Unpaid payroll taxes can result in penalties against you and your business.  If you have a valid reason as to why the taxes were not paid, the federal agency may consider waiving or reducing your penalties.  With the guidance of your tax attorney, you can try to get your penalties abated.  There are a few different ways to go about this: by showing reasonable cause for why the taxes weren’t submitted; by proving you didn’t pay taxes due to erroneous advice from a tax professional; or by paying the owed taxes.

Show Reasonable Cause to the IRS

One way to get penalties waived or reduced is to work with your tax attorney to prove that there were circumstances beyond your control that prevented you from paying the owed taxes.  This may include a serious illness, a death in the family, or an interruption of business due to a fire or natural disaster.  To show reasonable cause, you and your attorney will have to submit a letter to the IRS requesting a penalty abatement.  In the letter, you will need to explain the circumstances that prevented you from paying the taxes, any unsuccessful attempts you made to submit the taxes, and how quickly you took action once the circumstances were resolved.

Correction of Service Errors

Another option to try to get your penalties abated or reduced is to show that you followed erroneous advice from a qualified tax professional.  In this situation, you will need to work with a tax attorney to write a letter to the IRS explaining the advice the tax professional gave you and include documentation of the guidance he or she provided.  If the tax professional gave advice over the phone or in-person, then you must provide proof of the call or notes from the conversation.

Pay the Taxes Owed

Your tax attorney may advise you to pay your owed taxes and any financial penalties the IRS assessed before requesting a penalty abatement.  This will show good faith to the federal agency

Contact a Tax Attorney

If you owe back payroll taxes, contact Ayar Law at 800.571.7175 to receive a free case review.