AEP does not use an application, separate request, or Form 843. When it applies, the IRS does not assess the covered penalty and sends a notice explaining the automatic relief.
When AEP can apply
The IRS is rolling out AEP in summer 2026 for eligible original returns. The IRS lists Forms 1040, 1065, 1120, 940, 941, 943, 944, 945, and CT-1 as return series considered under the program. Relief begins with eligible 2025 tax-year returns and 2026 quarterly returns.
The taxpayer must have the required timely-compliance history for the same return type: generally the prior three years or 12 consecutive quarters. Additional conditions apply, especially to business deposit penalties.
What AEP covers
AEP can prevent certain failure-to-file, failure-to-pay, and failure-to-deposit penalties from being assessed. It does not apply to every penalty. The IRS specifically excludes categories such as daily delinquency, accuracy-related, and information-return penalties from AEP.
AEP does not eliminate the underlying tax or interest. It also does not excuse future filing, payment, deposit, or information-reporting obligations.
What if the IRS assessed a penalty?
Read the notice and compare the tax period and penalty with the current IRS administrative-relief page. If you believe AEP should have applied, call the number on the notice and ask the IRS to review the account. Follow any response deadline on the notice.
During the transition, First Time Abate (FTA) remains available for certain earlier periods and for some 2025 or 2026 returns processed before AEP begins for that return. Those FTA cases still require the taxpayer to contact the IRS.
What if I do not qualify?
You may still request relief based on reasonable cause, a statutory exception, or another administrative waiver when the penalty allows it. The IRS may handle some requests by phone; otherwise it may require a written statement or Form 843. A denied written request may carry appeal rights.
Official sources
- IRS — administrative penalty relief
- IRS — Automatic Exemption from Penalty facts
- IRS — reasonable-cause relief