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Underpayment Penalty

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Underpayment Penalty
A penalty that a taxpayer must pay if he/she fails to pay enough in estimated taxes and withholding. In order to reduce the incentive for persons and companies to pay taxes late, the IRS has instituted an underpayment penalty. In order to avoid the underpayment penalty, one must either pay 100% of his/her tax liability for the previous year or 90% of the liability for the current year.


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In addition, the courts upheld a 20% substantial underpayment penalty under section 6662(a).
No Safe Harbor to Avoid Estimated Tax Penalty for High Net Worth Individuals The safe harbor to avoid an estimated tax underpayment penalty for individuals who pay 100 percent of their prior year tax liability will no longer be available for those with $1 million or more adjusted gross income for tax year 2009 and forward ($500,000 in the case of a married individual filing a separate return).
First, it would impose a strict liability underpayment penalty of 30 percent on transactions lacking economic substance.
 
 
 
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