Penalties

IRS Penalties: There Are Legal Ways to Get Them Removed

Penalties are not always final. The law gives you grounds to ask.

Under IRC 6651, the failure-to-file addition is generally 5 percent of the unpaid tax for each month or part of a month, up to 25 percent, and the failure-to-pay addition is generally 0.5 percent per month, up to 25 percent. Interest runs on top. A tax bill grows quickly.

Reasonable cause

Most of these penalties do not apply when the failure was due to reasonable cause and not willful neglect. Serious illness, disaster, and similar events can qualify. Documentation decides these requests.

Ask in writing

A penalty relief request is an argument. Facts, documents, and the legal standard, presented clearly. If the first request is denied, appeal rights may be available.

Fraud penalties are different

If the failure to file was fraudulent, IRC 6651(f) raises the rate to 15 percent per month, up to 75 percent. The civil fraud penalty on underpayments is 75 percent under IRC 6663. Those are not reasonable cause cases. See the civil fraud penalty guide.

General information only, not legal advice. Reading this page does not create an attorney-client relationship. Laws and IRS procedures change; the sources cited were reviewed on the date shown above.

Before you talk to an agent

Exposure is a legal problem. Treat it like one.

If you think a tax problem could carry criminal exposure, talk to a lawyer before you talk to the IRS. Conversations with your lawyer are privileged. Conversations with an agent are evidence.