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April 17, 2023
Question

Why am i paying a penalty?

  • April 17, 2023
  • 2 replies
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Hi - I am a contractor with highly variable income (150K - 400K annual) , I pay my estimated taxes @3067_2% rateon time based on the income I receive each quarter.  My husband's company did not withhold sufficient taxes for his portion of the our married filing jointly income, however, according to form 2210, we paid over the annualized minimum requirements.  I got a bit lost in all the 2210 mess, but how to I prevent future year underpayment penalties when my income is so variable and my husband can just check a box on his work forms so has no other control?  What detailed forms in Turbo Tax do I need to go through to understand if I should be asking for a waiver of the penalty?

thank you.  

2 replies

April 17, 2023

there are safe harbors for 2023 

***************
There will be no federal penalties for not paying in enough taxes during the year if your withholding
1) and timely estimated tax payments equal or exceed 90% of your 2023 tax or
2) and timely estimated tax payments equal or exceed 100% of your 2022 tax (110% if your 2022 adjusted gross income was more than $150K) or
3) the balance due after subtracting taxes withheld from 90% of your 2023 tax is less than $1,000 or
4) your total taxes are less than $1,000

The lower of 1 or 2 is your required annual income tax payments. 1 is difficult to know until the year end so generally option 2 is the safer option. under the simplified method 25% of the taxes required under whichever option you are using must be paid in each quarter by 4/18, 6/15, 9/15 and 1/15/24.  (so if option 1 25% of 90% which is 22.5%) unless you can show otherwise 25% of you annual withholding is assume to occur in each quarter.

failing this and being subject to penalties you can use the annualized installment income method. (see the AI schedule on form 2210)
this method requires knowing your income and deductions thru 3/31, then 5/31, then 8/31, and finally year end which should be the same as the tax return. the income, deductions and self employment income are annualized. taxes are computed on the annualized amounts and then de-annualized. then you must enter certain additional taxes and credits for the period to get to the net annualized tax. this tax is then deannualized (line 20 of schedule AI).  your tax payments for each period must equal or exceed these amounts to avoid penalties. 

fanfare
Employee
April 17, 2023

" ... based on the income I receive each quarter."

 

Form 2210 requires evenly spread estimated tax installments.

That's why you have a penalty.

 

What is your 2022 tax ?
If your estimated tax + withholding is each period 25 % of that amount ( x 1.10 if your AGI is over 150,000)
you will avoid an underpayment of estimated tax penalty in 2023.

This is the prior year's tax rule for estimated tax.

 

April 18th is the due date for the first 2023 Estimated Tax installment.

 

@nmpyron 

fanfare
Employee
April 17, 2023

You can try Schedule AI to reduce or eliminate the penalty,

I found it to be too complex so I gave up.

 

@nmpyron 

April 17, 2023

The easiest way would be to make sure you paid in over 110% of your previous years tax liability.  So, if for 2021 you had a tax liability on line 18 of $30,000, you would need to be sure that you paid $33,000 for 2022. And although technically, you should be able to spread that out evenly over the 4 quarters, you would be best to pay as much earlier in the year as you can.  Also, be sure you make the payment deadlines.  Like the first quarter payment is due on April 18th.  Be sure to pay it by this Wednesday, otherwise it is considered late.  

 

You can also increase your husbands withholdings by having an additional amount withheld or having him change his W4 to Married but withhold at the higher rate.  His employer probably didn't under withhold for his pay, but when you combine his pay with yours then it wasn't enough. 

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nmpyronAuthor
April 17, 2023

ah.  well, as i said, i cannot afford to make the payments based on 2022 because my estimated payments will be more than my annual income.  

 

i'll tell my husband to increase his withholding ... but i would still like to know if i should fight the penalty and fill out the confusing AI form 🙂

 

thx

fanfare
Employee
April 17, 2023

it is estimated tax + withholding.

 

you can reduce the amount you pay by the amount he pays.

 

See also the 90% of 2023 tax rule

Whichever is smaller is sufficient.

Form 2210 requires evenly spread estimated tax installments.

 

@nmpyron