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Compliance

Automatic Exemption from Penalty (AEP): What It Means for You

IRS is replacing First-Time Abate with Automatic Exemption from Penalty starting summer 2026—eligible taxpayers get relief automatically without having to apply.

By NomadicTax Research Team · 5-8 min read

Overview of the New AEP Program

Starting summer 2026, the IRS is phasing in the Automatic Exemption from Penalty (AEP), which will replace the First-Time Abate (FTA) program for eligible original returns with due dates on or after January 1, 2027. During the transition period, AEP will apply to original tax-year 2025 returns and 2026 quarterly returns. (irs.gov)

Taxpayers qualify if, for the three prior years (or 12 consecutive quarters for business/quarterly returns), they:

  • Filed required returns on time;
  • Paid taxes due on time;
  • Made required deposits on time (for businesses); and
  • Did not receive certain deposit penalties repeatedly. (irs.gov)

The relief covers failures to file, pay, or deposit—but not all penalties, such as accuracy-related penalties, daily delinquency, information-return penalties, or event-based/infrequent returns like estate (Form 706) and gift (Form 709) returns. (irs.gov)

Why This is Important

  • Lower burden: Previously, taxpayers had to be aware of First-Time Abate and request it; now, relief is automatic if eligibility criteria are met. (irs.gov)
  • Fairness: Everyone with a good compliance history gets the same benefit—whether self-filing or represented.
  • Service improvements: IRS will send a notice confirming when the relief applies; less letters, calls, and uncertainty. (irs.gov)

Practical Examples

ScenarioEligibility Criteria MetAEP Applies?
Individual filed timely for 2022-2024, paid taxes due, then 2025 file was late but meets criteriaYesYes—no failure-to-file or failure-to-pay penalties assessed for 2025 return.
Business with 12 consecutive quarterly filings and timely deposits, but in one quarter missed depositThat one fails the deposit testNo—business must meet deposit history criteria.
Late estate tax return for Form 706Infrequent/event-based returnNo—Form 706 generally excluded under the rules.

What You Should Do

  • Review your compliance history for the past three years (or 12 quarters) now
  • Make sure required returns are filed and taxes paid/deposits made
  • File potential First-Time Abate requests if an eligible return from 2024 or any pre-AEP period was penalized and you qualify.
  • Keep documentation showing timely filings/payments in past years in case IRS requests.

Summary

AEP represents a meaningful shift in IRS penalty relief: automatic, equitable, and easier for well-behaved taxpayers. If you've been up to date with your filings and payments, you may benefit without lifting a finger—and it’s well worth checking if you qualify.

Sources

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