Penalties on Information Returns

IRS Penalties

Penalties on Information Returns

What are Information Returns?

Information Returns such as W-2s, 1099s, and 1098s, are forms furnished for the use and aid of filing income tax returns. Any person involved in a trade or business who makes or receives a reportable transaction must file information returns to the IRS, the individual, and possibly the state (depending on state requirements).

When are Information Returns Due?

The due date of information returns depends on the form being filed. Take a look at the chart below for filing due dates:

When Do Penalties Apply?

Penalties for not filing correct information returns can apply in any of the following situations:

  • A correct information return is late and a reasonable cause is not shown
  • More than 250 information returns where filed on paper because employers with more than 250 Information returns are required to file electronically
  • A Taxpayer Identification Number (TIN) is not reported.
  • An incorrect TIN is reported
  • The paper forms filed are not machine readable
  • All required information is not included
  • Incorrect information is included on the statement

What are the Penalties Associated with Information Returns?

There are penalties for late and unfurnished 1099’s. These penalties can be rather hefty and range from $50- $530 per form. The penalties are calculated as follows:

  • $50 per 1099 if filed within 30 days of due date with a maximum penalty of $536,000 for large businesses or $187,500 for small businesses.
  • $100 per 1099 is filed more than 30 days after the due date but by August 1st with a maximum penalty of $1,609,000 for large businesses or $536,000 for small businesses
  • $260 per 1099 if filed after August 1st or not at all with a maximum penalty of $3,218,500 for large businesses or $1,072,500 for small businesses
  • $530 per 1099 if there was intentional disregard with no maximum penalties.

The IRS considers small businesses to be those with $5 million or less in average annual revenues (averages are calculated using the previous three tax years).

To avoid these late fees, be prepared, know deadlines, ask your accountant, and/or request an extension for time to file. If you don’t already have a tax professional, contact us at 844-774-8829 to schedule a no obligation consultation with one of the professionals here at Private Tax Solutions.

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