[Editor's Note: This article was originally published in November 2011 but has been updated for accuracy and comprehensiveness in 2026.]
The IRS just made one of the most taxpayer-friendly changes in decades. Under the new Automatic Exemption from Penalty (AEP) program, the IRS will automatically waive certain failure-to-file, failure-to-pay, and failure-to-deposit penalties for taxpayers with a clean three-year compliance history, no phone call, no letter, no request required.
That's great news. But here's what the headlines aren't telling you: AEP only helps taxpayers who haven't had penalty problems before. If you already owe back taxes, have missed filings in recent years, or are watching penalties and interest pile up month after month, this automatic program likely won't apply to you, and waiting on it could cost you thousands.
Here's how AEP works, who qualifies, and what your options are if you don't.
AEP is a new IRS administrative relief program, rolling out in summer 2026, that replaces the long-standing First Time Abate (FTA) waiver. Under the old FTA process, taxpayers with a clean compliance history could get certain penalties removed, but only if they knew to ask. The National Taxpayer Advocate has estimated that roughly a million eligible taxpayers each year never requested the relief they qualified for.
AEP fixes that by flipping the process: instead of waiting for you to request relief, the IRS system automatically checks your compliance history when your return is processed and suppresses eligible penalties before they're ever assessed.
Key facts about the program:
> No action required. If you qualify, relief is applied automatically during return processing.Eligibility comes down to one thing: your compliance history for the prior three years (or 12 consecutive quarters for quarterly business filers). To qualify, you must have:
If you check all three boxes and then slip up once, file late, pay late, or miss a payroll deposit, the IRS will waive the penalty automatically.
| Covered by AEP | NOT Covered by AEP |
|---|---|
| Failure-to-file penalty | Underpayment of estimated tax penalty |
| Failure-to-pay penalty | Accuracy-related and fraud penalties |
| Failure-to-deposit penalty (payroll/employment taxes) | Interest on your tax debt |
AEP applies to the most common individual, business, and employment tax filings, including Forms 1040, 1065, 1120, 940, 941, 943, 944, 945 and CT-1. It does not apply to information returns or transaction-based filings like estate tax returns (Form 706) or gift tax returns (Form 709).
This is the part that matters if you're already in trouble with the IRS.
AEP is built for taxpayers with a spotless recent record who make a single mistake. It is not built for taxpayers who:
If that describes your situation, the penalties on your account today aren't going anywhere on their own. The failure-to-pay penalty alone accrues at 0.5% of your unpaid tax every month, up to 25% of the total, and interest compounds daily on top of it. The longer you wait, the bigger the problem gets.
Not qualifying for AEP does not mean you're stuck with your penalties. It means you need a different path, and this is where experienced representation makes a measurable difference:
Reasonable cause abatement. If circumstances beyond your control caused you to file or pay late , a serious illness, a natural disaster, a death in the family, records destroyed, bad advice from a professional, the IRS can remove penalties based on your specific facts. These requests are reviewed case by case, and how the request is documented and argued often determines whether it's granted. Requests are typically made by phone, written statement, or Form 843, Claim for Refund and Request for Abatement.
First Time Abate during the transition. The IRS is phasing FTA out gradually. If you have a clean three-year history but still receive a penalty notice for a 2025 return or 2026 quarterly return, the automated system may simply not have caught you yet. You (or your representative) can call the number on your notice and request First Time Abate manually.
Resolving the underlying debt. Penalty relief treats a symptom. If you owe tax you can't pay, options like installment agreements, offers in compromise, and currently-not-collectible status address the disease, and stopping the failure-to-pay penalty from growing often starts with getting into a formal resolution.
At Top Tax Defenders, we've spent decades helping taxpayers remove penalties, stop collections, and resolve IRS debt. If you've received a penalty notice, or you're watching penalties stack up on a balance you can't pay, contact us for a free consultation. We'll tell you exactly which relief options apply to your situation and handle the IRS so you don't have to.
AEP is a new IRS program, launching in summer 2026, that automatically waives failure-to-file, failure-to-pay, and failure-to-deposit penalties for taxpayers who filed and paid on time for the prior three years. It replaces the First Time Abate program, which required taxpayers to request relief.
No. If you qualify, the IRS applies the relief automatically while processing your return and mails you a notice confirming the penalties were not assessed. There is no form, phone call, or application.
The IRS begins phasing in AEP in summer 2026, starting with tax year 2025 returns and 2026 quarterly returns. It fully replaces First Time Abate for eligible returns with original due dates on or after January 1, 2027.
No. AEP only prevents certain penalties from being assessed. Interest on unpaid tax continues to accrue until the balance is paid in full, and you must still pay the underlying tax.
AEP requires a clean compliance history for the three prior years, so existing penalties or unfiled returns generally disqualify you. However, you may still qualify for reasonable cause abatement or other relief. A tax resolution professional can review your IRS transcripts and identify which options apply.
During the 2026 transition, the IRS system may not catch every eligible taxpayer. Call the toll-free number on your notice and request First Time Abate, or have a tax professional make the request for you.
Reasonable cause relief removes penalties when circumstances beyond your control, such as serious illness, natural disaster, or death in the family, prevented you from filing or paying on time. Requests can be made by phone, written statement, or Form 843, and the IRS evaluates each case on its specific facts.
Common individual, business, and employment returns qualify, including Forms 1040, 1065, 1120, 940, 941, 943, 944, 945, and CT-1. Information returns and transaction-based filings like estate (Form 706) and gift tax (Form 709) returns do not.