How to Avoid Estimated Tax Penalties

Legal Tax Angles:

How to Save Taxes Without Going to Jail


If you have any income that is not subject to payroll withholding, you will most likely end up owing some taxes when you file your tax return. If your total earned income is less than $87,000 (in 2003) then you must also pay self employment taxes on any self employment profits. This web page is a collection of tips and articles about how to minimize your estimated taxes without getting hit with a costly penalty for underpaying your taxes.

A Beginner's Guide To Estimated Taxes

The great majority of people never have to cope with the problem of quarterly estimated taxes because their taxes are withheld by their employer. Most of them end up with more withholding than the taxes they owe and they get a refund after filing heir tax return. But anyone who has any reason to expect that they will owe more than $1,000 in extra taxes when they file their tax return is required to make quarterly estimated tax payments. If they don't make the quarterly payments, the government imposes a penalty of 8% to 9% a year in the form of non-deductible interest on the underpayment. 

But if your total taxes due after deducting any withholding is less than $1,000, there is no penalty for not making quarterly estimated tax payments. 

Anyone who is self employed is involved in a tax system in which there is no withholding. Instead, the self employed have to estimate how much taxable income they will have for the entire year (after all deductions), how much tax they will owe, how much they will be able to deduct for tax credits and how much they must pay in as quarterly estimates on April 15, June 15, September 15 and January 15. If they live in a state with state income taxes, they must also estimate their total state income taxes and make quarterly payments of those as well.

Not only do they have to estimate their federal and state income taxes, but they have to estimate their self employment taxes as well. The self employment tax is basically like the Social Security tax an employer withholds from the pay of an employee -- but the self employed must pay both the employee share and the employer share. The actual amount of the self employment tax for 2003 is 15.3% of the self employment income for the year. However, it does not apply to any self employment income in excess of $87,000 (for 2003). Only the Medicare portion (2.9%) is applicable to earnings above that level. 

In order to compute your estimated taxes you have two basic choices.

You can actually estimate your prospective income, expenses, income taxes and self employment taxes and then pay that amount to the government in four quarterly installments. However, if you underestimate, the federal government will charge you from 8% to 9% per year (it changes a little each quarter) for the underpayment. The penalty will apply to any underpayments in excess of 90% of the actual tax due. Thus, if your final tax bill is $20,000 and you have paid in $15,000, the penalty will be based on 90% of $5,000. Thus, you would pay a penalty of about 8.5% on $4,500 or about $360. 

To add insult to injury, if you file for an automatic extension to file your return and if your estimated tax payments are substantially less than the tax that is due, the IRS may assess a penalty of 5% per month for a late payment of your tax. The maximum late payment penalty is 25% of the tax due.

The other choice is to base your current estimate on the total amount (100%) of taxes you owed (before deducting any payments) in the prior tax year. So, if your total federal income tax and self employment tax for 2002 was $16,000 (in excess of any withholding), you can make three quarterly payments of $4,000 during 2003 and one on January 15, 2004 and you will owe no penalties for underpaying your 2003 estimated taxes. 

For those with an adjusted gross income of $150,000 or more, the minimum estimated tax payment for the year will be 112% of the tax due for 2001.  

How To Minimize Your Estimated Taxes

Perhaps it's overly obvious, but anything you can do to reduce your taxes for the year 2003  will also reduce the amount of estimated taxes you have to pay during 2004. It's as if every dollar of tax savings or deferral is doubled. You not only save taxes on your 2003 tax return but you also save an equal amount of estimated taxes for the year 2004 because you are reducing the amount you have to pay to avoid a penalty for 2004. 

If you have any income that is subject to withholding, and if you have some flexibility in requesting special adjustments in your withholding, then any overpayments of income taxes withheld will be applied to reduce your total unpaid tax and therefore the amount of estimated taxes you have to pay to avoid penalties.  If your employer would cooperate, you could have almost 100% of your pay at the end of the year paid as withholding and thereby avoid a penalty on an equal amount of underpaid taxes. 

If your spouse is employed and can make an adjustment in his or her withholding, that can also reduce your potential penalty for underpaying your estimated taxes. 

The underpayment of  estimated taxes is not a crime that will cause you to go to jail. It's simply a financial penalty to encourage you to pay up on time. But if you are in a situation where you would have to borrow from a credit card at 18% or more per year in order to make estimated tax payments, the interest rate on the estimated payments would be less costly. 

As a general rule, the easiest way to deal with estimated taxes is to base your estimate on 100% of the previous year's tax (before deducting any payments) and to then pay in that amount (minus any withholding) on a quarterly basis. 

But what if your income is erratic and you have very little income for the first half of the year and get some unexpected income in the last half of the year? Normally, the estimated tax is computed for the entire year and is then assumed to be due equally for each calendar quarter. But when you file your tax return, there is an option that few people use or even know about. You can compute your income and your taxes on a cumulative quarterly basis. So if you have little or no income in the first two quarters, you would not owe any penalties for failing to make payments in those quarters. Any experienced tax preparer who uses one of the better tax preparation programs should be able to help you with this calculation. If a tax preparer tells you that you can't do this, get another tax preparer. 

Vern Jacobs

Copyright, 2003


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Caution:  While the information in this web site is believed to be from reliable sources and is believed to be accurate, it is not intended to represent legal, tax or financial advice for any reader of any part of this web site. Due to frequent changes in the laws, new court cases and differences of opinion among professional advisors, readers should not rely on this information without the help of a qualified professional advisor.