Discussion:Reasonable Cause - good excuses
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Discussion Forum Index --> Business Growth Community --> Reasonable Cause - good excuses
| 20 September 2007 | |
| Let's list "reasonable cause" excuses we have seen/used/heard of for the purpose of getting penalties abated. This thread will be searchable by those looking for examples of the wording that worked.
For a late 2553: "I thought the attorney did it. They told me it was an S corp and they filled out the corporate minutes that we selected S." "I told the accountant to do it in February. I guess he was busy and forgot." | |
| 20 September 2007 | |
| RMD 50% penalty
I was in the hospital in a coma for 2 months from novemeber to 12/31/xx and missed the rmd distribution. This saved my client 20k in rmd 50% penalty. | |
| 20 September 2007 | |
| I've used medical excuses several times. I don't use this excuse,though, unless there was actually a medical condition. Each time I've used it, the penalties were removed. | |
| 20 September 2007 | |
| Late filing of W-3:
Clerk was told to file the forms. She put them in the filing cabinet. | |
| 20 September 2007 | |
| Got lost in the mail. Clerk tried to save the business money and did not get it certified and used a stamp instead. | |
Death&Taxes (talk|edits) said: | 20 September 2007 |
| 1. Advanced age
2. Medical/health reasons 3. Failure of third parties who had no interest in the matter (delay in receipt of K-1 forms especially) 4. Incarceration 5. Change of accountants 6. Spotless record in the past All these reasons must have a basis in fact. | |
| 20 September 2007 | |
| For an initial 990 late filing:
IRS had not approved the Form 1023 application in time, so the organization did not know whether it WAS tax exempt by the filing date. We couldn't file an extension, for the same reason - we did not know on that date - which extension form to file. | |
| September 20, 2007 | |
| Late 990 penalty was abated due to "a vacancy in the board position responsible for overseeing the filing of the returns."
I also threw in "Because of this incident, the organization has made changes to their internal procedures to ensure that this deadline will not be missed in the future. This organization is working to serve many needy families, and the assessment of this penalty will place a substantial strain upon the continuation of their programs." | |
| 20 September 2007 | |
| Prior accountant did not know what they were doing. I am now the new accountant in charge and I promise to not be late any more!!!
I was in prison when the return was due and subject to Federal prosecution I could not comply with additional Federal reporting requirements. And you expect me to know this? I am sorry it is late, but I had no idea what I was doing!! The best I heard..... I quit smoking...crs is a medical condition and I had diminished capacity due to my inability to smoke (you can substitute any vice in the quotation). It is a medically proven fact that an addiction causes severe depression and the inability to form decisions. :) | |
| 20 September 2007 | |
| Not really funny but:
I was just at a CPE and the speaker said that when he sends letters trying to abate for late 2553's, etc., he uses the phrase "Because of reasonable cause, Form XXXX has been filed late..." He has never been questioned on it. | |
| 20 September 2007 | |
| HEHEHEHEHEHEHE; you got to be kidding me!! The word "abate" the IRS loves!! Learned it at Coopers and have used it ever since!! | |
| 20 September 2007 | |
| "Return was filed late due to XXXXX but was filed promptly upon learning of error and have changed procedures to prevent re occurrence." | |
Actionbsns (talk|edits) said: | 21 September 2007 |
| I opened an envelope yesterday, thought it was a check, but it was an IRS letter a client sent me assessing $700 in negligence penalties for delayed W-3 and W-2. Back in 2004 he sold his business, but had one quarter with a tiny, tiny payroll ($7,000) and only his, no "real" employees. When we prepared the W-2's that year, we hadn't heard from this client since he sold business and overlooked them. He doens't get material to me timely on a good day and we didn't file the 2004 tax returns until early last year. At that time, I was still unaware of the mistake because he doesn't actually write a check, we have to gross up, with the closing of the business and everything that went with it, the tiny little payroll was overlooked. He brought me a letter in June or July threatening to blow him up imminently if he didn't comply, so we did and now I'm trying to figure out the best approach to see about getting this penalty either reduced or abated. Any thoughts. He did sell the business for health reasons, but why didn't we get and respond to the letters? | |
| September 21, 2007 | |
| Action, I was just going to add another excuse, and you threw in a real situation. So, did PR go past the first week or two of the year? When was the business put up for sale? When was it actually sold? What about simply stating the facts, "Just the facts ma'am."
Or for payroll: that one is getting harder to waive, I think. But I have seen reference made to hiring a new payroll service where there was none before. | |
Death&Taxes (talk|edits) said: | 21 September 2007 |
| Once again I will mention using the words "wilful" in the letter. The word must be preceded with a negative: the client did not act wilfully. The other phrase, as awful as it sounds, is 'there was no intent to defraud or evade the tax.' None of our clients ever do this, but as Sandy notes about 'abate' IRS loves phrases like this.
I was taught this by a former IRS man many years ago, and have adhered to this in most cases. Maybe TxSrv will give us some insight. | |
| 21 September 2007 | |
| For the late filing penalty for partnerships, the $50 per month, per parnter. If they mail the personal returns but forget to mail the partnership,
"All K-1's were given to the partners and all K-1 items were properly reported on the partner's 1040's by the due date of the return. Partner's mailed the 1040's but forgot to mail the 1065." I just had to do one of those, sometimes people take the returns home and they only look at what they have to pay or get back (on the 1040) and forget all about the 1065. | |
Actionbsns (talk|edits) said: | 22 September 2007 |
| Found the best out and IRS is the one providing it!!! yay!! I prepared the response this afternoon and as I was getting my nimble fingers ready to type out the letter, I read through their letter and they actually indicated that if you have filed the W-2's or will do it now, they'll abate (their word)the penalty. So I re-iterated my first comment that "due to the confusion during the sale of the business we inadvertently overlooked preparing the forms". We'll see how it goes, but I think we are in a good position. Oh, and I reminded them, with copies, that as soon as we were made aware of the situation, we filed the W-2 and W-3 as requested as well as amended the corp and personal tax returns accordingly. | |
| 22 September 2007 | |
| To Kathyt on late filing of Form 1065. Revenue Procedure 81-11 gives small general partnerships (10 or fewer partners) a pass if all the partners properly report their distributive share of partnership income on their 1040s. | |
| 22 September 2007 | |
| For tangible personal property tax returns, when you miss something I have found the following to be accepted:
"Inadvertently omitted from prior years tax return". Never had them come back with penalties... | |
| September 24, 2007 | |
| The Feb 2004 The CPA Letter put out by the AICPA has an excellent article on this matter: see http://aicpa.org/pubs/cpaltr/feb2004/index.htm | |
| September 24, 2007 | |
| Sorry....it's in the Small Firms supplement of The CPA Letter for Feb 2004 found at: | |
Phil Moody (talk|edits) said: | 24 September 2007 |
| Used this on year end W2s and the Jan late payroll deposit due the 15th. (All true)
"Client died on 01.02.200x. Records not found until mid March. All reports and taxes promtly paid and filed. Will not happen again." (I just had to add that part). | |
| 29 July 2009 | |
| Discussion:Resource for penalty abatement request link for future use | |

