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    • Ronson J. Shamoun, ESQ., LL.M.
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  • Home
  • About
    • Ronson J. Shamoun, ESQ., LL.M.
    • Chandara Diep, ESQ., LL.M.
    • Joseph Cole, ESQ., LL.M.
    • Devon J. Arabo, ESQ., LL.M.
    • Lauren Suarez, ESQ., LL.M.
    • Daniel Huynh, Esq., LL.M.
    • Christopher Engelmann, ESQ., LL.M.
    • Leslie Miranda, Esq., LL.M.
    • Brian M. Malloy, Esq.
    • Steve S. Mattia, Esq.
    • Sam Imandoust, ESQ., LL.M
    • Kaveh Imandoust, JD, MBT, CPA
    • Andrea Cisneros Valdez, Esq., LL.M.
    • Martin Schainbaum, ESQ., LL.M.
    • Dod Ghassemkhani, ESQ.
    • Vincent Renda, Esq.
    • Pedro Bernal, Esq.
    • Melanie M. Shamoun
    • Sandie Portilla
    • Renae Arabo
    • Sabri P. Shamoun
    • Hilary Dargavell
    • Lupita C. Torres
    • Jewell Cornejo
    • Kesia Belford
    • Remy Hogan
    • Judith Jeremie
    • Marley Smith-Peters
    • Melanie Chan
    • Tanner DeMera
    • Charles Ecker
    • Anna Gurr
    • Asia Smith
  • Practices
    • ERTC – Call Us Before It’s Too Late!
    • Tax
      • IRS TAX MATTERS
        • IRS Appeals
          • IRS Appeals Process
          • Contesting an IRS Levy
          • Why Retain RJS LAW for IRS Appeals
          • 4 Tips For Navigating The IRS Rapid Appeals Process
        • IRS AUDITS
          • IRS Correspondence Audits
          • What are IRS Field Audits?
          • Initial IRS Compliance Center Audits
          • IRS Office Audits
          • What happens in an IRS Audit?
          • Taxpayer Rights Under IRS Publication 1
          • IRS Warns Taxpayers About Scam
        • NOTICES
          • IRS Notices
          • IRS Letters
          • FTB Notices
          • Avisos en Español
        • IRS Collections
          • Avoiding and Eliminating IRS Tax Liens
          • Collection Due Process Hearing
          • CP 501 – IRS Notice
          • Failure to file a tax return: What happens?
          • How the IRS calculates interest
          • How to get a tax levy released
          • ACS – Automated Collection System
          • IRS Collections Process
          • IRS Interest Abatement
          • IRS Revenue Officers
          • Jeopardy Assessments and Jeopardy Levies
          • National Tax Agencies
          • RJS LAW Approach to Collections
          • IRS Statute of Limitations on Collections
          • Streamlined Installment Agreements
          • Tax Penalty Abatement
          • Taxpayer Assistance Orders
        • IRS Payroll Tax
          • Independent Contractor Reclassification Audits
          • IRS Forms 940 and 941
          • IRS Trust Fund Interviews
          • Payroll Tax Liability Payment Options
          • Trust Fund Recovery Penalties
        • IRS Wealth Squad
        • Offer in Compromise & Tax Settlements
          • OVERVIEW OF OFFER IN COMPROMISE PROCESS
          • The Offer in Compromise Process
          • Appealing an Offer in Compromise
          • How does the IRS evaluate an Offer in Compromise
          • Offer in Compromise and Dissipated Assets
          • Offer in Compromise Requirements
          • Pros and Cons of an Offer in Compromise
          • Why Choose RJS LAW?
          • Offer in Compromise Alternatives
          • Actual IRS Offer in Compromise Results
      • STATE TAX MATTERS
        • EDD California Payroll Tax Lawyer
          • EDD Investigations
          • EDD Collections – Liens, Levies, and Garnishments
        • CDTFA – California Sales Tax
          • California Sales Tax Appeals
          • California Sales Tax Audits
          • California Department Of Tax And Fee Administration – CDTFA
        • California State Tax Matters – California Franchise Tax Board | FTB | EDD
          • California Residency Audits
          • Discharging State Income Taxes in Bankruptcy
          • State Tax Practice – Outside of California
      • CRIMINAL TAX ISSUES
        • Criminal Investigation Division
        • IRS Criminal Investigation Division Tactics
        • Criminal Tax Defense – Tax Crimes
        • Currency Transaction Records & Suspicious Activity Reports
        • IRS Methods of Proof: Tax Fraud and Evasion
        • Methods IRS Agents Use to Locate Assets
        • IRS Special Agent Visits
        • Are You a Criminal Investigation Target?
        • Criminal Tax Attorney vs. White Collar Defense
      • CORPORATE TAXES
      • TAX COURT LITIGATION
      • Innocent Spouse Relief
    • International Tax
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    • Trust Litigation
    • Trust, Estate & Probate Litigation
    • Trust & Estate Administration
    • Probate
    • Bankruptcy
    • Civil Litigation
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    • Private Wealth Services
    • Real Estate Law
      • Landlord Tenant Law
    • Employment Law
  • Tax Institute
    • 8th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 28th, 2023
    • 7th Annual USD School of Law – RJS LAW Tax Controversy Institute – July 15th 2022
    • 6th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 5th Annual USD School of Law – RJS LAW Tax Controversy Institute
    • 4th Annual USD School of Law – RJS LAW Tax Controversy Institute
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    • RJS Law Donates Billboard to the Girl Scouts
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First Time Penalty Abatement Program

First Time Penalty Abatement

The First Time Abatement (FTA) penalty waiver program is a relatively unknown program that allows taxpayers to request a waiver of failure-to-pay (FTP) and failure-to-file (FTF) penalties that have been applied to past due tax obligations.  Introduced in 2001, this program allows taxpayers who have run into trouble with their tax obligations to avoid paying these penalties, which can often be a significant additional financial burden.  Prior to this fee waiver program, the only option in requesting a fee waiver was based on “reasonable cause”, meaning that a taxpayer must provide proof that the reason they were late either filing or paying their taxes was based on circumstances the IRS agreed were valid.  This is a much harder burden of proof for the average taxpayer to prove.

This issue deals with the concept of “reasonable cause”, so before we proceed let’s define what that is. Reasonable cause relief is most often “granted when a taxpayer has exercised ordinary business care and prudence in determining their tax obligation but nevertheless failed to comply with these obligations” (IRM 20.1.1.3.2) The reasonable cause standard can also be proven through proof of one of the following: death or serious illness of the taxpayer or a member of their immediate family; fire, casualty, natural disaster or other disturbance; and the taxpayer’s inability to obtain records through no fault of their own.

Both FTP and FTF penalties can be up to 25% of any unpaid tax.  The FTA penalty waiver program allows taxpayers who have been compliant in the past with their tax filing and payment obligations to have FTP and FTF penalties waived. This relief can also be applied to penalties for failure to deposit (FTD).  Although interest must still be paid, it is much less of a financial burden to a taxpayer than having to also pay FTP and FTD penalties.

If the taxpayer is requesting FTA and is facing penalties from multiple filing periods, if the waiver is granted, it will be applied to only one tax period, the earliest period that meets the guidelines.  Although it is stated that the FTA penalty waiver is a one-time waiver, if a taxpayer is granted the waiver, they may qualify for the waiver in the future if they once again meet its criteria of 3 years in compliance in filing and paying taxes prior to the year the penalty was applied, and they must also be current with their taxes and payment obligations.

Unfortunately, the IRS does not widely provide the general public much information in regards to this penalty waiver program.  A search of the IRS website for “First-Time Penalty Abatement” results in very limited information being provided.  The FTA is almost a “secret” waiver that the IRS should make the public more aware of, but may be choosing not to do so in order to maximize revenue from these various penalties.

If you have been assessed either of these penalties, consultation with a qualified tax professional may increase your chances in being granted abatement of these often costly penalties.

______________________________________________________________________
Please keep in mind the information and advice presented in this blog is not intended to be used as formal legal advice. Contact a tax professional for personalized tax advice pertaining to your specific situation. While we try and answer all parts of the question when we write our blogs, sometimes there may be some left unanswered. If you have any questions about your problems with the IRS, SBOE, FTB, or BOE, or tax law in general, call RJS Law at (619) 595-1655.

 

Filed Under: IRS Issues, Tax Tips Tagged With: first time penalty abatement, first time penalty waiver, irs first time penalty waiver

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