
Checked October 17, 2026: IRS guidance describes Automatic Exemption from Penalty (AEP), beginning in summer 2026 for eligible 2025 annual returns and 2026 quarterly returns, and subsequent periods. It applies when eligible original returns finish processing and the required compliance history is met. First Time Abate (FTA) remains a requested remedy for eligible assessed penalties during the transition. Other penalties, tax and applicable interest remain due.
What Are IRS Tax Penalties — and Why They Matter
The Internal Revenue Code provides many civil penalties; this guide describes common examples.
The table summarizes common civil penalties. Rates shown are general rules; return type, statutory exceptions, penalty coordination and specific circumstances can change the calculation.
| Penalty Type | Rate | Maximum |
|---|---|---|
| Failure to File | Generally 5% of unpaid tax per month or part of a month | 25% |
| Failure to Pay | Generally 0.5% of unpaid tax per month or part of a month | 25% |
| Accuracy-Related | 20% or 40% of underpaid tax | Varies |
| Underpayment of Estimated Tax | Based on IRS interest rate | Varies |
| Dishonored Check | 2% for payments of $1,250 or more; below $1,250, the lesser of $25 or the payment amount | Varies |
Interest rates are set quarterly and interest generally compounds daily. For individuals, the underpayment rate is generally the federal short-term rate plus three percentage points; corporate rates and penalty-interest start dates can differ.
The IRS notifies you of a penalty by mailing a notice or letter that explains what you owe, why, and what to do next. That notice is your first warning sign — and your first opportunity to act.
IRS penalty notices identify the assessed penalty, tax period and response instructions. Review those details before choosing a relief procedure.
IRS Tax Penalties: Review the relevant notices, filing history, records, and deadlines before choosing a response. Evaluate professional assistance according to the facts, applicable law, and agreed scope of representation.
Understanding Common IRS Tax Penalties
IRS tax penalties encourage compliance with filing, payment and reporting requirements. A missed deadline or incorrect return can lead to a penalty when the relevant legal conditions are met. Not every mathematical mistake results in a penalty. See the IRS penalty overview.
The most common triggers for these charges are failing to send in your paperwork on time and failing to send in your money on time. While they sound similar, the IRS treats them very differently. You can find an official IRS penalty overview on their website, but the key to staying out of trouble is to Avoid IRS Penalties before they even start.
The Failure-to-File Penalty Explained
For individual income-tax returns and many business income-tax returns, the failure-to-file penalty generally applies when a required return is filed after its due date, including a valid extension. It is generally 5% of unpaid tax for each month or part of a month, up to 25%, subject to penalty coordination and applicable relief. An extension to file generally does not extend the payment deadline.
A late refund claim can be barred by statutory filing and lookback limits. Extensions and specific exceptions can affect the calculation. Check the applicable deadline promptly. Related guidance: Penalty For Filing Taxes Late.
The Failure-to-Pay Penalty and Collection Notices
For tax shown on a return, the failure-to-pay penalty generally applies when tax is not paid by the payment deadline, whether or not the return has been filed. The ordinary rate is 0.5% of unpaid tax for each month or part of a month, up to 25%, subject to applicable rate changes and relief. Tax assessed later that was not reported on a return has separate notice-and-demand rules.
The IRS generally bills an assessed balance before further collection steps. The failure-to-pay rate generally increases to 1% per month if tax remains unpaid 10 days after a notice of intent to levy. For an individual who filed the return on time, it generally decreases to 0.25% per month while an approved installment agreement is in effect. Related guidance: IRS notices and interest charges.
Calculation and Interaction of Filing and Payment Penalties
When failure-to-file and failure-to-pay penalties apply to the same month, coordination rules reduce the failure-to-file component. The ordinary combined monthly rate is 5%; that is a monthly rate, not the overall maximum over the life of the debt.
At the ordinary rates, the 5% failure-to-file penalty is reduced by the 0.5% failure-to-pay penalty for the same month, yielding 5% combined per month (4.5% for filing late and 0.5% for paying late). After the failure-to-file component stops, the failure-to-pay penalty may continue until its own cap. Special rates and the minimum late-filing penalty can affect the calculation.
For returns more than 60 days late, a minimum failure-to-file penalty can apply. Its dollar amount depends on the return due date and inflation adjustments; check the current IRS table and applicable statutory limit.
| Feature | Failure-to-File | Failure-to-Pay |
|---|---|---|
| Monthly Rate | Generally 5% | Generally 0.5% |
| Maximum Cap | 25% | 25% |
| Ordinary combined monthly rate | 5% total when both ordinary penalties apply | 5% total when both ordinary penalties apply |
| Minimum (>60 days) | Due-date-specific inflation-adjusted amount | N/A |
Penalty caps do not stop interest from accruing where interest is legally due. Our IRS interest and accrual guide explains the applicable rules for tax and penalty interest.
Accuracy-Related and Underpayment of Estimated IRS Tax Penalties
An incorrect return may trigger an accuracy-related penalty when the statutory requirements are satisfied, even if it was filed on time. The analysis depends on the type of error, the resulting underpayment and any available defenses.
An accuracy-related penalty is generally 20% of the portion of an underpayment attributable to negligence, disregard of rules or a substantial understatement of income tax. Specified grounds, such as a gross valuation misstatement meeting the statutory definition, may carry a 40% rate. The higher rate does not apply merely because any error is more serious. Review the IRS accuracy-related penalty guidance and the specific statutory provision.
Safe Harbor Rules for Estimated Taxes
Because the U.S. uses a “pay-as-you-go” system, you are required to pay taxes as you earn income throughout the year, either through withholding or quarterly estimated payments. If you don’t pay enough, you might face an underpayment penalty.
For individuals, common rules for avoiding the estimated-tax underpayment penalty include the following. Payments generally must satisfy the required installment timing; paying enough only at year-end may not eliminate an earlier underpayment. Special rules can apply.
- You owe less than $1,000 after subtracting withholding and refundable credits.
- You paid at least 90% of the tax for the current year.
- You paid at least 100% of the tax shown on a prior-year return covering 12 months. Substitute 110% if prior-year adjusted gross income exceeded $150,000, or $75,000 if married filing separately for the current year. Special farming and fishing rules can differ.
Review the applicable safe harbor and installment dates before calculating a penalty. If you have an underpayment, the applicable waiver provisions may provide relief in limited circumstances. Our tax penalty abatement guide discusses relief options.
Other Notable IRS Tax Penalties
Beyond the “big three” (filing, paying, and accuracy), there are several other penalties that can catch taxpayers off guard:
- For a dishonored payment below $1,250, the penalty is $25 or the payment amount, whichever is less. For a payment of $1,250 or more, it is 2% of the payment amount.
- Information returns: Penalties can apply separately for an incorrect or late information return and an incorrect or late payee statement. For returns due in 2026, the IRS lists $60, $130 or $340 depending on lateness, and $680 for intentional disregard. Intentional-disregard penalties have no general maximum, and statutory percentage rules can produce a higher amount. Other caps and exceptions depend on the return and filer.
- The trust fund recovery penalty may apply to a responsible person who willfully fails to collect, account for or pay over trust fund taxes. It equals the unpaid trust fund portion, rather than every employment-tax component.
- Nonwillful FBAR penalties are subject to an inflation-adjusted statutory maximum per report, rather than per account, under Bittner. Reasonable-cause relief and the facts of the violation must be considered; willful violations have different rules. Related guidance: international reporting penalties.
How to Qualify for IRS Tax Penalty Relief
Penalty abatement means removing or reducing an assessed penalty under an applicable relief provision. Eligibility depends on the particular penalty and the facts.
Reasonable cause may support relief for certain penalties. For failure to file or pay, the taxpayer generally must show ordinary business care and prudence but an inability to comply on time. The IRS considers the full facts and circumstances; no listed event guarantees relief. Examples that may be relevant include:
- Death or serious illness of the taxpayer or an immediate family member.
- Unavoidable absence that actually prevented timely compliance.
- Destruction of records due to fire, flood, or other natural disasters.
- Reasonable reliance on erroneous written IRS advice may support a separate statutory exception when the advice responded to a specific written request containing adequate and accurate information.
If you believe you qualify, you can use our IRS Penalty Abatement resources or follow our IRS Form 843 Abatement Guide to submit a formal request.
First Time Abate (FTA) Policy
First Time Abate (FTA) is an administrative waiver for specified failure-to-file, failure-to-pay and failure-to-deposit penalties when the compliance-history and other criteria are met. The AEP transition changes which procedure applies; a generally clean record alone is not enough.
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. For business returns, the IRS must not have waived failure-to-deposit penalties four or more times in that period, and the penalty must not have been charged for EFTPS avoidance. Check the actual return, period, account history and applicable exclusions.
Strategies to Reduce IRS Tax Penalties
If you don’t qualify for a full abatement, there are still ways to Reduce IRS Tax Penalties.
For an individual who filed the return on time, the failure-to-pay rate generally drops to 0.25% per month while an approved installment agreement is in effect.
Follow the notice and current claim instructions. Eligible administrative relief may be requested by phone; a written request or Form 843 may be appropriate for specified claims. The explanation should address the actual legal basis for relief. Related guidance: IRS Form 843.
Frequently Asked Questions about IRS Tax Penalties
How does interest accrue on IRS penalties?
Interest rates are set quarterly and interest generally compounds daily. For individuals, the underpayment rate is generally the federal short-term rate plus three percentage points; corporate rates and penalty-interest start dates can differ.
Removing a penalty also removes interest attributable to that penalty. Interest on tax is separate and generally cannot be removed for reasonable cause, although specific statutory abatement provisions may apply. Related guidance: interest and penalty facts.
What are the special rules for farmers and fishers?
For calendar-year taxpayers, special estimated-tax rules generally apply when at least two-thirds of gross income in the current or preceding tax year is from farming or fishing. A qualifying taxpayer can generally make one required estimated payment by January 15 of the following year. Weekend and legal-holiday rules may move the deadline.
Alternatively, a qualifying farmer or fisher can generally avoid the estimated-tax penalty by filing the return and paying all tax due by March 1 of the following year, or the next business day if applicable. If that condition is not met, review the January payment and other applicable rules; use Form 2210-F when required to determine or explain the penalty.
What happens if I ignore IRS penalty notices?
Unresolved assessed debt may lead to collection measures after the applicable notices and procedures. Ignoring a notice does not itself mean that every enforcement measure below will occur. Possible consequences include:
- Federal Tax Liens: A legal claim against your property (including your home and car).
- Wage Garnishment: The IRS can take a significant portion of your paycheck before it even hits your bank account.
- Bank Levies: They can freeze and seize the funds in your bank accounts.
- Passport restrictions: In 2026, seriously delinquent tax debt generally means legally enforceable unpaid federal tax debt exceeding $66,000, including assessed penalties and interest, with the required collection steps and subject to exclusions. The IRS certifies qualifying debt to the State Department, which has authority to deny, limit or revoke a passport.
Conclusion
IRS Tax Penalties are designed to be intimidating, but they don’t have to be the end of your financial story. Whether you are dealing with a simple late filing or a complex accuracy-related audit, there are legal pathways to relief.
Review the relevant notices, filing history, records, and deadlines before choosing a response. Evaluate professional assistance according to the facts, applicable law, and agreed scope of representation.
Review the relevant notices, filing history, records, and deadlines before choosing a response. Evaluate professional assistance according to the facts, applicable law, and agreed scope of representation. Related resources: Reduce IRS Tax Penalties.
Related Resources
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, 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.
