Sample Penalty Abatement Letter to IRS to Waive Tax Penalties

penalty abatement letter

If the IRS has assessed penalties against you for failing to pay your federal taxes in full, paying them late, or failing to report your income, you do have the option of requesting that the IRS abate or forgive these penalties. While you are still responsible for any delinquent taxes that you owe, the IRS does not require you to pay any penalties on your delinquent taxes if your request for abatement is successful. Since penalties on delinquent taxes can be quite high, it is definitely an advantage to you if the IRS granted your request for a penalty abatement.

You can only receive a penalty abatement from the IRS if you can show good or reasonable cause for being unable to pay your delinquent taxes in full. The IRS will consider abatement requests for the following types of reasons:

  • Civil disturbance such as a hurricane or flood
  • Serious illness of you or a family member
  • Death of a family member
  • Inability to pay even though you were using ordinary care in your business operations
  • Reasons beyond your control that made you unable to determine your tax
  • Other reasons despite the fact that your were using ordinary business care, or
  • Reasonable reliance on incorrect advice given to you by the IRS over the phone.

If your situation fits any of these reasons, then you may be entitled to a penalty abatement simply by asking the IRS for the abatement. In order to request a penalty abatement, you should write a penalty abatement request letter to the IRS, and enclose a copy of your IRS notice showing your penalty, as well as any written documentation that you have in support of the reason for your penalty abatement request. You also should complete IRS Form 843 – Claim for Refund and Request for Abatement, and include it along with your letter. Furthermore, while it is not required, you should send payment for your delinquent taxes along with your penalty abatement request letter to the IRS, if you can do so.

Sample Penalty Abatement Request Letter

Date

Penalty Abatement Coordinator
Address (as stated on your IRS notice of penalty

Your Name
Your Address
Your Social Security Number 

RE: Request for Penalty Abatement 

To Whom It May Concern: 

I am requesting an abatement of the penalties on the taxes that I owe. These penalties are in the total amount of  $___________, as shown by the IRS tax  notice of penalties dated ____________, which I have enclosed.  

I: (choose one of the following options)

_____ paid my taxes late 
_____ filed my taxes late 
_____ did not report income  

for the following reason(s):  

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

_____________________________________________________________________________

(In this section of your letter, describe the reason(s) that you paid your taxes late, filed your taxes late, or failed to report income. Common examples of valid reasons include the death of a family member, serious illness of you or a family member, a civil disturbance such as a tornado, flood, or fire, or any other reason that prevented you from complying with the IRS.)

Please find enclosed a copy of documentation that supports my reason(s) for requesting an abatement of penalties.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

(In this section of your letter, describe the type of documentation supporting the reason(s) that you paid your taxes late, filed your taxes late, or failed to report income. Examples of supporting documentation include death certificates, statements from a doctor regarding illness or a medical condition, or pictures showing your home following a fire or hurricane.) 

Please approve my request for abatement of penalties for good cause. I also have enclosed a payment in the amount of $_____________ toward the taxes that I owe. (Omit the previous sentence if you cannot enclose a payment toward your taxes. However, you should try to enclose a payment if possible.)

If you have any further questions, please feel free to contact me at __________________ (your phone number, including area code). 

Sincerely, 

(signature

Your Name

Tax Abatement Help & Articles


Penalty Abatement
Eliminate penalties and interest if you have legitimate reason for falling behind and not paying back taxes owed on time.

Tax Abatement Help
Do you need help abating tax penalties? Remove IRS tax penalties owed through penalty abatement. See if you qualify to have penalties removed.

Penalties and Interest
Understand IRS penalties and interest they charge taxpayers for various reasons. Understand how you can avoid these charges.

Can You Remove IRS Penalties?
Yes you can remove IRS penalties. Find out what is required to eliminate penalties owed to the IRS.

Failure to File Tax Penalty
Understand how to calculate the penalty for not filing your taxes. Understand what the maximum is and what happens if fraud or negligence is involved.

Failure to Pay Tax Penalty
The penalty for not paying taxes or underpaying taxes ranges from 1/4% to 1% . Understand what rate you will be charged and if you can remove the penalties.

IRS Late Payment Penalty
The IRS charges penalties if you don't pay on time. Penalties are determined by filing status and amount not paid. Understand the different late penalties.

Penalty for Filing Taxes Late
Penalties for filing a tax return late or not filing a tax return vary depending upon your situation. Q&A about various situations and the tax penalites (if any) that are associated with them.

IRS Tax Fraud Penalties
Tax fraud is a serious offense in the eyes of the IRS. The IRS has many different classifications of tax fraud and different penalties for each type.

Tax Evasion Penalties
Using illegal means to avoid taxes can lead to some of the harshest IRS penalties that exist. Fines can be up to 500K with imprisonment up to 5 years.