Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 22, 2015
The Firm
201-896-4100 info@sh-law.comIn the new legislation, penalties for inaccurate information on a tax return may have more than doubled for failure to file accurate information on returns or payee statements.
The new rules mark the second time since 2010 that Congress has voted to increase the minimum penalties for inaccurate information under Section 6721(b) and per-employer penalty caps under Section 6722(b) for an inaccurate or un-filed tax return. However, this provision was significant because it was passed in a revenue increase, rather than a tax bill, as part of the Trade Preference Extension Act of 2015. These penalties for inaccurate information will also be imposed under Code sections 6721 and 6722 retroactive to 2015 tax returns.
The previous penalties for inaccurate information on a tax return for both sections 6721 and 6722 are $100 for each return, and up to $1.5 million for each year. However, under the new provision, the penalties will increase to $250 for each erroneous tax return, and up to $3 million per year. Although there are ways to reduce the penalties if a tax return is amended within 30 days after filing. The penalty is now reduced by $50 per inaccurate return if corrective actions are taken within 30 days, and a threshold of $500,000. This is a significant change as the previous penalty reduction was $30 per return with a $250,000 threshold. This benefit increases to $60 per return if corrective actions are taken on erroneous returns within 30 days, but before Aug. 1, 2015. These reductions extend for erroneous returns with a threshold of $1.5 million as the amount per return increases to $100 if corrective actions are made by Aug. 1. Finally, for gross receipts with a threshold of $5 million, the new legislation allows a reduction between $250 to $500 for cases of unintentional error.
The new penalties for inaccurate information under Sections 6721 and 6722 are Forms 1099 “Miscellaneous Income”, 1098 “Mortgage Interest Statement”, 1097 “Bond Tax Credit”, W-2 “Wage and Tax Statement”, W-2G “Certain Gambling Winnings” and 5498 “IRA Contribution Information”. Although taxpayers need to be aware that these new penalties apply to both total income reported and information returns for a variety of gross proceeds, including mortgage interest statements, payments subject to the Fair and Accurate Credit Transactions Act as well as various information returns required under the Affordable Care Act. However, under Section 6724, the IRS does allow certain penalties to be abated if the failure to submit accurate information is the result of reasonable cause.
According to The National Law Review, due to the fact that the new penalties apply to the copy of the form filed with the IRS and the copy filed with an employee, the penalties for inaccurate information are not only more strict, they impact more taxpayers. These new penalties will now also apply to inaccurate tax returns before 2015 if they are discovered this year, or if the corrective actions are taken after 2015.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]
Author: Paul Grossman

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!