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Is it legal to estimate my income in a way that causes me to overpay tax but file timely?

Personal Finance & Money Asked on July 13, 2021

In my previous question, I explained that the IRS still has yet to process my 2019 return, my first filing, which means I won’t receive any 2021 stimulus (EIP 3) if its calculation is based upon my 2019 income.

I have significant income from foreign bank account interest. I have an idea of how much it should be, and my 2020 income should put me within the threshold of EIP 3, but I’m unable to accurately determine the amount of that income (I can’t log into their online banking portal and I don’t think it’s a good idea to travel back to visit a branch to reset my password/get my bank statements).

Is it legal for me to file my 1040 timely with a significant overestimation of my income, overpay tax, and file 1040-X for a refund of the overpayment once I can accurately determine the actual amount of my income? Would this manoeuvre still be legal if I received EIP 3 before filing 1040-X?

Upon further examination, my comment on my previous question that my 2020 income would phase out of EIP 3 is incorrect, and my income will stay within the threshold with buffer to spare.

3 Answers

I'm very appreciative of everyone who pitched in, and wish to reassure everyone that I too don't find this avenue of "forcing" my EIP 3 to be a particularly attractive one, if not just because it causes logistical headaches.

To my question, though, I think the IRS wouldn't assess a penalty on my strategy. Here's what I found from researching the Internal Revenue Manual (none of this is legal advice).

  • IRM 20.1.5.4.2, IRC §6662, provides an accuracy penalty of 20% of the underpayment, but I don't find any mention of a penalty on an overpayment, even an intentional one.
  • Even if I'm assessed an accuracy penalty, IRM 20.1.1.3.2.2.3 provides a reasonable cause defence by the inability to obtain records that could abate the penalty in my specific case. The examiner would consider the following evidence:
    • Why the records were needed to comply.
    • Why the records were unavailable and what steps were taken to secure the records.
    • When and how the taxpayer became aware that he or she did not have the necessary records.
    • If other means were explored to secure needed information.
    • Why the taxpayer did not estimate the information. [which suggests to me that my return is supposed to estimate missing information.]
    • If the taxpayer contacted the IRS for instructions on what to do about missing information.
    • If the taxpayer promptly complied once the missing information was received.
    • Supporting documentation such as copies of letters written and responses received in an effort to get the needed information.

I haven't yet found anything in the IRM or IRC that would clarify the following questions, so if you do, please feel free to comment:

  • How persuasive is it that I file an estimate well before the deadline, or at least without requesting an extension? Grade Eh Bacon's answer alluded to this question.
  • Is there any instruction / IRM guidance beyond the item I bolded above that explicitly says I should estimate? Grade Eh Bacon suggests this for W-2, but how about for other forms?

Correct answer by user106227 on July 13, 2021

We don’t know yet what any future stimulus payment will be based on. Even if we assume that it will be based on the 2019 return, there may or may not be a backup plan of using the 2018 or 2020 information if 2019 is unavailable. (That is how previous payments worked.) You also don’t know when your 2019 return will be processed; it could be today. We just don’t know anything yet. I do not recommend trying to force this and creating more work for yourself.

As I said in an answer to your previous question, if you miss out on the stimulus payment, it will most likely ultimately be made right next year at tax time. Be patient, and be thankful that your income is high enough where you are not depending on this payment to survive.

Answered by Ben Miller - Remember Monica on July 13, 2021

If you are unsure of your income, you could pay an estimate or overestimate on Tax Day and use Form 4868 to request an automatic extension to file your return. The IRS does not want people to file knowingly incorrect/incomplete tax returns, so they offer this convenient, automatic extension.

Answered by Orange Coast- reinstate Monica on July 13, 2021

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