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1040X penality adjustment for automatically extended returns.

MHLG
Level 1

I am preparing a 2022 1040X for a client.  The tax PAYER resides in a different state, but qualified for the automatic extension of time to file and pay last year because I, as the tax PREPARER, work/reside in a federal disaster area (California). 

The 1040X is calculating penalties from April 15th, but they should be calculated from October 16th (the extended due date).  How do I override or correct this in Lacerte?

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2 Comments 2
BobKamman
Level 15

I haven't seen anything that says the automatic extension applies if your preparer lives in a disaster area, but you're closer to the problem than I am.  Are you filing the 1040-X to amend something on the return, or just to request abatement of the penalty?  That's not the form to file for penalty abatement.  What will work is a letter, and if the client qualifies for the "first time abatement" exception, just use that and don't go into location of preparer or client.  

TaxGuyBill
Level 15

@MHLG wrote:

but qualified for the automatic extension of time to file and pay last year because I, as the tax PREPARER, work/reside in a federal disaster area (California).


 

That is not a reason for the extension.  The reason could be for a taxpayer "whose records necessary to meet a deadline occurring during the postponement period are located in the affected area", but that doesn't necessarily mean they get the extension merely because you live in California.

No, *IF* they qualify, the date is November, not October.  If you are in California, you really should know that.

*IF* they qualify for the extension, then "Taxpayers qualifying for relief who live outside the disaster area need to contact the IRS at 866-562-5227."

https://www.irs.gov/newsroom/for-california-storm-victims-irs-postpones-tax-filing-and-tax-payment-d...