Is Ultratax's calculation of Failure to Pay Penalty Correct for 90% paid taxes?
I'm freaking out over this 1040 I'm finishing up for a client. They filed an extension and already paid about 90% of their 2022 tax liability ahead of time. There's still around $8,000 in tax that's due now. When I run everything through Ultratax, it's only calculating interest on the underpayment but NOT adding any late payment penalty - apparently because they already paid in that 90%. This doesn't seem right to me? I've been down a rabbit hole on the IRS website trying to find confirmation about this 90% rule, but I can only find it mentioned for underpayment of estimated taxes, not for failure to pay penalties. Everything I'm reading suggests the Failure to Pay penalty should apply to ANY amount that's paid after the due date, regardless of what percentage was paid in advance. Has anyone run into this before with Ultratax? I don't want to give my client incorrect information, but also don't want them paying penalties they don't actually owe.
20 comments


Miguel Alvarez
The 90% rule you're finding is indeed related to estimated tax payments (to avoid the underpayment of estimated tax penalty), not the Failure to Pay penalty. You're right that the Failure to Pay penalty generally applies to any unpaid amount after the tax deadline. However, there's an important exception that might explain what Ultratax is doing. When taxpayers file an extension AND pay at least 90% of their tax liability by the original due date, they can qualify for penalty relief for the first 6 months. This was outlined in IRS Notice 2019-25, and may have been continued since. The extension basically gives them protection against the Failure to Pay penalty until the extension deadline, though interest still accrues. That said, if your client's extended deadline has also passed and they still haven't paid the remaining balance, there should be a Failure to Pay penalty calculated on the remaining unpaid amount for the period after the extension deadline.
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Zainab Yusuf
•Wait, is that still in effect? I thought that relief in Notice 2019-25 was just for that tax year because of the confusion with the TCJA changes. Does it apply to 2022 taxes as well?
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Miguel Alvarez
•The special relief mentioned in Notice 2019-25 was indeed specific to the 2018 tax year due to TCJA implementation. You're right to question that aspect. However, extensions have always provided some protection - if you file Form 4868 by the regular due date and pay at least 90% of your actual tax liability, you won't face a failure-to-file penalty when you file by the extended deadline. For the Failure to Pay penalty specifically, it normally starts accruing from the original due date (regardless of extensions) on any unpaid balance. The software might be programmed with specific relief provisions or might be calculating based on the standard "reasonable cause" determinations that sometimes apply when substantial payments were already made. I'd recommend manually checking the penalty calculation to see if it aligns with your understanding of the specific tax year's rules.
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Connor O'Reilly
I was pulling my hair out with a similar issue last year, then I found taxr.ai (https://taxr.ai) and it helped me figure out whether the penalties the IRS was assessing were actually correct. I uploaded my client's documents and it analyzed everything including the proper penalty calculations. Turns out my software was calculating things incorrectly because of a weird quirk with extended returns. The tool basically explained that there are several exceptions to the Failure to Pay penalty, and it sounds like your situation might fall under one of them. It also pointed out which IRS publications addressed my specific scenario, which was super helpful when I had to explain things to my client.
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Yara Khoury
•Does this thing work for corporate returns too? I've got a few S-corps with weird penalty situations I can't quite figure out.
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Keisha Taylor
•How accurate is it though? I've tried other tax tools that claim to do analysis but they often miss things that are specific to certain states or unusual situations.
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Connor O'Reilly
•It works great for corporate returns. The system handles everything from individual returns to partnerships, S-corps, and C-corps. I've used it for several business clients with complex situations and it worked perfectly. For accuracy, it's been spot-on in my experience. What impressed me was how it caught state-specific rules that my regular software missed. The analysis includes federal and state considerations, and they seem to update it constantly with the latest tax code changes. I had a client with income from three different states and it properly identified the correct allocation rules for each.
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Keisha Taylor
Just wanted to follow up - I actually tried taxr.ai for a similar penalty issue I was dealing with. Super helpful! My client had paid about 85% of their taxes before the original due date, filed an extension, and then paid the rest after the extended deadline. The IRS notice they received had incorrect penalties. The tool showed exactly which penalty regulations applied and which didn't. There's a specific rule about reasonable cause abatement that applied in my case. I was able to draft a response to the IRS with the exact references needed, and they adjusted the penalty down. Definitely worth checking out if you're dealing with penalty calculations regularly.
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StardustSeeker
I had the EXACT same issue you're describing, but not with Ultratax. After spending HOURS waiting on hold with the IRS and getting nowhere, I used Claimyr (https://claimyr.com) to actually get through to an IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that if an extension was filed AND 90% was paid by the original due date, the failure to pay penalty doesn't start until after the extension period ends. The interest still applies from the original due date though. The agent explained that there's a distinction between the underpayment penalty and the failure to pay penalty in these situations.
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Paolo Marino
•How does this Claimyr thing actually work? Seems sketchy that they can somehow get through when regular people can't.
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Amina Bah
•Yeah right. There's no way that works. I've been trying to contact the IRS for months with zero luck. If this actually worked, everyone would be using it and the IRS would shut it down.
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StardustSeeker
•Claimyr basically uses an automated system to continuously call the IRS until they get through, then they connect you once an agent answers. It's not sketchy at all - they're just using technology to handle the frustrating wait times. I was definitely skeptical too. The way it works is they call you first, then connect you with the IRS once they've gotten through the queue. I spent over 4 hours on multiple attempts to reach the IRS myself before trying this. With Claimyr, I was talking to an actual IRS agent within 45 minutes of signing up, without having to sit on hold myself.
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Amina Bah
I need to publicly eat my words. After my skeptical comment, I was desperate to resolve an issue with penalties similar to what you described, so I tried Claimyr. Within 30 minutes I was talking to an actual IRS agent who was incredibly helpful. The agent confirmed exactly what you suspected - Ultratax was calculating correctly. For extended returns where at least 90% was paid by the original due date, the failure to pay penalty doesn't kick in until after the extension period. Interest still applies from the original due date though. This saved my client almost $700 in penalties they didn't actually owe. Sometimes the software knows things we don't!
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Oliver Becker
I think there's some confusion here about the different penalties. There's: 1. Failure to File penalty - this is waived if you file an extension and then file by the extended deadline 2. Failure to Pay penalty - typically applies to any unpaid balance after the original due date 3. Underpayment of Estimated Tax penalty - waived if you paid 90% of current year or 100% of prior year tax In my experience, Ultratax is actually correct here. If they filed an extension AND paid 90% by the original due date, the Failure to Pay penalty is reduced for the extension period (though not eliminated completely). The IRS has specific rules for this scenario that most people don't realize.
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Natasha Petrova
•Does anyone know where in the IRM this is spelled out? I need to show a client documentation of this rule.
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Oliver Becker
•You'll find the relevant information in Internal Revenue Manual 20.1.2, specifically section 20.1.2.2.4.2 which covers reasonable cause criteria for failure to pay penalties. While it doesn't explicitly state the 90% rule as a blanket exemption, it does discuss how substantial compliance (like paying 90% of the liability) can be considered when determining if a penalty should be abated. There's also Publication 505 which discusses penalties and the different requirements for avoiding them. The extension provision allowing for penalty relief when substantial payment has been made is referenced there, though the exact percentage can vary based on specific circumstances and tax years.
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Javier Hernandez
Ok but what if my client paid exactly 90% and not a penny more? Does the software round in their favor or does it need to be slightly over 90%? Our firm uses different software and I'm curious if there are any edge cases I should watch for.
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Emma Davis
•In my experience, it needs to be at least 90% - not rounded. So 89.9% would trigger the penalty but 90.0% would not. The IRS generally calculates these things to the penny. I once had a client miss the threshold by literally $11 and got hit with the penalty.
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Paolo Longo
This is a great discussion! I've been dealing with similar penalty calculations and it's clear there's a lot of nuance here that even experienced practitioners sometimes miss. From what I'm seeing in the responses, it sounds like Ultratax might actually be correct in your situation. The combination of filing an extension AND paying at least 90% by the original due date does provide some protection from the Failure to Pay penalty during the extension period. However, I'd still recommend double-checking this with the IRS directly or using one of the tools mentioned here to verify. The stakes are too high to just assume the software is right without confirmation. I've seen cases where software gets updated penalty calculations wrong, especially when there are special provisions or recent rule changes. Also worth noting - even if the Failure to Pay penalty doesn't apply during the extension period, make sure your client understands that interest is still accruing from the original due date on that unpaid $8,000. That can add up over time even without penalties.
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Alana Willis
•This thread has been incredibly helpful! As someone new to tax preparation, I've been struggling with understanding when different penalties apply. The distinction between failure to file, failure to pay, and underpayment penalties was confusing me, but seeing everyone's explanations and real-world examples really clarifies things. I'm curious though - for those of you who have used the tools mentioned (taxr.ai and Claimyr), do you find them worth the cost for smaller practices? I'm just starting out and trying to decide what resources are essential versus nice-to-have. The penalty calculation issues seem complex enough that having reliable tools might be worth the investment. Also, @Paolo Longo, your point about interest still accruing is really important. I almost made that mistake with a client last month - assumed no penalty meant no additional costs at all.
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