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Is there any amnesty of federal penalty for late filing?

New York, NY |
Filed under: Tax law

I filed income taxes late.
IRS added $600.00 penalty for late filing.
Is there any amnesty for this penalty?

Attorney Answers 4

Posted

I would recommend to file Form 843 with the IRS. This is the Abatement Form that, at times, can forgive certain penalties. The main question is whether you have a reason for filing late (i.e. illness, family illness where you were the care taker or disability). Without some substantive reason for filing late the Abatement Form would be pointless. I have been successful with many Abatement requests. However, each request was supported with substantiating documents. Go to the IRS website and search form 843, there is an instruction page that will explain how to complete the form: www.irs.gov

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Posted

As Tuella addressed, it depends on what the facts are, what substantiating documents you have to prove the facts, and how articulately you can cogently explain the details. Many people feel more comfortable having an experienced tax professional handle it, however there are people who handle it themselves as well.

Best of luck

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Posted

Tax penalties can be waived. Interest normally cannot. File form 843 with the facts but take a moment beforehand to review the criteria for waiving the penalty, then fill out the form to make sure you address each of the specific criteria.

Good luck.

Evan A. Nielsen

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Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.

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Posted

Mr. Nielsen is on point with his answer. You can make this request on a form called a Claim for Refund / Penalty Abatement form -- #843.

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