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Level 5
December 6, 2019
Solved

How to get a Partnership return late filing penalties abated. Notice 2017-47 or any other ways like irc relief What about Rev Proc. 84-35?

  • December 6, 2019
  • 5 replies
  • 88 views

TP did not file an extension and received a penalty on a partnership return.  What is the best way (easiest) to get the penalty abated?

In the past I have written a letter with Rev Proc. 84-35 attached and it worked but I can't remember the numbers.  Also what about 2017-47...

Thanks in Advance!

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Best answer by TaxMonkey

Easiest way is with first time abatement.


https://www.thetaxadviser.com/issues/2013/jul/buttonow-july2013.html


2017-47 - if they filed late because of the change in due date of the return, then use that.


If the partners filed their personal returns timely, and included all of their distributive share of the partnerships income (and other requirements) then you can use Rev Proc 84-35.


https://www.bradfordtaxinstitute.com/Endnotes/Rev_Proc_84-35.pdf

5 replies

TaxMonkeyAnswer
Level 7
December 6, 2019

Easiest way is with first time abatement.


https://www.thetaxadviser.com/issues/2013/jul/buttonow-july2013.html


2017-47 - if they filed late because of the change in due date of the return, then use that.


If the partners filed their personal returns timely, and included all of their distributive share of the partnerships income (and other requirements) then you can use Rev Proc 84-35.


https://www.bradfordtaxinstitute.com/Endnotes/Rev_Proc_84-35.pdf

yeknodAuthor
Level 5
December 6, 2019
Do you know where to mail the letter to under Rev Proc 84-35
cjscpa
Level 3
May 21, 2020

This is helpful, thank you! I'm curious whether your partnership was an LLC? Same rule?