The penalty for failing to file your tax return is typically 5% of the unpaid taxes for each month (or part of a month) that your return is late (not to exceed 25% of the unpaid taxes). If you file your tax return more than 60 days after the date it was due, the minimum penalty is $135.00 or 100% of the unpaid tax, whichever is smaller. Generally, the failure to file penalties are greater than the failure to pay penalties. As a result, you should typically file your tax return, even if you cannot afford to pay the tax owed, in an attempt to reduce your potential tax penalties. If your failure to file your tax return was not due to willful neglect and you can show “reasonable cause” for not filing, you may be able to avoid the failure to file penalties. As always, it is best to consult with a Florida attorney who may be better able to evaluate the tax penalty assessments.
For more information regarding the failure to file penalties, please visit www.irs.gov.