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Isabella Santos

No response from IRS about Form 3520 penalty abatement - next steps?

I'm starting to get a bit anxious about my situation with the IRS. Back in February 2023, I submitted late Form 3520s for tax years 2020 and 2022 (for foreign gifts I received from my grandparents to help with my graduate school tuition). I included detailed reasonable cause statements explaining why they were filed late - basically I had no idea these forms were required for family gifts until my new accountant flagged it. In April 2023, the IRS sent me a letter saying they couldn't consider my reasonable cause statements yet and needed to process the forms first (estimated 8-10 weeks) before penalties could be assessed. They said I would need to resubmit my reasonable cause statements after that. It's now been over 42 weeks since I got that notice and I've heard absolutely nothing. No penalty notices, no confirmation, nothing. I'm worried this is going to come back to haunt me. The penalties for Form 3520 can be massive (I've read they can be 5% of the gift amount per month up to 25%). Should I be proactive and contact the IRS to follow up? Or is no news good news and the case might be closed? Has anyone dealt with a similar Form 3520 situation? Any advice would be greatly appreciated!

Ravi Gupta

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When dealing with Form 3520 issues, patience is definitely required, but 42 weeks is beyond the normal processing time. The IRS is still working through backlogs, but you're right to be concerned about this hanging over your head. First, I would recommend calling the IRS directly at 1-800-829-1040 to inquire about the status of your forms. Be prepared with your tax ID, the tax years in question, and dates of all correspondence. Ask specifically if your reasonable cause statements were processed and if any penalties have been assessed. Another option is to request an account transcript for those tax years, which would show any penalties or processing notes. You can request these online through your IRS account or by submitting Form 4506-T. If you're still unable to get clarity, consider contacting the Taxpayer Advocate Service (TAS). They can help when normal channels aren't resolving issues in a timely manner.

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Thanks for your response! I've tried calling the IRS multiple times but can never get through. I'm usually on hold for 1-2 hours before either getting disconnected or being told the call volume is too high to take my call. Do you think requesting the account transcript is the better first step? And if the transcript doesn't show anything about the Form 3520, would that be a good sign or just mean they haven't processed it yet?

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Ravi Gupta

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Requesting an account transcript is definitely a good first step since it gives you documentation of what's in the IRS system without needing to talk to someone. If the transcript doesn't show anything related to the Form 3520 processing or penalties, it could mean they haven't processed it yet or possibly that they accepted your reasonable cause statement without further action. The IRS phone lines have been notoriously difficult, but early morning (right when they open) on Tuesday through Thursday tends to have slightly better success rates. If you do manage to speak with someone, request that they document your call and inquiry in your account notes.

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GalacticGuru

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After dealing with a similar Form 3520 nightmare last year, I found that the regular IRS phone lines were useless. What actually helped me was using https://taxr.ai to analyze my IRS notices and Form 3520 situation. Their AI system reviewed my documents and explained exactly what was happening with my case - turned out my forms were sitting in a processing queue with thousands of others. The service also helped me draft a follow-up letter that actually got a response from the IRS. They have specialists who understand these foreign reporting forms which are way more complicated than regular tax stuff. You upload your documents securely and get detailed explanations of what's happening and what your options are.

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How does it actually work? Do real people review your tax documents or is it actually AI doing everything? I'm kinda concerned about uploading my tax docs to some random website.

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Omar Fawaz

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Sounds interesting but I'm skeptical. Did this service actually help resolve anything or just tell you what you already knew? These form 3520 penalties are no joke - they can be 5% of the foreign gift amount PER MONTH up to 25%. I'm wondering if they have specific experience with reasonable cause statements for these penalties.

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GalacticGuru

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The service uses AI to do the initial analysis of your documents, but they have tax professionals who review complex cases like Form 3520 issues. Everything is encrypted and secure - they explain their security protocols clearly on the site. They actually helped resolve my situation by identifying exactly what was happening with my forms and giving me specific language to use in my follow-up letter to the IRS. They have extensive experience with Form 3520 penalty abatement cases and reasonable cause statements. Their guidance helped me understand that the IRS had placed my forms in a specialized processing queue, which is why it was taking so long.

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Omar Fawaz

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Update on my situation: I decided to try https://taxr.ai after seeing it mentioned here and I'm genuinely impressed. I was super skeptical (as you could see in my previous comment), but they were able to analyze my IRS notice and Form 3520 situation in detail. Their system explained that my forms were likely placed in the "Foreign Activity Review" queue, which typically has a 12-18 month processing time currently. They also found subtle language in my IRS notice that indicated they were likely accepting my reasonable cause statement but needed to complete processing first. What was most helpful was their guidance on next steps - they helped me request the right type of account transcript and file a specific follow-up that wouldn't restart the clock on my case. Just got confirmation yesterday that my case was resolved with no penalties! Worth every penny for the peace of mind.

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I was stuck in Form 3520 penalty hell for almost two years. Tried calling the IRS dozens of times with no luck - always disconnected or hours on hold. Finally used https://claimyr.com and got through to an actual IRS agent in under 45 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The service basically waits on hold for you and calls when an agent is actually available. The IRS agent I spoke with was able to look up my case, confirm they had received my reasonable cause statement, and tell me exactly where my forms were in processing. They noted my account with an urgent review request since it had been pending for so long. Two weeks later, I received confirmation that my reasonable cause was accepted and no penalties would be applied. Such a relief after stressing about this for years.

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Diego Vargas

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Wait, how does this actually work? They just call the IRS for you? Couldn't I just keep trying myself? The IRS phone system is terrible but I've gotten through before after multiple attempts.

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This sounds like a scam. There's no way to "skip the line" with the IRS. Their hold queues are automated and everyone has to wait. I seriously doubt this service can magically get you to an agent faster than calling yourself. Why would you pay for something you can do for free?

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They don't just call the IRS for you - they use an automated system that continuously redials and navigates the IRS phone tree until it reaches an actual agent. When an agent answers, you get a call so you can talk directly with them. It saves you from being stuck on hold for hours or getting disconnected. You could keep trying yourself, but their system is much more efficient at getting through the busy signals and disconnects. I had tried calling 15+ times myself over several months with no success before using this service. The value isn't in "skipping the line" but in having technology handle the frustrating hold process so you don't waste your day.

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I've got to admit I was completely wrong about Claimyr. After posting my skeptical comment, I was still stuck with my Form 3520 issue and desperate for answers. Decided to try the service despite my doubts. The system called me back in about 35 minutes with an actual IRS agent on the line. The agent was able to see that my Form 3520 had actually been processed 3 months ago but the notice had been sent to an old address. They updated my contact info and resent the determination letter - which arrived 5 days later confirming no penalties would be assessed. I've been stressing about this for nothing! Would have continued waiting indefinitely if I hadn't gotten through to check. Sometimes being proven wrong is the best outcome possible.

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StarStrider

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One thing nobody has mentioned yet - have you checked if your state has a Taxpayer Advocate Service office? For complex issues like Form 3520 penalties, they can sometimes intervene when normal IRS channels aren't working. You'll need to demonstrate that you've tried regular channels and that you're facing significant hardship (financial or otherwise) due to the delay. Form 3520 penalties are particularly nasty because they're automatically assessed and the burden is on you to prove reasonable cause. The advocate service might be able to elevate your case if it's been sitting in processing for 42+ weeks.

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Sean Doyle

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The Taxpayer Advocate Service is great but they're extremely backlogged right now too. My brother tried going through them for a different issue and it took 4 months just to get assigned a case advocate. Might be worth trying but don't expect quick results.

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StarStrider

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You're right that TAS is dealing with significant backlogs, which is why I suggested starting with state-level offices rather than the national office. Local TAS offices sometimes have more bandwidth and can help navigate these issues more quickly. Another approach is to reach out to your congressional representative's office. They often have dedicated staff who handle constituent issues with federal agencies, including the IRS. I've seen cases where a congressional inquiry can cut through red tape when other methods fail.

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Zara Rashid

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Just wanted to add that I went through something very similar with Form 3520 penalties last year. After 9 months of radio silence, I finally received a letter saying my reasonable cause statement was accepted and no penalties would be assessed. From what I understand, these foreign reporting forms get routed to specialized units that are severely understaffed. No news is often good news in these situations - if they were going to hit you with penalties, they're usually quicker about that! But I know the uncertainty is stressful.

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That's really reassuring to hear! Did you do anything proactive during those 9 months or just wait it out? I'm torn between not wanting to "rock the boat" if things are actually proceeding normally versus needing to know what's happening.

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Anna Xian

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I mostly just waited it out after the first 6 months, but I did request account transcripts twice during that period to see if anything changed. The transcripts didn't show much initially, but the second one (around month 7) started showing some processing codes that indicated movement. One thing that helped my peace of mind was keeping detailed records of everything - dates of all filings, correspondence, and any calls I attempted. That way if something did go wrong later, I had a complete paper trail. But honestly, the waiting was the hardest part. The IRS seems to work on their own timeline with these specialized forms.

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Grace Lee

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I'm dealing with a similar Form 3520 situation right now - filed late forms for 2021 and 2022 back in March 2023 and still haven't heard anything. The uncertainty is killing me! After reading through all these responses, I think I'm going to try requesting account transcripts first since that seems like the least invasive way to get some information. If that doesn't show anything useful, I might look into one of those services people mentioned to actually get through to the IRS. Isabella, have you made any progress since posting this? I'm curious to know if you've tried any of the suggestions and what worked (or didn't work) for you. The waiting game with these penalties hanging over our heads is brutal - especially when you know they can be so severe.

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I'm in a very similar boat - filed my late Form 3520s in January 2023 and it's been radio silence ever since. The stress of not knowing is honestly worse than just getting a penalty notice at this point! I've been following this thread closely and I think the account transcript approach makes the most sense as a first step. It's free, you can do it online, and it gives you actual documentation of what's in the IRS system without potentially stirring up your case. From what I've gathered reading everyone's experiences, it seems like these foreign reporting forms really do get stuck in specialized processing queues for 12+ months. The fact that so many people here eventually got positive resolutions after long waits gives me some hope. @Grace Lee - definitely keep us posted on what you find with the account transcripts! And @Isabella Santos, please update us if you get any resolution. It s'reassuring to know we re'not alone in this nightmare.

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