Guide to IRS Form 843: Claim for Refund and Request for Abatement

Updated on February 6, 2024

At a Glance

  • IRS Form 843 is utilized for claiming refunds or requesting abatements on overpaid non-income taxes, penalties, fees, or interest.
  • It applies in scenarios like incorrect penalty assessments, employment tax corrections, specific credits, and trust fund recovery penalties.
  • To complete, provide personal and tax details, reason for the claim, attach evidence, and submit as per IRS guidelines.
  • Always review IRS instructions or seek a tax professional’s advice to ensure precision.

Encountering overpaid taxes can be frustrating, but IRS Form 843 provides a solution. This form is your ticket to rightfully claiming a refund or requesting a tax abatement.

What Is IRS Form 843?

IRS Form 843 is the gateway for taxpayers to correct tax overpayments or to request abatements for certain taxes, penalties, fees, or interest.

When to Use Form 843

Here are some circumstances when a person or entity might need to complete this form:

  1. Refund of Certain Taxes: If you believe you have overpaid taxes such as gift taxes, estate taxes, certain excise taxes, or other non-income taxes, you can file Form 843 to claim a refund.
  2. Penalty Abatement: If you received a penalty from the IRS and believe that the penalty was assessed in error or there is a reasonable cause for abatement, you can request an abatement of the penalty using Form 843.
  3. Interest Abatement: In limited cases, such as certain errors or delays caused by an IRS employee, you might be eligible for an abatement of interest. It is more difficult to qualify for interest abatement, and specific criteria must be met.
  4. Employment Tax Adjustments: If you are correcting employment taxes due to a mistake, such as FICA taxes, and it does not fit under the Form 941-X adjustments, you might use Form 843.
  5. Certain Refundable Credits: Sometimes, specific refundable credits that are not processed in a normal tax return may require Form 843 to claim them.
  6. Trust Fund Recovery Penalty: Individuals who have had the Trust Fund Recovery Penalty assessed against them and believe it was in error may use Form 843 to request a refund or abatement.
  7. Bad Debt Deduction for Worthless Securities: This is for situations involving a deduction for a bad debt or a loss from worthless securities.
  8. Fee Refund: If you believe that you’ve been incorrectly charged certain fees, like the fee for issuing a Notice of Determination Concerning Your Request for Relief From Joint and Several Liability Under Section 6015(b), (c), or (f), you can request a refund.

Each of these situations has specific requirements and may be subject to additional rules. The IRS instructions for Form 843 provide detailed guidance on when and how to file for each type of claim.

How to Fill Out Form 843

Here is a general step-by-step guide on how to complete IRS Form 843:

1. Obtain the Form

First, download the form from the IRS website or get a copy from a local IRS office.

2. Provide Your Information

  • Line 1: Fill in your name as shown on the tax return.
  • Line 2: Include your Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN). If you are filing for a business, include the Employer Identification Number (EIN).

3. Enter Address Details

  • Line 3: Write your current mailing address.

4. Specify the Tax Period

  • Line 4: Enter the date or tax period related to the tax, penalty, interest, or fee you want to be refunded or abated.

5. Specify the Type of Tax or Fee

  • Line 5: Indicate the type of tax or fee you are referring to. This might be employment tax, excise tax, etc.

6. State the Reason for the Claim

  • Line 5a-5b: You need to explain why you believe you are entitled to a refund or abatement.

7. Indicate the Amount

  • Line 6: Write down the dollar amount you are claiming.

8. Provide the Required Documentation

Attach any documentation that supports your claim, such as canceled checks, amended returns, or notices from the IRS.

9. Original Return Information

  • Line 7: If you’re claiming a refund, indicate whether you’ve filed a tax return for the tax you’re referring to.

10. Detailed Explanation

  • Line 7a: Include a concise yet complete statement of your grounds for filing this claim. This explanation must contain all facts that apply.

11. Prior IRS Communications

  • Line 7b: If you’ve already addressed this issue with the IRS, mention when and how the communication took place.

12. Additional Claims

If you are making more than one claim on this form, attach a statement that includes the same information for each additional claim.

13. Sign and Date the Form

  • Line 8: Sign and date the form. If you are filing as a couple, both parties must sign.

14. Representative Information

  • Line 9: If someone is representing you in this claim, their information must be included.

15. Filing the Form

After completing the form and attaching all necessary documentation, mail it to the IRS at the address provided in the Form 843 instructions for the type of tax or fee you’re addressing.

Things to Remember

  • Follow the specific instructions for each line on the form.
  • Attach supporting documentation for your claim.
  • Keep copies of everything you submit to the IRS for your records.
  • Understand that Form 843 is not for income tax-related claims unless specified in the instructions.

It’s essential to consult the instructions for Form 843 and possibly seek advice from a tax professional to ensure that the form is completed accurately and the claim is legitimate. Errors or incomplete forms can delay the processing of your claim.

Supporting Documentation

Here are some common types of documentation that might be required:

  1. Overpayment of Taxes: Copies of canceled checks, tax return transcripts, or other IRS documents that show you have paid more than you owe.
  2. Penalty Abatement: A written statement explaining why you believe you meet the criteria for abatement, including any relevant facts, law, or authority, along with any supporting legal documents, correspondence, logs, or medical records that substantiate your claim for reasonable cause.
  3. Interest Abatement: Evidence supporting the claim that any IRS errors or delays directly caused an extended period of time for resolution, resulting in the interest you are seeking to have abated.
  4. Refundable Credits: Documentation that supports your eligibility for the claimed credit(s), such as receipts, financial records, or other pertinent information.
  5. Erroneous Written Advice from the IRS: If your claim is based on erroneous written advice from the IRS, you must include the original request for advice and a copy of the erroneous written advice.
  6. Adjustment for Employment Taxes: If the claim pertains to employment taxes, you should provide documents like prior tax returns, corrected amounts of tax liability, and computations showing the corrected tax.
  7. Trust Fund Recovery Penalty: Documents that show why the penalty should not have been assessed against you, such as proving that you were not responsible for withholding, accounting, or depositing the taxes.
  8. Claims Involving Fees: Receipts or notices showing the fee that was assessed and any correspondence leading up to the fee being charged.
  9. Specific Issues or Taxes: If your claim involves specific issues, such as the excise tax or other less common taxes, you should include the relevant forms, schedules, and other documentation related to the tax payment or tax issue.
  10. Proof of Timely Filing or Payment: If your claim includes an assertion that something was filed or paid on time, provide postmarked envelopes, registered mail receipts, or electronic transmission confirmations.
  11. Official Correspondence: Any letters or notices from the IRS that relate to the claim, such as a notice of deficiency or a notice of penalties.

For each claim, the IRS Form 843 instructions and relevant IRS publications or guidance documents will outline what specific documentation is required. It is important to follow these instructions carefully to ensure that your claim is not delayed or denied due to inadequate documentation. If you’re uncertain about what to include, it may be beneficial to consult with a tax professional.

Tips for a Successful Form 843 Submission

When completing IRS Form 843, “Claim for Refund and Request for Abatement,” it is crucial to provide accurate and detailed information to support your claim. Below are some tips that are specific to completing this form successfully:

  1. Read the Instructions Thoroughly: Before you begin filling out the form, read the IRS instructions for Form 843 carefully. The instructions outline specific situations where the form should be used and provide detailed information on how to complete each line.
  2. Fill Out the Form Completely: Do not leave any fields blank that apply to your situation. Incomplete forms can lead to processing delays or outright denial of your claim.
  3. Be Precise and Clear: When explaining the reasons for your claim, be concise but provide enough detail to make a clear argument. Avoid vague language and ensure your explanation aligns with IRS regulations and guidelines.
  4. Use Additional Sheets if Necessary: If you need more space to provide a complete explanation or to list additional claims, attach separate sheets. Ensure that your name and tax identification number are on each additional sheet, and indicate clearly which part of the form you are continuing.
  5. Document Everything: Attach all necessary documentation to substantiate your claim. This can include legal documents, letters of explanation, relevant tax records, payment receipts, IRS correspondence, and any other proof that supports your case.
  6. Consult Relevant Tax Publications: Review any IRS publications relevant to your specific tax situation for guidance on what the IRS looks for when evaluating claims.
  7. Ensure Proper Timing: Some claims, particularly requests for penalty abatement, must be made within a certain timeframe. File the form within the appropriate time frame after payment of the tax, penalty, or other charges.
  8. Check for Recent Law Changes: Tax laws change frequently. Make sure that your claim is based on the most current tax laws and IRS procedures.
  9. Sign and Date: Don’t forget to sign and date the form. An unsigned form is not valid and will not be processed.
  10. Review Before Sending: Double-check your form and accompanying documentation for accuracy and completeness before mailing it to the IRS.
  11. Keep Copies: Always keep a copy of the form and all supporting documentation for your records. It’s also a good idea to send the form via certified mail so that you have proof of the date it was mailed.
  12. Know Where to File: The mailing address for Form 843 can vary based on the type of tax and where you live. Refer to the instructions for the correct address.
  13. Follow Up: If you do not receive a response from the IRS within the expected timeframe, you may need to follow up to check the status of your claim.

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Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.