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IRS CP213I Notice: Steps to Correct Late or Non-Filing Penalties

Silas Bamigbola avatar image
Last updated 11/26/2024 by
Silas Bamigbola
Fact checked by
Ante Mazalin
Summary:
The IRS CP213I Notice is sent to inform taxpayers about a proposed penalty related to the late or non-filing of specific forms, such as Form 5500, 5500-SF, or 5500-EZ. These forms are typically associated with employee benefit plan reporting. Understanding the notice and responding promptly is crucial to mitigating penalties or resolving potential errors. Inaction can lead to escalating fines and additional complications with the IRS.
Have you received an IRS CP213I Notice recently? If so, you might be wondering why you received it and what steps you should take. This notice is often alarming but understanding its purpose and how to respond can reduce stress and prevent further issues. The IRS uses this notice to propose penalties, typically due to the late filing or non-filing of certain benefit plan forms. Let’s dive deeper into the CP213I Notice, its implications, and the steps you should take to handle it effectively.

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What is the IRS CP213I Notice?

The IRS CP213I Notice is a formal communication indicating a proposed penalty for the late or non-filing of forms associated with retirement and benefit plans. These include:
  • Form 5500 – Used by certain benefit plans to report their financial condition, investments, and operations.
  • Form 5500-SF – A streamlined version of Form 5500 for small plans.
  • Form 5500-EZ – Designed for one-participant plans or certain foreign plans.
This notice serves as a warning that penalties may apply unless corrective action is taken. These penalties can accumulate significantly if the issues are not promptly addressed.

Why does the IRS issue the CP213I Notice?

The IRS sends this notice when there are discrepancies or failures related to the filing of required benefit plan forms. Common reasons include:
  • Late submission of Form 5500, 5500-SF, or 5500-EZ.
  • Failure to file these forms entirely.
  • Errors or incomplete information on the submitted forms.
Struggling with IRS notices? If you’ve received an IRS letter and aren’t sure how to handle it, you might want to explore professional tax relief options. Optima Tax Relief has helped thousands of people resolve their tax issues and get back on track with the IRS. Learn more about how they can assist you with your situation.

What happens if you ignore the IRS CP213I Notice?

Ignoring the CP213I Notice can lead to severe consequences. Penalties for failing to comply with filing requirements can accrue daily, resulting in substantial financial liabilities. Additionally:
  • The IRS may initiate enforcement actions, such as liens or wage garnishments, to recover unpaid penalties.
  • Your ability to maintain compliance with other tax obligations could be jeopardized, leading to more notices and potential audits.
  • Unresolved penalties might negatively impact the credibility of your business or organization, especially for benefit plan sponsors.

Pro Tip

Set up IRS account alerts online to get real-time notifications on any changes to your tax return or account. This helps you stay updated on adjustments and due dates.

Steps to take when you receive an IRS CP213I Notice

If you’ve received an IRS CP213I Notice, the next steps you take are critical to resolving the issue efficiently. Here’s what you should do:

1. Review the notice carefully

Read through the CP213I Notice to understand the specific reasons for the proposed penalty. The notice will outline which form(s) are in question, the proposed penalty amount, and the deadline to respond. Pay attention to details, such as filing dates and discrepancies cited by the IRS.

2. Verify your records

Cross-check the information in the notice with your records. Determine if the filing issue was due to a mistake, a misunderstanding, or an oversight. If you have already filed the forms, confirm whether they were submitted accurately and on time.

Pro Tip

Always save electronic confirmations and documentation for all filed forms. These records are essential if you need to dispute an IRS notice or verify timely submissions.

3. Identify whether the notice was sent in error

Mistakes happen, even on the IRS’s part. It is possible that your filing was timely, but there was a data entry error or a mismatch in IRS systems. Check your confirmation numbers or electronic filing receipts to verify the date of submission. If the notice is incorrect, be prepared to provide supporting documentation.

4. Decide if you need professional help

For simple issues, you might be able to handle the notice on your own. However, if the problem is complex, you are unsure of the correct resolution, or the penalties are substantial, consulting a Certified Tax Resolution Specialist is advisable. A professional can navigate the nuances of tax law and communicate with the IRS on your behalf.

5. Respond promptly

The CP213I Notice will include a response deadline. If you need more time to gather documentation or prepare a response, contact the IRS to request an extension. Never ignore the notice, as penalties will continue to escalate if no action is taken. Even a brief delay can increase the financial burden.

Pro Tip

Use a professional tax preparer or software that specializes in employee benefit plan filings to ensure accuracy and compliance with IRS requirements.

How to respond to an IRS CP213I Notice

When responding to the IRS CP213I Notice, it’s essential to follow these steps to ensure your response is processed correctly:
  1. Gather your documentation: Collect relevant records, including filing confirmations, proof of submissions, and correspondence with the IRS.
  2. Draft your response: If you believe the notice was sent in error, write a detailed explanation, supported by documentation. Clearly outline why you believe the penalty is incorrect or should be reduced.
  3. Submit your response: Mail or fax your response to the IRS at the address provided in the notice. Ensure your response is sent within the deadline to avoid additional penalties.
  4. Request a payment plan if necessary: If the penalty is valid but unaffordable, contact the IRS to explore payment plan options. This can help reduce the immediate financial burden while ensuring compliance.

Pro Tip

If you’re unable to pay the penalty immediately, contact the IRS as soon as possible to set up a payment plan. This can help you avoid additional interest and penalties.

Understanding the penalties associated with the IRS CP213I Notice

The penalties for late or non-filing of Form 5500 and its variants can be steep. Here’s a breakdown of how penalties may apply:
  • Daily penalties: For every day the filing is late, the IRS imposes a fixed penalty amount. These daily fines can add up to thousands of dollars.
  • Accuracy penalties: If the forms are filed with significant errors or omissions, additional penalties may be applied for inaccurate reporting.
  • Failure to comply penalties: Organizations that fail to correct issues after receiving the CP213I Notice may face higher penalties and additional enforcement actions.
Understanding these penalties underscores the importance of timely and accurate filings.

How to avoid receiving an IRS CP213I Notice in the future

Preventing future CP213I Notices requires diligent record-keeping and timely filing of required forms. Here are some strategies:
  • Use electronic filing systems: Submitting forms electronically reduces the likelihood of delays and provides immediate confirmation of receipt.
  • Set reminders for filing deadlines: Implement calendar alerts or automated reminders to ensure timely submissions.
  • Double-check submissions for accuracy: Review all forms for errors or omissions before filing.
  • Consult with professionals: Work with a tax advisor or accountant who specializes in benefit plan filings to avoid mistakes.
Looking for the best way to reduce your tax burden? We’ve compiled a list of the Best Tax Relief Companies to help you navigate tax challenges and save money. Click here to discover trusted experts who can assist you with tax resolution, IRS negotiations, and more!

Frequently asked questions

What should you do if you agree with the IRS CP213I Notice?

If you agree with the notice and the proposed penalty, you should follow the instructions outlined in the notice. This might involve paying the penalty amount directly or contacting the IRS to confirm your agreement. Ensure that all future filings are accurate and timely to avoid similar penalties.

Can you negotiate or reduce the penalty mentioned in the IRS CP213I Notice?

Yes, the IRS often allows taxpayers to request penalty abatement or reduction if there are valid reasons, such as reasonable cause or first-time penalty relief eligibility. Submit a written explanation with supporting documents to request penalty abatement. It’s advisable to consult a tax professional to improve your chances of success.

What forms are affected by the IRS CP213I Notice?

The CP213I Notice primarily relates to the late or non-filing of benefit plan forms, including Form 5500, Form 5500-SF, and Form 5500-EZ. These forms are critical for reporting the financial and operational status of retirement and employee benefit plans.

How long do you have to respond to the IRS CP213I Notice?

The notice will specify a response deadline, typically within 30 to 60 days of the date listed on the notice. It is crucial to act before the deadline to avoid further penalties or enforcement actions. If you need more time, contact the IRS immediately to request an extension.

What resources can help you avoid future IRS CP213I Notices?

To avoid future notices, use IRS-approved electronic filing systems for benefit forms, set reminders for filing deadlines, and consult tax professionals for accuracy and compliance. Additionally, stay informed about updates to IRS requirements for benefit plan filings by reviewing IRS publications and official guidelines.
Need help understanding other IRS letters and notices? Visit our comprehensive guide to IRS Letters and Notices or search for the document you received in the table below.
IRS Letter or Notice Number
Notice Description
CP01The IRS verified your claim of identity theft and will monitor your account.
CP01HThe IRS received a tax return with a social security number that belongs to a dead person.
CP02HMoney is due on an amended return based on a grant received due to Hurricane Katrina, Rita, or Wilma.
CP03CYou received the First-Time Homebuyer Credit for a house you purchased.
CP04You may be eligible for tax deferment because either you or a spouse served in a combat zone, a qualified contingency operation, or a hazardous duty station during the tax year specified on your notice.
CP08You may be entitled to additional money due to the Additional Child Tax Credit.
CP10Your tax return changed due to a miscalculation, and the refund you wanted to apply to an estimated tax payment has changed.
CP10AYour tax return changed due to a miscalculation of the Earned Income Credit, and the refund you wanted to apply to an estimated tax payment has changed.
CP11You owe money because the IRS amended your return due to a miscalculation.
CP11AYour tax return changed due to a miscalculation of the Earned Income Credit, and the refund you wanted to apply to an estimated tax payment also changed.
CP11MYour tax return changed due to a miscalculation of the Making Work Pay and Government Retiree Credit, and the refund you wanted to apply to an estimated tax payment has changed.
CP12You are due a bigger refund because the IRS corrected one or more mistakes on your tax return.
CP12AThe IRS made changes to correct the Earned Income Credit (EIC) claimed on your tax return.
CP12E or CP12FThe IRS corrected a miscalculation on your return.
CP12MThe IRS made changes to the computation of the Making Work Pay and/or Government Retiree Credits on your return.
CP12RThe IRS made changes to the computation of the Rebate Recovery Credit on your return.
CP13The IRS made changes to your return due to a miscalculation. There is no refund or amount due. Your balance is zero.
CP13AThe IRS made changes to your return due to a miscalculation of the Earned Income Credit. There is no refund or amount due. Your balance is zero.
CP13MThe IRS made changes to your return due to a miscalculation of the Making Work Pay credit or the Government Retiree Credit. There is no refund or amount due. Your balance is zero.
CP13RThe IRS made changes to your return due to a miscalculation of the Recovery Rebate Credit. There is no refund or amount due. Your balance is zero.
CP14You owe money on unpaid taxes.
CP16The IRS made changes to your return due to a miscalculation. The refund you were due was applied to other tax debts.
CP21AYou owe money due to the changes you requested that the IRS make on your tax returns.
CP21BYou are due a refund due to the changes you requested that the IRS make on your tax returns. The money should arrive within 2 to 3 weeks.
CP21CThe IRS made the requested changes to your tax return. You will not receive a refund, and there is no tax due. Your balance is zero.
CP21EAs a result of your recent audit, the IRS made changes to your tax return, and you owe money as a result of those changes.
CP21IThe IRS made changes to your tax return relating to the Individual Retirement Arrangement (IRA) taxes. You owe money due to the changes.
CP22AThe IRS made the changes you requested, and you owe money as a result.
CP22EAs a result of your recent audit, the IRS changed your tax return, and you now owe money.
CP22IThe IRS made changes to your tax return relating to the Individual Retirement Arrangement (IRA) taxes. You owe money due to the changes.
CP23The IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. You owe taxes due to these changes.
CP24The IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. This resulted in an overpayment of estimated taxes.
CP24EThe IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. This resulted in an overpayment of estimated taxes.
CP25The IRS changed your return because there was a difference between the amount of estimated tax payments listed on your tax return and the amount actually posted to your account. You are not due a refund, nor do you owe any money. Your balance is zero.
CP31You need to update your address because your refund check was returned to the IRS.
CP45The IRS was unable to apply your overpayment to your estimated tax as you requested.
CP49The IRS used all or part of your refund to pay a tax debt.
CP53Your refund check will be sent by mail because the IRS can’t provide your refund through direct deposit.
CP57The bank declined your payment, so the IRS was unable to draft funds from your bank account.
CP71A reminder of the amount you owe in tax, penalty, and interest.
CP71AA reminder of the amount you owe in tax, penalty, and interest.
CP71CA reminder of the amount you owe in tax, penalty, and interest.
CP71DA reminder of the amount you owe in tax, penalty, and interest.
CP88The IRS is holding your refund because you haven't filed one or more tax returns, and it believes you will owe tax.
CP90The IRS is notifying you of its intent to levy certain assets for unpaid taxes. You have the right to dispute the levy in a Collection Due Process hearing.
CP91The IRS will levy up to 15% of your social security benefits for unpaid taxes.
CP120The IRS needs documentation of your tax-exempt status.
CP120AYour organization’s tax-exempt status has been revoked because it failed to file a Form 990 series return for three consecutive years.
CP130You may no longer need to pay the Alternative Minimum Tax (AMT) because your tax return filing requirements changed.
CP152The IRS received your return.
CP153The IRS will send your refund by mail because your direct deposit did not go through.
CP161You have an unpaid balance due to the IRS.
CP166Your monthly payment to the IRS did not go through due to insufficient funds in your bank account.
CP178You may no longer owe excise tax because your tax return filing requirements changed.
CP231You need to update your address because your refund was returned to the IRS.
CP259You did not file the business tax return identified in the notice.
CP259AYou should have filed these forms but did not – Form 990/990-EZ, Return of Organization Exempt From Income Tax, or Form 990-N (e-Postcard).
CP259BThe IRS requires you to file these forms but did not – Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Nonexempt Charitable Trust Treated as a Private Foundation.
CP259CThe IRS believes that you are a private foundation, but did not file the required Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Nonexempt Charitable Trust Treated as a Private Foundation.
CP259DYou must file this form, but you did not – Form 990-T, Exempt Organization Business Income Tax Return.
CP259EYou should have filed this form, but you did not – Form 990-N (e-Postcard) or Form 990/990-EZ, Return of Organization Exempt From Income Tax.
CP259FThe IRS requires you to file this form but did not – Form 5227, Split-Interest Trust Information Return.
CP259GThe IRS requires you to file this form, but you didn’t – Form 1120-POL, U.S. Income Tax Return for Certain Political Organizations.
CP259HAs a tax-exempt political organization, you must file this form, but you did not – Form 990/990-EZ, Return of Organization Exempt From Income Tax.
CP276AYou submitted your tax liability schedule incorrectly. The IRS typically charges a Federal Tax Deposit (FTD) penalty for this but did not this time.
CP276BThe IRS did not receive the correct amount of tax deposits. It normally charges a Federal Tax Deposit (FTD) penalty but did not this time.
CP297The IRS is notifying you of its intent to levy certain assets for unpaid taxes. You have the right to dispute the levy at a Collection Due Process hearing.
CP297AThe IRS has levied your assets for unpaid taxes. You have the right to dispute the levy at a Collection Due Process hearing.
CP298The IRS notifying you of its intent to levy up to 15% of your social security benefits for unpaid taxes.
CP501You have a balance due on one of your tax accounts.
CP503You have an unpaid balance on one of your accounts, and the IRS has not heard from you.
CP504You have an unpaid amount due on your account. If you do not pay immediately, the IRS will levy your state income tax refund to apply it to the amount you owe.
CP504BYou have an unpaid amount due on your account. If you do not pay immediately, the IRS will levy certain property or rights to property to apply it to the amount you owe.
CP521A reminder that you have an installment agreement payment due.
CP523You have defaulted on your payment agreement. Therefore the IRS is terminating the agreement and will levy your assets.
CP601Usted tiene un saldo pendiente de pago (dinero que le debe al IRS) en una de sus cuentas contributivas.
CP603No hemos recibido respuesta de parte de usted y todavía tiene un saldo sin pagar en una de sus cuentas contributivas.
CP604Usted tiene un saldo sin pagar en su cuenta. De no pagar esta cantidad inmediatemente, el IRS embargará cualquier reembolso de impuestos estatales al que tenga derecho y aplicarlo al pago de su deuda.
CP604BUsted tiene un saldo sin pagar en su cuenta. De no pagar esta cantidad inmediatemente, el IRS embargará ciertas propiedades o derechos de propiedad y lo aplicará al pago de su deuda.
CP621Este aviso es para notificarle que usted tiene un plan de pagos a plazos vencido. Por favor, envíe el pago inmediatamente.
CP623Este aviso es para informarle nuestra intención de cancelar su plan de pagos a plazos y confiscar (embargar) sus bienes. Usted incumplió en su acuerdo.
CP711Nosotros realizamos cambios a su planilla debido a que entendemos que hubo un cálculo erróneo. Como resultado de estos cambios, usted adeuda dinero por sus contribuciones.
CP721Hicimos el(los) cambio(s) que usted solicitó a su declaración de impuestos para el año tributario que aparece en su aviso. Como resultado de éste(estos) cambio(s) usted debe dinero en sus impuestos.
CP722Hicimos el(los) cambio(s) que usted solicitó a su declaración de impuestos para el año tributario que aparece en su aviso. Como resultado de éste(estos) cambio(s) usted debe dinero en sus impuestos.
CP771Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses.
CP772Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses.
CP773Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses.
CP774Usted recibió este aviso para recordarle sobre la cantidad que adeuda en contribuciones, multas e intereses.
CP959Usted no radicó su planilla de contribución de negocios identificada en este aviso.
CP2000The income or payment information on file doesn’t match your tax return. The discrepancy may result in an increase or decrease in your tax due.
CP3219AThe IRS has received information that is different from what you reported on your tax return. This may result in an increase or decrease in your tax.
CP3219NThe IRS didn’t receive your tax return, so it calculated your return based on the information received from employers, financial institutions, and others. If you want to challenge the proposed tax, you have 90 days from the date of this notice. If you are outside the country, you have 150 days.
Letter 0012CThe IRS needs additional information to process your tax return.
Letter 0484CThe IRS wants a completed
Letter 0525Updates you on proposed changes after an IRS examination. Any changes are explained and details the refund due or taxes owed.
Letter 531IRS Notice of Deficiency. The information the IRS received about you was different from what you reported on your return.
Letter 0668D(LP 68)The IRS released their levy.
Letter 0549CYour tax bill was paid.
Letter 0681CThe IRS accepted your payment proposal. However, this is not a formal Installment Agreement.
Letter 0757CYou did not adhere to the terms of your Installment Agreement.
Letter LT 11The IRS plans to seize your property or rights to property.
Letter 1058The IRS has not received your payment. It plans to seize your property or rights to property.
Letter 1615 (LT 18)You must respond to the IRS within 10 days of this notice regarding past due tax returns.
Letter 1737 (LT 27)Complete and sign Form 433F, Collection Information Statement.
Letter 1961CYour application for a Direct Debit Installment Agreement was declined. It explains why and what you need to do to qualify.
Letter 1962CYour application for a
Letter 2050 (LT 16)The IRS is trying to collect unpaid taxes from you from returns that have been filed or from returns that have not been filed.
Letter 2257CThe IRS is providing the payoff amount that you requested.
Letter 226-JAn IRS letter to large employers notifying them that they may be liable for an Employer Shared Responsibility Payment (ESRP).
Letter 2271CA request for an Installment Agreement has been approved. It explains the fees and how to qualify for a Low Income Fee Reduction. The letter may also request missing information.
Letter 2272CAn IRS letter explaining why your request to pay the balance due in installments was declined.
Letter 2273CA confirmation letter of your request to pay the balance due in installments. It contained the amount to pay, fees charged, and where to send payment. Instructions on how to apply for the Low Income Fee Reduction included.
Letter 2318CA response to a request to pay taxes due to payroll deductions. It also explains the fees that are charged.
Letter 2357CThe IRS is admitting that it did not send you the balance due notices that it should have.
Letter 2603CThe IRS accepted your installment agreement. The IRS will file a Notice of Federal Tax Lien on your personal property.
Letter 2604CThe IRS has accepted your request for installment payments. This IRS letter provides the monthly payment, the address where to send it, and the fees charged. The letter also provides instructions on how to apply for the Low Income Fee Reduction.
Letter 2761CThe IRS is requesting your combat zone service dates to ensure that it provides you with the special provisions and protection of the combat zone deferment. Copies of military orders or other documentation to support your time served may be requested. Civilians working in support of the Armed Forces may be required to provide a Letter of Authorization or a letter from their employer.
Letter 2789CAn annual reminder notice, as required by law, of the balance due to the IRS. It explains that penalties and interest continue to accrue until the balance is fully paid.
Letter 2840CConfirms your Installment Agreement request and includes the payment amount and due date. This IRS letter explains the fees charged for paying monthly and explains how to apply for the Low Income Fee Reduction (if you qualify).
Letter 3030CProvides an explanation of the tax, penalty, and interest still due on your account.
Letter 3127CA confirmation of your request to make a change to your Installment Agreement. This IRS letter explains the fees for the change. Changes can be to the payment amount or due date, or it can include additional liabilities.
Letter 3174A reminder of taxes due after the IRS has sent a Notice of Intent to Levy.
Letter 3217CThe IRS has accepted your request to pay the balance in installments. This IRS letter provides your payment amount, the due date, and fees charged. The letter also provides instructions on applying for the Low Income Fee Reduction (if you qualify).
Letter 3228 (LT 39)A request to pay the balance due within 10 days using the envelope provided.
Letter 3500The IRS has received your documents, and it needs additional time to review them.
Letter 3572Your Federal Income Tax Return has been selected for examination. The IRS auditor requests that you call to schedule an audit appointment.
Letter 4883CThe IRS received your federal income tax return but needs more information to verify your identity in order to process your tax return accurately.
Letter 4903 (LT 26)You must file your tax returns immediately. The IRS has previously contacted you, but it did not receive a response.
Letter LP 47The IRS is trying to locate the person identified in the letter and is requesting that you provide their new address.
Letter LP 59The IRS has not received a response to the notice of levy it previously sent.
Audit Letter 2205The IRS manages audits either by mail or through an in-person interview to review your records. The interview may be at an IRS office (office audit) or the taxpayer’s home, place of business, or accountant’s office (field audit).
Letter 915You recently underwent an audit, and the IRS informs you that you now owe taxes.

Key takeaways

  • The IRS CP213I Notice indicates a proposed penalty for late or non-filing of Form 5500, 5500-SF, or 5500-EZ.
  • Penalties can accumulate significantly if the issue is not promptly addressed.
  • Responding on time and accurately can mitigate penalties and prevent further complications.
  • Consulting a tax professional is advisable for complex issues or disputes.
  • Maintaining accurate records and timely filing prevents future CP213I Notices.

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