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March 24, 2023
Question

Form 2210 underpayment penalty wavier due to disaster area?

  • March 24, 2023
  • 1 reply
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I have the underpayment penalty for 2022. However, IRS had declared my county as disaster area earlier in 2023 (due to rain storms in 2022). I am thinking to request the underpayment penalty wavier because of this disaster area declaration.  What is the likelihood that IRS approves the underpayment wavier?

1 reply

March 24, 2023

If you have an underpayment penalty and reside in a federally declared disaster area, the IRS will determine this and apply the waiver.  You should not fill out form 2210.  Instead, you will send your return in and let the IRS make the calculations. You can pay the amount assuming the penalty will be waived, especially if you have documentation that you were affected by the disaster.  The instructions clearly state that if it was due to a disaster the underpayment will be waived.  So, to answer your question, it is a good chance it would be waived. 

 

"Federally declared disaster. Certain estimated tax payment deadlines for taxpayers who reside or have a business in a federally declared disaster area are postponed for a period during and after the disaster. During the processing of your tax return, the IRS automatically identifies taxpayers located in a covered disaster area (by county or parish) and applies the appropriate penalty relief. Don't file Form 2210 if your underpayment was due to a federally declared disaster. If you still owe a penalty after the automatic waiver is applied, the IRS will send you a bill"  Form 2210 Instructions

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