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PLoBello
Returning Member

Penalty for Underpayment of Estimated Taxes

I have used Turbotax to do my taxes for many years.  I just received a penalty letter from the IRS for underpayment of estimated taxes on my 2020 return. I owed almost $9,000 when I filed my return for 2020, and I paid that when I filed my return. I filed jointly with my wife in 2019, but we divorced and I filed single in 2020.

 

When I filed my 2020 return, I allowed the IRS to figure any penalty. I entered our entire joint tax for 2019 for Line 8 of Form 2210 instead of my share of the tax.  I did that because it would have been messy  and time consuming to figure my share, since I would have to calculate what my tax and my wife's tax would have been in 2019 had we both filed single.  I felt that I might not owe a penalty anyway, because 80% of my income that year came from my sale of part of an ownership interest in an S-corp that occurred at the end of August.  I hadn't planned to sell that interest until early August, so it wasn't factored into my earlier estimated tax payments. I did factor it into my estimated tax payments in September 2020 and January 2021, but still came up about $9,000 short.  The penalty is over $1,200, which seems high based on the relatively small amount of the underpayment compared to the amount of taxes that I paid.

 

I figured that it was conservative to use our entire tax from 2019 on Form 2210 and that if it turned out that the IRS felt I owed a penalty, I would figure my share of the 2019 tax at that point.  Well, I am at that point now, and my real question is how to divide our non-wage income so that I can determine my share of the tax in 2019.  

 

First, I live in Colorado, which is not a community property state.  I had income from a job in 2019, and my wife didn't work.  I am assuming that all of that wage income is attributable to me, but that only accounts for about 14% of our income.  The sale of the company stock, which was in my name, accounts for 80%.  The other 6% came from interest and dividends from bank and investment accounts, most of which were in my name.  If we lived in a community property state, it is my understanding that all of that non-wage or unearned income would be attributed 50-50 to me and my wife for the purposes of Form 2210. But I am not sure how that works in a non-community property state.  If all of the income from assets that are in my name are attributable to me, then I will owe the penalty because that will account for virtually all of our income in 2019.  But if the unearned income can be split 50-50 between me and my wife regardless of whose name it is in, then I can avoid most if not all of the penalty.

 

Any help with this question would be appreciated.

 

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6 Replies

Penalty for Underpayment of Estimated Taxes

@PLoBello - while I can't answer your question directly, did the IRS calculated the penalty as if the income from the large August Sale occured evenly over the course of the year?  If you were to re-do Form 2210 on your own to support your case for a lower penalty, be sure to check BOX C in Part II and then complete schedule AI (which is the last page of the link below).  Schedule AI will allow you to put the large same into the 3rd quartile of the year and eliminate it from the first half of the year.       

 

https://www.irs.gov/pub/irs-pdf/f2210.pdf

PLoBello
Returning Member

Penalty for Underpayment of Estimated Taxes

Thanks for the response.  I used Turbotax to report the large sale in August but the IRS still calculated a penalty, which was surprising.  Once I get an answer on how to split income between me and my wife, I will check everything again, including the timing of the income.  Thanks again. 

Penalty for Underpayment of Estimated Taxes

If you filed a 2020 return as single not married then you only use your 2020 information (none of your ex's is used)  on the 2210 AI form to compute the penalty if you want to refute the IRS's calculation.  

 

 

Penalty for Underpayment of Estimated Taxes

rule for when going from joint to single

first, compute the tax that both parties would have paid in 2019, based on their 2020 filing status. then multiply the tax shown on the 2019 joint return (110% if joint AGI for 2019 is over $150,000) by the following fraction

 

the tax you would have paid in 2019 based on your 2020 filing status  dividend by the sum of  the taxes that both parties would have paid in 2019 based on their 2020 filing status

 

 

example                                                                       spouse A              spouse B

2019 taxable income                                                    $20                      $10

2019 tax using 2020 filing status - single                   $6                        $4   

2019 joint return tax $5 (AGI under $150,000)

Spouse A share $6/$10 * $5 =                                     $3

Spouse B share $4/$10 * $5 =                                                                  $2   

 

what isn't clear is what to do if one taxpayer has self-employment tax and the other doesn't.  as a guess additional taxes and tax credits should be allocated to the specific taxpayer that created or caused them.

certain credits and additional taxes may need to be split. 

 

 

 

 

the other exception is for you to have timely paid 90% of your 2020 tax

you can use the annualized income schedule on form 2210 to see if that lowers or eliminate the penalty 

https://www.irs.gov/pub/irs-prior/f2210--2020.pdf 

see page 4 

 

PLoBello
Returning Member

Penalty for Underpayment of Estimated Taxes

Thanks, yes I realize that.  The question is how to divide 2019 income between me and my spouse when we filed jointly that year.  That is required in order to calculate my share of the total taxpaid in 2019.  That in turn is needed to determine whether I owe a penalty for 2020 or not.

PLoBello
Returning Member

Penalty for Underpayment of Estimated Taxes

Thanks, yes I understand all of that.  The question remains how to divide the 2019  taxable income between Spouse A and Spouse B in your example below.  Once I know how to do that, I understand the rest.  As stated in my original post, the question is how to divide the unearned income since I do not live in a community property state, where it would automatically be 50-50.

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