Staring at an IRS penalty notice feels a bit like getting a speeding ticket in the mail three months after the fact, frustrating, expensive, and sometimes confusing. But unlike a traffic cam, the IRS actually has a "pardon" button. It’s called Form 843, Claim for Refund and Request for Abatement.
If you’re ready to stop the bleeding and ask the IRS to waive those failure-to-file or failure-to-pay penalties, here is exactly how to fill out the paperwork.
You shouldn't fire off a Form 843 blindly. To have a real shot at success, ensure you meet these criteria:
Fill out your name, SSN/ITIN, and current address.
Most individual taxpayers will check "Income" or "Employment." If you are a business owner dealing with payroll penalties, ensuring this box is correct is vital for the IRS to route your request to the right department.
This is where many people trip up. You must check the box that best describes your situation. Usually, for penalty removal, you will check:
This is the "narrative" section. The IRS gives you a small box, but you can (and should) attach a separate sheet of paper if needed.
Your explanation should follow this structure:
Note: If you are applying for First-Time Abatements (FTA), simply state: "I am requesting an administrative waiver under the First-Time Abatement policy for the tax year [Year] as I have had no penalties in the prior three years."
Common Mistakes to Avoid
- Using the wrong form: Don't use Form 843 to dispute the amount of tax you owe—only the penalties and interest associated with it. To dispute the tax itself, you usually need an amended return (1040-X).
- Vague excuses: Saying "I forgot" or "I was busy" will result in an immediate "No."
- Missing signatures: If it’s a joint return, both spouses must sign.
Where to Mail Form 843
The mailing address depends on where you live and which type of tax you are disputing. Always check the Instructions for Form 843 on the official IRS website for the most current "Where to File" addresses, as they change frequently.
Need a Second Pair of Eyes?
Writing a narrative that the IRS won't reject is an art form. If you're dealing with a large penalty, it’s often safer to have a professional handle the communication.