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How to File Form 843 for First Time Abatement

Samuel Landis, Esq.Approx. 10 min readPublished:
How to File Form 843 for First Time Abatement

Checked October 1, 2026: The IRS states that Automatic Exemption from Penalty (AEP) begins in summer 2026 for eligible 2025 annual returns and 2026 quarterly returns, and subsequent periods. It applies automatically when eligible original returns finish processing and the required compliance history is met. FTA remains a requested remedy for eligible assessed penalties. Other penalties, tax and applicable interest remain due.

How to Fill Out Form 843 for First Time Abatement: What You Need to Know

Knowing how to fill out Form 843 for first time abatement can mean the difference between paying a costly IRS penalty and having it removed entirely. Here’s a quick overview of the process:

  1. Check eligibility: Review the precise three-year or 12-quarter filing and penalty history, applicable exceptions and additional business criteria.
  2. Download Form 843 from IRS.gov (it cannot be e-filed)
  3. Complete Lines 1–8 — Enter the tax period, penalty amount, tax type, IRC penalty section (e.g., 6651(a)(1) for failure to file), and a clear explanation
  4. Sign the form and attach a copy of the IRS notice
  5. Mail to the correct IRS service center listed on your notice or in the Form 843 instructions

Some eligible taxpayers may be unaware of administrative penalty relief. Failure-to-file can generally reach 25% of unpaid tax. When failure-to-file and failure-to-pay penalties apply in the same month, the former is reduced by the latter, generally producing a combined 5% monthly charge.

If you’ve received an IRS penalty notice and this is your first offense, you may have a straightforward path to relief — without needing to prove a hardship or explain why you were late.

This guide explains how to complete Form 843 when it is the appropriate form for an eligible IRS penalty-relief request. Relief depends on the applicable requirements and facts.

What is First-Time Abatement and When is Form 843 Required?

IRS penalty notice for failure to file or pay

First-Time Abatement (FTA) is an administrative waiver provided by the IRS. Think of it as the IRS’s way of saying “everyone makes a mistake once.” It was designed to reward taxpayers who have a consistent history of compliance but slipped up for a single tax period.

The beauty of FTA is its simplicity. Unlike “Reasonable Cause,” which requires you to prove that something out of your control (like a natural disaster or serious illness) prevented you from filing or paying, FTA doesn’t require a “good” excuse. If you meet the administrative criteria, you can get the penalty removed simply because you’ve been a “good” taxpayer in the past.

You can use IRS Penalty Abatement for three specific types of penalties:

  • Failure to File (FTF): When you don’t file your return by the due date.
  • Failure to Pay (FTP): When you don’t pay the tax shown on your return by the due date.
  • Failure to Deposit (FTD): Primarily for businesses that fail to deposit employment taxes on time.

An eligible FTA request may be handled by phone. Use a written request or Form 843 when the applicable notice or claim instructions require it, or when submitting a documented written claim is appropriate. Related guidance: About Form 843, Claim for Refund and Request for Abatement | Internal Revenue Service.

Eligibility Requirements for First-Time Penalty Relief in 2026

The IRS requires timely filing of the same return type for the prior three years, or 12 consecutive quarters, and no assessed penalty other than estimated-tax penalties, unless later abated for reasonable cause or IRS error. Prior FTA relief is not equivalent to reasonable-cause relief. Business deposit-history and EFTPS-avoidance restrictions also apply. Review the actual return type, period and account history; a generic clean-record summary is not enough.

The 3-Year History Rule

The IRS requires timely filing of the same return type for the prior three years, or 12 consecutive quarters, and no assessed penalty other than estimated-tax penalties, unless later abated for reasonable cause or IRS error. Prior FTA relief is not equivalent to reasonable-cause relief. Business deposit-history and EFTPS-avoidance restrictions also apply. Review the actual return type, period and account history; a generic clean-record summary is not enough.

Filing and Payment Compliance

FTA eligibility depends on the applicable return and penalty history, including additional business criteria. Address missing returns and unpaid tax promptly and ask the IRS to verify the account-specific requirements.

  1. Filing Compliance: You must have filed all required returns (or filed valid extensions) for all years. You can’t ask for a break on 2025 if you still haven’t filed 2023.
  2. Eligible failure-to-pay penalties may be abated while tax remains unpaid. Further failure-to-pay penalties can accrue until payment; the IRM permits another abatement after the tax is fully paid.

FTA vs. Reasonable Cause: Which Should You Use?

FTA and reasonable cause have different criteria. Discuss the applicable relief and prior abatements with the IRS or counsel; do not assume relief can be reserved like a token.

Feature First-Time Abatement (FTA) Reasonable Cause
Proof Required FTA does not itself require a hardship showing, but applicable administrative eligibility must be demonstrated. Extensive (Records, letters, proof)
History Requirement History for the prior three years or 12 quarters, with applicable exceptions and conditions. None
Frequency Prior-period eligibility must be checked; no automatic three-year reset As often as cause exists
Complexity Low High

Step-by-Step Guide: How to Fill Out Form 843 for First Time Abatement

Form 843 header section with name and address fields

Now we get to the heart of the matter. Learning how to fill out Form 843 for first time abatement isn’t difficult, but the IRS is famous for rejecting forms because of simple clerical errors.

Start by downloading the most recent version of the form from the Instructions for Form 843 (Rev. December 2024) – IRS website.

Header Information:

  • Use the identifying information required by the current form and keep your IRS address records current; use Form 8822 when appropriate.
  • Enter the TIN required by the current form: SSN, ITIN or EIN as applicable.
  • Telephone Number: Provide a number where an agent can actually reach you. Sometimes a two-minute phone call can clear up a question that would otherwise cause a 60-day delay.

Line-by-Line Instructions: How to Fill Out Form 843 for First Time Abatement

Follow this IRS Form 843 Abatement Guide approach to ensure each line is accurate:

  • Line 1: Enter the specific tax period. For individual income tax, this is usually the calendar year (e.g., 01/01/2025 to 12/31/2025).
  • Line 2: Enter the exact amount of the penalty you want refunded or abated. You can find this on the CP14 or CP210 notice the IRS sent you.
  • Line 3: For refund claims, enter each payment date.
  • Line 4: Check the applicable tax or fee type.
  • Failure to Pay is Section 6651(a)(2).
  • Failure to Deposit is Section 6656.
  • Line 5: Identify the applicable fee or return type.
  • Line 6: Enter the applicable penalty Code section from the assessment notice.
  • Line 7: Select the applicable reason for the request under the current instructions.
  • Line 8: Explain the request, computation and supporting facts. Attach evidence as applicable.
  • What to write in Line 8: Be brief and factual. You don’t need a sob story for FTA. A sample explanation would be: “Taxpayer is requesting First-Time Abatement for the Failure to File and Failure to Pay penalties assessed for the 2025 tax year. Taxpayer has a clean compliance history for the prior three years (2022-2024) and is currently in filing and payment compliance.”

    Common Mistakes When Learning How to Fill Out Form 843 for First Time Abatement

    We see the same errors over and over again. To Avoid IRS Penalties and rejections, watch out for these:

    • If the claim concerns a joint return, both spouses generally must sign as instructed. Missing required signatures can prevent processing.
    • Wrong Service Center: Don’t just mail it to the nearest IRS building. You must mail it to the address listed on the specific penalty notice you received.
    • Review whether the underlying return and penalty have been processed or assessed, and follow the appropriate request or account-correction procedure.
    • An unpaid tax balance does not automatically bar eligible FTA. Additional failure-to-pay penalties may continue to accrue until the tax is paid.

    Submitting Your Request and Next Steps

    Keep a complete copy and valid mailing or delivery evidence. Certified mail is one option; registered mail and designated private delivery services may also qualify under applicable rules. Paid-penalty refund claims are generally subject to the later of three years from filing the return or two years from payment, with additional limitations and exceptions.

    What Happens Next?

    Processing time varies. Monitor the request and follow the notice contact instructions; do not assume collection is suspended while the request is pending. Related guidance: IRS Tax Problems.

    Interest Reduction

    One of the best “hidden” benefits of penalty abatement is that when the penalty goes away, the interest associated with that penalty goes away too! While the IRS rarely abates interest on the base tax, they must remove interest that was calculated on the penalty once the penalty itself is abated.

    Frequently Asked Questions about Form 843

    Can I use Form 843 for both failure-to-file and failure-to-pay penalties?

    Yes, you can. You can list both penalties on a single Form 843 if they apply to the same tax year and the same return (like your 1040). However, if you have penalties for multiple years (e.g., 2024 and 2025), you generally need to file a separate Form 843 for each year.

    Is there an alternative to filing Form 843, like calling the IRS?

    An eligible request may be resolved by phone using the number on the notice. The IRS may require a written request or Form 843 depending on the claim and account information. Business penalties or a paid-penalty refund do not by themselves establish that a phone request is unavailable; follow the notice and current claim instructions.

    Does first-time abatement remove interest?

    It removes the interest on the penalty, but not the interest on the tax. For example, if you owed $5,000 in tax and were charged a $500 penalty plus $50 in interest on that penalty, the FTA would remove the $500 and the $50. You would still owe the $5,000 plus whatever interest accrued on that $5,000.

    Conclusion

    Navigating the IRS’s administrative maze can be daunting, but the First-Time Abatement program is one of the few areas where the rules are actually in the taxpayer’s favor. By following this guide on how to fill out Form 843 for first time abatement, you are taking a major step toward protecting your finances and resolving your tax debt.

    Contact Segal, Cohen & Landis (SCL) to discuss your notice, filing history and available options.

    Review the applicable IRS Form 843 instructions and request procedure before preparing a submission.

    FTA replacement milestone: IRS fact sheet FS-2026-12 separately states that FTA is unavailable for original returns with due dates on or after January 1, 2027, and is replaced by AEP. This is distinct from the summer-2026 rollout for eligible 2025 annual and 2026 quarterly returns. During the transition, check processing status and contact the IRS if an assessed penalty appears despite potential eligibility.

    Have questions about this topic? Talk to an IRS attorney today.

    Segal, Cohen & Landis, P.C. — Beverly Hills. Serving clients nationwide.

    Samuel Landis

    Samuel Landis, Esq.

    LL.M. (Tax) · Selected to Super Lawyers®

    Sam Landis is a Beverly Hills IRS tax attorney specializing in IRS collection defense, audit representation, and international tax compliance for foreign nationals and US expats.

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