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The penalty generally consists of five percent of the tax that you owe for each month, or part of a month that the return is late, capped at 25 percent. There's no penalty for failure to file if you're due a refund.There is usually no penalty for failure to file if your tax return results in a refund. The maximum total penalty for failure to file and pay is 47. Failing to file a tax return can be classified as a federal crime punishable as a misdemeanor or a felony. Beware: No statute of limitations. We assess a penalty for failure to file complete, correct, and timely information returns. The penalty is calculated per payee:. You can file for an extension. Filing an extension gives you an additional six months to October 15, 2023, to submit a complete return.