You cannot go to jail for making a mistake or filing your tax return incorrectly. However, if your taxes are wrong by design and you intentionally leave off items that should be included, the IRS can look at that action as fraudulent, and a criminal suit can be instituted against you.
If you do need to make a correction, file an amended tax return, also known as a Form 1040-X. You can use a 1040-X to submit additional or updated information to the IRS and to attach another form to your tax return. Pay any additional tax owed as quickly as possible to avoid accruing interest.
It is a federal crime to commit tax fraud and you can be fined substantial penalties and face jail time. Lying on your tax return means you committed tax fraud. The consequences of committing tax fraud vary from case to case.
What Is The Penalty For An Incorrect Tax Return? There is no specific penalty for an incorrect tax return. However, penalties can apply to your incorrect tax return. For instance, if you have to pay more tax, more penalties will apply in correlation to the increase in tax.
In general, no, you cannot go to jail for owing the IRS. Back taxes are a surprisingly common occurrence. In fact, according to 2018 data, 14 million Americans were behind on their taxes, with a combined value of $131 billion!
Remember that the IRS will catch many errors itself
For example, if the mistake you realize you've made has to do with math, it's no big deal: The IRS will catch and automatically fix simple addition or subtraction errors. And if you forgot to send in a document, the IRS will usually reach out in writing to request it.
If you realize there was a mistake on your return, you can amend it using Form 1040-X, Amended U.S. Individual Income Tax Return. For example, a change to your filing status, income, deductions, credits, or tax liability means you need to amend your return.
IRS Notification
You'll likely receive a letter in the mail notifying you of the error, and the IRS will automatically adjust it. If, however, your mistake is more serious -- such as underreporting income -- you could be headed for an audit. Many audits start with a letter requesting more information or verification.
Summary. Basically, an audit isn't going to look beyond three years if there are just minor infractions. The IRS won't bother going past two years most of the time. The audit could look back as far as six years if it's found that the amount of income omitted from a tax return was over 25% of your gross income.
It may take the IRS up to 16 weeks to process amended returns. File Form 1040-X to amend. Taxpayers must file on paper using Form 1040-X, Amended U.S. Individual Income Tax Return, to correct their tax return.
If the IRS finds that you were negligent in making a mistake on your tax return, then it can assess a 20% penalty on top of the tax you owe as a result of the audit. This additional penalty is intended to encourage taxpayers to take ordinary care in preparing their tax returns.
Under reporting is the deliberate criminal act of reporting less income or revenue than was actually received. The tax loss revenue that results from under reporting may ultimately slash the funds that Social Security, Medicare, and other federal programs need to finance their outgoing expenditures.
Civil Penalties
If the IRS concludes that you knowingly claimed a false dependent, they can assess a civil penalty of 20% of your understood tax. However, if the IRS believes that you have committed fraud on your false deduction, it can assess a penalty of 75% to your understood tax.
The Short Answer: Yes. The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.
Not reporting cash income or payments received for contract work can lead to hefty fines and penalties from the Internal Revenue Service on top of the tax bill you owe. Purposeful evasion can even land you in jail, so get your tax situation straightened out as soon as possible, even if you are years behind.
Failing to Report All Taxable Income
A mismatch sends up a red flag and causes the IRS computers to spit out a bill. If you receive a 1099 showing income that isn't yours or listing incorrect income, get the issuer to file a correct form with the IRS.
Red flags may include excessive write-offs compared with income, unreported earnings, refundable tax credits and more. “My best advice is that you're only as good as your receipts,” said John Apisa, a CPA and partner at PKF O'Connor Davies LLP.
The Failure to Pay Penalty is 0.5% of the unpaid taxes for each month or part of a month the tax remains unpaid. The penalty won't exceed 25% of your unpaid taxes.
If you used TurboTax Online, simply log in to your account and select “Amend a return that was filed and accepted.” If you used our CD/download product, sign back into your return and select “Amend a filed return.” You must file a separate Form 1040-X for each tax return you are amending.
If you attempt to file your return twice, the IRS will reject the return and return it with an error code and explanation. The IRS typically uses error code 0515 or IND-515 to inform the sender that the taxpayer already filed a tax return for the same year using the same Social Security number.
Simply put, if you owe a large sum in taxes, it's likely because you kept too much of your paycheck during the year and had too little withheld automatically. If you owe more than $1,000, you also have to pay a penalty to the IRS.
Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.
There is generally a 10-year time limit on collecting taxes, penalties, and interest for each year you did not file. However, if you do not file taxes, the period of limitations on collections does not begin to run until the IRS makes a deficiency assessment.