Efile a current year late tax return

[Questionguy101]

Can someone still efile his 2011 tax return if he did not file for an extension?

[Lion]

Yes you can still e-file 2011 returns.

[joanmcq]

Yep. Always have been able to. Filing an extension doesn't affect efile at all.

[Questionguy101]

Yep. Always have been able to. Filing an extension doesn't affect efile at all.

Thank you Lion and joanmcq.

If you don't mind, I have one more question.

My understanding is that even if the taxpayer did not file an extension and the tax return is late, there will be no penalty if the tax return does not have a balance due and he has a refund. Am I correct?

[joanmcq]

Yup, unless there's a underpayment of estimates penalty. But the late filing and late payment are based on the tax due, so if there's none due, no penalty.

[Koss]

Late filing

Just a couple observations:

"No penalty for late filing if there is no balance due" applies to 1040 returns.

Certain business tax returns, such as Form 1120S and Form 1065, have penalties for late filing even when there is no balance due.

And even for individual returns, you have to be very careful with the state tax return.

Some states have a penalty for late filing even when there is no balance due. Some states have no penalty for late filing if you have an extension, but the only way to get a state extension is to get a federal extension!

And if a tax pro files their own Form 1040 late, without an extension...

Dude, you don't wanna go there.

You might get away with it once. But if a tax pro develops a pattern of filing late without an extension, or filing late after the extended due date, they can lose their EFIN and their PTIN, and several other acronyms, as well as certain body parts.

Same thing can happen if a business return is filed late and a tax pro is an officer, director, tax matters partner, or other principal.

BMK

[OtisMozzetti]

statute of limitations gets extended

Thank you Lion and joanmcq.

If you don't mind, I have one more question.

My understanding is that even if the taxpayer did not file an extension and the tax return is late, there will be no penalty if the tax return does not have a balance due and he has a refund. Am I correct?

The statute of limitations will not expire as soon as it would have if the tax return had been filed by the due date.

[appelman]

Incidentally...

With the new MeF you will be able to e-file prior year returns, provided that your software company is cooperative.

[John of PA]

Efile after Oct 15

We were told at an IRS seminar that that is one of thier goals with the new system, but it may take a few years before it's ready.