Waiver Of Penalty
The IRS will, under certain circumstances, waive the underpayment penalty. The following are the conditions and procedures for penalty waiver.
Conditions
The IRS can waive the penalty for the following circumstances:
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The taxpayer retired (after reaching age 62) or became disabled in the year previous to the computation year or the computation year and both the following requirements are met.
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The taxpayer had a reasonable cause for not making the payment, and
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The underpayment was not due to willful neglect.
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The taxpayer did not make payment because of one of the following situations and it would be inequitable to impose the penalty:
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Casualty
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Disaster, or
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Other unusual circumstance
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Procedure
To request a waiver, follow these instructions:
a. Requesting waiver of the entire penalty
i. Check Box A of Part II of the 2210 (IRS does not require the penalty to be calculated)
ii. Attach a statement with an explanation and verification documentation.
b. Requesting a partial waiver
i. Check Box B of Part II of the 2210;
ii. Complete Form 2210 through Line 18 without regard to the waiver;
iii. Enter the amount being requested to be waived on the dotted line next to line 19;
iv. Subtract the amount being requested to be waived from the total penalty calculated without regard to the waiver, and enter the result on line 19.
V. Attach a statement with an explanation and verification documentation
Verification
a. Retirement or Disability - If the taxpayer is requesting a waiver due to retirement or disability, attach documentation that shows the taxpayer’s retirement date and age on that date or the date the taxpayer became disabled.
b. Casualty, Disability or Unusual Circumstances - If the taxpayer is requesting a waiver due to a casualty, disaster, or other unusual circumstance attach documentation such as copies of police and insurance company reports.