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Www irs gov e pay Publication 1544 - Main Content Table of Contents Why Report These Payments? Who Must File Form 8300?What Payments Must Be Reported? What Is Cash? Taxpayer Identification Number (TIN) What Is a Related Transaction? What About Suspicious Transactions? When, Where, and What To File Examples Penalties How To Get Tax HelpLow Income Taxpayer Clinics (LITCs). Www irs gov e pay Why Report These Payments? Drug dealers and smugglers often use large cash payments to “launder” money from illegal activities. Www irs gov e pay Laundering means converting “dirty” or illegally-gained money to “clean” money. Www irs gov e pay The government can often trace this laundered money through the payments you report. Www irs gov e pay Laws passed by Congress require you to report these payments. Www irs gov e pay Your compliance with these laws provides valuable information that can stop those who evade taxes and those who profit from the drug trade and other criminal activities. Www irs gov e pay The USA PATRIOT Act of 2001 increased the scope of these laws to help trace funds used for terrorism. Www irs gov e pay Who Must File Form 8300? Generally, any person in a trade or business who receives more than $10,000 in cash in a single transaction or in related transactions must file Form 8300. Www irs gov e pay For example, you may have to file Form 8300 if you are a dealer in jewelry, furniture, boats, aircraft, or automobiles; a pawnbroker; an attorney; a real estate broker; an insurance company; or a travel agency. Www irs gov e pay Special rules for clerks of federal or state courts are discussed later under Bail received by court clerks. Www irs gov e pay However, you do not have to file Form 8300 if the transaction is not related to your trade or business. Www irs gov e pay For example, if you own a jewelry store and sell your personal automobile for more than $10,000 in cash, you would not submit a Form 8300 for that transaction. Www irs gov e pay Transaction defined. Www irs gov e pay    A “transaction” occurs when: Goods, services, or property are sold; Property is rented; Cash is exchanged for other cash; A contribution is made to a trust or escrow account; A loan is made or repaid; or Cash is converted to a negotiable instrument, such as a check or a bond. Www irs gov e pay Person defined. Www irs gov e pay   A “person” includes an individual, a company, a corporation, a partnership, an association, a trust, or an estate. Www irs gov e pay   Exempt organizations, including employee plans, are also “persons. Www irs gov e pay ” However, exempt organizations do not have to file Form 8300 for a more-than-$10,000 charitable cash contribution they receive since it is not received in the course of a trade or business. Www irs gov e pay Foreign transactions. Www irs gov e pay   You do not have to file Form 8300 if the entire transaction (including the receipt of cash) takes place outside of: The 50 states, The District of Columbia, Puerto Rico, or A possession or territory of the United States. Www irs gov e pay However, you must file Form 8300 if any part of the transaction (including the receipt of cash) occurs in Puerto Rico or a possession or territory of the United States and you are subject to the Internal Revenue Code. Www irs gov e pay Bail received by court clerks. Www irs gov e pay   Any clerk of a federal or state court who receives more than $10,000 in cash as bail for an individual charged with any of the following criminal offenses must file Form 8300: Any federal offense involving a controlled substance, Racketeering, Money laundering, and Any state offense substantially similar to (1), (2), or (3) above. Www irs gov e pay For more information about the rules that apply to court clerks, see Section 1. Www irs gov e pay 6050I-2 of the Income Tax Regulations. Www irs gov e pay What Payments Must Be Reported? You must file Form 8300 to report cash paid to you if it is: Over $10,000, Received as: One lump sum of over $10,000, Installment payments that cause the total cash received within 1 year of the initial payment to total more than $10,000, or Other previously unreportable payments that cause the total cash received within a 12-month period to total more than $10,000, Received in the course of your trade or business, Received from the same buyer (or agent), and Received in a single transaction or in related transactions (defined later). Www irs gov e pay What Is Cash? Cash is: The coins and currency of the United States (and any other country), and A cashier's check, bank draft, traveler's check, or money order you receive, if it has a face amount of $10,000 or less and you receive it in: A designated reporting transaction (defined later), or Any transaction in which you know the payer is trying to avoid the reporting of the transaction on Form 8300. Www irs gov e pay Cash may include a cashier's check even if it is called a “treasurer's check” or “bank check. Www irs gov e pay ” Cash does not include a check drawn on an individual's personal account. Www irs gov e pay A cashier's check, bank draft, traveler's check, or money order with a face amount of more than $10,000 is not treated as cash. Www irs gov e pay These items are not defined as cash and you do not have to file Form 8300 when you receive them because, if they were bought with currency, the bank or other financial institution that issued them must file a report on FinCEN Form 104. Www irs gov e pay Example 1. Www irs gov e pay You are a coin dealer. Www irs gov e pay Bob Green buys gold coins from you for $13,200. Www irs gov e pay He pays for them with $6,200 in U. Www irs gov e pay S. Www irs gov e pay currency and a cashier's check having a face amount of $7,000. Www irs gov e pay The cashier's check is treated as cash. Www irs gov e pay You have received more than $10,000 cash and must file Form 8300 for this transaction. Www irs gov e pay Example 2. Www irs gov e pay You are a retail jeweler. Www irs gov e pay Mary North buys an item of jewelry from you for $12,000. Www irs gov e pay She pays for it with a personal check payable to you in the amount of $9,600 and traveler's checks totaling $2,400. Www irs gov e pay Because the personal check is not treated as cash, you have not received more than $10,000 cash in the transaction. Www irs gov e pay You do not have to file Form 8300. Www irs gov e pay Example 3. Www irs gov e pay You are a boat dealer. Www irs gov e pay Emily Jones buys a boat from you for $16,500. Www irs gov e pay She pays for it with a cashier's check payable to you in the amount of $16,500. Www irs gov e pay The cashier's check is not treated as cash because its face amount is more than $10,000. Www irs gov e pay You do not have to file Form 8300 for this transaction. Www irs gov e pay Designated Reporting Transaction A designated reporting transaction is the retail sale of any of the following: A consumer durable, such as an automobile or boat. Www irs gov e pay A consumer durable is property, other than land or buildings, that: Is suitable for personal use, Can reasonably be expected to last at least 1 year under ordinary use, Has a sales price of more than $10,000, and Can be seen or touched (tangible property). Www irs gov e pay For example, a $20,000 car is a consumer durable, but a $20,000 dump truck or factory machine is not. Www irs gov e pay The car is a consumer durable even if you sell it to a buyer who will use it in a business. Www irs gov e pay A collectible (for example, a work of art, rug, antique, metal, gem, stamp, or coin). Www irs gov e pay Travel or entertainment, if the total sales price of all items sold for the same trip or entertainment event in one transaction (or related transactions) is more than $10,000. Www irs gov e pay To figure the total sales price of all items sold for a trip or entertainment event, you include the sales price of items such as airfare, hotel rooms, and admission tickets. Www irs gov e pay Example. Www irs gov e pay You are a travel agent. Www irs gov e pay Ed Johnson asks you to charter a passenger airplane to take a group to a sports event in another city. Www irs gov e pay He also asks you to book hotel rooms and admission tickets for the group. Www irs gov e pay In payment, he gives you two money orders, each for $6,000. Www irs gov e pay You have received more than $10,000 cash in this designated reporting transaction. Www irs gov e pay You must file Form 8300. Www irs gov e pay Retail sale. Www irs gov e pay   The term “retail sale” means any sale made in the course of a trade or business that consists mainly of making sales to ultimate consumers. Www irs gov e pay   Thus, if your business consists mainly of making sales to ultimate consumers, all sales you make in the course of that business are retail sales. Www irs gov e pay This includes any sales of items that will be resold. Www irs gov e pay Broker or intermediary. Www irs gov e pay   A designated reporting transaction includes the retail sale of items (1), (2), or (3) of the preceding list, even if the funds are received by a broker or other intermediary, rather than directly by the seller. Www irs gov e pay Exceptions to Definition of Cash A cashier's check, bank draft, traveler's check, or money order you received in a designated reporting transaction is not treated as cash if one of the following exceptions applies. Www irs gov e pay Exception for certain bank loans. Www irs gov e pay   A cashier's check, bank draft, traveler's check, or money order is not treated as cash if it is the proceeds from a bank loan. Www irs gov e pay As proof that it is from a bank loan, you may rely on a copy of the loan document, a written statement or lien instruction from the bank, or similar proof. Www irs gov e pay Example. Www irs gov e pay You are a car dealer. Www irs gov e pay Mandy White buys a new car from you for $11,500. Www irs gov e pay She pays you with $2,000 of U. Www irs gov e pay S. Www irs gov e pay currency and a cashier's check for $9,500 payable to you and her. Www irs gov e pay You can tell that the cashier's check is the proceeds of a bank loan because it includes instructions to you to have a lien put on the car as security for the loan. Www irs gov e pay For this reason, the cashier's check is not treated as cash. Www irs gov e pay You do not have to file Form 8300 for the transaction. Www irs gov e pay Exception for certain installment sales. Www irs gov e pay   A cashier's check, bank draft, traveler's check, or money order is not treated as cash if it is received in payment on a promissory note or an installment sales contract (including a lease that is considered a sale for federal tax purposes). Www irs gov e pay However, this exception applies only if: You use similar notes or contracts in other sales to ultimate consumers in the ordinary course of your trade or business, and The total payments for the sale that you receive on or before the 60th day after the sale are 50% or less of the purchase price. Www irs gov e pay Exception for certain down payment plans. Www irs gov e pay   A cashier's check, bank draft, traveler's check, or money order is not treated as cash if you received it in payment for a consumer durable or collectible, and all three of the following statements are true. Www irs gov e pay You receive it under a payment plan requiring: One or more down payments, and Payment of the rest of the purchase price by the date of sale. Www irs gov e pay You receive it more than 60 days before the date of sale. Www irs gov e pay You use payment plans with the same or substantially similar terms when selling to ultimate consumers in the ordinary course of your trade or business. Www irs gov e pay Exception for travel and entertainment. Www irs gov e pay   A cashier's check, bank draft, traveler's check, or money order received for travel or entertainment is not treated as cash if all three of the following statements are true. Www irs gov e pay You receive it under a payment plan requiring: One or more down payments, and Payment of the rest of the purchase price by the earliest date that any travel or entertainment item (such as airfare) is furnished for the trip or entertainment event. Www irs gov e pay You receive it more than 60 days before the date on which the final payment is due. Www irs gov e pay You use payment plans with the same or substantially similar terms when selling to ultimate consumers in the ordinary course of your trade or business. Www irs gov e pay Taxpayer Identification Number (TIN) You must furnish the correct TIN of the person or persons from whom you receive the cash. Www irs gov e pay If the transaction is conducted on the behalf of another person or persons, you must furnish the TIN of that person or persons. Www irs gov e pay If you do not know a person's TIN, you have to ask for it. Www irs gov e pay You may be subject to penalties for an incorrect or missing TIN. Www irs gov e pay There are three types of TINs. Www irs gov e pay The TIN for an individual, including a sole proprietor, is the individual's social security number (SSN). Www irs gov e pay The TIN for a nonresident alien individual who needs a TIN but is not eligible to get an SSN is an IRS individual taxpayer identification number (ITIN). Www irs gov e pay An ITIN has nine digits, similar to an SSN. Www irs gov e pay The TIN for other persons, including corporations, partnerships, and estates, is the employer identification number (EIN). Www irs gov e pay Exception. Www irs gov e pay   You are not required to provide the TIN of a person who is a nonresident alien individual or a foreign organization if that person or foreign organization: Does not have income effectively connected with the conduct of a U. Www irs gov e pay S. Www irs gov e pay trade or business; Does not have an office or place of business, or a fiscal or paying agent in the United States; Does not file a federal tax return; Does not furnish a withholding certificate described in §1. Www irs gov e pay 1441-1(e)(2) or (3) or 1. Www irs gov e pay 1441-5(c)(2)(iv) or (3)(iii) to the extent required under 1. Www irs gov e pay 1441-1(e)(4)(vii); Does not have to furnish a TIN on any return, statement, or other document as required by the income tax regulations under section 897 or 1445; or In the case of a nonresident alien individual, the individual has not chosen to file a joint federal income tax return with a spouse who is a U. Www irs gov e pay S. Www irs gov e pay citizen or resident. Www irs gov e pay What Is a Related Transaction? Any transactions between a buyer (or an agent of the buyer) and a seller that occur within a 24-hour period are related transactions. Www irs gov e pay If you receive over $10,000 in cash during two or more transactions with one buyer in a 24-hour period, you must treat the transactions as one transaction and report the payments on Form 8300. Www irs gov e pay For example, if you sell two products for $6,000 each to the same customer in 1 day and the customer pays you in cash, these are related transactions. Www irs gov e pay Because they total $12,000 (more than $10,000), you must file Form 8300. Www irs gov e pay More than 24 hours between transactions. Www irs gov e pay   Transactions are related even if they are more than 24 hours apart if you know, or have reason to know, that each is one of a series of connected transactions. Www irs gov e pay   For example, you are a travel agent. Www irs gov e pay A client pays you $8,000 in cash for a trip. Www irs gov e pay Two days later, the same client pays you $3,000 more in cash to include another person on the trip. Www irs gov e pay These are related transactions, and you must file Form 8300 to report them. Www irs gov e pay What About Suspicious Transactions? If you receive $10,000 or less in cash, you may voluntarily file Form 8300 if the transaction appears to be suspicious. Www irs gov e pay A transaction is suspicious if it appears that a person is trying to cause you not to file Form 8300 or is trying to cause you to file a false or incomplete Form 8300, or if there is a sign of possible illegal activity. Www irs gov e pay If you are suspicious, you are encouraged to call the local IRS Criminal Investigation Division as soon as possible. Www irs gov e pay Or, you can call the FinCEN Financial Institution Hotline toll free at 1-866-556-3974. Www irs gov e pay When, Where, and What To File The amount you receive and when you receive it determine when you must file. Www irs gov e pay Generally, you must file Form 8300 within 15 days after receiving a payment. Www irs gov e pay If the Form 8300 due date (the 15th or last day you can timely file the form) falls on a Saturday, Sunday, or legal holiday, it is delayed until the next day that is not a Saturday, Sunday, or legal holiday. Www irs gov e pay More than one payment. Www irs gov e pay   In some transactions, the buyer may arrange to pay you in cash installment payments. Www irs gov e pay If the first payment is more than $10,000, you must file Form 8300 within 15 days. Www irs gov e pay If the first payment is not more than $10,000, you must add the first payment and any later payments made within 1 year of the first payment. Www irs gov e pay When the total cash payments are more than $10,000, you must file Form 8300 within 15 days. Www irs gov e pay   After you file Form 8300, you must start a new count of cash payments received from that buyer. Www irs gov e pay If you receive more than $10,000 in additional cash payments from that buyer within a 12-month period, you must file another Form 8300. Www irs gov e pay You must file the form within 15 days of the payment that causes the additional payments to total more than $10,000. Www irs gov e pay   If you are already required to file Form 8300 and you receive additional payments within the 15 days before you must file, you can report all the payments on one form. Www irs gov e pay Example. Www irs gov e pay On January 10, you receive a cash payment of $11,000. Www irs gov e pay You receive additional cash payments on the same transaction of $4,000 on February 15, $5,000 on March 20, and $6,000 on May 12. Www irs gov e pay By January 25, you must file a Form 8300 for the $11,000 payment. Www irs gov e pay By May 27, you must file an additional Form 8300 for the additional payments that total $15,000. Www irs gov e pay Amending a Report?   If you are amending a report, check box 1a at the top of Form 8300. Www irs gov e pay Complete the form in its entirety (Parts I-IV) and include the amended information. Www irs gov e pay Do not attach a copy of the original report. Www irs gov e pay Where to file. Www irs gov e pay   Mail the form to the address given in the Form 8300 instructions. Www irs gov e pay Required statement to buyer. Www irs gov e pay   You must give a written or electronic statement to each person named on any Form 8300 you must file. Www irs gov e pay You can give the statement electronically only if the recipient agrees to receive it in that format. Www irs gov e pay The statement must show the name and address of your business, the name and phone number of a contact person, and the total amount of reportable cash you received from the person during the year. Www irs gov e pay It must state that you are also reporting this information to the IRS. Www irs gov e pay   You must send this statement to the buyer by January 31 of the year after the year in which you received the cash that caused you to file the form. Www irs gov e pay    You must keep a copy of every Form 8300 you file for 5 years. Www irs gov e pay Examples Example 1. Www irs gov e pay Pat Brown is the sales manager for Small Town Cars. Www irs gov e pay On January 6, 2009, Jane Smith buys a new car from Pat and pays $18,000 in cash. Www irs gov e pay Pat asks for identification from Jane to get the necessary information to complete Form 8300. Www irs gov e pay A filled-in form is shown in this publication. Www irs gov e pay Pat must mail the form to the address shown in the form's instructions by January 21, 2009. Www irs gov e pay He must also send a statement to Jane by January 31, 2010. Www irs gov e pay Example 2. Www irs gov e pay Using the same facts given in Example 1, suppose Jane had arranged to make cash payments of $6,000 each on January 6, February 6, and March 6. Www irs gov e pay Pat would have to file a Form 8300 by February 26 (17 days after receiving total cash payments within 1 year over $10,000 because February 21, 2009, is a Saturday). Www irs gov e pay Pat would not have to report the remaining $6,000 cash payment because it is not more than $10,000. Www irs gov e pay However, he could report it if he felt it was a suspicious transaction. Www irs gov e pay Penalties There are civil penalties for failure to: File a correct Form 8300 by the date it is due, and Provide the required statement to those named in the Form 8300. Www irs gov e pay If you intentionally disregard the requirement to file a correct Form 8300 by the date it is due, the penalty is the greater of: $25,000, or The amount of cash you received and were required to report (up to $100,000). Www irs gov e pay There are criminal penalties for: Willful failure to file Form 8300, Willfully filing a false or fraudulent Form 8300, Stopping or trying to stop Form 8300 from being filed, and Setting up, helping to set up, or trying to set up a transaction in a way that would make it seem unnecessary to file Form 8300. Www irs gov e pay If you willfully fail to file Form 8300, you can be fined up to $250,000 for individuals ($500,000 for corporations) or sentenced to up to 5 years in prison, or both. Www irs gov e pay These dollar amounts are based on Section 3571 of Title 18 of the U. Www irs gov e pay S. Www irs gov e pay Code. Www irs gov e pay The penalties for failure to file may also apply to any person (including a payer) who attempts to interfere with or prevent the seller (or business) from filing a correct Form 8300. Www irs gov e pay This includes any attempt to structure the transaction in a way that would make it seem unnecessary to file Form 8300. Www irs gov e pay Structuring means breaking up a large cash transaction into small cash transactions. Www irs gov e pay How To Get Tax Help You can get help with unresolved tax issues, order free publications and forms, ask tax questions, and get information from the IRS in several ways. Www irs gov e pay By selecting the method that is best for you, you will have quick and easy access to tax help. Www irs gov e pay Free help with your return. Www irs gov e pay   Free help in preparing your return is available nationwide from IRS-certified volunteers. Www irs gov e pay The Volunteer Income Tax Assistance (VITA) program is designed to help low-moderate income taxpayers and the Tax Counseling for the Elderly (TCE) program is designed to assist taxpayers age 60 and older with their tax returns. Www irs gov e pay Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. Www irs gov e pay To find the nearest VITA or TCE site, visit IRS. Www irs gov e pay gov or call 1-800-906-9887 or 1-800-829-1040. Www irs gov e pay   As part of the TCE program, AARP offers the Tax-Aide counseling program. Www irs gov e pay To find the nearest AARP Tax-Aide site, call 1-888-227-7669 or visit AARP's website at www. Www irs gov e pay aarp. Www irs gov e pay org/money/taxaide. Www irs gov e pay   For more information on these programs, go to IRS. Www irs gov e pay gov and enter keyword “VITA” in the upper right-hand corner. Www irs gov e pay Internet. Www irs gov e pay You can access the IRS website at IRS. Www irs gov e pay gov 24 hours a day, 7 days a week to: Check the status of your 2011 refund. Www irs gov e pay Go to IRS. Www irs gov e pay gov and click on Where's My Refund. Www irs gov e pay Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. Www irs gov e pay If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Www irs gov e pay Have your 2011 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. Www irs gov e pay E-file your return. Www irs gov e pay Find out about commercial tax preparation and e-file services available free to eligible taxpayers. Www irs gov e pay Download forms, including talking tax forms, instructions, and publications. Www irs gov e pay Order IRS products online. Www irs gov e pay Research your tax questions online. Www irs gov e pay Search publications online by topic or keyword. Www irs gov e pay Use the online Internal Revenue Code, regulations, or other official guidance. Www irs gov e pay View Internal Revenue Bulletins (IRBs) published in the last few years. Www irs gov e pay Figure your withholding allowances using the withholding calculator online at  www. Www irs gov e pay irs. Www irs gov e pay gov/individuals. Www irs gov e pay Determine if Form 6251 must be filed by using our Alternative Minimum Tax (AMT) Assistant available online at  www. Www irs gov e pay irs. Www irs gov e pay gov/individuals. Www irs gov e pay Sign up to receive local and national tax news by email. Www irs gov e pay Get information on starting and operating a small business. Www irs gov e pay Phone. Www irs gov e pay Many services are available by phone. Www irs gov e pay   Ordering forms, instructions, and publications. Www irs gov e pay Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions, and publications, and prior-year forms and instructions. Www irs gov e pay You should receive your order within 10 days. Www irs gov e pay Asking tax questions. Www irs gov e pay Call the IRS with your tax questions at 1-800-829-1040. Www irs gov e pay Solving problems. Www irs gov e pay You can get face-to-face help solving tax problems every business day in IRS Taxpayer Assistance Centers. Www irs gov e pay An employee can explain IRS letters, request adjustments to your account, or help you set up a payment plan. Www irs gov e pay Call your local Taxpayer Assistance Center for an appointment. Www irs gov e pay To find the number, go to www. Www irs gov e pay irs. Www irs gov e pay gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service. Www irs gov e pay TTY/TDD equipment. Www irs gov e pay If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax questions or to order forms and publications. Www irs gov e pay TeleTax topics. Www irs gov e pay Call 1-800-829-4477 to listen to pre-recorded messages covering various tax topics. Www irs gov e pay Refund information. Www irs gov e pay You can check the status of your refund on the new IRS phone app. Www irs gov e pay Download the free IRS2Go app by visiting the iTunes app store or the Android Marketplace. Www irs gov e pay IRS2Go is a new way to provide you with information and tools. Www irs gov e pay To check the status of your refund by phone, call 1-800-829-4477 (automated refund information 24 hours a day, 7 days a week). Www irs gov e pay Wait at least 72 hours after the IRS acknowledges receipt of your e-filed return, or 3 to 4 weeks after mailing a paper return. Www irs gov e pay If you filed Form 8379 with your return, wait 14 weeks (11 weeks if you filed electronically). Www irs gov e pay Have your 2011 tax return available so you can provide your social security number, your filing status, and the exact whole dollar amount of your refund. Www irs gov e pay If you check the status of your refund and are not given the date it will be issued, please wait until the next week before checking back. Www irs gov e pay Other refund information. Www irs gov e pay To check the status of a prior-year refund or amended return refund, call 1-800-829-1040. Www irs gov e pay Evaluating the quality of our telephone services. Www irs gov e pay To ensure IRS representatives give accurate, courteous, and professional answers, we use several methods to evaluate the quality of our telephone services. Www irs gov e pay One method is for a second IRS representative to listen in on or record random telephone calls. Www irs gov e pay Another is to ask some callers to complete a short survey at the end of the call. Www irs gov e pay Walk-in. Www irs gov e pay Many products and services are available on a walk-in basis. Www irs gov e pay   Products. Www irs gov e pay You can walk in to many post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Www irs gov e pay Some IRS offices, libraries, grocery stores, copy centers, city and county government offices, credit unions, and office supply stores have a collection of products available to print from a CD or photocopy from reproducible proofs. Www irs gov e pay Also, some IRS offices and libraries have the Internal Revenue Code, regulations, Internal Revenue Bulletins, and Cumulative Bulletins available for research purposes. Www irs gov e pay Services. Www irs gov e pay You can walk in to your local Taxpayer Assistance Center every business day for personal, face-to-face tax help. Www irs gov e pay An employee can explain IRS letters, request adjustments to your tax account, or help you set up a payment plan. Www irs gov e pay If you need to resolve a tax problem, have questions about how the tax law applies to your individual tax return, or you are more comfortable talking with someone in person, visit your local Taxpayer Assistance Center where you can spread out your records and talk with an IRS representative face-to-face. Www irs gov e pay No appointment is necessary—just walk in. Www irs gov e pay If you prefer, you can call your local Center and leave a message requesting an appointment to resolve a tax account issue. Www irs gov e pay A representative will call you back within 2 business days to schedule an in-person appointment at your convenience. Www irs gov e pay If you have an ongoing, complex tax account problem or a special need, such as a disability, an appointment can be requested. Www irs gov e pay All other issues will be handled without an appointment. Www irs gov e pay To find the number of your local office, go to www. Www irs gov e pay irs. Www irs gov e pay gov/localcontacts or look in the phone book under United States Government, Internal Revenue Service. Www irs gov e pay Mail. Www irs gov e pay You can send your order for forms, instructions, and publications to the address below. Www irs gov e pay You should receive a response within 10 days after your request is received. Www irs gov e pay  Internal Revenue Service 1201 N. Www irs gov e pay Mitsubishi Motorway Bloomington, IL 61705-6613 Taxpayer Advocate Service. Www irs gov e pay   The Taxpayer Advocate Service (TAS) is your voice at the IRS. Www irs gov e pay Our job is to ensure that every taxpayer is treated fairly, and that you know and understand your rights. Www irs gov e pay We offer free help to guide you through the often-confusing process of resolving tax problems that you haven’t been able to solve on your own. Www irs gov e pay Remember, the worst thing you can do is nothing at all. Www irs gov e pay   TAS can help if you can’t resolve your problem with the IRS and: Your problem is causing financial difficulties for you, your family, or your business. Www irs gov e pay You face (or your business is facing) an immediate threat of adverse action. Www irs gov e pay You have tried repeatedly to contact the IRS but no one has responded, or the IRS has not responded to you by the date promised. Www irs gov e pay   If you qualify for our help, we’ll do everything we can to get your problem resolved. Www irs gov e pay You will be assigned to one advocate who will be with you at every turn. Www irs gov e pay We have offices in every state, the District of Columbia, and Puerto Rico. Www irs gov e pay Although TAS is independent within the IRS, our advocates know how to work with the IRS to get your problems resolved. Www irs gov e pay And our services are always free. Www irs gov e pay   As a taxpayer, you have rights that the IRS must abide by in its dealings with you. Www irs gov e pay Our tax toolkit at www. Www irs gov e pay TaxpayerAdvocate. Www irs gov e pay irs. Www irs gov e pay gov can help you understand these rights. Www irs gov e pay   If you think TAS might be able to help you, call your local advocate, whose number is in your phone book and on our website at www. Www irs gov e pay irs. Www irs gov e pay gov/advocate. Www irs gov e pay You can also call our toll-free number at 1-877-777-4778. Www irs gov e pay   TAS also handles large-scale or systemic problems that affect many taxpayers. Www irs gov e pay If you know of one of these broad issues, please report it to us through our Systemic Advocacy Management System at www. Www irs gov e pay irs. Www irs gov e pay gov/advocate. Www irs gov e pay Low Income Taxpayer Clinics (LITCs). Www irs gov e pay   Low Income Taxpayer Clinics (LITCs) are independent from the IRS. Www irs gov e pay Some clinics serve individuals whose income is below a certain level and who need to resolve a tax problem. Www irs gov e pay These clinics provide professional representation before the IRS or in court on audits, appeals, tax collection disputes, and other issues for free or for a small fee. Www irs gov e pay Some clinics can provide information about taxpayer rights and responsibilities in many different languages for individuals who speak English as a second language. Www irs gov e pay For more information and to find a clinic near you, see the LITC page on www. Www irs gov e pay irs. Www irs gov e pay gov/advocate or IRS Publication 4134, Low Income Taxpayer Clinic List. Www irs gov e pay This publication is also available by calling 1-800-829-3676 or at your local IRS office. Www irs gov e pay Free tax services. Www irs gov e pay   Publication 910, IRS Guide to Free Tax Services, is your guide to IRS services and resources. Www irs gov e pay Learn about free tax information from the IRS, including publications, services, and education and assistance programs. Www irs gov e pay The publication also has an index of over 100 TeleTax topics (recorded tax information) you can listen to on the telephone. Www irs gov e pay The majority of the information and services listed in this publication are available to you free of charge. Www irs gov e pay If there is a fee associated with a resource or service, it is listed in the publication. Www irs gov e pay   Accessible versions of IRS published products are available on request in a variety of alternative formats for people with disabilities. Www irs gov e pay DVD for tax products. Www irs gov e pay You can order Publication 1796, IRS Tax Products DVD, and obtain: Current-year forms, instructions, and publications. Www irs gov e pay Prior-year forms, instructions, and publications. Www irs gov e pay Tax Map: an electronic research tool and finding aid. Www irs gov e pay Tax law frequently asked questions. Www irs gov e pay Tax Topics from the IRS telephone response system. Www irs gov e pay Internal Revenue Code—Title 26 of the U. Www irs gov e pay S. Www irs gov e pay Code. Www irs gov e pay Links to other Internet based Tax Research Materials. Www irs gov e pay Fill-in, print, and save features for most tax forms. Www irs gov e pay Internal Revenue Bulletins. Www irs gov e pay Toll-free and email technical support. Www irs gov e pay Two releases during the year. Www irs gov e pay  – The first release will ship the beginning of January. Www irs gov e pay  – The final release will ship the beginning of March. Www irs gov e pay Purchase the DVD from National Technical Information Service (NTIS) at www. Www irs gov e pay irs. Www irs gov e pay gov/cdorders for $30 (no handling fee) or call 1-877-233-6767 toll free to buy the DVD for $30 (plus a $6 handling fee). 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Www irs gov e pay 7. Www irs gov e pay   Filing Information Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: What, When, and Where To FileResident Aliens Nonresident Aliens Amended Returns and Claims for Refund Other Forms You May Have To File PenaltiesCivil Penalties Criminal Penalties Introduction This chapter provides the basic filing information that you may need. Www irs gov e pay Topics - This chapter discusses: Forms aliens must file, When and where to file, Penalties, and Amended returns and claims for refund. Www irs gov e pay Useful Items - You may want to see: Forms (and Instructions) 1040 U. Www irs gov e pay S. Www irs gov e pay Individual Income Tax Return 1040A U. Www irs gov e pay S. Www irs gov e pay Individual Income Tax Return 1040EZ Income Tax Return for Single and Joint Filers With No Dependents 1040NR U. Www irs gov e pay S. Www irs gov e pay Nonresident Alien Income Tax Return 1040NR-EZ U. Www irs gov e pay S. Www irs gov e pay Income Tax Return for Certain Nonresident Aliens With No Dependents See chapter 12 for information about getting these forms. Www irs gov e pay What, When, and Where To File What return you must file as well as when and where you file that return, depends on your status at the end of the tax year as a resident or a nonresident alien. Www irs gov e pay Resident Aliens Resident aliens should file Form 1040EZ, 1040A, or 1040 at the address shown in the instructions for that form. Www irs gov e pay The due date for filing the return and paying any tax due is April 15 of the year following the year for which you are filing a return (but see the Tip, later). Www irs gov e pay Under U. Www irs gov e pay S. Www irs gov e pay immigration law, a lawful permanent resident who is required to file a tax return as a resident and fails to do so may be regarded as having abandoned status and may lose permanent resident status. Www irs gov e pay Extensions of time to file. Www irs gov e pay   You are allowed an automatic extension to June 15 to file if your main place of business and the home you live in are outside the United States and Puerto Rico on April 15. Www irs gov e pay You can get an extension of time to October 15 to file your return if you get an extension by April 15 (June 15 if you qualify for the June 15 extension). Www irs gov e pay Use Form 4868 to get the extension to October 15. Www irs gov e pay In addition to this 6-month extension, taxpayers who are out of the country (as defined in the Form 4868 instructions) can request a discretionary 2-month additional extension of time to file their returns (to December 15 for calendar year taxpayers). Www irs gov e pay To request this extension, you must send the IRS a letter explaining the reasons why you need the additional 2 months. Www irs gov e pay Send the letter by the extended due date (October 15 for calendar year taxpayers) to the following address:  Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215   You will not receive any notification from the IRS unless your request is denied for being untimely. Www irs gov e pay   The discretionary 2-month additional extension is not available to taxpayers who have an approved extension of time to file on Form 2350 (for U. Www irs gov e pay S. Www irs gov e pay citizens and resident aliens abroad who expect to qualify for special tax treatment). Www irs gov e pay    If the due date for filing falls on a Saturday, Sunday, or legal holiday, the due date is the next day which is not a Saturday, Sunday, or legal holiday. Www irs gov e pay You may be able to file your return electronically. Www irs gov e pay See IRS e-file in your form instructions. Www irs gov e pay Nonresident Aliens Nonresident aliens who are required to file an income tax return should use Form 1040NR or, if qualified, Form 1040NR-EZ. Www irs gov e pay If you are any of the following, you must file a return. Www irs gov e pay A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during 2013. Www irs gov e pay (But see Exceptions , later. Www irs gov e pay ) You must file even if: Your income did not come from a trade or business conducted in the United States, You have no income from U. Www irs gov e pay S. Www irs gov e pay sources, or Your income is exempt from income tax. Www irs gov e pay A nonresident alien individual not engaged in a trade or business in the United States with U. Www irs gov e pay S. Www irs gov e pay income on which the tax liability was not satisfied by the withholding of tax at the source. Www irs gov e pay A representative or agent responsible for filing the return of an individual described in (1) or (2). Www irs gov e pay A fiduciary for a nonresident alien estate or trust. Www irs gov e pay You must also file if you want to: Claim a refund of overwithheld or overpaid tax, or Claim the benefit of any deductions or credits. Www irs gov e pay For example, if you have no U. Www irs gov e pay S. Www irs gov e pay business activities but have income from real property that you choose to treat as effectively connected income (discussed in chapter 4), you must timely file a true and accurate return to take any allowable deductions against that income. Www irs gov e pay For information on what is timely, see When to file for deductions and credits under When To File, later. Www irs gov e pay Exceptions. Www irs gov e pay   You do not need to file Form 1040NR or Form 1040NR-EZ if you meet either of the following conditions. Www irs gov e pay Your only U. Www irs gov e pay S. Www irs gov e pay trade or business was the performance of personal services, and Your wages were less than $3,900, and You have no other need to file a return to claim a refund of overwithheld taxes, to satisfy additional withholding at source, or to claim income exempt or partly exempt by treaty. Www irs gov e pay You were a nonresident alien student, teacher, or trainee who was temporarily present in the United States under an “F,” “J,” “M,” or “Q” visa and you have no income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Www irs gov e pay Even if you have left the United States and filed a Form 1040-C, U. Www irs gov e pay S. Www irs gov e pay Departing Alien Income Tax Return, on departure, you still must file an annual U. Www irs gov e pay S. Www irs gov e pay income tax return. Www irs gov e pay If you are married and both you and your spouse are required to file, you must each file a separate return. Www irs gov e pay Form 1040NR-EZ You can use Form 1040NR-EZ if all of the following conditions are met. Www irs gov e pay You do not claim any dependents. Www irs gov e pay You cannot be claimed as a dependent on someone else's U. Www irs gov e pay S. Www irs gov e pay tax return. Www irs gov e pay If you were married, you do not claim an exemption for your spouse. Www irs gov e pay Your taxable income is less than $100,000. Www irs gov e pay The only itemized deduction you can claim is for state and local income taxes. Www irs gov e pay Note. Www irs gov e pay Residents of India who were students or business apprentices may be able to take the standard deduction instead of the itemized deduction for state and local income taxes. Www irs gov e pay See chapter 5. Www irs gov e pay Your only U. Www irs gov e pay S. Www irs gov e pay source income is from wages, salaries, tips, taxable refunds of state and local income taxes, scholarship or fellowship grants, and nontaxable interest or dividends. Www irs gov e pay (If you had taxable interest or dividend income, you cannot use this form. Www irs gov e pay ) You are not claiming any adjustments to income other than the student loan interest deduction or scholarship and fellowship grants excluded. Www irs gov e pay You are not claiming any tax credits. Www irs gov e pay This is not an “expatriation return. Www irs gov e pay ” See Expatriation Tax in chapter 4. Www irs gov e pay The only taxes you owe are: The income tax from the Tax Table. Www irs gov e pay The social security and Medicare tax from Form 4137 or Form 8919. Www irs gov e pay You are not claiming a credit for excess social security and tier 1 RRTA tax withheld. Www irs gov e pay You are not filing Form 8959, to figure the amount of Additional Medicare Tax you owe and/or the amount of Additional Medicare Tax withheld by your employer, if any. Www irs gov e pay If you do not meet all of the above conditions, you must file Form 1040NR. Www irs gov e pay When To File If you are an employee and you receive wages subject to U. Www irs gov e pay S. Www irs gov e pay income tax withholding, you will generally file by the 15th day of the 4th month after your tax year ends. Www irs gov e pay For the 2013 calendar year, file your return by April 15, 2014. Www irs gov e pay If you are not an employee who receives wages subject to U. Www irs gov e pay S. Www irs gov e pay income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. Www irs gov e pay For the 2013 calendar year, file your return by June 16, 2014 (because June 15 is a Sunday. Www irs gov e pay ) Extensions of time to file. Www irs gov e pay   If you cannot file your return by the due date, file Form 4868 or use one of the electronic filing options explained in the Form 4868 instructions. Www irs gov e pay For the 2013 calendar year, this will extend the due date to October 15, 2014 (December 15, 2014, if the regular due date of your return is June 16, 2014). Www irs gov e pay You must file the extension by the regular due date of your return. Www irs gov e pay   In addition to the 6-month extension to October 15, taxpayers whose main place of business is outside the United States and Puerto Rico and who live outside those jurisdictions can request a discretionary 2-month extension of time to file their returns (to December 15 for calendar year taxpayers). Www irs gov e pay To request this extension, you must send the IRS a letter explaining the reasons why you need the additional 2 months. Www irs gov e pay Send the letter by the extended due date (October 15 for calendar year taxpayers) to the following address: Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215   You will not receive any notification from the IRS unless your request is denied for being untimely. Www irs gov e pay When to file for deductions and credits. Www irs gov e pay   To get the benefit of any allowable deductions or credits, you must timely file a true and accurate return. Www irs gov e pay For this purpose, a return is timely if it is filed within 16 months of the due date just discussed. Www irs gov e pay However, if you did not file a 2012 tax return and 2013 is not the first year for which you are required to file one, your 2013 return is timely for this purpose if it is filed by the earlier of: The date that is 16 months after the due date for filing your 2013 return, or The date the IRS notifies you that your 2013 return has not been filed and that you cannot claim certain deductions and credits. Www irs gov e pay The allowance of the following credits is not affected by this time requirement. Www irs gov e pay Credit for withheld taxes. Www irs gov e pay Credit for excise tax on certain uses of gasoline and special fuels. Www irs gov e pay Credit for tax paid by a mutual fund (or other regulated investment company) or a real estate investment trust on undistributed long-term capital gains. Www irs gov e pay Protective return. Www irs gov e pay   If your activities in the United States were limited and you do not believe that you had any gross income effectively connected with a U. Www irs gov e pay S. Www irs gov e pay trade or business during the year, you can file a protective return (Form 1040NR) by the deadline explained above. Www irs gov e pay By filing a protective return, you protect your right to receive the benefit of deductions and credits in the event it is later determined that some or all of your income is effectively connected. Www irs gov e pay You are not required to report any effectively connected income or any deductions on the protective return, but you must give the reason the return is being filed. Www irs gov e pay   If you believe some of your activities resulted in effectively connected income, file your return reporting that income and related deductions by the regular due date. Www irs gov e pay To protect your right to claim deductions or credits resulting from other activities, attach a statement to that return explaining that you wish to protect your right to claim deductions and credits if it is later determined that the other activities produced effectively connected income. Www irs gov e pay   You can follow the same procedure if you believe you have no U. Www irs gov e pay S. Www irs gov e pay tax liability because of a U. Www irs gov e pay S. Www irs gov e pay tax treaty. Www irs gov e pay Be sure to also complete item L on page 5 of Form 1040NR. Www irs gov e pay Waiver of filing deadline. Www irs gov e pay   The IRS may waive the filing deadline if you establish that, based on the facts and circumstances, you acted reasonably and in good faith in failing to file a U. Www irs gov e pay S. Www irs gov e pay income tax return (including a protective return) and you cooperate with the IRS in determining your U. Www irs gov e pay S. Www irs gov e pay income tax liability for the tax year for which you did not file a return. Www irs gov e pay Where To File If you are not enclosing a payment, file Form 1040NR-EZ and Form 1040NR at the following address. Www irs gov e pay  Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215 If enclosing a payment, mail your return to:  Internal Revenue Service  P. Www irs gov e pay O. Www irs gov e pay Box 1303 Charlotte, NC 28201-1303 Aliens from the U. Www irs gov e pay S. Www irs gov e pay Virgin Islands. Www irs gov e pay    If you are a bona fide resident of the U. Www irs gov e pay S. Www irs gov e pay Virgin Islands during your entire tax year and work temporarily in the United States, you must pay your income taxes to the U. Www irs gov e pay S. Www irs gov e pay Virgin Islands and file your income tax returns at the following address. Www irs gov e pay Virgin Islands Bureau of Internal Revenue 6115 Estate Smith Bay Suite 225 St. Www irs gov e pay Thomas, VI 00802   Report all income from U. Www irs gov e pay S. Www irs gov e pay sources, as well as income from other sources, on your return. Www irs gov e pay For information on filing U. Www irs gov e pay S. Www irs gov e pay Virgin Islands returns, contact the U. Www irs gov e pay S. Www irs gov e pay Virgin Islands Bureau of Internal Revenue. Www irs gov e pay   Chapter 8 discusses withholding from U. Www irs gov e pay S. Www irs gov e pay wages of U. Www irs gov e pay S. Www irs gov e pay Virgin Islanders. Www irs gov e pay Aliens from Guam or the Commonwealth of the Northern Mariana Islands. Www irs gov e pay   If you are a bona fide resident of Guam or the Commonwealth of the Northern Mariana Islands (CNMI) during your entire tax year, you must file your return with, and pay any tax due to, Guam or the CNMI. Www irs gov e pay Report all income, including income from U. Www irs gov e pay S. Www irs gov e pay sources, on your return. Www irs gov e pay It is not necessary to file a separate U. Www irs gov e pay S. Www irs gov e pay income tax return. Www irs gov e pay    Bona fide residents of Guam should file their Guam returns at the following address. Www irs gov e pay   Department of Revenue and Taxation Government of Guam P. Www irs gov e pay O. Www irs gov e pay Box 23607 GMF, GU 96921    Bona fide residents of the CNMI should file their CNMI income tax returns at the following address. Www irs gov e pay   Department of Finance Division of Revenue and Taxation Commonwealth of the Northern Mariana Islands P. Www irs gov e pay O. Www irs gov e pay Box 5234 CHRB Saipan, MP 96950   If you are not a bona fide resident of Guam or the CNMI, see Pub. Www irs gov e pay 570, Tax Guide for Individuals With Income From U. Www irs gov e pay S. Www irs gov e pay Possessions, for information on where to file your return. Www irs gov e pay Amended Returns and Claims for Refund If you find changes in your income, deductions, or credits after you mail your return, file Form 1040X, Amended U. Www irs gov e pay S. Www irs gov e pay Individual Income Tax Return. Www irs gov e pay Also use Form 1040X if you should have filed Form 1040, 1040A, or 1040EZ instead of Form 1040NR or 1040NR-EZ, or vice versa. Www irs gov e pay If you amend Form 1040NR or Form 1040NR-EZ or file the correct return, attach the corrected return (Form 1040, Form 1040NR, etc. Www irs gov e pay ) to Form 1040X. Www irs gov e pay Print “Amended” across the top. Www irs gov e pay Ordinarily, an amended return claiming a refund must be filed within 3 years from the date your return was filed or within 2 years from the time the tax was paid, whichever is later. Www irs gov e pay A return filed before the final due date is considered to have been filed on the due date. Www irs gov e pay Other Forms You May Have To File You may be required to file information returns to report certain foreign income or assets, or monetary transactions. Www irs gov e pay FinCen Form 105 FinCEN Form 105 (formerly Customs Form 4790), Report of International Transportation of Currency or Monetary Instruments, must be filed by each person who physically transports, mails, or ships, or causes to be physically transported, mailed, or shipped, currency or other monetary instruments in a total amount of more than $10,000 at one time from the United States to any place outside the United States, or into the United States from any place outside the United States. Www irs gov e pay The filing requirement also applies to each person who receives in the United States currency or monetary instruments totaling more than $10,000 at one time from any place outside of the United States. Www irs gov e pay The term “monetary instruments” means the following: Coin and currency of the United States or of any other country, Travelers' checks in any form, Investment securities or stock in bearer form or otherwise in such form that title to them passes upon delivery, Negotiable instruments (including checks, promissory notes, and money orders) in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title to them passes upon delivery, and Checks, promissory notes, and money orders which are signed but on which the name of the payee has been omitted. Www irs gov e pay However, the term does not include: Checks or money orders made payable to the order of a named person which have not been endorsed or which contain restrictive endorsements, Warehouse receipts, or Bills of lading. Www irs gov e pay A transfer of funds through normal banking procedures (wire transfer) that does not involve the physical transportation of currency or monetary instruments is not required to be reported on FinCEN Form 105. Www irs gov e pay Filing requirements. Www irs gov e pay   FinCEN Form 105 filing requirements follow. Www irs gov e pay Recipients. Www irs gov e pay   Each person who receives currency or other monetary instruments in the United States must file FinCEN Form 105 within 15 days after receipt, with the Customs officer in charge at any port of entry or departure, or by mail at the following address. Www irs gov e pay Commissioner of Customs  Attention: Currency Transportation Reports Washington, DC 20229 Shippers or mailers. Www irs gov e pay   If the currency or other monetary instrument does not accompany the person entering or departing the United States, FinCEN Form 105 can be filed by mail at the above address on or before the date of entry, departure, mailing, or shipping. Www irs gov e pay Travelers. Www irs gov e pay   Travelers must file FinCEN Form 105 with the Customs officer in charge at any Customs port of entry or departure, when entering or departing the United States. Www irs gov e pay Penalties. Www irs gov e pay   Civil and criminal penalties are provided for failing to file a report, filing a report containing material omissions or misstatements, or filing a false or fraudulent report. Www irs gov e pay Also, the entire amount of the currency or monetary instrument may be subject to seizure and forfeiture. Www irs gov e pay More information. Www irs gov e pay   More information regarding the filing of FinCEN Form 105 can be found in the instructions on the back of the form. Www irs gov e pay Form 8938 You may have to file Form 8938, Statement of Specified Foreign Financial Assets, to report the ownership of specified foreign financial asset(s) if you are one of the following individuals. Www irs gov e pay A resident alien of the United States for any part of the tax year. Www irs gov e pay A resident alien of the United States who elects to be treated as a resident of a foreign country under the provisions of a U. Www irs gov e pay S. Www irs gov e pay income tax treaty. Www irs gov e pay See Effect of Tax Treaties in chapter 1. Www irs gov e pay A nonresident alien who makes an election to be treated as a resident alien for purposes of filing a joint income tax return. Www irs gov e pay See chapter 1 for information about this election. Www irs gov e pay A nonresident alien who is a bona fide resident of American Samoa or Puerto Rico. Www irs gov e pay See Publication 570, Tax Guide for Individuals With Income From U. Www irs gov e pay S. Www irs gov e pay Possessions, for a definition of bona fide resident. Www irs gov e pay You must file Form 8938 if the total value of those assets exceeds an applicable threshold (the “reporting threshold”). Www irs gov e pay The reporting threshold varies depending on whether you live in the United States, are married, or file a joint income tax return with your spouse. Www irs gov e pay Specified foreign financial assets include any financial account maintained by a foreign financial institution and, to the extent held for investment, any stock, securities, or any other interest in a foreign entity and any financial instrument or contract with an issuer or counterparty that is not a U. Www irs gov e pay S. Www irs gov e pay person. Www irs gov e pay You may have to pay penalties if you are required to file Form 8938 and fail to do so, or if you have an understatement of tax due to any transaction involving an undisclosed foreign financial asset. Www irs gov e pay More information about the filing of Form 8938 can be found in the separate instructions for Form 8938. Www irs gov e pay Penalties The law provides penalties for failure to file returns or pay taxes as required. Www irs gov e pay Civil Penalties If you do not file your return and pay your tax by the due date, you may have to pay a penalty. Www irs gov e pay You may also have to pay a penalty if you substantially understate your tax, file a frivolous tax submission, or fail to supply your taxpayer identification number. Www irs gov e pay If you provide fraudulent information on your return, you may have to pay a civil fraud penalty. Www irs gov e pay Filing late. Www irs gov e pay   If you do not file your return by the due date (including extensions), you may have to pay a failure-to-file penalty. Www irs gov e pay The penalty is based on the tax not paid by the due date (without regard to extensions). Www irs gov e pay The penalty is usually 5% for each month or part of a month that a return is late, but not more than 25%. Www irs gov e pay Fraud. Www irs gov e pay   If your failure to file is due to fraud, the penalty is 15% for each month or part of a month that your return is late, up to a maximum of 75%. Www irs gov e pay Return over 60 days late. Www irs gov e pay   If you file your return more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100% of the unpaid tax. Www irs gov e pay Exception. Www irs gov e pay   You will not have to pay the penalty if you show that you failed to file on time because of reasonable cause and not because of willful neglect. Www irs gov e pay Paying tax late. Www irs gov e pay   You will have to pay a failure-to-pay penalty of ½ of 1% (. Www irs gov e pay 50%) of your unpaid taxes for each month, or part of a month, after the due date that the tax is not paid. Www irs gov e pay This penalty does not apply during the automatic 6-month extension of time to file period, if you paid at least 90% of your actual tax liability on or before the due date of your return and pay the balance when you file the return. Www irs gov e pay   The monthly rate of the failure-to-pay penalty is half the usual rate (. Www irs gov e pay 25% instead of . Www irs gov e pay 50%) if an installment agreement is in effect for that month. Www irs gov e pay You must have filed your return by the due date (including extensions) to qualify for this reduced penalty. Www irs gov e pay   If a notice of intent to levy is issued, the rate will increase to 1% at the start of the first month beginning at least 10 days after the day that the notice is issued. Www irs gov e pay If a notice and demand for immediate payment is issued, the rate will increase to 1% at the start of the first month beginning after the day that the notice and demand is issued. Www irs gov e pay   This penalty cannot be more than 25% of your unpaid tax. Www irs gov e pay You will not have to pay the penalty if you can show that you had a good reason for not paying your tax on time. Www irs gov e pay Combined penalties. Www irs gov e pay   If both the failure-to-file penalty and the failure-to-pay penalty (discussed earlier) apply in any month, the 5% (or 15%) failure-to-file penalty is reduced by the failure-to-pay penalty. Www irs gov e pay However, if you file your return more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100% of the unpaid tax. Www irs gov e pay Accuracy-related penalty. Www irs gov e pay   You may have to pay an accuracy-related penalty if you underpay your tax because: You show negligence or disregard of rules or regulations, You substantially understate your income tax, You claim tax benefits for a transaction that lacks economic substance, or You fail to disclose a foreign financial asset. Www irs gov e pay The penalty is equal to 20% of the underpayment. Www irs gov e pay The penalty is 40% of any portion of the underpayment that is attributable to an undisclosed noneconomic substance transaction or an undisclosed foreign financial asset transaction. Www irs gov e pay The penalty will not be figured on any part of an underpayment on which the fraud penalty (discussed later) is charged. Www irs gov e pay Negligence or disregard. Www irs gov e pay   The term “negligence” includes a failure to make a reasonable attempt to comply with the tax law or to exercise ordinary and reasonable care in preparing a return. Www irs gov e pay Negligence also includes failure to keep adequate books and records. Www irs gov e pay You will not have to pay a negligence penalty if you have a reasonable basis for a position you took. Www irs gov e pay   The term “disregard” includes any careless, reckless, or intentional disregard. Www irs gov e pay Adequate disclosure. Www irs gov e pay   You can avoid the penalty for disregard of rules or regulations if you adequately disclose on your return a position that has at least a reasonable basis. Www irs gov e pay See Disclosure statement , later. Www irs gov e pay   This exception will not apply to an item that is attributable to a tax shelter. Www irs gov e pay In addition, it will not apply if you fail to keep adequate books and records, or substantiate items properly. Www irs gov e pay Substantial understatement of income tax. Www irs gov e pay   You understate your tax if the tax shown on your return is less than the correct tax. Www irs gov e pay The understatement is substantial if it is more than the larger of 10% of the correct tax or $5,000. Www irs gov e pay However, the amount of the understatement is reduced to the extent the understatement is due to: Substantial authority, or Adequate disclosure and a reasonable basis. Www irs gov e pay   If an item on your return is attributable to a tax shelter, there is no reduction for an adequate disclosure. Www irs gov e pay However, there is a reduction for a position with substantial authority, but only if you reasonably believed that your tax treatment was more likely than not the proper treatment. Www irs gov e pay Substantial authority. Www irs gov e pay   Whether there is or was substantial authority for the tax treatment of an item depends on the facts and circumstances. Www irs gov e pay Consideration will be given to court opinions, Treasury regulations, revenue rulings, revenue procedures, and notices and announcements issued by the IRS and published in the Internal Revenue Bulletin that involve the same or similar circumstances as yours. Www irs gov e pay Disclosure statement. Www irs gov e pay   To adequately disclose the relevant facts about your tax treatment of an item, use Form 8275, Disclosure Statement. Www irs gov e pay You must also have a reasonable basis for treating the item the way you did. Www irs gov e pay   In cases of substantial understatement only, items that meet the requirements of Revenue Procedure 2012-51, 2012-51 IRB 719 (or later update) are considered adequately disclosed on your return without filing Form 8275. Www irs gov e pay   Use Form 8275-R, Regulation Disclosure Statement, to disclose items or positions contrary to regulations. Www irs gov e pay Transaction lacking economic substance. Www irs gov e pay   For more information on economic substance, see section 7701(o). Www irs gov e pay Foreign financial asset. Www irs gov e pay   For more information on undisclosed foreign financial assets, see section 6662(j) or the Instructions for Form 8938. Www irs gov e pay Reasonable cause. Www irs gov e pay   You will not have to pay a penalty if you show a good reason (reasonable cause) for the way you treated an item. Www irs gov e pay You must also show that you acted in good faith. Www irs gov e pay This does not apply to a transaction that lacks economic substance. Www irs gov e pay Filing erroneous claim for refund or credit. Www irs gov e pay   You may have to pay a penalty if you file an erroneous claim for refund or credit. Www irs gov e pay The penalty is equal to 20% of the disallowed amount of the claim, unless you can show a reasonable basis for the way you treated an item. Www irs gov e pay However, any disallowed amount due to a transaction that lacks economic substance will not be treated as having a reasonable basis. Www irs gov e pay The penalty will not be figured on any part of the disallowed amount of the claim that relates to the earned income credit or on which the accuracy-related or fraud penalties are charged. Www irs gov e pay Frivolous tax submission. Www irs gov e pay   You may have to pay a penalty of $5,000 if you file a frivolous tax return or other frivolous submissions. Www irs gov e pay A frivolous tax return is one that does not include enough information to figure the correct tax or that contains information clearly showing that the tax you reported is substantially incorrect. Www irs gov e pay For more information on frivolous returns, frivolous submissions, and a list of positions that are identified as frivolous, see Notice 2010-33, 2010-17 IRB 609 available at www. Www irs gov e pay irs. Www irs gov e pay gov/irb/2010-17_irb/ar13. Www irs gov e pay html. Www irs gov e pay   You will have to pay the penalty if you filed this kind of return or submission based on a frivolous position or a desire to delay or interfere with the administration of federal tax laws. Www irs gov e pay This includes altering or striking out the preprinted language above the space provided for your signature. Www irs gov e pay   This penalty is added to any other penalty provided by law. Www irs gov e pay Fraud. Www irs gov e pay   If there is any underpayment of tax on your return due to fraud, a penalty of 75% of the underpayment due to fraud will be added to your tax. Www irs gov e pay Failure to supply taxpayer identification number. Www irs gov e pay   If you do not include your social security number (SSN) or individual taxpayer identification number (ITIN) or the SSN or ITIN of another person where required on a return, statement, or other document, you will be subject to a penalty of $50 for each failure. Www irs gov e pay You will also be subject to a penalty of $50 if you do not give your SSN or ITIN to another person when it is required on a return, statement, or other document. Www irs gov e pay   For example, if you have a bank account that earns interest, you must give your SSN or ITIN to the bank. Www irs gov e pay The number must be shown on the Form 1099-INT or other statement the bank sends you. Www irs gov e pay If you do not give the bank your SSN or ITIN, you will be subject to the $50 penalty. Www irs gov e pay (You also may be subject to “backup” withholding of income tax. Www irs gov e pay )   You will not have to pay the penalty if you are able to show that the failure was due to reasonable cause and not willful neglect. Www irs gov e pay Criminal Penalties You may be subject to criminal prosecution (brought to trial) for actions such as: Tax evasion, Willful failure to file a return, supply information, or pay any tax due, Fraud and false statements, or Preparing and filing a fraudulent return. Www irs gov e pay Prev  Up  Next   Home   More Online Publications