Amended Returns & Form 1040X
This is archived information that pertains only to the 2002 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.
How long do I have to file an amended return?
Generally, Form 1040X (PDF), Amended U.S. Individual Income Tax Return, must be filed within 3 years of the due date of the original return or within 2 years of the date you paid the tax, whichever is later.
There are exceptions to this rule for certain items such as net operating losses, general business credit carrybacks, bad debts, and worthless securities. Please review the instructions to Form 1040X for exceptions.
References:
1.5 IRS Procedures: Collection Procedural Questions
What kind of penalties and interest will I be charged for paying and filing my taxes late?
Interest, compounded daily, is charged on any unpaid tax from the due date of the return until the date of payment. The interest rate is the federal short-term rate plus 3 percent. That rate is determined every three months.
For current interest rates, go to News Releases and Fact Sheets and find the most recent Internal Revenue release entitled Quarterly Interest Rates.
In addition, if you filed on time but didn't pay on time, you'll generally have to pay a late payment penalty of one-half of one percent of the tax owed for each month, or part of a month, that the tax remains unpaid after the due date, not exceeding 25 percent. However, you will not have to pay the penalty if you can show reasonable cause for the failure. The one-half of one percent rate increases to one percent if the tax remains unpaid after several bills have been sent to you and the IRS issues a notice of intent to levy.
Beginning January 1, 2000, if you filed a timely return and are paying your tax pursuant to an installment agreement, the penalty is one-quarter of one percent for each month, or part of a month, that the installment agreement is in effect.
If you did not file on time and owe tax, you may owe an additional penalty for failure to file unless you can show reasonable cause. The combined penalty is 5 percent (4.5% late filing, 0.5% late payment) for each month, or part of a month, that your return was late, up to 25%. The late filing penalty applies to the net amount due, which is the tax shown on your return and any additional tax found to be due, as reduced by any credits for withholding and estimated tax and any timely payments made with the return. After five months, if you still have not paid, the 0.5% failure-to-pay penalty continues to run, up to 25%, until the tax is paid. Thus, the total penalty for failure to file and pay can be 47.5% (22.5% late filing, 25% late payment) of the tax owed. Also, if your return was over 60 days late, the minimum failure-to-file penalty is the smaller of $100 or 100% of the tax required to be shown on the return.
Also, refer to Tax Topic 653, IRS Notices and Bills and Penalty and Interest Charges.
References:
1.7 IRS Procedures: Extensions
If I won't be able to finish my return by April 15, can I get an extension?
Yes. You can get an extension by filing Form 4868 (PDF), Extension of Time To File U.S. Individual Income Tax Return, by the due date. By filing the extension, you avoid the late filing penalty. However, Form 4868 does not extend the time to pay your income tax. For more details, refer to Tax Topic 304, Extensions of Time to File Your Tax Return.
Special rules apply to U.S. citizens and residents whose home and main place of business or post of duty are outside the United States or Puerto Rico on the return due date, April 15. For more information, refer to Publication 54 (PDF), Tax Guide for U.S. Citizens and Resident Aliens Abroad.
References:
- Publication 54 (PDF), Tax Guide for U.S. Citizens and Resident Aliens Abroad
- Form 4868 (PDF), Extension of Time To File U.S. Individual Income Tax Return
- Tax Topic 304, Extensions of Time to File Your Tax Return
What form do I fill out to request an extension to file my individual income tax return?
The form to file for an extension of time to time to file your Forms 1040, 1040A, or 1040EZ, is Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return. You must file Form 4868 by the due date of the return. The automatic extension is a four-month extension.
An extension of time to file is not an extension of time to pay. You must make an accurate estimate of your tax and send any necessary payment with your Form 4868. If you find you cannot pay the full amount due with Form 4868, you can still get the extension. You will owe interest on the unpaid amount.
You will be billed for a late payment penalty (which equals one-half of one percent of the unpaid tax for each month from the original due date of payment), unless at least 90 percent of the actual tax liability was paid prior to the original due date of the return through withholding on wages, estimated tax payments, or any payment accompanying the Form 4868. However, you will not have to pay the penalty if you can show reasonable cause for the failure to pay.
If you qualify for the automatic four month extension and you later find that you are not able to file within the four month extension period, you may be able to get 2 more months to file, for a total of 6 months. To apply for an additional extension either write a letter to the IRS or file Form 2688 (PDF), Application for Additional Extension of Time To File U.S. Individual Income Tax Return. You should ask for the extension early so that, if it is not approved, you still will be able to file on time. Refer to Publication 17 (PDF), Your Federal Income Tax, for additional information on filing extensions for your individual tax returns.
References:
- Publication 17 (PDF), Your Federal Income Tax
- Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return
- Form 2688 (PDF), Application for Additional Extension of Time To File U.S. Individual Income Tax Return
If you need an extension to file past April 15th and know that you will receive a refund after completion, do you still have to fill out Form 4868?
Yes, you should file a Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return, to extend your time to file even if you are due a refund.
If there is a subsequent adjustment to a late filed return that results in an underpayment of tax, you may be assessed a penalty for failure to file on time. The penalty is usually 5% for each month or part of a month that the return is late, but not exceeding 25%. An example of a subsequent adjustment that results in an underpayment of tax is an examination of your return with changes that increase your total tax owed.
References:
- Publication 17 (PDF), Your Federal Income Tax
- Form 4868 (PDF), Application for Automatic Extension of Time To File U.S. Individual Income Tax Return
If you don't owe any money, do you have to file a tax return? If you are late filing, without an extension, and have a refund coming back, how much are you penalized? How long can you make claim to that money?
Whether you have to file a tax return depends on your filing status, age, and gross income. For more information refer to Publication 501 (PDF), Exemptions, Standard Deduction, and Filing Information. You are required to file even if you are going to get a refund. Even if you are not required to file, you need to file if you are due a refund from income tax withheld from your pay, or you qualify for the earned income credit or the additional child tax credit.
Late filing penalties are based on the amount owed. If you have a refund coming there will be no penalty.
While you may file the original tax return at any time, the amount of any refund cannot be more than any tax paid within the 3-year period (plus any extension of time for filing your return) immediately before you filed the claim. (The time you file your claim may be based on the postmark date for this purpose.) Income tax withheld from wages and estimated income tax payments (made before the due date without regard to extensions for the original return) are considered paid on the due date.
References:
The deadline for filing a return has passed and I did not file for an extension. What should I do?
You need to file the tax return as soon as possible. If any taxes are owed, pay them with your return. If you are unable to pay the amount in full, refer to Tax Topic 202, What To Do If You Can't Pay Your Tax.
References:
I'm expecting a refund, but I have not filed my return and the deadline has passed. Will a late penalty be charged?
If there is a refund due to you, no penalty for late filing will be charged. The penalty is based upon the unpaid taxes as of the due date of the return. Be aware there is a deadline for claiming a refund. While you may file the original tax return at any time, the amount of any refund cannot be more than any tax paid within the 3-year period (plus any extension of time for filing your return) immediately before you filed the claim. (The time you file your claim may be based on the postmark date for this purpose.). Income tax withheld from wages and estimated income tax payments (made before the due date without regard to extensions of the original return) are considered paid on the due date.
If I mailed my return in after April 15th, would the return be considered received on the day it was postmarked or the day the IRS received it?
A return delivered to the Service by U.S. mail after the due date for the return is considered timely filed only if the return was postmarked on or before the due date of the return. For example, an income tax return postmarked April 18th and received by the Service on April 20th is considered filed on April 20. Refer to Internal Revenue Code 7502(a). This rule includes dates marked or recorded by any private delivery service designated by the Service. If April 15th falls on a Saturday, Sunday, or holiday, the return is considered timely if it is postmarked on the next business day.
References:
- Internal Revenue Code 7502(a)
I've been told that payment of taxes can be deferred until August. I've also been told that payment is due April 15th and the extension is just for follow-up paperwork. Which is correct? Is it possible to file an extension for payment of taxes due?
If you are unable to file your individual tax return by the due date, you may get an automatic 4-month extension of time by filing Form 4868 (PDF), Application for Automatic Extension of Time to File for U.S. Individual Income Tax Returns, before the due date, usually April 15. By filing this form, you can avoid a late filing penalty. However, this extension does not give you more time to pay the tax you owe. It is only an extension of time to file your return. If you need an extension of time to file, you need to estimate how much tax, if any, you'll owe, and include that payment with your Form 4868.
If you are a U.S. citizen, resident or a member of the armed forces, whose home and main place of business or post of duty are outside the U.S. and Puerto Rico on the return due date, you are allowed an automatic extension until June 15, to file your return and pay any tax due. If you use this automatic extension, you must attach a statement to your return saying that your home and your main place of business or post of duty are outside the U.S. and Puerto Rico on the due date of your return.
References:
If I file for an extension, do I still have to send in any money I think I might owe by the April 15th date, or can I wait until I know exactly what I owe or don't owe and send it in by the extension due date?
If you need an extension of time to file, you need to estimate how much tax, if any, you'll owe on Form 4868 (PDF), Application for Automatic Extension of Time to File for U.S. Individual Income Tax Returns. You do not have to pay the amount of the estimate in order to obtain the extension. However, the extension does not give you more time to pay the tax you owe; it is only an extension of time to file your return. If you owe any amount of tax when you file your return, you will be charged interest on that unpaid balance from the original due date of the return. You will also be charged a late payment penalty if the unpaid balance is more than 10 percent of your actual tax liability unless you have reasonable cause for the failure to pay.
References:
I filed an extension in April and still owe the IRS. I want to pay the money before the August deadline to file. Do I need to fill out a form to send in with my check? Where do I send the check? What are the penalties, interest due for not paying by April 15th?
Interest will be assessed from the due date of the return. When you file your return, simply pay the amount due. The IRS will send a notice of the interest due. You will also be charged a late payment penalty if the unpaid balance is more than 10 percent of your actual tax liability unless you have reasonable cause for the failure to pay.
References:
I am filing my U.S. tax return from the U.K. and am eligible for the automatic 2-month extension. Do my forms need to be in Philadelphia by June 15th, or do they just need to be postmarked by June 15th?
Your return must be postmarked by June 15.
References:
I will be vacationing overseas on April 15. Since I will be out of the country, do I qualify for the automatic 2-month extension?
No. You are allowed an automatic 2-month extension (until June 15, if you use a calendar year) to file your return and pay any federal income tax that is due if you are a U.S. citizen or resident, only if:
- You are living outside of the United States and Puerto Rico, and your main place of business or post of duty is outside the United States and Puerto Rico, or
- You are in the military or naval service on duty outside the United States and Puerto Rico
Vacationing is a temporary status that does not meet the criteria for the automatic 2-month extension.
I filed an extension in April because I had not received a Form W-2. At the time, I estimated my cost and paid it. I still have not received a W-2, and my extension will expire soon. What should I do?
In general, employers must provide employees with a Form W-2 by January 31. If you have not received your Form W-2 you should:
First, contact your employer to find out if or when the W-2 was mailed. You may not have received your W-2 because of an incorrect or incomplete address. This can be checked and corrected when you talk to the employer.
If the W-2 was returned to the employer because of an address problem, or was not yet issued, allow a reasonable amount of time for the employer to re-mail or issue the W-2. Then, if you still do not receive your W-2, contact the IRS for assistance at 1-800-829-0922. When you call, you will need to give us the following information in order for us to prepare Form 4852 (PDF), Substitute for a Missing Form W-2.
- Your employer's name and complete address, including zip code, employer identification number (if known), and telephone number,
- Your name, address, including zip code, social security number, and telephone number; and
- An estimate of the wages you earned, the federal income tax withheld, and the period you worked for that employer. IRS will mail you a copy of Form 4852, but you should use it only if necessary to meet the filing deadline. If you file your return and attach Form 4852 instead of a W-2, your refund may be delayed while the information you gave us is verified.
If you receive a corrected W-2 after you file your return, and it does not agree with the income or withheld tax you reported on your return, you must file an amended return.
References:
- Form 4852 (PDF), Substitute for a Missing Form W-2
1.12 IRS Procedures: Refund Inquiries
Do you have to meet the tax filing deadline if you are getting a refund?
While you may file the original tax return at any time, the amount of any refund cannot be more than any tax paid within the 3-year period (plus any extension of time for filing your return) immediately before you filed the claim. (The time you file your claim may be based on the postmark date for this purpose). Income tax withheld from wages and estimated income tax payments (made before the due date without regard to extensions of the original return) are considered paid on the due date.
If there is a subsequent adjustment to a late filed return that results in an underpayment of tax, you may be assessed a penalty for failure to file on time. The penalty is usually 5% for each month or part of a month that the return is late, but not more than 25%. An example of a subsequent adjustment that results in an underpayment of tax is an examination of your return with changes that increase your total tax owed.
1.15 IRS Procedures: W-2 - Additional, Incorrect, Lost, Non-receipt, Omitted
What is the deadline for my employer to get my W-2 forms to me?
An employer is required to furnish a completed Form W-2 (copies B, C, and 2) to each employee showing their compensation and tax withholding amounts for the calendar year, generally, by January 31 of the next year. The employer may choose to "furnish" the completed W-2 in a manner other than mailing, but mailing a properly addressed form on or before the due date meets the "furnish" requirement.
References:
9.3 Estimated Tax: Individuals
When are the quarterly estimated tax returns due?
Your first estimated tax payment is usually due the 15th of April. You may pay the entire year's estimated tax at that time, or you may pay your estimated tax in four payments. The four payments are due April 15th, June 15th, September 15, and January 15th of the following year.
If the due date for making an estimated tax payment falls on a Saturday, Sunday, or legal holiday, the payment will be on time if you make it on the next day that is not a Saturday, Sunday, or legal holiday. For example, a payment due Sunday, June 15, 2003, will be on time if you make it by Monday, June 16, 2003.
References:
9.5 Estimated Tax: Penalty Questions
I was late mailing my estimated tax payment. To minimize the penalty, how do I compute the interest rate and late payment charges in order to send an additional check to the IRS as soon as possible?
The failure to pay estimated tax penalty is based upon the number of days that the payment is late and the current interest rate. Therefore, we cannot give a percentage that applies for all cases. To compute the amount of the estimated tax penalty you will need to refer to Publication 505 (PDF), Tax Withholding and Estimated Tax and Form 2210 (PDF), Underpayment of Estimated Tax by Individuals, Estates and Trusts for directions on computing the penalty. Since the computations can get rather complicated, you may want to just send in the estimated tax payment and wait for a bill from us for the penalty.
References:
- Publication 505 (PDF), Tax Withholding and Estimated Tax
- Form 2210 (PDF), Underpayment of Estimated Tax by Individuals, Estates and Trusts
12.3 Small Business/Self-Employed/Other Business: Form W-2, FICA, Medicare, Tips, Employee Benefits
Is it possible to get an extension for sending out W-2 forms? I was told the deadline is February 28th.
There are two deadlines for sending our Form W-2. You must furnish Form W-2 to your employees by January 31. To get an extension of the time to furnish your employees with Form W-2 you must send a letter on or before January 31st requesting the extension. Refer to the Instructions for Form W-2 and W-3 for the information that must be in the letter and mailing instructions.
The deadline for sending Forms W-2 with a Form W-3 to the Social Security Administration is the last day of February. If you terminate your business the date may be different. To get an extension of time to mail the Forms W-2 to the Social Security Administration file Form 8809 (PDF), Request for Extension of Time to File Information Returns, before the due date of the Forms W-2. If approved, you will have an additional 30 days to file.
References:
12.9 Small Business/Self-Employed/Other Business: Starting or Ending a Business
I am waiting for K-1s to file my return. What is due date for sending a K-1 to the partners/shareholders?
The due date for a K-1 is the same as the due date of a Partnership or S Corporation return that created the K-1. For example, if you are a partner in a partnership and the partnership return has a due date of April 15, 2002, then the due date for the K-1 is also April 15, 2002. You may wish to file an extension if you do not believe you will receive your K-1 in time to adequately prepare your return.
References:
What is the due date for business returns?
Some forms and entities have due dates other than the well-known April 15th due date. The instructions for the each type of form used will have the appropriate due date(s) noted. In general, sole proprietor's schedule of income and expenses is attached to the 1040. Therefore, the due date is the same as the 1040.
A Corporation must generally use the calendar year, unless the entity can establish a business purpose for having a different tax year. The due date is usually April 15th.
A partnership generally must conform its tax year to the tax year of the partners unless the partnership can establish a business purpose for having a different tax year. The tax year is the same as one or more partners that own (in total) more than a 50-percent interest in partnership profits and capital. If there is no majority interest tax year, the partnership must adopt the same tax year as that of its principal capital holder. Where neither condition is met, a partnership must use the calendar year. A Limited Liability Company reporting as a partnership has the same tax year as a majority of its partners.
References:
- Publication 541 (PDF), Partnerships
- Publication 542 (PDF), Corporation
- Publication 334 (PDF), Tax Guide for Small Business
- Entities: Sole Proprietor, Partnership, Limited Liability Company/Partnership (LLC/LLP), Corporation, Subchapter S Corporation
14.3 Electronic Filing and Tele-File: Due Dates & Extension Dates for e-file
I'm in the process of getting a name and social security number mismatch error corrected with the Social Security Administration. In the meantime, what can I do to avoid a penalty notice for not filing my tax return on time?
If there is not enough time before the due date to get the IRS records updated from the Social Security Administration, you will need to file a paper return by mail. For general information about e-file, refer to Tax Topic 252, Electronic Filing.
References:
I don't owe taxes. Can I file electronically after April 15th?
Yes, you can e-file until October 15th. If October 15th falls on a weekend or federal holiday, you have until midnight of the following business day to submit your return. That being said, to file after April 15th, you need to apply for an extension of time to file your return prior to April 15. For information about applying for an extension, see Form 4868 (PDF) , Application for Automatic Extension of Time to File US Individual Income Tax. For general information about e-file, refer to Tax Topic 304 Extension of Time to File Your Tax Return.
References:
How can I send in my tax return before April 15th when e-file won't accept a wrong social security number?
You can file a paper return. You will still need to fix the problem with the social security number in order to file electronically in the future. Contact the Social Security Administration at 1-800-772-1213. For general information about e-file, refer to Tax Topic 252, Electronic Filing.
References:
14.5 Electronic Filing and Tele-File: TeleFile
I don't owe taxes. Can I file using TeleFile after April 15th?
Yes, you can TeleFile until August 15th. If August 15th falls on a weekend or federal holiday, you have until midnight of the following business day to submit your return. That being said, to file after April 15th, you need to apply for an extension of time to file your return prior to April 15th. For information about applying for an extension, see Form 4868 (PDF) , Application for Automatic of Time to File US Individual Income Tax Return. For general information about TeleFile, refer to Tax Topic 255, TeleFile.
References:
- Tax Topic 255, TeleFile
- Form 4868 (PDF), Application for Automatic Extension of Time to File US Individual Income Tax Return
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