Qualifying and Requesting IRS First Time Penalty Abatement Waiver

first time IRS penalty abatement

First-time penalty abatement (FTA) is when the IRS removes penalties from your taxes owed. That includes penalties for failure to file, failure to pay, and failure to deposit. The IRS also removes interest related to those penalties. It applies to the tax periods ending after December 31st, 2000, and it is sometimes, called one-time forgiveness

Which Penalties Does the First Time Penalty Abatement Cover?

The FTA erases failure-to-file penalties for 1040s (individuals) and S-Corps. The IRS considers a Substitute For Return (SFR) as a filed return. In either case, this is a stiff penalty for failing to file or filing late. The penalty is 5% of your balance per month.

The FTA also eliminates the failure-to-pay penalty for 1040s (individuals). This penalty is 1/2 percent (.5%) of your outstanding taxes owed per month. If you have penalties related to an audit, you may be able to get rid of those as well (but not accuracy-related penalties).

Finally, the FTA also erases penalties related to a Failure to Deposit (941s) regarding payroll taxes (employment taxes).  This would include things such as the deposit wasn’t made timely, for the correct amount, or in the correct manner.


How to Qualify for the First Time Penalty Abatement

To qualify for this penalty abatement, you must meet three basic criteria:

1. You incurred no penalties or penalty abatements for the three prior tax years.

The IRS only considers penalties that exceed $100. For example, if you received a $50 penalty in one of the previous three years, you can still qualify for the abatement.

If you incurred penalties for underpaying estimated tax in previous years, don’t worry. The IRS does not take those penalties into account. You can still qualify for the first-time penalty abatement.

2. You have filed all required returns or extensions (IRS considers you compliant)

If you have outstanding paperwork, you will not qualify. Before applying, make sure that you have filed all requested tax returns and extensions with the IRS.

3. You have made payment arrangements on your outstanding taxes.

You also must have paid your taxes owed in full or set up a payment arrangement (installment agreement) on your outstanding taxes. If you are on a tax payment plan, you must be making regular payments. Your arrangement must be in good standing.

How to Apply for a First Time Penalty Abatement

Taxpayers may apply for first-time penalty abatement online, in writing, or over the phone. In some cases, if you qualify, the IRS removes the penalties on the spot. In other cases, the IRS agrees to remove the penalties, but it does not do so until the tax owed is paid in full. To get an FTA, the taxpayer has to have an outstanding balance or the RSED (refund statute expiration date) for the FTA year in question cannot be expired.

If the IRS refuses to remove the penalties right away, you will continue to see the penalties growing. As long as you qualify for the abatement, you don’t have to worry about that. The penalties will be removed eventually.

How Much Can Be Abated

The IRS only removes penalties incurred in the first year. There is a monetary limit on the number of penalties that can be removed. The agency has not published a limit, but it appears to be up to $10,000 for most phone calls. Taxpayers can get an FTA over $10,000 but generally requires the request in writing. Furthermore, the IRS allows the FTA once every four years.

Abatement for Penalties More Than a Year Old

If you have tax penalties that extend back more than a year, the IRS will only remove them if you show “reasonable cause.” That means that you had a serious reason for not paying or filing your taxes.

To qualify, the situation must be out of your control. However, you must also show that you took steps to get past the issue. Basically, the IRS wants to see that you really tried to pay your taxes, but that it truly wasn’t possible.

Examples of Reasonable Cause

There are a number of situations that can constitute reasonable cause. Here are some of the most common reasons accepted by the IRS:

  • Records destroyed by flood, fire, or natural disaster
  • Inability to calculate the amount owed due to a lack of records
  • You were in Rehab or Prison
  • You were held hostage in another country
  • A close family member (spouse, child, etc) died
  • A civil disturbance such as a mail strike prevented you from making payment
  • You received bad information from a tax professional
  • Bad advice from an IRS representative

In some cases, you can even receive an abatement for an error. However, you need to demonstrate that the error was made in good faith. The IRS may also accept other reasons. You should show that the issue created a situation where you truly couldn’t pay or file on time.

The IRS offers first-time penalty abatement and abatement for reasonable cause for years. However, many people don’t even know about these programs.

If you are looking for assistance with a tax professional who has penalty abatement experience, you can use this link or you can start a search below: 


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