IRS CP 162 penalty after filing LLC 1065 on time with extension - how to get late filing penalties abated?
I'm so frustrated right now. I did everything by the book with my LLC taxes this year but somehow still got hit with late filing penalties! Here's what happened - I mailed in my extension for Form 1065 back in March, well before the original deadline. Then I filed the actual 1065 in September, which was still before the extended due date. But today I got this CP 162 notice from the IRS saying I filed late and they're charging me late filing penalties! I didn't send the extension via registered mail (big mistake, I know now), so I don't have proof they received it. But I KNOW I sent it in on time. Has anyone dealt with this before? How can I request to get this penalty abated when I don't have proof? I seriously did not file late and had all the right extensions. This is my first year with an LLC and I'm already dealing with this garbage. Any advice would be really appreciated!
18 comments


Lourdes Fox
This happens more often than you'd think. The IRS sometimes doesn't record extensions properly, especially paper-filed ones. You can absolutely request penalty abatement, and you have a good case since you did follow the rules. Your best approach is to write a penalty abatement letter referencing "reasonable cause." Explain exactly what you did - sent the extension in March, then filed the 1065 in September before the extended deadline. Be specific about dates. Even without registered mail proof, the fact that you filed your actual return before the extended deadline is evidence that you believed you had a valid extension. Also, if this is your first time encountering this issue, you can request what's called "First-Time Penalty Abatement" which the IRS often grants to taxpayers with previous good compliance history.
0 coins
Bruno Simmons
•What's the success rate on these abatement requests when you don't have proof of mailing the extension? I'm in a similar situation but worried they'll just automatically deny it.
0 coins
Lourdes Fox
•The success rate is actually pretty good for first-time penalty abatement requests, even without proof of mailing. The IRS looks at your previous compliance history - if you've filed and paid on time for the past 3 years, they're generally willing to give you the benefit of the doubt. When writing your letter, be sure to emphasize your good faith efforts to comply with the tax law. Include any supporting documentation you do have, like a copy of the extension form you sent and the timely filed 1065. Sometimes just showing you filed before the extended deadline is enough for them to realize you must have filed an extension.
0 coins
Aileen Rodriguez
I was in this exact same situation last year! After trying to call the IRS like 20 times and spending hours on hold, I finally found taxr.ai (https://taxr.ai) which was a lifesaver. It analyzed my CP 162 notice and helped me draft a perfect penalty abatement letter. Their system knows exactly what language to use for different IRS penalty situations. I really wish I had known about it sooner because my first attempt at writing an abatement letter myself was denied. The taxr.ai tool helped me emphasize specific reasonable cause factors that the IRS actually accepts. They also explained exactly what supporting documents to include with my letter.
0 coins
Zane Gray
•How long did it take to get a response after you sent in the abatement letter created through taxr.ai? I'm considering trying it but wondering about the timeline.
0 coins
Maggie Martinez
•Did you have to provide proof that you filed your extension on time? I'm skeptical any tool can help if the IRS doesn't have record of receiving your extension.
0 coins
Aileen Rodriguez
•It took about 4-5 weeks to get a response after sending in the letter. The timeline can vary though, and taxr.ai gave me a realistic expectation of how long it might take. They actually recommended following up if I didn't hear anything within 6 weeks. No, that's what was amazing - I didn't have proof I filed my extension on time either! The tool helped me structure my reasonable cause argument around my previous compliance history and the fact that I filed before the extended deadline. It basically constructed an argument that it wouldn't make sense for me to file before the extended deadline if I didn't believe I had a valid extension in place.
0 coins
Zane Gray
Just wanted to update everyone - I decided to try taxr.ai after seeing the recommendation here and wow, it worked! I was skeptical at first since my situation seemed so hopeless without proof of my extension. The system analyzed my specific CP 162 notice and created a really detailed abatement letter. It emphasized my "reasonable cause" and clean compliance history. The best part was it explained exactly what supporting documentation I should include with the letter. Got a letter back from the IRS yesterday saying my penalty was fully abated! Such a relief not having to pay that $2,670 penalty. The system's guidance on how to follow up was also super helpful. Definitely recommend for anyone dealing with unfair IRS penalties.
0 coins
Alejandro Castro
After dealing with a similar penalty situation, I tried calling the IRS directly like 15 times but couldn't get through. Someone recommended Claimyr (https://claimyr.com) to me and it actually got me connected to a real IRS agent in about 20 minutes! There's even a video showing how it works: https://youtu.be/_kiP6q8DX5c The agent was able to look up my account and confirm they had no record of my extension, but then helped me understand exactly what documentation I needed to submit with my penalty abatement request. She even put notes in my account about our conversation which apparently helps when they process the abatement request. What I learned is that talking to an actual agent before submitting your request can make a huge difference in getting penalties removed.
0 coins
Monique Byrd
•How does Claimyr actually work? Seems fishy that they can get you through when nobody else can get past the IRS phone system.
0 coins
Maggie Martinez
•This sounds like a scam. If it were that easy to reach the IRS, everyone would be doing it. Plus, I doubt an agent would actually add notes to help with a penalty abatement.
0 coins
Alejandro Castro
•Claimyr uses an automated calling system that navigates the IRS phone tree and waits on hold for you. When they reach a human, you get a call back to connect with the agent. It's not magic, just technology that does the waiting for you instead of you having to sit there for hours. The IRS agents absolutely do add notes to accounts! The agent explained that while they can't make the decision on the penalty abatement themselves, they can document the call and verify what information was discussed. This helps provide context when your written request is reviewed. I was surprised too, but it's legitimately how their system works.
0 coins
Maggie Martinez
I have to eat my words. After being totally skeptical about Claimyr, I tried it as a last resort before hiring a tax professional. I'm still shocked that it actually worked! I got connected to an IRS representative in about 35 minutes (without me having to sit on hold). The agent was surprisingly helpful and looked up my account to see if they had any record of my extension. They didn't, but the agent explained exactly what I needed to include in my penalty abatement request and even gave me a specific fax number to send it to for faster processing. She mentioned that for first-time penalty abatement requests, they often approve them even without proof if you have a good compliance history. Just submitted my request yesterday following her instructions, so fingers crossed!
0 coins
Jackie Martinez
One thing nobody has mentioned yet - the IRS has a program called "First Time Abatement" (FTA) that might help you. If you haven't had any penalties in the past 3 tax years, you can qualify even without proving you filed the extension. When you write your letter, specifically request consideration under the First Time Abatement policy. Include language like "I request abatement of penalties under the First Time Abatement administrative waiver, as I have not had any penalties assessed in the prior 3 years." I'm a bookkeeper and have helped several clients get penalties removed this way even when they couldn't prove they'd filed extensions on time.
0 coins
Lia Quinn
•Does FTA work for all types of penalties? Like would it work for this specific CP 162 notice for partnership returns?
0 coins
Jackie Martinez
•Yes, the First Time Abatement policy applies to the failure-to-file and failure-to-pay penalties for Form 1065 (partnerships), which is what CP 162 notices typically address. The FTA is available for most common penalties including these partnership return penalties. The key qualification is having a clean compliance history for the three years prior - meaning you filed all required returns and paid (or arranged to pay) all tax due. If your LLC is newer than three years, they'll look at your personal tax compliance history as the partner/member.
0 coins
Haley Stokes
Lesson learned - ALWAYS use certified mail with return receipt for anything important you send to the IRS! I've been doing this for years and it's saved me multiple times. For requesting abatement, include a detailed timeline of exactly what you did and when. Be very specific about dates. The more detailed your explanation, the better your chances.
0 coins
Asher Levin
•Better yet, e-file everything possible! I haven't mailed anything to the IRS in years. Extensions can be e-filed too, even for partnerships.
0 coins