Personal Injury
Qualifying and Requesting IRS First Time Penalty Abatement Waiver
max@dotcomlawyermarketing.com
Legal Expert
3 min read
Updated: Sep 6, 2025
Understanding the IRS First-Time Penalty Abatement
So, you've been hit with an IRS penalty - and it stings, right? Well, take a deep breath, because there's a little-known relief program that could make that penalty disappear. It's called the First-Time Penalty Abatement (FTA), and it's the IRS's way of cutting you a break - if you qualify. 1Who Qualifies for the FTA?
The FTA is designed for taxpayers with a clean track record. 1 To be eligible, you must have:- Filed all required returns on time for the past 3 years
- Paid, or arranged to pay, any taxes due for those years
- Not received any penalties for the past 3 tax years
What Penalties Can Be Waived?
The FTA can remove three common penalties: 1- Failure to File: If you filed your return late, this penalty is 5% of your unpaid taxes for each month the return is late, up to 25%.
- Failure to Pay: This 0.5% monthly penalty kicks in if you didn't pay the taxes you owed by the due date, maxing out at 25%.
- Failure to Deposit: For employers who didn't deposit payroll taxes on time, this penalty varies based on how late the deposits were.
How to Request the FTA
Requesting the FTA is straightforward, but you'll need to act fast. 1 You have two options:- By Phone: Call the number on your IRS notice and explain you'd like to request a First-Time Penalty Abatement. The agent will review your account for eligibility.
- By Mail: Send a written statement or Form 843 to the address on your notice, clearly stating you're requesting the FTA.
What If I Don't Qualify?
If you don't meet the FTA criteria, all is not lost. 2 You can still request penalty relief by showing "reasonable cause" - in other words, a valid explanation for your mistake. 2 Some common reasonable causes include:- Serious illness or injury
- Natural disaster
- Incorrect advice from the IRS
- Death or serious illness of a family member
A Penny Saved...
Look, nobody likes paying the IRS more than they have to. But penalties happen, and when they do, it pays to know your options. The First-Time Penalty Abatement is a great way for typically compliant taxpayers to get back on track without that extra financial sting. 1SoAs Featured In






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