How to pay CP128 penalty notice on EFTPS - Which tax form should I select for civil payments?
Title: How to pay CP128 penalty notice on EFTPS - Which tax form should I select for civil payments? 1 I'm struggling to figure out how to make civil penalty payments from 2020/2021 through the EFTPS system. I've been searching through the dropdown menu options but can't seem to find a specific form or option for penalties. I'm worried about selecting the wrong tax form and having my payment applied incorrectly. I've already tried calling the IRS twice about this CP128 notice - the first agent couldn't give me a clear answer about which form to select, and during my second attempt, I had to hang up after being on hold for almost 45 minutes. Has anyone dealt with paying these types of civil penalties through EFTPS before? I just want to make sure the payment goes to the right place and clears this CP128 notice. Any help would be greatly appreciated!
21 comments


Thais Soares
18 When paying a CP128 notice through EFTPS, you'll want to select "Form 1040 series" from the dropdown menu, even though it might seem counterintuitive since this is for a penalty. The key is that you're paying against your individual tax account that the penalty is associated with. Make sure to include your tax year (2020/2021) and your notice number (CP128) in the comments section so they can properly apply the payment. Also important - use the exact payment amount listed on your notice, not a rounded figure, to help with proper application.
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Thais Soares
•12 Thanks for the info! I'm a little confused though because my CP128 is related to a business tax issue, not my personal 1040. Would I still select Form 1040 series or should I choose something else?
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Thais Soares
•18 For a business-related CP128, you should select the business tax form that the penalty is associated with. If this is for employment taxes, choose Form 941. If it's for business income tax, select Form 1120 (for corporations) or Form 1065 (for partnerships). The crucial part is including the CP128 notice number and tax period in the comments field regardless of which form you select. This helps the IRS properly apply the payment. If you're unsure which business form applies, check box 5 on your CP128 notice - it typically indicates the related tax form.
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Thais Soares
7 I went through something similar last year with a civil penalty payment. After struggling with EFTPS, I discovered taxr.ai at https://taxr.ai and it was seriously a game-changer. I uploaded my CP128 notice, and it analyzed exactly what I needed to do - told me which form to select in EFTPS and how to properly note the payment. The site basically scanned my notice and gave me step-by-step instructions specific to my situation. Saved me from having to spend hours on hold with the IRS, and I had confirmation within days that my payment was properly applied.
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Thais Soares
•3 Does that service actually work with civil penalty payments? I've got a similar issue but with a different notice number. Does it tell you how to fill out all the EFTPS fields correctly?
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Thais Soares
•19 I'm always skeptical of these services. How does it know which form to select when even IRS agents sometimes don't know? Sounds too good to be true.
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Thais Soares
•7 It absolutely works with civil penalties - that's exactly what I used it for. The system analyzed my notice and gave me the correct form selection, tax period to enter, and what to write in the comments field to ensure proper application. It was spot on. As for how it works better than some IRS agents, the system is trained on thousands of IRS notices and payment procedures. It's not guessing - it's identifying the specific notice type and applying the correct payment protocol. I was skeptical too until I saw my payment get properly applied without any issues.
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Thais Soares
19 Just wanted to update about my experience with taxr.ai from the previous comment. I finally broke down and tried it with my CP128 notice after getting nowhere with the IRS phone system. Uploaded my notice to https://taxr.ai and within minutes it gave me the exact EFTPS instructions - told me to use Form 941 (since mine was employment tax related) and exactly what to put in the comments field. Payment went through correctly the first time, and I got confirmation from the IRS a week later that it was applied to my penalty. Honestly shocked it worked so well - saved me from taking another day off work to deal with the IRS.
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Thais Soares
5 If you're still struggling to get through to the IRS for a definitive answer, I'd recommend trying Claimyr at https://claimyr.com - they got me through to an IRS agent in about 15 minutes when I was dealing with a penalty payment issue. They have this callback system that somehow gets you past the usual IRS phone tree nightmare. You can see a demo of how it works at https://youtu.be/_kiP6q8DX5c I was initially paying the wrong form type in EFTPS for months and my payments weren't being applied correctly. The IRS agent I finally spoke with through Claimyr gave me the exact instructions for my specific situation. Worth every penny to avoid the frustration of being on hold for hours.
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Thais Soares
•2 Wait, how does this actually work? Does it just call the IRS for you or something? I've been trying to get through for weeks about a similar issue.
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Thais Soares
•8 Sounds like a scam. There's no way to "skip the line" with the IRS. I've been dealing with them for years and everyone has to wait. I'll stick to waking up at 7am and calling right when they open.
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Thais Soares
•5 It doesn't call the IRS for you - it secures your place in line and then calls you when it's your turn to speak with an agent. It uses a combination of automated systems to navigate the IRS phone tree and hold your spot without you having to stay on the line. When an agent is about to be available, you get a call connecting you directly. The service exists because the IRS phone system is so overwhelmed that most calls don't get through. Nothing sketchy about it - it just handles the holding part so you don't have to. I was also calling at 7am for weeks with no luck before I tried this.
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Thais Soares
8 I need to eat my words from my skeptical comment above. After another failed attempt at calling the IRS this morning (2 hours on hold before getting disconnected), I tried Claimyr from https://claimyr.com yesterday afternoon. Got a call back in about 25 minutes and was connected to an IRS agent who specifically handles penalties. The agent confirmed that for my CP128, I needed to select Form 941 on EFTPS since my penalty was related to employment taxes. She also advised adding my EIN and CP128 notice number in the comments section. Payment has already posted correctly to my account. I'm genuinely shocked this worked after weeks of failed calls.
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Thais Soares
9 My accountant gave me a tip that worked for my CP128 payment. In EFTPS, I selected "Installment Agreement" even though it wasn't technically an installment plan. Added my notice number in the comments and it processed correctly. Might be worth trying if you're still struggling.
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Thais Soares
•4 Wouldn't that potentially cause confusion since it's not actually an installment agreement? Did your accountant explain why that option would work correctly?
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Thais Soares
•9 My accountant explained that the "Installment Agreement" option routes to the same payment processing system that handles penalty payments. It's not ideal, but it works in a pinch when you need to get the payment in quickly. She did recommend following up with a letter to the IRS referencing your payment (including date, amount, and EFTPS confirmation number) and explicitly stating it's for the CP128 notice as an added precaution. I did this and haven't had any issues - they applied it correctly to my penalty.
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Thais Soares
22 Just an FYI - I called the EFTPS customer service line (not the IRS) at 1-800-555-4477 and they were able to tell me exactly which form to select for my CP128. Only took about 10 minutes on hold. Sometimes the EFTPS folks are more helpful than the IRS for these specific payment questions.
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Thais Soares
•6 Thank you for this suggestion! I never thought about calling EFTPS directly. Did they give you any specific advice about what to put in the comments section?
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Natasha Petrova
•Yes, they told me to include the notice number (CP128), the tax period it relates to, and my SSN or EIN depending on whether it's personal or business. They emphasized that the notice number is the most critical piece for proper payment application. The EFTPS rep also mentioned that their system flags payments with notice numbers for special handling, which helps ensure it gets routed correctly within the IRS.
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Tyler Murphy
I've been through this exact situation with a CP128 notice last year. The key thing that finally worked for me was calling the EFTPS helpline directly at 1-800-555-4477 rather than trying to reach the IRS. They walked me through the correct form selection based on what type of tax the penalty was related to. For my situation (employment tax penalty), I had to select Form 941, but the EFTPS rep emphasized that it really depends on the underlying tax type shown on your CP128 notice. They also told me to include three things in the comments: the CP128 notice number, the tax period, and my EIN. The payment posted correctly within a few business days, and I received confirmation that it was applied to the right penalty. Much easier than the hours I spent on hold with the IRS!
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Austin Leonard
•This is really helpful advice! I'm dealing with a similar CP128 situation right now. When you called the EFTPS helpline, did they ask you to read them specific information from your notice, or were they able to help just based on you mentioning it was a CP128? I want to make sure I have everything ready before I call.
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