Besides criminal penalties (discussed in an earlier post), the IRS also has the power to issue and assess civil penalties on taxpayers for various reasons. The following is a list of the most common and most used civil penalties by the IRS:
- Failure to file a tax return – Results in an additional 5% tax of the amount of the original tax required for every month a tax return is not filed. The month begins the day after the tax return is due. However, the penalty cannot exceed 25% of the original tax amount.
- Failure to pay a tax – Results in an additional 0.5% tax of the amount of the original tax required for every month the tax is not paid. The month begins the day after the tax return is due.
- Fraudulent failure to file a tax return – Results in an additional 15% tax of the amount of the original tax required for every month a tax return is not filed. However, the penalty cannot exceed 75% of the original tax amount. This is usually applied when there is some sort of intent to evade a tax by a taxpayer.
- Minimum delinquent penalty – Results in a minimum of a $100 penalty when there is a late tax return filed 60 days or more late and no other penalties apply.
- Negligence – Any failure to make a reasonable attempt to comply with the tax laws results in a 20% additional tax of the amount of the original tax required.
- Substantial understatement – Any failure to report income by 10% of the tax required to be shown or by $5,000 results in a 20% additional tax of the amount of the original tax required.
- Gross valuation misstatement – Any failure to report income by 40% of the tax required to be shown results in a 20% additional tax of the amount of the original tax required.
- Fraud – Any fraud on the part of a taxpayer results in an additional 75% tax of the amount of the original tax that is attributable to the fraud.