Form 843: Claim for Refund and Request for Abatement: How to File

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Updated February 09, 2021 Reviewed by Reviewed by Ebony Howard

Ebony Howard is a certified public accountant and a QuickBooks ProAdvisor tax expert. She has been in the accounting, audit, and tax profession for more than 13 years, working with individuals and a variety of companies in the health care, banking, and accounting industries.

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What Is Form 843: Claim for Refund and Request for Abatement?

Form 843 is a multipurpose tax document issued by the Internal Revenue Service (IRS) used by taxpayers to make a claim for a refund of certain assessed taxes or to request abatement of interest or penalties applied in error.

Key Takeaways

What Is Form 843: Claim for Refund and Request for Abatement Used for?

Form 843 can be used to ask the Internal Revenue Service for abatement of certain taxes other than income, including:

Form 843 cannot be used to amend a previously filed income or employment tax return to:

Who Can File Form 843: Claim for Refund and Request for Abatement?

There are several reasons a taxpayer can file Form 843. This includes if a taxpayer's employer withholds too much income, Social Security, or Medicare tax from a paycheck and will not make any adjustments. This form can also be filed by a taxpayer's authorized representative.

Another reason to file this form may be as a result of IRS error or delay. This happens when a taxpayer is wrongly assessed interest, penalties, or additions to tax that are not owed. On these occasions, a taxpayer can request that the IRS fix the error(s) by filing a claim for refund or abatement.

A separate Form 843 must generally be filed for each type of tax or fee and for each tax year.

If the IRS believes a taxpayer claims an excessive refund amount, it can add a penalty equal to 20% of the amount determined to be excessive.

How to File Form 843: Claim for Refund and Request for Abatement

Form 843 requires basic information such as name, address, Social Security number, tax period, tax type, and return type. It requires a statement of the facts and issues as to why you are entitled to a refund or abatement. Penalty abatement requests require you to write the Internal Revenue Code (IRC) section number of the penalty on Line 4. You can find this section number on the IRS notice you received. Then, you must choose a reason for your request in Section 5a. The choices are:

You can write an explanation of your request in Section 7. Remember to support your reasons with evidence and computations. The IRS allows you to attach additional pages if you need more space.

Form 843

Form 843 is available on the IRS website.  

The form must be filed within two years from the date you paid the taxes or three years from the date the return was filed, whichever is later.

Special Considerations for Form 843

If the IRS denies your claim by sending a statutory notice of claim disallowance—or if six months pass without any action—you can petition the U.S. District Court or the U.S. Court of Federal Claims.     You can also file a protective claim before the expiration of the statute of limitations to preserve your right to make a claim for a refund. Protective claims and real claims have the same legal effect.

Article Sources
  1. Internal Revenue Services. "Form 843." Accessed Feb. 11, 2021.
  2. Internal Revenue Service. "Publication 556 (09/2013), Examination of Returns, Appeal Rights, and Claims for Refund." Accessed Jan. 16, 2020.
  3. Treasury Inspector General for Tax Administration. "Additional Documentation Is Needed to Support Office of Appeals, Penalty Abatement Decisions." Accessed Jan. 16, 2020.
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Description Part of the Series Federal Tax Forms
  1. Guide To Federal Tax Forms
  2. Form W-2
  3. Form W-2G
  4. The Purpose of the IRS W-4 Form
  5. How to Fill Out a W4 Form
  6. Form W-8
  7. Form W-9
  1. Form 1040
  2. Form 1040-NR
  3. Form 1040-SR
  4. Form 1040-V
  5. Form 1040X
  1. The Purpose of 1099 Forms
  2. Things to Know About 1099s
  3. Form 1099-A
  4. Form 1099-B
  1. 1099-C
  2. Form 1099-CAP
  3. Form 1099-DIV
  4. Form 1099-G
  5. Form 1099-H

1099 Forms INT–OID

  1. Form 1099-INT
  2. Form 1099-K
  3. Form 1099-LTC
  4. Form 1099-MISC
  5. Form 1099-OID

1099 Forms PATR–SA

  1. Form 1099-PATR
  2. Form 1099-Q
  3. Form 1099-R
  4. Form 1099-SA
  1. Form 706
  2. Form 706-GS(D)
  3. Form 843
CURRENT ARTICLE
  1. Form 1310
  2. Form 2441
  3. Form 2848
  4. The Purpose of IRS Form 2848
  5. Form 4070A
Related Terms

A filing extension is an exemption made for taxpayers who are unable to file their federal tax return by the regular due date.

A widow(er)'s exemption is one of several forms of state or federal tax relief available to a surviving spouse in the period following their spouse's death.

Section 1341 is a tax credit from the I.R.S. available for taxpayers who have to repay more than $3,000 in wages from a prior year.

A qualified higher education expense is a tax credit for the parents of students attending a college or other post-secondary institution.

A flow-through entity is a legal business entity that passes income to the owners and/or investors of the business. It's sometimes referred to as a disregarded entity.

IRS Form 1310: Statement of Person Claiming Refund Due a Deceased Taxpayer is used to request a federal tax refund on behalf of a deceased taxpayer.

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