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I mailed my return on nov 15 after filing an extension the…

I mailed my return on...
I mailed my return on nov 15 after filing an extension the irs said I filed late and sent me a bill for filing late. I have an installment agreement and I have 12 payments left. I feel like this is an error and don’t want my installment agreement cancelled. I mailed regular mail no receipt. I know irs will cancel my agreement I if I have anything due. I mailed my state return the same time and they got it post marked on the 16th. What should I do
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Answered in 20 minutes by:
11/28/2017
Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 31,303
Experience: Taxes, Immigration, Labor Relations
Verified

The filing deadline for 2016 tax return was Apr 18, 2017.

April 15 was a Saturday, the 16th was a Sunday, and April 17 was Emancipation Day.

If you timely filed extension request - it is automatically granted till for additional 6 months.

You have until October 16, 2017 to file your return if you filed a request for an extension on or before April 18.

If you files AFTER that date - on Nov, 15, 2017 - that filing will be considered late regardless of your extension.

Please note - that is extension for FILE - not to pay tax liability.

The deadline to pay your tax liability is still Apr 18, 2017 and the penalty is started from that date..

That likely why the IRS is charging late filing penalty.

Sorry for your situation.

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Customer reply replied 2 months ago
Actually it was 10/15 not November 15. Sorry for the confusion. Still got hit with late filing and am worried they will cancel my installment agreement
Customer reply replied 2 months ago
I paid all interest and penalties plus some.
Barbara
Barbara, Enrolled Agent
Category: Tax
Satisfied Customers: 4,807
Experience: 20+ years of experience in tax preparation; 30+ years of experience as a real estate/corporate paralegal.
Verified

Different expert here - my name is ***** ***** please allow me to answer your specific question about whether your current installment agreement will be cancelled.

Even though you filed late, your current installment agreement will NOT be cancelled because you paid the amount you owed when you filed your return. The fact that you were assessed a late filing penalty by the IRS will also NOT cause your current installment agreement to be cancelled.

Installment agreements are automatically defaulted (cancelled) when you file a return and do not pay the amount owed. This is not the case with you.

Please know that even if the IRS cancels an installment agreement, it is very easy to have it reinstated.

There is nothing for you to worry about.

Please let me know if I can assist you further.

Thank you and best regards,

Barb

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Customer reply replied 2 months ago
I’m afraid that’s not correct. The irs will look at any new balance owed as not fulfilling your agreement and that includes any penalties from late filing. The fact that you think everything ok is a horrible answer. The question was really slanted towards can I get the late filing fee abated for reasonable causes.
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,700
Experience: 15years with H & R Block. Divisional leader, Instructor
Verified

can I get the late filing fee abated for reasonable causes.

The IRS will consider any sound reason for failing to file a tax return, make a deposit, or pay tax when due. Sound reasons, if established, include:

  • Fire, casualty, natural disaster or other disturbances
  • Inability to obtain records
  • Death, serious illness, incapacitation or unavoidable absence of the taxpayer or a member of the taxpayer’s immediate family
  • Other reason which establishes that you used all ordinary business care and prudence to meet your Federal tax obligations but were nevertheless unable to do so.

What facts and circumstances prevented you from filing your return or paying your tax during the period of time you did not file and/or pay your taxes timely? It appears you did file timely but did not pay timely. If it is a late filing penalty then your receipt for mailing (if you mailed) or proof of e-file acceptance would be used.

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Customer reply replied 2 months ago
Thanks for your reply. I called them they would not abate the penalty because I couldn’t prove they were wrong. I paid the penalty and spoke to them about my installment agreement. I kept it enforce which is all I wanted. Lesson learned , don’t mail
The return regular mail. Costly lesson learned. I d

You are most welcome.

The installment agreement is important and I can see where you would be worried about that but the IRS will keep those as long as the taxpayer responds to them and works with the tax rules.

Please let me know if I can assist you again. I am sincerely ***** ***** your situation worked out (for the installment)

A positive 5 star rating is appreciated so I am credited for assisting.

Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,700
Experience: 15years with H & R Block. Divisional leader, Instructor
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Robin D.
Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 16,700
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