Bernice Hassan & Associates CPA
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A Large Part of What You Owe May Be Penalties — and Penalties Can Be Removed.

When people see an IRS balance for the first time, the number is usually much bigger than the tax they expected. That is because the balance is rarely just tax. It is tax, plus penalties, plus interest that has been compounding on both.

Penalties frequently account for a substantial share of the total. And unlike the underlying tax, penalties can often be removed entirely.

This is one of the most overlooked opportunities in tax resolution, and one of the first things we check on every case.

Why is my IRS balance so much bigger than the tax?

Because it is rarely just tax. Failure-to-file and failure-to-pay penalties run separately and simultaneously, and interest compounds on both. Penalties frequently account for a substantial share of the total — and unlike the tax, they can often be removed entirely.

Two penalties do most of the damage, and they run at very different speeds.

IRS failure-to-file and failure-to-pay penalty rates
Penalty Rate Maximum
Failure to file 5% of the unpaid tax per month or part month 25%
Failure to pay 0.5% of the unpaid tax per month or part month 25%
Failure to pay — under an approved payment plan 0.25% per month 25%
Failure to pay — after a notice of intent to levy 1% per month 25%

Look at the first two rows again. Failing to file is penalized ten times more heavily than failing to pay. This surprises almost everyone, and it is the single most useful thing on this page: if you cannot pay, file anyway. Filing without paying costs you 0.5% a month. Not filing costs you 5%.

When both apply in the same month, the failure-to-file penalty is reduced by the failure-to-pay amount. The failure-to-file penalty maxes out after five months; failure-to-pay keeps accruing until it reaches its own cap.

There is also a minimum penalty for returns filed more than 60 days late, set at a fixed dollar amount adjusted annually — which means even a return with a small balance can attract a meaningful penalty simply for being late.

First Time Abate — the relief most people qualify for and never ask about

The IRS publishes the criteria in full: Penalty relief due to First Time Abate, IRS.gov.

The IRS operates an administrative waiver called First Time Abate. It is not discretionary in the way reasonable cause is; it is a defined program with published criteria. If you meet them, relief is available.

What it covers

  • ·Failure to file — tax returns, partnership returns and S corporation returns
  • ·Failure to pay — where the tax shown on the return was not paid by the due date
  • ·Failure to deposit — where a deposit was late or in the wrong amount

What you need to qualify

The core requirement is a clean compliance history. Specifically:

  • ·The same return type was filed on time for the prior three years, or twelve consecutive quarters
  • ·For those years, either no penalty was assessed, or one was assessed and later removed for reasonable cause or IRS error
  • ·Estimated tax penalties do not count against you for this purpose

For businesses seeking relief from failure-to-deposit penalties, there are additional conditions — the IRS must not have waived the same penalty four or more times in the prior three years, and the penalty must not have been charged for avoiding the electronic payment system.

What counts as reasonable cause?

The standard is whether you exercised ordinary business care and prudence but were still unable to comply. Serious illness, a death in the family, records destroyed by fire or flood, and reliance on incorrect professional advice are all commonly argued successfully.

Where First Time Abate does not apply, the other route is reasonable cause. The standard is whether you exercised ordinary business care and prudence but were still unable to comply.

Circumstances that are commonly argued successfully include:

  • ·Serious illness, hospitalization, or incapacity — your own or an immediate family member's
  • ·Death in the family
  • ·Records destroyed by fire, flood or natural disaster
  • ·Reliance on a tax professional who failed to file or advised incorrectly
  • ·Divorce, or a separation in which financial records were inaccessible
  • ·Circumstances genuinely beyond your control that prevented compliance

What does not work, on its own: not having the money, not knowing the deadline, or being too busy. Inability to pay is not by itself reasonable cause for failing to file.

Reasonable cause requests succeed or fail on documentation. A narrative explaining that it was a difficult year rarely persuades. Medical records, death certificates, insurance claims, correspondence with a previous preparer — evidence tied to specific dates that line up with the periods in question — is what changes outcomes. This is most of the work, and it is where professional preparation earns its cost.

Other grounds worth checking

  • ·Statutory exception. Where you relied on incorrect written advice from the IRS itself.
  • ·IRS error. Penalties assessed on returns the IRS misprocessed, or on balances that were already paid. More common than you would expect, and worth checking transcripts for on every case.
  • ·Substitute for return corrections. Where the IRS filed a return on your behalf and assessed penalties on an inflated balance, filing an accurate original return can reduce both the tax and the penalties calculated on it.

Can the interest be removed too?

Rarely on its own. Interest is statutory and is generally abated only where it accrued because of an IRS error or delay. But interest is charged on penalties — so removing a penalty removes the interest that accrued on it.

Interest is treated differently and it is worth being straightforward about this. Interest on unpaid tax is generally not abatable — it is charged by statute rather than at the IRS's discretion.

However, interest charged specifically on a penalty is reduced or removed when that penalty is removed. So abating a large penalty reduces the interest that accrued on it as well. The saving is often bigger than the penalty figure alone suggests.

Where this fits in your case

Penalty abatement is rarely the whole solution, but it is almost always part of one. On a typical case we will:

  1. Pull your transcripts and identify every penalty assessed, by year and by type.
  2. Check whether First Time Abate applies to any year — it often applies to the earliest year even where later years do not qualify.
  3. Assess whether reasonable cause is supportable, and identify exactly what documentation would be needed.
  4. Check for IRS errors and for substitute-for-return assessments that can be corrected.
  5. Request abatement, and appeal a denial where the grounds are sound — denials are frequently overturned on appeal.
  6. Resolve whatever balance remains through a payment plan or other arrangement.

One point of sequencing that matters: abatement should generally be pursued once returns are filed and the picture is complete, because a clean compliance record strengthens the request. Filing first is almost always the right order.

Common questions

Questions people ask about this

What is First Time Abate and do I qualify?

First Time Abate is an administrative waiver with published criteria rather than a discretionary judgment. It generally requires a clean compliance history: the same return type filed on time for the prior three years, with no penalty assessed in those years, or one assessed and later removed.

What penalties can actually be removed?

First Time Abate covers failure to file, failure to pay and failure to deposit. Where it does not apply, the other route is reasonable cause, which asks whether you exercised ordinary business care and prudence but were still unable to comply.

Can the interest be removed too?

Rarely on its own. Interest is statutory and is generally only abated where it accrued because of an IRS error or delay. But interest is charged on penalties, so removing a penalty removes the interest that accrued on it.

More on the general FAQs page, or ask us directly on a free 15-minute call.

Worth asking about, always

Of all the things in tax resolution, this is the one most often left on the table. It costs nothing to check whether you qualify, and for a lot of people the answer is that a meaningful share of the balance should not be there at all.

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