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Offer in Compromise vs. Penalty Abatement

One addresses the tax itself, the other only the penalties on top of it. They answer different questions and are not alternatives.

Quick Answer

They are not competing options. Penalty relief removes penalties and, where a penalty is removed, the IRS states it reduces the related interest automatically — but the tax remains. An Offer in Compromise addresses the liability itself. The failure-to-file and failure-to-pay penalties are each capped by the IRS at a maximum of 25%, so penalty relief is bounded — though the two run on different bases and are not the only penalties that can be relieved.

1

Offer in Compromise

Advantages

  • Addresses the whole liability, not just the additions to it.
  • The IRS states it suspends other collection activities while evaluating an offer.
  • Published grounds and a published low-income certification that removes the fee and initial payment.

Disadvantages

  • An application fee and an initial payment apply unless the low-income certification does.
  • The IRS states it may file a Notice of Federal Tax Lien during consideration.
  • The IRS decides, on your full financial position.

Best For

Where the question is the amount of the tax debt itself.

Typical Cost

Application fee and initial payment as published by the IRS; both removed under low-income certification.

VS
2

Penalty relief

Advantages

  • The IRS publishes three routes: First Time Abate and administrative waiver, reasonable cause, and a statutory exception.
  • The IRS states relief can be requested by phone using the number on your notice.
  • The IRS states it automatically reduces or removes related interest when it reduces or removes a penalty.

Disadvantages

  • It does not touch the tax itself — only penalties, and interest tied to them.
  • The IRS states reasonable cause is determined case by case on all the facts.
  • The IRS names factors that do not generally qualify on their own, including reliance on a tax professional, lack of knowledge, mistakes and oversights, and lack of funds.

Best For

Where the tax is not disputed but the additions to it are.

Typical Cost

The IRS states no fee for requesting penalty relief.

The Verdict

They are not competing options. Penalty relief removes penalties and, where a penalty is removed, the IRS states it reduces the related interest automatically — but the tax remains. An Offer in Compromise addresses the liability itself. The failure-to-file and failure-to-pay penalties are each capped by the IRS at a maximum of 25%, so penalty relief is bounded — though the two run on different bases and are not the only penalties that can be relieved.

Frequently Asked Questions

Can I do both?
They address different things, so they are not mutually exclusive as concepts. What each requires and whether either applies to you is the IRS's determination — this page describes the routes, not your case.
What does penalty relief actually save?
It is bounded, but not by a single number you can read off. The IRS caps the failure-to-file penalty at a maximum of 25% and states the failure-to-pay penalty will not exceed 25% of unpaid taxes — those run on different bases and are two of several penalties that may be eligible for relief. On interest, the IRS states it will automatically reduce or remove related interest if it reduces or removes a penalty. Work from the figures on your own notice rather than from this page.

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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.