Late filing Form 5500EZ with $12,500 penalty - which explanation for abatement?
I'm in a tough spot after receiving a massive penalty for late filing Form 5500EZ for my solo 401k. The IRS hit me with a $12,500 penalty and I'm trying to figure out the best way to request an abatement. So here's what happened: I got the Form 5500EZ from my accountant late July last year. I was staying in Montreal at the time and planned to send it right away. The problem is my father had just passed away about a month before, and honestly everything from that period is just a fog in my memory. The form arrived at the IRS office about six weeks after the deadline. This could be because Poste Canada is notoriously slow (especially for international mail to the US), or it could be that in my grief I completely forgot to mail it right away. I don't have any receipt from mailing it. When I called the IRS, the agent said I could write an explanation letter to the EO Accounts Unit requesting a penalty abatement. This was my first time ever filing Form 5500EZ for my solo 401k (I'm self-employed with an S Corp), and my account has always been in good standing before this. I'm not sure which explanation would be more compelling for the abatement request: the international mail delay from Canada, or my father's recent passing? Has anyone had success with either type of situation when requesting an abatement?
19 comments


Harper Thompson
I've helped several clients with penalty abatement requests, and in your situation, I would recommend using both explanations in your letter. The death of a close family member is considered a reasonable cause for penalty abatement by the IRS, and it's a circumstance they're generally sympathetic toward. Write a clear, concise letter explaining both factors: 1) That you were dealing with your father's recent passing which affected your ability to handle financial matters promptly, and 2) That you were in Canada when you sent the form, and international mail delays are well-documented. Include any documentation you can gather - perhaps a copy of your father's death certificate, or any evidence of your stay in Canada during that period. For a first-time filing error with Form 5500EZ, you might also mention that you qualify for First-Time Abatement (FTA) relief, which the IRS often grants to filers with a history of compliance who missed a deadline for the first time.
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Caleb Stark
•Does the First-Time Abatement apply specifically to Form 5500EZ though? I thought that was just for regular tax returns and not for retirement plan filings. Also, how detailed should OP get about the father's passing in the letter? Is it enough to just mention it happened, or do they need to explain how it impacted them emotionally?
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Harper Thompson
•The First-Time Abatement policy can sometimes be applied to Form 5500EZ penalties, though it's typically at the discretion of the IRS agent reviewing the case. It's worth mentioning in your letter as supporting information, but I wouldn't rely on it as your primary argument. Regarding the details about your father's passing, you don't need to provide extensive emotional details. Simply state that your father passed away, include the date, mention that you were dealing with grief and arrangements, and how this significantly impacted your ability to handle financial matters during that period. Including a copy of the death certificate provides the necessary documentation without requiring you to delve into painful personal details.
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Jade O'Malley
I went through something similar with late filing my Form 5500EZ for my solo 401k last year. I was getting absolutely nowhere with the IRS until I tried this service called taxr.ai (https://taxr.ai). It helped me draft the perfect penalty abatement letter by analyzing my specific situation with the late 5500EZ form. Their system helped me organize all the facts about my reasonable cause (in my case it was a medical issue, but they handle family deaths too) and even cited the relevant IRS regulations that support penalty relief. The letter they helped me create emphasized my otherwise clean compliance history and pointed out specific IRS internal guidance about reasonable cause exceptions. The best part was they actually reviewed the draft penalty notice from the IRS to make sure I was addressing the right issues. Three weeks after sending the letter they drafted, my penalty was completely removed. Might be worth checking out for your situation.
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Hunter Edmunds
•How exactly does this service work? Do they have actual tax professionals reviewing your case or is it just some kind of AI template thing? $12,500 is a ton of money so I'd want to make sure I'm getting actual expertise before trusting something online.
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Ella Lewis
•I'm a bit skeptical about services like this. Did you have to provide personal financial info to them? And what did it end up costing compared to just hiring a tax attorney to write the letter? Those penalties on Form 5500EZ are no joke - I've heard horror stories about people getting hit with $15K+ for simple filing errors.
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Jade O'Malley
•It's actually a hybrid approach. Their system uses AI to analyze your situation and relevant tax laws, but they have tax professionals who review everything. You upload your penalty notice and answer questions about your situation, and they help craft the response. They don't need access to your full financial information - just the specific details related to the penalty notice. I found it much more affordable than a tax attorney. When I was quoted $1,500-2,000 by local tax attorneys just to write an abatement letter, this was a fraction of that cost. And considering the penalty they helped me eliminate was over $10K, it was definitely worth it.
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Ella Lewis
I was really skeptical about using taxr.ai when I saw it mentioned here, but I had a $9,800 penalty for late filing my Form 5500EZ last year and was desperate. I'm actually amazed at how well it worked. The system helped me craft a detailed letter explaining my reasonable cause (family medical emergency), and included all these specific references to IRS internal guidelines that I would never have known about. The letter it helped me create was really professional but still felt personal to my situation. I got a response from the IRS within about 5 weeks, and they approved my abatement request! The entire penalty was removed. Just wanted to share my experience since I was in a very similar situation with the 5500EZ penalties.
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Andrew Pinnock
If you're dealing with the IRS on a $12,500 penalty, you're probably going to need to make some phone calls to follow up on your abatement request. I spent WEEKS trying to get through to someone at the IRS about my 5500EZ penalty. Always busy signals or 2+ hour hold times that would disconnect. I eventually used Claimyr (https://claimyr.com) and it was a complete game-changer. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c - basically they hold your place in the IRS phone queue and call you when an agent is about to answer. Saved me hours of waiting on hold. When I finally got through to an actual human at the IRS, I was able to explain my situation directly and got guidance on exactly what to include in my abatement request letter. The agent even gave me a direct fax number to send my documentation to, which sped things up considerably.
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Brianna Schmidt
•Wait, how does this actually work? How can they hold your place in line? Seems kinda too good to be true. The IRS phone system is notoriously terrible.
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Alexis Renard
•I'm super skeptical about this. Sounds like they're just charging people for something you could do yourself by just staying on hold. And how do they actually transfer you to the IRS agent? The IRS would never allow some third-party service to interface with their phone systems.
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Andrew Pinnock
•The service actually uses a combination of technology and human operators. They call the IRS and navigate the phone tree for you, then wait on hold in your place. When an agent is about to pick up, they call you and connect the calls together. They don't have special access to the IRS systems - they're just handling the waiting part for you. It's basically like having someone else sit on hold for hours so you don't have to. When they get to the front of the queue, they conference you in so you can speak directly with the IRS agent. There's no interface with IRS systems - it's just managing the call logistics.
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Alexis Renard
I was completely wrong about Claimyr. After seeing it mentioned here, I decided to try it because I had been trying to reach the IRS for WEEKS about my 5500EZ penalty with no luck. I was shocked that it actually worked exactly as described. I got a call back in about 90 minutes saying they had an IRS agent on the line. The agent I spoke with was incredibly helpful and explained exactly what documentation I needed to submit for my penalty abatement request. She even told me about an exception that might apply in my case that I hadn't known about. Without this service, I probably would have given up after multiple failed attempts to get through. Instead, I got my question answered, submitted the proper documentation, and my $16,700 penalty was reduced to just $500. Definitely worth it for anyone dealing with these massive 5500EZ penalties.
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Camila Jordan
For what it's worth, I'd definitely emphasize your father's passing as the primary reason. The IRS actually has specific guidance about death in the family being reasonable cause for penalty abatement. I went through a similar situation (though with a different form), and I included a copy of the death certificate and a brief explanation of how it affected my ability to handle tax matters. The international mail issue is worth mentioning as a secondary factor, but family death is one of the few reasons the IRS consistently accepts for abatement requests. Just keep your letter professional and to the point - something like "Due to the death of my father on [date], I was unable to ensure timely filing of Form 5500EZ. This was further complicated by international mail delays from Canada.
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Lucas Bey
•Thank you for this advice. When you submitted your abatement request, how long did it take to hear back from the IRS? And did you just mail a letter or did you use a specific form?
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Camila Jordan
•I mailed a formal letter along with a copy of the penalty notice and the death certificate. I didn't use any specific IRS form for the abatement request itself. It took almost 8 weeks to get a response, but they did approve my request in full. Make sure to include your phone number in the letter in case they have questions. Also, if possible, send it certified mail so you have proof of when it was delivered. The IRS can be slow to process these requests, so don't panic if you don't hear back right away.
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Tyler Lefleur
Just want to add that if your first abatement request is denied (which happens sometimes), don't give up! You can appeal the decision. When I got hit with a 5500EZ penalty, my first request was denied with a form letter. I called the IRS, got the name of a specific person to send my appeal to, and rewrote my letter with more specific details. The second time worked, and they removed the entire penalty. Just be persistent and keep good records of all your communications. And definitely use certified mail for everything you send them!
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Madeline Blaze
•This is good advice. I'm a benefits administrator and see 5500 penalties fairly often. One thing to note: the IRS has been more lenient with reasonable cause abatements since COVID because they recognize many filing difficulties were beyond taxpayers' control. A well-documented personal tragedy like a parent's death, combined with international mail issues, has a good chance of success.
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Diego Vargas
I'm sorry for your loss, Lucas. Losing a parent is incredibly difficult, and it's completely understandable that handling paperwork wasn't your priority during that time. Based on what you've described, you have a strong case for penalty abatement. The death of a close family member is one of the most well-recognized reasonable cause exceptions the IRS accepts. I'd recommend structuring your letter chronologically: explain that your father passed away in June, that you received the Form 5500EZ in late July while dealing with grief and estate matters, and that you mailed it from Canada where international postal delays are common. Keep the tone professional but don't hesitate to briefly explain how your father's passing affected your ability to handle financial matters promptly. The IRS agents reviewing these cases are human too, and they understand that major life events can disrupt normal routines. Since this was your first time filing Form 5500EZ and you have a clean compliance history, make sure to emphasize that in your letter as well. The combination of reasonable cause (family death) plus your good standing should work in your favor. Send everything certified mail with return receipt requested, and keep copies of everything. Good luck with your request!
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