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CPA/REG/Federal Tax Procedures & Penalties

Federal Tax Procedures & Penalties

Filing requirements, estimated tax safe harbors, and preparer penalties under the Internal Revenue Code.

Medium 50 minArea I: Ethics, Professional Responsibilities & Federal Tax Procedures

Estimated tax safe harbors (individuals)

No underpayment penalty applies if withholding plus estimated payments equal at least the lesser of:

  • 90% of the current year's tax, or
  • 100% of the prior year's tax — increased to 110% if prior-year AGI exceeded $150,000

EXAMPLE: Prior-year AGI was $200,000 and prior-year tax was $40,000. Current-year tax turns out to be $60,000. The safe harbor is the lesser of 90% × $60,000 = $54,000, or 110% × $40,000 = $44,000. Paying $44,000 in withholding and estimates avoids the penalty even though the actual liability is far higher.

Preparer penalties (IRC §6694)

Position typeStandard to avoid penalty
Undisclosed positionSubstantial authority (roughly 40% likelihood)
Disclosed positionReasonable basis (roughly 20% likelihood)
Tax shelter / reportable transactionMore likely than not (>50%)

§6694(a) applies to an unreasonable position — the greater of $1,000 or 50% of the income derived. §6694(b) applies to willful or reckless conduct — the greater of $5,000 or 75% of income derived.

IMPORTANT: The hierarchy of confidence levels, weakest to strongest: reasonable basissubstantial authoritymore likely than notshouldwill. Disclosure lowers the standard the preparer must meet, which is why Form 8275 disclosure matters.

Other preparer requirements

  • Sign the return and include the PTIN
  • Furnish a copy to the taxpayer
  • Retain records for three years
  • Exercise due diligence on refundable credits (EITC, CTC, AOTC) and head-of-household status — Form 8867