What is First-Time Abatement? Does it apply to Form 5472?

First-Time Abatement explained: which penalties it covers, and the specific case where the IRS manual allows it for a Form 5472 penalty.

Amel Ouchene, IRS PTIN holder and CPA Candidate. October 19, 2026, 2 min read

First-Time Abatement (FTA) is an administrative waiver: the IRS removes certain penalties for a taxpayer with a clean compliance history, without asking why the failure happened.

The general rule

The IRS page on penalty relief lists failure-to-file, failure-to-pay and failure-to-deposit penalties. The Form 5472 penalty is not among them.

The Form 5472 exception

The IRS manual (IRM 20.1.9.5.5) describes one case. When the $25,000 penalty was assessed automatically because Form 5472 was attached to a late Form 1120, it "may be abated" under FTA if the related Form 1120 failure-to-file penalty was abated under FTA, or "would have been eligible for FTA abatement but a failure to file penalty wasn't assessed because there was $0 tax due". The taxpayer must also have had no similar Form 5472 penalties, and no late Form 1120, in the three prior periods.

A pro forma Form 1120 shows $0 tax, so a first-time late filer may fit. Ask for it alongside reasonable cause, not instead of it.

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This article is general information about US tax rules for foreign-owned LLCs, not advice for your specific situation. Rules change; check the date above and ask before you file.