970.498.4960


Estimated tax rules for individuals

I had lots of questions this year regarding why it is necessary to make estimated tax payments and the applicable rules for paying the minimum amount of estimated tax without triggering the penalty for underpayment of estimated tax.

Individuals must pay 25% of a “required annual payment” by Apr. 15, June 15, Sept. 15, and Jan. 15, to avoid an underpayment penalty. (When that date falls on a weekend or holiday, the payment is due on the next business day). The required annual payment for most individuals is the lower of 90% of the tax shown on the current year's return or 100% of the tax shown on the return for the previous year. Higher income individuals must meet a tougher requirement. For 2007 estimated tax payments, if the adjusted gross income on your 2006 return was over $150,000 (over $75,000 if you are married filing separately), you must pay the lower of 90% of your 2007 tax or 110% of your 2006 tax. Most people who receive the bulk of their income in the form of wages satisfy these payment requirements through the tax withheld by their employer from their pay check.

If you fail to make the required payments, you may be subject to an underpayment penalty. The penalty equals the product of the interest rate charged by IRS on deficiencies (8% for the 2nd quarter of 2007), times the amount of the underpayment for the period of the underpayment. The penalty is avoided if you meet certain specified exceptions or waivers, described below.

Most people who must make estimated tax payments do so in four installments. In other words, the required annual payment is divided by four, and four equal payments are made by the Apr., June, Sept., and Jan. payment dates. But you may be able to make smaller payments under the annualized income method. This method is useful to people whose income flow is not uniform over the year, perhaps because of a seasonal business. For example, if your income comes exclusively from a business that you operate in a resort area during June, July, and Aug., no estimated payment is required before Sept. 15. You may also want to use the annualized income method if a significant portion of your income comes from capital gains on the sale of securities which you sell at various times during the year.

The underpayment penalty doesn't apply to you:

(1) if the amount of tax you put down on your return is less than $1,000 after subtracting withholding tax paid;

(2) if you were a U.S. citizen or resident for the entire preceding year, that year was 12 months, and you had no tax liability for that year;

(3) if you are a farmer or fisherman and pay your entire estimated tax by Jan. 15 of the following year, or pay your entire estimated tax by Mar. 1 of the following year and also file your tax return by that date; or

(4) for the fourth (Jan. 15) installment, if you aren't a farmer or fisherman, file your return by Jan. 31 of the following year, and pay your tax in full.

In addition, the IRS may waive the penalty if the failure to pay enough in estimated tax was due to casualty, disaster, or other unusual circumstances and it would be inequitable or against good conscience to impose the penalty. The penalty can also be waived for reasonable cause during the first two years after you retire (after reaching age 62) or become disabled.

If you think you may be eligible to determine your estimated tax payments under the annualized income method, or you have any other specific questions about how the estimated tax rules apply to your particular circumstances, please give me a call.

 

The information presented in the Tax Newsletter is only of a general nature, may omit many details and special rules, is current only as of its published date, and accordingly, cannot be regarded as legal or tax advice. Please contact your tax advisor for more information on the subject and how it pertains to your specific situation.

For more information
Click here for current and previous federal underpayment interest rates.

For Colorado's individual estimated tax rules, review FYI Income 51.