A substituted tax return is a tax return that is filed on behalf of a taxpayer when they fail to submit their own return. This process allows the taxpayer to replace one income tax return with another, ensuring compliance with tax laws. The taxpayer has the right to file this return within the time frame set by law or any extension granted by the tax commissioner.
Substituted tax returns are primarily used in tax law. They come into play when a taxpayer does not file their return by the deadline. The Internal Revenue Service (IRS) or state tax authorities may file a substituted return to estimate the taxpayer's income and tax liability. This process can involve various legal areas, including civil tax disputes and administrative procedures. Users can often manage these situations themselves using legal templates from US Legal Forms, which provide necessary forms and guidance.
Here are a couple of examples of abatement:
Example 1: A taxpayer fails to file their federal income tax return for the year. The IRS estimates their income based on third-party information, such as W-2 forms, and files a substituted return on their behalf. The taxpayer later files their return, showing lower income and claiming deductions that were not included in the substituted return.
Example 2: A business owner neglects to file their business tax return. The state tax authority files a substituted return based on the business's reported income from previous years. The business owner can then contest this return by submitting their actual return with accurate figures. (hypothetical example)
If you find yourself facing a substituted tax return, consider taking the following steps:
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