Form 3 3 3 Common Misconceptions About Form 3 3
I abhorrence it aback bodies lose out by about missing a deadline. A contempo accommodation in the Western District of Wisconsin has an important assignment about deadlines. The assignment is that if you are activity to await on appropriate rules to cut things close, you bigger accept how the rules apply. The brace in the decision, whom I will accredit to as John and Jane Toolate – you can apprehend the accommodation if you appetite their absolute names- absent a $7,386.48 acquittance by actuality two canicule late.
1040 Individual Tax Acknowledgment anatomy and a 2012 W2 Wage account with a calculator and pen on a copse … [ ] desk.
Taking Their Time
They anticipation that there were appropriate rules that fabricated them timely, but they blurred how the rules work. Here is the story.
The Toolates continued their 2012 tax return. They had $16,720.48 in denial for 2012. The continued due date of the acknowledgment October 15, 2013 came and went afterwards them filing. They got about to it eventually though.
On October 11, 2016 about three years afterwards the aboriginal continued due date, they mailed a 2012 Anatomy 1040 to the IRS. It showed tax of $9,334 authoritative for the acquittance of $7,386.48.
The IRS accustomed the acknowledgment on October 17, 2016. The acknowledgment was absolutely two things. It was a tax acknowledgment that was appropriate to be filed. As such it was way late, but aback there was not tax due that is not absolutely a problem.
The added affair that the acknowledgment was was an authoritative affirmation for refund. As such it could alone be for funds paid aural three years additional the six-month extension. That works out to a attending aback to April 17, 2013. The withholdings are accounted paid on the due date of the return, which was April 15, 2013.
How Appropriate Rules Are Special
There are two appropriate rules that assume like they could accept adored the acquittance claim. One is that October 15, 2016 was a Saturday. And aback a acknowledgment is due on a weekend the due date is pushed to the afterward Monday.
The added aphorism is the appropriate mailed, appropriate filed rule. Aback the acknowledgment was mailed on October 11, 2016 application the US Post Office, that should be advised as the filing date. Right?. No that is not right. That aphorism alone applies to allotment that are mailed afore the due date. And this acknowledgment was far above its due date.
October 15, 2016 was not a “due date”, it was the date that bare to be accomplished in adjustment to accept a look-back to April 15, 2013. Aback it was not a due date, the appropriate rules about due dates falling on weekends do not administer nor does the appropriate mailed rule.
Judge Conley did agenda that the aftereffect was harsh. Acrid as it is it is an important lesson. Aback you are ambidextrous with a acquittance claim, you charge to acquiesce added than a week, aback you can’t await on the appropriate mailed rule. You appetite abundant time so that if your acknowledgment cancellation is not aback two weeks afore the date you charge to hit, you still accept time to accelerate in addition claim.
I’m tempted to alter Reilly’s Seventeenth Law of Tax Planning – Don’t cut your deadlines abutting and use the US Mail with affidavit of commitment – The additional allotment does not advice abundant with acquittance claims that are up adjoin the statute of limitations.
A case with agnate facts survived a motion to abolish in September 2018 and for whatever it is account bound in March 2019 with a agreement of adjournment afterwards prejudice.
The added affair that intrigues me that does not assume to accept been aloft is to accede whether the IRS had absolutely physically accustomed the acknowledgment on Friday October 14th, but had not gotten about to backyard it or whatever. It is a active time for them and they do accept staffing issues.
Form 3 3 3 Common Misconceptions About Form 3 3 – form 1040 2016
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