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Old 01-24-2009, 09:00 PM
Alan
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Posts: n/a
Default Re: Need advice on filing 2004 - 2008 federal

removeps-groups[at]yahoo.com wrote:
- quote -

> On Jan 24, 11:27 am, paultry <afn0255...[at]afn.org> wrote:
> > removeps-gro...[at]yahoo.com wrote:
> > In addition to interest at the statutory rate, you will owe
> > failure to file penalty AND failure to pay penalty, EACH to
> > a maximum of 25% of unpaid tax, for any delinquent return
> > with a balance due. You may also owe a penalty for failure
> > to pay estimated tax.
> > > http://www.irs.gov/irm/part20/ch01s03.html

> Aren't the failure to file and pay combined into one with a maximum of
> 25%.
> <Quote src="http://www.irs.gov/publications/p519/ch07.html"> Combined penalties. 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. 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
> $100 or 100% of the unpaid tax.
> </Quote> > > No idea. Requesting a transcript is expensive (around $50 a return if
> > > I'm not mistaken), and there might not even be one on file.

> > There is no charge for transcripts. Ask at your local IRS
> > office or call 1-800-829-1040.
> > > http://www.irs.gov/individuals/artic...110571,00.html

> What's different between the transcript and copy?

If you are subject to the failure to file penalty and the failure
to pay penalty, the failure to pay penalty (1/2% per month) would
not kick-in until the 6th month.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #4  
Old 01-24-2009, 08:50 PM
paultry
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Posts: n/a
Default Re: Need advice on filing 2004 - 2008 federal

removeps-groups[at]yahoo.com wrote:
- quote -

> On Jan 24, 11:27 am, paultry <afn0255...[at]afn.org> wrote:
> > removeps-gro...[at]yahoo.com wrote:
> > In addition to interest at the statutory rate, you will owe
> > failure to file penalty AND failure to pay penalty, EACH to
> > a maximum of 25% of unpaid tax, for any delinquent return
> > with a balance due. You may also owe a penalty for failure
> > to pay estimated tax.
> > > http://www.irs.gov/irm/part20/ch01s03.html

> Aren't the failure to file and pay combined into one with a maximum of
> 25%.
> <Quote src="http://www.irs.gov/publications/p519/ch07.html"> Combined penalties. 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. 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
> $100 or 100% of the unpaid tax.
> </Quote

Failure to file and failure to pay penalties accrue monthly
beginning on the first day of delinquency (usually April 16
for a 1040) and on the same day of each subsequent month of
delinquency. The failure to file penalty of 5% per month
applies for the first five months of delinquency, for a max
total of 25%. Failure to pay penalty applies for up to 50
months of delinquency, rate varying from .5% to 1% per
month, capped at 25% total. When failure to file AND
failure to pay both apply in the same month (usually during
the first five months of delinquency), the failure to file
penalty will be reduced to 4.5% per month. So a return
filed and paid 50 months or more late would incur failure to
file penalty of 22.5% and failure to pay penalty of 25% of
the tax due on return.

- quote -

> > > No idea. Requesting a transcript is expensive (around $50 a return if
> > > I'm not mistaken), and there might not even be one on file.

> > There is no charge for transcripts. Ask at your local IRS
> > office or call 1-800-829-1040.
> > > http://www.irs.gov/individuals/artic...110571,00.html

> What's different between the transcript and copy?


Copy is a photocopy of the return filed by the taxpayer or
of a substitute for return filed by the IRS. A transcript
is a listing of transactions relating to a specific tax form
and tax period. If no return is filed, the transcript may
show nothing, or it may show credit for estimated payments,
delinquency and notice codes, etc. In the OP's case, a
transcript will show what actions, if any, the Service has
taken concerning the unfiled returns.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #3  
Old 01-24-2009, 07:24 PM
removeps-groups@yahoo.com
Guest
 
Posts: n/a
Default Re: Need advice on filing 2004 - 2008 federal

On Jan 24, 11:27 am, paultry <afn0255...[at]afn.org> wrote:
- quote -

> removeps-gro...[at]yahoo.com wrote:

> In addition to interest at the statutory rate, you will owe
> failure to file penalty AND failure to pay penalty, EACH to
> a maximum of 25% of unpaid tax, for any delinquent return
> with a balance due. You may also owe a penalty for failure
> to pay estimated tax.
> http://www.irs.gov/irm/part20/ch01s03.html


Aren't the failure to file and pay combined into one with a maximum of
25%.

<Quote src="http://www.irs.gov/publications/p519/ch07.html"
Combined penalties. 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. 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
$100 or 100% of the unpaid tax.

</Quote

- quote -

> > No idea. Requesting a transcript is expensive (around $50 a return if
> > I'm not mistaken), and there might not even be one on file.

> There is no charge for transcripts. Ask at your local IRS
> office or call 1-800-829-1040.
> http://www.irs.gov/individuals/artic...110571,00.html


What's different between the transcript and copy?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #2  
Old 01-24-2009, 06:27 PM
paultry
Guest
 
Posts: n/a
Default Re: Need advice on filing 2004 - 2008 federal

removeps-groups[at]yahoo.com wrote:
- quote -

> On Jan 23, 6:02 pm, JessicaA <uptechwri...[at]gmail.com> wrote:

> Be aware that there will be interest on the amount you owe. There may
> be penalties too, which will be 25% of the amount owed in your case,
> but I think these are waived if you come forth first (could be wrong
> on this).
> > - I need to send in paper copies of the 2005, 2006, and 2007returns.
> > - It is possible that the IRS will fine me for failing to file.

> No, the only fies are: the penalty of 5% per month on the amount owed
> to a maximum of 25%, and interest on the amount owed (roughly 6% a
> year, but it changes every quarter) with no limit.


In addition to interest at the statutory rate, you will owe
failure to file penalty AND failure to pay penalty, EACH to
a maximum of 25% of unpaid tax, for any delinquent return
with a balance due. You may also owe a penalty for failure
to pay estimated tax.

http://www.irs.gov/irm/part20/ch01s03.html

- quote -

> > - Is it likely that a return for any of the years was filed for me? Is
> > there a faster way to fin this out than requesting a transcript?

> No idea. Requesting a transcript is expensive (around $50 a return if
> I'm not mistaken), and there might not even be one on file.


There is no charge for transcripts. Ask at your local IRS
office or call 1-800-829-1040.

http://www.irs.gov/individuals/artic...110571,00.html

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 01-24-2009, 05:16 PM
removeps-groups@yahoo.com
Guest
 
Posts: n/a
Default Re: Need advice on filing 2004 - 2008 federal

On Jan 23, 6:02 pm, JessicaA <uptechwri...[at]gmail.com> wrote:

- quote -

> - I can file for up to three previous years and get my refunds. Yay!
> - Even if I was supposed to get a return, it's too late for 2004, and
> possibly too late for 2005. Boo!
> - I should file a return for all the missing years, even if I won't be
> getting a return.


Last word in your sentence: you mean "refund" instead of "return"?
Yes, to start the statute of limitations running, it's good to file
the return. However, if you were due a refund, then it doesn't
matter.

- quote -

> - It's possible that the IRS has filed a return for me already using,
> and I need to get my transcripts to find out. If so, I can file an
> amended return if I owed money to reduce or eliminate what I owe.


Be aware that there will be interest on the amount you owe. There may
be penalties too, which will be 25% of the amount owed in your case,
but I think these are waived if you come forth first (could be wrong
on this).

- quote -

> - I need to send in paper copies of the 2005, 2006, and 2007returns.
> - It is possible that the IRS will fine me for failing to file.


No, the only fies are: the penalty of 5% per month on the amount owed
to a maximum of 25%, and interest on the amount owed (roughly 6% a
year, but it changes every quarter) with no limit.

- quote -

> - I might be able to e-File the 2008 return, even if I didn't file a
> return in 2007.
> - My new state, Florida, does not require a state return.
> I have read many conflicting statements online which is why I have the
> following questions:
> - Because it is still January, can I still get the refund for 2005 if
> I file a return before April 15? (So including 2008, that could be 4
> refunds? Should I wait to file 2008 until I am caught up?)


Yes. The 2005 return was due on April/15/2006, which file the amended
return before April/15/2009. No need to wait till 2008.

- quote -

> - Do I need to file the returns in order? I would like to file for the
> past four years, and then use some of the refund money (from only past
> three years, I know) to pay a preparer to do the 2004 return.


The order does not matter. However, it's good to do them in order so
that you get the capital loss carryover and other carryovers right.
For example, if you have a loss of 9k, you can only deduct 3k, and the
remaining 6k gets carried over to next year. So obviously you want to
do the first year return first, even if it's 2004. If you don't have
items of carryover such as stock loss, rental loss, itemized deduction
carryover (happens when donate more than 30% to 50% of your income),
investment interest carryover, anyone know any others?, then the order
does not matter. In particular, if you have only salary, interest,
unemployment, then the order does not matter.

- quote -

> - Will the IRS give me a refund for the past three years if all of the
> returns aren't in yet?


Yes.

- quote -

> - Is it likely that a return for any of the years was filed for me? Is
> there a faster way to fin this out than requesting a transcript?


No idea. Requesting a transcript is expensive (around $50 a return if
I'm not mistaken), and there might not even be one on file.

- quote -

> I know I have lots of questions, but if someone could take the time to
> answer, I'd be terribly grateful. This has been weighing on my mind
> for so long, and I will be relieved to get it resolved!


It seems the 2004 return would also have had moving expenses.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 01-24-2009, 02:49 AM
Harlan Lunsford
Guest
 
Posts: n/a
Default Re: Need advice on filing 2004 - 2008 federal

JessicaA wrote:
- quote -

> I moved to a new state in 2004, and haven't filed a tax return since
> then. I have been working steadily, and have had the taxes taken out
> of my pay, so I don't think I am in too much trouble. I want to fix
> this before the IRS comes knocking on my door. I think I can do the
> returns 2008, 2007, 2006, and 2005 years on my own, but I don't think
> I should do 2004 without help. It is tricky because of the move,
> unemployment, etc... From the research I have done online so far, I
> have learned the following things:
> - I can file for up to three previous years and get my refunds. Yay!
> - Even if I was supposed to get a return, it's too late for 2004, and
> possibly too late for 2005. Boo!
> - I should file a return for all the missing years, even if I won't be
> getting a return.
> - It's possible that the IRS has filed a return for me already using,
> and I need to get my transcripts to find out. If so, I can file an
> amended return if I owed money to reduce or eliminate what I owe.
> - I need to send in paper copies of the 2005, 2006, and 2007returns.
> - It is possible that the IRS will fine me for failing to file.
> - I might be able to e-File the 2008 return, even if I didn't file a
> return in 2007.
> - My new state, Florida, does not require a state return.
> I have read many conflicting statements online which is why I have the
> following questions:
> - Because it is still January, can I still get the refund for 2005 if
> I file a return before April 15? (So including 2008, that could be 4
> refunds? Should I wait to file 2008 until I am caught up?)
> - Do I need to file the returns in order? I would like to file for the
> past four years, and then use some of the refund money (from only past
> three years, I know) to pay a preparer to do the 2004 return.
> - Will the IRS give me a refund for the past three years if all of the
> returns aren't in yet?
> - Is it likely that a return for any of the years was filed for me? Is
> there a faster way to fin this out than requesting a transcript?
> I know I have lots of questions, but if someone could take the time to
> answer, I'd be terribly grateful. This has been weighing on my mind
> for so long, and I will be relieved to get it resolved!

Go ahead and file those returns you can right now, esp the 2005 so you
can get a refund if one is due. Chances are (NO guarantee mind you)
that IRS won't notice the 2004.

However if you can afford it, get the 2004 prepared first to see the
damage. Look for an Enrolled Agent (EA) in your area Yellow pages, or
check www.naea.org for one in your area.

ChEAr$,
Harlan Lunsford, EA n LA

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 01-24-2009, 01:02 AM
JessicaA
Guest
 
Posts: n/a
Default Need advice on filing 2004 - 2008 federal

I moved to a new state in 2004, and haven't filed a tax return since
then. I have been working steadily, and have had the taxes taken out
of my pay, so I don't think I am in too much trouble. I want to fix
this before the IRS comes knocking on my door. I think I can do the
returns 2008, 2007, 2006, and 2005 years on my own, but I don't think
I should do 2004 without help. It is tricky because of the move,
unemployment, etc... From the research I have done online so far, I
have learned the following things:

- I can file for up to three previous years and get my refunds. Yay!
- Even if I was supposed to get a return, it's too late for 2004, and
possibly too late for 2005. Boo!
- I should file a return for all the missing years, even if I won't be
getting a return.
- It's possible that the IRS has filed a return for me already using,
and I need to get my transcripts to find out. If so, I can file an
amended return if I owed money to reduce or eliminate what I owe.
- I need to send in paper copies of the 2005, 2006, and 2007returns.
- It is possible that the IRS will fine me for failing to file.
- I might be able to e-File the 2008 return, even if I didn't file a
return in 2007.
- My new state, Florida, does not require a state return.

I have read many conflicting statements online which is why I have the
following questions:

- Because it is still January, can I still get the refund for 2005 if
I file a return before April 15? (So including 2008, that could be 4
refunds? Should I wait to file 2008 until I am caught up?)
- Do I need to file the returns in order? I would like to file for the
past four years, and then use some of the refund money (from only past
three years, I know) to pay a preparer to do the 2004 return.
- Will the IRS give me a refund for the past three years if all of the
returns aren't in yet?
- Is it likely that a return for any of the years was filed for me? Is
there a faster way to fin this out than requesting a transcript?

I know I have lots of questions, but if someone could take the time to
answer, I'd be terribly grateful. This has been weighing on my mind
for so long, and I will be relieved to get it resolved!

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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2004, 2008, advice, federal, filing
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