chapter 2 tax
Chapter 2: Tax
Taxpayer Filing Requirements
Taxpayers must file a return if gross income exceeds the income threshold.
Income thresholds vary based on:
Filing Status: Individual, married, etc.
Inflation: Adjustments made annually.
Self-Employed and Dependents: Typically lower thresholds for these categories.
Tax Return Due Dates and Implications
Deadline for Filing: April 15.
If Tax Overpaid: Options include:
Refund.
Application of excess to the next period.
If Tax Underpaid: Taxpayers will receive:
A reminder for payment.
Potential penalties.
Extension for Filing: Taxpayers can request a 6-month extension; however, this does not delay payment obligations.
Penalties for Non-Filing:
Failure to file may incur a penalty of 5% of unpaid tax per month, with a maximum penalty of 25%.
If no taxes are owed, there is no penalty.
Statute of Limitations
Amending Returns or IRS Assessments: 3 years from the date the return was filed or the due date (whichever is longer).
For Gross Income Exceedance: If income is understated by 25% or more, the statute extends to 6 years.
Fraudulent Activity: The statute does not apply if the taxpayer commits fraud or fails to file a return.
Positions on Returns
Taxpayers must claim a position on their tax return with:
Substantial Authority: Strong justification for the position taken.
Reasonable Basis for Position: Must be disclosed on tax returns.
Tax Law Sources
Primary Sources
Legislative:
The US Constitution.
The Internal Revenue Code of 1986 (including tax treaties).
Judicial:
Courts interpret the code and resolve disputes:
Supreme Court: Highest tax authority, does not create laws but can rule laws as unconstitutional.
Other courts include:
US Circuit Court of Appeals (13).
US Tax Court.
US Court of Federal Claims.
US District Court.
Administrative:
Treasury Regulations: Interpretations of tax law.
Revenue Rulings: Specific applications of tax code in various scenarios.
Revenue Procedures: IRS practices and procedures.
Letter Rulings: IRS determinations on particular transactions.
Secondary Sources
Resources such as books, textbooks, and other educational materials.