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Quicktax 7. Quicktax Filing Information Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: What, When, and Where To FileResident Aliens Nonresident Aliens Amended Returns and Claims for Refund Other Forms You May Have To File PenaltiesCivil Penalties Criminal Penalties Introduction This chapter provides the basic filing information that you may need. Quicktax Topics - This chapter discusses: Forms aliens must file, When and where to file, Penalties, and Amended returns and claims for refund. Quicktax Useful Items - You may want to see: Forms (and Instructions) 1040 U. Quicktax S. Quicktax Individual Income Tax Return 1040A U. Quicktax S. Quicktax Individual Income Tax Return 1040EZ Income Tax Return for Single and Joint Filers With No Dependents 1040NR U. Quicktax S. Quicktax Nonresident Alien Income Tax Return 1040NR-EZ U. Quicktax S. Quicktax Income Tax Return for Certain Nonresident Aliens With No Dependents See chapter 12 for information about getting these forms. Quicktax What, When, and Where To File What return you must file as well as when and where you file that return, depends on your status at the end of the tax year as a resident or a nonresident alien. Quicktax Resident Aliens Resident aliens should file Form 1040EZ, 1040A, or 1040 at the address shown in the instructions for that form. Quicktax The due date for filing the return and paying any tax due is April 15 of the year following the year for which you are filing a return (but see the Tip, later). Quicktax Under U. Quicktax S. Quicktax immigration law, a lawful permanent resident who is required to file a tax return as a resident and fails to do so may be regarded as having abandoned status and may lose permanent resident status. Quicktax Extensions of time to file. Quicktax You are allowed an automatic extension to June 15 to file if your main place of business and the home you live in are outside the United States and Puerto Rico on April 15. Quicktax You can get an extension of time to October 15 to file your return if you get an extension by April 15 (June 15 if you qualify for the June 15 extension). Quicktax Use Form 4868 to get the extension to October 15. Quicktax In addition to this 6-month extension, taxpayers who are out of the country (as defined in the Form 4868 instructions) can request a discretionary 2-month additional extension of time to file their returns (to December 15 for calendar year taxpayers). Quicktax To request this extension, you must send the IRS a letter explaining the reasons why you need the additional 2 months. Quicktax Send the letter by the extended due date (October 15 for calendar year taxpayers) to the following address: Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215 You will not receive any notification from the IRS unless your request is denied for being untimely. Quicktax The discretionary 2-month additional extension is not available to taxpayers who have an approved extension of time to file on Form 2350 (for U. Quicktax S. Quicktax citizens and resident aliens abroad who expect to qualify for special tax treatment). Quicktax If the due date for filing falls on a Saturday, Sunday, or legal holiday, the due date is the next day which is not a Saturday, Sunday, or legal holiday. Quicktax You may be able to file your return electronically. Quicktax See IRS e-file in your form instructions. Quicktax Nonresident Aliens Nonresident aliens who are required to file an income tax return should use Form 1040NR or, if qualified, Form 1040NR-EZ. Quicktax If you are any of the following, you must file a return. Quicktax A nonresident alien individual engaged or considered to be engaged in a trade or business in the United States during 2013. Quicktax (But see Exceptions , later. Quicktax ) You must file even if: Your income did not come from a trade or business conducted in the United States, You have no income from U. Quicktax S. Quicktax sources, or Your income is exempt from income tax. Quicktax A nonresident alien individual not engaged in a trade or business in the United States with U. Quicktax S. Quicktax income on which the tax liability was not satisfied by the withholding of tax at the source. Quicktax A representative or agent responsible for filing the return of an individual described in (1) or (2). Quicktax A fiduciary for a nonresident alien estate or trust. Quicktax You must also file if you want to: Claim a refund of overwithheld or overpaid tax, or Claim the benefit of any deductions or credits. Quicktax For example, if you have no U. Quicktax S. Quicktax business activities but have income from real property that you choose to treat as effectively connected income (discussed in chapter 4), you must timely file a true and accurate return to take any allowable deductions against that income. Quicktax For information on what is timely, see When to file for deductions and credits under When To File, later. Quicktax Exceptions. Quicktax You do not need to file Form 1040NR or Form 1040NR-EZ if you meet either of the following conditions. Quicktax Your only U. Quicktax S. Quicktax trade or business was the performance of personal services, and Your wages were less than $3,900, and You have no other need to file a return to claim a refund of overwithheld taxes, to satisfy additional withholding at source, or to claim income exempt or partly exempt by treaty. Quicktax You were a nonresident alien student, teacher, or trainee who was temporarily present in the United States under an “F,” “J,” “M,” or “Q” visa and you have no income that is subject to tax, such as wages, tips, scholarship and fellowship grants, dividends, etc. Quicktax Even if you have left the United States and filed a Form 1040-C, U. Quicktax S. Quicktax Departing Alien Income Tax Return, on departure, you still must file an annual U. Quicktax S. Quicktax income tax return. Quicktax If you are married and both you and your spouse are required to file, you must each file a separate return. Quicktax Form 1040NR-EZ You can use Form 1040NR-EZ if all of the following conditions are met. Quicktax You do not claim any dependents. Quicktax You cannot be claimed as a dependent on someone else's U. Quicktax S. Quicktax tax return. Quicktax If you were married, you do not claim an exemption for your spouse. Quicktax Your taxable income is less than $100,000. Quicktax The only itemized deduction you can claim is for state and local income taxes. Quicktax Note. Quicktax Residents of India who were students or business apprentices may be able to take the standard deduction instead of the itemized deduction for state and local income taxes. Quicktax See chapter 5. Quicktax Your only U. Quicktax S. Quicktax source income is from wages, salaries, tips, taxable refunds of state and local income taxes, scholarship or fellowship grants, and nontaxable interest or dividends. Quicktax (If you had taxable interest or dividend income, you cannot use this form. Quicktax ) You are not claiming any adjustments to income other than the student loan interest deduction or scholarship and fellowship grants excluded. Quicktax You are not claiming any tax credits. Quicktax This is not an “expatriation return. Quicktax ” See Expatriation Tax in chapter 4. Quicktax The only taxes you owe are: The income tax from the Tax Table. Quicktax The social security and Medicare tax from Form 4137 or Form 8919. Quicktax You are not claiming a credit for excess social security and tier 1 RRTA tax withheld. Quicktax You are not filing Form 8959, to figure the amount of Additional Medicare Tax you owe and/or the amount of Additional Medicare Tax withheld by your employer, if any. Quicktax If you do not meet all of the above conditions, you must file Form 1040NR. Quicktax When To File If you are an employee and you receive wages subject to U. Quicktax S. Quicktax income tax withholding, you will generally file by the 15th day of the 4th month after your tax year ends. Quicktax For the 2013 calendar year, file your return by April 15, 2014. Quicktax If you are not an employee who receives wages subject to U. Quicktax S. Quicktax income tax withholding, you must file by the 15th day of the 6th month after your tax year ends. Quicktax For the 2013 calendar year, file your return by June 16, 2014 (because June 15 is a Sunday. Quicktax ) Extensions of time to file. Quicktax If you cannot file your return by the due date, file Form 4868 or use one of the electronic filing options explained in the Form 4868 instructions. Quicktax For the 2013 calendar year, this will extend the due date to October 15, 2014 (December 15, 2014, if the regular due date of your return is June 16, 2014). Quicktax You must file the extension by the regular due date of your return. Quicktax In addition to the 6-month extension to October 15, taxpayers whose main place of business is outside the United States and Puerto Rico and who live outside those jurisdictions can request a discretionary 2-month extension of time to file their returns (to December 15 for calendar year taxpayers). Quicktax To request this extension, you must send the IRS a letter explaining the reasons why you need the additional 2 months. Quicktax Send the letter by the extended due date (October 15 for calendar year taxpayers) to the following address: Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215 You will not receive any notification from the IRS unless your request is denied for being untimely. Quicktax When to file for deductions and credits. Quicktax To get the benefit of any allowable deductions or credits, you must timely file a true and accurate return. Quicktax For this purpose, a return is timely if it is filed within 16 months of the due date just discussed. Quicktax However, if you did not file a 2012 tax return and 2013 is not the first year for which you are required to file one, your 2013 return is timely for this purpose if it is filed by the earlier of: The date that is 16 months after the due date for filing your 2013 return, or The date the IRS notifies you that your 2013 return has not been filed and that you cannot claim certain deductions and credits. Quicktax The allowance of the following credits is not affected by this time requirement. Quicktax Credit for withheld taxes. Quicktax Credit for excise tax on certain uses of gasoline and special fuels. Quicktax Credit for tax paid by a mutual fund (or other regulated investment company) or a real estate investment trust on undistributed long-term capital gains. Quicktax Protective return. Quicktax If your activities in the United States were limited and you do not believe that you had any gross income effectively connected with a U. Quicktax S. Quicktax trade or business during the year, you can file a protective return (Form 1040NR) by the deadline explained above. Quicktax By filing a protective return, you protect your right to receive the benefit of deductions and credits in the event it is later determined that some or all of your income is effectively connected. Quicktax You are not required to report any effectively connected income or any deductions on the protective return, but you must give the reason the return is being filed. Quicktax If you believe some of your activities resulted in effectively connected income, file your return reporting that income and related deductions by the regular due date. Quicktax To protect your right to claim deductions or credits resulting from other activities, attach a statement to that return explaining that you wish to protect your right to claim deductions and credits if it is later determined that the other activities produced effectively connected income. Quicktax You can follow the same procedure if you believe you have no U. Quicktax S. Quicktax tax liability because of a U. Quicktax S. Quicktax tax treaty. Quicktax Be sure to also complete item L on page 5 of Form 1040NR. Quicktax Waiver of filing deadline. Quicktax The IRS may waive the filing deadline if you establish that, based on the facts and circumstances, you acted reasonably and in good faith in failing to file a U. Quicktax S. Quicktax income tax return (including a protective return) and you cooperate with the IRS in determining your U. Quicktax S. Quicktax income tax liability for the tax year for which you did not file a return. Quicktax Where To File If you are not enclosing a payment, file Form 1040NR-EZ and Form 1040NR at the following address. Quicktax Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215 If enclosing a payment, mail your return to: Internal Revenue Service P. Quicktax O. Quicktax Box 1303 Charlotte, NC 28201-1303 Aliens from the U. Quicktax S. Quicktax Virgin Islands. Quicktax If you are a bona fide resident of the U. Quicktax S. Quicktax Virgin Islands during your entire tax year and work temporarily in the United States, you must pay your income taxes to the U. Quicktax S. Quicktax Virgin Islands and file your income tax returns at the following address. Quicktax Virgin Islands Bureau of Internal Revenue 6115 Estate Smith Bay Suite 225 St. Quicktax Thomas, VI 00802 Report all income from U. Quicktax S. Quicktax sources, as well as income from other sources, on your return. Quicktax For information on filing U. Quicktax S. Quicktax Virgin Islands returns, contact the U. Quicktax S. Quicktax Virgin Islands Bureau of Internal Revenue. Quicktax Chapter 8 discusses withholding from U. Quicktax S. Quicktax wages of U. Quicktax S. Quicktax Virgin Islanders. Quicktax Aliens from Guam or the Commonwealth of the Northern Mariana Islands. Quicktax If you are a bona fide resident of Guam or the Commonwealth of the Northern Mariana Islands (CNMI) during your entire tax year, you must file your return with, and pay any tax due to, Guam or the CNMI. Quicktax Report all income, including income from U. Quicktax S. Quicktax sources, on your return. Quicktax It is not necessary to file a separate U. Quicktax S. Quicktax income tax return. Quicktax Bona fide residents of Guam should file their Guam returns at the following address. Quicktax Department of Revenue and Taxation Government of Guam P. Quicktax O. Quicktax Box 23607 GMF, GU 96921 Bona fide residents of the CNMI should file their CNMI income tax returns at the following address. Quicktax Department of Finance Division of Revenue and Taxation Commonwealth of the Northern Mariana Islands P. Quicktax O. Quicktax Box 5234 CHRB Saipan, MP 96950 If you are not a bona fide resident of Guam or the CNMI, see Pub. Quicktax 570, Tax Guide for Individuals With Income From U. Quicktax S. Quicktax Possessions, for information on where to file your return. Quicktax Amended Returns and Claims for Refund If you find changes in your income, deductions, or credits after you mail your return, file Form 1040X, Amended U. Quicktax S. Quicktax Individual Income Tax Return. Quicktax Also use Form 1040X if you should have filed Form 1040, 1040A, or 1040EZ instead of Form 1040NR or 1040NR-EZ, or vice versa. Quicktax If you amend Form 1040NR or Form 1040NR-EZ or file the correct return, attach the corrected return (Form 1040, Form 1040NR, etc. Quicktax ) to Form 1040X. Quicktax Print “Amended” across the top. Quicktax Ordinarily, an amended return claiming a refund must be filed within 3 years from the date your return was filed or within 2 years from the time the tax was paid, whichever is later. Quicktax A return filed before the final due date is considered to have been filed on the due date. Quicktax Other Forms You May Have To File You may be required to file information returns to report certain foreign income or assets, or monetary transactions. Quicktax FinCen Form 105 FinCEN Form 105 (formerly Customs Form 4790), Report of International Transportation of Currency or Monetary Instruments, must be filed by each person who physically transports, mails, or ships, or causes to be physically transported, mailed, or shipped, currency or other monetary instruments in a total amount of more than $10,000 at one time from the United States to any place outside the United States, or into the United States from any place outside the United States. Quicktax The filing requirement also applies to each person who receives in the United States currency or monetary instruments totaling more than $10,000 at one time from any place outside of the United States. Quicktax The term “monetary instruments” means the following: Coin and currency of the United States or of any other country, Travelers' checks in any form, Investment securities or stock in bearer form or otherwise in such form that title to them passes upon delivery, Negotiable instruments (including checks, promissory notes, and money orders) in bearer form, endorsed without restriction, made out to a fictitious payee, or otherwise in such form that title to them passes upon delivery, and Checks, promissory notes, and money orders which are signed but on which the name of the payee has been omitted. Quicktax However, the term does not include: Checks or money orders made payable to the order of a named person which have not been endorsed or which contain restrictive endorsements, Warehouse receipts, or Bills of lading. Quicktax A transfer of funds through normal banking procedures (wire transfer) that does not involve the physical transportation of currency or monetary instruments is not required to be reported on FinCEN Form 105. Quicktax Filing requirements. Quicktax FinCEN Form 105 filing requirements follow. Quicktax Recipients. Quicktax Each person who receives currency or other monetary instruments in the United States must file FinCEN Form 105 within 15 days after receipt, with the Customs officer in charge at any port of entry or departure, or by mail at the following address. Quicktax Commissioner of Customs Attention: Currency Transportation Reports Washington, DC 20229 Shippers or mailers. Quicktax If the currency or other monetary instrument does not accompany the person entering or departing the United States, FinCEN Form 105 can be filed by mail at the above address on or before the date of entry, departure, mailing, or shipping. Quicktax Travelers. Quicktax Travelers must file FinCEN Form 105 with the Customs officer in charge at any Customs port of entry or departure, when entering or departing the United States. Quicktax Penalties. Quicktax Civil and criminal penalties are provided for failing to file a report, filing a report containing material omissions or misstatements, or filing a false or fraudulent report. Quicktax Also, the entire amount of the currency or monetary instrument may be subject to seizure and forfeiture. Quicktax More information. Quicktax More information regarding the filing of FinCEN Form 105 can be found in the instructions on the back of the form. Quicktax Form 8938 You may have to file Form 8938, Statement of Specified Foreign Financial Assets, to report the ownership of specified foreign financial asset(s) if you are one of the following individuals. Quicktax A resident alien of the United States for any part of the tax year. Quicktax A resident alien of the United States who elects to be treated as a resident of a foreign country under the provisions of a U. Quicktax S. Quicktax income tax treaty. Quicktax See Effect of Tax Treaties in chapter 1. Quicktax A nonresident alien who makes an election to be treated as a resident alien for purposes of filing a joint income tax return. Quicktax See chapter 1 for information about this election. Quicktax A nonresident alien who is a bona fide resident of American Samoa or Puerto Rico. Quicktax See Publication 570, Tax Guide for Individuals With Income From U. Quicktax S. Quicktax Possessions, for a definition of bona fide resident. Quicktax You must file Form 8938 if the total value of those assets exceeds an applicable threshold (the “reporting threshold”). Quicktax The reporting threshold varies depending on whether you live in the United States, are married, or file a joint income tax return with your spouse. Quicktax Specified foreign financial assets include any financial account maintained by a foreign financial institution and, to the extent held for investment, any stock, securities, or any other interest in a foreign entity and any financial instrument or contract with an issuer or counterparty that is not a U. Quicktax S. Quicktax person. Quicktax You may have to pay penalties if you are required to file Form 8938 and fail to do so, or if you have an understatement of tax due to any transaction involving an undisclosed foreign financial asset. Quicktax More information about the filing of Form 8938 can be found in the separate instructions for Form 8938. Quicktax Penalties The law provides penalties for failure to file returns or pay taxes as required. Quicktax Civil Penalties If you do not file your return and pay your tax by the due date, you may have to pay a penalty. Quicktax You may also have to pay a penalty if you substantially understate your tax, file a frivolous tax submission, or fail to supply your taxpayer identification number. Quicktax If you provide fraudulent information on your return, you may have to pay a civil fraud penalty. Quicktax Filing late. Quicktax If you do not file your return by the due date (including extensions), you may have to pay a failure-to-file penalty. Quicktax The penalty is based on the tax not paid by the due date (without regard to extensions). Quicktax The penalty is usually 5% for each month or part of a month that a return is late, but not more than 25%. Quicktax Fraud. Quicktax If your failure to file is due to fraud, the penalty is 15% for each month or part of a month that your return is late, up to a maximum of 75%. Quicktax Return over 60 days late. Quicktax If you file your return more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100% of the unpaid tax. Quicktax Exception. Quicktax You will not have to pay the penalty if you show that you failed to file on time because of reasonable cause and not because of willful neglect. Quicktax Paying tax late. Quicktax You will have to pay a failure-to-pay penalty of ½ of 1% (. Quicktax 50%) of your unpaid taxes for each month, or part of a month, after the due date that the tax is not paid. Quicktax This penalty does not apply during the automatic 6-month extension of time to file period, if you paid at least 90% of your actual tax liability on or before the due date of your return and pay the balance when you file the return. Quicktax The monthly rate of the failure-to-pay penalty is half the usual rate (. Quicktax 25% instead of . Quicktax 50%) if an installment agreement is in effect for that month. Quicktax You must have filed your return by the due date (including extensions) to qualify for this reduced penalty. Quicktax If a notice of intent to levy is issued, the rate will increase to 1% at the start of the first month beginning at least 10 days after the day that the notice is issued. Quicktax If a notice and demand for immediate payment is issued, the rate will increase to 1% at the start of the first month beginning after the day that the notice and demand is issued. Quicktax This penalty cannot be more than 25% of your unpaid tax. Quicktax You will not have to pay the penalty if you can show that you had a good reason for not paying your tax on time. Quicktax Combined penalties. Quicktax If both the failure-to-file penalty and the failure-to-pay penalty (discussed earlier) apply in any month, the 5% (or 15%) failure-to-file penalty is reduced by the failure-to-pay penalty. Quicktax However, if you file your return more than 60 days after the due date or extended due date, the minimum penalty is the smaller of $135 or 100% of the unpaid tax. Quicktax Accuracy-related penalty. Quicktax You may have to pay an accuracy-related penalty if you underpay your tax because: You show negligence or disregard of rules or regulations, You substantially understate your income tax, You claim tax benefits for a transaction that lacks economic substance, or You fail to disclose a foreign financial asset. Quicktax The penalty is equal to 20% of the underpayment. Quicktax The penalty is 40% of any portion of the underpayment that is attributable to an undisclosed noneconomic substance transaction or an undisclosed foreign financial asset transaction. Quicktax The penalty will not be figured on any part of an underpayment on which the fraud penalty (discussed later) is charged. Quicktax Negligence or disregard. Quicktax The term “negligence” includes a failure to make a reasonable attempt to comply with the tax law or to exercise ordinary and reasonable care in preparing a return. Quicktax Negligence also includes failure to keep adequate books and records. Quicktax You will not have to pay a negligence penalty if you have a reasonable basis for a position you took. Quicktax The term “disregard” includes any careless, reckless, or intentional disregard. Quicktax Adequate disclosure. Quicktax You can avoid the penalty for disregard of rules or regulations if you adequately disclose on your return a position that has at least a reasonable basis. Quicktax See Disclosure statement , later. Quicktax This exception will not apply to an item that is attributable to a tax shelter. Quicktax In addition, it will not apply if you fail to keep adequate books and records, or substantiate items properly. Quicktax Substantial understatement of income tax. Quicktax You understate your tax if the tax shown on your return is less than the correct tax. Quicktax The understatement is substantial if it is more than the larger of 10% of the correct tax or $5,000. Quicktax However, the amount of the understatement is reduced to the extent the understatement is due to: Substantial authority, or Adequate disclosure and a reasonable basis. Quicktax If an item on your return is attributable to a tax shelter, there is no reduction for an adequate disclosure. Quicktax However, there is a reduction for a position with substantial authority, but only if you reasonably believed that your tax treatment was more likely than not the proper treatment. Quicktax Substantial authority. Quicktax Whether there is or was substantial authority for the tax treatment of an item depends on the facts and circumstances. Quicktax Consideration will be given to court opinions, Treasury regulations, revenue rulings, revenue procedures, and notices and announcements issued by the IRS and published in the Internal Revenue Bulletin that involve the same or similar circumstances as yours. Quicktax Disclosure statement. Quicktax To adequately disclose the relevant facts about your tax treatment of an item, use Form 8275, Disclosure Statement. Quicktax You must also have a reasonable basis for treating the item the way you did. Quicktax In cases of substantial understatement only, items that meet the requirements of Revenue Procedure 2012-51, 2012-51 IRB 719 (or later update) are considered adequately disclosed on your return without filing Form 8275. Quicktax Use Form 8275-R, Regulation Disclosure Statement, to disclose items or positions contrary to regulations. Quicktax Transaction lacking economic substance. Quicktax For more information on economic substance, see section 7701(o). Quicktax Foreign financial asset. Quicktax For more information on undisclosed foreign financial assets, see section 6662(j) or the Instructions for Form 8938. Quicktax Reasonable cause. Quicktax You will not have to pay a penalty if you show a good reason (reasonable cause) for the way you treated an item. Quicktax You must also show that you acted in good faith. Quicktax This does not apply to a transaction that lacks economic substance. Quicktax Filing erroneous claim for refund or credit. Quicktax You may have to pay a penalty if you file an erroneous claim for refund or credit. Quicktax The penalty is equal to 20% of the disallowed amount of the claim, unless you can show a reasonable basis for the way you treated an item. Quicktax However, any disallowed amount due to a transaction that lacks economic substance will not be treated as having a reasonable basis. Quicktax The penalty will not be figured on any part of the disallowed amount of the claim that relates to the earned income credit or on which the accuracy-related or fraud penalties are charged. Quicktax Frivolous tax submission. Quicktax You may have to pay a penalty of $5,000 if you file a frivolous tax return or other frivolous submissions. Quicktax A frivolous tax return is one that does not include enough information to figure the correct tax or that contains information clearly showing that the tax you reported is substantially incorrect. Quicktax For more information on frivolous returns, frivolous submissions, and a list of positions that are identified as frivolous, see Notice 2010-33, 2010-17 IRB 609 available at www. Quicktax irs. Quicktax gov/irb/2010-17_irb/ar13. Quicktax html. Quicktax You will have to pay the penalty if you filed this kind of return or submission based on a frivolous position or a desire to delay or interfere with the administration of federal tax laws. Quicktax This includes altering or striking out the preprinted language above the space provided for your signature. Quicktax This penalty is added to any other penalty provided by law. Quicktax Fraud. Quicktax If there is any underpayment of tax on your return due to fraud, a penalty of 75% of the underpayment due to fraud will be added to your tax. Quicktax Failure to supply taxpayer identification number. Quicktax If you do not include your social security number (SSN) or individual taxpayer identification number (ITIN) or the SSN or ITIN of another person where required on a return, statement, or other document, you will be subject to a penalty of $50 for each failure. Quicktax You will also be subject to a penalty of $50 if you do not give your SSN or ITIN to another person when it is required on a return, statement, or other document. Quicktax For example, if you have a bank account that earns interest, you must give your SSN or ITIN to the bank. Quicktax The number must be shown on the Form 1099-INT or other statement the bank sends you. Quicktax If you do not give the bank your SSN or ITIN, you will be subject to the $50 penalty. Quicktax (You also may be subject to “backup” withholding of income tax. Quicktax ) You will not have to pay the penalty if you are able to show that the failure was due to reasonable cause and not willful neglect. Quicktax Criminal Penalties You may be subject to criminal prosecution (brought to trial) for actions such as: Tax evasion, Willful failure to file a return, supply information, or pay any tax due, Fraud and false statements, or Preparing and filing a fraudulent return. 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Quality Examination Process
The Quality Examination Process (QEP) is a systematic approach for engaging and involving Large Business and International (LB&I) Division taxpayers in the tax examination process, from the earliest planning stages through resolution of all issues and completion of the case.
QEP sets the foundation for improved communication between LB&I agents and taxpayers. QEP also supports greater consistency in the exam process.
LB&I has developed a new publication, “ Achieving Quality Examinations through Effective Planning, Execution and Resolution”. The publication outlines the LB&I examination process from start to finish, and it explains LB&I and taxpayer responsibilities for ensuring an efficient, effective examination. LB&I revenue agents will review the publication with taxpayers at the start of most new tax examinations.
Note: IRM Section 4.46 – LB&I Guide for Quality Examinations – is being updated to reflect these changes. Existing references to the Joint Audit Planning Process are being removed and replaced with information about the Quality Examination Process.
Page Last Reviewed or Updated: 16-Jan-2014
Quicktax Publication 510 - Additional Material Prev Up Next Home More Online Publications