Can I avoid underpayment penalty after forgetting to update tax withholding elections following divorce?
Title: Can I avoid underpayment penalty after forgetting to update tax withholding elections following divorce? 1 I finalized my divorce this past summer, and with everything going on, I completely forgot to update my withholding elections at my job. Now I'm looking at owing around $1,600 to the IRS (I still need to add some investment income since I'm missing my 1099-INT and 1099-DIV forms, but that's my rough estimate). I've read that since I owe more than $1,000, I'll probably get hit with an underpayment penalty. Is there any way to avoid this penalty at this point? I'm also worried this might increase my chances of being audited. Are there any other implications I should be aware of or steps I should take now?
20 comments


Natalia Stone
8 You might be able to avoid the underpayment penalty even in this situation. The IRS has a few exceptions that could help you out. First, check if you qualify for any of these safe harbors: 1) If your withholding and estimated payments cover at least 90% of your current year tax liability, or 2) If they cover 100% of your prior year's tax liability (110% if your AGI was over $150,000). There's also a special rule if your tax situation changed suddenly during the year - which divorce definitely qualifies as! Look into Form 2210 "Underpayment of Estimated Tax." You can request a waiver of the penalty due to casualty, disaster, or other unusual circumstances if you can demonstrate reasonable cause. Major life changes like divorce can sometimes qualify as unusual circumstances, especially if this is your first time underpaying. As for audit risk - underpayment penalties by themselves don't typically trigger audits. The IRS understands life changes happen. Just make sure everything else on your return is accurate and well-documented.
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Natalia Stone
•14 Thanks for this info! Do you know if I need to attach any specific documentation to prove the divorce when requesting a waiver? And if I do qualify for a waiver, do I still need to pay the full tax amount by the filing deadline?
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Natalia Stone
•8 You don't typically need to attach divorce documentation to your tax return, but keep copies handy in case the IRS requests them later. You should note the reason for requesting the waiver directly on Form 2210 or attach a brief statement explaining the circumstances. Yes, you absolutely still need to pay your full tax amount by the filing deadline (April 15, 2025) regardless of any penalty waiver. The waiver only eliminates the penalty, not the underlying tax obligation. If you need more time to pay, you can request an installment agreement with the IRS using Form 9465.
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Natalia Stone
12 I went through something very similar last year after my separation - totally messed up my withholding and owed a bunch. I found this tool called taxr.ai (https://taxr.ai) that was super helpful for figuring out the penalty situation. It analyzed my tax documents and helped me understand exactly where I stood with potential underpayment penalties. Their system scanned my prior year returns and current pay stubs to help me figure out if I qualified for any of the safe harbor provisions. It also walked me through documenting my "unusual circumstances" case for requesting a penalty waiver. Saved me a ton of stress trying to figure it all out myself.
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Natalia Stone
•19 How exactly does the tool work? Do you have to upload all your sensitive tax documents to their site? I'm always nervous about sharing my financial info with random websites.
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Natalia Stone
•7 I'm interested but skeptical. Did it actually help you avoid the penalty completely or just reduce it? I'm in a similar situation and wondering if it's worth trying.
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Natalia Stone
•12 The tool works by analyzing your tax documents to identify specific exemptions you might qualify for. You do upload documents, but they use the same security protocols as major tax software companies with encryption and secure data handling. It helped me completely avoid the penalty by identifying that I qualified for a safe harbor provision I didn't know about. The system also helped me draft the proper language for my waiver request that specifically cited the relevant IRS regulations. It basically showed that my situation qualified for an exception I would have missed on my own.
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Natalia Stone
7 Just wanted to update everyone - I decided to try taxr.ai after seeing it mentioned here and I'm really glad I did! My situation was almost identical (divorce last year, totally messed up withholding). The site analyzed my documents and found that I actually qualified for the 90% safe harbor since my final quarters had higher withholding. It also walked me through completing Form 2210 with the right annotations for requesting a waiver based on "unusual circumstances" - specifically citing my divorce as a qualifying life event. Just got confirmation that my penalty was waived completely! Would have never figured this out on my own.
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Natalia Stone
15 I had a similar issue last year and couldn't get clear answers from the IRS. Spent DAYS trying to get through on their phone lines. Finally found Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in about 20 minutes instead of waiting for hours or getting disconnected. The agent was able to tell me exactly what documentation I needed to submit with my waiver request and confirmed that divorce definitely qualifies as an unusual circumstance for Form 2210. They even noted it on my account that I had called about this issue. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Instead of guessing or getting conflicting advice online, I got official confirmation directly from the IRS about my specific situation.
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Natalia Stone
•22 Wait, how does this actually work? Is this just paying someone to wait on hold for you? I don't understand how they can get through when nobody else can.
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Natalia Stone
•20 This sounds like BS honestly. The IRS phone system is backed up for everyone. How would some random service magically get through when millions of people can't?
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Natalia Stone
•15 It's not someone waiting on hold for you - they use a system that continually redials and navigates the IRS phone tree until it finds an open line, then it calls you and connects you directly to the agent. It's completely legitimate and saves you from having to manually redial dozens of times. They definitely don't have special access - they just have technology that's more persistent than a human could be at navigating the phone system. That's why it works when doing it manually often fails. Think of it like having a computer try combinations on a lock instead of doing it by hand - it's just more efficient at the repetitive task.
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Natalia Stone
20 I have to eat my words here. After posting my skeptical comment, I figured I'd try Claimyr since I was getting desperate about my own underpayment issue. Not only did I actually get through to the IRS in about 15 minutes, but the agent confirmed that I could qualify for a waiver due to "unusual circumstances" and walked me through exactly how to document it on Form 2210. They told me specifically which box to check and what supporting statement to include. The agent even gave me her ID number to reference if there were any questions about my waiver request. Honestly shocked that this actually worked when I'd been trying for weeks to get answers.
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Natalia Stone
17 Just a heads up on those underpayment penalties - they're actually calculated quarterly, not just on your total annual underpayment. Form 2210 breaks down your tax liability into 4 payment periods. If your divorce happened mid-year, make sure you note WHEN the change occurred since that can affect how the penalty is calculated. You might only have penalties for quarters after the divorce if your withholding was on track before that.
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Natalia Stone
•1 That's really helpful to know about the quarterly calculation. Does this mean I should fill out the detailed version of Form 2210 rather than the short method? And is there a specific place on the form where I indicate when the divorce was finalized?
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Natalia Stone
•17 Yes, you'll want to use the regular method on Form 2210 rather than the short method. The regular method lets you show the quarterly breakdown, which is crucial in your situation since your circumstances changed mid-year. There's not a specific line for noting your divorce date on Form 2210 itself, but you should attach a brief statement explaining the timing of your divorce and how it affected your withholding. In your case, you'd want to clearly show that your withholding was adequate before the divorce but changed afterward due to the life event.
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Natalia Stone
11 Does anyone know if the recent tax law changes affected the underpayment penalty thresholds at all? I thought I read something about them being more forgiving for 2024 taxes.
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Natalia Stone
•9 The basic threshold is still $1,000 for 2024, but they did adjust some of the safe harbor percentages. I believe they temporarily reduced the 90% requirement to 80% for certain taxpayers affected by major life changes.
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Arjun Kurti
I'm going through something similar right now - divorced last year and completely missed updating my W-4. The quarterly penalty calculation mentioned above is spot on and really important to understand. One thing I learned from my tax preparer is that you should also check if you had any major changes in income during the year, not just withholding. If your income dropped significantly after the divorce (like losing a spouse's income or changing jobs), that can actually work in your favor for the safe harbor calculations. Also, don't forget to update your filing status to single or head of household if you have kids - that alone might change your tax liability enough to affect whether you even owe a penalty. The IRS is generally pretty reasonable about life changes like divorce as long as you document everything properly on Form 2210.
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Khalid Howes
•This is really helpful advice about the income changes! I hadn't thought about how losing my ex-spouse's income might actually help with the safe harbor calculations. My total household income definitely dropped after the divorce, so that could work in my favor. Quick question about the filing status change - I don't have kids, so I'd be filing as single. Do you know if changing from married filing jointly to single typically results in higher or lower tax liability? I'm trying to figure out if this status change might reduce my underpayment or make it worse. Also, when you mention documenting everything properly on Form 2210, are you talking about just the attached statement explaining the divorce timing, or is there other documentation I should include?
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