Are IRS Penalties Tax Deductible?

Are IRS Penalties Tax Deductible?

  • May 11, 2021

The U.S. tax code does not allow taxpayers to deduct penalties assessed by the Internal Revenue Service (IRS). IRS penalties are typically assessed for violations of tax laws, such as misreporting income or claiming false deductions or tax credits. The IRS typically assesses penalties along with interest on the balance owed by a taxpayer, and this interest is not tax-deductible.

The federal income tax filing due date for individuals was extended from April 15, 2021, to May 17, 2021. Payment of taxes owed can be delayed to the same date without penalty. Your state tax deadline may not be delayed.

  • Taxpayers cannot deduct IRS penalties on their tax return.
  • Penalties are commonly assessed for a failure to file or pay and for dishonored checks.
  • Penalties vary according to the type of violation and may accrue until the account is fully paid or until the taxpayer enters into an approved payment plan.
  • Extensions filed via Form 4868 extend the tax filing deadline, but do not extend the deadline to pay income taxes.

IRS Penalties

Fines and penalties a person owes to the government for violating local, state, and federal laws are never deductible. According to the IRS, the goal of its penalties is to discourage illegal activity related to federal taxes. Penalties also discourage people from neglecting their obligations to file or pay. The IRS typically sends a notice to a person after a tax audit and assesses both penalties and interest on any unpaid amounts.

Although taxpayers are not allowed to deduct penalties, they may qualify for relief for extenuating circumstances. If approved by the IRS, all or a portion of the penalty may be relieved. However, interest still accrues until the amounts owed are fully paid.

Failure-to-Pay Penalties

Failure-to-pay penalties are assessed on the tax owed after the due date, for each month or partial month, until the taxpayer's account is resolved. The IRS allows installment agreements to pay off the outstanding balance and to stop the assessment of failure-to-pay penalties.

Most often, penalties are assessed for dishonored checks, or for failing to file your tax return by the required due date, failing to pay the full amount of taxes owed by the due date, or failing to pay the proper amount of estimated taxes. Penalties vary according to the type of violation.

For example, a penalty of 5% of the tax required is assessed when the taxpayer fails to file on time, and it is charged each month that the return is late, up to five months. The IRS assesses a 0.5% penalty on taxes not paid by the tax filing due date, which is generally April 15. The IRS website notes: "If both a failure-to-file and a failure-to-pay penalty are applicable in the same month, the combined penalty is 5% (4.5% late filing and 0.5% late payment) for each month or part of a month that your return was late, up to 25%."

Taxpayers have the option to extend their tax filing deadline by filing an extension using Form 4868. However, an extension on filing your return does not extend the deadline for your tax payments.

Update for Victims of the 2021 Winter Storms in Texas

On Feb. 22, 2021, the Internal Revenue Service (IRS) announced that victims of the 2021 winter storms in Texas will have until June 15, 2021, to file various individual and business tax returns and make tax payments. As a result, affected individuals and businesses will have until June 15, 2021, to file returns and pay any taxes that were originally due during this period. This includes 2020 individual and business returns normally due on April 15 (now May 17) and various 2020 business returns due on March 15.

Legal Fees Deductibility

According to IRS Publication 529, legal expenses incurred in attempting to produce or collect taxable income or paid in connection with the determination, collection, or refund of any tax are no longer deductible.

You can deduct expenses of resolving tax issues relating to profit or loss from your business (Schedule C), rentals or royalties (Schedule E), or farm income and expenses (Schedule F) on the appropriate schedule.

However, expenses for resolving nonbusiness tax issues are miscellaneous itemized deductions and are no longer deductible.

Other Penalties

While IRS penalties cannot be deducted, other penalties related to business activities can be deducted by companies on a tax return. For instance, penalties paid by a manufacturing company due to nonperformance on a construction contract are typically deductible as a business expense.

Remember, my Team and I are always here to help! If you think you may have a possible difficult tax situation or have any tax questions about the matters presented here, call me at 855-BEAT-IRS (855) 232-8477, or email me at and we can dive into your issues and solve them. And you can click here to book a free consultation.

Would You Like to Find Out What Your
Next Best Steps Should Be?

Choose one of the 3 FREE contact methods that is easiest for you.

Schedule a Call with Us

Click the calendar button below to view our appointment calendar, and choose a day & time, and we’ll call you then.

We look forward to your free consult!

Call Us Now

Click the phone button below to either "click to call" or direct dial a number to speak with us right now. 

We look forward to speaking with you!

9-Secrets You Need to Know

When the IRS is after you, you need to be informed. What you say to the IRS can be used against you.
Get My 9 Secrets email series now. I'll also add you to my newsletter.

About the Author Larry Heinkel J.D. LL.M

Larry Heinkel is a tax and bankruptcy attorney with more than 38 years experience helping businesses and individuals, solve their state and federal tax problems. Mr. Heinkel has been extremely successful in representing his clients before IRS and DOR, and is known throughout Florida as an expert in tax problem resolution.

Leave a Comment: