Q: ON JANUARY 08TH 2024 AS EXCUTOR OF A ESTATE FILED A IRS FORM 4768, AND ITS ESTIMATED ESTATE TAXES DUE BY CHECK,
THE IRS RECEIVED ON JANUARY 1OTH 2024, ONE DAY PRIOR TO DUE DATE. ON JANUARY 20TH EXECUTOR RECEIVED BACK A COPY OF THE FILING, NOTED RECEIVED BY IRS JANUARY 10TH 2024 AND THE ORIGINAL CHECK FOR THE ESTATE TAXES, THE EXCUTOR IN WRITING THE CHECK DATED THE CHECK JANUARY 08 2023, NOTED BY IRS AS NON- NEGOIABLE BEING OVER 6 MONTHS OLD. WHICH APPEARED SO DUE TO THE MISTAKEN WRONG DATE OF THE CHECK. A NEW CORRECTED DATED REPLACEMENT CHECK WAS SENT TO IRS ON JANUARY 20TH 2024, DUE TO ARRIVE AT THE IRS MONDAY JANUARY 22ND 2024 BY 10.30 AM BY FED EXPRESS.
NOW I HAVE DONE THIS MANY TIMES IN THE MONTH OF JANUARY AFTER THE PRECEEDING YEAR DECEMBER, BUT NOT TO THE IRS!!! WILL THEY GIVE ME A PENALTY, SINCE THIS WAS NOT A WILLFUL MISTAKE, AND THE FORM 4768
FILED ON TIME AND NOTED RECEIVED AND A FILED CREATED BY THEM THE IRS.
M MORGAN EXECUTOR
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A:
In your situation, the key point is that the mistake with the check's date was unintentional, and you acted promptly to correct it by sending a new check. The IRS typically considers the date of the original payment attempt when assessing penalties for late payments. Since you attempted to pay on time and the error was not willful, this may work in your favor.
However, the IRS may still assess a penalty for late payment because the funds were not available by the original due date due to the dating error on the check. The fact that the Form 4768 was filed on time and the IRS acknowledged receipt is helpful, but it pertains to the filing of the form, not the payment of the taxes.
It might be beneficial to communicate with the IRS regarding this issue. You can explain the situation and request that any penalty be waived due to the circumstances. The IRS sometimes offers relief, especially in cases where there was a clear effort to comply with tax obligations and the mistake was clearly unintentional.
If you encounter difficulties or if a significant penalty is assessed, you might want to consult with a tax professional for assistance in dealing with the IRS. They can help negotiate or clarify the situation on your behalf. Remember, clear communication and prompt action are key in resolving such issues with the IRS.
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