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How to Request IRS Penalty Abatement

Four steps, in order. Abatement is requested, never volunteered.

Reviewed by Paul D. Diaz, EA, MBA · Content current through the One Big Beautiful Bill Act (OBBBA).

Getting IRS penalties abated takes four moves: identify exactly which penalties were assessed, claim First-Time Abatement if your record is clean, argue reasonable cause with dated facts if it isn't, and appeal a denial. Abatement is requested, never automatic — the IRS does not volunteer it.

The four steps

  1. Step 1: Identify exactly which penalties were assessed. From the notice or the account transcript: failure-to-file, failure-to-pay, accuracy, estimated. Each carries different relief rules — asking for the wrong relief wastes the request.
  2. Step 2: Claim First-Time Abatement if the record is clean. Three clean prior years plus current filing and payment compliance earns an administrative waiver of failure-to-file, failure-to-pay, and failure-to-deposit penalties — routinely granted by phone.
  3. Step 3: Argue reasonable cause with dated facts. Death, illness, disaster, reliance on competent advice, IRS error — shown with records and dates, meeting the ordinary-business-care standard. Conclusions without exhibits lose.
  4. Step 4: Appeal a denial. Ask for Appeals consideration of a denied request. Penalty appeals are winnable with a clean record and real documentation — the first no is rarely the last word.

What can go wrong

Asking for the wrong relief is the classic waste: First-Time Abatement for an accuracy penalty, or reasonable cause argued by phone with no exhibits. Undocumented hardship loses even when it is real — the IRS decides on paper, and sympathy without dates is not paper. And do not chase interest while the penalty stands: abate the penalty and its interest falls with it, but standalone interest relief is one of the narrowest doors in the Code.

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