IRS Notice CP162A is the IRS telling an S corporation it charged a penalty, usually because Form 1120-S was late or incomplete. It is not a tax on the profit that passed through to the shareholders. Read the tax year, the penalty amount, and the response date on the notice before you pay or dispute it.
What CP162A Usually Covers
Notice CP162A is commonly associated with a penalty assessed against an S corporation for a late or incomplete Form 1120-S filing. The notice itself controls: read the tax period, penalty description, amount, response date, and payment instructions before deciding what to do. An S corporation generally passes income through to its shareholders, but it still has a separate federal filing obligation and can owe penalties even when no federal income tax is due with the return.
Do not assume the notice is correct, or that it is automatically wrong, based only on the notice number. The IRS may have a different received date, a missing schedule, or a record that does not reflect an extension or corrected filing.
Read The Notice Before Responding
Make a complete copy of every page. Confirm:
- The corporation’s legal name and EIN.
- The tax year or other period covered.
- The penalty type, calculation, and balance shown.
- The date by which the IRS asks for payment or a written response.
- The mailing address, fax option, or telephone number printed on the notice.
If the name, EIN, tax period, or filing described does not match the corporation’s records, investigate before sending payment. Use the number on the notice or the IRS business help line; do not rely on a generic online form to answer a notice-specific question.
Check The S Corporation Filing Record
Compare the notice with the corporation’s copy of Form 1120-S and the filing evidence. For an electronically filed return, keep the transmitter’s acceptance acknowledgement and any IRS rejection messages. For a paper return, keep a dated certified-mail receipt, tracking history, and delivery record. Also check whether an extension was filed and whether the return was submitted by the extended due date.
A rejected electronic return is not the same as an accepted return. If it was rejected, document when the problem was corrected and when the return was accepted. Check that all required schedules and shareholder information were included. If the IRS processed a later amended return, remember that an amendment does not necessarily replace the original filing date for a late-filing penalty.
How to pay a CP162A online
Pay only after the EIN, tax year, and penalty on the notice match the corporation's records. Do not send this through a personal Form 1040 payment screen. Use the instructions printed on the notice. For a business balance, EFTPS at eftps.gov is the usual electronic route. The notice may also list an IRS online payment option for that assessment. Match the payment to the corporation's EIN and the tax period on the notice.
Paying does not stop you from asking to have the penalty removed. Interest can keep running while a request is open, so some corporations pay and then ask for the penalty back. If you are disputing the assessment itself and the notice gives a response date, answer by that date.
Asking for first-time abatement on a CP162A
First-time abatement is an IRS administrative waiver for certain failure-to-file, failure-to-pay, and failure-to-deposit penalties. It can apply to a CP162A when the charge is one of those penalties and the corporation's recent history is clean. Clean means the required returns are filed and the taxpayer had no penalties on the same type of return for the prior three tax years. An estimated tax penalty does not count against this. It is not automatic. It also does not cover every line that can appear on a notice.
You can ask by phone at the number on the notice, or in writing. Form 843 is one way to ask in writing. Our first-time penalty abatement page goes into more detail. If the three-year history is not clean, skip this request and use a reasonable-cause statement instead.
When First-Time Abatement May Apply
First-time abatement is not a blanket waiver for every CP162A. Eligibility depends on the penalty involved and the corporation’s filing and payment history. In general, the IRS looks at whether required returns were filed, whether tax was paid or arrangements were made, and whether the taxpayer had qualifying penalties during the prior three years. The notice or an IRS representative can confirm whether the particular penalty is eligible.
Do not request first-time abatement without checking the record. If the corporation does not meet the requirements, a reasonable-cause explanation may be the better route. Requesting one basis does not make the other basis automatic.
Build A Reasonable Cause Explanation
A reasonable-cause request should explain what happened, when it happened, and why the corporation used ordinary care and prudence. The IRS evaluates the facts and circumstances; a conclusory statement is rarely enough. Describe the specific event, the safeguards in place, the steps taken to get the return filed, and the corporation’s compliance history.
Useful support can include an accountant’s engagement records, illness or casualty documentation, delivery records, e-file acknowledgements, IRS correspondence, bank records, or evidence of a system failure. If a preparer or payroll provider was involved, explain the corporation’s instructions and follow-up rather than simply saying that the preparer forgot. The corporation remains responsible for its filing, but the surrounding facts still matter.
Send The Right Response
If the penalty is correct and no relief is available, pay according to the notice and keep the confirmation. If the penalty is wrong, or if you are requesting abatement, respond using the notice’s instructions. A written response normally identifies the corporation, EIN, tax period, notice number, penalty amount, and requested relief; it then lays out the timeline and lists the attached evidence.
Sign the response as an authorized corporate officer or authorized representative. Send it to the address or fax number on CP162A, not to an address copied from an unrelated IRS letter. Use a trackable delivery method when mailing and retain the complete submission. If the notice provides an online or fax option, keep the transmission confirmation.
Use This Letter Outline
A practical response can follow this structure:
- Date and IRS address shown on CP162A.
- Subject: CP162A, corporation name, EIN, and tax period.
- A short statement of the relief requested or the reason the penalty is disputed.
- A dated timeline covering the original due date, extension, filing, acceptance, and correction if any.
- The facts supporting first-time abatement or reasonable cause.
- A list of attachments and the corporation’s current contact information.
- The authorized signer’s name, title, signature, and phone number.
Avoid sending original records. Do not include shareholder Social Security numbers or other personal information unless the IRS instructions specifically require it.
Track The Deadline And Follow-Up
Respond by the date printed on the notice even if you are still gathering records. A phone call usually does not extend a written-response deadline. Keep the notice, response, attachments, delivery proof, and any IRS confirmation together. Interest can continue while an unpaid balance remains, so understand whether payment is required while an abatement request is pending.
If the IRS does not resolve the issue, or if the notice warns of collection action, review the corporation’s account with a tax professional. A CPA can compare the IRS transcript with the filing evidence and help present a focused response without overstating the facts.
A Calm Next Step
CP162A is a notice to analyze, not a reason to guess. If you received one for an S corporation, we can review the notice, filing record, and available relief options, then help you decide whether to pay, correct the record, or submit an abatement request.
