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IRS Automates Tax Penalty Relief for 1.5 Million Filers

The IRS just quietly rewrote the rules, and most people have no idea.

Anna Lee, journalistBy Anna Lee
Los Angeles, California, USA - 23 March 2019: Illustrative Editorial of Internal Revenue Service website homepage. IRS
Photo by Pvl | Dreamstime.com

The IRS just made a change that could put money back in your pocket, and the best part is you don't have to lift a finger to get it. On July 8, 2026, the agency announced it's rolling out a new program called Automatic Exemption from Penalty, or AEP. In plain English, if you have a solid track record of filing and paying on time, and then you slip up one year, the IRS will now wipe out certain penalties automatically. No phone calls. No forms. No begging.

This replaces a program that quietly rewarded people who knew how to ask the right questions and left everyone else paying full price. If you've ever been hit with a late penalty and had no idea you could have gotten it removed, this one's for you.

The old system rewarded people who knew the secret handshake

For more than two decades, the IRS had something called First Time Abate. It started back in 2001. The idea was simple: if you'd been a good taxpayer for three straight years and then filed or paid late once, the IRS would forgive the penalty. Sounds great, right? Here's the catch. You had to know it existed, and you had to call up and ask for it yourself. Or write a letter. Or file a specific form.

The instructions for it were buried inside the Internal Revenue Manual, which is basically the rulebook IRS employees use. Regular people never saw it. So unless your accountant knew to bring it up, or you happened to ask the exact right question on the phone, you just paid the penalty and moved on. The benefit depended on awareness rather than whether you actually qualified. That's a rotten deal, and it hit people hardest who couldn't afford to hire someone to fight for them.

Seven times more people will get relief now

Here's the number that shows how lopsided the old way was. In fiscal year 2025, roughly 220,000 taxpayers got First Time Abate relief through the manual process. National Taxpayer Advocate Erin Collins estimates that if the new automatic system had been running that same year, more than 1.5 million taxpayers would have gotten relief. That's about seven times as many people, and not one of them would have had to ask.

Think about that gap for a second. Over a million people every year were leaving money on the table simply because nobody told them the program existed. Collins called the fix "good government in action." It's hard to argue with that. The rule was always sitting there. The IRS was just waiting for you to trip over it.

How you know if you qualify

The qualifications are mostly the same as the old program, which is good news because they're not complicated. To get AEP, you generally need a clean history of timely filing and paying for the three prior years. If you file quarterly returns for a business, the lookback is 12 straight quarters instead.

So let's say you filed and paid on time in 2022, 2023, and 2024. Then 2025 rolls around and life happens. Maybe you filed a couple months late or couldn't pay the full amount by the deadline. If your prior three years are clean, the IRS won't slap you with the usual penalty during processing. Instead, they'll send you a letter explaining that even though you were late, they didn't charge the penalty because of your history. You don't respond to that letter. You just keep it.

Businesses get a little extra scrutiny. If the IRS had to waive your failure-to-deposit penalty four or more times in the prior three years, or if a penalty was tied to dodging the electronic payment system, you're out. But for most regular filers, if you've been doing things right, you're in.

Which penalties actually get erased

AEP covers three specific penalties: failure to file, failure to pay, and failure to deposit. These are the everyday ones that catch normal people. And they add up fast. The failure-to-pay penalty runs 0.5% of what you owe every month, up to a cap of 25%. The failure-to-file penalty is even nastier at 5% of the unpaid tax per month, also capped at 25%.

Run the math on a $10,000 tax bill you filed several months late and you're staring at hundreds or even a couple thousand dollars in penalties on top of what you already owe. Getting that erased automatically is real money. There's also a nice bonus buried in the details. If a penalty gets removed, the IRS will automatically reduce the interest tied to that penalty too.

Not every tax form makes the cut

The program targets the returns most people and businesses actually file. That includes the Form 1040 for individuals, plus a bunch of business and employment forms like the 1065, 1120, 940, 941, 943, 944, 945, and CT-1. If you file any of those, you're probably in the pool.

But some returns are left out on purpose. Estate tax returns, the Form 706, and gift tax returns, the Form 709, generally don't qualify for AEP. The logic there is that those are one-off filings tied to rare events, not the kind of regular return where a compliance history even makes sense. Information returns are also excluded. So this isn't a blanket free pass on everything. It's aimed squarely at the returns folks deal with year after year.

You still owe the actual tax, so don't get too excited

Let me be clear about one thing, because people always misread these headlines. AEP does not make your tax bill disappear. It only stops the penalties from being tacked on. You still have to pay the tax you owe. You still owe interest on that unpaid tax. And if there's some other penalty that isn't covered by the program, you're on the hook for that one too.

So think of it as the IRS forgiving the late fee, not the whole loan. IRS CEO Frank Bisignano put it this way: taxpayers who "historically pay on time should not have to make a formal request for relief that is routinely granted." Fair enough. But routinely granted relief still means you have to settle up on the underlying bill.

The rollout timeline, and a heads up for early filers

This is happening in stages. The program starts in the summer of 2026 and applies to eligible original returns starting with tax year 2025 and 2026 quarterly returns. First Time Abate begins phasing out over that same summer. AEP fully takes over for eligible returns with original due dates on or after January 1, 2027.

Here's the wrinkle. During this switchover, the systems aren't fully caught up yet, so some people who qualify might still get a penalty notice in the mail for a 2025 or 2026 return. If that happens to you, don't panic and don't just pay it. You can contact the IRS and ask for First Time Abate the old-fashioned way during the transition. Collins has also pushed the IRS to go back and apply relief to people who already got hit with these penalties in 2026 before the automatic system was live. Her argument is straightforward: you shouldn't lose out just because your return got processed a few weeks too early.

One relief program is quietly going the other direction

While the IRS is handing out automatic relief with one hand, it took something away with the other. On July 1, 2026, the agency quietly eliminated the Delinquent FBAR Submission Procedures. That was a long-running program that let certain people file late reports on their foreign bank accounts without a penalty.

The IRS page on FBARs now flatly says a late filing "is a violation and may subject you to penalties." Programs like these exist because the IRS created them on its own, not because Congress passed a law. That means the agency can pull them whenever it wants, no new legislation required. For people with overseas accounts, the friendly on-ramp is gone.

What this means for you

For the vast majority of regular taxpayers, AEP is a genuine win. If you've been keeping your nose clean at tax time and you have one bad year, the IRS will now cover you without making you jump through hoops. That's the way it always should have worked.

The smart move is to keep any AEP letter the IRS sends you and hang onto proof of your filing history. And if you ever get a penalty notice you think you shouldn't have, speak up instead of just cutting a check. The whole point of this change is that good taxpayers stop paying for relief they were always owed. Just don't count on it to erase the tax itself. That bill still has your name on it.

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