Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 22, 2015
The Firm
201-896-4100 info@sh-law.comIn 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 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.
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 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.
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.
Corporate consolidation involves two or more businesses merging to become a single larger entity. The result is often a stronger and more competitive company that can better navigate today’s competitive marketplace. What Is Corporate Consolidation? Corporate consolidation closely resembles a basic merger transaction. The primary difference is that a consolidation creates an entirely new business […]
Author: Dan Brecher
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!