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Help With Penalty Abatement

What is Penalty Abatement?

Penalty abatement is the ending, reduction, or lessening of the penalties assessed against a taxpayer. Penalties become a part of the tax debt and often cause it to balloon out of control. Penalty abatement can make it easier for the taxpayer to resolve their back tax issue by lowering the total amount owed.

How does Penalty Abatement work?

Penalty Abatement comes by means of an administrative waiver provides relief from specific penalties under certain conditions. Not all fees are eligible for Penalty Abatement, but your Ohio IRS Tax Relief Attorneys know how to make sure that every possible penalty abatement option is thoroughly investigated.

First Time Abate

There are two categories of administrative waivers that may be issued for penalty abatement. The most common penalty abatement waiver is the “First Time Abate”. Just like the name sounds, this administrative waiver for penalty abatement is specifically for taxpayers who have a history of good compliance.

To qualify for “First Time Abate” penalty abatement, the taxpayer should have no penalties for the prior 3 tax years, or if there were penalties, they were not removed using the “First Time Abate”. The taxpayer should also be current and compliant

The following penalties may be eligible for penalty abatement with the “First Time Abate” administrative waiver:

  • Failure to file penalties
  • Failure to pay penalties
  • Failure to deposit penalties

It is even possible for the taxpayer to receive penalty abatement relief from one or more of these penalties on a single tax return during a single tax period.

It’s also good to remember that First Time Abate penalty abatement relief is considered regardless of the penalty amount, so high-dollar penalties do not rule out penalty abatement as an option.

Reasonable Cause Penalty Abatement

The second category of administrative waivers for penalty abatement are called “Reasonable Cause” waivers. These administrative waivers are less common than the “First Time Abate”. According to the IRS, reasonable cause is determined on a case by case basis considering all the facts and circumstances of your situation.

Qualifying reasons for penalty abatement based on reasonable cause vary widely and will depend on the penalty owed and the relating laws around that tax, but be aware that reasonable cause penalty abatement does not apply to certain penalties such as the estimated tax penalty.

When it comes to failure to file or pay penalties, you may qualify for penalty abatement if you demonstrate that you exercised ordinary care and prudence and were nevertheless unable to file your return or pay your taxes on time. If you received an accuracy-related penalty, you may qualify for penalty relief if you acted with reasonable cause and good faith. If you can show reasonable cause for failing to file accurate, timely information returns or payee statements, the IRS may consider penalty relief if you prove that you acted in a responsible manner both before and after the failure and there were significant mitigating factors with respect to the failure or the failure happened due to events beyond your control and that there were significant mitigating factors with respect to the failure or the failure happened due to events beyond your control.

Call your Ohio tax lawyer to talk about your options for a tax relief program

 

As you can see, we’ve got you covered if it has to do with IRS tax or Ohio tax. JMS Law is the premier Ohio tax law firm focused exclusively on IRS and Ohio tax. If you received a tax notice in the mail, call JMS law to discuss today. Call your Ohio tax lawyer at 330-331-7611 for a free case analysis today.

Request a free case analysis today.

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“No one will get you results like your Ohio tax lawyer at J. M. Sells Law. No one. I guarantee it. We have settled over $14,000,000 in taxes with a 99% success rate.”

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Schedule your free phone consultation today to discuss how you can get immediate relief from your Ohio or IRS tax situation. JMS Law is the premier Ohio Tax Law firm serving all locations in Ohio.

Our Process

Free Case Analysis

1-3 Days
Just because you owe tax doesn’t mean you should pay that amount in full. There’s a lot of tax relief options when facing crippling tax debt. As a proven Ohio tax lawyer, we don’t charge for a free case analysis to give you options.

Free Case Analysis

1-3 Days
Just because you owe tax doesn’t mean you should pay that amount in full. There’s a lot of tax relief options when facing crippling tax debt. As a proven Ohio tax lawyer, we don’t charge for a free case analysis to give you options.

Tax Resolution

2-4 Months
Your Ohio tax attorney will defend you against the government. With decades of experience navigating the complexities of tax law, your Ohio tax lawyer will negotiate a manageable tax resolution – saving you thousands.

Tax Freedom

4-6 Months
Working with an Ohio tax lawyer allows you to leverage our extensive experience and negotiating power to get the best possible tax solution. You’ll have the IRS or State off of your back for good when we close your case!

Our Practice Areas

IRS & Ohio Back Tax

Get Free from Ohio & IRS Back Tax Balances!

If you (or your business) owe money to the IRS or state of Ohio, we can remove penalties or even do a settlement. You have a lot of options.

IRS or Ohio Audit Representation

Get Representation During Tax Audits

The government has attorneys representing its interest. You need an Ohio tax lawyer to represent your interests during an Ohio or IRS tax audit.

Payroll Tax & Trust Fund Recovery Penalty

Get On Track With Payroll Taxes & the TFRP

Payroll taxes are the number one target of the government. We can get your payroll on track and avoid Trust Fund personal liability.

Remove Tax Liens & Stop Wage Garnishment

Stop wage garnishments and remove tax liens

If the government has garnished your wages or filed a tax lien against you, we can stop the garnishments and remove the tax lien.

Ohio CAT & Sales Tax

Stop Old CAT and Sales & Use Tax Collections

Maybe it’s been years since you’ve been in business but you are getting CAT and Sales & Use tax collection notices. We can stop those in their tracks.

Filing & Amending Tax Returns

Get Current & Compliant With Tax Filings

Have delinquent returns or need to amend a previously filed return? We are a full-service tax law firm and can handle that.

Guaranteed Results. Trusted. Local.

99% Success Rate

As a local and licensed Ohio tax lawyer, you know you will get results. We shoot straight and will tell you exactly what to expect.

Low Flat Rates

We have extensive experience and can tell you precisely what your flat rate legal fees will be for the best tax resolution.

Money Back Guarantee

If we don’t get the resolution that we tell you we can get, we will refund your entire legal fee – how’s the for a guarantee?

Local & Licensed

Josh is a real licensed Ohio tax lawyer with real Ohio offices – local to where you live and work. Don’t fall for out-of-state scams.

Real Clients. Real Results.

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Andrew and Stacy Paid $0 to the IRS

We got them on a Financial Hardship with the IRS and they didn’t have to pay anything back. We also got a $200 wage garnishment released.

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Wayne Saved $13,000

We did an IRS penalty abatement for Wayne and removed $13,000 in penalties. We also released a $4,000 bank levy.

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Jeff and Lorrain Settled $129,000 for only $6,600

We were able to do an IRS offer in compromise for $6,600 for their $129,000 total back tax debt!

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Brian Settled $6.7M for $49,000

Brian had a wage garnishment that we released and we successfully settled his multi-million dollar IRS back tax for a fraction of what he owed.

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Michelle Settled $77,000 with only $750 to the IRS

We were able to settle Michelle’s back tax of $77,000 with only $750 to the IRS. We were able to remove the tax lien too.

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Negotiated a State of Ohio Tax Case

We were able to negotiate a state of Ohio back tax case and get Don and Sue in compliance with the state.

Jirom Micael
Jirom Micael
2022-07-01
JM Sells Law really helped me with my tax case and ended up getting it closed very shortly after taking my case. The lawyers and staff are very responsive and hands on and I would definitely recommend them as well as work with them again! Thank you JM Sells Law for saving me and getting my case closed!
Anthony Riehle
Anthony Riehle
2022-06-13
I called Josh and explained my problem he gave me a fair price and as soon as I signed the paperwork they got to work. Exactly what was promised was delivered and no unexpected expenses.
Robert Chubb
Robert Chubb
2022-06-07
Josh and the Team stayed in Regular contact throughout the whole process. If there were any documents needed they walked me through step by step. They were honest and straightforward and I am happy to say they saved me tens of thousands of dollars through my Settlement with the IRS.
Martin Hill
Martin Hill
2022-05-30
First time I've used legal help, they made me feel comfortable and kept me in the loop of the process as things happened, very professional. I'm very satisfied with the results I received. I highly recommend using them.
Michael Curry
Michael Curry
2022-05-29
I recently contacted the JMSells team for help with hefty IRS back tax issues. Brad in the office was level headed and listened to me panic patiently. He scheduled a phone consult with Josh and pulled all the needed documents from the IRS in advance of the scheduled call. On the morning of the call he emailed to advise me that my +/- $28,000 back tax, penalty and interest assessment had aged off my account because of my less-than-skillful ignorant neglect. I have not had such liberating news in half a lifetime. (He also provided the ledgers from the IRS) The call with Josh was not needed. I thanked the team and went on with my life, far less burdened. I whole-heartedly recommend the JM Sells team despite not having officially engaged their services. They won’t try to create fear, and will always take the steady, seasoned approach. You will be treated respectfully and will be kept in the loop. Lots of tacky tax “fixers” out on the wild web, but few with the class act of JM Sells. If I ever need help again, I know where I’ll turn. There is a reason they have 4.9 stars on Google Reviews. They earned them.
John Anderson
John Anderson
2022-04-21
Outstanding job discussed my unique case they went back 15 years got all docs and went over options all were great and got 12k that IRS claimed written entirely off entirely . Thank you again!!!
R. Varney
R. Varney
2022-04-11
He got started on my case and it took about 4 months for him to get the IRS to agree that most of my tax debt should have been zeroed out. That was an amazing feeling getting that notice that they had agreed. I wasn’t worried though because Josh said he could appeal their decision if I had to – and he wouldn’t charge extra for that!
Jill C. Abeyta
Jill C. Abeyta
2022-04-08
Josh gave me a very fair price and even allowed me to make payments on it. Josh wasn’t the cheapest, but he wasn’t the most expensive I’ve seen either. But he was really fair with his price – and that he would let me make payments was awesome.
Theresa Hicks
Theresa Hicks
2022-04-07
When I had my call with Josh, they had already pulled my IRS stuff and were able to give me a full recommendation for how I should handle my IRS tax. I didn’t even know this but from his work on looking at my files, he found out that most of my IRS tax debt should have already been zeroed out. Josh said that it was over the statute of limitations which is like 10 years from the tax or something like that.

Frequently Asked Questions

I get that the case analysis is free, but how much is it going to cost me if I want to hire an Ohio tax lawyer??

Great question. And you are right – the case analysis is absolutely free. With the case analysis, we will be able to tell you exactly what your options are to resolve your tax situation – Josh will also be able to offer you a guarantee – he will get the results promised, or your money back. Typically, our clients pay a flat rate for legal fees of around $2000 – $6000. We also offer payment plans.

You guarantee results? I've never met an attorney that will guarantee results. Is that for real?

Yes – that is “for real.” Josh is not like other attorneys. He will put his money where his mouth is. As a local and licensed Ohio tax attorney, he understands that other firms or even out-of-state scams have left a bad taste in your mouth. He wants to earn your trust before he earns your business. During your free case analysis, Josh will tell you the results that he will guarantee. If we can’t deliver – we refund your money. Take a screen shot of this if you want – it is legally binding! 🙂

I've got a ton of advertising from out-of-state groups. Are you really in Ohio?

We hear this one a lot! Yes, we are physically located in the state of Ohio . . . Our office is in Wadsworth, which is just north of Columbus . . . about 20 minutes from Akron . . . about 40 minutes south of Cleveland. And we do cover the entire state! Josh was born and raised in Ohio . . . he went to school in Ohio . . . he complains about the Browns, got excited that that Cav’s “next year” finally arriving in 2016, and knows that if you don’t like the weather, wait a few minutes – – – it’s Ohio afterall!

What exactly is the free case analysis? What if I don't want to wait and need help now?

Yeah, that’s a great question. First, the case analysis is where we will pull your IRS or Ohio tax files – – – this pulls the curtain back on what the government has in your file. We will see exactly what your specific tax situation is and determine the best resolution for you. This process generally takes just a day or two. Once we have those files, Josh will review them and put together a report for you outlining his findings and recommendations. He will jump on a call with you to go over this and to answer any questions you may have. Josh will also tell you exactly what the flat rate legal fee would be if you wanted to hire us and exactly how much you are going to save in taxes (your savings is almost always higher than the legal fee). That is the “phase 1” as we call it – the free case analysis.

If you have a tax emergency (wage garnishment, audit, bank levy), we can start working on day 1 – Josh would just consolidate everything for you so your situation can be handled immediately. Generally, if you have a tax emergency, we can get it resolved within a day or two.

I've heard about the IRS fresh start program (offer in compromise tax settlement) - what is that exactly? Does Ohio have one too?

The IRS Fresh Start program was an initiative started years ago by the IRS to help taxpayers start over after large sums of back taxes. The Offer in Compromise is part of that program. With an IRS Offer in Compromise, we can submit a settlement offer to the IRS to permanently settle your back taxes. It is true that you can literally settle for pennies on the dollar. However, the IRS uses a very complex formula to determine what you should offer. Your offer is based on available net assets and your future income potential. Factors such as age, household size, and location all factor into this analysis. We submit a lot of these settlements for our clients with great success. Josh will be able to tell you if you likely qualify for a settlement . . . and if you are on the fence of qualifying, Josh knows legal ways to get your income and expenses where they need to be for qualification purposes.

Ohio has a similar program for back taxes too. If you have Ohio tax, this is definitely something that your Ohio tax attorney will look at to determine your best course of action.

What other options are there if I owe back tax?

Besides the Offer in Compromise (settlement), there is (1) financial hardship (the IRS closes your account and stops trying to collect), (2) installment agreements with penalty removal (we get $1,000’s in penalties removed and set up a long-term installment agreement that can be as long as 84 months), (3) amended returns/appeals (sometimes we can lower or eliminate the tax bill just by amending the return or filing an appeal), (4) innocent spouse relief (if it wasn’t your fault, but was your spouse’s fault, we can pursue that option for relief), and (5) Collection Statute Expiration Date (occasionally, you may be close to the statute of limitations date, so we can petition to have the tax removed if the IRS doesn’t remove it automatically).

Josh has a lot of experience determining the best course of action – whatever he decided with you will likely save you a ton of money in taxes. Best of all, he does the case analysis for free, so you will know ahead of time what your options are without having to pay a dime!

I'm under audit by the IRS or the State of Ohio. Can you help me?

YES! And the sooner you contact us, the better. There are many deadlines involved with audits. A lot of issues can be avoided the sooner you contact us. Sometimes, simply having an attorney involved with the process will get you better results because the government does not want to deal with appeals.

You do NOT have to talk to the government once we are involved with your audit. We will represent you on your behalf.

Please don’t put this off – if you are under audit, contact us immediately. Even if the audit is done, you have a very limited amount of time (generally less than 90 days) to file an appeal – – – YOU WANT TO FILE THE APPEAL! Please get a hold of Josh as soon as you can – the results will almost always be better.

I got a letter from the State of Ohio for CAT or Sales Tax. What should I do?

Well – you should call Josh 🙂

But seriously, get in touch with our firm. We handle these Ohio tax cases all the time. Likely you used to have a business and when you shut things down, the state didn’t know you shut down. So, as a “courtesy,” they filed estimated returns for you for the last 5-10 years and are just now telling you about them (they are so nice, no?).

Josh is able to get most of these wiped out for you. Call us today for a free case analysis.

What is your contact information? Phone? Email?

The quickest way to reach us is by phone – our direct number is 330-331-7611. If you need to email us, you can email the firm at info@OhioTaxAttorney.com or you can email a question directly to Attorney Josh Sells at joshua.sells@OhioTaxAttorney.com.

Our office address is:

1392 High St. Suite 200

Wadsworth, OH 44281

  • Full Review by Licensed Ohio Tax Lawyer
  • 30 Minute Tax Attorney Phone Call
  • Tax Savings vs. Legal Fee Analysis
  • Pull Your Actual Government Tax Files
  • Complete Report with Recommendations
  • Ohio Tax Lawyer Question & Answer Session

Join 1,000's of Ohio clients who have saved over $14M in taxes by working with an Ohio tax lawyer at J. M. Sells Law.

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