What This Notice Means
The IRS charged your partnership or S corporation a penalty. A CP162C covers several problems:
- The return was filed late.
- The return was incomplete.
- The partnership didn't file its partnership tracking report.
- The return wasn't filed electronically when it was required to be.
Your notice tells you which one applies. Start there.
What to Do
If you agree, pay the full amount by the date on the notice to stop more interest from building.
If information was missing, send it now. The missing-information penalty is charged for each person who was a partner or shareholder during the year, for each month the information stays missing, for up to 12 months. Mail it to the IRS office where you filed the return.
If You Disagree
An authorized officer or partner can call the number on your notice in these situations:
- Late filing, but you filed on time. Be ready to fax proof, such as a timely extension or proof of timely mailing.
- Missing information that wasn't required. Be ready to explain why. Required information is whatever the return instructions list as required.
- No e-file, but the partnership wasn't required to e-file or had a waiver. Have the waiver or proof of the number of partners ready.
Reasonable Cause
If the penalty was correct but the entity had a good reason, you can ask for abatement in writing. For a late return, mail an explanation to the IRS office where you filed. For missing information, send the explanation with the missing information, signed under penalty of perjury. The IRS will tell the entity whether it accepts.
Small partnerships with 10 or fewer partners may qualify for relief from the late filing or missing-information penalty under Revenue Procedure 84-35. All partners must be natural persons (not nonresident aliens) or their estates, each partner's share of every item must be the same, the partnership can't have elected into the consolidated audit proceedings rules, and every partner must have reported their share on a timely return. A married couple filing jointly counts as one partner.
If you qualify, return the notice with a statement signed under penalty of perjury. A materially false statement allows the IRS to reassert the penalty and add a false statement penalty.
If your business received a CP162C and you want help getting the penalty removed, call us at (813) 229-7100.