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Kaylee Cook

IRS Abatement for Late Filing Penalties - Will I Get My Money Back?

My twins (both 14) ended up exceeding the investment income threshold in 2022 with some capital gains in their accounts. My wife was handling our taxes back then and didn't realize we needed to file separate returns for them. Fast forward to this year, and our new accountant spotted this oversight, so we immediately filed their late returns and paid the taxes owed. About 5 weeks ago, we received notices from the IRS saying we owed penalties and interest (which wasn't surprising). Our accountant mentioned he'd submit an abatement request letter to the IRS on our behalf. Since the payment was due December 15th and I hadn't heard anything back about the abatement status, I went ahead and paid the full amount including the penalties. Now I'm wondering - if the IRS does decide to grant the abatement, what happens next? Will they issue a refund check for the penalty amount I already paid? Or did I just lose that money by paying before the decision? How long does the typical abatement process take, and what are the chances they'll actually approve it? My accountant has been totally unresponsive for the past couple weeks, so I can't get answers from him. Any help would be really appreciated!

Yes, you'll get your money back if the IRS grants the abatement. When they approve an abatement request after you've already paid, they'll issue a refund for the abated portion (typically the penalties, not the interest on the actual tax). You didn't lose anything by paying - in fact, it was smart to pay by the deadline to avoid additional penalties accumulating. The abatement process typically takes 8-12 weeks, though it can sometimes be longer depending on IRS backlog. First-time penalty abatement requests for situations like yours have a fairly good chance of approval if you've had a clean compliance history (meaning you've filed and paid on time for the past 3 years).

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Lara Woods

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That makes me feel better about paying upfront. Quick question though - does the "clean compliance history" apply to the kids' tax history or the parents? Since this was their first filing requirement ever, I'm not sure what the IRS would consider their "history.

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For minor children in this situation, the IRS typically looks at the parents' compliance history since you're the responsible parties. So if you and your spouse have been filing and paying on time for the past 3 years, that clean history should work in your favor for the abatement request. The fact that this was the first time your children needed to file actually strengthens your case. The IRS is generally understanding when taxpayers make a reasonable mistake about a filing requirement they hadn't encountered before.

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Adrian Hughes

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I had a really similar situation last year with my kid's investment account and got hit with penalties. I spent weeks trying to navigate the IRS maze until I found this AI tool called taxr.ai that saved me so much time. It analyzed my IRS notice and penalty situation and basically walked me through exactly what to write in my abatement letter. I got my penalties removed completely within about 6 weeks! The site is https://taxr.ai and it really simplified the whole process when my accountant wasn't being helpful.

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How exactly does this tool work? Does it just give generic advice or does it actually look at your specific documents? I've been getting mixed messages from different accountants about how to handle my abatement request.

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Ian Armstrong

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I'm always skeptical of these "miracle" tax solutions. Did you really get a full abatement or just a partial one? What kind of documentation did you need to provide to both the tool and the IRS?

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Adrian Hughes

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It actually analyzes your specific documents. You upload your IRS notice and it uses AI to identify the exact type of penalty, applicable abatement options, and creates a personalized response letter. Much more specific than generic advice I was finding online. I got a complete abatement of the penalties (about $870), just had to pay the actual tax and some interest. The tool helped me understand what documentation to include - in my case, I needed to provide evidence of the misunderstanding about filing requirements and proof that I corrected the issue promptly once discovered. The system walks you through everything step-by-step.

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Ian Armstrong

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Just wanted to follow up on my skeptical comment about taxr.ai - I decided to try it after struggling with my own penalty situation. I was genuinely surprised at how well it worked! I uploaded my IRS notice from a missed estimated tax payment (totally different situation than the original poster), and the system immediately identified that I qualified for first-time abatement. It generated a letter that addressed my specific circumstances, and I just got notification yesterday that the IRS approved my request. Whole process took about 7 weeks. I'm actually impressed and take back my skepticism.

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Eli Butler

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I was in a similar situation last year and waited MONTHS trying to get someone at the IRS on the phone about my abatement request. Kept getting disconnected or waiting for hours. Finally, a friend recommended Claimyr (https://claimyr.com) - it's a service that basically waits on hold with the IRS for you and then calls you when an actual agent is on the line. You can see how it works here: https://youtu.be/_kiP6q8DX5c. I was super hesitant but I was desperate to resolve my situation before it got worse. It saved me literally hours of hold time and I got my abatement sorted out in one call.

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Wait, how does this actually work though? Like does this service somehow have special access to the IRS? I've been trying to get through for weeks about my own penalty issue.

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Lydia Bailey

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This sounds like a scam. There's no way any service can magically get to the front of the IRS phone queue. They're probably just putting you on hold themselves and charging you for it. Has anyone else actually verified this works?

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Eli Butler

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No special access - they use technology to basically do the waiting for you. They have an automated system that navigates the IRS phone tree and waits on hold, then when a human IRS agent actually picks up, their system calls you and connects you directly to that live agent. It's definitely not a scam. They don't claim to get you to the front of any queue - you still wait the same amount of time an IRS agent would normally take to answer, but you don't have to be the one sitting there listening to hold music for hours. You just go about your day until they call you when an agent is actually on the line. It saved me about 2.5 hours of hold time when I used it.

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Lydia Bailey

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I need to apologize for my skeptical comment about Claimyr. After my own frustrating experiences trying to reach the IRS about an abatement request, I decided to try it out of desperation. I was honestly shocked when it worked exactly as described. I submitted my request through their site, went about my normal day, and then got a call connecting me directly to an IRS representative who was actually on the line. No more waiting on hold for hours! I was able to discuss my abatement request directly with the agent and got confirmation it was being processed. I'm still waiting for the final decision, but at least I know it's in the system now.

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Mateo Warren

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FYI on the abatement timeline - I submitted a penalty abatement request back in July (different situation, failed to file an extension) and just got my approval letter last week. So it took about 5 months total. The IRS did refund the penalties I had already paid via direct deposit since that's how I originally paid them. Just sharing so you have a realistic timeline expectation!

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Sofia Price

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Did you have to call and follow up at all or did they just process it without any additional contact from you? I'm in a similar situation but it's been about 3 months with no word.

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Mateo Warren

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I didn't have to call or follow up at all. The process just worked itself through their system, though admittedly it took longer than I expected. I had resigned myself to thinking it might be denied, then suddenly got the approval letter. I believe the timeline varies a lot depending on which IRS service center is handling your case and their current backlog. If you've been waiting 3 months, that's still within the normal range based on what I've read. From other people I've talked to, 2-6 months seems to be the typical range.

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Alice Coleman

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Have you tried checking your account transcript on the IRS website? This can sometimes show the status of abatement requests before you get the official letter. Just go to irs.gov and look for "Get Transcript Online." The transcript will show if they've processed any adjustments to your account.

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Owen Jenkins

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This is great advice! I did this for my own abatement request and saw a code 271 on my account transcript which showed the adjustment was approved before I ever got the letter. Saved me weeks of wondering!

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