The IRS is replacing first-time penalty abatement with the new Automatic Exemption from Penalty program — here's exactly what changed, who qualifies, and what to do during the transition

The July 8, 2026 announcement at a glance (IR-2026-83)

Here is exactly what the IRS announced, point by point:

• Beginning this summer (2026), the IRS is phasing in the new Automatic Exemption from Penalty (AEP) program, which replaces first-time penalty abatement — FTA is being phased out.
• AEP is fully effective for eligible returns with original due dates on or after January 1, 2027.
• Relief is automatic — qualified taxpayers no longer have to apply for penalty abatement. If eligible, the IRS applies AEP and issues a notice confirming the relief was granted.
• Taxpayers qualify with a history of timely filing the return and paying any tax due in the three prior years (or 12 consecutive quarters for quarterly returns).
• When taxpayers qualify, penalties are not assessed during processing for: failure to file, failure to pay, and failure to deposit.
• Estimated tax penalties are not available for abatement under either the existing first-time abatement program or the new AEP.
• Not all returns are eligible. Information returns and returns filed only in response to specific transactions or infrequent events — such as Form 706 (U.S. Estate Tax Return) and Form 709 (Gift Tax Return) — generally are not eligible.
• Transition caveat: during the switch from first-time abatement to AEP, some qualifying taxpayers may still receive penalty notices for eligible tax year 2025 and 2026 quarterly returns. Taxpayers who believe they qualify may contact the IRS to request first-time penalty abatement.

What just happened

On July 8, 2026, the IRS announced one of the most taxpayer-friendly administrative changes in two decades: it is retiring the First Time Abate (FTA) program — the request-based penalty waiver that has existed since 2001 — and replacing it with a fully automatic program called the Automatic Exemption from Penalty (AEP).

The core idea: if you have a history of filing and paying on time, the IRS will simply not assess failure-to-file, failure-to-pay, or failure-to-deposit penalties when you slip up once. You won't have to know the program exists, call the IRS, write a letter, or file a penalty abatement request. The relief is applied by the IRS's own systems while your return is processed, and you receive a notice confirming it happened.

This matters because of a number most taxpayers never see: in fiscal year 2025, only about 220,000 taxpayers received first-time abatement — because you had to know to ask. The Taxpayer Advocate Service estimates that over 1.5 million taxpayers would have qualified that same year. Roughly 7 out of 8 eligible taxpayers paid penalties they never owed, simply because they didn't know a phone call could remove them.

What the old rule was: First Time Abate (2001–2026)

First Time Abate was created in 2001 for tax periods ending after December 31, 2000, and became the single most common form of administrative penalty relief the IRS granted. Here's how it worked:

• You had to ask. Relief was request-based — by phone to the number on your penalty notice, by written statement, or by filing Form 843 (Claim for Refund and Request for Abatement).
• The penalty was assessed first, then removed. The IRS charged the penalty during processing, sent you a balance-due notice like the CP14, and only reversed it after your request was approved. Interest accrued on the penalty until it was abated (though when abated, the interest on that penalty came off too).
• Eligibility: a clean compliance history — the same return type filed on time and tax paid for the prior 3 years, with no penalties in that window (other than the estimated tax penalty), or penalties that were abated for reasonable cause or IRS error.
• Covered penalties: failure to file, failure to pay, and failure to deposit — the same three AEP now covers.
• The knowledge tax: the program lived in the Internal Revenue Manual, the IRS's internal procedures guide. Taxpayers with representation got it routinely; unrepresented taxpayers usually never heard of it.

If you're facing penalties from an unfiled return or a missed deadline right now, FTA is still the mechanism you'd use today for older tax years — AEP does not apply retroactively to prior-year penalties.

What the new rules are: Automatic Exemption from Penalty (AEP)

How it works

• Automatic — no request, no form, no phone call. The IRS checks your compliance history systemically when your original return finishes processing. If you qualify, eligible penalties are simply never assessed.
• You get a confirmation notice. The IRS mails a letter stating that although you filed late, paid late, or missed a deposit, the applicable penalties were not assessed due to your history of timely compliance.
• No penalty means no interest on the penalty. This is a real financial improvement over FTA: because the penalty never exists, interest never accrues on it. You still owe interest on the underlying tax.

Who qualifies

• You timely filed the same return type for the prior 3 years (or 12 consecutive quarters for quarterly returns like Form 941), and
• You paid any tax due in those periods, and
• No penalties were assessed in the lookback window (the estimated tax penalty doesn't count against you), or any that were assessed were abated for reasonable cause or IRS error. For business deposit penalties, the failure-to-deposit penalty can't have been waived 4 or more times in the lookback period.

Which returns are eligible

The IRS has named these return series as eligible for AEP:

• Form 1040 — individual income tax
• Form 1065 — partnership returns
• Form 1120 — corporate returns
• Forms 940, 941, 943, 944, 945, CT-1 — employment and payroll tax returns

Which penalties are covered

• Failure to file — IRC § 6651(a)(1) for individuals; § 6698(a)(1) for partnerships; § 6699(a)(1) for S corporations. Normally 5% per month, up to 25%.
• Failure to pay — IRC § 6651(a)(2) (tax not paid by the due date) and § 6651(a)(3) (tax not paid after notice and demand). Normally 0.5% per month, up to 25%.
• Failure to deposit — IRC § 6656 (payroll tax deposits made late, short, or in the wrong manner).

The timeline: when each phase kicks in

The transition trap: qualifying taxpayers will still get penalty notices in 2026

This is the part the IRS's own announcement concedes and most coverage buries: during the phase-in, some taxpayers who fully qualify for AEP will still receive penalty notices for tax year 2025 returns and 2026 quarterly returns, because their return processed before the automation reached it.

If that's you, the relief does not apply itself. Here's the playbook:

1. Don't just pay the notice. Verify first. Pull your account transcript at IRS.gov and confirm your prior 3 years show timely filing, timely payment, and no penalties.
2. Call the number on the notice and say you're requesting First Time Abatement based on a clean 3-year compliance history. Under IRM 20.1.1.3.6.1, if the conditions are met, abatement is mandatory — not discretionary.
3. If phone doesn't resolve it, file Form 843 (Claim for Refund and Request for Abatement) with a short statement of your compliance history.
4. Confirm the interest came off too. When a penalty is abated, the interest that accrued on that penalty must also be removed — check the adjusted notice or transcript.

And watch the downstream effects: an unexpected penalty balance that goes unaddressed follows the normal collection escalation — CP14 → CP501 → CP503 → CP504 → LT11 — and can even destabilize an existing payment plan (a new balance is a classic trigger for a CP523 installment agreement default). Handle the notice when it arrives.

Strategy: don't burn your AEP if reasonable cause fits

Here's the sophisticated angle practitioners are already debating. AEP, like FTA before it, is effectively a once-per-lookback-period card — once it's used, a penalty in the following 3 years won't qualify for clean-history relief.

Reasonable cause relief is different. It's based on your facts and circumstances — serious illness, death in the family, natural disaster, records you couldn't obtain despite ordinary business care. It's unlimited: you can qualify any year your facts support it, and a penalty abated for reasonable cause doesn't break your clean-history streak.

The strategic implication: if you have a genuine reasonable cause case, use it — and save your clean-history relief for a year when you have no excuse. The National Taxpayer Advocate has publicly recommended the IRS apply reasonable cause instead of AEP whenever the facts support it, and the AICPA has asked the IRS to let taxpayers reverse an automatically-applied abatement for exactly this reason. Until the IRS builds that option into the system, the burden is on you (or your representative) to raise reasonable cause affirmatively when it applies.

For the full mechanics of reasonable cause documentation — and a real case where $15,500 in penalties came off — see our complete guide to IRS penalty abatement.

Why the IRS is doing this now

Three forces converged:

• Advocacy pressure. The National Taxpayer Advocate has pushed for automatic FTA for years, and announced the IRS's intention at the AICPA National Tax Conference in November 2025. The AICPA separately lobbied in March 2026 to expand and improve the FTA program.
• Resource reality. With the IRS workforce dramatically smaller after the 2025 reductions (26,000+ employees gone), every phone call requesting routine relief that's granted 90%+ of the time is a call the agency can no longer afford to staff. Automating routinely-granted relief conserves people for cases that need judgment.
• Fairness optics. Under the request-based system, represented taxpayers got relief routinely while unrepresented and low-income taxpayers paid penalties they didn't owe. Automatic application treats identically-situated taxpayers identically.

Old rules vs. new rules: FTA vs. AEP side by side

Frequently asked questions