Claim for Refund and Request for Abatement

PAGER/SGML
Page 1 of 3

Userid: ________ DTD INSTR04
Leadpct: 0%
Fileid: D:\Users\pzqbb\documents\Inst843Y07.sgm

Pt. size: 9.5

Instructions for Form 843

❏ Draft
(Init. & date)

❏

Ok to Print

14:23 - 28-FEB-2008

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Instructions for Form 843

Department of the Treasury
Internal Revenue Service

(Rev. February 2008)
Claim for Refund and Request for Abatement
Section references are to the Internal
Revenue Code unless otherwise noted.

General Instructions
What’s New
Penalty for erroneous refund claims.
If you claim an excessive amount of
refund or credit relating to income tax,
you may be liable for a penalty of 20%
of the amount that is determined to be
excessive. See Penalty for Erroneous
Claim for Refund on page 2.
Paid tax return preparer. Generally,
anyone you pay to prepare your claim
must sign it in the space provided. The
preparer must give you a copy of the
claim for your records. Someone who
prepares your claim but does not
charge you should not sign your claim.

Purpose of Form
Use Form 843 to claim a refund or
request an abatement of certain taxes,
interest, penalties, and additions to tax.
Do not use Form 843 to request a
refund of income tax or to amend a
previously filed income tax return.
Note. You cannot request an
abatement of income, estate, or gift
taxes.
Use Form 843 to claim or request the
following.
• A refund of tax, other than a tax for
which a different form must be used.
• An abatement of tax, other than
income, estate, or gift tax.
• A refund of excess social security or
railroad retirement (RRTA) tax withheld
by any one employer, but only if the
employer will not adjust the
overcollection. See the instructions for
line 6.
• A refund of social security or
Medicare taxes that were withheld in
error. If you are a nonresident alien
student, see Pub. 519 for specific
instructions.
• A refund of excess tier 2 RRTA tax
when you had more than one railroad
employer for the year and your total tier
2 RRTA tax withheld or paid for the
year was more than the tier 2 limit. See
the instructions for line 3.
• A refund of employment taxes when
you reported and paid more federal
income tax on your employment tax
return than you actually withheld from
an employee.

• A refund or abatement of interest,

penalties, or additions to tax caused by
certain IRS errors or delays, or certain
erroneous written advice from the IRS.
• A refund or abatement of a penalty or
addition to tax due to reasonable cause
or other reason (other than erroneous
advice) allowed under the law.
• A refund of the penalty imposed
under section 6715 for misuse of dyed
fuel.
If you received an IRS notice

TIP notifying you of a change to an
item on your tax return, or that
you owe interest, a penalty, or addition
to tax, follow the instructions on the
notice. You may not have to file Form
843.
Do not use Form 843 when you must
use a different tax form.
• Use Form 1040X, Amended U.S.
Individual Income Tax Return, to
change any amounts reported on Form
1040, 1040A, 1040EZ, 1040EZ-T,
1040NR, or 1040NR-EZ, to change
amounts previously adjusted by the
IRS, or to make certain elections after
the prescribed deadline (see
Regulations sections 301.9100-1
through -3).
• Use Form 1120X, Amended U.S.
Corporation Income Tax Return, to
correct Form 1120 or 1120-A as
originally filed, or as later adjusted by
an amended return, a claim for refund,
or an examination, or to make certain
elections after the prescribed deadline
(see Regulations sections 301.9100-1
through -3).
• Use Form 720X, Amended Quarterly
Federal Excise Tax Return, to make
adjustments to liability reported on
Forms 720 you have filed for previous
quarters. Do not use Form 720X to
make changes to claims made on
Schedule C (Form 720), except for the
section 4051(d) tire credit and section
6426 fuel credits.
• Use Form 730, Monthly Tax Return
for Wagers, to claim a credit or refund
of wagering tax.
• Use Form 4136, Credit for Federal
Tax Paid on Fuels, to claim a credit
against your income tax for certain
nontaxable uses (or sales) of fuel
during the income tax year. Also, use
Form 4136 if you are a producer
claiming a credit for alcohol fuel
mixtures or biodiesel mixtures.
However, you can use Form 8849,
Claim for Refund of Excise Taxes, to
Cat. No. 11200I

claim a periodic refund instead of
waiting to claim an annual credit on
Form 4136.
• Use Form 8849, Claim for Refund of
Excise Taxes, to claim a refund of
excise taxes other than those resulting
from adjustments to your reported
liabilities. See IRS Publication 510,
Excise Taxes, for the appropriate forms
to use to claim excise tax refunds.
• Use Form 8379, Injured Spouse
Allocation, to claim your portion of a
joint refund used to offset your
spouse’s past due obligations.
• Individuals, estates, and trusts filing
within 1 year after the end of the year in
which a claim of right adjustment under
section 1341(b)(1), a net operating loss
(NOL), a general business credit, or net
section 1256 contracts loss arose, can
use Form 1045, Application for
Tentative Refund, to apply for a refund
resulting from any overpayment of tax
due to the claim of right adjustment or
the carryback of the loss or unused
credit. Individuals also can get a refund
by filing Form 1040X instead of Form
1045. An estate or trust can file an
amended Form 1041, U.S. Income Tax
Return for Estates and Trusts.
• Corporations (other than S
corporations) can use Form 1139,
Corporation Application for Tentative
Refund, to apply for a quick refund of
taxes from an election to deduct a
public utility property disaster loss
under section 1400N(o), an
overpayment of tax due to a claim of
right adjustment under section
1341(b)(1), or the carryback of an NOL,
a net capital loss, or an unused general
business credit.

Separate Form for Each
Period
Generally, you must file a separate
Form 843 for each tax period and each
type of tax. There are exceptions for
certain claims. See the instructions for
line 5.

Who Can File
You can file Form 843 or your agent
can file it for you. If your agent files
Form 843, the original or copy of Form
2848, Power of Attorney and
Declaration of Representative, must be
attached. You must sign Form 2848
and authorize the representative to act
on your behalf for the purposes of the

Page 2 of 3

Instructions for Form 843

14:23 - 28-FEB-2008

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

request. See the Instructions for Form
2848 for more information.
If you are filing as a legal
representative for a decedent whose
return you filed, attach to Form 843 a
statement that you filed the return and
you are still acting as the
representative. If you did not file the
decedent’s return, attach certified
copies of letters testamentary, letters of
administration, or similar evidence to
show your authority. File Form 1310,
Statement of Person Claiming Refund
Due a Deceased Taxpayer, with Form
843 if you are the legal representative
of a decedent.

Where To File
If you are filing Form 843 in response to
an IRS notice, send it to the address
shown in the notice. Otherwise, file
Form 843 with the service center where
you would be required to file a current
tax return for the tax to which your
claim or request relates. For more
information, see the most recent
instructions for that tax return.

Penalty for Erroneous
Claim for Refund
If you claim an excessive amount of tax
refund or credit relating to income tax
(other than a claim relating to the
earned income credit), you may be
liable for a penalty of 20% of the
amount that is determined to be
excessive. An excessive amount is the
amount of the claim for refund or credit
that is more than the amount of claim
allowable for the tax year. The penalty
may be waived if you can show that
you had a reasonable basis for making
the claim.

Paid Tax Return
Preparer
A paid tax return preparer who files
Form 843 for you must sign the form
and fill in the identifying information at
the bottom of the form. The tax
preparer must give you a copy of the
completed Form 843 for your records.
These rules apply to claims related to
income taxes, employment taxes,
estate and gift taxes and other types of
taxes.

Specific Instructions
Social security number. Enter your
social security number (SSN). If you are
filing Form 843 relating to a joint return,
enter the SSNs for both you and your
spouse.

Line 3
Check the appropriate box to show the
type of tax for which you are claiming a
refund or requesting an abatement. If
the claim relates to interest, a penalty,
or addition to tax, check the box to
indicate the type of tax to which the
claim or request relates. Do not use
Form 843 to claim a refund or request
an abatement of income tax.
Excess tier 2 RRTA tax. Complete
lines 1 and 2. On line 3, check the box
for “Employment” tax. Skip lines 4, 5,
and 6. In the space for line 7, identify
the claim as “Excess tier 2 RRTA” and
show your computation of the refund.
You must also attach copies of your
Forms W-2 for the year to Form 843.
See the worksheet in Pub. 505, Tax
Withholding and Estimated Tax, to help
you figure the excess amount.

Line 4
If you are requesting a refund or
abatement of an assessed penalty,
enter the applicable Internal Revenue
Code (IRC) section. Generally, you can
find the IRC section on the Notice of
Assessment from the service center.

Line 5
Requesting Abatement or
Refund of Interest Due to IRS
Error or Delay
The IRS can abate interest if the
interest is caused by IRS errors or
delays.
The IRS will abate the interest only if
there was an unreasonable error or
delay in performing a managerial or
ministerial act (defined on this page).
The taxpayer cannot have caused any
significant aspect of the error or delay.
In addition, the interest can be abated
only if it relates to taxes for which a
notice of deficiency is required. This
includes income taxes,
generation-skipping transfer taxes,
estate and gift taxes, and certain excise
taxes. Interest related to employment
taxes or other excise taxes cannot be
abated. See Pub. 556, Examination of
Returns, Appeal Rights, and Claims for
Refund, for more information.
Managerial act. The term “managerial
act” means an administrative act that
occurs during the processing of your
case involving the temporary or
permanent loss of records or the
exercise of judgment or discretion
relating to management of personnel. A
decision regarding the proper
application of federal tax law is not a
managerial act. See Regulations
section 301.6404-2 for more
information.

-2-

Ministerial act. The term “ministerial
act” means a procedural or mechanical
act that does not involve the exercise of
judgment or discretion and that occurs
during the processing of your case after
all prerequisites of the act, such as
conferences and review by supervisors,
have taken place. A decision regarding
the proper application of federal tax law
is not a ministerial act. See Regulations
section 301.6404-2 for more
information.

How To Request an Abatement
of Interest
Request an abatement of interest by
writing “Request for Abatement of
Interest Under Section 6404(e)” at the
top of Form 843.
Complete lines 1 through 3. Check
the first box on line 5a. On line 5b,
show the dates of any payment of
interest or tax liability for the tax period
involved.
On line 7 state:

• The type of tax involved,
• When you were first notified by the

IRS in writing about the deficiency or
payment,
• The specific period for which you are
requesting abatement of interest,
• The circumstances of your case, and
• The reasons why you believe that
failure to abate the interest would result
in grossly unfair treatment.
Multiple tax years. File only one
Form 843 if the interest assessment
resulted from the IRS’s error or delay in
performing a single managerial or
ministerial act affecting a tax
assessment for multiple tax years or
types of tax (for example, where 2 or
more tax years were under
examination).

Requesting Abatement or
Refund of a Penalty or
Addition to Tax as a Result
of Written Advice
The IRS can abate any portion of a
penalty or addition to tax caused by
erroneous advice furnished to you in
writing by an officer or employee of the
IRS acting in his or her official capacity.
The IRS will abate the penalty or
addition to tax only if:
1. You reasonably relied on the
written advice,
2. The written advice was in
response to a specific written request
for advice made by you (or your
representative who is allowed to
practice before the IRS), and
3. The penalty or addition to tax did
not result from your failure to provide
the IRS with adequate or accurate
information.

Page 3 of 3

Instructions for Form 843

14:23 - 28-FEB-2008

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

How To Request an Abatement
or Refund of a Penalty or an
Addition to Tax as a Result of
Written Advice
Request an abatement or refund of a
penalty or addition to tax because of
erroneous written advice by writing
“Request for Abatement of Penalty or
Addition to Tax Under Section 6404(f)”
at the top of Form 843.
Complete lines 1 through 4. Check
the second box on line 5a. On line 5b,
enter the date of payment if the penalty
or addition to tax has been paid.
You must attach copies of the
following information to Form 843:
1. Your written request for advice,
2. The erroneous written advice you
relied on that was furnished to you by
the IRS, and
3. The report, if any, of tax
adjustments identifying the penalty or
addition to tax, and the item(s) relating
to the erroneous advice.
When to file. An abatement of any
penalty or addition to tax as a result of
written advice will be allowed only if:
• You submit the request for
abatement within the period allowed for
collection of the penalty or addition to
tax, or
• You paid the penalty or addition to
tax, within the period allowed for
claiming a credit or refund of such
penalty or addition to tax.

Line 6
Check the appropriate box to show the
type of return, if any, to which your
claim or request relates. Check the box
labeled “1040” to indicate other
individual income tax returns (such as
Form 1040A or Form 1040EZ).
You must attach Form 941c,
Supporting Statement To
CAUTION Correct Information, or an
equivalent statement, if you are
claiming a refund of taxes reported on
Form 941, 941-M, 941-SS, 943, or 945.
Refund of excess social security
taxes. If you are claiming a refund of
excess social security or RRTA tax
withheld by one employer, you must, if
possible, attach a statement from the
employer. The statement should
indicate the following.
• The amount, if any, the employer has
reimbursed you for any excess taxes
withheld.
• The amount, if any, of credit or
refund claimed by the employer or
authorized by you to be claimed by the
employer.
The employer should include in the
statement the fact that it is made in
support of your claim for refund of
employee tax paid by the employer to
the IRS.

!

If you cannot obtain a statement
from the employer, you should attach a
statement with the same information to
the best of your knowledge and belief
and include in the statement an
explanation of why you could not obtain
a statement from the employer.

Line 7
Explain in detail your reasons for filing
this claim and show your computation
for the credit, refund, or abatement. If
you attach an additional sheet(s),
include your name and SSN, or
employer identification number (EIN) on
it. Also, attach appropriate supporting
evidence.

Requesting Net Interest
Rate of Zero on
Overlapping Tax
Underpayments and
Overpayments
If you have paid or are liable for interest
on a tax underpayment and have
received or are due interest on a tax
overpayment for the same period of
time, you can request that the IRS
compute the interest using the net
interest rate of zero.

How To Request a Net
Interest Rate of Zero
You can request a net interest rate of
zero by writing on top of Form 843
“Request for Net Interest Rate of Zero
under Rev. Proc. 2000-26”.
Leave line 1 blank. You can enter a
dollar amount on line 2 or leave it
blank. Complete line 3 to indicate the
type of tax. More than one box can be
checked.
Do not complete lines 4 and 5.
Complete line 6 to indicate the type of
return filed. More than one box can be
checked.
On line 7, provide all of the following
information:
1. The tax periods for which you
overpaid and underpaid your tax
liability.
2. When you paid the tax
underpayment if it was paid.
3. When you received your tax
refund if it was received.
4. The periods that your
overpayment and underpayment
overlapped and the overlapping
amount.
5. A computation, to the extent
possible, of the amount of interest to be
credited, refunded, or abated.

-3-

Privacy Act and Paperwork
Reduction Act Notice. We ask for the
information on this form to carry out the
Internal Revenue laws of the United
States. Sections 6402 and 6404 state
the conditions under which you may file
a claim for refund and request for
abatement of certain taxes, penalties,
and interest. Form 843 may be used to
file your claim. Section 6109 requires
that you disclose your taxpayer
identification number (TIN). Routine
uses of this information include
providing it to the Department of Justice
for civil and criminal litigation and to
cities, states, and the District of
Columbia for use in administering their
tax laws. We may also give this
information to Federal and state
agencies to enforce Federal nontax
criminal laws and to combat terrorism.
You are not required to claim a refund
or request an abatement; however, if
you choose to do so you are required to
provide the information requested on
this form. Failure to provide all of the
requested information may delay or
prevent processing your claim or
request; providing false or fraudulent
information may subject you to civil or
criminal penalties.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB
control number. Books or records
relating to a form or its instructions
must be retained as long as their
contents may become material in the
administration of any Internal Revenue
law. Generally, tax returns and return
information are confidential, as required
by section 6103.
The time needed to complete and
file this form will vary depending on
individual circumstances. The
estimated average time is:
Recordkeeping . . . . . . . . . . . .
Learning about the law or the
form . . . . . . . . . . . . . . . . . . . .
Preparing the form . . . . . . . . .
Copying, assembling, and
sending the form to the IRS . .

26 min.
18 min.
35 min.
20 min.

If you have comments concerning
the accuracy of these time estimates or
suggestions for making this form
simpler, we would be happy to hear
from you. You can write to the Internal
Revenue Service, Tax Products
Coordinating Committee,
SE:W:CAR:MP:T:T:SP, 1111
Constitution Ave. NW, IR-6526,
Washington, DC 20224. Do not send
the form to this address. Instead, see
Where To File on page 2.