Written by Scott Allen

IRS Tax Penalties: Can they be removed?

Be Leery of Promises of Tempe AZ IRS Tax Attorneys to remove IRS Penalties

The only penalties that always get removed or lessened occur automatically when you file an amended return that shows a lower balance due or when you file a return to correct an IRS substitute for return and the tax due is lower.  You do not need any resolution work to lower the penalties.  If a taxpayer has had a “track record” of always filing on time and has a good reason for missing a filing deadline such as an illness, the taxpayer can request that the penalties be removed after any tax liability has been paid in full.  If the taxpayer has a habit of filing late, it is unlikely the IRS will removed penalties.

To remove penalties, the taxpayer files IRS form 843 and requests a refund of the penalties previously paid.  The IRS will want to see that there was a reasonable cause and not willful neglect.  Other probable causes for requesting a refund of penalties paid could include hospitalization, incarceration, severe depression, or serving in the military and out of the country during the time the return or the extension needed to be filed.  A Tempe Arizona IRS Tax Attorney can do this work but it is not necessary.  An Enrolled Agent or a Certified Public Accountant can file the necessary paperwork for you if you need assistance.  It is always best to consult with a professional before filing the paperwork to determine if you have a unique enough case to get penalties removed.

Other than the reasons mentioned, it is unlikely to get penalties removed.  This is especially true for returns that are filed years after the due date.  Most legitimate reasons would apply to the current year only.  In seeking penalty abatement, it is not necessary, nor will it increase your chances of success to use an IRS Tax Attorney in Tempe AZ.  If you would like a free consultation to see if your penalties can be removed, call Scott Allen E.A. at 480-926-9300.  He will be able to provide additional information not included here that will increase your chances of getting penalty abatement for legitimate reasons.