The formulas
- Failure to file = 5% per month or part, up to 25% (5 months)
- Failure to pay = 0.5% per month or part, up to 25% (0.25% with a timely filed return and an installment agreement)
- Months where both apply: the filing addition is reduced by the 0.5% for that month
- More than 60 days late: filing addition at least the lesser of $535 and 100% of the tax (returns required in 2027)
How it works
Section 6651 adds 5 percent of the unpaid tax for each month or part of a month a return is late, up to 25 percent, and 0.5 percent a month for late payment, up to 25 percent. In a month when both apply, the filing addition is cut by the payment addition, so the two together run at 5 percent a month for the first five months.
If a return is filed more than 60 days late, the filing addition is at least the lesser of a minimum dollar amount or the tax. Rev. Proc. 2025-32 sets that amount at $535 for returns required to be filed in 2027, which are 2026 returns. Fraud penalties, extensions and reasonable cause relief are not modeled.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Is a part of a month a full month?
Yes. The statute counts each month or fraction of a month.
Does the statute page show the same minimum?
The statute text shows an older $435, which is indexed. The 2027 return figure of $535 comes from Rev. Proc. 2025-32.
How is the 60 day test measured?
Rev. Proc. 2025-32 measures it from the due date of the return determined with regard to any extension of time to file. Enter the days late from that date.
Sources
- 26 U.S.C. §6651 Failure to file tax return or to pay tax, Cornell Legal Information Institute
- IRS Rev. Proc. 2025-32 (2026 inflation adjusted items)
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