How to explain late 5500EZ filing penalty of $15,600 to IRS? Canada mail delay or recent bereavement?
I'm in desperate need of advice about a massive penalty for filing Form 5500EZ late. I received the 5500EZ from my accountant on August 15th, 2023 and was planning to send it right away. However, my mother passed away in early July, and honestly, the weeks after that were just a complete fog. I was staying in Montreal at the time and mailed the form from there. The IRS is saying they received it six weeks after I sent it and have now hit me with a $15,600 penalty! I don't have the receipt from Poste Canada to prove exactly when I sent it. I called the IRS and spoke with an agent who mentioned I could write an explanation letter to the EO Accounts Unit explaining why my form was received late and request a penalty abatement. This is my first year filing Form 5500EZ for my solo 401k (I'm self-employed with an S Corp), and my account has always been in good standing until now. I'm torn about which explanation to focus on in my abatement request - should I emphasize the mail delay from Canada, or should I explain about my mother's passing and how that affected me? Which reason do you think would be more likely to result in the penalty being removed?
18 comments


Javier Torres
I'm sorry about your mother's passing and this additional stress you're dealing with. In my experience working with penalty abatements, I'd strongly recommend using BOTH explanations in your letter, but emphasizing your bereavement as the primary reason. The IRS does recognize death of an immediate family member as reasonable cause for penalty abatement under their First Time Abatement policy. Since this is your first time filing Form 5500EZ and you have a good compliance history, that strengthens your case significantly. Make sure to include the date of your mother's passing and briefly explain how it affected your ability to handle tax matters promptly. The international mail delay is a good secondary reason to include. The IRS is aware that international mail can take significantly longer, especially from Canada. If possible, try to find any email correspondence with your accountant that might help establish timeline.
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Emma Davis
•Would it be helpful to include any documentation about the death, like an obituary or death certificate? Or is just stating it in the letter enough? Also, does the IRS have any specific form for requesting penalty abatement or just a regular letter?
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Javier Torres
•Including documentation about your mother's passing would definitely strengthen your case. A copy of the death certificate or published obituary would be ideal. If you don't have those readily available, any official document showing the date of death would help. For the penalty abatement request, you can use Form 843 "Claim for Refund and Request for Abatement," but a detailed letter explaining your situation attached to that form is what really matters. Make your explanation clear, concise, and focus on the timeline - when your accountant sent you the form, when your mother passed away, and your best estimate of when you mailed it. Be sure to reference your clean compliance history as well.
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CosmicCaptain
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Malik Johnson
•How long did the whole process take from when you submitted your request until they removed the penalty? I'm in a similar situation and worried about interest continuing to accumulate while waiting for a response.
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Isabella Ferreira
•That sounds too good to be true tbh. Did you have to pay them a percentage of the penalty amount? I've heard of services that charge like 25% of whatever they save you which seems steep.
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CosmicCaptain
•The entire process took about 8 weeks from the time I submitted my abatement request until I received confirmation that the penalty was removed. The IRS is actually required to stop interest accrual once a proper abatement request is submitted, so that wasn't an issue for me. I didn't have to pay a percentage of the penalty amount at all. They have a flat fee structure and it was way less than I expected considering they saved me over $10,000. Their expertise with the specific IRS rules for 5500EZ penalties was what made the difference - they knew exactly which legal grounds to cite.
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Isabella Ferreira
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Ravi Sharma
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Freya Thomsen
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Omar Zaki
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Ravi Sharma
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Omar Zaki
I just have to admit I was completely wrong about Claimyr. After my skeptical comment, I was desperate enough to try it for my own 5500EZ penalty situation. Within 15 minutes, I was talking to an actual IRS agent who explained exactly what I needed to include in my penalty abatement request. The agent told me they have specific internal guidelines for 5500EZ penalties that aren't published anywhere online. She explained I needed to include a specific reference to Revenue Procedure 2022-5 and request abatement under the "reasonable cause" provision. She also gave me the direct fax number for the department that handles these specific penalties. I would have NEVER gotten this info without actually speaking to someone. After months of frustration, that 15-minute call saved me thousands of dollars. Sometimes I hate being wrong, but in this case I'm glad I was!
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AstroAce
As someone who's been through this exact situation, I'd recommend focusing primarily on your mother's passing. A death in the immediate family is one of the few explanations the IRS consistently accepts for penalty abatement. The mail delay from Canada is more subjective and harder to prove without a receipt. Make sure you're using Form 843 for your abatement request and attach a detailed letter explaining both factors. I'd also recommend calling the IRS Taxpayer Advocate Service at 877-777-4778 - they're actually helpful (shocking, I know) and can sometimes expedite these requests when there are extenuating circumstances like a death in the family.
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Chloe Martin
•Do you know if there's a time limit for requesting penalty abatement? My situation is from last year and I just got the penalty notice last month.
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AstroAce
•You generally have three years from the date you filed the original return (or two years from when you paid the penalty, whichever is later) to request an abatement. So for a penalty from last year that you just received notice about, you're well within the timeframe. One important tip: if you pay any portion of the penalty before requesting abatement, you're technically requesting a "refund" of that payment rather than an "abatement" of the penalty, which follows slightly different rules. If possible, file your abatement request before making any payments toward the penalty.
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Diego Rojas
Don't overlook the fact this is your first year filing Form 5500EZ! The IRS has a First-Time Penalty Abatement (FTA) policy that's separate from reasonable cause abatement. You qualify if you: 1) Didn't have to file 5500EZ before 2) Have no penalties in the past 3 years 3) Are compliant with all filing and payment requirements So you actually have THREE strong arguments: bereavement, international mail delay, AND first-time penalty abatement. The FTA is almost automatically granted if you qualify, so definitely lead with that in your request!
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Anastasia Sokolov
•I tried using the First-Time Penalty Abatement for a late 5500EZ and got denied. They told me FTA doesn't apply to 5500EZ penalties, only to regular income tax penalties. Has anyone successfully used FTA specifically for 5500EZ?
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