Underreporting Income to IRS Penalties | 20/20 Tax Resolution (2024)

IRS PENALTIES

When it comes to business tax penalties, the IRS has numerous enforcement techniques. In fact, there are over 100 different tax penalties that it can use against a business for various reasons.

If your business is facing IRS penalties, the stress can be a heavy burden. The good news is that there are possible resolutions. The first step is understanding your situation.

WHY DO IRS PENALTIES HAPPEN?

IRS penalties can occur for many reasons, ranging from failing to file a tax return to underreporting income. The fraud penalties are extreme and can be assessed at the rate of 75% of the amount that was underreported. For example, if you underreport your business’s income by $50,000 the IRS can penalize you as much as $37,500.

Two of the most common mistakes that lead to IRS tax penalties: failing to file and failing to pay on time. However, if you were to review IRS tax transcripts, you might be surprised to find out just how many penalties are at the IRS’ disposal to assess against businesses.

WHY ARE PENALTIES SO HIGH?

In a lot of ways, IRS penalty fees are excessive. The IRS’ theory is that penalties are exorbitant in order to discourage businesses from continually making payroll mistakes and not paying their withholding or income taxes.

Due to the complexity of calculating the assessment of tax penalties, the only way you will find out how much you’ll owe is after you have been hit by the penalties. By that time, of course, your business is facing a tax bill that can be extremely difficult to pay.

WHAT CAN YOU DO?

In certain circ*mstances, businesses can file for an IRS penalty abatement of penalties assessed using the IRS’ “reasonable cause criteria.” Generally, if your business is facing penalties due to circ*mstances out of your control, chances are that a formal request for abatement should be filed and negotiated with the IRS.

If your business owes an excessive amount in IRS penalties, it’s time to develop a strategy. There are options such as an Installment Agreement or Offer in Compromise, and updated IRS regulations under the Fresh Start Initiative have modified how these work. If you would like to read more about your new resolution options, download our free guide.

If you would rather talk to someone, reach out to one of our tax resolution specialists to get your tax issues under control.

Developing a resolution strategy should be your top priority. Now is the time to resolve your tax problem and get back to doing what you do best – running your business.

Connect with a tax expert about your business tax penalty situation.

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Underreporting Income to IRS Penalties | 20/20 Tax Resolution (2024)

FAQs

What happens if IRS discovers unreported income? ›

If a discrepancy exists, a Notice CP2000 is issued. The CP2000 isn't a bill, it's a proposal to adjust your income, payments, credits, and/or deductions. The adjustment may result in additional tax owed or a refund of taxes paid.

How do I get out of substantial tax understatement penalty? ›

To avoid the substantial understatement penalty by adequate disclosure, you must properly disclose the position on the tax return and there must at least be a reasonable basis for the position. To properly disclose the position, complete and attach IRS Form 8275 to your tax return and disclose all relevant facts.

How to get IRS to forgive penalties? ›

You may qualify for penalty relief if you demonstrate that you exercised ordinary care and prudence and were nevertheless unable to file your return or pay your taxes on time. Examples of valid reasons for failing to file or pay on time may include: Fires, natural disasters or civil disturbances.

What is a good reasonable cause for IRS penalty abatement? ›

Reasonable cause

The IRS will consider this relief when the taxpayer can show they tried to meet their obligations, but were unable to do so. Situations when this could happen include a house fire, natural disaster and a death in the immediate family.

How many years can IRS go back for unreported income? ›

Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.

What are the consequences of underreporting income? ›

It may cause an increase or decrease in your tax liability or may not change it at all. If your tax liability increases and you now owe money, it is to your benefit to pay the balance as soon as possible, because the IRS charges interest until you pay the balance in full.

How to get rid of IRS penalties and interest? ›

Send us a payment or pay your taxes in full to stop future penalties and interest from adding up.

Does the IRS forgive honest mistakes? ›

We may be able to remove or reduce some penalties if you acted in good faith and can show reasonable cause for why you weren't able to meet your tax obligations. By law we cannot remove or reduce interest unless the penalty is removed or reduced.

Will the IRS abate underpayment penalties? ›

Taxpayers with assessed taxes of $100,000 or more are not eligible for automatic relief and can apply for penalty relief under the reasonable cause criteria or the First-Time Abate program. Visit IRS.gov/penaltyrelief for details. Taxpayers can find details about their penalty relief by viewing their transcript.

What is the IRS one time forgiveness? ›

One-time forgiveness, otherwise known as penalty abatement, is an IRS program that waives any penalties facing taxpayers who have made an error in filing an income tax return or paying on time. This program isn't for you if you're notoriously late on filing taxes or have multiple unresolved penalties.

How to write a tax penalty waiver letter? ›

How to Write a Penalty Abatement Request Letter
  1. Record Your Information and the Penalty Information. ...
  2. State an Explicit Request for an IRS Penalty Abatement and Appeal. ...
  3. Explain the Facts. ...
  4. Cite any Applicable Laws. ...
  5. Apply the Law to the Facts. ...
  6. Request for Next Action. ...
  7. Include Signature, Attestations, and Attachments.

What is an example of a penalty abatement letter? ›

IRS Letter to Request First-Time Penalty Abatement. To Whom It May Concern: We respectfully request that the [failure-to-file/failure-to-pay/failure-to-deposit] penalty be abated based on the IRS's First Time Abate administrative waiver procedures, as discussed in IRM 20.1. 1.3.

What are reasons for underpayment penalty waiver? ›

Waiver of Penalty. If you have an underpayment, all or part of the penalty for that underpayment will be waived if the IRS determines that: In 2022 or 2023, you retired after reaching age 62 or became disabled, and your underpayment was due to reasonable cause (and not willful neglect); or.

What are the criteria for penalty abatement? ›

Penalties eligible for One-Time Penalty Abatement include: Failure to File - You did not pay by the due date of the tax return and did not file your tax return by the extended due date. Failure to Pay - You did not pay the entire amount due by your payment due date.

Who qualifies for first time abatement in the IRS? ›

How to qualify for a first-time penalty abatement. If you meet two criteria, you might be able to get the IRS to reverse its penalties for not filing a tax return or paying on time. You must have filed a tax return for at least three years prior to when you got a penalty if you were required to.

What is the penalty for not reporting all income? ›

The negligence penalty is 20% of the amount you underpaid

This is a steep penalty, and the IRS usually charges it (or, “assesses” it) when taxpayers overstate their deductions or don't report all their income. Negligence is defined under the law as any failure to make a reasonable attempt to comply with the tax laws.

Will IRS know if I don't report? ›

The IRS continues to identify people who have a filing requirement but have failed to file a return. By law the IRS may file a substitute return for you if you do not voluntarily file. A series of letters is first sent explaining the possible action IRS may take as part of the Substitute for Return Program.

Will I get audited if I don't report income? ›

If an auditor finds you haven't reported all of your income and aren't entitled to all credits, deductions, and exemptions claimed on your tax return, you might face a bigger tax bill, penalties, interest, and in rare and serious cases (such as fraud or tax evasion), jail time.

Can you get away with not reporting cash income? ›

First and most importantly is that the under reporting of income including not reporting cash transactions to avoid taxes is not legal. The IRS actively pursues businesses who under report income and who pay in cash to avoid income taxes.

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