Dallas, TX asked in Tax Law for Texas

Q: I filed my tax return for the tax year of 2022, but I submitted my 2020 W-2 in error? Can an amended return be a crime?

The original return was accepted by the IRS and I was given a refund check (which I cashed) despite the error. I didn't submit an amended return until after the filing due date in April and I ended up owing the IRS just under $200 according to the electronic filing service that I use.

I explained the accident while filing, but can I be charged for fraud and/or given penalties for this error?

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

A: While you technically “can” be, it is highly unlikely that the IRS will pursue anything under the circumstances. File an amended return voluntarily with correct information is very strong evidence of it being a mistake rather than an intentional act of deception.

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