Thursday, March 15, 2012

Corporate Returns Due - Late Filing Penalties Getting Steep!

Remember to file either your corporate tax returns or file for an extension - TODAY!

Corporate tax returns are due March 15th. The late filing penalty (which also applies if it does not include the required information) amount for an S-Corporation return is $195. This penalty is calculated based on the total number of shareholders during any part of the tax year multiplied by each month-or partial month-the return is filed after the due date, or extended due date (up to 12 months). If the return is properly extended, the return is due September 15th. If tax is due, the penalty is the amount stated above plus 5% of the unpaid tax for each month or part of a month the return is late, up to a maximum of 25% of the unpaid tax. If you don't file AND don't extend the return, it is late!

Another note: For each failure to furnish Schedule K-1 to a shareholder when due and each failure to include on Schedule K-1 all the information required to be shown (or the inclusion of incorrect information), a $100 penalty may be imposed with respect to each Schedule K-1 for which a failure occurs. If the requirement to report correct information is intentionally disregarded, each $100 penalty is increased to $250 or, if greater, 10% of the aggregate amount of items required to be reported.

The same penalty applies for partnership returns. The normal deadline for partnership returns is April 15th. In 2012, it's April 16th. Partnership returns may be extended until September 15th. Make sure that you note this extended due date. It used to be October 15th.

The penalty will not be imposed if the corporation can show that not furnishing information timely was due to reasonable cause. There is no telling what the IRS will consider reasonable cause, but it doesn't hurt to try!


Friday, March 9, 2012

To Refund or Not Refund; THAT is the Question!

I just had a conversation with a client about their income tax withholding. They owed approximately $1,000 and asked what they should change.

My response is this:

Using the US Treasury as a savings account is a very bad financial plan. It's better to have use of your money throughout the year - you aren't earning a penny on the money the you get refunded, but you may be saving interest costs by paying down a credit card or your mortgage. You can earn by investing that money. If you have direct deposit, have your employer deposit part directly into a savings or investment account (an investment account may prevent you from dipping into it for impulse expenditures). I'd prefer to see you owe up to $1000 rather than have a refund - as long as you are able to set aside those funds to pay your liability. YOU get to use the $1,000 that you may owe without any penalty from the IRS. Time to turn those tables!