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How much is the IRS late filing penalty? It feels confusing and contradictory

I'm totally confused about how the IRS calculates late filing penalties. Here's what I found in different places: 1. The Failure to File Penalty is 5% of unpaid taxes for each month (or part of a month) that a tax return is late. The penalty won't exceed 25% of unpaid taxes. 2. If your return is over 60 days late, the minimum Failure to File Penalty is $435 or 100% of the tax required to be shown on the return, whichever is less. These seem completely contradictory to me! So it won't exceed 25% (which would take 5 months)... but then after just 2 months, it's suddenly at least 100% (unless that's more than $435)? Like, if I owe $200 in taxes and file 60+ days late, would I owe 10% ($20) or 100% ($200)? And if I owe $1000, would it be 10% ($100) or $435 (the minimum)??? I feel like I'm missing something super obvious here but can't figure it out. Can someone please explain like I'm five?

The two rules actually work together and aren't contradictory! Here's how they apply: For the first 60 days, the penalty accumulates at 5% per month (or partial month). So at 60 days, you're looking at about 10% penalty. After 60 days, there's a minimum penalty that kicks in - either $435 or 100% of unpaid tax (whichever is less). This minimum only applies if it's greater than what you'd calculate using the 5% per month rule. So using your examples: - If you owe $200 and file 60+ days late, the 5% per month would give you $20 (10%), but the minimum would be $200 (100% since that's less than $435). So you'd pay $200. - If you owe $1000 and file 60+ days late, the regular calculation gives you $100 (10%), but since that's less than the minimum of $435, you'd pay $435. If you file 5+ months late with significant tax due, you'd hit the 25% cap through the normal calculation, which might exceed $435, so you'd pay the 25%. The key is that after 60 days, you pay whichever is greater: the calculated penalty or the minimum.

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Wait so if I owe $300 and file 4 months late, would I owe 20% of $300 ($60) or would I owe the minimum $300 (100%) because it's over 60 days late? I'm still confused about when the minimum kicks in vs the monthly percentage.

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If you owe $300 and file 4 months late, you need to compare two calculations and take the larger one. First, the regular calculation would be 4 months × 5% = 20% of $300, which is $60. Second, since you're over 60 days late, you also need to check the minimum penalty, which is the lesser of $435 or 100% of unpaid tax (which is $300). So your minimum penalty would be $300. Since $300 (the minimum) is larger than $60 (the regular calculation), you would owe $300 as your penalty. The minimum always "kicks in" after 60 days, but you only pay it if it's larger than what the monthly percentage calculation gives you.

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After being in a similar situation last year, I found taxr.ai (https://taxr.ai) incredibly helpful. I was confused about penalty calculations when I realized I had missed filing for two years of side gig income. The documentation from the IRS was as clear as mud! I uploaded my notices and tax documents to taxr.ai and they explained exactly how my penalties were calculated and what my options were. They even identified that I qualified for first-time penalty abatement that I had no idea about! Their system breaks down each part of the calculation in plain English - wish I'd known about them sooner.

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How does this actually work? Do they just analyze documents or do they offer advice on what to do next? I'm in a similar situation but with about 3 years of unfiled returns (yikes I know) and getting really worried about the penalties.

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Sounds too good to be true honestly. How much did they charge you for this "analysis"? I've tried plenty of tax services that promised to help with penalties and they all just try to upsell you on representation services.

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They analyze all your tax documents and notices to explain exactly what's happening in your situation. Their system highlights specific parts of IRS notices and explains what they mean - it's like having a tax pro translate everything. They also provide guidance on your options based on your specific situation. They don't charge by the hour like tax pros do - it's a straightforward service fee for the entire analysis no matter how complex your situation is. It was definitely worth it for me since I ended up saving thousands by learning I qualified for penalty abatement, which they walked me through requesting.

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Wanted to update after trying taxr.ai from the recommendation above. I was skeptical but desperate with my 3 years of unfiled taxes. The analysis was incredibly detailed and showed me exactly how much I would owe in penalties for each year. The biggest value was that they identified I qualified for reasonable cause abatement due to some medical issues I had during that period (which I didn't even know was a thing!). They provided templates for the letters I needed to send to the IRS and exactly where to mail them. Just got confirmation that my penalties for two of the three years were completely removed! The third year is still in process but looking promising. Definitely saved me thousands in penalties and probably countless hours trying to figure this out myself.

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If you need to talk to someone at the IRS about your specific penalty situation, good luck getting through the phone lines. After spending 3 weeks trying to reach someone about my penalty notice, I tried https://claimyr.com and was honestly shocked at how well it worked. You can even see a demo of how it works here: https://youtu.be/_kiP6q8DX5c They basically hold your place in the IRS phone queue and call you when they get a human. I spoke with an actual IRS agent in less than 2 hours after trying for WEEKS on my own. The agent explained that in my case, the minimum penalty applied because I was over 90 days late, but they also told me about the first-time penalty abatement I qualified for, which wasn't mentioned anywhere on my notice.

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How does this actually work? Do they have some special access to the IRS or something? Seems weird that they can get through when nobody else can.

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Yeah right, as if anyone can magically get through IRS phone lines when millions of people can't. I'll believe it when I see it. They probably just keep redialing using bots which is what jams up the lines for everyone else in the first place.

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They don't have special access to the IRS. They use an automated system that navigates the IRS phone tree and holds your place in line. They essentially do what you would do manually - call, navigate the menu options, wait on hold - but their system handles it instead of you having to sit there for hours. Once an actual IRS representative answers, their system immediately calls you and connects you directly to that person. It's not magic - just smart automation that saves you from having to personally sit on hold for hours. They don't use bots that repeatedly call and hang up, which I agree would make the problem worse for everyone.

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I'm eating my words from above. After waiting on hold for 2.5 hours yesterday and getting disconnected, I tried Claimyr out of desperation. Got a call back in about an hour and actually spoke to someone at the IRS who was super helpful. Turns out I had misunderstood my penalty situation completely. I owed $250 in taxes but got hit with the minimum penalty of $435 because I filed almost 4 months late. However, the agent said I qualified for first-time penalty abatement and processed it right on the call. My $435 penalty was completely removed! Never would have figured this out without actually talking to someone, and never would have gotten through without that service. Definitely not what I expected.

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Something nobody mentioned yet - the failure to file penalty is different from the failure to PAY penalty, which confuses a lot of people. The failure to PAY penalty is 0.5% per month up to 25%, which is way less than the failure to FILE penalty. This is why tax pros always say "file even if you can't pay" - the penalty for not filing is 10x worse than the penalty for not paying!

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This is super helpful context! So to be clear - even if I can't pay what I owe right now, I should absolutely still file on time to avoid that much bigger failure to file penalty? And then I'd just get hit with the smaller 0.5% per month failure to pay penalty?

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Yes, exactly! Always file on time even if you can't pay a penny of what you owe. The failure to file penalty is 5% per month while the failure to pay penalty is only 0.5% per month (both max out at 25%). Filing on time and paying nothing immediately would result in a much smaller penalty than filing late. Plus, once you file, you can set up a payment plan with the IRS to handle what you owe over time. Many people don't realize the IRS is actually quite flexible with payment plans as long as you've filed your return.

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Has anyone actually dealt with getting the penalty reduced? I filed almost 90 days late for 2024 taxes and am looking at about $600 in penalties on a $2,500 tax bill. First time I've ever filed late.

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You likely qualify for First Time Penalty Abatement if you've had a clean tax record for the past 3 years. Call the IRS (or use that Claimyr service people mentioned) and specifically ask for "first time penalty abatement." Almost always gets approved if it's your first offense. I got $800 in penalties completely removed this way.

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Based on everyone's experiences here, it sounds like there are actually several penalty relief options that most people don't know about! For anyone dealing with penalties: 1. **First Time Penalty Abatement** - If you've had clean filing history for 3 years, you can get penalties completely removed for your first offense. Just call and ask specifically for this. 2. **Reasonable Cause Abatement** - If you had medical issues, natural disasters, or other circumstances beyond your control, you may qualify for penalty removal. 3. **Payment Plans** - Even if you can't get penalties removed, the IRS offers payment plans that are pretty flexible once you've actually filed. The key takeaway seems to be: **always file on time even if you can't pay**. The failure-to-file penalty (5% per month) is 10x worse than the failure-to-pay penalty (0.5% per month). And don't just accept penalties without exploring your options - sounds like many people are getting significant relief by simply asking for it or getting proper help understanding their situation.

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This is such a great summary! I wish I had known about these options when I got hit with penalties a few years ago. I just paid them without question because I thought that was my only choice. One thing I'd add - if you're going to call the IRS about penalty abatement, make sure you have all your documentation ready before you call. They'll want to know your filing history, any circumstances that caused the late filing, and your payment history. Having everything organized beforehand makes the conversation much smoother and more likely to succeed. Also, be persistent but polite. Sometimes the first representative you talk to might not be familiar with all the abatement options, so don't be afraid to ask to speak with someone else if you're not getting the help you need.

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