Did you file the wrong tax return? You can quickly solve the problem by following these simple tips.
Filing a proper tax return is essential to avoid future problems with the IRS and to ensure that your taxes are paid accurately. However, you may make unintentional mistakes or leave out important information during the compilation process. If you realize you’ve filed the wrong tax return (Standard Form or Simplified Form 730), here’s what you can do to rectify the situation.
Whether it involves errors of calculation (such as incorrect indications of deductible charges or deductions in excess of those owed, incorrect reference to withholding or advance taxes), omissions, or incorrect indications of income, the seriousness of the offense will determine the extent of the penalties applied:
- Material or mathematical errors: In case of errors of this nature a normal penalty of 30% of the higher tax or credit difference is expected. However, there is a possibility of reducing this penalty to 6% (i.e. 1/5 of 30%) if the taxpayer pays the amounts due within one year of the violation. In this case, you will also have to pay statutory interest of 2.5%, calculated on the late payment.
- Omissions or incorrect indications of income: This type of error is more serious than the previous one. The expected penalty will be 100% of the higher tax or credit difference. However, a reduction of 20% is possible if the taxpayer makes payments within one year of the violation, again with the addition of legal interest to the extent provided by law.
In the event of these errors, the taxpayer can resort to submitting a new corrective declaration, if it is submitted within the deadlines for sending declarations, or supplementary, if it is submitted after the deadlines specified by law. If the taxpayer does not submit either of these two options within the time limits set by law, the declaration of the latter option will be considered deleted., or submit it after the available 90-day period. After 90 days, the taxpayer can still file a return that is considered “late” but administrative penalties will be applied to it.
Corrective and supplementary declaration
If errors or omissions are discovered on your tax return, it is imperative that you take swift action to rectify the situation. The law provides that a corrective declaration, known as a “supplementary declaration”, may be filed.within the specified dates. With this procedure, the previous declaration is canceled without the application of penalties.
The taxpayer has the right to submit or send a new corrective return until the end of the deadlines specified for the offer. For example, a taxpayer who submitted a Unico form in paper format can exchange it for a new corrective form, submitted electronically by the end of October.
Thanks to the corrective statement, income, deductions or deductions that were not taken into account in the original statement can be included o Address any deficiencies involving higher payments or lower credits. In some cases, it may be necessary to file a supplemental declaration to correct a previous declaration, even after the normal statutory deadlines. In these cases, the only form allowed for processing is the standardized form.
Deadlines for submitting a supplemental declaration depend on the type of amendment to be made. If the correction is in favor of the taxpayer, or to correct a higher income or lower debt or credit, it is necessary to file the supplemental form within the filing deadline for the following year.
For example, if the legal deadline for sending the return is set for October 31stThe supplemental return for the 2024 tax period can be filed by this date. Similarly, by October 31, 2027, the individual supplemental form for the 2025 tax period can be filed.
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