What is the Penalty for Filing Taxes Late if You Owe Nothing in CA? (2024)

Ensuring that you meet all of the requirements of annual tax filings can be complicated, even if you don’t owe the government any money. Regardless of your tax situation, you should be aware of the ramifications of your tax filing decisions well in advance of making them. Having a comprehensive understanding of the finer points of the tax code can prepare you ahead of time so that you are never caught off-guard.

Californians who don’t owe money to the government usually won’t face penalties if they file their taxes late. However, the later you file your taxes, the more time it will take before you see your return. If you wait too long, the government may simply absorb your unclaimed refund, leaving you with nothing. If you are planning to file late, you can file for an extension to avoid these consequences. Even if you believe that you may owe no taxes, you should consult with a tax attorney to be sure, because the government will penalize you for failing to file or pay on an outstanding balance whether you are aware of it or not.

Concerned about your tax filing status? The California tax attorneys at NewPoint Law Group, LLP can answer all of your questions. If there is even the slightest doubt in your head, it is in your best interest to double-check with a tax law professional so that you don’t get caught off-guard by a government audit or worse. To get help from our attorneys today, call the NewPoint Law Group, LLP offices today at 800-358-0305.

Penalties for Filing Taxes Late in CA

If you fail to file your taxes on time, you will charged up to 5% per month for as long as you fail to file your taxes. For instance, if your filing deadline is in mid-April (as it is for the vast majority of taxpayers), and you don’t properly file your taxes until mid-June, you could be fined up to an additional 10% of the balance that you owe.

The penalties will continue to add up until you reach the maximum penalty of 25% of your unpaid balance. As soon as you reach the 60 days past due mark and you have an outstanding balance, you are guaranteed to owe money. The absolute minimum penalty that you may be assessed is $205, unless your total outstanding balance is less than that figure, in which case the penalty will be 100% of your outstanding balance.

Will I Be Penalized for Filing Taxes Late if I Owe Nothing in CA?

Believe it or not, most taxpayers in the United States receive tax refunds and do not have a balance. Those individuals will not face a penalty for filing their taxes late. This is assuming that you eventually do file your taxes, since failing to file entirely can be seen as tax evasion.

Just because you won’t be penalized does not mean you shouldn’t attempt to be timely on your tax filings. People who are owed a refund and don’t file on time will face delays on when they will receive their refund. Late filers might not get their hands on their refund for up to three years beyond the deadline. If you have not filed your tax returns for four years past the deadline, the government will actually reclaim your potential tax refund, and you won’t see a dime of it.

Penalties for Failing to File Taxes Entirely in CA

Being late with your filing is one thing, but altogether failing to file a tax return is quite another. In addition to the negative consequences articulated above, a complete failure to file may leave you in a sticky position legally. Regardless of how much you owe or if you owe anything at all, failure to file entirely could be construed as tax evasion. Tax evasion is a felony which carries a maximum sentence of up to five years and $250,000 in penalties.

For this reason, it is always better to be on time when it comes to tax filings. If you are concerned with your ability to meet your deadlines, or if you already have missed a deadline, our Sacramento tax attorneys can help. The only wrong move to make is to ignore it entirely, because the government will not be so forgiving.

How Do I Get an Extension for My Tax Filing Deadline in CA?

If you are concerned about your ability to file your taxes on time, there is a way to defer your deadline to a later point. To move your deadline, you can file for an extension by submitting Form 4868. People who successfully file Form 4868 will enjoy six additional months (i.e., until mid-October) during which they can prepare to file their taxes without facing the consequences of filing late.

A filing extension through Form 4868 does not change your tax payment deadline requirements if you owe the government money. There are ways to change this extension, but they are much more complicated and harder to achieve. To hear more about extension options for both filing and paying taxes, speak to one of our attorneys today.

Get Your Tax Filing Questions Answered in CA Today

The Elk Grove, CA tax attorneys at NewPoint Law Group, LLP have the knowledge and experience to guide our clients to financial security, no matter how complicated the tax matters may be. We believe you are entitled to that same peace of mind. Call us at 800-358-0305 to get help today.

What is the Penalty for Filing Taxes Late if You Owe Nothing in CA? (2024)

FAQs

What is the Penalty for Filing Taxes Late if You Owe Nothing in CA? ›

Californians who don't owe money to the government usually won't face penalties if they file their taxes late. However, the later you file your taxes, the more time it will take before you see your return. If you wait too long, the government may simply absorb your unclaimed refund, leaving you with nothing.

What happens if I file taxes late but don't owe anything? ›

Taxpayers who don't owe tax or are owed a refund

There's no penalty for filing after the April 15 deadline if a refund is due. However, taxpayers due a refund should still consider filing as soon as possible.

How to calculate California late filing penalty? ›

Late Filing Penalty

The late file tax penalty is 25% of the tax due, after applying any payments or credits made timely. The FTB calculates it from the original due date of the return. The minimum late file penalty is $135 or 100% of the tax due after applying timely payments and credits, whichever is less.

Is there a late fee if you don't owe taxes? ›

Don't stress the IRS.

If you owe tax, you usually will incur a penalty and interest. However, you won't pay a failure to file or pay penalty and won't accrue interest if you're: Receiving a tax refund.

Do I have to file a California tax return if I don't owe anything? ›

Yes, you are required to file a California state return even if you don't owe. The state of California requires a state tax return to be filed if the following is true: You are required to file a federal return.

Is there a late filing penalty if no tax is due in California? ›

Californians who don't owe money to the government usually won't face penalties if they file their taxes late. However, the later you file your taxes, the more time it will take before you see your return. If you wait too long, the government may simply absorb your unclaimed refund, leaving you with nothing.

Can you skip filing taxes if you don't owe? ›

The IRS has general filing requirements for most taxpayers. Even if no tax is owed, most people file a return if their gross income is more than the automatic deductions for the year. The primary automatic deduction is the Standard Deduction. Its amount will depend on your filing status and age.

How to avoid California state tax penalty? ›

You received a penalty because you were late

If you filed your income tax return or paid your income taxes after the due date, you received a penalty. To avoid penalties in the future, file or pay by the due date. Visit due dates – personal or due dates - businesses for more information.

What is the California estimated tax penalty? ›

Late Payment Penalty

The California Franchise Tax Board imposes a penalty if you do not pay the total amount due shown on your tax return by the original due date. The penalty is 5 percent of the unpaid tax (underpayment), plus 0.5 percent of the unpaid tax for each month or part of a month it remains unpaid (monthly).

How many years can you file back taxes in California? ›

Under California Revenue and Taxation Code Section 19255, the statute of limitations to collect unpaid state tax debts is 20 years from the assessment date, but there are situations that may extend the period or allow debts to remain due and payable.

What happens if you don't file by April 18th? ›

3 Reasons to file today if you missed the April tax deadline

If you owe, the failure to file penalty is typically 5% of your unpaid tax. And, the failure to pay penalty is 0.5% of your unpaid tax. Both penalties are assessed every month (or partial month) until you pay. On top of the penalties, you'll owe interest.

How much is a missed tax deadline fee? ›

If you owe the government money and fail to file your 2023 tax return by the due date, the IRS assesses a failure-to-file penalty. This penalty is 5% of your unpaid taxes for each whole or partial month your return is late. For example, if you originally owe $1,000, your failure-to-file penalty would be $50 a month.

What is the maximum late fee allowed by law in California? ›

While California law does not set a specific maximum amount or percentage for late fees in residential leases, the law does require that late fees be "reasonable." This means the late fee should be a fair estimate of the costs your rental business incurs as a result of the late payment.

Is there a penalty for filing taxes late if I owe nothing? ›

What happens if you file taxes late but don't owe anything? There is usually no failure-to-file penalty if your late tax return results in a refund. But if you have a filing obligation, you should still plan to file as soon as possible to recoup your funds.

What is the 183 day rule in California? ›

In fact, the purpose of time spent in California may have more weight in determining legal residency than the actual number of days spent. To classify as a nonresident, an individual has to prove that they were in the state for less than 183 days and that their purpose for being in the state was temporary.

What is the last day to file taxes in California? ›

California taxpayers get an automatic extension to file until October 15 this year. However, any taxes owed must be deposited or postmarked by April 15, 2024. Taxpayers who are unsure of whether they will owe money can refer to FTB's Tax Calculator .

How long can you wait to file taxes if you don't owe? ›

You risk losing your refund if you don't file your return. If you are due a refund for withholding or estimated taxes, you must file your return to claim it within 3 years of the return due date. The same rule applies to a right to claim tax credits such as the Earned Income Credit.

What happens if I file my taxes late and I am due a refund? ›

There is no penalty for failure to file if you are due a refund. However, you cannot obtain a refund without filing a tax return. If you wait too long to file, you may risk losing the refund altogether.

What happens if I file my taxes after April 18th? ›

Penalties and interest apply to taxes owed after April 18 and interest is charged on tax and penalties until the balance is paid in full. Filing and paying as much as possible is key because the late-filing penalty and late-payment penalty add up quickly.

Do you have to file a return if you don't owe taxes? ›

Generally, you need to file if: Your income is over the filing requirement. You have over $400 in net earnings from self-employment (side jobs or other independent work) You had other situations that require you to file.

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