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tk01kj
Returning Member

$1096 (penalty/interest) bill from IRS due to late payment on stock income taxes owed from 2020. Do I qualify for IRS penalty relief in 2020 if I already had first abatement?

In 2020, my W2 federal withholding was $22k+, greater than my 2017, 2018 and 2019 federal tax liability combined. However, my 2020 tax liability from short term capital gains exceeded the refund I would've gotten from the withholding. Since I filed an extension and paid the liability in Oct 2021 instead of May 2021, the $1096 was a late penalty due to the short term capital gains.

I already used up the first time penalty abatement relief for 2019 tax year (got a $135 underwithholding penalty refunded in 2023). According to this article, the IRS 2020 relief seems to be separate from first time abatement.

https://www.irs.gov/newsroom/irs-provides-penalty-relief-for-2020-and-2021-tax-returns-help-paying-t...

Would I qualify for another sort of late penalty relief since I wasn't aware at the time that I had so much short term capital gains in 2020 that greatly increased my tax liability beyond the withholding?

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1 Reply
DianeW777
Expert Alumni

$1096 (penalty/interest) bill from IRS due to late payment on stock income taxes owed from 2020. Do I qualify for IRS penalty relief in 2020 if I already had first abatement?

It's possible. There are two normal exceptions to the underpayment penalty.  The IRS tax system is pay as you go, so when you received the short term capital gains you may have needed to pay estimated tax to cover.  Check your tax tax return for 2019 to see what the tax liability was (line 16).  Next, review the possible exceptions below.  My hope is that you will fall into one of the categories where you actually had enough paid in on time.  This will not eliminate any interest for late payment.

 

Generally, you can avoid the penalty if your total timely estimated payments and withholdings are greater than or equal to the lesser of:

  • 90% of the total tax after credits for the current year, or (2020)
  • 100% of the total tax after credits in the prior year (2019)
  • See one exception below.

You can also avoid the penalty if the amount you owe is less than $1,000 as long as any estimated tax payments you made are timely.

 

NoteHigh-income taxpayers. If your adjusted gross income (line 11 of your 2023 Form 1040) is greater than $150,000 (or $75,000 if you're married and file a separate return from your spouse), you can avoid a penalty by paying at least 110% of your total tax from the prior year. These levels also applied in 2020.

 

There is an annualized method available if you received this in the last quarter of the year which could lower the penalty substantially.

Lastly, you should include a letter with your reply explaining that you always pay your tax when due, that this was not intentional and as soon as you realized the tax was due it was paid. Then ask for consideration of relief of some or all of the penalty.  It can happen but there's no guarantee.

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