The Internal Revenue Service (IRS) provides some penalty relief options, such as First-Time Abatement, Reasonable Cause exceptions and certain claim processes during the pandemic. These programs may be able to lower or eliminate your additional penalties, but you still have to pay the tax or interest, which is not so common that it is waived.

Top and Best IRS Penalty Relief Options

    • First-Time Penalty Abatement (FTA)
    • Reasonable Cause Relief
    • COVID-19 Penalty and Interest Refunds

How to Request Relief

  1. Call the IRS Directly
  2. Submit Form 843
  3. Send a Written Letter

How IRS Penalty Relief Can Help Reduce Tax Penalties and Interest

As pointed out by Advocate Shahid (Tax Analysis and Advisory Specialist). The Penalty notices from the IRS can be worrisome — not only because of the penalties, but also because of the interest that can compound the debt due. But, if the taxpayer has met certain requirements, he or she may be able to ask IRS penalty relief for tax penalties and interest.

IRS penalty relief is a way to ask for a penalty reduction or removal for certain penalties that may have been imposed due to reasonable circumstances, compliance problems or qualifying exceptions. Typically, the tax is still owed, but the IRS may also waive penalties that were applied or imposed due to factors outside of the taxpayer’s control or due to a mistake by the IRS.

What Is IRS Penalty Relief for Tax Penalties and Interest?

IRS penalty relief is a procedure that can be utilized to get IRS penalties reduced or eliminated. Each IRS request is based on tax laws, taxpayer history, supporting documentation and the reason for the penalty.

The unpaid taxes are not cancelled automatically if you’re granted penalty relief. Rather, it is directed at the elimination of other charges that may have arisen because of such factors as illness, disaster, bad professional advice or when the taxpayer exercised reasonable care.

The IRS might consider allowing for a number of reliefs, such as:

The intent is to offer relief to taxpayers for the IRS penalties if they can prove that they did not have to pay a tax obligation but had a good excuse for not doing so.

Let’s say that this is the case for John, a small business owner who usually filed his taxes when they were due. It was a serious family emergency for John for three months during the filing period, so that he did not file his return. Failure to file was penalized by IRS.

Why Does the IRS Charge Penalties and Interest?

The IRS imposes penalties and interest to remind tax payers to pay and file their taxes on time. The charges are in addition to the unpaid taxes and can add up over time, causing larger unpaid tax balances.

The IRS can impose penalties for a variety of reasons, such as:

Before asking for a penalty, it is important to understand the reasons for the penalty.

Failure-to-File Penalty

Failure to file any required tax return, even tax returns provided with an extension of time will incur a failure-to-file penalty.

Generally, the IRS will determine this penalty when it is based on the following factors:

If a taxpayer failed to file a return, had a severe hardship or was given false information by a tax advisor, he or she may consider IRS penalty relief for late filing.

Just filing late, however, does not make anyone eligible for relief. Taxpayer is required to generally offer a valid clarification and proof.

The IRS analyzes the taxpayer’s actions in attempting to comply, and the reason for failure due to circumstances beyond normal control.

Failure-to-Pay Penalty

Failure to pay penalty; When taxpayers do not pay the taxes they owe on time.

Common reasons include:

The IRS may be contacted by phone too late if you delay for too long.

The Internal Revenue Service (IRS) may keep imposing penalties and interest on the debt until the debt is settled. If a taxpayer is unable to pay the amount of tax on the spot, they should consider IRS tax debt relief options, instead of avoiding paying the tax.

If you’re unable to cover the amount due for your tax debt, you can request IRS penalty relief for tax debt, which will help avoid additional fees to raise the total liability.

Other IRS Penalties

Besides penalties for filing and payment, the IRS could impose other penalties such as:

Accuracy-Related Penalty

This can be the case where there are large errors, incorrect deductions or under-statements on a tax return.

Estimated Tax Penalty

There is a risk of penalties for under-payment of estimated taxes for self-employed persons, business owners and taxpayers who have income that is not subject to withholding.

Information Return Penalty

Failure to timely and correctly file information returns may result in penalties for the businesses.

Negligence Penalty

This may be applicable in cases where the taxpayers do not make reasonable efforts to adhere to tax laws.

Understatement Penalty

Penalties may be imposed if the amount of taxes reported is significantly less than the amount actually due.

Payroll Tax Penalty

The fines for businesses that don’t properly handle payroll tax deposits can be severe.

The knowledge of the exact type of penalty is crucial as each penalty could have various relief options.

Can IRS Penalties and Interest Be Forgiven?

Yes, the IRS can alleviate or eliminate some of the penalties if certain requirements are met. But, interest relief is usually less in scope than penalty relief.

Some taxpayers question whether the IRS can completely exempt them from IRS penalties and interest. This is a complicated answer.

Those seeking relief from the penalty may be able to get it done by means:

Interest is a separate item and it is usually mandatory by law, and accrues on unpaid tax balances. In certain rare instances, taxpayers may be eligible to have interest remitted by the IRS because of unreasonable delays by the IRS or special circumstances.

IRS interest calculation methods are employed with the IRS to calculate the charges depending on the following:

It’s important for taxpayers to realize that the removal of penalties does not always mean no interest on unpaid taxes.

Who Qualifies for IRS Penalty Relief?

The taxpayer’s facts, his compliance history, and the reason for the penalty will all be a factor in determining eligibility.

The IRS has a broad definition of the following:

Reasonable Cause Penalty Relief

One of the more frequently used forms of penalty removal is by requesting relief under the “reasonable cause” exception.

When a taxpayer has reasonable efforts to pay on time, but circumstances arose which prevent him or her from complying with the payments on time, the IRS may consider reasonable cause.

Examples include:

Serious Illness

If the taxpayer or member of his/her immediate family suffers from one of the major medical conditions, it may qualify.

Natural Disasters

Taxpayers may not be able to fulfill their tax responsibilities due to a disaster, like a hurricane, flood, fire or other disaster.

Death in the Family

Taxpayers may have a difficulty filing or paying their tax when a death or serious family emergency occurs.

Incorrect Professional Advice

Sometimes a tax practitioner may give incorrect advice to a taxpayer and the taxpayer may rely on this information in good faith.

Unavoidable Circumstances

Other unanticipated events may be acceptable based on the facts.

To earn IRS reasonable cause penalty relief, taxpayers need to be sure to document and communicate clearly and honestly to the IRS that they have a reasonable cause.

The IRS considers it to be the taxpayer’s obligation to prove that he or she exhibited:

A strong request provides a description of what, when, how, and what was done afterward to address the issue which is compliance.

First-Time Penalty Abatement (FTA)

The IRS’s first-time penalty abatement program is a program that will remove some penalties for taxpayers who have a good IRS tax history.

This is an administrative exception NOT a right. The IRS takes into account the following:

First-Time Penalty Abatement is available for taxpayers that have only made a single mistake, and generally file their taxes correctly.

For instance, a taxpayer has properly filed and paid taxes for several years but forgot to file and pay for one year due to an unforeseen problem could be eligible.

Statutory Exceptions and IRS Compliance Relief

However, in certain instances, there are specific exemptions in the tax laws that allow penalties to be lessened or eliminated.

Examples may include:

If the IRS has issued a penalty notice, a taxpayer who wishes to petition for relief from the penalty should carefully review the notice to ascertain if the IRS used the proper rules in imposing the penalty.

A taxpayer would especially need documentation if they think that the IRS made a mistake. Documentation of timely filings, payments, communication with the IRS, or attempts to communicate with the IRS may be helpful.

Process to Request IRS Penalty Relief (Step-by-Step)

Getting IRS penalty relief will take some preparation, documentation and a good explanation as to why the penalty is being sought. A strong request is one that has facts, IRS rules and evidence to back up the taxpayer’s position.

If you are answering a notice, correcting a mistake, or challenging an incorrect assessment, it is better to follow the correct process to help ensure you can get some relief.

1 — Review Your IRS Notice Carefully

The first thing to do is to determine the reason the IRS imposed the penalty and what to do if the notice.

Some of the most common IRS notices that carry penalties are:

Please check:

When ignoring an IRS notice, options are limited. It is important for taxpayers to receive a notice and be aware of their rights and respond in a timely manner.

IRS notice and IRS penalty relief are often sought after by many taxpayers because they don’t know how to react when they receive a collection letter or a penalty letter from the IRS. The answer varies depending on the circumstances of the tax payers and the reason for the penalty.

2 — Determine Which Relief Option Applies

On the basis of the notice, decide which of the methods of penalty relief is applicable in your case.

Common options include:

First-Time Penalty Abatement

Ideal for taxpayers who have a good compliance history, making an isolated mistake.

Reasonable Cause Relief

Applicable if the taxpayer did not comply due to unforeseen events.

IRS Appeal

If taxpayers disagree with an IRS determination or think that the penalty amount is wrong.

Payment Arrangement

For those who are not able to eliminate penalties, there may be options available to pay them, including installment agreements.

Knowing what these IRS penalty relief guidelines are and what might be eligible for IRS penalty relief before requesting it helps to avoid any delays.

If a taxpayer thinks the IRS has made a wrong decision, he or she might look at IRS penalty relief, and submit records to the IRS stating why the penalty should be reconsidered.

3 — Prepare Your Penalty Relief Request

A successful request will contain a good explanation and supporting documentation.

Typically a penalty relief request will outline:

  1. What happened
  2. Why the taxpayer could not comply
  3. When the problem occurred
  4. How the taxpayer corrected the issue
  5. Why penalty removal is justified

Typical requests that the IRS does not approve are those that include only statements like:

The explanation should show reasonable efforts and circumstances why compliance cannot be achieved.

Documents That May Support Your Request

Depending on the situation, it can be helpful to have the following evidence:

For instance, if the illness caused an individual to miss filing taxes on time, they need to obtain medical proof of the illness and how it made it hard for them to file on time.

4 — Submit IRS Form 843 When Applicable

If necessary, submit IRS Form 843.

In some instances, taxpayers are able to submit a claim for penalty relief on IRS Form 843 (Claim for Refund and Request for Abatement).

The form can be submitted for abatement of some:

The IRS Form 843 instructions should be read by the taxpayers.

5 — Wait for IRS Review and Response

The IRS considers the request after it is submitted, and will consider the following:

Possible outcomes include:

Approval

The IRS eliminates and/or lowers qualifying penalties.

Partial Approval

There may be some penalties that are dropped off, some that are kept on.

Denial

If there are any requirements that are not met, the IRS may reject the request.

If denied you may be able to contact the following:

Documents Required for IRS Penalty Relief Request

Creating documents ahead of time will streamline and expedite the process of contacting the IRS.

Personal Information

Tax Records

Supporting Evidence

The more compelling the evidence the easier it will be for the IRS to determine if relief is merited.

How to Reduce IRS Penalties and Interest on Tax Debt

For many taxpayers, the IRS penalty and interest is a last concern when they realize their taxes are going to be in debt.

There are a number of strategies that can be helpful.

Request Penalty Abatement

The first is to ask to have the penalty removed via:

Individuals would be freed from penalties but the tax would not be reduced to bring the tax load closer to the original amount.

Correct Tax Filing Mistakes

Tax penalties are sometimes due to errors on the tax return.

  1. Solutions may include:
  2. Filing amended returns
  3. Correcting missing information
  4. Providing additional documentation
  5. Updating inaccurate records

Making corrections to tax filing errors can avoid further penalties and ensure better tax compliance.

Consider IRS Tax Debt Relief Options

If the taxpayer is unable to pay the full amount, there are other IRS programs that may assist the taxpayer.

Options include:

Installment Agreement

Provides taxpayers with an option to pay their taxes over a period of time by making payments.

Offer in Compromise

May be able to settle tax debt for less than the amount that taxpayers are liable for.

Currently Not Collectible Status

May temporarily delay collection if the financial hardship would be caused if the money were collected.

These programs fall under the umbrella of IRS tax debt relief programs and can offer IRS collection relief to the qualifying taxpayers.

Taxpayers who are having difficulty paying their taxes could benefit from professional advice in determining what is the best option for them.

What Happens If You Cannot Pay IRS Penalties and Interest?

A failure to deal with IRS debt typically exacerbates the problem.

If penalties are not paid, the taxpayers could deal with:

While many people are not able to make their tax payments, their tax debt continues to grow with the IRS, causing tax-related stress for the many taxpayers who experience it.

As the time goes by, the more crucial it is to explore the solutions that are available.

If you are unable to pay IRS penalties and interest, it’s important that you reach out to the IRS or a knowledgeable tax expert before you run into more serious IRS collection issues.

How Much Does IRS Penalty Relief Help Cost?

The cost will vary depending on whether taxpayers perform the task on their own or have professional help perform the task.

DIY IRS Penalty Relief Request

Taxpayers can apply for relief!

Potential costs:

However, there may be delays to approval due to errors and/or missing information.

Professional IRS Penalty Relief Services

Services may include:

Tax professionals may charge:

Should You Hire a Tax Lawyer or IRS Penalty Relief Specialist?

Professional assistance might be useful if there is:

Large tax balances

A seasoned IRS tax penalty lawyer or IRS penalty abatement attorney can help assess the situation, get ready documentation and interact with the IRS.

Professional help can comprise of:

No tax professional can ensure that penalties will be waived; however, they can help make the best case presentation.

Common IRS Penalty Relief Mistakes and How to Avoid Them

1: Ignoring IRS Notices

Failure to respond to notices may lead to increased collection activities.

Solution:

Work on time and be aware of what options you have.

2: Requesting Relief Without Evidence

An explanation without documentation might not be sufficient.

Solution:

Include evidence to explain why you are not compliant.

3: Paying the Entire Balance Without Exploring Relief

There are taxpayers who pay penalties right away and don’t find out if there is any relief available.

Solution:

Examine penalty abatement alternatives prior to making payment judgements.

4: Submitting Incorrect Forms

Wrong info can lead to delay in processing.

Solution:

Carefully examine IRS requirements prior to sending papers.

If taxpayers think that the IRS has assessed the wrong amount of tax, they should consider IRS penalty relief if penalty was assessed or appeal the assessment with supporting evidence.

Likewise, taxpayers who think they followed the filing rules should consider IRS penalty relief by sending proof to the IRS, like an electronic filing confirmation or certified mailing record, showing they filed on time.

IRS Penalty Relief Case Example

Small Business Owner With Payroll Tax Penalties

A small business owner had some temporary issues with their cash flow and was unable to timely deposit the payroll taxes.

Problem:

Payroll tax penalties and interest were imposed by the IRS.

Solution:

The taxpayer:

Outcome:

The IRS looked at the facts and paperwork and lessened the taxpayer’s burden of penalties.

This is just another illustration of why it’s beneficial for taxpayers to solve issues with the IRS before the penalties pile up.

IRS Penalty Relief Legal References and Tax Rules

Significant legal resources are:

IRC §6651

Covers failure to file and failure to pay penalties.

IRC §6662

Addresses accuracy-related penalties.

IRC §6404

Also sets some limited rules on abatement of interest.

The IRS uses these rules to consider requests for relief, taxpayer explanations, and to determine the amount of penalty to assess.

Official IRS Resources and Contact Guidance

The IRS website is an official source that taxpayers can use for the official resources.

Useful tools include:

The IRS website provides information about:

Frequently Asked Questions About IRS Penalty Relief

1. What is IRS penalty relief?

If a taxpayer has a good reason for requesting the relief or qualifies for IRS relief, the IRS provides penalty relief to certain taxpayers.

2. Can IRS penalties and interest be forgiven?

The IRS can forgive some penalties, but not interest relief — which typically is only available in special circumstances.

3. How do I request IRS penalty abatement?

A request for abatement can be made to the IRS, documentation submitted or IRS Form 843 if applicable.

4. What qualifies for IRS reasonable cause relief?

This may include ordinary business care and prudence in serious illness, disaster, unavoidable circumstances and others.

5. What is First-Time Penalty Abatement?

It’s an IRS administrative waiver that could waive some of the penalties for those who have had a history of good compliance.

6. How long does IRS penalty relief take?

The IRS has a workload and the processing time may be different depending on the complexity of your request, the documentation you submit, and IRS workload.

7. Can a tax lawyer remove IRS penalties?

A tax lawyer can’t ensure removal but can assist in preparing requests, working out with the IRS, and represent you.

8. What happens if the IRS denies my penalty relief request?

You can ask for reconsideration, provide more information, or appeal a decision, or consider other IRS resolution options.

Conclusion: Take Action Before IRS Penalties Grow

Taxpayers can fall victim to IRS penalties and interest which can add up quickly, but there may be options for relief. Knowing the type of penalties, collecting the right paperwork and adhering to IRS guidelines can help increase your chances of minimizing penalties that are not warranted.

There are a number of options available for IRS penalty abatement, reasonable cause relief and tax resolution programs that can help safeguard your financial situation.