IRS Civil Penalty - Help with Back Taxes Penalties (2024)

The IRS uses penalties and interest charges to encourage taxpayers to comply with tax laws.

Many taxpayers don’t know how to or have the knowledge to ask for penalty relief. Our professional tax attorneys are here to represent you in your fight to get relief from unnecessary penalties.

What Are The Two Most Common Types of Civil Penalties?

The IRS has strict penalties for taxpayers who do not file and/or pay their tax returns. The two most common Civil Penalties are Failure to File (FTF) and Failure to Pay (FTP). If a taxpayer misses the deadline to file, they could be charged both penalties.

The worst thing you can do is ignore your tax obligations. No matter how late you are, file your taxes to avoid penalties. Even if you can’t afford to pay your taxes, you should always file a tax return. The penalty for Failure to File is much more than the Failure to Pay penalty.

Failure to File

When you fail to file your taxes by the deadline, the IRS will charge 5% of your unpaid taxes for every month you are late filing. The maximum penalty is 25%.

Failure to Pay

If you file your taxes on time, but fail to pay the amount you owe, the IRS will charge a penalty of .5% per month for the unpaid amount. This penalty caps at 25%.

These severe penalties add up quickly, leaving most taxpayers overwhelmed and unable to pay their penalties. Reach out to the professional tax attorneys at Wiggam Law to help you avoid or decrease your penalties.

Are You Facing an IRS Civil Penalty?

There’s nothing more frustrating than the penalties and interest charges that the IRS assesses if you are late to file or late to pay.

The high percentages of penalties add up quickly, and eventually seem impossible to overcome. They create daily stressors that impact your personal and professional life.

The tax attorneys at Wiggam Law are here to help you get penalty relief.

Here’s what you need to know about civil penalties.

IRS Civil Penalty - Help with Back Taxes Penalties (1)

What is an IRS Civil Penalty?

Civil penalties are most often monetary fines assessed if you do not file or pay your taxes. Extreme cases are given criminal penalties.

When the IRS assesses a civil penalty, you will be fined 5% for every month you are past due, up to five months after April 15th. The fines increase to 25% per month after five months. In addition, you will be charged a 1% late payment fee each month.

The interest charged on the overdue amount will continue to increase monthly as the balance owed increases each month.

How Long Can the IRS Collect Civil Penalty?

The IRS can attempt to collect a civil penalty for up to 10 years after the tax liability assessment has occurred.

How to Remove a Civil Penalty

While it seems like the IRS has a penalty attached to another penalty for every situation, they also offer a few different options for penalty relief that we can help guide you through.

Can IRS Civil Penalties be Waived?

Taxpayers who are assessed Failure To File and/or Failure To Pay penalties can request penalty abatement. The two most common options for abatement are:

  1. First Time Penalty Abatement (FTA)
  2. Reasonable Cause Penalty Relief

Other penalties, such as accuracy and fraud, require audits and other IRS procedures to determine abatement.

Help with Back Taxes

Penalties and interest sometimes add up to such exorbitant amounts that they are impossible for the common taxpayer to pay off. However, our experienced tax attorneys can negotiate for complete penalty abatement or at least reduce the amount owed.

IRS Civil Penalty - Help with Back Taxes Penalties (2)

Negotiate with the IRS to Remove Penalties and Interest

There are many different strategies that our tax attorneys use to negotiate with the IRS and we are ready and willing to represent you in your unique situation. From penalty abatement and reduced penalties to removing liens and creating a payment plan, we can save you money, stress and time.

Success Stories

$29,570 Saved

The taxpayers owed for tax years 2014-2016 and the IRS had filed Federal Tax Liens against their real estate. We assisted the taxpayers with removing the liens from their property so it could sell. Additionally, we negotiated a penalty abatement with the IRS, which resulted in the taxpayers receiving a refund over $29,570 after the closing.

$359,078 Saved

Our client was suffering after their former employee embezzled the company’s payroll funds. Between the IRS and Georgia, our client owed a substantial amount. Our Penalty Abatement Requests saved our client $359,078 across their combined federal and state liabilities.

Contact Our Tax Attorneys in Atlanta, GA

Get started today! Our tax attorneys are here to help you get ahead of the game before you’re buried in penalties and interest. If you’ve already been charged with civil penalties, Wiggam Law tax attorneys can negotiate and represent you in your unique financial situation.

Schedule a Consultation

IRS Civil Penalty - Help with Back Taxes Penalties (2024)

FAQs

Can IRS civil penalties be waived? ›

A taxpayer may qualify for relief from certain penalties if he or she: Didn't previously have to file a return or had no penalties for the three tax years prior to the tax year in which the IRS assessed a penalty. Filed all currently required returns or filed an extension of time to file.

How to get rid of IRS civil penalty? ›

You may qualify for penalty relief if you demonstrate that you exercised ordinary care and prudence and were nevertheless unable to file your return or pay your taxes on time. Examples of valid reasons for failing to file or pay on time may include: Fires, natural disasters or civil disturbances.

How do I get the IRS to waive failure to pay penalties? ›

How to Request Penalty Relief. Follow the instructions in the IRS notice you received. Some penalty relief requests may be accepted over the phone. Call us at the toll-free number at the top right corner of your notice or letter.

Is the IRS offering a one time relief from penalties for taxpayers owing back? ›

The IRS will automatically waive failure-to-pay penalties on unpaid taxes less than $100,000 for tax years 2020 or 2021. You're eligible for this relief if you meet all the following criteria: Filed a Form 1040 or 1041 tax return for years 2020 and/or 2021.

What is a good reason for penalty waiver? ›

Sound reasons, if established, include: Fire, casualty, natural disaster or other disturbances. Inability to obtain records. Death, serious illness, incapacitation or unavoidable absence of the taxpayer or a member of the taxpayer's immediate family.

Can you negotiate with the IRS to remove penalties and interest? ›

To request we reduce or waive interest due to an unreasonable error or IRS delay, you or your representative must submit: Form 843, Claim for Refund and Request for AbatementPDF or. A signed letter requesting that we reduce or adjust the overcharged interest.

What is the IRS one time forgiveness? ›

One-time forgiveness, otherwise known as penalty abatement, is an IRS program that waives any penalties facing taxpayers who have made an error in filing an income tax return or paying on time. This program isn't for you if you're notoriously late on filing taxes or have multiple unresolved penalties.

What is the IRS form to forgive penalties? ›

Use Form 843 if your claim or request involves: (a) a refund of one of the taxes (other than income taxes or an employer's claim for FICA tax, RRTA tax, or income tax withholding) or a fee, shown on line 3, (b) an abatement of FUTA tax or certain excise taxes, or (c) a refund or abatement of interest, penalties, or ...

How to write a letter to the IRS to remove penalties? ›

IRS Penalty Abatement Request Letter
  1. State the type of penalty you want removed.
  2. Include an explanation of the events and specific facts and circ*mstances of your situation, and explain how these events were outside of your control.
  3. Attach documents that will prove your case.

Is there back tax forgiveness? ›

The IRS offers a tax debt forgiveness program for taxpayers who meet their qualification requirements. To be eligible in 2024, you must claim extreme financial hardship and have filed all previous tax returns. The program is available only to those who qualify.

How much will the IRS usually settle for? ›

The IRS will often settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.

How to negotiate with the IRS over back taxes? ›

Apply With the New Form 656

An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can't pay your full tax liability or doing so creates a financial hardship.

How long does an IRS civil penalty last? ›

More In File

The IRS generally has 10 years – from the date your tax was assessed – to collect the tax and any associated penalties and interest from you.

How to write a letter to the IRS to waive penalty? ›

IRS Penalty Abatement Request Letter
  1. State the type of penalty you want removed.
  2. Include an explanation of the events and specific facts and circ*mstances of your situation, and explain how these events were outside of your control.
  3. Attach documents that will prove your case.

Is there a statute of limitations on IRS civil penalties? ›

A person may be subject to civil or criminal tax fraud. But, unlike most other statutes of limitations which expire after 3-or 6-years, there is no time limit for the IRS to enforce civil fraud penalties.

How do I waive IRS underpayment penalty? ›

To request a waiver when you file, complete IRS Form 2210 and submit it with your tax return. With the form, attach an explanation for why you didn't pay estimated taxes in the specific time period that you're requesting a waiver for. Also attach documentation that supports your statement.

References

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