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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.Failing to file a tax return can be classified as a federal crime punishable as a misdemeanor or a felony. The maximum total penalty for failure to file and pay is 47. 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. If the return is filed late with net tax due, both the late filing and late payment penalties will be assessed at the same time. The end of the 2023 tax season for most Americans is April 18, 2023. If you are unable to file before that date you still have options. If you file more than three months after the due date (including extensions), a 20 percent late-filing penalty will be added.