How do I get out of substantial tax understatement penalty?

Asked by: Margret Koss  |  Last update: July 12, 2025
Score: 4.9/5 (18 votes)

To avoid the substantial understatement penalty by adequate disclosure, you must properly disclose the position on the tax return and there must at least be a reasonable basis for the position. To properly disclose the position, complete and attach IRS Form 8275 to your tax return and disclose all relevant facts.

Can a substantial tax understatement penalty be waived?

We may be able to remove or reduce some penalties if you acted in good faith and can show reasonable cause for why you weren't able to meet your tax obligations. By law we cannot remove or reduce interest unless the penalty is removed or reduced.

How do I get my underpayment penalty waived?

While the penalty for underpayment of estimated tax generally cannot be waived due to reasonable cause, the penalty may be removed or reduced if the underpayment is the result of a casualty, local disaster, or other unusual circumstance when it would not be fair to impose the penalty.

How do I convince the IRS to waive a penalty?

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. You don't need to specify First Time Abate or provide supporting documents in your request for relief.

How to avoid IRS tax underpayment penalty?

Taxpayers must generally pay at least 90% of their taxes due during the previous year to avoid an underpayment penalty. The fine can grow with the size of the shortfall. Taxpayers can consult IRS instructions for Form 2210 to determine whether they're required to report an underpayment and pay a penalty.

Taxes: Underpayment Penalties Aren't Worth Paying | Fee-Only Financial Advisor, Deer Park, Chicago

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How do I dispute an underpayment penalty?

If you disagree you must first notify the IRS supervisor, within 30 days, by completing Form 12009, Request for an Informal Conference and Appeals Review. If you are unable to resolve the issue with the supervisor, you may request that your case be forwarded to the Appeals Office.

Can underpayment penalty be abated?

Individual taxpayers may now be eligible for a one-time cancellation of a penalty for filing or paying their taxes late. FTB was granted the authority to provide taxpayers a one-time abatement of timeliness penalties. (Assembly Bill 194 added authority under Section 19132.5 ).

What is a reasonable cause to waive the IRS penalty?

Examples of valid reasons for failing to file or pay on time may include: Fires, natural disasters or civil disturbances. Inability to get records. Death, serious illness or unavoidable absence of the taxpayer or immediate family.

Is the IRS forgiving tax penalties?

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 the IRS penalty forgiveness form?

If we cannot approve your relief over the phone, you may request relief in writing with Form 843, Claim for Refund and Request for Abatement. To reduce or remove an estimated tax penalty, see: Underpayment of Estimated Tax by Individuals Penalty.

Why am I getting an underpayment penalty if I m getting a refund?

by TurboTax• 833• Updated 6 days ago

The IRS levies underpayment penalties if you don't withhold or pay enough tax on income received during each quarter. Even if you paid your tax bill in full by the April deadline or are getting a refund, you may still get an underpayment penalty.

Does the IRS have a tax amnesty program?

Taxpayers who are eligible for IRS tax amnesty programs may include individuals and businesses who have failed to file tax returns, report foreign financial assets, or pay taxes owed. These programs are designed to help taxpayers resolve their tax issues and come into compliance with the IRS.

How to settle with the IRS by yourself?

You can use your Online Account to make offer in compromise (OIC) payments or check if you're eligible to submit an OIC. We'll review your OIC and decide if you qualify. An offer in compromise allows you to settle your tax debt for less than the full amount you owe.

Who qualifies for the IRS forgiveness program?

Owing less than $50,000: The program is available to taxpayers with outstanding tax debts of $50,000 or less. If your debt exceeds this threshold, you may still qualify by paying down your balance to meet the requirement.

What is the underpayment penalty nonconformity loophole?

Underpayment Penalty Nonconformity Loophole

This means that a taxpayer whose prior-year withholding covered the tax could have no withholding or estimates paid in the current year and owe no penalty.

What is the minimum standard for a taxpayer to avoid a substantial understatement tax penalty?

Reg. §§ 1.6662-4(b)(4), -4(b)(5). An understatement is “substantial” if it exceeds the greater of: (A) ten percent of the tax required to be shown on the return for the tax year, or (B) $5,000.

How to avoid tax underpayment penalty?

The IRS will not charge you an underpayment penalty if:
  1. You pay at least 90% of the tax you owe for the current year, or 100% of the tax you owed for the previous tax year, or.
  2. You owe less than $1,000 in tax after subtracting withholdings and credits.

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 circumstances of your situation, and explain how these events were outside of your control.
  3. Attach documents that will prove your case.

Who is eligible for the IRS hardship program?

The IRS may agree that you have a financial hardship (economic hardship) if you can show that you cannot pay or can barely pay your basic living expenses. For the IRS to determine you are in a hardship situation, the IRS will use its collection financial standards to determine allowable basic living expenses.

How do I get my tax penalty waived?

Respond to a penalty assessment by making a formal waiver request by writing to the IRS, explaining your situation, and including your supporting documents. If your initial waiver request is denied, you can appeal by providing additional information or clarification.

Is the IRS waiving penalties in 2024?

In June 2024, the IRS waived the penalty for the installment due on or before August 15, 2024, for a tax year beginning in 2024 (see Tax Alert 2024-1179).

How to dispute a tax penalty?

To dispute an IRS penalty due to statutory exceptions, you will need to file Form 843: Claim for Refund and Request for Abatement. You can call the toll-free number listed on your IRS notice to speak with an agent.

What is an example of a substantial understatement penalty?

Substantial Understatement Penalty Example

Say you owe $8,000 in tax but you only pay $2,000. You understated by more than $5,000. You'll be charged 20% of $6,000 – the understated amount – plus penalty charges. If you had paid, say, $7,000, the penalty may not apply.

What are good reasons to request an abatement of IRS penalties?

The IRS has a set of stringent guidelines the taxpayer must meet in order to be considered for a penalty abatement. Reasons can range from honest mistakes, serious illness, and undue hardship … just to name a few.

What triggers IRS underpayment penalty?

If you didn't pay enough tax throughout the year, either through withholding or by making estimated tax payments, you may have to pay a penalty for underpayment of estimated tax.