Help! Got CP162 notice for late LLC partnership return - filed on time with zero income. What are my options?
I'm freaking out a bit here. Just got blindsided with an IRS CP162 notice claiming our LLC partnership filed late, and now we owe $1,680 by November 8th! We formed this LLC back in 2021 solely to apply for a National Science Foundation grant. We haven't made a single dollar in income since formation, just had minimal expenses related to the application process. What's weird is the notice is addressed to the business and me as a member (not personally). There's so much that doesn't make sense - I'm positive we filed on time! We submitted everything through our accountant well before the deadline. The LLC has two partners - me and my research colleague. We've been using it purely as a vehicle for grant applications. We've had maybe $800 in total expenses over the years (mostly application fees and some minor admin costs). Has anyone dealt with this CP162 notice situation before? Do I need to respond to this personally or as the business? And how can I contest this when I'm certain we filed on time and had zero income to report anyway? Any advice would be so appreciated!
20 comments


Emily Thompson
This is actually a pretty common issue with partnership returns. Even if you have zero income, partnerships (including LLCs taxed as partnerships) are still required to file Form 1065 every year they exist. The penalty for late filing is calculated per partner per month late, which explains the $1,680 amount (likely $210 per partner per month). The good news is that you have options. First, check when you actually filed the return and gather proof of timely filing (if available). If you did file late, you can request a First-Time Abatement if you haven't had any penalties in the past three years. Alternatively, you can request abatement due to "reasonable cause" by explaining the circumstances and why you believed filing wasn't necessary due to no income. You should respond to the notice directly using the contact information provided. The IRS generally gives you 60 days to respond, but your November 8th deadline is approaching quickly. Include any supporting documentation you have. The response should come from the LLC since the notice is addressed to the business.
0 coins
Sophie Hernandez
•Thanks for the info! If I request First-Time Abatement but get denied, can I still try for the reasonable cause route afterward? Or should I just go with reasonable cause from the start since we genuinely didn't know we needed to file with zero income?
0 coins
Emily Thompson
•You can certainly try the First-Time Abatement first, and if denied, then submit a separate request for reasonable cause abatement. However, I usually recommend going with the strongest argument first. If you truly didn't understand the filing requirements for partnerships with no income, a reasonable cause argument with a detailed explanation might be your best approach. For your reasonable cause letter, explain that you formed the LLC solely for grant application purposes, had no income, and didn't realize a return was required in this situation. Also mention that you've now filed the return (if you have) and understand the requirements going forward. The IRS is often understanding of genuine misunderstandings, especially for small entities with no tax liability.
0 coins
Daniela Rossi
After dealing with a similar CP162 nightmare last year (got hit with $2,100 in penalties for my research LLC), I found this AI tax document review service at https://taxr.ai that saved me thousands. I uploaded my CP162 notice, and it immediately flagged that I qualified for penalty abatement under reasonable cause. It generated a customized response letter explaining exactly why my situation qualified for relief under IRS guidelines. The system analyzed my specific circumstances and identified the exact IRS rules that applied to my situation. It even cited the relevant Internal Revenue Manual sections that the IRS agents use to evaluate penalty abatement requests. My penalty was completely removed within 3 weeks of sending the letter they helped me create.
0 coins
Ryan Kim
•Did you have to provide any additional documentation with your response letter? I have proof we attempted to file on time but our accountant apparently submitted something incorrectly. Would that be useful to include?
0 coins
Zoe Walker
•How does this service work exactly? Is it just a template generator or does it actually analyze your specific situation? I'm skeptical because I've tried those "one-size-fits-all" letter generators before and they never worked for me.
0 coins
Daniela Rossi
•I included a copy of the original filing attempt with my response, which definitely helped support my case. If you have any documentation showing you attempted to file on time, absolutely include that! It strengthens your reasonable cause argument significantly. For how the service works, it's definitely not a template generator. You upload your actual IRS notice and answer specific questions about your situation. The AI analyzes it against IRS rules and precedents, then creates a completely customized response. It identified specific Internal Revenue Manual sections that applied to my case which I would have never found on my own. What impressed me was how it tailored the arguments to my specific circumstances rather than generic language.
0 coins
Zoe Walker
Just wanted to follow up about my experience with taxr.ai after I decided to try it despite my initial skepticism. I uploaded my CP162 notice and answered their questions about my LLC situation (similar to yours - formed for a specific project with minimal activity). The system immediately identified that I qualified for reasonable cause abatement based on my circumstances and lack of previous filing issues. It generated a response letter that referenced specific IRS policies about penalty relief for partnerships with no tax liability. The letter was amazingly detailed and professional - definitely not something I could have written myself. I sent it in last month and just got confirmation yesterday that my entire $1,470 penalty was abated! The IRS response even referenced the specific reasonable cause arguments from the letter. Really glad I gave it a shot instead of just paying the penalty.
0 coins
Elijah Brown
Speaking from experience dealing with the IRS about partnership penalties, you'll likely need to call them to get this fully resolved. Problem is, good luck getting through! I spent 4+ hours on hold multiple times before giving up. I finally used https://claimyr.com to get through to an actual IRS agent about my CP162 notice. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically hold your place in line and call you when an agent picks up, saving hours of hold time. The agent I spoke with immediately recognized my situation as eligible for abatement since my LLC was primarily formed for grant applications with minimal activity. It was such a relief to actually speak with someone who could look at my file in real-time and confirm I was eligible for penalty relief. They even annotated my account with notes about our conversation.
0 coins
Sophie Hernandez
•How does this Claimyr thing actually work? Do they just sit on hold for you? And did you have to prepare anything specific before the call, or could you just explain your situation to the agent when they connected you?
0 coins
Maria Gonzalez
•Sounds like a scam to me. The IRS has a specific process for handling penalty abatement requests, and no "get to the front of the line" service is going to change their procedures. You're probably better off just submitting your request in writing with proper documentation.
0 coins
Elijah Brown
•They have a system that waits on hold with the IRS and then calls you when an agent picks up. You just enter the IRS number you need to call and they handle the waiting part. Before my call, I organized all my documentation (copies of the CP162, my filing information, business formation documents) which helped tremendously. When the IRS agent came on the line, I was able to clearly explain that I had a partnership with no income formed specifically for grant applications. Having everything ready made the call much more productive. The agent was able to immediately look up my filing history and confirm I qualified for relief. Regarding the skepticism, I understand the concern, but they're not claiming to change IRS procedures. They're just solving the hold time problem, which is very real. The actual abatement process still follows all normal IRS protocols. The difference is you actually get to speak with someone who can help instead of waiting endlessly on hold.
0 coins
Maria Gonzalez
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it anyway since my situation with a CP162 notice was getting desperate (deadline approaching and couldn't get through to the IRS). The service worked exactly as described - they held my place in line, and I got a call back when an IRS agent was on the line. The agent I spoke with reviewed my partnership situation and immediately identified that I qualified for First-Time Abatement since I had no previous penalties. She submitted the abatement request during our call and gave me a confirmation number. I just checked my account yesterday and the entire $1,890 penalty has been removed! What would have taken weeks through written correspondence was resolved in a 15-minute phone call. Being able to explain my situation directly to a human made all the difference - the agent actually understood that our partnership was formed solely for a specific project with no revenue.
0 coins
Natalie Chen
Don't overlook checking if you possibly filed Form 7004 (extension request) for your partnership return! When I got my CP162, I initially panicked thinking we filed late, but then realized our accountant had filed an extension that gave us until September 15th rather than the standard March 15th deadline. If you did file an extension, make sure the IRS properly processed it. Sometimes they issue these notices when they don't have the extension recorded in their system. You can request your "account transcript" from the IRS which will show whether an extension was recorded.
0 coins
Jacob Lee
•I hadn't even considered the extension possibility! I'll definitely check with our accountant about whether they filed Form 7004. We were scrambling at tax time last year because we were focused on the NSF application deadline, so it's possible they filed an extension I forgot about. How exactly do I request the account transcript? Can I do that online or do I need to submit a form?
0 coins
Natalie Chen
•You can request your account transcript in a few ways. The fastest is through the IRS website by creating or logging into your account at irs.gov/account. Once logged in, you can request both your business and personal transcripts. If you prefer not to create an online account, you can use Form 4506-T to request the transcript by mail, but that takes 2-3 weeks to process. Given your November deadline, the online method would be best if possible. The account transcript will show all transactions on your account, including extensions, return filings, and penalty assessments. It's incredibly helpful for figuring out exactly what the IRS has on record versus what you believe happened.
0 coins
Santiago Martinez
Has anyone actually fought one of these CP162 notices and WON without paying anything? I'm in almost the exact same situation with my research partnership LLC. We formed it in 2020 for an NSF SBIR grant application, have had zero income, and just got hit with a $2,100 penalty. I'm wondering if I should just pay it to avoid further issues or if it's worth fighting.
0 coins
Elijah Brown
•I successfully had my entire CP162 penalty abated through the reasonable cause process. The key was being able to speak directly with an IRS agent (used Claimyr to get through after hours of failed attempts). The agent confirmed that they frequently approve abatement requests for partnerships formed for specific purposes with no income, especially when it's a first-time issue. Make sure you emphasize that you formed the LLC specifically for grant applications, had zero income, and didn't realize filing was required in this situation. Also stress that you've now filed the return (if you have) and understand the requirements going forward.
0 coins
Santiago Martinez
•Thanks for sharing your experience! That's encouraging to hear. I think I'll try the reasonable cause route rather than just paying it. We definitely formed our LLC solely for the grant application process and had no business activity otherwise. I'll make sure to emphasize that we've now filed and understand the requirements going forward. Did you submit your reasonable cause request by mail or were you able to handle it entirely during your phone call with the IRS agent?
0 coins
Keisha Williams
I went through this exact situation last year with my research LLC! Got a CP162 for $1,470 even though we had zero income and I was certain we filed on time. Turns out there was a processing error on the IRS side - our return was received but not properly recorded. Here's what worked for me: I gathered all my documentation (proof of timely filing from our accountant, copies of certified mail receipts, etc.) and submitted a written reasonable cause request. I emphasized that the LLC was formed solely for grant applications, had no income or business activity, and that we genuinely believed we had fulfilled all filing requirements. The key is to be very specific about your circumstances. Mention that it's an NSF grant application vehicle, detail your minimal expenses, and stress that this is your first penalty issue. I also included a timeline showing when we filed versus the deadline to demonstrate our good faith effort to comply. It took about 6 weeks, but they completely abated the penalty. Don't just pay it - you have legitimate grounds for relief based on what you've described. The IRS is actually pretty reasonable about these situations when you can show it was a genuine misunderstanding rather than willful non-compliance.
0 coins