I missed the filing date and never sent an extension — what now?
File the return. An extension is a request made before the return falls due; once that date has gone there is nothing for it to extend, and transmitting one afterwards does not change the position. What matters now is getting the return in and dealing separately with the balance, because the exposure grows with the delay and with the amount left unpaid. The two are charged differently, which is worth separating before either is settled: one attaches to the return not being filed, the other to money not being paid. Once the return is in, a relief request can be built on the reasons the year ran late, evidenced rather than asserted.
Does a late Form 4868 still extend anything?
No. It is a request for additional time made while time remains, so a request sent after the original due date has nothing left to operate on. Filers often expect a rejection to make this clear and are surprised when nothing arrives; the practical sign is that the return is then treated as late from the original date, not from the date the request was sent. There is no separate penalty for having sent the form late — the form itself is not what is being penalised. The exposure sits on the return that is now overdue and on any balance that went unpaid, and that is where the work goes.
I filed the extension on time but paid nothing — what happens?
The extension stands and the return is not late. The balance is a separate matter and it was due on the original date, so interest and, where applicable, penalties run on the unpaid amount from that date even though the extension is perfectly valid. That is the split most people miss: the form bought time for the paperwork, not for the money. In practice the notice arrives after the return goes in and both charges are already running. The order we work in is to quantify the balance and pay it, so nothing further accrues, and only then to look at whether the penalty element can be addressed on its own facts.
My estimate on the extension was too low — does that matter?
It can. The estimate is the figure the request is judged against and the figure you pay to, so a balance that turns out materially larger raises a question about how the estimate was arrived at. The answer is much easier where the working was recorded at the time — interim foreign figures, draft accounts, a prior assessment adjusted for known changes — and much harder where the number was simply entered. If you are here after the fact, reconstruct the basis honestly from what was actually available when the request was made, and keep it with the file. Understating deliberately and understating on incomplete foreign information are not the same thing, and the file should show which it was.
Can a late filing penalty be removed if I had a good reason?
Relief is available and it is discretionary, which means it turns on the circumstances that caused the delay and on the evidence for them, year by year. A request that says the year was difficult achieves little. One that sets out a chronology — when the foreign information was requested, when it arrived, what was filed and paid at each point — is doing the actual work. The application has to sit consistently with the returns themselves, so we prepare it from the same chronology the filings rest on. Reasonable cause statements is the page that takes this in order.
Does interest run even when my extension was accepted?
Yes, on an unpaid balance. Acceptance of the extension says nothing about the money; it moves only the date by which the return has to be in. Interest runs on what was owed from the original due date, and where applicable a penalty on the unpaid amount runs alongside it. For cross-border filers this catches people twice over, because the foreign tax that will eventually offset the US liability is often paid on another country's timetable, so waiting for the foreign assessment before paying anything can leave interest running on a liability that later shrinks. Paying against a carefully built estimate is what stops that.
Do NRIs pay tax on money sent to India?
Sending your own funds to India is a transfer of capital, not income, so the remittance itself is not taxed. What is taxable is income the money then earns in India — interest, rent, capital gains — under the rules for the account type it sits in. Sending money out of India is the direction that needs certification before the bank will act. See NRE, NRO and FCNR accounts.
How do I actually stop being taxed twice?
In this order. Fix your residence under each country's own rules, and if both claim you, apply the treaty tie-breaker. Identify where each type of income is sourced. Read the article that covers that income type, because it decides who taxes and at what maximum rate. Then claim the relief on the residence-country return, with proof of the foreign tax. Most of the tax people lose to double taxation is lost at the last step, not the first. See how double taxation is relieved.
