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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. Remember that the penalties for not filing a tax return or a tax extension are higher than not paying taxes owed. The penalty for not filing on time is 4. 00 for each late report. ​If you fail to file timely, your account will be forwarded to the Division of Collections. An estimate of the amount due may be billed. Section 7203 of the Internal Revenue Code creates the federal crime of willfully failing to (1) file a tax return, (2) supply information, or (3) pay a tax.