法律英语：26 Filing for a Tax Extension (I)

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Taxes. Albert Einstein once said, “The hardest thing in the world to understand is the income tax.” This episode is one of a two-part series on your federal income taxes. This episode will cover the basic mechanics of filing for an extension. The second episode will feature Money Girl, another QD Now podcaster. We will discuss the pros³ and cons⁴ of filing late, both legal and practical. We will also give you some last-minute tips on completing your return.

The quick and dirty tip for all tax filings is to be complete, timely, and accurate. This advice may sound simple, but following it will help you avoid many problems down the line. One very important point to remember is that an extension to file your return is not an extension to pay your taxes. An extension simply allows you more time to fill out your return.

Normally, your federal taxes are due on April 15 of each year. This year, April 15 falls on a Sunday, and Monday, April 16 is Emancipation⁵ Day, a holiday in Washington, D.C., so the IRS has pushed the deadline back to April 17. You still have time to finish (for some of us, start) your tax return.

A tax return is a complicated endeavor that requires many forms and careful attention to detail. You might be missing forms such as an employer’s W-2 that would prevent you from accurately⁶ completing your return. Or, you may have invested in a partnership⁷ that has not yet paid you for your investment, which might count as your income. If you cannot accurately complete your return, you should file for an extension.

First, the mechanics of filing for an extension to file are pretty simple. All you must do is file Form 4868 from the United States Treasury⁸ department. ........You are not required to indicate a reason for filing for an extension. The IRS will only contact you if your extension is denied.

You only need to fill out the form and file it by April 17. If you timely and properly file, then you will get a six-month extension and do not need file your return until October 15. If you e-file, and your extension is rejected, you have until April 21 to correct your e-filing. If you cannot correct your e-file, then you must file for an extension in paper form by April 21.

Again, it is important to note that an extension for filing your return is not the same as an extension to pay your taxes. When completing Form 4868, you will need to estimate your total tax liability for 2006 and subtract any income tax you have already paid. You will find that by completing the estimate portion of Form 4868, you will perform most of the calculations you need to complete your return. So, consider just buckling⁹ down and finishing your return in full.

If you do choose to file an extension, you must pay at least 90% of your estimated tax liability in order to avoid penalties. Any tax liability owed that you pay after April 17 will incur¹⁰ interest and additional penalties until you pay the tax. You can avoid paying penalties and interest if you submit a statement explaining the reason for failing to pay and have paid 90% of your estimated taxes.

It is also important to be honest and accurate in estimating your tax liability on Form 4868. If the IRS later finds that your estimate was unreasonable¹¹, the extension for filing your return will be considered void, and you will face all the penalties and interest that you would have for failing to file your return.

Once you have properly submitted Form 4868, you have some breathing space. Please note that failing to file for an extension is not likely to lead to criminal prosecution¹² by the IRS. The agency has a long-standing practice of not recommending criminal prosecution of individuals who make mistakes. They know that the government will get more money by informally resolving disputes and bringing people back into the system than by paying lawyers to prosecute¹³ every case.

Last, consider your state taxes. Many states automatically give you an extension if you properly filed for a federal extension. If not, you will also need to file for an extension in your state.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁴ Life.

You can send questions and comments to...........or call them in to the voice-mail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.
 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 pros   

abbr.prosecuting 起诉；prosecutor 起诉人；professionals 自由职业者；proscenium （舞台）前部n.赞成的意见( pro的名词复数 )；赞成的理由；抵偿物；交换物

参考例句：

• The pros and cons cancel out. 正反两种意见抵消。 来自《现代英汉综合大词典》
• We should hear all the pros and cons of the matter before we make a decision. 我们在对这事做出决定之前，应该先听取正反两方面的意见。 来自《简明英汉词典》

4 cons   

n.欺骗，骗局( con的名词复数 )v.诈骗，哄骗( con的第三人称单数 )

参考例句：

• The pros and cons cancel out. 正反两种意见抵消。 来自《现代英汉综合大词典》
• We should hear all the pros and cons of the matter before we make a decision. 我们在对这事做出决定之前，应该先听取正反两方面的意见。 来自《简明英汉词典》

5 emancipation   

n.（从束缚、支配下）解放

参考例句：

• We must arouse them to fight for their own emancipation. 我们必须唤起他们为其自身的解放而斗争。 来自《简明英汉词典》
• They rejoiced over their own emancipation. 他们为自己的解放感到欢欣鼓舞。 来自《简明英汉词典》

6 accurately   

adv.准确地，精确地

参考例句：

• It is hard to hit the ball accurately.准确地击中球很难。
• Now scientists can forecast the weather accurately.现在科学家们能准确地预报天气。

7 partnership   

n.合作关系，伙伴关系

参考例句：

• The company has gone into partnership with Swiss Bank Corporation.这家公司已经和瑞士银行公司建立合作关系。
• Martin has taken him into general partnership in his company.马丁已让他成为公司的普通合伙人。

8 treasury   

n.宝库；国库，金库；文库

参考例句：

• The Treasury was opposed in principle to the proposals.财政部原则上反对这些提案。
• This book is a treasury of useful information.这本书是有价值的信息宝库。

9 buckling   

扣住

参考例句：

• A door slammed in the house and a man came out buckling his belt. 房子里的一扇门砰地关上，一个男子边扣腰带边走了出来。
• The periodic buckling leaves the fibre in a waved conformation. 周期性的弯折在纤维中造成波形构成。

10 incur   

vt.招致，蒙受，遭遇

参考例句：

• Any costs that you incur will be reimbursed in full.你的所有花费都将全额付还。
• An enterprise has to incur certain costs and expenses in order to stay in business.一个企业为了维持营业,就不得不承担一定的费用和开支。

11 unreasonable   

adj.不讲道理的，不合情理的，过度的

参考例句：

• I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
• They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。

12 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

13 prosecute   

vt.告发；进行；vi.告发，起诉，作检察官

参考例句：

• I am trying my best to prosecute my duties.我正在尽力履行我的职责。
• Is there enough evidence to prosecute?有没有起诉的足够证据？

14 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。