Do You Know the Tax Penalties for Filing and Paying Late? (2024)

Tax Day in the U.S.—the date by which individual tax returns must be submitted to the Internal Revenue Service (IRS)—usually falls on April 15. It's sometimes a few days later if April 15 falls on a weekend or on a national holiday. The IRS charges penalties and interest if you file your taxes or make your payment after this date.

You can file for an extension by April 15 if you need more time to prepare your return, or by April 18 in 2023, the due date for your 2022 tax return. This will give you an additional six months to file. But you must still pay any tax due by April 15 or you'll be penalized. Learn the consequences of late payments or unfiled returns and how to avoid them.

Key Takeaways

  • You must pay 0.5% for each month the payment is late, up to 25% of the remainder due, if you owe money after the federal tax filing date.
  • Failing to file at all accumulates a higher rate of 5%, so you'll always want to at least file on time.
  • Interest on the unpaid tax amount builds daily.
  • The IRS sometimes waives the penalty if your late payment happens for a very good reason.

Penalty for Late Payments

The late payment penalty or failure to pay penalty applies to any portion of your federal tax debt that remains outstanding as of the April due date. The IRS imposes a failure to pay penalty of 0.5% for each month or part of a month that the tax goes unpaid, up to a total of 25% of the remaining amount due.

The Penalty for Filing Taxes Late

The penalty for filing your tax return late is steeper at 5% of your unpaid taxes as of the filing date. The 5% penalty is applied each month or part of a month that your return is late, but it will never exceed 25% of your unpaid taxes.

The clock begins ticking at your tax deadline unless you filed for an extension by that date or the IRS has otherwise extended the tax filing deadline. You'd have an additional six months until October before this particular penalty kicks in if you file for an extension of time to file by the April due date.

You'll have to pay at least $450 or a penalty equal to 100% of the tax you owe, whichever is less, if you file your 2022 tax return more than 60 days after its due date on April 18, 2023.

Note

There's an exception to the late filing penalty. You'll generally pay no penalty for filing a late return if the IRS owes you a refund.

IRS Quarterly Interest Rates

Interest compounds daily on what you owe the IRS and it's typically added to any unpaid tax from the time the payment was due until the date the tax is paid. The rates are set by the IRS every three months at the federal short-term rate plus three percentage points.

The Internal Revenue Code requires that the IRS review its interest rate quarterly to keep pace with the economy, but this doesn't mean that the rate will always change quarterly. It won't change unless there's been a somewhat significant swing in the national economy.

Note

The interest rate is 7% per year for the first quarter of 2023, up from 6% in the last quarter of 2022.

If You Neither File Nor Pay

The failure to file penalty will max out after five months if you still haven't paid what you owe, but the failure to pay penalty of up to 25% of the amount owed will continue to accrue until the amount you owe is paid.

Request an Extension and Avoid the Penalty

​You should immediately file a request for a six-month extension of time if you know your return is probably going to be late. It's a simple matter of filing Form 4868 with the IRS. Your request won't be accepted if the April filing deadline has already passed. You don't have to wait until October to file your tax return if you can submit it before that time.

Sometimes the IRS grants filing or payment extensions to residents of states that have been affected by disasters and severe weather. A complete list of these extensions can be found on the IRS website.

You may also want to file for an extension if you've completed your return and it looks like you owe taxes. This pushes your filing deadline back to October, and it helps you avoid the more serious failure to file penalty.

An extension gives you time to consult with a tax professional to make sure you're not missing a deduction, a tax credit, or some other detail that could help you reduce the amount you owe. Keep in mind that even if your return can be extended, payment of taxes cannot.

Note

Estimate the amount of tax you think you'll owe when you request an extension and make a payment when you submit the form, if possible.

Will the IRS Waive Tax Penalties?

The IRS might provide administrative relief and waive the penalties if you qualify under its First Time Penalty Abatement policy. You must not have had any penalties in the prior three tax years to qualify. You must also have filed your current year's tax return on time and have paid (or arranged payment for) any tax you might owe.

The IRS might waive the late payment penalty if you can show a reasonable and justifiable reason for not paying on time. Administrative relief might also be provided if you received misleading advice from the IRS, but this is harder to prove and claim.

You can contact the IRS by mail or by telephone to find out more.

Frequently Asked Questions (FAQs)

What happens if you don't file taxes?

You could be subject to failure to file and failure to pay penalties along with interest if you don't file a tax return and you owe taxes on that return. The IRS will send you a Notice and Demand for Payment if it determines that you owe taxes. The IRS can place a lien against your property, including your home and bank accounts, if you don't pay. The IRS will send a Final Notice of Intent to Levy 30 days before the levy if you don't pay after receiving the Notice and Demand for Payment. If you still don't file and pay, the IRS can seize your property. But you might not have to file if you don't meet certain income requirements.

What is the minimum income to file taxes?

Whether you're required to file a tax return depends on your age, your income, and your filing status. You must generally file if your income is more than the standard deduction. That would be $12,950 for tax year 2022, the return you'd file in 2023, if you're a single taxpayer who's younger than age 65. The deduction increases if you're married filing a joint return or you qualify as head of household. You're also required to file if you're self-employed.

Do You Know the Tax Penalties for Filing and Paying Late? (2024)

FAQs

Do You Know the Tax Penalties for Filing and Paying Late? ›

The IRS charges as much as 10 times more to late filers who don't complete the form for an automatic extension. The late-filing, or Failure to File Penalty is five percent of your unpaid tax balance per month. The late-payment penalty is 0.5 percent per month.

What are the penalties for filing taxes late? ›

If you owe tax and don't file on time, there's also a penalty for not filing on time. The failure-to-file penalty is usually five percent of the tax owed for each month, or part of a month that your return is late, up to a maximum of 25%.

What is the penalty for late tax payment? ›

₹5,000 if ITR is filed before 31st December of the Assessment Year; ₹10,000 if filed after 31st December but before 31st March of the Assessment Year, for incomes above ₹5 lakh. For incomes below ₹5 lakh, the penalty is ₹1,000.

What is the penalty for owing more than $1000? ›

The amount is more than $1,000 and you didn't pay at least 90% of what you owed so you would be subject to an underpayment penalty unless you meet other criteria for avoiding it. The penalty would be the federal short-term rate at the time plus three percentage points. That rate is 8% heading into 2024, or $240.

How much can you owe the IRS without penalty? ›

Penalty for underpayment of estimated tax

Generally, most taxpayers will avoid this penalty if they owe less than $1,000 in tax after subtracting their withholdings and credits, or if they paid at least 90% of the tax for the current year, or 100% of the tax shown on the return for the prior year, whichever is smaller.

What happens if you don't file taxes by April 18th? ›

Penalties and interest apply to taxes owed after April 18 and interest is charged on tax and penalties until the balance is paid in full.

How do I calculate my IRS penalty? ›

The penalty for late payment is 1/2% (1/4% for months covered by an installment agreement) of the tax due for each month or part of a month your payment is late. The penalty increases to 1% per month if we send a notice of intent to levy, and you don't pay the tax due within 10 days from the date of the notice.

How late can you file taxes? ›

If you filed a tax extension by the April 15 deadline, you get an extra six months to file your 2023 tax return. As long as you paid an estimated amount that's close to what you owe, you won't be subject to fines or penalties if you file your return and pay any remaining tax liability by Oct. 15, 2024.

How to avoid IRS penalty? ›

You can avoid a penalty by filing accurate returns, paying your tax by the due date, and furnishing any information returns timely. If you can't do so, you can apply for an extension of time to file or a payment plan.

How do I get my IRS penalty waived? ›

Reasons the IRS will remove penalties
  1. Statutory exception: proving a specific authoritative exclusion to the penalty. ...
  2. IRS error: documenting that the error was the result of reliance on IRS advice. ...
  3. Reasonable cause: providing a valid reason that you couldn't comply based on your facts and circ*mstances.

Will I go to jail for owing IRS 20k? ›

If you cannot afford to pay your taxes, the IRS will not send you to jail. However, you can face jail time if you commit tax evasion or fraud.

Can the IRS put you in jail for owing money? ›

In fact, the IRS cannot send you to jail, or file criminal charges against you, for failing to pay your taxes.

What triggers the IRS underpayment penalty? ›

If you didn't pay at least 90% of your taxes owed (or 100% of last year's tax liability) and owe more than $1,000 when you file your taxes, you may be charged a fine called the underpayment penalty.

What happens if I pay my taxes late? ›

If you don't pay your tax by the due date in the notice or letter we send to you, the failure to pay penalty is 0.5% of the tax you didn't pay timely for each month or partial month that you don't pay after the due date.

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.

Will the IRS forgive late filing penalties? ›

The Internal Revenue Service will automatically waive failure to pay penalties on assessed taxes less than $100,000 for tax years 2020 or 2021.

Can you skip a year of filing taxes? ›

The law requires you to file every year that you have a filing requirement. The government can hit you with civil and even criminal penalties for failing to file your return.

How long can you go without filing taxes? ›

Additionally, you have to consider the state you live in. For example, if you live in California, they have a legal right to collect state taxes up to 20 years after the date of the assessment!

How late can you file taxes in 2024? ›

The end of the 2024 tax season for most Americans is April 15, 2024. If you are unable to file before that date, you still have options. You can file for an extension. Filing an extension gives you an additional six months to October 15, 2024, to submit a complete return.

How much money do you have to owe the IRS before you go to jail? ›

You ignore the bill and all of the IRS's collection notices. At this point, the IRS may obtain a civil judgment against you for the $10,000. This gives the IRS the right to issue a federal tax lien, seize your assets, garnish your wages, or take other collection actions. The IRS cannot put you in jail.

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