Taxpayer & Practitioner
Penalties
Master the civil and criminal penalties that apply to taxpayers and tax practitioners, including accuracy-related penalties, fraud penalties, and preparer sanctions.
What Are Tax Penalties?
Tax penalties are monetary sanctions imposed by the IRS on taxpayers and tax practitioners who fail to comply with the Internal Revenue Code. They serve two purposes: deterrence and revenue protection.
Civil vs. Criminal Penalties
Why Penalties Matter on the CPA Exam
Penalty questions appear frequently on the REG section. You must know the specific penalty rates, the triggers that cause each penalty, and the defenses available to taxpayers and practitioners.
Failure to File vs. Failure to Pay
Accuracy-Related Penalties: \( 20\% \)
The accuracy-related penalty under IRC §6662 imposes a \( 20\% \) penalty on the underpayment attributable to certain causes. These are the most frequently tested taxpayer penalties.
The Civil Fraud Penalty: \( 75\% \)
Taxpayer Defenses Against Penalties
| Defense | Applies To | Effect |
|---|---|---|
| Reasonable Cause | Filing / payment / accuracy | Eliminates penalty |
| Substantial Authority | Substantial understatement | Eliminates \( 20\% \) penalty |
| Adequate Disclosure | Negligence / understatement | Reduces or eliminates |
| Reliance on Advisor | All accuracy penalties | May eliminate if qualified |
Practitioner Penalties: IRC §6694
Tax return preparers face two tiers of penalties under IRC §6694 for understating a taxpayer's liability. The tier depends on the level of culpability.
Additional Preparer Penalties
Circular 230: Professional Standards
Treasury Department Circular 230 governs practice before the IRS. Violations can result in censure, suspension, disbarment, or monetary penalties, which generally cannot exceed the gross income derived from the conduct.
Identifying Penalties: Step-by-Step
Example 1: Late Filing
Example 2: Substantial Understatement
Example 3: Preparer Penalty
Common Mistakes
Penalty Summary Table
| Penalty | Rate / Amount | IRC Section | Target |
|---|---|---|---|
| Failure to File | \( 5\% \)/month (max \( 25\% \)) | §6651(a)(1) | Taxpayer |
| Failure to Pay | \( 0.5\% \)/month (max \( 25\% \)) | §6651(a)(2) | Taxpayer |
| Accuracy-Related | \( 20\% \) of underpayment | §6662 | Taxpayer |
| Civil Fraud | \( 75\% \) of underpayment | §6663 | Taxpayer |
| Unreasonable Position | \( \$1{,}000 \) or \( 50\% \) fee | §6694(a) | Preparer |
| Willful / Reckless | \( \$5{,}000 \) or \( 75\% \) fee | §6694(b) | Preparer |
Question 1 of 5
A taxpayer files their return 4 months late with no reasonable cause. The unpaid tax is \( \$8{,}000 \). What is the failure-to-file penalty (before any reduction for failure-to-pay)?
Question 2 of 5
Which of the following is not an accuracy-related penalty under IRC §6662?
Question 3 of 5
A CPA willfully understated a client's tax liability and earned \( \$4{,}000 \) in fees. What is the preparer penalty under IRC §6694(b)?
Question 4 of 5
A taxpayer's correct liability is \( \$60{,}000 \). They reported \( \$47{,}000 \). The position had substantial authority. Is the accuracy-related penalty applicable?
Question 5 of 5
Under Circular 230, which sanction can the Office of Professional Responsibility impose on a practitioner who violates its standards?