New York tax penalties at a glance

When you file or pay New York taxes late, the New York Department of Taxation and Finance adds a penalty and charges interest on the unpaid balance. These state penalties are assessed under New York law and are entirely separate from any federal IRS penalty on your federal return.

Late-Filing Penalty
5% of tax due per month, up to 25%; if more than 60 days late, minimum is the lesser of $100 or the total due
Late-Payment Penalty
0.5% of unpaid tax per month, up to a maximum of 25%
Interest on Unpaid Tax
8.5% per year (Q2 2026 income-tax underpayment rate); adjusted quarterly
State Tax Authority
New York Department of Taxation and Finance
State DOR Phone
(518) 457-5181

Source: New York Department of Taxation and Finance (official guidance). Penalty caps and interest rates change — several states reset interest quarterly — so verify the current figure before relying on it.

Getting a New York penalty waived

Late-filing and late-payment penalties (not interest) may be waived for reasonable cause; respond to the bill and select “Disagree with penalty only” with an explanation and documentation.

New York vs. Federal

Most people who owe a New York penalty also owe a federal IRS penalty — and the federal one is usually larger. The good news: federal penalties can often be removed entirely through first-time abatement or reasonable cause. That is the part our practice handles.

The federal side: IRS penalties & Form 843

The IRS does not assess penalties differently in New York than anywhere else — failure-to-file, failure-to-pay, and failure-to-deposit penalties are governed by federal law and apply uniformly nationwide. What changes by state is the IRS service center your case routes through. For New York, federal abatement requests are processed through the IRS service center in Andover, MA.

The mechanism is the same everywhere: Form 843, mailed with substantiation. The legal grounds are first-time penalty abatement, reasonable cause, statutory exception, or administrative waiver. When abatement is granted, the IRS refunds the penalty and the interest it charged on that penalty.

Federal Form for Abatement
Form 843 (mailed)
IRS Service Center
Andover, MA
Authorization Form
Form 8821 (Tax Info Auth)
Typical IRS Processing
60–120 days

What our practice does for New York taxpayers

We represent clients in all 50 states under IRS Circular 230 authorization. Because federal abatement is state-agnostic, location is rarely a constraint. For New York clients specifically, we pull your IRS transcripts (via Form 8821), confirm exactly which penalties were assessed and for which periods, route Form 843 to the Andover, MA service center, and build the reasonable-cause substantiation. The work is contingency-based: if we do not recover, you do not pay.

Start with the calculator on this page — enter your name, email, and rough penalty and interest amounts. We return a refund estimate within one business day and, if you choose to proceed, send the Form 8821 authorization for signature.