Avoid the IRS Failure to Pay Penalty – 5 Ways to Fix Your Unpaid Taxes Fast!

If you owe taxes but haven’t paid them yet, you may be facing the IRS Failure to Pay Penalty. This penalty adds 0.5% of your unpaid taxes per month, up to 25% of the total balance . Worse, interest accrues daily on top of that, increasing your overall tax burden. Ignoring unpaid taxes can lead to severe IRS collection actions, including tax liens, levies, and even wage garnishments. It’s important to remember that April 15 is the deadline for filing and paying taxes each year. Missing this deadline without filing an extension can trigger penalties and interest charges that quickly add up.

Many taxpayers, both individuals and business owners, find themselves overwhelmed by tax debt and unsure of how to resolve it. The good news? The IRS provides multiple solutions to help you fix unpaid taxes fast and avoid additional penalties. This guide outlines five effective ways to resolve tax debt quickly and get back into compliance with the IRS.

1. File Your Taxes On Time 

One of the biggest mistakes taxpayers make is not filing their tax return when they cannot afford to pay. However, not filing is actually worse than not paying. The IRS imposes a Failure to File Penalty of 5% per month (capped at 25% of the unpaid tax amount), which is ten times higher than the Failure to Pay Penalty. According to the IRS Data Book, in fiscal year 2023, over $40 billion in failure-to-file penalties were assessed, impacting millions of taxpayers. This underscores the importance of filing on time, even if full payment isn’t possible.

For businesses, timely filing is critical. Companies that fail to file payroll tax returns (Form 941) face Trust Fund Recovery Penalties, which can hold business owners and officers personally liable for unpaid payroll taxes.

Steps to Take Right Now

• File your return immediately, even if you can’t pay the balance. This prevents the Failure to File Penalty, which accumulates much faster than the Failure to Pay Penalty.

• If you missed the deadline, file as soon as possible to stop additional penalty accrual.

• If you need more time, apply for an IRS tax extension (Form 4868 for individuals, Form 7004 for businesses). However, be aware that an extension only grants additional time to file, NOT to pay.

• For businesses, ensure all required payroll tax forms and corporate tax returns are submitted on time to avoid unnecessary penalties.

By filing promptly, you eliminate one of the largest IRS penalties and reduce overall IRS debt while focusing on addressing tax payment solutions.

2. Pay What You Can Immediately

Even if you can’t pay the full tax balance, making a partial payment immediately can reduce penalties and interest significantly. The IRS Failure to Pay Penalty is calculated based on the unpaid balance, meaning any reduction in that balance will lower ongoing penalties and interest accrual

Additionally, interest on unpaid taxes is charged daily at the federal short-term rate plus 3% (IRS Interest Rates). Over time, this can add thousands of dollars to an already overwhelming debt. Delaying payment only increases the overall amount owed, making it harder to settle with the IRS.

 Immediate Actions to Reduce Your Tax Burden

• Make a payment today, even if it’s small. The IRS applies payments to the oldest tax year first, reducing penalties on that balance.

• Use available cash flow or savings to reduce the unpaid amount. Prioritizing tax payments over non-essential expenses prevents further financial strain.

• For businesses, ensure that payroll tax deposits are made, as missing these can lead to immediate IRS enforcement actions.

• Consider financing options, such as:

• Personal loans or business lines of credit

• 0% APR credit cards (if financially viable)

• Home Equity Line of Credit (HELOC) (for large tax debts)

• IRS Short-Term Payment Extension (120 days) (IRS Payment Options)

• Be cautious: compare interest rates, as IRS penalties often exceed standard loan interest costs (CNBC Report).

• Use the IRS Online Payment System to make same-day payments and avoid processing delays.

Struggling with unpaid taxes? Our expert tax attorneys help reduce penalties, negotiate IRS payment plans, and stop liens & levies. Call at (888) 342-9436 for a free consultation!

3. Set Up an IRS Payment Plan 

If you can’t pay your full tax balance, the IRS offers Installment Agreements, allowing you to pay off your debt over time while reducing the Failure to Pay Penalty from 0.5% per month to 0.25%. Setting up a payment plan also prevents aggressive IRS collection actions, such as Tax liens, Bank levies, and wage garnishments. Once an agreement is in place, the IRS generally will not take enforcement action as long as you make timely payments.

How to Apply for an IRS Payment Plan

• For debts under $50,000, apply for an Online Payment Agreement via the IRS website.

• For debts over $50,000, you may need to submit Form 9465 and provide financial disclosure forms.

• For businesses, payment plans are available for debts under $25,000 if paid within 24 months.

• Ensure you set up automatic payments to stay compliant and avoid default.

By establishing an Installment Agreement, you gain control over your tax debt and prevent escalating penalties. If you need assistance setting up a payment plan, consulting J David Tax Law can help ensure you get the best possible terms.

4. Explore IRS Hardship & Settlement Programs

If you’re experiencing financial hardship, the IRS offers two key relief programs to help taxpayers manage their debt:

Offer in Compromise (OIC)

This program allows you to settle your tax debt for less than the full amount owed. It’s designed for taxpayers who cannot pay their tax liability in full or doing so would create a financial hardship.

Eligibility Criteria:

• Filing Compliance: You must have filed all required tax returns and made all necessary estimated tax payments.

• Bankruptcy Status: You cannot be in an open bankruptcy proceeding.

• Financial Evaluation: The IRS will assess your income, expenses, asset equity, and overall ability to pay. They may accept an Offer In Compromise if there’s doubt as to the collectibility of the debt or if collecting the full amount would cause economic hardship.

Application Process:

• Pre-Qualifier Tool: Before applying, use the IRS’s Offer in Compromise Pre-Qualifier Tool to confirm your eligibility.

• Form Submission: Complete and submit Form 656, along with the $205 application fee and initial payment. Low-income taxpayers may qualify for a waiver of these fees.

• Review Period: The IRS typically takes several months to evaluate an OIC application. During this time, you must remain compliant with all filing and payment requirements.

The IRS accepts a limited number of OICs each year. For instance, In 2023, the IRS accepted only 12,711 out of 30,163 Offer in Compromise applications—a 42% acceptance rate. To improve your chances of approval, consult with our experienced tax lawyers today.

Currently Not Collectible (CNC) Status

If you can’t pay any of your tax debt without affecting your ability to meet basic living expenses, the IRS may temporarily delay collection until your financial condition improves.

Eligibility Criteria:

• Financial Hardship: You must demonstrate that paying your tax debt would prevent you from covering basic living expenses.

• Asset Evaluation: The IRS will review your assets and income to determine if you qualify for CNC status.

CNC status is not permanent. The IRS will periodically review your financial situation to determine if you can resume payments. While in CNC status, your debt will continue to accrue interest and penalties. Any future tax refunds may be applied to your outstanding debt.

5. Request IRS Penalty Relief 

If you have a history of tax compliance, you may qualify for IRS penalty abatement, which allows taxpayers to reduce or eliminate penalties on their unpaid taxes. The IRS offers First-Time Penalty Abatement (FTA) and Reasonable Cause Penalty Relief for those who qualify.

How to Qualify for Penalty Abatement

• First-Time Penalty Abatement (FTA):

• Must have no prior penalties in the past three years.

• Must be current on all tax filings and payments.

• Available for Failure to File, Failure to Pay, and Failure to Deposit penalties.

• Reasonable Cause Penalty Relief:

• Granted if you can prove circumstances beyond your control prevented timely payment or filing (e.g., illness, natural disasters, incorrect IRS advice).

• Requires supporting documentation (e.g., medical records, legal documents).

How to Request Penalty Abatement

To request a First-Time Penalty Abatement, call the IRS at 1-800-829-1040. If you have a reasonable cause for late payment, you can also submit a written request explaining your situation. Additionally, if you are seeking penalty relief for reasons beyond First-Time Abatement, you should file Form 843 with the IRS.

If successful, penalty abatement can save you thousands of dollars and help reduce your tax debt burden significantly.

Why Paying Taxes Late Isn’t the Only Penalty to Worry About

Most taxpayers know about the Failure to Pay Penalty, but many don’t realize that the IRS can also penalize you for not paying enough taxes throughout the year. This Underpayment Penalty often affects self-employed individuals, business owners, and those with variable income who don’t make estimated payments. The IRS expects taxes to be paid as you earn, either through paycheck withholding or quarterly estimated tax payments. If you don’t pay at least 90% of your current year’s tax bill or 100% of last year’s tax (110% for high earners), the IRS may charge an underpayment penalty—even if you pay the full amount by April. 

This penalty accrues daily, based on the federal short-term interest rate plus 3%, adding to your tax burden. It can be avoided by adjusting your W-4 withholding, making quarterly estimated payments, or qualifying for a penalty waiver due to reasonable cause, such as financial hardship or unexpected circumstances. Ignoring this penalty can make tax debt even harder to manage, so it’s important to plan ahead and ensure you’re paying enough throughout the year.

Conclusion:

Dealing with unpaid taxes can be stressful, but ignoring them will only make matters worse. The IRS imposes strict penalties for both late payments and underpayments, which add to your overall tax debt. However, by taking action, whether by filing on time, making partial payments, setting up an installment plan, or exploring penalty relief options, you can reduce the financial impact and avoid aggressive IRS collection efforts.

The key is to act as soon as possible. If you are struggling with tax debt, understanding your options and seeking professional guidance can help you regain control and prevent further penalties. Do not wait until the IRS takes action. Take the first step toward resolving your tax situation today.