Regular Method for Figuring the Penalty (Part IV)(p57)

You may use the regular method in Part IV of Form 2210 to figure your penalty for underpayment of estimated tax if you paid one or more estimated tax payments earlier than the due date.

You must use the regular method in Part IV of Form 2210 to figure your penalty for underpayment of estimated tax if any of the following apply to you.

• You paid one or more estimated tax payments on a date after the due date.
• You paid at least one, but less than four, installments of estimated tax.
• You paid estimated tax payments in un- 
  equal amounts.
• You use the annualized income installment method to figure your underpayment for each payment period.
• You use your actual withholding during each payment period to figure your payments.

If you use the regular method, figure your underpayment for each payment period in Section A, then figure your penalty for each payment period in Section B.

Figure your underpayment of estimated tax for each payment period in Section A following the line-by-line instructions. Complete lines 20 through 26 of the first column before going to line 20 of the next column.

Your required payment for each payment period (line 18) is usually one-fourth of your required annual payment (Part I, line 9). However, if you are using the annualized income installment method (described beginning on this page), first complete Schedule AI (Form 2210), and then enter the amounts from line 25 of that schedule on line 18 of Form 2210, Part IV.

On line 19, enter in each column the total of:

• Your estimated tax paid after the due date for the previous column and by the due date shown at the top of the column, and
• One-fourth of your withholding.

For special rules for figuring your payments, see the Instructions for Form 2210.

If you file Form 1040, your withholding is the amount on line 62, plus any excess social security or tier 1 RRTA tax withholding on line 65. If you file Form 1040A, your withholding is the amount on line 38 plus any excess social security or tier 1 RRTA tax withholding included in line 43.

Instead of using one-fourth of your withholding for each quarter, you can choose to use the amounts actually withheld by each due date. You can make this choice separately for the tax withheld from your wages and for all other withholding. This includes any excess social security and tier 1 RRTA tax withheld.

Using your actual withholding may result in a smaller penalty if most of your withholding occurred early in the year.

If you use your actual withholding, you must check box D in Form 2210, Part II. Then complete Form 2210 and file it with your return.

If you received your income evenly throughout the year, use the regular installment method to figure your estimated tax underpayment for the year.

Ben Brown's 2008 total tax (Form 1040, line 61) is $7,031, the total of his $4,685 income tax and $2,346 self-employment tax. His 2007 AGI was less than $150,000. He does not owe any other taxes or claim any credits other than for withholding. His 2007 tax was $6,116. See Figure 4-B on page 64 to see Ben's completed Form 2210, Part I.

Ben's employer withheld $3,228 income tax during 2008. Ben paid no estimated tax for either the first or second period, but he paid $1,000 each on August 29, 2008, and January 12, 2009, for the third and fourth periods. Because the total of his withholding and estimated tax payments, $5,228 ($3,228 + $1,000 + $1,000), was less than both 90% of his 2008 tax (90% x $7,031 = $6,328), and 100% of his 2007 tax ($6,116), Ben knows he owes a penalty for underpayment of estimated tax. He decides to figure the penalty on Form 2210 and pay it with his $1,803 tax balance ($7,031 − $5,228) when he files his tax return on April 15, 2009.

Ben's required annual payment (Part I, line 9) is $6,116. Because his income and withholding were distributed evenly throughout the year, Ben enters one-fourth of his required annual payment, $1,529, in each column of line 18 (see Figure 4-B (Continued) on page 65). On line 19, he enters one-fourth of his withholding, $807, in the first two columns and $1,807 ($807 plus $1,000 estimated tax payment) in the last two columns.

Ben has an underpayment (line 25) for each payment period even though his withholding and estimated tax payments for the third and fourth periods were more than his required installments (line 18). This is because the estimated tax payments made in the third and fourth periods are first applied to underpayments for the earlier periods.

If you did not receive your income evenly throughout the year (for example, your income from a repair shop you operated was much larger in the summer than it was during the rest of the year), you may be able to lower or eliminate your penalty by figuring your underpayment using the annualized income installment method. Under this method, your required installment (line 18) for one or more payment periods may be less than one-fourth of your required annual payment.

To figure your underpayment using this method, complete Schedule AI of Form 2210 (see Figure 4-C on page 66 for an example). The schedule annualizes your tax at the end of each payment period based on your income, deductions, and other items relating to events that occurred from the beginning of the tax year through the end of the period.

If you use the annualized income installment method, you must check box C in Part II of Form 2210. You also must attach Form 2210 and Schedule AI to your return.

Follow the Form 2210 instructions to complete Schedule AI. For each period shown on Schedule AI, figure your income and deductions based on your method of accounting. If you use the cash method of accounting (used by most people), include all income actually or constructively received during the period and all deductions actually paid during the period.

Laura Maple files as head of household with two exemptions. Her 2008 total tax (Form 1040, line 61) is $3,937, the total of her $1,591 income tax and $2,346 self-employment tax. Laura also has an earned income credit (EIC) of $571, so the amount she owes is $3,366 ($3,937 less the $571 EIC). She does not owe any other taxes. Her 2007 AGI was less than $150,000. Her 2007 tax was $3,530. Her required annual payment on Form 2210, Part I, line 9, is $3,029 (the smaller of her $3,530 tax for 2007 or 90% of her $3,366 tax after credits for 2008).

Laura's employer withheld $1,488 income tax during 2008. Laura paid no estimated tax for either the first or second period, but she paid $100 on August 15, 2008, and $500 on December 3, 2008, for the third and fourth periods.

Laura did not receive her income evenly throughout the year. Therefore, she decides to figure her required installment for each period (Part IV, line 18) using the annualized income installment method. To use this method, Laura completes Schedule AI before starting Part IV. Figure 4-C, beginning on page 66, shows Laura's filled-in Schedule AI and Part IV.

Laura's wages during 2008 were $15,000 ($1,250 a month). Her net earnings from a business she started during the year were $16,600, received as follows.

April through May	$3,600
June through August	5,000
September through December	8,000

Self-employment tax and deduction. Before Laura can figure her AGI for each period (Schedule AI, line 1), she must figure her deduction for self-employment tax for each period. To do this, she first completes Schedule AI, Part II, (see Figure 4-C on page 66).

Laura had no self-employment income for the first period, so she leaves the lines in that column blank. Her self-employment income was $3,600 for the second period, $8,600 ($3,600 + $5,000) for the third period, and $16,600 ($8,600 + $8,000) for the fourth period. She multiplies each amount by 92.35% (.9235) to find the amounts to enter on line 26. She then fills out the rest of Part II. See Figure 4-C on page 66.

Laura figures the deduction for one-half of the self-employment tax by dividing the amounts on line 34 by the annualization amounts for each period. The annualization amounts are:

• 8 for the first period,
• 4.8 for the second period,
• 3 for the third period, and
• 2 for the fourth period.

Laura figures the amounts to enter on Schedule AI, line 1, as follows.

Column (a)—1/1/08 to 3/31/08:
$1,250 per month × 3 months			$ 3,750
Column (b)—1/1/08 to 5/31/08: $1,250 per month × 5 months			$6,250
Plus:	Self-employment income through 5/31/08		3,600
Less:	Self-employment tax deduction ($1,221 ÷ 4.8)		(254)
			$9,596
Column (c)—1/1/08 to 8/31/08: $1,250 per month × 8 months			$10,000
Plus:	Self-employment income through 8/31/08		8,600
Less:	Self-employment tax deduction ($1,822 ÷ 3)		(607)
			$17,993
Column (d)—1/1/08 to 12/31/08:
$1,250 per month × 12 months			$15,000
Plus:	Self-employment income through 12/31/08		16,600
Less:	Self-employment tax deduction ($2,346 ÷ 2)		(1,173)
			$30,427

Laura had $9,000 in itemized deductions for 2008—$200 per month withheld for state and local taxes, and $550 per month for mortgage interest—for a total of $750 each month. She divided them by period in the following manner.

• 1st period: $2,250 ($750 × 3 months).
• 2nd period: $3,750 ($750 × 5 months).
• 3rd period: $6,000 ($750 × 8 months).
• 4th period: $9,000 ($750 × 12 months).

She enters each amount on line 4 in the proper column for that period.

Now that Laura has figured her entries for lines 1 and 4, she can complete the rest of Schedule AI to determine the amounts to put on Form 2210, Part IV, line 18. Laura figures her EIC on Schedule AI, line 16, for each period using her annualized earned income for that period. Figure 4-C on page 66 shows her completed Parts I and II of Schedule AI.

Laura then figures her underpayment in Part IV, Section A (see Figure 4-C (Continued) on page 67). She finds that she overpaid her estimated tax for the first three payment periods, but underpaid her estimated tax for the last payment period.

Figure the amount of your penalty in Section B following the instructions. The penalty is imposed on each underpayment shown in Section A, line 25, for the number of days that it remained unpaid. (You may find it helpful to show the date of payment beside each amount on line 25.)

For 2008, there are four rate periods to figure the penalty. Use Rate Period 1 (lines 27 and 28) to apply the 6% rate in effect from April 16, 2008, through June 30, 2008. Use Rate Period 2 (lines 29 and 30) to apply the 5% rate in effect from July 1, 2008, through September 30, 2008. Use Rate Period 3 (lines 31 and 32) to apply the 6% rate in effect from October 1, 2008, through December 31, 2008. Use Rate Period 4 (lines 33 and 34) to apply the 5% rate in effect from January 1, 2009, through April 15, 2009.

Table 4-1 (see page 61) provides a simple method for counting the number of days between payment dates or between a due date and a payment date.

1. Find the number for the date the payment was due by going across to the column of the month the payment was due and moving down the column to the due date.
2. In the same manner, find the number for the date the payment was made.
3. Subtract the due date "number" from the payment date "number."

For example, if a payment was due on June 15 (61), but was not paid until November 4 (203), the payment was 142 (203 − 61) days late.

Before completing Section B, make a list of the payments you made after the due date (or the last day payments could be made on time) for the earliest payment period an underpayment occurred. For example, if you had an underpayment for the first payment period, list your payments after April 15, 2008. You can use the table in the Form 2210 instructions to make your list. Follow those instructions for listing income tax withheld and payments made with your return. Use the list to determine when each underpayment was paid.

If an underpayment was paid in two or more parts on different dates, you must figure the penalty separately for each part. You may find it helpful to show the underpayment on Section A, line 25, broken down into the amounts paid on different dates. See lines 29 and 30 of Figure 4-B (Continued) on page 65 for an example of this.

For each underpayment on line 25, columns (a)–(d), figure the penalty by:

1. Determining the date(s) an underpayment was paid,
2. Determining the number of days between the due date and the payment date(s), and
3. Multiplying the amount of underpayment by the number of days unpaid and the appropriate penalty rate.

If an underpayment remained unpaid for more than one rate period, the penalty on that underpayment will be figured using more than one rate.

Use lines 27, 29, 31, and 33 to figure the number of days the underpayment remained unpaid. Use lines 28, 30, 32, and 34 to figure the actual penalty amount by applying the rate against the underpayment for the number of days it remained unpaid.

If an underpayment remained unpaid for the entire period, use Table 4-2 to determine the number of days to enter for each period.

Table 4-2. Chart of Total Days

	Column (a)	Column (b)	Column (c)	Column (d)
line 27	76	15	—	—
line 29	92	92	15	—
line 31	92	92	92	—
line 33	105	105	105	90

To figure the total penalty, add the amounts on lines 28, 30, 32, and 34 in all columns. Enter the total on line 35.

In the previous example for Ben Brown (see Regular Installment Method on page 57), he determined that he had an underpayment for all four payment periods. See Ben's completed Section A in Figure 4-B (Continued) on page 65.

Ben's 2008 tax is $7,031. His minimum required payment for each period is $1,529 ($6,116 ÷ 4). His $3,228 withholding is considered paid in four equal installments of $807, one on each payment due date. Therefore, he must make estimated tax payments of $722 ($1,529 − $807) each period. However, Ben made only two estimated tax payments—$1,000 on August 29, 2008, and $1,000 on January 12, 2009. He plans to file his return and pay his balance due on April 15, 2009. He is considered to have made the following payments for tax year 2008.

April 15, 20081		$  807
June 15, 20081		807
August 29, 20082		1,000
September 15, 20081		807
January 12, 20092		1,000
January 15, 20091		807

1 One-fourth of withholding

2 Estimated tax payment

Ben's $722 underpayment for the first payment period was paid by applying $722 of his $807 payment on June 15, 2008. The $722 remained unpaid 61 days (April 16 through June 15, 2008). Ben enters "61" on line 27 and figures this part of the penalty on line 28 ($722 × (61 ÷ 366) × .06 = $7.22). See his completed Section B in Figure 4-B (Continued) on page 65.

Ben figures his second period underpayment as follows.

1. Of the $807 he paid for the second period, $722 is applied to the underpayment remaining from the first period.
2. That leaves $85 ($807 – $722) to apply to his second period required installment of $1,529.
3. The result, $1,444 ($1,529 − $85), is Ben's underpayment for the second period.

The $1,444 underpayment is paid in two parts by applying the $1,000 paid on August 29 and $444 of his $807 September 15 payment. To help him figure his penalty, Ben shows the date of each payment on line 25.

All of the underpayment remained unpaid for 15 days (June 16 through June 30). $1,000 of the underpayment remained unpaid for 60 additional days (July 1 through August 29) and $444 remained unpaid for 77 additional days (July 1 through September 15). Ben enters "15" on line 27, column (b), and "60" and "77" on line 29, column (b). He shows the result of all penalty computations on lines 28 and 30 (see Figure 4-B (Continued) on page 65).

Ben figures his third period underpayment as follows.

1. Of the $1,807 he paid for the third period, $1,444 is applied to the underpayment remaining from the second period.
2. That leaves $363 ($1,807 − $1,444) to apply to his third period required installment of $1,529.
3. The result, $1,166 ($1,529 − $363), is Ben's underpayment for the third period.

The $1,166 underpayment is paid in two parts by applying his $1,000 payment on January 12, 2009, and $166 of his $807 payment on January 15. On line 25, Ben shows the date of each payment.

For Rate Period 2, the entire underpayment ($1,166) remained unpaid 15 days (September 16 through September 30). Ben enters "15" on line 29. He shows the result of the penalty computation on line 30 (see Figure 4-B (Continued) on page 65).

For Rate Period 3, the entire underpayment ($1,166) remained unpaid 92 days (October 1 through December 31). Ben enters "92" on line 31. He shows the result of the penalty computation on line 32 (see Figure 4-B (Continued) on page 65).

For Rate Period 4, $1,000 of the underpayment remained unpaid for 12 days (January 1 through January 12) and $166 remained unpaid for 15 days (January 1 through January 15). Ben enters "12" and "15" on line 33. He shows the result of both penalty computations on line 34 (see Figure 4-B (Continued) on page 65).

Ben figures his fourth period underpayment as follows.

1. Of the $1,807 he paid for the fourth period, $1,166 is applied to the underpayment remaining from the third period.
2. That leaves $641 ($1,807 − $1,166) to apply to his fourth period required installment of $1,529.
3. The result, $888 ($1,529 − $641) is Ben's underpayment for the fourth period.

The $888 underpayment was paid April 15, 2009, with his tax return. The $888 remained unpaid 90 days (January 16 through April 15, 2009). Ben enters that number on line 33 and shows the result of the penalty computation on line 34 (see Figure 4-B (Continued) on page 65).

Ben's total penalty for 2008 on line 35 is $56.55, the total of all amounts on lines 28, 30, 32, and 34 in all columns. Ben enters that amount on line 76 of his Form 1040. He also adds $57 to his $1,803 tax balance and enters the $1,860 total on line 75. He files his return on April 15 and includes a check for $1,860. He keeps his completed Form 2210 for his records.

In the previous example for Laura Maple (under Completing Schedule AI on page 58), her first underpayment was for the last payment period. See Laura's completed Section A in Figure 4-C (Continued) on page 67.

This example illustrates completion of Part IV, Section B, of Laura's Form 2210 under the annualized income installment method.

Laura made the following payments for tax year 2008.

April 15, 20081		$  372
June 15, 20081		372
August 15, 20082		100
September 15, 20081		372
December 3, 20082		500
January 15, 20091		372

1 One-fourth of withholding

2 Estimated tax payment

Laura's $940 underpayment for the fourth payment period was paid on April 15, 2009, with her tax return. The entire amount remained unpaid 90 days (January 16 through April 15, 2009). Laura enters that number on line 33. She shows the result of the penalty computation on line 34 (see Figure 4-C (Continued) on page 67).

Laura's total penalty for 2008 on line 35 is $11.59, the amount on line 34. Laura enters that amount on line 76 of her Form 1040. She also adds $12 to her $1,278 tax balance and enters the $1,290 total on line 75. She files her return on April 15 and includes a check for $1,290. Because she used the annualized income installment method, she must attach Form 2210, including Schedule AI, to her return and check box C in Part II.