What’s Changing: From First Time Abate to Automatic Exemption from Penalty (AEP)
- The IRS has introduced Automatic Exemption from Penalty (AEP), a process starting summer 2026 that automatically grants penalty relief to eligible taxpayers without the need to request it. (irs.gov)
- This new policy replaces the First Time Abate (FTA) program, which required taxpayers to contact the IRS to have penalties removed. (irs.gov)
Who Qualifies for AEP
To be eligible, you must have a clean recent compliance record:
- Timely filed the same return type (1040, 1120, etc.) for the previous three years (or 12 quarterly returns for quarterly filers). (irs.gov)
- Have paid taxes due for those years; or, if a penalty was assessed, it was later abated due to reasonable cause or IRS error. (irs.gov)
- For business taxpayers, additional restrictions apply: limited failure to deposit penalties, and no avoidance of using the Electronic Federal Tax Payment System (EFTPS). (irs.gov)
Some return types are NOT eligible, including information returns, estate and gift tax returns (e.g. Forms 709, 706), or other event-based filings. (irs.gov)
Effective Dates & Scope
- AEP begins summer 2026; it applies to original returns for tax year 2025, all quarterly returns for 2026, and future tax periods. (irs.gov)
- First Time Abate will be phased out during this transition; some taxpayers may still see FTA apply for returns with due dates in that overlap period. (irs.gov)
What It Really Means for You
| Situation | Under FTA | Under AEP |
|---|---|---|
| Eligible taxpayer forgot to file one Form 1040 timely | Must request abatement | No action needed; IRS will apply automatically |
| Business missed a quarterly payment deposit | May qualify if historically compliant | Same relief if criteria met |
| Estate filed a gift return late | Not eligible | Still not eligible |
Actions You Should Take Now
- Review your filing and payment history for the past three years. If you’ve consistently filed and paid on time, you’re likely a good candidate.
- When filing your 2025 return, check that all required returns are submitted—even if late. Penalties won’t be assessed if IR records show eligibility.
- Keep documentation in case IRS challenges your compliance history. Though AEP is automatic, recordkeeping matters.
- Tax professionals: update your advice to clients, especially those who have previously relied on requesting First Time Abate.
Key Takeaways
- The Automatic Exemption from Penalty will reduce hurdles and make relief more equitable.
- If you’ve been compliant, this might mean no penalties even if you file or pay late, starting summer 2026.
- But this doesn’t waive taxes due or interest — those still apply.
This change represents Tax Planning, helping individuals and businesses strategize to benefit from this new IRS policy. Use it now—and make sure you’re eligible before relying on it.