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Resolution Programs

IRS Penalty Abatement Procedure

The IRS assesses tens of billions in penalties each year — and abates a meaningful portion when properly requested. Two paths exist: First-Time Abatement (FTA) administrative waiver, and Reasonable Cause under IRC §6664.

Checklist Summary

An at-a-glance view of every step covered in this guide.

  • Step 1: Pull transcripts to identify all assessed penalties by period.
  • Step 2: Screen for FTA eligibility on the earliest applicable period.
  • Step 3: Draft reasonable-cause statement for remaining periods with documentation.
  • Step 4: Submit via IRS phone (small balances) or Form 843; appeal any denial.

Key Forms & Notices

  • Form 843 (Claim for Refund)
  • Written reasonable-cause statement

Statutes & Authority

  • IRC §6651 (FTF/FTP)
  • IRC §6664(c) (reasonable cause)
  • IRM 20.1.1.3.6.1 (FTA)
01

First-Time Abatement (FTA)

Administrative waiver of failure-to-file, failure-to-pay, and failure-to-deposit penalties for a single tax period. Requires: no penalties in the prior 3 years, all returns filed, and payment or IA in place. Available once per taxpayer per penalty type on a rolling basis.

02

Reasonable Cause

Under IRC §6664(c), penalties are abated when the failure was due to reasonable cause and not willful neglect. Common substantiated causes: serious illness, death in family, natural disaster, records destroyed, reliance on tax professional (narrow). Requires a written explanation with corroborating documentation.

How the Procedure Works

  1. 1Pull transcripts to identify all assessed penalties by period.
  2. 2Screen for FTA eligibility on the earliest applicable period.
  3. 3Draft reasonable-cause statement for remaining periods with documentation.
  4. 4Submit via IRS phone (small balances) or Form 843; appeal any denial.

Frequently Asked Questions

Can I get interest abated?

Interest is statutory and generally not abatable — but abating the underlying penalty also abates the interest that accrued on that penalty.

How much can penalty abatement save?

Failure-to-file plus failure-to-pay penalties can reach 47.5% of the balance. Full abatement across periods can eliminate tens of thousands.

Can I request FTA over the phone?

Yes. For balances typically under $25,000, an IRS representative can grant First-Time Abatement on the call once eligibility is verified — no Form 843 required.

What counts as 'reasonable cause'?

The IRS looks for events outside the taxpayer's control: serious illness, hospitalization, death of an immediate family member, natural disaster, or destruction of records. Generic 'I was too busy' or 'I forgot' explanations are denied.

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