Relief for Late Payment Penalties

Usually, a filing extension does not give you more time to pay your taxes. But this is a different year. Because the American Taxpayer Relief Act of 2012, enacted on January 2, 2013, delayed the issuance of a number of IRS publications and the ability to file certain tax forms at the start of the tax season, the IRS is providing tax payment relief.

A taxpayer who requests a filing extension for a 2012 income tax return that includes one of the delayed forms is deemed to have demonstrated reasonable cause and lack of willful neglect with respect to properly estimating the tax liability on the extension application. As a result, no penalty will be imposed on any tax owed on the return as long as it is fully paid no later than the extended due date of the return. However, interest still applies to tax payments made after the original deadline.

The forms and schedules that were delayed were:

• Form 3800, General Business Credit
• Form 4136, Credit for Federal Tax Paid on Fuels
• Form 4562, Depreciation and Amortization (Including Information on Listed Property)
• Form 5074, Allocation of Individual Income Tax to Guam or the Commonwealth of the Northern Mariana Islands
• Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations
• Form 5695, Residential Energy Credits
• Form 5735, American Samoa Economic Development Credit
• Form 5884, Work Opportunity Credit
• Form 6478, Alcohol and Cellulosic Biofuels Credit
• Form 6765, Credit for Increasing Research Activities
• Form 8396, Mortgage Interest Credit
• Form 8582, Passive Activity Loss Limitations
• Form 8820, Orphan Drug Credit
• Form 8834, Qualified Plug-in Electric and Electric Vehicle Credit
• Form 8839, Qualified Adoption Expenses
• Form 8844, Empowerment Zone and Renewal Community Employment Credit
• Form 8845, Indian Employment Credit
• Form 8859, District of Columbia First-Time Homebuyer Credit
• Form 8863, Education Credits (American Opportunity and Lifetime Learning Credits)
• Form 8864, Biodiesel and Renewable Diesel Fuels Credit
• Form 8874, New Markets Credits
• Form 8900, Qualified Railroad Track Maintenance Credit
• Form 8903, Domestic Production Activities Deduction
• Form 8908, Energy Efficient Home Credit
• Form 8909, Energy Efficient Appliance Credit
• Form 8910, Alternative Motor Vehicle Credit
• Form 8911, Alternative Fuel Vehicle Refueling Property Credit
• Form 8912, Credit to Holders of Tax Credit Bonds
• Form 8923, Mine Rescue Team Training Credit
• Form 8932, Credit for Employer Differential Wage Payments
• Form 8936, Qualified Plug-in Electric Drive Motor Vehicle Credit

If you rely on this relief but receive an assessment letter nonetheless, respond with a letter claiming relief under Notice 2013-24.

Source: IR-2013-31; Notice 2013-24