New and Increased Filing Penalties for Businesses


Among the revenue offsetting provisions of HR 3648, the Mortgage Forgiveness Debt Relief Act of 2007, were increases in penalties on partnerships and S corporations for failure to timely file returns. The monthly penalty for failure to file required partnership returns on time (absent any extension) was increased from $50 per partner to $85 per partner. The maximum number of months the penalty may be assessed was increased from five to 12. Likewise, for S corporations, the act added new IRC § 6699, which imposes a penalty of $85 per month per shareholder for failure to timely file. The penalties are effective for returns required to be filed after the law’s enactment in December 2007.

Relief provisions of the act included most prominently the exclusion of discharge-of-indebtedness income of up to $2 million received on or after Jan. 1, 2007, from forgiveness of a mortgage on a taxpayer’s qualified principal residence.

FEATURE

Tackling TCJA changes this tax season

Return preparers must be ready for how the Tax Cuts and Jobs Act has modified many common features of individual and business returns.

PODCAST

Why CPAs can’t wait on automation tools

What do accounting firms waiting on others to develop AI, automation, and data analytics tools have in common with a baseball fan sitting in a stadium filling with water at an exponential rate? The answer could determine your firm’s fate.