Although far less frequently imposed, another accuracy-related penalty is the civil fraud penalty - which equals 75% of the understatement attributable to fraud.
To successfully assert the civil fraud penalty, the Internal Revenue Service must establish an intentional wrongdoing designed to evade a tax that the taxpayer believed was owed. Thus, mere negligence or ignorance of the law does not constitute fraud.
The IRS must establish intent to defraud the government by clear and convincing evidence. This is a very difficult burden for the IRS to meet.
In conducting examinations, Internal Revenue Service auditors are instructed to look for "badges" of fraud, including:
- (1) Keeping two sets of books;
- (2) maintaining false or altered records, invoices, and documents;
- (3) destroying books or records;
- (4) concealing assets or income; and
- (5) conducting affairs so as to avoid making records.
Typically, an auditor who finds strong evidence of fraud will refer the case to the Internal Revenue Service Criminal Investigation Division for possible criminal prosecution. Keep in mind also that both civil sanctions and criminal prosecution may be imposed.
If during the course of an audit or in any other interaction with the IRS an IRS employee identifies himself as a special agent or as part of the criminal investigation division, you should say absolutely nothing more and immediately contact an attorney qualified to handle criminal tax matters. This is definitely not something you should handle on your own.
- Various rules relating to penalties
- Frivolous Tax Return penalty
- Penalties on Foreign Transactions
- Penalty for bounced checks to IRS
- Interest
Various rules relating to penalties
There are many rules related to penalties contained in the Internal Revenue Code.
Penalties are not deductible business expenses. The Internal Revenue Code will not allow as a trade or business expense "any fine or similar penalty paid to a government for violation of any law."
Under certain circumstances, penalties may not be imposed if the Internal Revenue Service does not send the taxpayer a notice, specifically stating liability and the basis for the liability, within 18 months following the date that is the later of (1) the original due date of the return or (2) the date on which the individual taxpayer timely filed the return.
Frivolous Tax Return penalty
The IRS may assert a $500 penalty if you file a "frivolous" income tax return.
This penalty is in addition to any other penalty provided by law. A return that lacks information from which the substantial correctness of the self-assessment may be judged or which shows on its face that the self-assessment is substantially incorrect may subject the taxpayer to the penalty if the taxpayer's position is "frivolous" or due to a desire (that appears on the return) to impede or delay the administration of federal income tax laws.
Penalties on Foreign Transactions
There is a host of penalties associated with foreign activities and reporting those activities to the IRS. There may be penalties for failure to comply with:
- (A) Information-reporting requirement with respect to foreign corporations and partnerships;
- (B) Information-reporting requirements related to foreign-owned and foreign corporations;
- (C) Information-reporting requirements relating to transfers to foreign corporations and partnerships;
- (D) A requirement that large gifts and bequests received from foreign persons be reported;
- (E) Information-reporting requirement applying to information on individuals losing United States citizenship.
Penalty for bounced checks to IRS
If you write a check in payment of any tax due and the check bounces, the IRS may impose a penalty. The penalty is either 2% of the amount of the check - unless the check is for $750 or less, in which case the penalty is the amount of the check or $15, whichever is less.
Interest
The Internal Revenue Service likes interest. The IRS is quite cognizant of the time-value of money. Thus, the IRS claims interest on most underpayments of tax and on penalties.
The interest period for a delinquent tax generally begins on the "last date prescribed for payment" of the underlying obligation and continues until the tax is paid. Typically, this means interest will begin to accrue from the due date of the return until the underlying tax, penalties, and interest are paid in full.
The IRS must send a notice, stating the taxpayer's liability and the basis for the liability, within 18 months following the date that is the later of: (1) the original due date of the return; or (2) the date on which the individual taxpayer timely filed the return.
The applicable interest rate is determined quarterly, based the yield of certain government obligations, and is compounded daily. (Currently, the applicable interest used for underpayments is 9.00%.)
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