First-time penalty abatement (FTA) is one of the most powerful — and most underused — tools in a tax professional's arsenal. If a client has a clean three-year penalty history and has otherwise met their filing and payment obligations, the IRS will often waive failure-to-file, failure-to-pay, or failure-to-deposit penalties. No lengthy explanation required. No documentation to gather. In many cases, a single phone call resolves it.
Yet many preparers and EAs don't routinely check FTA eligibility. This guide gives you a clear process to follow every time a client comes in with an IRS penalty notice.
FTA is an administrative waiver available under IRS Policy Statement 3-2 and the Internal Revenue Manual (IRM 20.1.1.3.6.1). It's not based on a specific Internal Revenue Code section — it's a discretionary relief program the IRS created to reward taxpayers with a good compliance track record for making a one-time mistake.
The three penalties FTA can waive:
Important: FTA only applies to the most recent penalty year. If a client has penalties across multiple tax years, you can only abate one. Use FTA strategically on the year with the largest penalty amount — then address remaining years with reasonable cause arguments.
The IRS applies a straightforward three-part test for FTA eligibility:
Call the IRS Practitioner Priority Service (PPS) at 1-866-860-4259, or call the general business line at 1-800-829-4933. Have a valid Form 2848 (Power of Attorney) on file before calling. Most FTA requests are granted verbally during the call and confirmed by mail.
Here's a script that works:
Send a written request to the IRS address on the penalty notice, or file Form 843 (Claim for Refund and Request for Abatement). Written requests take 8–12 weeks to process. Use this method if the phone wait times are prohibitive or if you want a documented paper trail for the file.
Your letter should include: client name and TIN, tax year, penalty type and amount, an explicit statement requesting FTA under IRM 20.1.1.3.6, and a brief statement confirming the three eligibility factors are met.
Individual taxpayers (not practitioners acting on behalf of clients) can request certain penalty abatements through IRS Online Account at IRS.gov. This option is available for a limited set of penalty types and is less flexible than a phone or written request.
| Method | Typical Timeline | Confirmation |
|---|---|---|
| Phone (PPS) | Same call — usually 15–30 min | Letter within 2–4 weeks |
| Written / Form 843 | 8–12 weeks | IRS letter CP21B or similar |
| Online Account | Variable (days to weeks) | Online confirmation + letter |
If the IRS denies the request, you'll receive a denial letter explaining why. At that point, you can appeal the denial to the IRS Office of Appeals, or pivot to a reasonable cause argument if the facts support it.
FTA is unavailable if the client had a penalty of the same type in any of the prior three years. In those situations, consider these alternatives:
Pro tip: Don't combine FTA and reasonable cause in the same request. IRM guidance states the IRS should consider FTA first — if you mix arguments, you may inadvertently narrow the IRS's analysis to reasonable cause alone (which has a higher bar). Lead with FTA; fall back to reasonable cause only after a denial.
Know exactly what you're asking the IRS to waive. Our penalty calculator covers FTF, FTP, and underpayment penalties with daily interest accrual.
Every time you prepare a return for a new client, pull their IRS account transcript (via IRS e-Services or Form 4506-C) and check for prior-year penalties. If you see a clean three-year history, flag the client's file. If they ever receive a penalty notice in the future, you already know FTA is likely available — and you can move fast.
For existing clients receiving penalty notices, make the FTA eligibility check the first step before reviewing any other abatement options. It costs nothing to ask, takes minutes over the phone, and can eliminate thousands in penalties immediately.