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Common California FTB Delinquent Tax Penalties and Penalty Abatement

April 28, 2024 Uncategorized

Dealing with California FTB Delinquent Tax Penalties – A Practical Guide

You Missed a Tax Filing Deadline, Now What?

So, you missed a California tax filing or payment deadline – it happens, but don’t panic. The key is understanding the potential penalties, and taking swift action to minimize the damage. We’ll walk through the most common California Franchise Tax Board (FTB) penalties for delinquent taxes, and how to request penalty relief or abatement. But first, take a deep breath – this is solvable.

The Dreaded Delinquent Filing Penalty

One of the biggest penalties you may face is for failing to file your California tax return on time. Even if you can’t pay the full amount due, you must still file a return to avoid this costly penalty.Here’s how it breaks down: if you don’t file by the original due date (typically April 15 for individuals), the FTB can tack on a delinquent filing penalty of 5% of your unpaid tax – for each month or partial month your return is late. Ouch, that adds up quickly, with a maximum of 25% of your total tax bill.But wait, there’s more – if your tax due is $540 or less, the penalty is either $135 or 100% of the tax owed, whichever is less. So, if you owe $200 in taxes, your delinquent filing penalty could be the full $200! 2The lesson? File that return, even if you can’t pay yet. Dealing with the tax debt is better than compounding penalties.

The Infamous Failure to Pay Penalty

In addition to the delinquent filing penalty, you may also face failure to pay penalties if you file your return but don’t pay the full tax due by the deadline.This one is a double whammy – first, there’s a late payment penalty of 0.5% of your unpaid tax, per month (up to 25% maximum). On top of that, you’ll owe 5% of the unpaid tax right off the bat. Yikes!For example, if you owed $10,000 but didn’t pay until 6 months later, your penalties could look like:

  • 5% initial late payment penalty = $500
  • 6 months x 0.5% monthly penalty = $300
  • Total penalties = $800

That’s an 8% penalty just for being 6 months late on a $10,000 tax bill! The moral? Pay what you can, when you can – even partial payments help reduce these hefty penalties. 24

Estimated Tax Underpayment Penalties

If you’re self-employed or have significant income outside of your job’s withholding, you likely need to make quarterly estimated tax payments. Miss one of those payments (or underpay), and you could face yet another penalty from the FTB.The estimated tax penalty applies to any underpaid amount from the due date of the estimated payment until either:

  • The date you pay it, or
  • The due date of your tax return (whichever is earlier)

The penalty rate matches the FTB’s current interest rate – currently 8% for personal income tax underpayments as of 2024. Ouch again! 18

Other Costly Penalties to Avoid

There are a few more penalties that could come into play:

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
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Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.
  • Dishonored Payment Penalty: If your check bounces or electronic payment is rejected, you’ll owe 2% of the payment amount (or $25 if under $1,250). 13
  • Demand to File Penalty: Ignore the FTB’s demand to file a return, and they can assess a 25% penalty on your total tax due before credits/payments. Brutal! 13
  • Mandatory e-Pay Penalty: Once your tax liability exceeds $80,000 or estimated payments hit $20,000, you must pay electronically. Fail to do so, and it’s a 1% penalty. 13

The takeaway? Respond promptly to FTB notices, pay electronically when required, and don’t let your bank account get overdrawn when making payments. Every little mistake can cost you.

But I Had a Good Reason! Requesting Penalty Relief

Thankfully, the FTB does allow taxpayers to request penalty relief or abatement if you can show reasonable cause for your failure to file, pay, or properly estimate taxes.What qualifies as reasonable cause? Situations generally out of your control like:

  • Personal illness or injury
  • Natural disaster impacting your records/ability to comply
  • Incorrect advice from a tax professional
  • Unable to obtain records in a timely manner
  • Other circumstances that prevented compliance despite ordinary business care and prudence

The key is acting in good faith and providing solid documentation to support your reasonable cause claim. 414To request penalty abatement, you’ll need to file:

  • For Individuals: FTB Form 2917 – Reasonable Cause – Individual and Fiduciary Claim for Refund
  • For Businesses: FTB Form 2924 – Reasonable Cause – Business Entity Claim for Refund

Attach a detailed explanation and any supporting documents showing your reasonable cause. The FTB will consider your specific facts and circumstances in determining if you qualify for penalty relief.

New for 2023 – The One-Time Penalty Abatement

In a taxpayer-friendly move, California recently added a new “one-time abatement” option that allows qualifying taxpayers to have penalties cancelled just this once, without having to prove reasonable cause.To be eligible, you must:

  • Be an individual taxpayer (not a business)
  • Have paid or arranged to pay all other tax debts
  • Be compliant with all tax filing requirements
  • Not have received this one-time abatement before

If you meet those criteria, simply call 800-689-4776 or file FTB Form 2918 to request your one-time pass on penalties like failure to file or pay on time. Easy as that – no reasonable cause explanation needed! 12

Don’t Let Penalties Spiral Out of Control

At the end of the day, the best way to avoid these penalties is to file and pay your California taxes on time every year. But if you do fall behind, don’t stick your head in the sand!The longer you wait, the more those penalties will pile up with interest compounding daily. Take control of the situation by:

  • Filing all delinquent returns immediately, even if you can’t pay yet
  • Making any payments you can afford to minimize additional penalties
  • Requesting an installment agreement if you need more time
  • Claiming reasonable cause or the one-time abatement for penalty relief

The FTB staff is generally willing to work with you and abate penalties, as long as you make an honest effort to get compliant. But avoiding them altogether is far easier and cheaper.So file on time, pay what you can when you can, and take advantage of the reasonable cause and one-time abatement options if you need penalty relief. With some discipline and the right strategy, those penalties don’t have to break the bank.

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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