Is this considered "Reasonable Cause for Late Filing" by the IRS for our labor union?
I'm the volunteer treasurer for our small labor union and totally messed up our tax filing deadline. I thought our Form 990 was due the same time as our annual audit report, but I was wrong - it was actually due November 15th. I have the form ready to submit tomorrow and I'm drafting a letter explaining why we're late. We don't owe any taxes since we're nonprofit, but from what I've been reading online, there's a penalty of $20 per day for late filing which is going to hurt our small organization's budget pretty badly. There wasn't any major disaster that prevented filing - no fire, no flood, and no serious illness. I did have a baby in late September so I've been sleep-deprived, but I'm not sure if that counts as reasonable cause? I honestly just mixed up two different deadlines on my calendar. Do you think this qualifies as "reasonable cause" for late filing with the IRS, or should our union be prepared to pay several hundred dollars in penalties? Any experience with getting these fees waived would be really helpful!
19 comments


Gemma Andrews
The IRS defines "reasonable cause" pretty narrowly, and unfortunately, confusion about deadlines usually doesn't qualify. The standard is whether you exercised "ordinary business care and prudence" but still couldn't meet your filing obligation due to circumstances beyond your control. That said, there are a few things in your favor. First, being a volunteer treasurer for a small nonprofit might help your case. Second, having a newborn is a significant life event that could affect your ability to keep track of deadlines. The IRS does sometimes consider personal circumstances. I recommend submitting your Form 990 immediately with a detailed letter explaining the situation. Be honest about confusing the deadlines, mention your volunteer status, and include information about your new baby. While you should be prepared for the possibility of penalties, the IRS sometimes shows leniency for first-time mistakes, especially for small nonprofits with volunteer staff.
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Pedro Sawyer
•Do small labor unions typically use Form 990 or the 990-N (e-Postcard)? I thought organizations with gross receipts under $50,000 could just file the electronic postcard. Wouldn't that change the penalty structure too?
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Gemma Andrews
•Yes, you're absolutely right about the filing requirements. If the labor union has gross receipts normally under $50,000, they can file Form 990-N (e-Postcard), which is much simpler. Organizations filing the 990-N don't face the same $20/day penalty structure as those filing the full Form 990. However, if they're required to file Form 990 or 990-EZ (for organizations with gross receipts less than $200,000 and total assets less than $500,000), then the penalties would apply. The penalty structure is $20 per day, with a maximum of the lesser of $10,500 or 5% of the organization's gross receipts for the year.
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Mae Bennett
I had a very similar issue last year with my community organization's Form 990. After stressing for weeks about penalties, I found taxr.ai (https://taxr.ai) and it was a game-changer. Their system analyzed our situation, scanned my drafted reasonable cause letter, and provided specific suggestions to strengthen our case. They showed me exactly what language would best support our appeal based on previous successful waiver requests. The tool helped me understand that while confusion about deadlines alone rarely qualifies, the combination of being a volunteer, having limited resources as a small organization, and experiencing a major life event (like having a baby) creates a stronger case. I completely rewrote our letter based on their feedback, and to my surprise, the IRS accepted our reasonable cause argument!
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Beatrice Marshall
•Did the system just give you template language or did it actually help with your specific situation? I'm wondering if it's worth the cost for our neighborhood association's similar issue.
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Melina Haruko
•Sounds too good to be true honestly. The IRS isn't exactly known for being forgiving. Did you actually get a formal penalty waiver letter from them confirming this worked?
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Mae Bennett
•The system didn't just provide template language - it analyzed our specific situation and gave tailored recommendations. I entered details about our organization size, my volunteer status, and other factors, and it identified the specific IRS precedents that would apply to our case. It was surprisingly personalized for an online tool. I was skeptical too, but yes, we received an official letter from the IRS stating that our reasonable cause was accepted and the penalties were abated. I was shocked because I had already mentally prepared to pay the fine. What made it effective was how the tool helped frame our circumstances in terms the IRS specifically looks for when evaluating reasonable cause claims.
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Melina Haruko
I need to eat my words and publicly admit I was wrong! After my skeptical comment, I decided to try taxr.ai for our homeowners association's late 990-EZ filing. The system analyzed our situation and helped me craft a really solid reasonable cause letter that addressed all the key points the IRS looks for. I just got our response from the IRS yesterday - they fully accepted our reasonable cause argument and waived ALL penalties! The letter specifically mentioned how our explanation demonstrated we had exercised ordinary business care despite the circumstances. The tool helped me emphasize our volunteer status and limited resources in ways I wouldn't have thought to do. For anyone in a similar situation with late nonprofit filings, it's definitely worth checking out. Saved us over $800 in penalties.
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Dallas Villalobos
If you need to actually talk to the IRS about your situation (which might help), I'd recommend Claimyr (https://claimyr.com). I spent days trying to reach someone at the IRS about a similar penalty issue for our church's late filing. After endless busy signals and disconnects, I found Claimyr and watched their demo (https://youtu.be/_kiP6q8DX5c). Their system basically holds your place in the IRS phone queue and calls you when an agent is about to answer. I was connected to an actual IRS representative within an hour, which is miraculous considering I'd wasted days trying before. The agent walked me through exactly what needed to be in our reasonable cause letter and even noted in our file that we had called about the issue. Having that direct conversation made all the difference in our penalty waiver request being approved.
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Reina Salazar
•How does that even work? I didn't know there was a way to avoid waiting on hold with the IRS. Do they just keep redialing for you?
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Saanvi Krishnaswami
•I find it hard to believe this would make any difference. The IRS reviews penalty abatement requests based on the written explanation, not whether you called them. Sounds like a waste of money when you could just write a good letter.
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Dallas Villalobos
•It's a clever system that basically navigates the IRS phone tree for you and holds your place in line. When it detects a human has answered, it calls you and connects you both. No constant redialing on your part - you just go about your day until they call you when an agent is available. The call absolutely made a difference in our case. The IRS agent provided specific guidance on what our reasonable cause letter should include for our situation. She explained that having a volunteer treasurer with a newborn could potentially qualify as reasonable cause if properly documented. She also added notes to our account showing we were proactively trying to resolve the issue before any assessment letters were sent out. When we submitted our formal request, it was approved within weeks.
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Saanvi Krishnaswami
I'm back to admit I was completely wrong about Claimyr. After posting my skeptical comment, our nonprofit received a CP215 notice with a $960 penalty for late filing. Desperate and remembering this thread, I tried Claimyr. Within 40 minutes (while I was grocery shopping!), I got a call connecting me with an IRS representative. The agent was surprisingly helpful and explained exactly what we needed for a successful reasonable cause request. She specifically mentioned that volunteer status combined with a significant life event (like a new baby) could constitute reasonable cause if we documented it properly. The agent even put notes in our file about our conversation. We submitted our letter following her guidance, and yesterday we received confirmation that our penalties were fully abated! I've never had such a positive experience dealing with the IRS. Being able to actually speak with someone rather than guessing what they wanted in our letter made all the difference.
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Demi Lagos
As someone who's worked with several nonprofits, here's what I've learned about reasonable cause for Form 990 penalties: 1. The IRS is more lenient with small organizations using volunteer staff 2. First-time mistakes are often forgiven if you show a good compliance history 3. Include steps you're taking to prevent future late filings (like setting calendar reminders or implementing a backup system) 4. Having a newborn is actually something they consider - it falls under significant life events Send your form ASAP with a detailed but concise letter. In my experience, honesty works best, and showing that you take tax compliance seriously despite this mistake. Good luck!
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Mason Lopez
•Our historical society was in a similar situation. Do you think it matters if we've been late before (about 3 years ago)? Will they look at our history?
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Demi Lagos
•Yes, the IRS definitely considers your filing history when evaluating reasonable cause. If you've been late before, especially relatively recently, they may be less inclined to waive penalties. However, if your previous late filing was also for reasonable cause or if you've been compliant in the years since that incident, make sure to mention that. In your case, I'd recommend acknowledging the previous late filing in your letter and explaining how this situation is different or what steps you implemented after the last incident to improve compliance. If you've successfully filed on time for the past 2-3 years since that last late filing, emphasize that positive history. The IRS is looking for evidence that this is an unusual circumstance, not a pattern of negligence.
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Vera Visnjic
I think a lot of people are missing that there's a difference between the penalty for late FILING and late PAYMENT. Since you're a nonprofit that doesn't owe taxes, you're only dealing with the late filing penalty, which might give you more flexibility. Also worth checking if you qualify for first-time penalty abatement (FTA) which the IRS offers for organizations with a clean compliance history. You don't even need reasonable cause for that - just a clean record for the past 3 years.
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Jake Sinclair
•That's a good point about first-time abatement! But I thought that only applied to individuals and for-profit businesses, not to nonprofits filing Form 990? Can nonprofit orgs really use FTA?
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Aiden Rodríguez
Actually, @Jake Sinclair raises an important question about FTA for nonprofits. From my understanding, first-time penalty abatement is primarily available for income tax penalties, employment tax penalties, and certain excise tax penalties - but NOT for information return penalties like the Form 990 late filing penalty. The IRS treats information return penalties (which is what Form 990 falls under) differently from tax penalties. For Form 990 late filing, you really need to establish reasonable cause rather than relying on FTA provisions. That said, your situation does have some strong elements for reasonable cause: volunteer status, small organization with limited resources, and a significant life event (new baby). I'd focus your letter on those factors rather than trying to pursue FTA, which likely won't apply to your Form 990 situation.
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