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Still haven't filed your taxes? How to avoid penalties or lost refunds

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Still haven't filed your taxes? How to avoid penalties or lost refunds

After the epic storms deluged California in early 2023, the IRS and the state Franchise Tax Board gave most taxpayers in the state until mid-November to file their returns and pay what they owed.

After the epic storms deluged California in early 2024, the IRS and the Franchise Tax Board gave taxpayers in San Diego County until mid-June to file their returns and pay what they owe. For everyone else in the state, Monday remains the filing deadline — at least at the moment.

If you don’t pay at least a goodly chunk of your 2023 taxes by then, you will be penalized automatically, even if you file for an extension by Monday night.

Tax experts say the best course of action is to file your return on time and pay everything you think you owe. The IRS, nonprofit groups and commercial tax-preparation companies offer multiple ways to prepare and file returns for free online.

If you can’t afford your tax bill, you have some choices to make by Monday at 11:59 p.m., when the deadline is due to arrive.

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There is a chance President Biden will approve Gov. Gavin Newsom’s request for a major disaster declaration covering Los Angeles, Ventura, Butte, Glenn, Monterey, San Luis Obispo, Santa Barbara, Santa Cruz and Sutter counties by the end of the day Monday, which could trigger a delay in the tax-filing deadlines. Counting on a last-minute reprieve, however, is a gamble with potentially high stakes, depending on how much you owe in taxes for 2023.

What are the penalties for not filing?

Tax experts say that if the IRS owes you a refund, you won’t face a penalty for not filing your return. Instead, you’ll have a different deadline: If you wait more than three years to file a return for that year, you’ll sacrifice your claim to the money.

If you have taxes due, Andy Phillips, director of H&R Block’s Tax Institute, said it’s important to file your return or file for an extension on time, even if you can’t cover the balance at the moment. That’s because the penalty for not filing can be up to 10 times the penalty for filing but not paying on time.

The IRS will charge you 5% of what you owe every month until you file, with the penalty capped at 25%, Phillips said. But it also charges interest, and there’s no cap on how much interest you’ll owe. Currently, the interest rate is 8%, compounded daily.

The Franchise Tax Board’s penalty is 5% per month, capped at 25%; the state’s tax code makes no mention of interest charges. It also imposes a lower penalty on people who owe no more than $540.

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Both the feds and the state offer hardship exceptions.

Need more time to gather your paperwork? Both the IRS and the Franchise Tax Board offer six-month extensions on the deadline for filing an annual return to anyone who applies.

There is a catch, though: Even with an extension, you’ll still face an underpayment penalty if you don’t pay at least 90% of what you owe by the end of the day Monday, Phillips said. But at least you won’t be hit with the added penalty for not filing.

What are the penalties for not paying?

For the record:

3:59 p.m. April 12, 2024An earlier version of this story said the IRS penalty for unpaid taxes was 5% of the unpaid balance plus 0.5% per month, up to a maximum of 25%, plus interest. That is the Franchise Tax Board’s penalty. The IRS charges 0.5% per month, up to a maximum of 25%, plus interest.

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The IRS charges .5% of the original underpayment per month the balance is not paid, capped at 25%, plus interest. The Franchise Tax Board charges 5% of the underpayment plus .5% per month, capped at 25%, with interest, which is currently 8%.

Phillips said the IRS applies a penalty only if you paid less than 90% of what you owed by the deadline. If you are facing a penalty, he said, you need to consider how that amount (including interest) stacks up against the cost of taking out a loan, using your credit cards or pulling cash out of savings or profitable investments.

One option is to enter a payment plan with the IRS, which will cut the underpayment penalty in half, Phillips said — although you’ll still be paying interest on the amount you owe while you’re chipping away at your balance. As long as you’re compliant with the plan, he said, the IRS won’t go into forced-collection mode.

You can apply for a payment plan with the IRS through the agency’s website.

The Franchise Tax Board also offers installment plans that allow you to pay your tax debt over time, typically three to five years. The plans are available only to taxpayers who owe less than $25,000 and who’ve filed all required returns in the previous five years. Applications are accepted online, by mail or by calling (800) 689-4776.

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The state offers to cancel a late-payment or late-filing penalty for taxpayers who are otherwise in compliance, but a taxpayer can claim this relief only once in their lifetime. In addition, the offer applies only to penalties for tax years 2022 or later.

To apply for a one-time abatement, return a completed form FTB 2918 by mail or call 800-689-4776 and request one.

How does the IRS collect penalties?

Regardless of whether you file a return, the IRS and the Franchise Tax Board will have collected data from employers, banks, mutual funds and other sources about your income and tax payments. And they will use that information to calculate what they believe you owe (or what they owe you). They won’t refund your overpayment automatically — you’ll get that only if you file a return — but they can force you to pay the taxes you’ve underpaid.

Phillips said the IRS typically starts by sending a letter asking you to pay up. If you don’t, it can seize a portion of your wages, your Social Security benefits and your investments. As a last resort, he said, it can put a lien on your house and force its sale.

To avoid going into collection, Phillips said, you might offer to pay a compromise amount — for example, if you can show that you weren’t responsible for the underpayment. The feds accept only a small percentage of the applications for this kind of relief, he said; it’s more likely that the agency will put you into a payment plan or temporarily suspend collection efforts until your income grows. If you find yourself in the latter category, you will face ever-growing interest charges on your unpaid tax debt.

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Consumer advocates warn taxpayers to be cautious about hiring anyone who promises to be able to slash your tax debt, because many of those pitches are from scammers. Phillips agreed, saying, “Make sure you do your homework about who you’re dealing with.”

Who has to file a return?

The feds require anyone who earns more than a certain amount set by the IRS to file a return, even if they don’t owe anything. The amount varies according to filing status and age; for example, for 2023 it was $13,850 for a single filer under 65, or $15,700 for a single filer 65 or older.

The requirement applies regardless of your citizenship status. But if you don’t have a Social Security number — for example, if you’re in the United States on a temporary work visa or you’re here without authorization — you’ll need to obtain an Individual Taxpayer Identification Number.

Mandy Irvine, associate director of economic mobility for United Ways of California, said it’s a misconception that an ITIN is a sign that you’re in the country without authorization — ITINs are used by anyone who doesn’t qualify for a Social Security number. In addition, the law bars the IRS from sharing the information it collects from tax returns with Immigration and Customs Enforcement.

Through myfreetaxes.org, the United Way connects people with IRS-certified volunteers to help them prepare and file their returns. If you need an ITIN, Irvine said, look for a volunteer site that has a certified acceptance agent who can check your passport or other documents to verify your identity. That way, she said, you won’t have to mail them to the IRS.

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Where can I get last-minute help from the IRS?

The following Federal Taxpayer Assistance Centers will be open Saturday from 9 a.m. to 4 p.m.:

  • 300 N. Los Angeles St., Los Angeles, CA 90012
  • 501 W. Ocean Blvd., Long Beach, CA 90802
  • 880 Front St., Suite 1247, San Diego, CA 92101
  • 212 Coffee Road Suite 200, Bakersfield, CA 93309
  • 2525 Capitol St., Fresno, CA 93721
  • 1301 Clay St., Oakland, CA 94612
  • 450 Golden Gate Ave., San Francisco, CA 94102
  • 55 S. Market St., Suite 100, San Jose, CA 95113
  • 4330 Watt Ave., Sacramento, CA 95821

The agency stressed that although IRS employees will be on hand to offer in-person help with questions and account issues, they will not prepare your taxes for you. It also suggested that you come equipped with two forms of identification (including a current government-issued photo ID), the Social Security or Taxpayer Identification numbers for everyone in your household, and any notices or mailings the IRS has sent you.

If you have a question about a tax return you’ve already filed, make sure to bring a copy with you.

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

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Commentary: How right-wing anti-transgender attacks led to a Supreme Court ruling upholding sex discrimination

At the Supreme Court, the unfounded fear of boys masquerading as girls in youth sports rolled the clock back on gender equality.

On the surface, the Supreme Court’s June 30 opinion upholding state laws barring transgender girls from women’s and girl’s sports teams looks like a victory for women’s rights.

The 6-3 opinion by Justice Brett M. Kavanaugh certainly presents itself that way. “Females and males have inherent physical differences relevant to athletic performance,” Kavanaugh wrote. “Therefore, in contact sports, forcing female athletes to compete against males can create significant safety risks.” He also asserted that “forcing female athletes to compete against males can undermine competitive fairness.”

The ruling applied to prohibitions enacted in Idaho and West Virginia against “biological” males’ participation on women’s teams in public schools. Federal judges in both states overturned the bans. The Supreme Court majority restored them. The ruling essentially upholds similar bans enacted in 25 other states.

There was no record of any transgender person participating in school sports in the State, let alone any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.

— Justice Sonia Sotomayor, demolishing the Supreme Court’s argument in favor of banning transgender girls from girl’s sports

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Kavanaugh, like Donald Trump and others in the anti-transgender camp, maintained that one’s gender is an immutable fact of life, established even before birth.

Anything else, Trump stated in an executive order he issued on inauguration day 2025, could only be the product of “gender ideology extremism.” The U.S., his order stated, recognizes “two sexes, male and female. These sexes are not changeable and are grounded in fundamental and incontrovertible reality.” That’s a “biological truth,” he declared.

In his own version of this overconfident and factually insupportable conclusion, Kavanaugh wrote: “As all agree, females and males have inherent physical differences relevant to athletic performance.”

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Science recognizes that some people are “born with sex traits that don’t fit into typical male or female patterns,” to cite a discussion on the Cleveland Clinic web page on the topic “intersex.” The condition “may involve chromosomes, hormones, reproductive organs or genitals.”

From a psychological standpoint, medical science recognizes “gender dysphoria” as a real condition often requiring counseling and medical intervention such as the use of puberty blockers and hormones to stave off the development of secondary sex characteristics until the condition can be resolved.

No one disputes that there are physical differences between the sexes. Few would dispute that on average or even at the median, males may be bigger and more powerful than females, or that in certain contact sports the difference may be telling and on occasion dangerous.

But that’s not the same as asserting that the physical differences between males and females invariably mean that men will invariably prevail over women in all competitions or that their participation will endanger women.

The International Olympic Committee — in a policy statement Kavanaugh cited incompletely — says that in “most running and swimming events,” males have a 10% to 12% advantage over women. That’s a range that would accommodate the full spectrum of outcomes — transgender females win, cisfemales win, they tie. (The “cis” prefix denotes those living consistent with their birth gender.)

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West Virginia and Idaho addressed this ambiguity by banning transgender women from all girls’ teams. So under their rules transgender girls can’t play football or soccer with cisgirls. But what’s the argument in favor of banning them from the 100-yard dash, or cross-country track, or diving, or archery?

But something else is going on here. The Supreme Court’s ruling was almost preordained, given the years-long campaign by conservatives to demonize transgender individuals as if they’re members of an alien species.

It will be recalled that during his presidential campaign, Trump spun a despicable fantasy in which children were kidnapped in school and secretly subjected to sex-change operations.

Trump’s executive order wiped out policies aimed at protecting transgender adults from discrimination. He moved to outlaw gender-affirming medical therapies for anyone under 19 by cutting off federal funding for healthcare institutions that provide such care.

He banned transgender individuals from serving in the military and ordered federal prison officials to move transgender inmates into the general populations consistent with their birth genders, which exposes them to physical assault. (Federal Judge Royce Lamberth of Washington, D.C., has blocked the government from transferring three transgender women into the male prison population or terminating their hormone treatments.)

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I wrote during Trump’s first term, when his anti-transgender policies were still gestating, that the goal was to show that “one can target any community, as long as it doesn’t have a strong political voice or political power. These are the actions of bullies and cowards, pretending to be strong.”

Last year, the Supreme Court struck its first blow against transgender rights by upholding a Tennessee law banning transgender care, including puberty blockers and hormone therapy, for minors. Similar laws have been enacted in 25 other states. The majority in that ruling by Chief Justice John G. Roberts Jr. was identical to the one in the June 30 ruling — Roberts, Kavanaugh, and Justices Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Amy Coney Barrett.

Who are the targets of this ideological campaign? They number only about 1.6 million U.S. adults, or one-half of 1% of the U.S. population. About 300,000 adolescents ages 13 to 17, or 1.4%, identify as transgender, according to a study by UCLA School of Law.

In West Virginia, as Justice Sonia Sotomayor observed in her dissenting opinion, “there was no record of any transgender person participating in school sports in the State, let along any ‘problem’ with transgender students … creating unfair competition or unsafe conditions.”

In endorsing the flat bans directed at transgender women in Idaho and West Virginia, Kavanaugh argued that any attempt to implement case-by-case judgments of students’ requests to join sports teams inconsistent with their biological gender would create “an enormous practical and administrability problem.”

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Is that so? That wasn’t the case in Maine, where the annual K-12 population is more than 170,000. There, a committee was charged with determining whether a student’s participation in a sport consistent with their gender identity but inconsistent with their biological sex would “result in an unfair athletic advantage” or present a risk of injury to others. The committee held 56 hearings from 2013 through 2021, or an average of seven per year. During the entire time span, only four involved transgender girls. (The outcome of those hearings couldn’t be learned.)

It was Maine’s policy, one might recall, that provoked a confrontation between Trump and Maine Gov. Janet Mills at the White House last year, when Trump threatened to withhold federal funding from the state unless it barred transgender students from competing on women’s sports teams. “We’ll see you in court,” Mills snapped.

Whether the Idaho and West Virginia laws genuinely protect girls from unfair competition is questionable. (The Idaho law is styled the “Fairness in Women’s Sports Act.”) In practice, the laws may subject women in public schools to “invasive sex verification procedures,” as educational expert George Theoharis of Syracuse University wrote after the court ruling.

They’re also based on a retrograde view of women as fragile creatures needing men’s protection, Theoharis wrote — “the same logic that has historically been used to justify excluding women from making their own healthcare decisions and girls from rigorous math and science; that physically demanding work is simply beyond them.” (There don’t appear to be any state laws barring transgender women from competing in men’s sports.)

Becky Pepper-Jackson, the plaintiff in the West Virginia case, in which she is identified only as B.P.J., is the only transgender girl who sought to join girl’s teams — track and cross-country — in the state. That was in 2021, just after West Virginia passed its law and she was about to enter sixth grade. She didn’t appear to pose any competitive risk to others on the track and cross-country teams she applied to join — her lawyers told the Supreme Court that on those no-cut teams, she “came in near the back.”

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Anyway, she had not gone through male puberty, which theoretically might have endowed her with a competitive advantage, because she had been taking puberty blockers and female hormones.

Thanks to the court’s ruling, Sotomayor observed in a dissent joined by Justices Elena Kagan and Ketanji Brown Jackson, West Virginia can deny Becky access to school sports “because it thinks they have an inherent athletic advantage, even if the facts show that they do not.”

B.P.J., Sotomayor wrote, “cannot practice on girls’ teams, even if she would not take anyone’s spot in an eventual competition, even if everyone who tries out for the team makes it, and even if having the chance to participate could aid immensely in treating B. P. J.’s gender dysphoria.”

So whose interest was really protected by the Supreme Court?

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Orange County real estate investor pleads not guilty in $100 million bank fraud case

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Orange County real estate investor pleads not guilty in 0 million bank fraud case

An Orange County real estate investor accused of criminally defrauding an Arizona bank of nearly $100 million pleaded not guilty Monday and remains in custody.

Mahender Makhijani, 44, of Corona del Mar — who also was ordered by an arbitrator to pay $1.34 billion in a separate civil fraud case — was arraigned in Santa Ana federal court on two charges.

He is accused of bank fraud and making a false statement to a bank in a June 8 case involving a $100 million real estate loan made by Phoenix-based Western Alliance Bank. He was taken into custody on June 10.

Makhijani is accused of providing bogus collateral for the October 2024 loan now in default. In a civil lawsuit, Western Alliance said the outstanding balance as nearly $99 million.

Prosecutors say he falsified title insurance policies that showed the bank would have a first lien on the underlying collateral if the loan went bad, when in fact it did not.

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A trial was set for August 11 before U.S. District Judge David O. Carter in Santa Ana.

Michael Schachter, his criminal defense attorney, did not respond to messages seeking comment.

In the civil case, an arbitrator in May ordered Makhijani to pay Laguna Beach real estate mogul Mohammad Honarkar $1.34 billion after ruling he had fraudulently induced him into a 2021 joint venture — and then wrested control and lost to creditors more than two dozen properties Honarkar had owned.

Makhijani has not been criminally charged in that case, but prosecutors alleged in an affidavit in support of the bank fraud charges that he used “force and threats” in his dealings with Honarkar and others — including taking over the landmark Hotel Laguna in 2023 that Honarkar was renovating.

Prosecutors sought to hold Makhijani without bail after his arrest.

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The affidavit noted he is a legal Indian immigrant with a home and bank accounts in that country, has access to private jets and threatened to “run away” if caught in a difficult situation.

The request was denied and he was granted $500,000 bail.

However, Makhijani remains in custody after a hearing sought by prosecutors last month before Magistrate Judge Autumn Spaeth.

The judge declined to accept a $450,000 cashier’s check submitted by a Makhijani associate for the bail, finding insufficient proof the source of the funds was legitimate, according to court records.

Makhijani is not prominent outside Orange County real estate circles, but he established a thriving distressed-assets business over the last decade that attracted prominent Southern California real estate investors.

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Prosecutors said it paid for a lifestyle that included two multimillion-dollar homes in Corona del Mar, a luxury apartment in Newport Beach and various luxury vehicles.

As of last month, prosecutors had not fully traced his assets, which they believe are not held in his name and some of which may be in India.

The businessman employed an array of shell companies and strawmen to sign documents on his behalf, and to stand in for him as operators of his companies, according to the affidavit.

Makhijani told an associate he took extra precautions because wanted to insulate himself from litigation and that “they were sharks in the distressed world who took advantage of people,” the affidavit stated.

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Many indie festival films struggle to get distribution. Alamo Drafthouse is trying to change that

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Many indie festival films struggle to get distribution. Alamo Drafthouse is trying to change that

Dine-in movie theater chain Alamo Drafthouse Cinema is launching a new initiative to show unreleased independent films that had successful festival runs, a move that comes as specialty films have struggled to gain distribution.

The Alamo Exclusives program, announced Wednesday, will give limited theatrical runs to films that showed at festivals including Sundance, the Toronto International Film Festival, Tribeca Festival and South by Southwest festival, as well as Alamo’s own Fantastic Fest.

The idea is to help showcase films that received critical acclaim, but did not secure distribution or acquisition deals. The chain will not acquire these films, but instead will enter into agreements with filmmakers to exhibit their films on Alamo Drafthouse screens. By showing these films to audiences on the big screen, these films could get the momentum they need for further opportunities.

The program’s first film will be the documentary “Butthole Surfers: The Hole Truth and Nothing Butt,” which debuted last year at South by Southwest and chronicles the history of the punk rock band.

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The film will be shown in Alamo Drafthouse theaters for a limited time later this summer.

The Austin-based chain, which is owned by Sony Pictures, has a long history of curating indie films for its audiences, giving Alamo Drafthouse confidence that its viewers want to see these kinds of movies, company chief executive Michael Kustermann said in a statement.

“Time and again, they’ve shown they’ll come out to support bold, original films when given the opportunity,” he said. The new Alamo Exclusives “gives us another way to champion filmmaker-driven films that deserve to be discovered and connect them with the wider Alamo Drafthouse audience.”

The initiative comes at a difficult time for indie films. Since the pandemic upended the movie business, traditional studios and distributors have had less appetite for risk, including betting on smaller indie films out of festivals.

And as the 2023 dual writers’ and actors’ strikes thinned out theatrical lineups, that aversion to uncertainty became a push for reliable and profitable hits.

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“Too many incredible films premiere at festivals and then never receive the theatrical life they deserve,” Lisa Dreyer, director of Fantastic Fest and film innovation at Alamo, said in a statement. “We are actively searching for films across all genres, from horror to comedy, to everything in-between, to champion in this new, exciting way.”

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