The
IRS announced last week that the late-filing penalty will be waived for
taxpayers requesting an extension on filing one of the 31 forms that
were delayed due to the last-minute tax law changes. (See
Notice 2013-24 for a list of affected forms.)

Although
no penalties will be assessed, the IRS does warn that these taxpayers
may receive an automatic assessment notice. The IRS understands that the
delay may prevent taxpayers from paying their 2012 tax liability
immediately, and, as described in
an article published by Journal of Accountancy,
has stated that it will “assume the taxpayer has demonstrated
reasonable cause and lack of willful neglect if he or she makes a
good-faith effort to properly estimate the tax liability on the
extension application, the estimated amount is paid by the original due
date of the return, and any tax owed on the return is fully paid no
later than the return’s extended due date.”

To
apply for this late-payment relief, ask your CPA to respond by letter
to the penalty assessment notice when you receive it, explaining your
eligibility for the relief, identifying which of the forms eligible for
relief were included with your return, and referring to Notice 2013-24
in the letter.