On August 24, 2022, The IRS issued Notice 2022-36 which provides automatic penalty relief for certain tax returns for 2019 and 2020 to help taxpayers struggling with the COVID-19 pandemic. Individuals and businesses can qualify for relief. If you qualify, the penalties will be abated, but the return must be filed by September 30, 2022.
If you qualify for this relief, delinquent returns must be filed by 9/30/2022.
If the taxpayer already paid a penalty, the IRS will issue a refund.
Please reference the chart below to see which returns qualify and the abatement offered. Note that for FBAR or Form 8938 filers, relief is not being provided.
Read more about this program on the IRS.gov website.
| Series/Type of Return | Tax Form | Type of Penalty Abated |
| 1040, Individual Tax Returns | 1040, 1040-NR, 1040 (PR), 1040-SR, 1040-SS | Failure to File (FTF) |
| 1041, Tax Returns for Estates and Trusts | 1041, 1041-N | FTF |
| 1120, Tax Returns for Corporations | 1120, 1120-C, 1120-S, 1120-F, 1120-FSC, 1120-H, 1120-L, 1120-ND, 1120-PC, 1120-POL, 1120-REIT, 1120-RIC, 1120-SF | FTF |
| Return for Real Estate Mortgage Investment Conduit | 1066 | |
| Return for Private Foundations/Exempt Organizations | 990-PF, 990-T | |
| Information Return of U.S. Persons with Respect To Certain Foreign Corporations | 5471 | FTF – $10,000 USD per form not filed |
| Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business | 5472 | FTF – $25,000 USD per form not filed |
| Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts | 3520/3520-A | FTF – For Foreign Trusts, 35% of Value of Trust Property Transferred to Trust For Foreign Gifts, 5% of Gift Value Up To A Max of 25% Penalty |
| Tax Return for Partnerships | 1065 | FTF |
