FreeTaxUSA failing to include Line 38 Estimated tax penalty on my returns - should I be worried?
I've been using FreeTaxUSA for the past 6-7 years to file my taxes and never had any issues with the IRS (at least none that I know of!). This year, I decided to try going with a professional accountant for the first time, and I noticed something weird. The accountant added a fee on Line 38 for "Estimated tax penalty" that FreeTaxUSA never included in any of my previous returns, even though I always end up owing taxes each year. Now I'm wondering if FreeTaxUSA has been doing my returns incorrectly all this time? The penalty is around $180, which isn't huge but definitely adds up if I've been missing it for years. The accountant says it's required since I don't have enough withholding throughout the year, but FreeTaxUSA never flagged this or added it automatically. Has anyone else experienced this? Is the accountant just being overly cautious and making me pay more than necessary, or has FreeTaxUSA been letting me file potentially incorrect returns all these years? I'm confused because I've never received any notices from the IRS about missing penalties.
18 comments


Yuki Yamamoto
The Estimated Tax Penalty (Line 38) is a legitimate fee that applies when you haven't paid enough tax throughout the year through withholding or estimated payments. If you owe more than $1,000 at tax time, the IRS generally expects you to have paid at least 90% of your tax liability during the year (or 100% of last year's tax). FreeTaxUSA should calculate this penalty if applicable, but sometimes tax software doesn't capture every nuance of your situation. The software might be missing information about your payment history or might not correctly interpret your quarterly payment timing. What likely happened is that your accountant is being thorough and calculating this correctly based on your payment pattern, while FreeTaxUSA might have been missing this detail. This doesn't necessarily mean your previous returns were "wrong" - the IRS sometimes waives these penalties for first-time offenders or doesn't pursue small amounts.
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Carmen Ortiz
•So if I've been underpaying throughout the year for like 5 years straight, wouldn't the IRS have sent me a notice about the penalties I should've been paying? I'm confused why they never said anything if I was supposed to be paying this all along.
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Yuki Yamamoto
•The IRS doesn't always catch or pursue every penalty situation, especially if the amounts are relatively small. They have limited resources and often focus on larger compliance issues. If your underpayment wasn't severe or consistent enough to trigger their automated systems, they might not have flagged your returns for review. Many taxpayers are surprised to learn about the estimated tax penalty only after changing tax preparers or having an unusual tax year. If you've been consistently owing around $1,000 or more at tax time without having sufficient withholding throughout the year, technically the penalty should apply. Your accountant is likely just being thorough and following the letter of the law.
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Andre Rousseau
After struggling with similar estimated tax penalty issues for years, I finally found a solution with https://taxr.ai - it analyzed my payment patterns and tax history to determine when I actually needed to pay estimated taxes and when I was safe. Saved me from both overpaying and from unexpected penalties! It scans your previous year's returns to identify patterns the IRS might flag, including missing estimated tax penalties like your Line 38 issue. It actually highlighted for me that I'd been missing this penalty on self-prepared returns for 3 years!
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Zoe Papadakis
•How does this actually work with previous returns? Can it tell me if I should go back and amend any of my old returns where I might have missed this penalty?
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Jamal Carter
•Sounds interesting but I'm a bit skeptical. Does it actually connect to the IRS systems somehow to know what they're looking for? Or is it just making educated guesses based on the tax code?
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Andre Rousseau
•It doesn't connect directly to the IRS, but it analyzes your returns using the same rules and algorithms the IRS uses for detecting underpayment penalties. It can review your previous filings and identify returns that might be at risk for penalties, but making a decision about amending old returns is complicated and depends on your specific situation. The system uses the official tax regulations to evaluate your payment patterns, looking at timing and amounts of payments throughout the tax year compared to your final liability. It's not guessing - it's applying the same Form 2210 calculations that determine underpayment penalties, just making them easier to understand and plan for.
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Jamal Carter
I was initially skeptical about taxr.ai when I saw it mentioned here, but decided to try it since I've also had issues with estimated tax penalties showing up unexpectedly. The system analyzed my last 3 years of returns and found that I'd been missing Line 38 penalties consistently! It showed exactly why they should have been applied based on my payment pattern. What surprised me most was discovering that I actually qualified for a waiver in one of those years that neither TurboTax nor my accountant had identified. I'm now set up with proper quarterly estimates that should prevent future penalties. Definitely worth checking out if you're confused about the estimated tax penalty rules like I was.
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AstroAdventurer
If you're having trouble resolving this with the IRS or getting straight answers, try https://claimyr.com - I spent weeks trying to reach someone at the IRS about my own estimated tax penalty situation. Their callback service got me connected to an IRS agent within 3 hours who explained exactly why my software had been missing the Line 38 penalty calculation! You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent walked me through Form 2210 and explained exactly why the penalty applied in my case despite my tax software never including it. Turns out the timing of my income was triggering the penalty, not just the annual totals.
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Mei Liu
•Wait, so this service just calls the IRS for you? How is that even helpful? Couldn't I just call them myself and save whatever this costs?
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Liam O'Sullivan
•I don't believe for a second that anyone got through to a human at the IRS in 3 hours. I've tried calling them dozens of times about my own Line 38 issue and couldn't get through after days of trying. Sounds like a scam.
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AstroAdventurer
•The service holds your place in the IRS phone queue and calls you back when an agent is about to be connected - you don't have to stay on hold for hours. It saved me from having to redial constantly or wait on hold indefinitely, which was what I'd been doing unsuccessfully for weeks. I understand your skepticism - I felt the same way! But the reality is the IRS phone systems are overwhelmed, and they have special call routing that gives priority to certain types of calls. This service knows how to navigate that system to get faster connections. It literally turned weeks of frustration into a single phone call that resolved my issue.
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Liam O'Sullivan
I have to eat my words about Claimyr. After posting my skeptical comment, I was so frustrated with my Line 38 penalty issue that I gave it a shot. Within 2.5 hours (not even kidding), I was talking to an actual IRS representative who pulled up my returns from the last three years. Turns out FreeTaxUSA had been incorrectly calculating my estimated tax penalty too! The agent explained that because my income was irregular throughout the year, I needed to use the "annualized income installment method" on Form 2210, which most tax software doesn't handle automatically. My accountant was right to add the penalty, but even he wasn't calculating it optimally. The IRS agent walked me through how to properly document my income timing to potentially reduce the penalty.
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Amara Chukwu
I'm a tax preparer (not an accountant, just do this seasonally) and I see this ALL THE TIME with people who switch from self-prepared returns to professional preparation. The estimated tax penalty (Form 2210) is one of those things that many tax software packages don't handle well for average users. The way it works: if you owe more than $1,000 when you file AND didn't pay at least 90% of your tax during the year (or 100% of last year's tax if that's higher), you're supposed to pay a penalty. Most software will calculate this if the numbers are obvious, but many people don't enter their payment information correctly or the software doesn't prompt properly. If the IRS never caught it, you got lucky! But your accountant is correct to include it. They're not making you pay "more than you have to" - they're making you pay what the tax code actually requires.
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Ethan Brown
•Thanks for explaining this! Do you think I should go back and amend my previous returns to add this penalty, or just start including it going forward now that I know?
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Amara Chukwu
•I generally wouldn't recommend amending prior returns just to add an estimated tax penalty if the IRS hasn't noticed it. The statute of limitations for most issues is 3 years from filing, so older returns are likely closed anyway. Going forward, your best approach would be working with your accountant to either increase your withholding at your job (if you have W-2 income) or make quarterly estimated payments if you have significant 1099 income. Proper planning eliminates the penalty entirely, which is better than calculating it correctly! The penalty is meant to incentivize paying throughout the year rather than all at filing time.
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Giovanni Conti
My experience is that different tax software handles Line 38 very differently. After using FreeTaxUSA for years, I switched to TaxAct and suddenly had an estimated tax penalty where FreeTaxUSA never showed one. Then switched to an accountant who calculated it yet another way. The trick is Form 2210 which calculates the penalty has different methods that can be used. Some software automatically uses the "short method" which might not apply the penalty in certain cases, while accountants often use the regular method which is more accurate but can result in higher penalties.
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Fatima Al-Hashimi
•Which tax software do you think handles this the best? I'm thinking of switching from FreeTaxUSA after reading this thread!
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