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Tax & Customs

IRS Penalty Abatement

IRS notices often add penalties on top of tax and interest, and the penalty line can be the part that feels most unfair. IRS penalty abatement is the process of asking the IRS to remove some or all of it.

Reviewed

01 GUIDE

IRS Penalty Abatement: what usually happens

Routes to relief

There are several distinct grounds for asking. First time abatement is an administrative waiver for certain filing, payment, and deposit penalties when your recent record is clean. Reasonable cause relief applies when you exercised ordinary business care and prudence but still could not comply, for example because of serious illness or a disaster. Some penalties can be removed because of an IRS error, or because you relied on incorrect written advice from the IRS itself. Disaster declarations often postpone deadlines automatically, which may mean a penalty should not have been charged at all. Each route has its own standard, and the right one depends on which penalty is involved.

Matching the request to the penalty

Penalties are not all treated the same way. Late filing and late payment penalties are the most common candidates for relief. Accuracy-related penalties, which apply to understatements on a return, have their own reasonable cause and good faith defense that looks at the effort you made to report correctly. The penalty for underpaying estimated tax works more like interest and has narrower waivers. Penalties for late international information returns, such as forms reporting foreign gifts or foreign companies, can be large and are often contested on reasonable cause grounds. Start by reading the notice carefully to identify exactly which penalty was charged and for which year.

If the IRS says no

A denial is not always the end. You can usually ask for reconsideration with more documentation, or request review by the IRS Independent Office of Appeals, which is separate from the office that made the decision. If you already paid the penalty, a refund claim may be possible, but it must be filed within a set period. In some cases, penalties can also be raised in Tax Court or in a refund suit as part of a broader dispute. We look at the notice, the facts behind the penalty, and what was already submitted, and then decide whether a phone request, a written request, or an appeal is the sensible next step.

02 ATTORNEYS

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Attorney Advertising. This page is general information about IRS penalty abatement and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.