tax penalties

[user17581195285]

Is the usual penalties for making a mistake on taxes based on a percentage of what you tax mistake is?  How does the IRS decide on what the penalties are?

[vithalanin]

Penalties and amounts are based on the type of mistake you make. Many are based on the percentage of the unpaid or underpaid tax. Some of the penalties are fixed while others are a percentage.

The IRS determines penalties based on the specific type of non-compliance, such as:

• Failure to file a return on time
• Failure to pay taxes owed
• Understating your tax liability
• Intentionally misreporting information (fraud) 

Failure to file is 5% of unpaid tax  per month or part of the month the return is late per month or , upto 25% with minimum 60 day late penalty. Failure to pay is 0.5% of unpaid tax  per month or part of the month the return is late per month, also capped at 25%. But when both penalties apply, the combined penalty for the month is 5%.
Accuracy related penalty applies when you under pay your tax,  and is generally 20% of the underpayment attributed to negligence, disregard of rules, or a substantial understatement of tax. A substantial understatement for individuals is when the amount is more than 10% of the correct tax or $5,000, whichever is greater. A higher penalty rate of 40% applies for gross valuation misstatements. 

Underpayment penalty of estimated taxes applies if you did not pay enough taxes throughout the year. The interest is per quarter and the IRS has interest rates set for each quarter.

[SwapnaM]

Yes, the penalties for tax mistakes are often based on a percentage of the underpaid tax, but it's not the only factor. The IRS uses these percentages to decide the penalty amount, and the rate depends on the type of mistake you made. https://www.irs.gov/payments/penalties 

Accuracy-Related Penalty (most common)

• Rate: 20% of the underpaid tax due to negligence, substantial understatement, or disregard of rules.

Fraud Penalty

• Rate: Up to 75% of the underpaid tax if fraud is proven. This is reserved for cases where there is clear intent to deceive the IRS.

The IRS calculates interest on unpaid taxes starting from the original due date of the tax return, regardless of whether you filed an extension. This means that even if you received an extension to file, interest on any unpaid taxes starts accruing on the original due date, typically April 15.

The interest rate the IRS uses is tied to the federal short-term interest rate, which is determined quarterly. To this short-term rate, the IRS adds an additional 3%.

The IRS also considers whether you have a history of compliance and if there was a "reasonable cause" for the mistake. If you can show you had a good reason for the error (like a natural disaster, serious illness, or an inability to get records), the IRS may reduce or remove the penalty. Also, remember that interest on the unpaid tax and any penalties adds up daily until you pay the full amount. https://www.irs.gov/payments/penalty-relief

@user17581195285 Thanks for the question!!