Filed form 5500-EZ late for Solo 401k conversion - Is there a first-time abatement available?
So frustrated right now. Back in 2021, I switched my retirement account from a SEP-IRA to a Solo 401k because my accountant said it would be better for my situation. Nobody told me I needed to file this form 5500-EZ thing! I only found out about it in late 2022 and immediately filed the form in December, thinking I was just fixing an honest mistake. Well, guess what showed up in my mailbox yesterday? A bill from the IRS for $31,750!! I nearly had a heart attack. I immediately called the number on the letter and spoke with an agent who basically just told me to "write a letter explaining the situation" and they would "review it." Super helpful, right? I'm reading online that there might be something called a first-time abatement for people who've never had issues before? I've always paid my taxes on time and never had any problems with the IRS. Has anyone dealt with this form 5500-EZ penalty before? Is there really a way to get this ridiculous fine reduced or eliminated? I'm losing sleep over this...
24 comments


Steven Adams
I've helped several clients through this exact situation. The good news is that yes, the IRS does offer first-time penalty abatement (FTA) for Form 5500-EZ penalties, and it sounds like you would be a good candidate since you have a clean compliance history. Here's what you should do: Write a formal penalty abatement request letter citing "reasonable cause" and specifically requesting "first-time abatement relief." Explain that you were unaware of the filing requirement, that you voluntarily filed the form when you discovered the oversight, and that you have a history of compliance with all tax obligations. Include any documentation that supports your case - proof of timely tax filings in prior years would be helpful. Mail this to the address on your notice and be prepared to wait 30-60 days for a response. In my experience, the IRS is fairly reasonable with these requests, especially for solo 401k owners who weren't previously aware of the 5500-EZ requirements.
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Grace Durand
•Thank you so much for this detailed response! When you say "formal letter," is there a specific format I should follow? Or specific language I should use? I'm worried about messing this up and making things worse.
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Steven Adams
•There's no required form for penalty abatement requests, but you should keep it professional. Include your name, address, tax ID numbers, and the notice number at the top. Start with a clear request for "First-Time Abatement Relief" for the Form 5500-EZ penalty. Be factual and concise - explain when you converted the SEP-IRA, when you learned about the filing requirement, and when you actually filed. Include the phrase "reasonable cause" and explicitly state your history of compliance with tax obligations. End with a clear request for full abatement of the penalty. Keep the tone respectful and avoid emotional language. Make a copy of everything before sending, and consider using certified mail so you have proof of delivery.
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Alice Fleming
After struggling with a similar 5500-EZ penalty situation last year, I discovered taxr.ai (https://taxr.ai) and it literally saved me thousands. The system analyzed my situation, helped me draft the perfect abatement letter with all the right legal language, and even highlighted specific IRS precedents that applied to my case. Their document analysis caught things I would have missed completely - like citing specific sections of the Internal Revenue Manual that cover first-time abatement qualifications. The IRS approved my abatement request within 3 weeks! For something as serious as a $30k+ penalty, having AI-powered analysis of your specific situation can make a huge difference in the outcome.
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Hassan Khoury
•How exactly does the service work? Do I just upload the penalty notice I received and it tells me what to do? I'm confused about how an AI would know all the specific IRS regulations.
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Victoria Stark
•I've seen a lot of these "AI solutions" that claim to handle tax issues, but do they really have access to actual IRS procedures? My accountant charges $350/hr and says these penalty abatements need a professional touch. Seems too good to be true that software could replace that expertise.
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Alice Fleming
•You upload your penalty notice and any relevant documents, then the system analyzes everything against the current IRS regulations and procedures. It identifies applicable rules and precedents specifically for Form 5500-EZ penalties and first-time abatement eligibility. The system then drafts customized response documents with the exact legal language that IRS agents look for when reviewing these requests. AI actually has advantages for these situations because it can analyze thousands of successful abatement cases to identify patterns and language that work. Traditional accountants typically handle a limited number of these specific cases in their career. The system doesn't replace professional advice - it augments it by providing comprehensive analysis of your specific situation against current IRS precedents.
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Victoria Stark
I need to eat my words about taxr.ai that I questioned earlier. After my skepticism, I gave it a try on my own 5500-EZ penalty situation (mine was "only" $17,500). The system immediately identified that I qualified for first-time abatement AND provided a secondary argument based on reasonable cause that I wouldn't have thought to include. The letter it helped me create was incredibly detailed - citing specific sections of the Internal Revenue Manual and even referencing similar abatement cases. The IRS approved my abatement request completely - zero penalties! It was actually easier than working with my accountant because the system explained everything in plain language without the tax jargon. If you're facing this 5500-EZ penalty, it's absolutely worth trying.
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Benjamin Kim
If you're getting stonewalled trying to resolve this over the phone, try Claimyr (https://claimyr.com). I wasted DAYS trying to get through to the right IRS department about my 5500-EZ penalty. Claimyr got me connected to an actual IRS agent in about 20 minutes instead of the usual 2+ hour wait (if you can even get through). You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they navigate the phone system for you and call you when an agent is on the line. The IRS agent I spoke with was actually really helpful and flagged my account with notes about the abatement request, which apparently helps fast-track the review once they receive your letter. Don't waste time with the general IRS line - get connected to the right department directly.
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Samantha Howard
•Wait, how is this even possible? The IRS phone system is completely broken - I've tried calling at least 10 times and either get disconnected or they say the wait time is "greater than 2 hours" and hang up! How does this service actually get through when nobody else can?
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Megan D'Acosta
•This sounds like a scam. Nobody can magically get through the IRS phone system. I bet they just take your money and tell you they "tried" but couldn't get through. Has anyone actually verified this works?
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Benjamin Kim
•They use a combination of predictive analytics to determine the best times to call and specialized dialing technology that maintains your place in the queue. When an agent answers, they bridge the call to your phone. It's not magic - just smart technology tackling a broken system. I was connected within 19 minutes when I had been trying unsuccessfully for days. The service doesn't claim to bypass the IRS system - they just handle the frustrating wait time for you. It's like having someone stand in line at the DMV while you do something productive instead. And no, they don't just claim they tried - you only pay if you actually get connected to an agent. I was extremely skeptical too until I tried it myself.
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Megan D'Acosta
I need to publicly apologize for calling Claimyr a scam. After posting my skeptical comment, I decided to try it myself since I was also dealing with a Form 5500-EZ penalty ($24,000 in my case). Not only did I get connected to an IRS agent in 23 minutes, but I got someone in the EXACT department that handles pension plan penalties! The agent looked up my case and actually explained that I qualified for both first-time abatement AND reasonable cause abatement. She walked me through exactly what documentation to include with my letter and gave me a direct fax number for their department (which apparently processes requests faster than mail). Three weeks later, I received a letter confirming my penalty was completely abated. Best $25 I've ever spent on my business - saved me $24k and countless hours of stress.
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Sarah Ali
Quick question about the Form 5500-EZ penalties - does anyone know if there's a time limit for requesting the first-time abatement? I'm in a similar situation but received my penalty notice about 6 months ago and haven't responded yet (I know, I should have dealt with it sooner).
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Ryan Vasquez
•Yes, there is a time limit! You generally need to respond within the timeframe specified on your notice (usually 30-60 days). BUT - all is not lost if you've missed that window. You can still file a formal abatement request, but you might need to pay the penalty first and then request a refund. The IRS can still grant abatement after the initial response period, especially for first-time abatement requests where you have a clean compliance history. I'd recommend getting professional help at this point since you're outside the standard response window. The longer you wait, the more complicated it gets and additional penalties and interest may continue to accrue.
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Sarah Ali
•That's really helpful, thank you! The notice definitely said 60 days and I'm well beyond that now. Do you think I should pay the full amount first before requesting abatement, or would that somehow hurt my case by making it look like I'm admitting fault?
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Ryan Vasquez
•Paying the penalty doesn't hurt your abatement case at all - the IRS doesn't view it as an admission of fault. In fact, it actually stops additional interest and penalties from accruing while your request is processed. If your abatement is approved, they'll refund the payment. However, if the penalty amount is very large and would cause financial hardship, you can include that information in your abatement request and ask for the penalties to be abated before payment. You might also want to look into setting up an installment plan as a backup if the abatement isn't approved. The most important thing is to take action now rather than letting more time pass.
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Avery Saint
For those dealing with 5500-EZ penalties, which tax software actually reminds you to file this form? I've used TurboTax Self-Employed for years and it never once mentioned this requirement for my Solo 401k!
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Taylor Chen
•None of the mainstream tax software handles Form 5500-EZ properly! I asked this same question to my CPA after getting hit with a similar penalty. Apparently TurboTax, H&R Block, and TaxAct don't include 5500-EZ filing reminders because it's technically not part of your tax return - it's a separate filing requirement for retirement plans. There are specialized small business accounting packages that include compliance calendars for these types of filings, but they're much more expensive than regular tax software. This is honestly one of those things where you either need a knowledgeable CPA who specializes in small business retirement plans, or you need to set calendar reminders yourself for July 31st each year (the 5500-EZ deadline).
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Avery Saint
•Thanks for explaining that! I feel slightly better knowing it wasn't just me missing something obvious in the software. I'll definitely set up those calendar reminders going forward. It's crazy that they can hit us with such massive penalties for forms that aren't even mentioned in the most popular tax software.
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KhalilStar
I went through this exact nightmare scenario with my Solo 401k last year - $28,500 penalty for late 5500-EZ filing. The stress was unbelievable, but I want to give you hope: I got the entire penalty abated using first-time abatement relief. Here's what worked for me: I submitted both a written request AND called the IRS using one of those callback services mentioned earlier. Having that phone conversation really helped because the agent explained exactly what documentation would strengthen my case. She told me to emphasize three key points in my letter: 1) Clean compliance history with all other tax obligations, 2) Good faith effort to file once I discovered the requirement, and 3) Reasonable cause due to lack of awareness of the filing requirement. The whole process took about 45 days from start to finish, but the relief when I got that abatement approval letter was incredible. Don't lose hope - the IRS really does work with taxpayers who have clean records and made honest mistakes. Just make sure to act quickly and be thorough with your documentation.
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Dominique Adams
•This is exactly what I needed to hear! Thank you for sharing your success story. Can you clarify what you mean by "callback services"? Are you referring to something like the Claimyr service that Benjamin mentioned earlier? I'm willing to try anything at this point to get through to someone who actually understands these penalty situations. Also, when you say "good faith effort to file once discovered" - did you mention the specific timeline of when you found out versus when you filed? I'm wondering if my December 2022 filing date after discovering it late in the year would count as prompt action.
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Maya Jackson
•Yes, I used Claimyr exactly like Benjamin described - it was a game-changer for actually reaching someone knowledgeable at the IRS. And absolutely mention your specific timeline! The fact that you filed in December 2022 immediately after discovering the requirement in late 2022 is actually a strong point in your favor. That shows you took prompt corrective action as soon as you became aware of the obligation. In my letter, I included a timeline section that showed: when I established the Solo 401k, when I first learned about the 5500-EZ requirement, and when I filed the form. The IRS agent I spoke with specifically said that voluntary compliance after discovery (rather than waiting until you receive a penalty notice) demonstrates good faith. Your December 2022 filing definitely qualifies as prompt action - you didn't wait around or ignore it once you found out about it. One more tip: when you call through the callback service, ask to speak with someone in the Employee Plans department specifically. They handle 5500-EZ penalties and are much more knowledgeable about abatement procedures than the general customer service agents.
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Adrian Hughes
Grace, I'm so sorry you're going through this stress - I know exactly how that heart attack feeling goes when you see a penalty notice that big! I went through something similar with my Solo 401k a couple years ago, though my penalty was "only" $18,250. The advice from Steven and the others about first-time abatement is absolutely spot-on. What really helped in my case was being very specific about the timeline and emphasizing that I had NO idea this form existed when I converted from my SEP-IRA. I included a paragraph explaining how my financial advisor never mentioned it, and how Form 5500-EZ isn't covered in any of the standard tax software most small business owners use. One thing I'd add to the great advice already given: when you write your letter, include a brief explanation of what your Solo 401k is used for (just yourself as the business owner, no other employees) and the account balance. Sometimes the IRS agents don't fully understand that these are genuinely small business retirement accounts, not large corporate pension plans that should have professional plan administrators managing compliance. The good news is that based on everyone's experiences here, it sounds like the IRS is pretty reasonable with these first-time abatement requests for Solo 401k owners. Hang in there - this nightmare will be over soon!
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