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Does the IRS waive penalties for the elderly that have forgotten to file their taxes?

Asked by vivcor  |  Jul 11, 2011

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My mother was recently diagnosed with dementia. When we contacted her accountant in April to have him file for an extension for 2010, we found that she had never filed her 2009 taxes. She requested the extension in April 2009, but never sent the information back to him to prepare the taxes. Is there some form that we can file with the IRS for a waiver of these penalties and interest?

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Rosanne Roge, Jul 18, 2011

Rosanne Rogé joined R.W. Rogé & Company, Inc. in January 1995. She is a graduate of C.W. Post - Long Island University. Ms. Rogé is certified by The Certified Financial Planners Board of Standards to use the professional certifications CFP and Certified Financial Planner. She is also a Certified Senior Advisor (CSA).

 

Yes, the IRS may waive a penalty on a failure to file if you can show reasonable cause for not filing on time and it is not due to willful neglect. You may wish to set up a payment plan for your past taxes if finances are an issue. For the future, have an accountant set up estimated tax payments so there is no problem going forward.

You can contact the IRS to find out exactly what paperwork may need to be filed or review their website (which is actually very easy to understand) at www.irs.gov. The topic is known as "Frequently Asked Questions for Past Due Return Filers." You can also contact your local IRS office at 1-800-829-1040.

 
 

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Carol Bradley Bursack, Jul 12, 2011

Over the span of two decades author, columnist and speaker Carol Bradley Bursack cared for a neighbor and six elderly family members. Because of this experience, Bradley Bursack created a portable support group, the book "Minding Our Elders: Caregivers Share Their Personal Stories."

 

I expect that you'd need documentation from a doctor, but hopefully this would be the case. The taxes would be owed, but because of a medical situation, they are late. Good luck and please check back so we know if you got help from the IRS - and some compassion.
Carol

 
 

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NancyH

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Jul 12, 2011

Call them. I have found them to be quite helpful.

 
 

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vivcor

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Jul 12, 2011

Thanks I will give them a call. Her neurologist has written a letter indicating that her condition would have impacted her financial dealings between 2009 to 2011.

 
 

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cmagnum

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Jul 18, 2011

My step-dad and mother hid the fact of their unpaid taxes from us until 2009. My aunt knew taxes had not been filed and paid since 2003, but did not see it as her place to tell me mom's POA. gggggggggrrrrrrrrrrrrrr relatives! It was quite a mess cleaning all of this up which included firing the so called friend of the family CPA who also knew these taxes were not filed. We did not get a break on penalties or interest. I hope you get some, but don't hold your breath.

 
 

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