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2016 IRS Late Filing Fee and Cp210 Overpayment Notice
Despite numerous warnings, we submitted our 2016 Taxes after
the March 2017 due date. $195 per member penalty was paid
in Summer of 2017.

We JUST received a CP210 Notice from the IRS saying "We made
changes to your December 31, 2016 Form 1065. As a result,
your overpayment is $1,195.14"

This is the original penalty amount and $25.14 in interest
(that we now have to pay taxes on. A refund check is
expected in 2-3 weeks.

What is happening here? Any insights?

Thanks for your thoughts.
The IRS granted administrative relief to partnerships that missed the March 15 deadline, but filed before April 15. See IRS Notice 2017-47. https://www.irs.gov/pub/irs-drop/n-17-47.pdf.

Ira Smilovitz

On Tue, Jan 16, 2018 at 7:51 PM, Mark A. Carrozza via bivio.com <user*28101600001@bivio.com> wrote:
Despite numerous warnings, we submitted our 2016 Taxes after
the March 2017 due date. $195 per member penalty was paid
in Summer of 2017.

We JUST received a CP210 Notice from the IRS saying "We made
changes to your December 31, 2016 Form 1065. As a result,
your overpayment is $1,195.14"

This is the original penalty amount and $25.14 in interest
(that we now have to pay taxes on. A refund check is
expected in 2-3 weeks.

What is happening here? Any insights?

Thanks for your thoughts.

That's great to know. If all the members want to put the money back
into the club, can I deposit the refund check and account for this as
a regular payment, including the interest, allocated proportionally?

On Tue, Jan 16, 2018 at 8:31 PM, ira smilovitz via bivio.com
<user*2883400001@bivio.com> wrote:
> The IRS granted administrative relief to partnerships that missed the March
> 15 deadline, but filed before April 15. See IRS Notice 2017-47.
> https://www.irs.gov/pub/irs-drop/n-17-47.pdf.
>
> Ira Smilovitz
>
> On Tue, Jan 16, 2018 at 7:51 PM, Mark A. Carrozza via bivio.com
> <user*28101600001@bivio.com> wrote:
>>
>> Despite numerous warnings, we submitted our 2016 Taxes after
>> the March 2017 due date. $195 per member penalty was paid
>> in Summer of 2017.
>>
>> We JUST received a CP210 Notice from the IRS saying "We made
>> changes to your December 31, 2016 Form 1065. As a result,
>> your overpayment is $1,195.14"
>>
>> This is the original penalty amount and $25.14 in interest
>> (that we now have to pay taxes on. A refund check is
>> expected in 2-3 weeks.
>>
>> What is happening here? Any insights?
>>
>> Thanks for your thoughts.
>
>
It all depends on how you recorded the original penalty.

I would enter the returned penalty as a negative entry that undoes the original payment. Enter the interest as interest income.

You might want to send a request to support to review your records and recommend the best solution.

Ira Smilovitz

On Tue, Jan 16, 2018 at 8:38 PM, Mark Carrozza via bivio.com <user*28101600001@bivio.com> wrote:
That's great to know. If all the members want to put the money back
into the club, can I deposit the refund check and account for this as
a regular payment, including the interest, allocated proportionally?

On Tue, Jan 16, 2018 at 8:31 PM, ira smilovitz via bivio.com
<user*2883400001@bivio.com> wrote:
> The IRS granted administrative relief to partnerships that missed the March
> 15 deadline, but filed before April 15. See IRS Notice 2017-47.
> https://www.irs.gov/pub/irs-.
>
> Ira Smilovitz
>
> On Tue, Jan 16, 2018 at 7:51 PM, Mark A. Carrozza via bivio.com
> <user*28101600001@bivio.com> wrote:
>>
>> Despite numerous warnings, we submitted our 2016 Taxes after
>> the March 2017 due date. $195 per member penalty was paid
>> in Summer of 2017.
>>
>> We JUST received a CP210 Notice from the IRS saying "We made
>> changes to your December 31, 2016 Form 1065. As a result,
>> your overpayment is $1,195.14"
>>
>> This is the original penalty amount and $25.14 in interest
>> (that we now have to pay taxes on. A refund check is
>> expected in 2-3 weeks.
>>
>> What is happening here? Any insights?
>>
>> Thanks for your thoughts.
>
>

The members (partners) really do not have a choice about "putting the money back in the partnership". The check is made out to the partnership, I presume, no matter how you got the money into the partnership (special assessment or existing partnership cash) to pay the IRS.

To record the deposit, you would just debit cash and credit the expense account you used to record the disbursement, and credit the interest portion as income.

If the partners paid a special assessment to get the funds to pay the IRS, then the cash into the partnership was a contribution to capital. If you now pay the funds back to the partners it is a return of capital.

Regards,

Peter Dunkelberger

On Tue, Jan 16, 2018 at 9:04 PM, ira smilovitz via bivio.com <user*2883400001@bivio.com> wrote:
It all depends on how you recorded the original penalty.

I would enter the returned penalty as a negative entry that undoes the original payment. Enter the interest as interest income.

You might want to send a request to support to review your records and recommend the best solution.

Ira Smilovitz

On Tue, Jan 16, 2018 at 8:38 PM, Mark Carrozza via bivio.com <user*28101600001@bivio.com> wrote:
That's great to know. If all the members want to put the money back
into the club, can I deposit the refund check and account for this as
a regular payment, including the interest, allocated proportionally?

On Tue, Jan 16, 2018 at 8:31 PM, ira smilovitz via bivio.com
<user*2883400001@bivio.com> wrote:
> The IRS granted administrative relief to partnerships that missed the March
> 15 deadline, but filed before April 15. See IRS Notice 2017-47.
> https://www.irs.gov/pub/irs-dr.
>
> Ira Smilovitz
>
> On Tue, Jan 16, 2018 at 7:51 PM, Mark A. Carrozza via bivio.com
> <user*28101600001@bivio.com> wrote:
>>
>> Despite numerous warnings, we submitted our 2016 Taxes after
>> the March 2017 due date. $195 per member penalty was paid
>> in Summer of 2017.
>>
>> We JUST received a CP210 Notice from the IRS saying "We made
>> changes to your December 31, 2016 Form 1065. As a result,
>> your overpayment is $1,195.14"
>>
>> This is the original penalty amount and $25.14 in interest
>> (that we now have to pay taxes on. A refund check is
>> expected in 2-3 weeks.
>>
>> What is happening here? Any insights?
>>
>> Thanks for your thoughts.
>
>