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Income Tax PreparationIncome tax preparation 14. Income tax preparation Penalties and Interest Table of Contents Penalties and interest may result from any of the following acts. Income tax preparation Failing to collect and pay over tax as the collecting agent (see Trust fund recovery penalty, later). Income tax preparation Failing to keep adequate records. Income tax preparation Failing to file returns. Income tax preparation Failing to pay taxes. Income tax preparation Filing returns late. Income tax preparation Filing false or fraudulent returns. Income tax preparation Paying taxes late. Income tax preparation Failing to make deposits. Income tax preparation Depositing taxes late. Income tax preparation Making false statements relating to tax. Income tax preparation Failing to register. Income tax preparation Misrepresenting that tax is excluded from the price of an article. Income tax preparation Failure to register. Income tax preparation The penalty for failure to register if you are required to register, unless due to reasonable cause, is $10,000 for the initial failure, and then $1,000 each day thereafter you fail to register. Income tax preparation Claims. Income tax preparation There are criminal penalties for false or fraudulent claims. Income tax preparation In addition, any person who files a refund claim, discussed earlier, for an excessive amount (without reasonable cause) may have to pay a penalty. Income tax preparation An excessive amount is the amount claimed that is more than the allowable amount. Income tax preparation The penalty is the greater of two times the excessive amount or $10. Income tax preparation Trust fund recovery penalty. Income tax preparation If you provide taxable communications, air transportation services, or indoor tanning services, you have to collect excise taxes (as discussed earlier) from those persons who pay you for those services. Income tax preparation You must pay over these taxes to the U. Income tax preparation S. Income tax preparation Government. Income tax preparation If you willfully fail to collect or pay over these taxes, or if you evade or defeat them in any way, the trust fund recovery penalty may apply. Income tax preparation Willfully means voluntarily, consciously, and intentionally. Income tax preparation The trust fund recovery penalty equals 100% of the taxes not collected or not paid over to the U. Income tax preparation S. Income tax preparation Government. Income tax preparation The trust fund recovery penalty may be imposed on any person responsible for collecting, accounting for, and paying over these taxes. Income tax preparation If this person knows that these required actions are not taking place for whatever reason, the person is acting willfully. Income tax preparation Paying other expenses of the business instead of paying the taxes is willful behavior. Income tax preparation A responsible person can be an officer or employee of a corporation, a partner or employee of a partnership, or any other person who had responsibility for certain aspects of the business and financial affairs of the employer (or business). Income tax preparation This may include accountants, trustees in bankruptcy, members of a board, banks, insurance companies, or sureties. Income tax preparation The responsible person could even be another corporation—in other words, anyone who has the duty and the ability to direct, account for, or pay over the money. Income tax preparation Having signature power on the business checking account could be a significant factor in determining responsibility. Income tax preparation Prev Up Next Home More Online Publications
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