Some penalties can be removed. A good request proves why.
Penalty relief is not a negotiation based on how large the bill feels. It depends on the penalty, compliance history, timing and evidence. Kōkua Tax identifies the strongest available ground, prepares the facts and pursues relief without promising what the government has not approved.
The strongest request starts with the correct rule.
Sending a hardship story without matching it to a recognized relief standard can waste time and weaken the record. We first determine which penalty and tax period are actually involved.
01Compliance history
Automatic administrative relief
The new Automatic Exemption from Penalty generally looks for timely filing and payment for the prior three years—or 12 consecutive quarters for quarterly returns. It covers certain failure-to-file, failure-to-pay and failure-to-deposit penalties.
02Facts and evidence
Reasonable cause
The taxpayer must show ordinary business care and prudence but an inability to comply because of the specific circumstances. The IRS evaluates the timeline, control, corrective action and supporting documents.
03Law or IRS conduct
Statutory exception or error
Relief may arise from legislation, incorrect written IRS advice, an erroneous assessment or qualifying unreasonable IRS delay. Each route has its own requirements.
Automatic Exemption from Penalty
A clean history may now prevent the penalty before it is assessed.
Beginning in summer 2026, the IRS started replacing First Time Abate with Automatic Exemption from Penalty. AEP applies to eligible original returns beginning with tax year 2025 and eligible quarterly returns beginning in 2026.
The same return type was timely filed for the prior three years—or 12 consecutive quarters.
No disqualifying penalty history exists for those periods.
Business taxpayers must satisfy additional requirements.
The penalty must be one covered by the program.
During the transition, some eligible taxpayers may still receive a notice and need to request review.
Reasonable cause
The event alone is not enough. The complete timeline matters.
A serious illness, death, casualty, natural disaster, unavoidable absence or records problem may support relief—but only when the facts show how it prevented compliance and what the taxpayer did to correct the failure.
1What happened?Use specific dates, people and events—not broad conclusions.2What did it prevent?Connect the event directly to the filing, payment or deposit failure.3What remained under control?Address other bills, filings and business decisions the government may compare.4When was it corrected?Show prompt action once the obstacle ended.5What proves it?Attach the records needed to support the narrative.
Common weak requests
These explanations often need much more support.
“I did not have the money.”Financial difficulty alone generally does not explain a late filing.“My preparer was responsible.”Delegating the work usually does not transfer the taxpayer’s legal duty.“I did not know the rule.”A mistake of law must be evaluated against the taxpayer’s facts and efforts.“It was my first time.”That matters only if the applicable administrative-relief criteria are met.
Hawaiʻi DOTAX penalties
Hawaiʻi relief is narrower—and interest is especially difficult.
HRS §231-39 excuses the late-filing addition only when the failure was due to reasonable cause and not neglect. Penalties for underpayment, negligence or intentional disregard follow different standards. Interest generally follows the unpaid tax by statute and should not be marketed as freely negotiable.
We make the government evaluate the right facts under the right standard.
01Verify the assessmentIdentify the penalty code, period, calculation and notice deadline.
02Test every relief pathReview automatic relief, reasonable cause, statutory exceptions and government error.
03Build the evidenceCreate a dated narrative supported by records—not a generic hardship letter.
04Submit and follow throughUse the proper response channel, preserve appeal rights and track the account adjustment.
Why Kōkua Tax
Penalty relief should be a strategy—not a sales promise.
National firms may advertise a percentage of “savings” before reviewing the penalty transcript or the evidence. Kōkua tells you which amounts may realistically be challenged, what must be paid or arranged, and whether the cost of representation makes sense.
IRS and DOTAX experience
Federal administrative relief and Hawaiʻi reasonable-cause standards are not interchangeable.
Evidence-first requests
We organize the timeline and proof around the government’s actual decision criteria.
Full-account planning
Penalty relief is coordinated with filing compliance and the resolution of the remaining tax.
Local accountability
You work with Hawaiʻi-based Enrolled Agents who will tell you when a request is not strong enough.
Let’s determine whether the penalty has a supportable challenge.
Give Kōkua Tax 15 minutes to understand the tax period, notice and reason for the failure. We will explain what relief path appears realistic and what evidence would be needed.
General educational information only; not legal or tax advice. Penalty relief and interest adjustments depend on the tax, period, compliance history, facts, documentation and current agency procedures.