When Seeking IRS Penalty Abatement, What Qualifies As Reasonable Cause?

When Seeking IRS Penalty Abatement, What Qualifies As Reasonable Cause?

If you are facing penalties from the IRS for paying or filing your taxes late, you have some options to get those assessments removed. Reasonable cause is one method to getting penalty abatement. Learn more about reasonable cause and how to qualify for it.

Key Insights We Will Discuss

-What is reasonable cause?
-How to qualify for reasonable cause
-What Is Reasonable Cause?

Reasonable cause can be used when you have a legitimate excuse for not paying or filing your taxes on time. When claiming reasonable cause, you must be able to prove that it was out of your control to file or pay on time and that you tried to file but it wasn’t possible.

According to the IRS, some examples of reasonable cause can include:

Death Of Family Member Or Loved One

Unavoidable absence. This can include being in jail or in rehab.
Your records were destroyed due to a fire, flood, or other reason.
There was a civil disturbance like a riot or a mail strike that prevented you from making a payment.
You received incorrect advice from a tax preparer who is normally considered competent.
The IRS adds that not having money to pay your taxes is not considered to be a reasonable cause. However, the reason that led to your lack of funds may meet the criteria to qualify.

How Can You Qualify For Reasonable Cause?

If you are seeking penalty abatement by reasonable cause and don’t qualify for one of the reasons listed above, you can file a request with the IRS to consider your case.

When determining if you qualify for reasonable cause, the federal agency will consider the following information, according to the IRS Website:

What Happened And When Did It Happen?

-What facts and circumstances prevented you from filing your return or paying your taxes on time?
-How did the facts and circumstances affect your ability to file and/or pay your taxes?
-Once the facts and circumstances changed, what actions did you take to file or pay your taxes?

In the case of a Corporation, Estate or Trust, did the affected person or a member of the individual’s immediate family have the sole authority to execute the tax return or make the payment?
In addition to providing this information, you may also need to make certain documents available, including hospital or credit records, a letter from a physician, documentation of natural disasters, or other events.

Executive Summary

You can try to qualify for reasonable cause when you are seeking a penalty abatement for paying or filing your taxes late.
You must prove to the IRS that you tried to file or pay your taxes and specific circumstances prevented it.

Have a question or comment? Contact Venar Ayar.

Venar Ayar

Ayar Law’s expertise is not only in dealing with the tax code, but in favorably resolving Federal and State tax problems. We know the procedural rules inside and out, and we know how things actually work at the IRS. Feel free to call or email Venar Ayar anytime (no charge) and he’ll be happy to answer any tax law questions you might have. 248.262.3400

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