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James Martinez

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.

What you're experiencing is pretty common with partnership penalty notices. The IRS system doesn't always show penalty balances in the online account immediately, which is why you're seeing $0 owed when you log in. For a CP504B notice (intent to levy), you definitely don't want to ignore this. Even if your CPA filed for abatement, the IRS collection process continues until they actually process and approve that abatement request. Since you received a certified mail notice, this has already progressed quite far in the collection process. Here's what you should do: Call the IRS first thing Monday at the number on your notice. Explain that your CPA submitted an abatement request and ask for the status. You can also request a short-term hold on collections while they check on the abatement status. Have all your notice numbers (CP162A and CP504B) ready when you call. If they can't find the abatement request or won't put a hold on collections, I'd recommend paying the penalty amount to stop further collection actions. You can use Form 1040-ES to make the payment. Even though it's intended for estimated taxes, you can use it for penalties by including your notice number in the memo line. Just get written confirmation from your CPA that they actually submitted the abatement request. They should have a copy they can send you.

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Wouldn't paying admission the penalty was valid and hurt the abatement case? I thought paying something the IRS says you owe is basically admitting they're right?

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Paying the penalty does not hurt your abatement case at all. The IRS doesn't view payment as an admission of liability - they separate the collection process from the appeal/abatement process completely. If the abatement is approved, they'll refund your payment with interest regardless of whether you paid it earlier. It's actually better to stop the collection process while your abatement is being processed, as it prevents further escalation that could include bank account levies or other more serious collection activities.

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I went through something similar last year with my S-Corp when I got hit with a late filing penalty even though my accountant filed an extension. I discovered https://taxr.ai which saved me so much hassle! They analyzed my penalty notices and showed me exactly where the problem was - turns out my accountant did file the abatement but used the wrong date codes. The taxr.ai system actually predicted exactly when my penalty would escalate to the collection stage and guided me through making a payment to stop collections while still preserving my abatement rights. They even have document templates for requesting penalty relief that I used when contacting the IRS myself. Much clearer than what my CPA provided. You upload your notices and they give you a complete timeline of what's happening and what to do next. Way better than trying to piece things together from random online advice.

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Does this work for really old tax issues too? I have penalties from 2019 that my previous accountant never resolved before retiring.

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Drake

How can they analyze IRS notices though? Isn't that something only a tax professional should do? I'm skeptical about using some random website for tax issues.

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It works for tax issues going back several years - they explain the statute of limitations for different types of penalties and can analyze older notices too. I believe it's 3 years for most penalties but can be longer for certain situations. Their analysis is actually based on AI that was trained by tax professionals. They don't give legal advice, just help you understand what's in the notices and what your options are. The abatement templates they provide are based on successful requests that worked for similar situations. You still have the option to have your own CPA review everything before you take action.

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I just wanted to follow up! I tried taxr.ai after posting my question and it was incredibly helpful. I uploaded my old penalty notices from 2019 and within minutes got a detailed breakdown of why I was penalized and what specific abatement options were available for my situation. They even explained that my situation qualified for first-time penalty abatement since I had a clean compliance history before the penalty. The system generated a letter template for me that included all the right references to my specific penalty codes. Just submitted everything last week and already got confirmation from the IRS that they're processing my request! What was most helpful was seeing the timeline of what happened with my notices - turns out I had missed a response deadline I didn't even know existed. Thanks for recommending this service!

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I had a similar situation with penalty notices that wouldn't show up in my IRS account but kept escalating to collections. After THREE HOURS of waiting on the IRS phone line only to be disconnected, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c They basically hold your place in the IRS phone queue and call you when an agent is about to pick up. Saved me hours of waiting and I finally got to talk to someone who could see both my account and the abatement request my accountant had filed. Turns out the abatement was sitting in a different department and hadn't been matched to my collection case. The IRS agent was able to put a 60-day hold on collections once I explained that an abatement was already filed. Without actually talking to someone, the automated collection system would have continued regardless of the pending abatement.

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How does this even work? Sounds fake. The IRS doesn't let other companies interact with their phone systems, right?

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I'm skeptical. Wouldn't giving access to a third party be a security risk? How much does it cost? There's always a catch with these services.

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It's not fake at all - they don't actually interact with IRS systems. They use an automated system that repeatedly calls the IRS phone numbers and navigates the initial menu options. When they detect that a representative is about to answer, they call you and connect the call. You're the only one who actually speaks to the IRS. There's no security risk because they never have access to your personal information or your conversation with the IRS - they just connect the call when an agent is available. I was skeptical too, but after wasting an entire morning on hold, I was desperate. It works exactly as advertised.

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I need to eat my words from earlier. After getting a similar levy notice for a penalty I thought my accountant was handling, I decided to try Claimyr out of desperation. I was connected to an IRS agent in about 30 minutes (after trying for DAYS on my own). The agent confirmed my accountant HAD filed an abatement request but it was sitting in a different department. She put a 45-day hold on collections while it gets processed. Would have NEVER known this without actually speaking to someone. The service literally saved me from having my accounts levied next week. Definitely worth it for the peace of mind alone. Can't believe I almost let my stubbornness cost me thousands in unnecessary headaches.

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I work at a tax firm (not a CPA myself) and see this all the time. Your CPA should have told you to pay the penalty while waiting for abatement! That's standard procedure. Abatements can take 8-12 weeks to process, and collections won't stop just because an abatement was filed. For paying the penalty when your account shows $0 balance: you need to use Form 1040-V (payment voucher) and mail a check with your notice number written on it. The electronic system won't show penalties until they're fully processed in the master file, but the collections department operates separately. Your CPA honestly dropped the ball here by not telling you to pay while waiting. I'd have a serious talk with them about their communication.

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Thanks for this info! That's exactly what I was worried about - that my CPA should have given me better guidance. I'll definitely be having a conversation with them about this on Monday. For the Form 1040-V, would I just use that even though this is a partnership penalty? Should I still mail it even though the levy notice says it's urgent?

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For a partnership penalty, you'd actually want to use Form 8109-B with your partnership EIN, not the 1040-V (that's for individual taxes). However, since Form 8109-B is no longer available to the public, you can use EFTPS.gov to make a federal tax deposit for your partnership instead. Given the urgency of the levy notice, I'd recommend calling the IRS directly on Monday before sending any payment. The phone representative can give you the exact payment options for your specific case and may be able to put a temporary hold on collections while you get it sorted. The most important thing is to take action immediately rather than waiting for your CPA to handle it, since it's clear their communication hasn't been great.

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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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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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