Checks Not Honored by Bank: Reasonable Cause Criteria

20.1.10.4.4 (02-26-2013) Additional Penalty Relief/Reasonable Cause

(1) In addition to the reasons discussed in IRM 20.1.1.3 Criteria for Relief From Penalties, the following should be accepted as reasons for granting penalty relief for dishonored payments:

  1. The taxpayer furnished evidence that the taxpayer's bank account contained sufficient funds at the time the payment was submitted, but due to a bank error, the payment was dishonored. In this situation, the taxpayer should include a letter of explanation from the taxpayer's bank. For IMF cases, abate the penalty with a TC 281, RC 065, and Penalty Reason Code (PRC) 017. For BMF cases, abate the penalty with a TC 281 and PRC 017.
  2. The taxpayer furnished evidence that the taxpayer's bank account contained sufficient funds at the time the payment was submitted, but due to an Electronic Federal Tax Payment System (EFTPS) or other Treasury Financial Agency (TFA) error, the payment was dishonored. In this situation, the taxpayer and/or the TFA should also provide a letter of explanation or incident report from the bank.
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