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Got penalty notice after CPA filed partnership return, now facing collections - pay now or wait for abatement?

This is my first time dealing with more complex tax situations, and I'm completely lost. I paid a good amount to a highly recommended CPA to handle everything for me this year. She converted my sole proprietor LLC to a partnership structure to maximize my refund, which seemed great at the time. About two weeks ago, I received a letter stating I owe around $450 for some penalty. I immediately contacted my CPA, specifically asking if there was anything I needed to do on my end to resolve this. They replied saying they were expecting this penalty and would send an abatement letter, but never told me I needed to take any action myself, so I assumed they would handle everything. Fast forward to today - I just got a certified mail notice of intent to levy. Looking at it closer, they've been charging interest since May 6th (even though I didn't receive the original CP162A until mid-June), and they're threatening to send me to collections in 30 days if this isn't resolved. After doing some digging online, I saw advice suggesting to just pay the penalty now and then wait for a refund after the abatement goes through. I definitely have the money and would've paid weeks ago if my CPA had told me that was necessary! So I logged into both my personal and partnership IRS accounts. Weirdly, both accounts show I owe nothing. My personal account allows me to make estimated tax payments, but the partnership account just says there's no balance due and doesn't give me any payment options. I'm on the Direct Pay site right now and don't see any options for paying a CP162A or CP504B specifically. It's Saturday and I can't reach the IRS or my CPA until Monday, but interest is accruing daily. Should I just pay this penalty? And HOW do I even pay it if the website won't let me? Or should I wait until Monday and accept the extra interest charges? My dad (who's my business partner) owns property he's currently trying to sell, and I'm really worried this could interfere with that process.

Not to be that person but I'm gonna go against what everyone else is saying. DON'T PAY IT YET! Call IRS first. I had literally the same scenario last year. I was about to pay a $750 penalty but talked to the IRS first. They could see my CPA had already filed the abatement and put a 45-day hold on collections activities while they processed it. If you pay now, you might have to wait 6+ months to get that money back, even after the abatement is approved. The IRS is super backed up on processing refunds. Also FYI - the IRS online account system is terrible at showing penalties correctly. Mine showed $0 the entire time too, even though I had multiple notices saying I owed.

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I did this and got screwed though. The IRS said they "saw" the abatement but still levied my account two weeks later. Definitely depends on who you talk to.

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Chloe Harris

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I'm dealing with a very similar situation right now! My LLC partnership got hit with a $380 penalty that my accountant said they'd handle with an abatement letter. That was 6 weeks ago and I just got my first collections notice today. Reading through all these responses, I think I'm going to call the IRS first thing Monday morning to see if I can get a collections hold while the abatement processes. If they can't guarantee that, I'll just pay it to be safe. One thing I learned from my research - you can actually check if your CPA really filed the abatement by asking the IRS for a "transcript" of actions taken on your account. They can tell you exactly what correspondence they've received and when. Might be worth asking for that when you call, just to make sure your CPA actually did what they said they'd do. The interest charges are minimal compared to the stress of potential bank levies, especially with your dad's property sale coming up. Better to pay now and get refunded later than risk having accounts frozen during a real estate transaction.

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Idk if this helps but I got a letter from Pioneer (another IRS collection agency) last year. Called the IRS directly and found out I qualified for Currently Not Collectible status because of financial hardship. The collection agency never mentioned this was an option even though I told them I couldn't pay. So definitely talk to the IRS directly about ALL your options, not just the ones the collection agency tells you about.

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How did you apply for Currently Not Collectible? Did you have to submit financial statements or something? I might be in a similar boat.

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Chloe Harris

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This is really helpful information everyone is sharing! I'm in a similar situation with a late filing penalty for my LLC. One thing I wanted to add - when you call the IRS directly about penalty abatement, make sure you have all your documentation ready. They'll want to know the specific reason for the late filing and any supporting evidence. For health-related issues with your accountant, if you have any documentation of that (like medical records or communication showing the accountant was unavailable), it could strengthen your reasonable cause argument. The IRS is generally pretty understanding about situations beyond your control, especially if you have a good compliance history. Also, when you do call, be prepared to explain why this was a one-time occurrence and what steps you've taken to prevent it from happening again. They like to see that you're being proactive about future compliance.

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Cynthia Love

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Great point about having documentation ready! I'm new to dealing with tax issues like this, but it makes sense that the IRS would want to see proof of reasonable cause. For the OP's situation with their accountant's health issues, would something like an email from the accountant explaining the situation work? Or do they need more formal medical documentation? I'm asking because I might face a similar situation in the future and want to know what kind of records to keep. Also, does anyone know if there's a time limit on how long after receiving the penalty notice you can request first-time abatement?

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For what it's worth, you might want to double check with your HSA provider directly too. Last year my 1099-SA had box 3 blank, but when I called my provider, they said they could send a corrected one with the right box checked. Apparently they had the info but hadn't included it on the form. Might be worth a quick call to see if your provider just made a mistake.

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Did having the box checked actually make any difference when you filed? I've heard from my accountant that you still need to fill out Form 8889 regardless, so I'm wondering if getting a corrected form is worth the hassle.

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In my situation, it didn't actually make any practical difference for filing. You're right that you still need to complete Form 8889 either way to report how you used the distributions. My tax software asked me directly about how I used the funds regardless of what was on the 1099-SA form. I think having the correct box checked just gave me more peace of mind that everything lined up properly. But honestly, based on my experience, I wouldn't say it's worth delaying your filing to get a corrected form if everything else is ready to go. The important thing is having your receipts for those qualified medical expenses saved.

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One more important thing about HSAs that nobody mentioned - those receipts for your qualified medical expenses don't expire! If you paid $3,200 out of pocket but only reimbursed yourself $2,750 from your HSA, you can actually reimburse yourself that remaining $450 from your HSA anytime in the future - even years from now! It's one of the best features of HSAs.

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Mei Wong

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Is there any special form or process needed to document this for future reimbursement? I've been saving medical receipts for years but haven't actually reimbursed myself from my HSA yet because I'm trying to let it grow. I'm worried I'll forget which expenses I've already claimed.

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IRS Form 8821 vs 2848 - Which one for helping elderly parent with tax debt?

My mom is struggling with a massive tax debt situation and I'm trying to figure out the best way to help her from a distance. She lives about 3000 miles away and is dealing with roughly $28k in back taxes from 2015 because my stepdad (passed away in 2021) had some day trading income that was never filed properly. From what I understand, my stepdad had set up some kind of payment plan with the IRS, but that expired after his death. Now they're demanding about $650 monthly payments which is completely impossible for her on her fixed income. The main complications: she barely speaks English (it's her second language), she's not comfortable with any kind of technology, and she struggles with reading in both languages. There's zero chance she could set up an IRS online account by herself. She's also really resistant to using the taxpayer advocate service because she doesn't trust government programs. I just want to get her monthly payments reduced to something reasonable, but I also need to see the full picture of what's going on. She's been embarrassed about the whole situation and I suspect she hasn't been completely forthcoming about how much is actually owed or all the details. My question is about which IRS form would be better in this situation - Form 8821 (Tax Information Authorization) which just lets me see her tax info, or Form 2848 (Power of Attorney) which would let me fully represent her? Any advice would be really appreciated.

Olivia Evans

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It's worth checking if your mom qualifies for the IRS Fresh Start program, especially since this debt is so old. With a proper financial statement (Form 433-F like someone mentioned), she might qualify for an Offer in Compromise where she pays less than the full amount owed. At her age and income level, the IRS might accept pennies on the dollar, especially for old tax debt. My mother owed about $35k, and we settled for around $3k through this program.

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Offer in Compromise is super hard to get approved though. My parents tried twice and got rejected both times even though they're on fixed income. The IRS kept saying they had too much equity in their house.

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Chloe Green

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I went through almost the exact same situation with my grandmother two years ago - she had about $22k in back taxes from 2016-2017 that my late grandfather had mishandled. The language barrier and technology issues sound very familiar. Definitely go with Form 2848. The 8821 would just frustrate you because you'd be able to see the problem but couldn't do anything to fix it. With the 2848, you can negotiate directly with the IRS on her behalf. A few practical tips from my experience: First, gather ALL her IRS notices before filling out any forms - you'll need the complete picture. Second, when you file the 2848, also prepare Form 433-F right away. The IRS will likely ask for it during your first call anyway, and having her financial info ready will speed things up. For someone with $1800/month income and $28k in old tax debt, the IRS is usually quite reasonable about payment plans. We got my grandmother's payment reduced from $480/month to $75/month, and after a year they put her account in "Currently Not Collectible" status because of her age and limited income. One thing to be prepared for - they may ask about any assets she has, including her home equity. But at her age and income level, they're typically much more flexible than with younger taxpayers.

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Laila Fury

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This is incredibly helpful - thank you for sharing your experience! The $75/month payment sounds much more manageable for someone on fixed income. I'm curious about the "Currently Not Collectible" status you mentioned. Did your grandmother have to reapply for that, or did the IRS automatically review her situation after the year of payments? Also, does that status affect her credit score or have any other consequences I should be aware of?

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Ethan Taylor

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Quick heads up - make sure you keep copies of EVERYTHING you send them. The IRS is known for losing mail these days with all the backlogs their dealing with. And when you do mail it, use certified mail with tracking so you have proof they received it.

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thanks for the tip! definitely gonna do certified mail

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Also worth noting - if you owe additional taxes after submitting the 8962, you'll get a separate bill for that amount plus interest from your original filing date. But if you end up getting a larger refund, they'll send you the difference. The whole process is annoying but at least they do eventually sort it out once they have all your forms.

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