Had what I thought was a small amount of 1099/consulting work while working a full-time job. I was audited by Fed and State for two tax years who later determined I owed alot of taxes for not filing quarterly. Major penalties and interest.
Any suggestions?
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I would like to know this as well, since we started our small business in January and haven't yet filed (quarterly or otherwise).
I'm sorry to hear of your unpleasant audit. I'm reading that no taxes were included when you filed your return for this additional consulting work? You are required to report the Self-Employment income on a Sch C. If you do this within the TurboTax program, it will calculate the income tax and SE tax for you on the return and include the balance due for you to pay via 1040V voucher. This would have avoided a large amount of SOME of the penalties and interest at a minimum but not all. Keep reading.
Our tax system is pay-as-you-go so you must estimate what you believe will be your net earnings for self employment (Income minus expenses) plus any other income, especially income that has no tax withholding. You can use our Taxcaster for this purpose. If it looks like you will owe $1,000 or more for the year, you are required to make quarterly ES payments. The amount of tax would be 15.3% of your net earnings from self employment PLUS income tax due on your SE net income PLUS any other non-withheld income (dividends, interest, capital gains, etc.) less any withholdings and credits. Here are the income tax brackets for 2024:
Tax Rate | For Single Filers | For Married Individuals Filing Joint Returns | For Heads of Households |
---|---|---|---|
10% | $0 to $11,600 | $0 to $23,200 | $0 to $16,550 |
12% | $11,600 to $47,150 | $23,200 to $94,300 | $16,550 to $63,100 |
22% | $47,150 to $100,525 | $94,300 to $201,050 | $63,100 to $100,500 |
24% | $100,525 to $191,950 | $201,050 to $383,900 | $100,500 to $191,950 |
32% | $191,950 to $243,725 | $383,900 to $487,450 | $191,950 to $243,700 |
35% | $243,725 to $609,350 | $487,450 to $731,200 | $243,700 to $609,350 |
37% | $609,350 or more | $731,200 or more | $609,350 or more |
Divide this total figure that is in excess of $1,000 by 4 and there you have your estimated quarterlies. Even if you don't owe over $1,000, you may want to pay in some tax if you owe over the threshold for paying SE tax which is $400. The ES payments are made electronically or by mail on this schedule:
Payment Period | Due Date |
---|---|
January 1 – March 31 | April 15 |
April 1 – May 31 | June 15 |
June 1 – August 31 | September 15 |
September 1 – December 31 | January 15* of the following year. *See January payment in Chapter 2 of Publication 505, Tax Withholding and Estimated Tax |
Fiscal Year Taxpayers | If your tax year doesn't begin on January 1, see the special rules for fiscal year taxpayers in Chapter 2 of Publication 505 |
Farmers and Fishermen | See Chapter 2 of Publication 505 |
This is what you should have done. But since your question is more specifically on what you should do now, you may want to consider asking for an abatement of penalty. The tax and interest will always be due. The IRS has a host of penalties. These two apply to your situation:
Failure to Pay (FTP) generally requires abatement because the IRS assesses these penalties electronically through its computer systems when a return is filed, or a transaction is made on a balance due account. You can request abatement of penalties within the normal refund statute of limitations which is three years from the date the return was filed or two years after the penalty was paid. You can use one or both of the following causes to increase your chances:
Unfortunately, the estimated tax penalty is generally not abatable. You can request an exclusion from the penalty when filing your tax return using Form 2210.
You can also annualize your income if it is received unevenly during the year. This may help avoid or lower the penalty. Complete Schedule AI on Form 2210 to calculate the penalty using the annualized income installment method.
The underpayment penalty will be waived if the IRS determines that:
Since you were the subject of an audit, you may want to review the documentation that came with the finalization of that audit as there is a process to appeal. You may also want to consult a tax specialist to represent you in this matter.
Cheers!
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