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IRS Penalty Abatement

Remove IRS late-filing and late-payment penalties. First-time abatement is the IRS’s best-kept secret — most filers qualify and don’t know it.

Updated April 2026 · 6 min read · Penalty Abatement

The IRS adds penalties on top of your tax bill — failure-to-file (5% per month, capped at 25%), failure-to-pay (0.5% per month), and accuracy-related penalties can collectively double your balance over a few years. Penalty Abatement removes those penalties when you qualify, often eliminating $1,000s from what you owe.

First-Time Penalty Abatement is the easiest IRS relief to qualify for, yet 95% of taxpayers never request it. Three minutes on a free consultation tells you whether you're one of them.

Two main paths to penalty relief

First-Time Abatement (FTA)

The IRS will waive late-filing, late-payment, and failure-to-deposit penalties for one tax period if:

  • You filed all required returns (or have a valid extension) for the past three years
  • You paid (or arranged to pay) any tax due
  • You haven't received a penalty in the prior three years

This is automatic if you ask. There's no application fee. Many taxpayers qualify and don't know to ask.

Reasonable Cause

If FTA doesn't apply, you may still qualify for Reasonable Cause relief based on circumstances beyond your control:

  • Serious illness or death in the family
  • Natural disaster, fire, or theft
  • Inability to obtain records
  • Reliance on professional tax advice (in narrow circumstances)
  • Other circumstances showing you exercised ordinary business care and prudence

What penalties can be abated

  • Failure-to-file penalty — up to 25% of unpaid tax
  • Failure-to-pay penalty — 0.5% per month, capped at 25%
  • Failure-to-deposit penalty (employment taxes) — up to 15%
  • Accuracy-related penalty — usually 20%, harder to abate without professional help

What's NOT abatable

Interest charges generally cannot be abated unless the underlying penalty is removed (in which case interest on that penalty is also removed). Civil-fraud and tax-fraud penalties are also rarely abated.

How to request abatement

FTA requests can often be made over the phone with the IRS. Reasonable Cause requests usually require a written statement (Form 843) with documentation. We've seen the IRS reverse decisions that initially looked impossible — the difference is often in how the request is framed and what evidence is attached.

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