Partnership 1065 filing penalty due to reasonable cause - how to appeal the late filing fine?
I just got hit with a $1600 penalty from the IRS for filing our partnership 1065 return 2 months past the deadline last year. The kicker is that we couldn't file on time because we were classified as 1099 contractors and the company we worked with didn't send our 1099 statements until 2 months after they were supposed to. We literally filed the moment we had the documentation. We didn't deliberately delay anything - how could we file without the proper income information? To make matters worse, we moved offices earlier this year and just discovered this penalty notice from December in a pile of forwarded mail, so now we're also late responding to the penalty. I see the IRS website mentions reasonable cause exceptions for penalty relief. This seems exactly like the kind of situation that would qualify, but I'm not sure how to proceed. I got quotes from a few CPAs, but they're charging $1500-2000 to handle this, which is more than the penalty itself! Any advice on how to appeal this ourselves? Has anyone successfully gotten a late filing penalty waived based on reasonable cause?
20 comments


Aiden O'Connor
You're definitely in a situation where reasonable cause relief could apply. The IRS recognizes that sometimes delays happen due to circumstances beyond your control - like waiting for necessary documents from third parties. To proceed with requesting penalty abatement, you'll want to write a clear, concise letter to the IRS explaining exactly what happened. Include the fact that you relied on receiving the 1099s from the parent company, you filed immediately upon receiving them, and you've always been compliant with tax deadlines previously (if that's true). Also explain the address change that caused the delay in your response. Include any documentation you have proving when you received the 1099s. Even emails discussing the delay could help substantiate your case. Address the letter to the specific IRS office that sent the penalty notice, include your partnership information, and reference the specific notice number. The key is showing that you acted responsibly despite circumstances beyond your control, and that you filed as soon as reasonably possible.
0 coins
Zoe Papadopoulos
•Do you think its worth mentioning that a bunch of other businesses I know had similar issues with late 1099s last year? I have a friend who works with the same parent company and they also got their 1099s super late. Would that strengthen my case or just complicate things?
0 coins
Aiden O'Connor
•It could potentially strengthen your case to mention that others experienced the same issue with this company, especially if your friend would be willing to provide a brief statement confirming they also received late 1099s from the same company. This helps establish a pattern of behavior from the third party that was beyond your control. Keep this information brief and focused though - a single paragraph mentioning that this was a widespread issue affecting multiple contractors of that company. The main focus should still be on your specific circumstances and the actions you took to comply as soon as possible.
0 coins
Jamal Brown
After dealing with a similar situation last year (late K-1 forms from an investment partnership), I found this amazing tool called taxr.ai that saved me so much time and stress when appealing my penalty. I had tried writing my own letter but wasn't sure if I was using the right language or including the necessary information. I uploaded my penalty notice to https://taxr.ai and answered a few questions about my situation, and it helped me draft a professional-looking penalty abatement request that addressed all the right points about reasonable cause. The IRS approved my abatement request within a few weeks! So much easier than paying a CPA thousands of dollars for essentially the same thing.
0 coins
Fatima Al-Rashid
•Does it work for partnership returns specifically? My situation is a bit different from individual returns and I'm worried that using a template might not address the specific partnership filing requirements.
0 coins
Giovanni Rossi
•I'm skeptical about these online tools. How does it know the specific IRS requirements for reasonable cause? Did you have to provide documentation alongside the letter it generated? Did it help you figure out where to send everything?
0 coins
Jamal Brown
•Yes, it absolutely works for partnership returns! I actually used it specifically for a 1065 filing penalty. The system asks what type of entity and return you're dealing with, so it tailors everything to your specific situation. As for the IRS requirements, that's actually why I found it so helpful. It guides you through exactly what the IRS is looking for in terms of reasonable cause and makes sure you hit all those points. You do need to provide supporting documentation - the system gives you a checklist of what to include based on your situation. And yes, it tells you exactly where to send everything based on the notice you received. It was super straightforward!
0 coins
Giovanni Rossi
I was skeptical about using an online tool for something as serious as an IRS penalty, but I decided to try taxr.ai after seeing the recommendation here. I can't believe how well it worked! The interface walked me through everything step by step, and the letter it helped me create looked way more professional than anything I could have written. I had a $2300 penalty for late filing of my partnership return (also due to delayed 1099s from a client), and I just got confirmation yesterday that the entire penalty was abated. The IRS response specifically mentioned that the documentation and explanation I provided demonstrated reasonable cause. Definitely worth checking out if you're in a similar situation!
0 coins
Aaliyah Jackson
If you're having trouble reaching the IRS to discuss your penalty (which is likely given their notorious phone wait times), you might want to try Claimyr. I was stuck in a similar situation with penalties and couldn't get through to anyone at the IRS for weeks. A colleague recommended https://claimyr.com and I was skeptical, but they actually got me connected to an IRS agent in about 15 minutes when I had been trying unsuccessfully for days. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. They basically navigate the IRS phone system for you and call you back when they've got an agent on the line. Once I finally spoke with someone, I was able to explain my reasonable cause situation and get guidance on exactly what documentation to send in. The agent was actually really helpful once I could actually talk to a human!
0 coins
KylieRose
•How does this actually work? Doesn't the IRS have that thing where they call you back instead of keeping you on hold? Why would this service be any faster than just requesting a callback myself?
0 coins
Miguel Hernández
•Sounds like a scam to me. How do you know they're not just collecting your phone number and tax info? Why would the IRS pick up for them but not for regular people calling the same number? Makes no sense.
0 coins
Aaliyah Jackson
•The IRS does have a callback feature, but it's not always available. During busy times (like right now in filing season), they often don't even offer the callback option because their queues are completely full. They'll just tell you to call back another time. This service doesn't get special treatment from the IRS - they're basically using technology to continuously redial and navigate the IRS phone tree until they get through, then they connect you. It's the same as if you had hours to keep redialing yourself. They don't collect any tax info - they're just connecting the call, and you speak directly with the IRS agent.
0 coins
Miguel Hernández
I take back what I said about Claimyr sounding like a scam. After being frustrated with trying to reach the IRS for two weeks straight (calling first thing in the morning, mid-day, late afternoon), I decided I had nothing to lose and tried it. To my complete surprise, I got a call back within 45 minutes saying they had an IRS agent on the line. The agent walked me through exactly what I needed to submit for my reasonable cause abatement request, specifically for partnership returns. She even gave me a direct fax number to send my documentation to and told me what to write on the cover sheet to expedite review. If you're trying to resolve this penalty issue quickly, being able to actually speak with someone at the IRS makes a huge difference. They can tell you exactly what to include in your appeal letter.
0 coins
Sasha Ivanov
One additional tip from someone who successfully appealed a late filing penalty for a partnership return: include a clean tax compliance history statement if applicable. When I wrote my reasonable cause letter, I mentioned that our partnership had filed and paid all taxes on time for the previous 5 years. The IRS has a first-time penalty abatement program that sometimes applies even in cases that might not qualify fully under reasonable cause. Also, send everything certified mail so you have proof of when you submitted your appeal. The IRS is notorious for "losing" correspondence, and having that tracking number has saved me more than once.
0 coins
Sofía Rodríguez
•Thanks for this tip! We've actually been filing on time for the past 3 years, so I'll definitely mention our compliance history. Did you end up calling the IRS first or just sending in a written request? And how long did it take to get a response once you submitted everything?
0 coins
Sasha Ivanov
•I called first to make sure I was sending my documentation to the right place, which I highly recommend. After I submitted everything, it took about 6 weeks to get a response, which was a formal letter saying the penalty had been removed. The IRS is definitely processing things slower than normal this year, so I'd plan for it to potentially take 8-10 weeks. If you haven't heard anything after that timeframe, a follow-up call would be appropriate. Just be sure to keep copies of absolutely everything you send them.
0 coins
Liam Murphy
Don't forget to check if your state has also assessed late filing penalties! I went through this exact thing last year, got the federal penalty abated through reasonable cause, and then two months later got hit with state penalties for the same late filing. Had to go through the whole process again with the state tax agency.
0 coins
Amara Okafor
•This is super important! Same thing happened to me but with New York state. They're actually much harder to deal with than the IRS in my experience. The good news is that if you get the federal penalty abated, you can usually use that as evidence for your state appeal.
0 coins
Sasha Reese
Just wanted to share that I went through something very similar with my partnership return last year. We had delayed 1099s from a major client who completely messed up their year-end reporting, and I ended up with a $1,800 penalty for filing 6 weeks late. I wrote my own reasonable cause letter and it worked! The key things I included were: 1) A clear timeline showing when we should have received the 1099s vs when we actually got them, 2) Documentation (emails) showing we had requested the forms multiple times, 3) Proof that we filed immediately upon receiving the missing documents, and 4) Our clean compliance history for previous years. I addressed the letter to the correspondence address on the penalty notice, included all our partnership details, and sent it certified mail. It took about 8 weeks, but they fully abated the penalty. The IRS agent I eventually spoke with said that third-party document delays are actually one of the most common and accepted reasonable cause situations. Don't let the CPAs scare you into thinking this is too complicated to handle yourself - if you can clearly explain what happened and provide some basic documentation, you have a really good shot at getting this resolved without paying professional fees that exceed the penalty amount.
0 coins
Amina Bah
•This is really encouraging to hear! I'm dealing with almost the exact same situation. One quick question - when you say you provided "documentation (emails)" showing you requested the forms multiple times, did you include the actual email threads or just summarize what happened in your letter? I have several emails with our client asking about the delayed 1099s, but I wasn't sure if including all of them would make my submission too bulky or if the IRS would actually want to see the specifics.
0 coins