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The IRS now removes failure-to-file and failure-to-pay penalties automatically for taxpayers with three clean years, and sends a confirmation notice

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Image Credit: Joshua Doubek –/Wiki Commons

Late-filing and late-payment penalties have long been the part of a tax bill that feels most avoidable in hindsight. On August 10, 2026, the Internal Revenue Service announced a process that removes some of them without anyone asking. Taxpayers with a clean three-year record can have failure-to-file and failure-to-pay penalties lifted automatically, and the agency says it sends a confirmation notice when it does.

What the IRS calls Automatic Penalty Relief

The agency’s announcement of the new automatic penalty relief process refers to the program by the abbreviation AEP. The wording on the page is direct: “The IRS will automatically apply AEP to eligible tax returns and send you a confirmation notice.”

Three penalties are named as covered: failure-to-file, failure-to-pay and failure-to-deposit. The first two hit individuals and small businesses alike. The third, failure-to-deposit, is the penalty that lands on employers who are late moving payroll taxes to the government, which is why the relief reaches beyond the household return.

For a taxpayer whose return is eligible, the thing to watch is the mailbox. A confirmation notice is the only evidence that a penalty was removed, so it is worth keeping with the year’s other tax papers. A penalty that remains on an account statement after the agency has finished processing the return is a signal to compare that statement against the notice.

For a taxpayer trying to make sense of a penalty letter or track a refund against it, The IRS Refund Recovery Kit includes a notice decoder and a refund status tracker spreadsheet.

See the kit’s notice decoder for IRS penalty letters →

The record that decides eligibility

The test is a compliance history, not a hardship story. According to the IRS, relief goes to taxpayers who have filed and paid their taxes on time for the past 3 years, or for 12 consecutive quarters in the case of quarterly returns. Both parts of that sentence matter. A taxpayer who filed on time but paid late in one of the three years does not have a clean record under the wording the agency published.

The page does not name a dollar cap on the relief, and it does not name any exclusions. It also does not quote an IRS official. The announcement is the agency speaking as an institution, so the details here rest on that single page and nothing else.

Which returns the relief covers

Timing is the limit that readers with older bills should notice. The IRS says the process applies to tax year 2025, 2026 quarterly returns, and future tax periods. That is a forward-looking rule. A penalty assessed on a return for an earlier year is not described as covered, so a taxpayer holding an older penalty notice should not read this announcement as a promise that it will disappear.

The household most likely to feel the change is the ordinary filer with a good history and one slip. A first-time late payment on the 2025 return, after years of filing and paying on schedule, is the kind of case the clean-record test is built around. Whether a particular return qualifies is the agency’s call and will show up in the notice it sends.

Nothing to file, and one thing to watch for

For eligible taxpayers, the IRS lists the action required as none. Relief is applied by the agency to the eligible return, without a request, and the confirmation notice is the paper trail. A taxpayer in this group has no form to submit, no phone queue to wait in and no deadline attached to asking, because the announcement does not describe a request step at all.

Taxpayers who fall outside the clean-record test

The announcement does not leave everyone else without a route. Taxpayers who do not qualify for the automatic process may, in the IRS’s words, request penalty relief based on reasonable cause through a separate process. The page names that fallback but does not walk through it, so the specifics of what counts as reasonable cause sit outside what this announcement establishes.

That split is the real shape of the change. People with a spotless three years get relief by default, and everyone else still has to make an argument. The automatic path changes who has to ask, not what the agency will accept from those who do.

Checking a penalty against the three-year test

The free source is the IRS’s own announcement of the automatic penalty relief process. A taxpayer weighing whether a penalty falls under it can gather the filing and payment dates for the last three years, or the last 12 quarters for quarterly returns, and check each against the on-time standard the page states.

The tax year is the next thing to confirm, since the page lists tax year 2025, 2026 quarterly returns and future periods. A penalty from outside those years, or from a year with a late payment, points toward the reasonable-cause request instead. A confirmation notice, once it arrives, is worth filing next to the return it refers to.

The IRS Refund Recovery Kit is a 13-page kit that adds a notice decoder and the refund-trace steps for Form 3911, which can help when a letter and an account balance do not seem to agree.

Get The IRS Refund Recovery Kit for a penalty-relief notice →

This piece was drafted with AI assistance; the figures and dates were checked against the IRS announcement of the automatic penalty relief process linked above.


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