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Level 2
December 16, 2020

Underpayment Penalties

  • December 16, 2020
  • 4 replies
  • 11 views

What can anyone tell me about how the penalty for not having paid in 90% of tax works (as distinct from penalty for not paying quarterly estimated tax payments)?   I assume the penalty is applied if 90% isn't paid in by December 31 (rather than tax filing deadline.)  I appreciate any clarification.

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4 replies

IRonMaN
Level 15
December 16, 2020

Have you read through the instructions to the form?

2019 Instructions for Form 2210 (irs.gov)

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BobKamman
Level 15
December 16, 2020

Or are you asking about the late payment penalty that starts with the return due date when an extension is filed but without enough tax paid with it?

Level 2
December 16, 2020

I am referring to the penalty when the total of withholding and estimated payments are not paid in by end of year (or filing date?)  I have looked at the form instructions and they seem a little vague in that they do not state that they must be paid by year end, filing time, or January 15...? (since this is the final quarterly estimated due date for the prior year...?) 

Is the 90% rule the one you are referring to for not enough paid in at filing time? If so that answers my question.  But even the instructions can be very confusing - bottom line for me is - should I tell my client to have at least 90% paid in by Dec 31, or when...

I appreciate all help and answers.

qbteachmt
Level 15
December 16, 2020

"I have looked at the form instructions and they seem a little vague"

By withholding = from Payroll on a paycheck dated in that tax year.

By estimates = by the final due date for estimates for that tax year, such as Jan 15 is for the prior tax year.

You are asking about Safe Harbor. There are three tests and you need to know what applies: 90%, 100% and 110%. That's why you read the IRS reference materials.

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Level 15
December 16, 2020

@johnicahorton wrote:

What can anyone tell me about how the penalty for not having paid in 90% of tax works (as distinct from penalty for not paying quarterly estimated tax payments)? 


 

It is not distinct from the estimated tax penalty.  They are the same thing.

If a taxpayer did not pay at least 90% of what they owe (see note below), they SHOULD have made Estimated Tax Payments (or had higher withholding).  So that is the Underpayment of Estimated Tax Penalty.

As you read the instructions, it is more complicated than that.  Factors include if you owe more than $1000, what last year's tax was, and higher income taxpayers may need to pay more than 90%.  But the bottom line is that you are referring to ONE penalty, not two different ones.

abctax55
Level 15
December 17, 2020

Pull Form 2210, and walk (very carefully...) thru page 3 & 4.  It should clarify things much better than words can.  It is actually very logical.

Another approach is to use a dummy client, make it have a liability, then play with the numbers coming from withholding and from estimates.  Change the dates on the estimates (make some late, or even zero) and review the F 2210 page 3 & 4 and worksheets until you understand the impact.

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