IRS notices / 972CG

IRS notice 972CG: proposed information return penalty

Notice 972CG proposes a penalty for information returns, like Forms W-2 and 1099, that were filed late, not e-filed when required, or had missing or incorrect taxpayer ID numbers.

For businesses · Based on the IRS's own explanation of this notice

Deadline: Respond within 45 calendar days of the notice date, or 60 days if you're a foreign filer.

What this notice means

This notice proposes a penalty that hasn't been assessed yet. It lists each filing the IRS counted, the type of penalty for each, and a summary of the total. If taxpayer identification numbers (TINs) were missing or wrong, it also lists those name and TIN combinations so you can check them against your records.

You can agree, partly agree or disagree. If you can fix a problem the notice points out, the penalty may shrink or go away. If you had reasonable cause, you can ask in writing for a waiver before the penalty is assessed.

Why you got it

What to do now

  1. Compare the notice with your records, including the list of returns with missing or incorrect name and TIN combinations.
  2. Decide whether you fully agree, partly agree or disagree, and send back the matching part of the payment and correspondence slip. Sign it, and include payment if you agree with all or part of the penalty.
  3. To ask for a waiver, include a written statement that names the waiver provision you're relying on and lays out the facts showing reasonable cause. It must be signed by the person required to file and made under penalties of perjury.
  4. Don't send copies of your TIN solicitations unless the IRS asks for them.
  5. If you need more time, mail a written request for an extension to the address on the notice before your 45 or 60 days run out.

If you don't respond

If you don't respond in time, the IRS assesses the full proposed penalty and sends a balance due notice (CP15 or CP215) with your appeal rights. Interest runs from that notice's date unless you pay within the time it gives.

Check the W-2 and 1099 penalty. See the per-form amount for how late the forms were, with the annual caps.

Questions people ask

Does this include the penalty for late payee statements?

No. Notice 972CG only proposes the penalty for the returns filed with the IRS. A separate penalty for payee statements that were late or wrong can apply on top of it.

What happens after I ask for a waiver?

The IRS may send Letter 1948C asking for more details. If it accepts your reasons, Letter 6304C says the penalty won't be assessed. If it doesn't, Letter 854C explains why and lists your appeal rights.

What if one return has more than one problem?

Only one penalty applies to a single information return, even with several failures. The IRS charges the highest one.

Related notices

This page explains the notice in plain English. Always follow the instructions and deadlines printed on your own notice. IRS: Information return penalties · IRS Publication 1586, Reasonable Cause Regulations and Requirements for Missing and Incorrect Name/TINs (PDF)

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