
The IRS assessed 54.3 million civil penalties in fiscal 2025, and on business returns almost none of them were for getting a number wrong. Here is what the penalties are actually for, what each industry’s return turns on, and what changed for software research costs in 2025.
The IRS assessed 54.3 million civil penalties in fiscal 2025. Table 4-2 of the Data Book splits them by type of tax, and the business rows look nothing like the stories that circulate about audits.
On partnership returns, 402,483 of the 408,311 penalties assessed were for filing late. On S corporation returns it was 540,452 of 545,882. Accuracy penalties, the ones for taking a position the IRS disagrees with, came to 2,336 across 1,059,587 corporate assessments and 366 across 4,457,891 employment tax assessments.
The late-filing penalty is not small, because it scales with how many people the return reports to. Under section 6698 and section 6699, a partnership or S corporation that files late owes a set amount for every month or part month, up to twelve, multiplied by the number of partners or shareholders during the year. That amount is indexed: it is $260 a month per person for returns required to be filed in 2027 (Rev. Proc. 2025-32). A six-partner partnership four months late owes $6,240 before anyone looks at the numbers on the return.
Missed payroll deposits are the other volume item, at 1,216,346 assessments. Section 6656 prices the delay in steps: 2% for up to five days, 5% from six to fifteen days, 10% past that, and 15% once a notice has gone unanswered for ten days.
None of this argues for being casual about classification, and the rest of this page is about classification. It argues for fixing the calendar first, because that is where the assessments are.
A loss on one K-1 does not automatically shelter a gain on another. It has to clear basis, then the at-risk rules, then the passive activity rules of section 469, in that order, and a loss stopped at any of the three carries forward instead of landing this year. Before consolidating, confirm each K-1 agrees with the operating agreement on ownership percentages and capital accounts, because a correction to one K-1 after filing means amended returns for every partner. Our tax work starts with that reconciliation rather than with the return.
A campground earns most of its margin in a few months and then meets four estimated tax deadlines spread unevenly across the year. The payment periods are not quarters: January 1 to March 31, April 1 to May 31, June 1 to August 31, and September 1 to December 31. Paying a flat quarter of last year’s liability each time overpays in spring and leaves a gap in autumn. The annualized income installment method, on Schedule AI of Form 2210 for an individual or Schedule A of Form 2220 for a corporation, sizes each payment to what the business actually earned in that period.
Three things move at once for a software business. Domestic research costs are deductible again in the year they are paid, under section 174A, after three years in which they had to be capitalized. The section 41 credit is a separate computation with its own documentation burden and its own election about whether the deduction gets reduced. And sales tax on software is decided state by state: many states tax it, five have no general sales tax at all, Texas taxes 80% of the charge, and California begins taxing SaaS on January 1, 2027 under SB 122.
Hotel owners and short-term rental operators most often leave money in the wrong bucket. A property bought as one number depreciates over 27.5 or 39 years. A cost segregation study pulls out the components that carry a recovery period of 20 years or less, and those qualify for 100% bonus depreciation under section 168(k) for property acquired after January 19, 2025. Whether the resulting loss offsets other income is a separate question, decided by the material participation tests and by the average period of customer use.
Both of those questions are answered from the books rather than from the return, which is why how a real estate portfolio keeps its records decides how much of this is available at filing time.
The IRS treats digital assets as property, so every disposal is its own gain or loss measured against its own basis, and a year of trading is a year of separate computations rather than one number. Staking rewards and DeFi yield are ordinary income at fair market value when you gain control of them, not when you convert to dollars, which is the point most crypto businesses get wrong and the one that is hardest to reconstruct after the fact.
A multifamily real estate group with over 20 properties across three states found that they had overpaid on taxes due to poor asset classification and ineffective entity structuring. By reclassifying $900K in capital improvements out of the long-lived residential bucket and into the shorter-lived components a cost segregation study identifies, they saved $142,000 in taxes in the first year. The mechanism is worth being precise about. The total deduction over the life of the asset is unchanged; what moves is when it lands, because components with a recovery period of 20 years or less qualify for the 100% first-year allowance.
The calendar, the classification and the entity structure interact, and looking at one without the others is how the same money gets left on the table twice. If you want all three reviewed before the next deadline, that is the conversation to have.
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Frequently asked
Most generic preparers expense a property as one number and never break out its components. A cost segregation study splits a building into shorter-lived assets (fixtures, appliances, landscaping, certain interior finishes) that qualify for accelerated and bonus depreciation. Lodging operators also overlook the material-participation and average-stay tests that determine whether rental losses offset other income. Without that analysis upfront, deductions get left on the table and filings are harder to defend in an audit.
Cash you collect upfront for an annual subscription is usually recognized as income over the service period for books, but tax timing can differ, so the two must be reconciled to avoid overstating taxable income. Software development changed in 2025. Section 174A, added by Public Law 119-21, allows a full deduction for domestic research in the year it is paid or incurred, for tax years beginning after December 31, 2024. That reverses the mandatory amortization which applied for 2022 through 2024. Research attributable to work done abroad stays on a 15-year schedule under section 174. Multi-state sales tax on SaaS adds another layer, since states treat digital products inconsistently.
Watch how income, losses, and distributions flow across entities, since a loss trapped in one entity can fail to offset gains elsewhere when basis or passive-activity limits apply. Confirm each K-1 reflects correct ownership percentages and capital accounts before consolidating. Asset classification matters too: in the case cited, reclassifying $900K of capital improvements saved $142,000 in year one. Entity structuring, state apportionment, and timing of distributions are where most avoidable overpayment hides.