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Estimated Tax Penalty vs. Failure to Pay Penalty

Both are about not paying. One is about not paying during the year, and it is the only penalty here that neither relief route reaches.

Quick Answer

They sound like the same failure and they are treated completely differently on relief. The failure-to-pay penalty is reachable by both published routes: it is on the IRS's list of penalties eligible for administrative relief, and it is within reasonable cause. The estimated tax penalty is reachable by neither — the IRS states reasonable cause does not apply to it, and it is not among the penalties First Time Abate or the Automatic Exemption from Penalty remove. There is one consolation buried in the compliance test: the IRS excepts the estimated tax penalty when it checks whether a penalty was assessed in the prior three years, so having one does not cost you administrative relief on a different penalty. The other difference is when the failure happened. The estimated tax penalty is about the year as it ran; the failure-to-pay penalty is about the balance after it ended.

1

Underpayment of estimated tax penalty

Advantages

  • It is avoidable prospectively. The IRS frames the rule as "Taxes are pay-as-you-go" and names two ways to pay during the year: withholding, and quarterly estimated payments.
  • It is computed per period rather than on the year as a whole, so which quarter was short changes the figure.
  • It does not spoil your record for other relief. The IRS excepts the estimated tax penalty from the compliance test for administrative relief.

Disadvantages

  • Reasonable cause does not reach it. The IRS states: "Reasonable cause doesn't apply to certain penalties such as the estimated tax penalty."
  • Neither does administrative relief. It is not among the penalties First Time Abate or the Automatic Exemption from Penalty remove.
  • The IRS computes it on the amount of the underpayment, the period it was due and underpaid, and the published quarterly interest rates.

Best For

What triggers it: not paying enough during the year.

Typical Cost

No fee is published for requesting relief from either.

VS
2

Failure to pay penalty

Advantages

  • Both relief routes reach it. The IRS lists failure to pay under IRC 6651(a)(2) and 6651(a)(3) among the penalties eligible for administrative relief, and it is squarely within reasonable cause.
  • The IRS states the failure-to-file penalty is reduced by the failure-to-pay amount where both apply in a month.
  • Under the Automatic Exemption from Penalty the IRS states it "does not accrue and is not assessed on unpaid tax" for eligible returns.

Disadvantages

  • It accrues until the balance is paid. Under First Time Abate the IRS states it "may continue to accrue until the tax is fully paid".
  • It is triggered by the balance rather than by the timing of payments during the year.

Best For

What triggers it: not paying the tax shown on the return by the due date.

Typical Cost

No fee is published for requesting relief from either.

The Verdict

They sound like the same failure and they are treated completely differently on relief. The failure-to-pay penalty is reachable by both published routes: it is on the IRS's list of penalties eligible for administrative relief, and it is within reasonable cause. The estimated tax penalty is reachable by neither — the IRS states reasonable cause does not apply to it, and it is not among the penalties First Time Abate or the Automatic Exemption from Penalty remove. There is one consolation buried in the compliance test: the IRS excepts the estimated tax penalty when it checks whether a penalty was assessed in the prior three years, so having one does not cost you administrative relief on a different penalty. The other difference is when the failure happened. The estimated tax penalty is about the year as it ran; the failure-to-pay penalty is about the balance after it ended.

Frequently Asked Questions

Can the estimated tax penalty be removed?
Not by either of the two published relief routes. The IRS states reasonable cause does not apply to it, and it is not among the penalties administrative relief removes.
Does an estimated tax penalty ruin my record for First Time Abate?
No. The IRS excepts it from the compliance test: the condition is that "either no penalty (except the estimated tax penalty) was assessed" in the prior period.
When are estimated payments due?
The IRS publishes them as April 15 for income earned January 1 to March 31, June 15 for April 1 to May 31, September 15 for June 1 to August 31, and January 15 of the following year for September 1 to December 31.
How is the estimated tax penalty calculated?
The IRS states it is based on the amount of the underpayment, the period when the underpayment was due and underpaid, and the published quarterly interest rates for underpayments — computed on the tax shown on your original return, or a more recent return filed on or before the due date, meaning total tax minus total refundable credits.

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Sources

Sourced to primary IRS materials and editorially reviewed. Not reviewed by a tax professional. Not tax advice. Report a correction.