What is First-Time Abatement?
First-Time Abatement (FTA) is an IRS administrative waiver that removes certain penalties for taxpayers with a previously clean compliance record. If you qualify, penalty removal is possible - approval is at IRS discretion.
FTA was established by IRM 20.1.1.3.6.1 and applies to failure-to-file, failure-to-pay, and failure-to-deposit penalties. It's one of the most underutilized tax benefits available.
FTA Eligibility Requirements
To qualify for First-Time Abatement, you must meet ALL of the following criteria:
Clean Penalty History
No penalties assessed (or penalties fully abated) in the prior 3 tax years for the same type of penalty.
All Returns Filed
All required tax returns must be filed, or you must have a valid extension in place.
Tax Paid or Payment Plan
All taxes must be paid, or you must have an approved installment agreement (payment plan) in place.
Quick Eligibility Check
Answer these questions to see if you might qualify:
- ?Have you had any IRS penalties in the last 3 years?
- ?Have you filed all required tax returns?
- ?Is your tax paid or do you have a payment plan?
If you answered "No" to the first question and "Yes" to the others, you may meet the basic criteria. Final eligibility is determined by the IRS.
Penalties That Can Be Removed
Failure-to-File Penalty
5% per month, max 25% of unpaid taxes
Failure-to-Pay Penalty
0.5% per month, max 25% of unpaid taxes
Note: FTA does NOT remove interest. Interest continues until the underlying tax is paid.
Potential Savings Example
Without FTA
- Unpaid tax: $10,000
- FTF Penalty (25%): $2,500
- FTP Penalty (6 mo): $300
- Total Penalties: $2,800
With FTA (If Approved)
- Unpaid tax: $10,000
- FTF Penalty: $0
- FTP Penalty: $0
- Total Penalties: $0
- Potential savings: $2,800
Example only. Approval is at IRS discretion.
How to Request FTA
Option 1: Call the IRS (Fastest)
Call 1-800-829-1040 and ask for First-Time Abatement. Many agents can approve it on the spot.
Best times: Early morning (7am) or late afternoon. Have your notice and SSN ready.
Option 2: Written Request
Send a letter with your payment or in response to a penalty notice. Include:
- Your name, SSN, and tax year
- Statement requesting First-Time Abatement
- Confirmation you meet the requirements
Option 3: Form 843 (Formal Claim)
Use IRS Form 843 for a formal penalty abatement request. Required for refunds of penalties already paid.