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Form 843 online LA: What You Should Know

Form 843 is the form required by the IRS to request an ABATEMENT or REFUND of tax due. The amount of the penalty can be as much as 50 percent of the tax due. For example, suppose you owe 10,000 in income tax, but your employer is only required to withhold 2,000. You can request an abatement for penalty (4,000) but not for interest (3,000). You would have to go to the Internal Revenue Service (IRS) and request and a form 843 (Form 843-SA, Claim for Refund of Taxes on Tax-Like Items) to receive an abatement of the interest (3,000), plus the penalty (2,000). The penalties are due for the return due, and the penalty for requesting an abatement of any amount is due within 30 days of the date the tax was assessed (or a later date provided by the IRS at your expense). Form 843: Claim For Refund Claim Form 843 can only be filed for a tax that is due 30 days from the date the penalty is assessed. Therefore, if the payment is made on time, you can apply for an application for a full refund of the tax. Claim For Abatement If you are requesting a claim for an abatement of your taxes, you must be able to show that your tax or penalty is: a) Related to an amount for which the taxpayer was not given an abatement; or b) Caused by an error, misstatement, neglect of duty by the taxpayer, or willful misrepresentation by the taxpayer. This form can also be used for the other types of penalties applicable for claiming tax abatement but not for tax penalties. The IRS will not consider abatement for penalties other than penalties that are related to an amount for which the taxpayer was not given an abatement. A taxpayer requesting an abatement should have a record of the tax liability and, if applicable, the amount of tax owing. If the total tax debt is under 10,000, the IRS must determine, on a case-by-case basis, whether the abatement of the penalties is in the public interest. In addition, the IRS must consider, under the IRS regulations, whether the abatement of the penalty is reasonably necessary to remedy the tax assessment.

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