Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Congress Increases Tax Return Penalties for Inaccurate Information

Author: Scarinci Hollenbeck, LLC

Date: August 22, 2015

Key Contacts

Back

Last week, the IRS passed stiffer penalties for inaccurate information found on any tax return filed after Dec. 31, 2015.

In the new legislation, penalties for inaccurate information on a tax return may have more than doubled for failure to file accurate information on returns or payee statements.

The new provision and penalties for inaccurate information on a tax return

The new rules mark the second time since 2010 that Congress has voted to increase the minimum penalties for inaccurate information under Section 6721(b) and per-employer penalty caps under Section 6722(b) for an inaccurate or un-filed tax return. However, this provision was significant because it was passed in a revenue increase, rather than a tax bill, as part of the Trade Preference Extension Act of 2015. These penalties for inaccurate information will also be imposed under Code sections 6721 and 6722 retroactive to 2015 tax returns.

Stiffer penalties for inaccurate information

The previous penalties for inaccurate information on a tax return for both sections 6721 and 6722 are $100 for each return, and up to $1.5 million for each year. However, under the new provision, the penalties will increase to $250 for each erroneous tax return, and up to $3 million per year. Although there are ways to reduce the penalties if  a tax return is amended within 30 days after filing. The penalty is now reduced by $50 per inaccurate return if corrective actions are taken within 30 days, and a threshold of $500,000. This is a significant change as the previous penalty reduction was $30 per return with a $250,000 threshold. This benefit increases to $60 per return if corrective actions are taken on erroneous returns within 30 days, but before Aug. 1, 2015. These reductions extend for erroneous returns with a threshold of $1.5 million as the amount per return increases to $100 if corrective actions are made by Aug. 1. Finally, for gross receipts with a threshold of $5 million, the new legislation allows a reduction between $250 to $500 for cases of unintentional error.

The tax forms to be penalized

The new penalties for inaccurate information under Sections 6721 and 6722 are Forms 1099 “Miscellaneous Income”, 1098 “Mortgage Interest Statement”, 1097 “Bond Tax Credit”, W-2 “Wage and Tax Statement”, W-2G “Certain Gambling Winnings” and 5498 “IRA Contribution Information”. Although taxpayers need to be aware that these new penalties apply to both total income reported and information returns for a variety of gross proceeds, including mortgage interest statements, payments subject to the Fair and Accurate Credit Transactions Act as well as various information returns required under the Affordable Care Act. However, under Section 6724, the IRS does allow certain penalties to be abated if the failure to submit accurate information is the result of reasonable cause.

Criticism of the new penalties

According to The National Law Review, due to the fact that the new penalties apply to the copy of the form filed with the IRS and the copy filed with an employee, the penalties for inaccurate information are not only more strict, they impact more taxpayers. These new penalties will now also apply to inaccurate tax returns before 2015 if they are discovered this year, or if the corrective actions are taken after 2015.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Can You Change an Irrevocable Trust in New Jersey? post image

Can You Change an Irrevocable Trust in New Jersey?

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]

Author: Marc J. Comer

Link to post with title - "Can You Change an Irrevocable Trust in New Jersey?"
How Intellectual Property Valuation Will Impact Business Transactions post image

How Intellectual Property Valuation Will Impact Business Transactions

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]

Author: Jay McDaniel

Link to post with title - "How Intellectual Property Valuation Will Impact Business Transactions"
Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls post image

Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]

Author: George McGowan

Link to post with title - "Data Center, Dark Fiber, and Lit Services Agreements in New Jersey: Key Terms and Legal Pitfalls"
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!