IRS PENALTIES
Remove IRS Penalties
Dallas tax attorneys who help individuals and businesses reduce or eliminate IRS penalties through first-time abatement, reasonable-cause relief, and refund claims.
Has the IRS assessed penalties against you or your business? Are they substantial? In many cases, IRS penalties can be abated—“abate” simply means to remove. Our Dallas tax attorneys regularly help clients reduce or eliminate IRS penalties, along with the interest that accrues on them. Penalties often make up a large share of a tax bill, so removing them can dramatically reduce what you owe.
Grounds for Removing Penalties
CLEAN HISTORY
First-Time Abatement
If you have a clean compliance history, the IRS may remove a failure-to-file, failure-to-pay, or failure-to-deposit penalty under its first-time abatement policy—often with a single, well-supported request.
GOOD REASON
Reasonable Cause
When circumstances outside your control—serious illness, a death in the family, disaster, reliance on bad advice, or missing records—caused the problem, the IRS can abate penalties for reasonable cause.
ALREADY PAID
Refund Claims
If you have already paid a penalty, you may be able to recover it by filing a refund claim, and pursue it further if the IRS denies the claim.
WRONGLY ASSESSED
Challenging the Penalty
Some penalties are assessed in error or without the IRS following required procedures. We review whether the penalty was properly imposed and challenge it on the merits where appropriate.
Which IRS Penalties Can Be Removed?
The first question is the type of penalty. Not every penalty can be removed, but the most common ones can—including the failure-to-file penalty, the failure-to-pay penalty, the failure-to-deposit penalty (for payroll deposits), and the accuracy-related penalty. The type of penalty also affects how it must be challenged. A civil fraud penalty, for instance, generally has to be addressed through a written abatement request or a refund claim rather than the usual channels.
Because penalties accrue interest, removing a penalty also removes the interest charged on it. On older or larger balances, that combined relief can be significant.
First-Time Penalty Abatement
First-time abatement is an administrative form of relief the IRS offers to taxpayers with a clean recent history. If you have filed and paid on time for the prior three years and are otherwise current, the IRS will often remove a first-time failure-to-file, failure-to-pay, or failure-to-deposit penalty. It is one of the most reliable forms of relief, but it has to be requested correctly and is generally available only once, so it should be used strategically.
Reasonable-Cause Relief
The IRS can abate penalties when you show that you exercised ordinary business care and prudence but still could not comply because of circumstances beyond your control. Common grounds include serious illness or incapacity, a death in the immediate family, natural disasters or other events that destroyed records, an inability to obtain records, and reasonable reliance on a tax professional. Reasonable-cause relief is fact-specific, and the strength of the request depends on how well the facts are documented and presented. We build the record—dates, documentation, and a clear explanation tied to the legal standard—to give the request the best chance of success.
How We Help
We start by identifying which penalties you have been assessed and which relief options actually fit your situation. Then we prepare and submit the strongest possible request—whether that is a first-time abatement, a reasonable-cause request, or a refund claim—and we handle the correspondence and any follow-up with the IRS. If the IRS denies relief that you are entitled to, we can pursue it through appeals or a refund claim.
If the IRS has assessed penalties against you or your business, call our Dallas tax attorneys at (469) 895-5141 to schedule an appointment and find out whether your penalties can be removed.
IRS Penalty Articles
- When Can the IRS Impose a Tax Penalty You Cannot Defend?
Taxpayers who get into a dispute with the IRS often assume that good faith will protect them. They relied on professionals. They read the materials. They believed the deduction was allowed at the time. So even if the deduction is… Read more: When Can the IRS Impose a Tax Penalty You Cannot Defend? - Avoiding Penalties: Choosing a Reliable Tax Return Preparer
With the tax season around the corner, a significant number of taxpayers are seeking the services of tax return preparers. This often involves choosing a preparer who has been recommended by friends and family members. Tax return preparers may be… Read more: Avoiding Penalties: Choosing a Reliable Tax Return Preparer - Appraiser’s Assistant Not Subject to Penalty for Inflated Appraisal
The IRS has attempted to expand its regulatory power by regulating those who prepare or assist in preparing tax returns. The courts have stifled these efforts. The recent United States v. Zak, No. 1:18-cv-05774 (N.D. Ga. 2019) case provides an… Read more: Appraiser’s Assistant Not Subject to Penalty for Inflated Appraisal
Read more IRS penalty articles.
Talk to a Dallas Tax Attorney
Schedule a free consultation. We will listen, ask the right questions, and tell you honestly how we can help.