• Penalty for Not Filing Return if Owe Nothing

    From Rick@21:1/5 to All on Sat Nov 11 15:05:03 2023
    I believe this may have been asked here in the past, but I don't recall the answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they
    either exactly break even or are entitled to a refund of just a few cents or
    a couple of dollars. Is it possible for someone to proceed through a
    working career of several years or even decades without ever filing a tax return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off year after year, but it wouldn't be that difficult if most of the income is from wages subject to withholding. Has anyone ever heard of anyone doing this,
    and is it really true that there would be no consequences other than, say,
    the loss over several decades of perhaps a few hundred dollars in refunds
    never taken?

    --
    << ------------------------------------------------------- >>
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    << 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 >>
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  • From NadCixelsyd@21:1/5 to Rick on Mon Nov 13 14:19:32 2023
    On Saturday, November 11, 2023 at 8:05:20 PM UTC, Rick wrote:
    I believe this may have been asked here in the past, but I don't recall the answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they either exactly break even or are entitled to a refund of just a few cents or a couple of dollars. Is it possible for someone to proceed through a
    working career of several years or even decades without ever filing a tax return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off year after year, but it wouldn't be that difficult if most of the income is from wages subject to withholding. Has anyone ever heard of anyone doing this,
    and is it really true that there would be no consequences other than, say, the loss over several decades of perhaps a few hundred dollars in refunds never taken?
    Failure to file penalties are a percentage of what you owe. Be prepared to show evidence if the IRS comes knocking in three years.

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
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  • From Rick@21:1/5 to All on Mon Nov 13 16:55:35 2023
    "NadCixelsyd" wrote in message news:5461bff3-2b4d-44d0-af97-298c1325a454n@googlegroups.com...

    On Saturday, November 11, 2023 at 8:05:20 PM UTC, Rick wrote:
    I believe this may have been asked here in the past, but I don't recall
    the
    answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings
    accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they
    either exactly break even or are entitled to a refund of just a few cents
    or
    a couple of dollars. Is it possible for someone to proceed through a
    working career of several years or even decades without ever filing a tax
    return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off
    year
    after year, but it wouldn't be that difficult if most of the income is
    from
    wages subject to withholding. Has anyone ever heard of anyone doing this,
    and is it really true that there would be no consequences other than,
    say,
    the loss over several decades of perhaps a few hundred dollars in refunds
    never taken?
    Failure to file penalties are a percentage of what you owe. Be prepared to >show evidence if the IRS comes knocking in three years.


    But in this case, what penalties would there be if the person paid
    everything they owe plus a smidge more during the year through withholding,
    and kept doing this year after year? That's the premise of the question.

    --

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Stan Brown@21:1/5 to Rick on Mon Nov 13 18:26:07 2023
    On Mon, 13 Nov 2023 16:55:35 EST, Rick wrote:

    "NadCixelsyd" wrote in message news:5461bff3-2b4d-44d0-af97-298c1325a454n@googlegroups.com...
    Failure to file penalties are a percentage of what you owe. Be prepared to >show evidence if the IRS comes knocking in three years.

    But in this case, what penalties would there be if the person paid
    everything they owe plus a smidge more during the year through withholding, and kept doing this year after year? That's the premise of the question.

    When you first posted, I did some searching on irs.gov, just out of
    curiosity. I didn't post because I didn't find an answer to the
    specific question. It sure looks like the law (quoted on irs.gov)
    assumes anyone who doesn't file must owe money, because the law and
    IRS instructions say that the penalty for "failure to file" is a
    percentage of the unpaid amount -- in effect, there _is_ no penalty
    for failure to file as such, only for failure to pay.

    But I'm not a tax professional, and this just seems too simple.
    Instructions for Form 1040 list various scenarios in which you must
    file, based on income amount and source. I find it hard to believe
    there isn't _some_ penalty in the law for failure to file if you fall
    into one of those categories.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Stuart O. Bronstein@21:1/5 to Rick on Mon Nov 13 19:24:47 2023
    "Rick" <rick@nospam.com> wrote:
    "NadCixelsyd" wrote
    Rick wrote:

    I believe this may have been asked here in the past, but I don't
    recall the
    answer.

    Assume a person's only primary income is through employment and
    they withhold enough money during the year so that they owe no
    net taxes at filing time. Maybe they have some other income like
    interest on savings accounts or some other form of miscellaneous
    income, but they make sure their employment withholding is just
    enough so that by filing time they either exactly break even or
    are entitled to a refund of just a few cents or
    a couple of dollars. Is it possible for someone to proceed
    through a working career of several years or even decades
    without ever filing a tax return and suffer no consequences?

    I realize it would take a certain amount of planning to pull
    this off year
    after year, but it wouldn't be that difficult if most of the
    income is from
    wages subject to withholding. Has anyone ever heard of anyone
    doing this, and is it really true that there would be no
    consequences other than, say,
    the loss over several decades of perhaps a few hundred dollars
    in refunds never taken?
    Failure to file penalties are a percentage of what you owe. Be
    prepared to show evidence if the IRS comes knocking in three
    years.

    Or six years or ten years or more. If you don't file, the statute of limitations never starts to run. So at some time in the future the
    IRS decides that you owe them money, they can come after you forever.

    But in this case, what penalties would there be if the person paid
    everything they owe plus a smidge more during the year through
    withholding, and kept doing this year after year? That's the
    premise of the question.

    But how does the IRS know that all that person's taxes have been
    paid? They won't just assume that no return means everything is fine
    and that no money is due.


    --
    Stu
    http://DownToEarthLawyer.com


    --
    This email has been checked for viruses by AVG antivirus software.
    www.avg.com

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Rick@21:1/5 to Stuart O. Bronstein on Mon Nov 13 22:09:52 2023
    "Stuart O. Bronstein" wrote in message news:XnsB0BBA6E57317Cavocatstuyahoofr@130.133.4.11...

    "Rick" <rick@nospam.com> wrote:
    "NadCixelsyd" wrote
    Rick wrote:

    I believe this may have been asked here in the past, but I don't
    recall the
    answer.

    Assume a person's only primary income is through employment and
    they withhold enough money during the year so that they owe no
    net taxes at filing time. Maybe they have some other income like
    interest on savings accounts or some other form of miscellaneous
    income, but they make sure their employment withholding is just
    enough so that by filing time they either exactly break even or
    are entitled to a refund of just a few cents or
    a couple of dollars. Is it possible for someone to proceed
    through a working career of several years or even decades
    without ever filing a tax return and suffer no consequences?

    I realize it would take a certain amount of planning to pull
    this off year
    after year, but it wouldn't be that difficult if most of the
    income is from
    wages subject to withholding. Has anyone ever heard of anyone
    doing this, and is it really true that there would be no
    consequences other than, say,
    the loss over several decades of perhaps a few hundred dollars
    in refunds never taken?
    Failure to file penalties are a percentage of what you owe. Be
    prepared to show evidence if the IRS comes knocking in three
    years.

    Or six years or ten years or more. If you don't file, the statute of >limitations never starts to run. So at some time in the future the
    IRS decides that you owe them money, they can come after you forever.

    But in this case, what penalties would there be if the person paid
    everything they owe plus a smidge more during the year through
    withholding, and kept doing this year after year? That's the
    premise of the question.

    But how does the IRS know that all that person's taxes have been
    paid? They won't just assume that no return means everything is fine
    and that no money is due.



    But what's the remedy? If the penalty for failing to file is some
    percentage of unpaid taxes, in this case there are no unpaid taxes. In this case, the IRS computers will see that it has collected taxes from a
    particular SSN and that the person has incurred a certain amount of income,
    and the computers will calculate that the right amount was paid. Sure, the computers will also detect that no returns have been filed, but since the statutory remedy is apparently to bill the customer for unpaid taxes, isn't
    the likely result that the taxpayer will get a bill showing either zero owed
    or else a small credit due back to the customer?


    --

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Stuart O. Bronstein@21:1/5 to Rick on Tue Nov 14 00:22:25 2023
    "Rick" <rick@nospam.com> wrote:

    "Stuart O. Bronstein" wrote in message news:XnsB0BBA6E57317Cavocatstuyahoofr@130.133.4.11...

    "Rick" <rick@nospam.com> wrote:
    "NadCixelsyd" wrote
    Rick wrote:

    I believe this may have been asked here in the past, but I
    don't recall the
    answer.

    Assume a person's only primary income is through employment
    and they withhold enough money during the year so that they
    owe no net taxes at filing time. Maybe they have some other
    income like interest on savings accounts or some other form of
    miscellaneous income, but they make sure their employment
    withholding is just enough so that by filing time they either
    exactly break even or are entitled to a refund of just a few
    cents or a couple of dollars. Is it possible for someone to
    proceed through a working career of several years or even
    decades without ever filing a tax return and suffer no
    consequences?

    I realize it would take a certain amount of planning to pull
    this off year
    after year, but it wouldn't be that difficult if most of the
    income is from
    wages subject to withholding. Has anyone ever heard of anyone
    doing this, and is it really true that there would be no
    consequences other than, say,
    the loss over several decades of perhaps a few hundred dollars
    in refunds never taken?
    Failure to file penalties are a percentage of what you owe. Be >>>>prepared to show evidence if the IRS comes knocking in three
    years.

    Or six years or ten years or more. If you don't file, the statute
    of limitations never starts to run. So at some time in the future
    the IRS decides that you owe them money, they can come after you
    forever.

    But in this case, what penalties would there be if the person
    paid everything they owe plus a smidge more during the year
    through withholding, and kept doing this year after year?
    That's the premise of the question.

    But how does the IRS know that all that person's taxes have been
    paid? They won't just assume that no return means everything is
    fine and that no money is due.

    But what's the remedy? If the penalty for failing to file is some
    percentage of unpaid taxes, in this case there are no unpaid
    taxes. In this case, the IRS computers will see that it has
    collected taxes from a particular SSN and that the person has
    incurred a certain amount of income, and the computers will
    calculate that the right amount was paid. Sure, the computers
    will also detect that no returns have been filed, but since the
    statutory remedy is apparently to bill the customer for unpaid
    taxes, isn't the likely result that the taxpayer will get a bill
    showing either zero owed or else a small credit due back to the
    customer?

    The IRS may well assume that your income is as reported, and you are
    entitled to no deductions, which would mean more taxes than were paid
    in. If you don't keep records well enough to file a tax return, you
    may not have good enough records to keep from owing taxes when you
    shouldn't.


    --
    Stu
    http://DownToEarthLawyer.com


    --
    This email has been checked for viruses by AVG antivirus software.
    www.avg.com

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From ira smilovitz@21:1/5 to Rick on Tue Nov 14 08:43:39 2023
    On Saturday, November 11, 2023 at 3:05:20 PM UTC-5, Rick wrote:
    I believe this may have been asked here in the past, but I don't recall the answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they either exactly break even or are entitled to a refund of just a few cents or a couple of dollars. Is it possible for someone to proceed through a
    working career of several years or even decades without ever filing a tax return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off year after year, but it wouldn't be that difficult if most of the income is from wages subject to withholding. Has anyone ever heard of anyone doing this,
    and is it really true that there would be no consequences other than, say, the loss over several decades of perhaps a few hundred dollars in refunds never taken?

    --

    It *might* be possible if they were single, but not if they were married. After several years of unfiled returns, the IRS will begin preparing SFR freturns for the taxpayer. In the case of a married taxpayer, the returns will be prepared as if the
    taxpayer was single. If the withholdings were planned using MFJ rates they would be insufficient.

    Even as a single taxpayer, the task would take more effort than it's worth, since payroll withholding tables are often designed with political objectives in mind and not to exactly match a projected tax liability.

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
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  • From Rick@21:1/5 to Stuart O. Bronstein on Tue Nov 14 11:32:52 2023
    "Stuart O. Bronstein" wrote in message news:XnsB0BBD95BF9C46avocatstuyahoofr@130.133.4.11...

    "Rick" <rick@nospam.com> wrote:

    "Stuart O. Bronstein" wrote in message
    news:XnsB0BBA6E57317Cavocatstuyahoofr@130.133.4.11...

    "Rick" <rick@nospam.com> wrote:
    "NadCixelsyd" wrote
    Rick wrote:

    I believe this may have been asked here in the past, but I
    don't recall the
    answer.

    Assume a person's only primary income is through employment
    and they withhold enough money during the year so that they
    owe no net taxes at filing time. Maybe they have some other
    income like interest on savings accounts or some other form of
    miscellaneous income, but they make sure their employment
    withholding is just enough so that by filing time they either
    exactly break even or are entitled to a refund of just a few
    cents or a couple of dollars. Is it possible for someone to
    proceed through a working career of several years or even
    decades without ever filing a tax return and suffer no
    consequences?

    I realize it would take a certain amount of planning to pull
    this off year
    after year, but it wouldn't be that difficult if most of the
    income is from
    wages subject to withholding. Has anyone ever heard of anyone
    doing this, and is it really true that there would be no
    consequences other than, say,
    the loss over several decades of perhaps a few hundred dollars
    in refunds never taken?
    Failure to file penalties are a percentage of what you owe. Be >>>>>prepared to show evidence if the IRS comes knocking in three
    years.

    Or six years or ten years or more. If you don't file, the statute
    of limitations never starts to run. So at some time in the future
    the IRS decides that you owe them money, they can come after you
    forever.

    But in this case, what penalties would there be if the person
    paid everything they owe plus a smidge more during the year
    through withholding, and kept doing this year after year?
    That's the premise of the question.

    But how does the IRS know that all that person's taxes have been
    paid? They won't just assume that no return means everything is
    fine and that no money is due.

    But what's the remedy? If the penalty for failing to file is some
    percentage of unpaid taxes, in this case there are no unpaid
    taxes. In this case, the IRS computers will see that it has
    collected taxes from a particular SSN and that the person has
    incurred a certain amount of income, and the computers will
    calculate that the right amount was paid. Sure, the computers
    will also detect that no returns have been filed, but since the
    statutory remedy is apparently to bill the customer for unpaid
    taxes, isn't the likely result that the taxpayer will get a bill
    showing either zero owed or else a small credit due back to the
    customer?

    The IRS may well assume that your income is as reported, and you are
    entitled to no deductions, which would mean more taxes than were paid
    in. If you don't keep records well enough to file a tax return, you
    may not have good enough records to keep from owing taxes when you
    shouldn't.



    I get all that, but the premise of the question is that the taxpayer is
    crafty enough to withhold just enough money to cover the worst case the IRS would assume - i.e., no deductions allowed or standard deduction, whatever.
    I'm assuming this is a person who is doing this as some kind of statement or "thing" and is keeping sufficient records to make sure they always stays
    ahead of the game, so to speak. They may even be filling out a dummy return each year without filing to make sure they always withhold enough.

    The real point of the question is how the IRS would react to this and
    whether they have any real mechanism for dealing with someone like this who
    is literally always paying what they owe without actually filing. As
    someone else stated, there doesn't appear to be anything on the IRS site
    that mentions any kind of penalty for failing to file other than having to
    pay some multiple of unpaid taxes.

    --

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Taxed and Spent@21:1/5 to Rick on Tue Nov 14 17:53:36 2023
    On 11/11/2023 12:05 PM, Rick wrote:
    I believe this may have been asked here in the past, but I don't recall the answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they either exactly break even or are entitled to a refund of just a few cents or a couple of dollars. Is it possible for someone to proceed through a working career of several years or even decades without ever filing a tax return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off year after year, but it wouldn't be that difficult if most of the income is from wages subject to withholding. Has anyone ever heard of anyone doing this, and is it really true that there would be no consequences other than, say, the loss over several decades of perhaps a few hundred dollars in refunds never taken?


    Many of the answers don't answer your specific question but give the
    valid advice that if the IRS comes knocking, the burden is on you to
    file correct returns and show that you don't owe anything, in which case
    the penalty would be zero, so it seems.

    I recall a long time ago hearing of some guy we knew who would do
    something similar: he would make sure he over withheld, then didn't file
    taxes for a few years because it wasn't worth the hassle. Never heard
    if the IRS ever came knocking, or for how many years he did this. I
    also don't know if he was prepared to file and show he didn't owe
    anything. Seems most people of this mind, i.e. too much of a hassle,
    would likely think keeping records is too much of a hassle too.

    I trust this is merely an academic question, eh?

    --
    << ------------------------------------------------------- >>
    << 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 (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Rick@21:1/5 to All on Tue Nov 14 17:54:05 2023
    "ira smilovitz" wrote in message news:b9bb1b0d-e072-4f51-8c39-1bb0ac3e2603n@googlegroups.com...

    On Saturday, November 11, 2023 at 3:05:20 PM UTC-5, Rick wrote:
    I believe this may have been asked here in the past, but I don't recall
    the
    answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings
    accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they
    either exactly break even or are entitled to a refund of just a few cents
    or
    a couple of dollars. Is it possible for someone to proceed through a
    working career of several years or even decades without ever filing a tax
    return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off
    year
    after year, but it wouldn't be that difficult if most of the income is
    from
    wages subject to withholding. Has anyone ever heard of anyone doing this,
    and is it really true that there would be no consequences other than,
    say,
    the loss over several decades of perhaps a few hundred dollars in refunds
    never taken?

    --

    It *might* be possible if they were single, but not if they were married. >After several years of unfiled returns, the IRS will begin preparing SFR >freturns for the taxpayer. In the case of a married taxpayer, the returns >will be prepared as if the taxpayer was single. If the withholdings were >planned using MFJ rates they would be insufficient.

    Even as a single taxpayer, the task would take more effort than it's worth, >since payroll withholding tables are often designed with political
    objectives in mind and not to exactly match a projected tax liability.

    Ira Smilovitz, EA
    Leonia, NJ


    So it sounds like what you're saying is that the IRS response after seeing
    no returns filed for multiple years would be to file an SFR return (which Google informs me is a "Substitute for Return"), and if the taxpayer has
    paid enough, then no further action is taken. I agree this sound like more effort than it's worth, but the original premise of the question was someone doing this knowingly and craftily, making sure they withhold enough to cover what the IRS could calculate (e.g, withholding at the single rate and
    possibly even having additional amounts withheld to make sure there is no balance). Not sure why someone would do this - maybe to make some kind of political statement or perhaps to just sock it to the IRS - but it seems
    clear they could get away with it.


    --

    --
    << ------------------------------------------------------- >>
    << 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. >>
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  • From ira smilovitz@21:1/5 to Rick on Wed Nov 15 10:23:47 2023
    On Tuesday, November 14, 2023 at 5:54:58 PM UTC-5, Rick wrote:
    "ira smilovitz" wrote in message news:b9bb1b0d-e072-4f51...@googlegroups.com...

    On Saturday, November 11, 2023 at 3:05:20 PM UTC-5, Rick wrote:
    I believe this may have been asked here in the past, but I don't recall
    the
    answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings
    accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they
    either exactly break even or are entitled to a refund of just a few cents >> or
    a couple of dollars. Is it possible for someone to proceed through a
    working career of several years or even decades without ever filing a tax >> return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off
    year
    after year, but it wouldn't be that difficult if most of the income is
    from
    wages subject to withholding. Has anyone ever heard of anyone doing this, >> and is it really true that there would be no consequences other than,
    say,
    the loss over several decades of perhaps a few hundred dollars in refunds >> never taken?

    --

    It *might* be possible if they were single, but not if they were married. >After several years of unfiled returns, the IRS will begin preparing SFR >freturns for the taxpayer. In the case of a married taxpayer, the returns >will be prepared as if the taxpayer was single. If the withholdings were >planned using MFJ rates they would be insufficient.

    Even as a single taxpayer, the task would take more effort than it's worth, >since payroll withholding tables are often designed with political >objectives in mind and not to exactly match a projected tax liability.

    Ira Smilovitz, EA
    Leonia, NJ

    So it sounds like what you're saying is that the IRS response after seeing
    no returns filed for multiple years would be to file an SFR return (which Google informs me is a "Substitute for Return"), and if the taxpayer has
    paid enough, then no further action is taken. I agree this sound like more effort than it's worth, but the original premise of the question was someone doing this knowingly and craftily, making sure they withhold enough to cover what the IRS could calculate (e.g, withholding at the single rate and possibly even having additional amounts withheld to make sure there is no balance). Not sure why someone would do this - maybe to make some kind of political statement or perhaps to just sock it to the IRS - but it seems clear they could get away with it.



    --

    Yes, but an SFR return is generated using the best outcome for the IRS, not the taxpayer. The "oh so clever" taxpayer in this scenario would have to withhold amd pay more tax than might be the actual liability.

    Ira Smilovitz, EA
    Leonia, NJ

    --
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    << that may be imposed upon the taxpayer. >>
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  • From Rick@21:1/5 to Taxed and Spent on Wed Nov 15 11:20:40 2023
    "Taxed and Spent" wrote in message news:uj0ev7$1bb1k$1@dont-email.me...

    On 11/11/2023 12:05 PM, Rick wrote:
    I believe this may have been asked here in the past, but I don't recall
    the
    answer.

    Assume a person's only primary income is through employment and they
    withhold enough money during the year so that they owe no net taxes at
    filing time. Maybe they have some other income like interest on savings
    accounts or some other form of miscellaneous income, but they make sure
    their employment withholding is just enough so that by filing time they
    either exactly break even or are entitled to a refund of just a few cents
    or
    a couple of dollars. Is it possible for someone to proceed through a
    working career of several years or even decades without ever filing a tax
    return and suffer no consequences?

    I realize it would take a certain amount of planning to pull this off
    year
    after year, but it wouldn't be that difficult if most of the income is
    from
    wages subject to withholding. Has anyone ever heard of anyone doing
    this,
    and is it really true that there would be no consequences other than,
    say,
    the loss over several decades of perhaps a few hundred dollars in refunds
    never taken?


    Many of the answers don't answer your specific question but give the valid >advice that if the IRS comes knocking, the burden is on you to file correct >returns and show that you don't owe anything, in which case the penalty
    would be zero, so it seems.

    I recall a long time ago hearing of some guy we knew who would do something >similar: he would make sure he over withheld, then didn't file taxes for a >few years because it wasn't worth the hassle. Never heard if the IRS ever >came knocking, or for how many years he did this. I also don't know if he >was prepared to file and show he didn't owe anything. Seems most people of >this mind, i.e. too much of a hassle, would likely think keeping records is >too much of a hassle too.

    I trust this is merely an academic question, eh?


    Yes, it's strictly academic, but something I've long wondered about. I'm intrigued you've actually heard of someone doing this.

    --

    --
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  • From Stan Brown@21:1/5 to Stuart O. Bronstein on Wed Nov 15 12:33:21 2023
    "Rick" <rick@nospam.com> wrote:
    Failure to file penalties are a percentage of what you owe. Be
    prepared to show evidence if the IRS comes knocking in three
    years.

    On Mon, 13 Nov 2023 19:24:47 EST, Stuart O. Bronstein wrote:
    Or six years or ten years or more. If you don't file, the statute of limitations never starts to run.

    From slide 11 of <https://www.irs.gov/pub/irs-utl/int_c_115r.pdf>:

    "Under IRC 6501(c)(3), the statute of limitations does not start to
    run until a valid return is filed. Once filed, the statute for
    assessment expires in three years. If a taxpayer never files a
    return, there is no statute of limitations on IRS for assessing tax
    with respect to the unfiled year."

    IMHO, that's the real penalty for failure to file when owing no tax:
    never knowing when the IRS would decide to go after one. That process
    would be quite painful, I imagine, whether or not one actually ended
    up owing money for the year in question.

    --
    Stan Brown, Tehachapi, California, USA https://BrownMath.com/
    Shikata ga nai...

    --
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