Template from tincompliance.com. When a deposit was late because the bank or the EFTPS financial agent delayed it after receiving a timely instruction, the failure-to-deposit penalty on that deposit is abated only on Form 13287, Bank Payment Problem Identification, completed and signed by a bank official. The taxpayer's own bank receipt "is NOT sufficient" (IRM 20.1.4.24.1 and 20.1.4.24.2, Mar. 11, 2024). The IRS gives 30 days to return the form. This kit is the letter to the bank, the checklist of what the bank must certify, and the cover letter to the IRS. On Form 945 the abatement is a manual entry (TC 181, PRC 014); expect to follow up.
Part 1. Letter to the bank requesting Form 13287
[Company legal name]
EIN: [00-0000000]
[Address]
[Date]
[Bank name]
Attn: [Branch manager / ACH operations / Treasury services]
[Address]
Re: IRS Form 13287, Bank Payment Problem Identification, for a federal tax deposit of $[amount] instructed on [date]
Dear [Name]:
On [date] [Company] instructed [Bank] to make a federal tax deposit of $[amount] for Form [945 / 1042], tax period [year], by [ACH debit through EFTPS / ACH credit / same-day wire], to settle on [required settlement date]. The deposit settled on [actual date]. The IRS has assessed a failure-to-deposit penalty on the difference.
The IRS abates that penalty only when the bank certifies the delay on its Form 13287. A blank copy is enclosed. Please have an officer of the bank complete it, stating:
- the date and time [Company] instructed the bank to make the deposit, and the method;
- that [Company]'s account held sufficient collected funds on that date;
- the amount, the payee (U.S. Treasury / EFTPS) and the date the bank actually transmitted or settled the deposit;
- the cause of the delay, and that the delay occurred after the bank received the instruction.
Please return the signed form to [name, email, fax] by [date: allow at least 10 days before your IRS deadline]. The IRS has given [Company] 30 days from [date of IRS letter] to submit it. Thank you.
[Signature]
[Name], [Title]
[Phone, email]
Part 2. Checklist before you send the package
☐ Form 13287 is completed and signed by a bank official, not by us.
☐ The form states the instruction date, the sufficient-funds statement, the amount, the payee and the actual transmission or settlement date.
☐ The delay is described as occurring after the bank received the instruction. A delay caused by our late instruction is not bank error and will not be abated.
☐ For an ACH debit through EFTPS: the EFTPS acknowledgment number and a bank statement showing the withdrawal date are attached (IRM 20.1.4.24.2).
☐ For a same-day wire: the Fedwire confirmation and the time of transmission are attached. Wires sent after 5:00 p.m. Eastern are not processed until the next day; the bank must certify that the instruction was received before the cutoff.
☐ The penalty notice (CP 161, CP 210, CP 220 or Letter 313-C) is attached, with the penalized deposit identified.
☐ Only the deposit(s) covered by the bank's certification are claimed. Other late deposits, if any, are addressed separately (reasonable cause or a 6656(e) designation).
☐ The package is being sent within the 30 days the IRS allowed.
☐ We are not asking for interest relief: interest is not abated for bank error (IRM 20.1.4.24.2(17)).
What will not work: a payroll processor's or reporting agent's delay. The IRS position is that penalty relief for third-party deposit delays is not available (IRM 20.1.4.24.1(4)); the taxpayer remains liable until funds are in Treasury's control. Form 13287 is for the bank or the Treasury financial agent only.
Part 3. Cover letter to the IRS
[Company legal name]
EIN: [00-0000000]
[Address on file with the IRS]
[Date]
Internal Revenue Service
[Address shown on the notice or letter]
Re: Failure-to-deposit penalty, Form [945 / 1042], tax period [year]; [Notice / Letter] dated [date]; request for abatement for bank error, Form 13287 enclosed
Dear Sir or Madam:
[Company] requests abatement of the IRC 6656 penalty assessed on the deposit of $[amount] due [due date], which settled on [actual date]. The deposit was instructed on [instruction date] with sufficient funds on deposit, and the delay occurred at [Bank / the EFTPS financial agent] after the instruction was received.
Enclosed is Form 13287, Bank Payment Problem Identification, completed and signed by [name, title] of [Bank], together with [the EFTPS acknowledgment number [number] and the bank statement showing the withdrawal / the Fedwire confirmation]. The deposit was timely made for purposes of IRC 6656 because the delay occurred after the bank received a timely instruction (IRM 20.1.4.24.1).
This request concerns only the deposit identified above. [If applicable: A separate request regarding the deposit(s) of [dates] is enclosed.]
Please send the recomputed penalty and the adjustment notice to the address above. Questions may be directed to [name, title], [phone].
Under penalties of perjury, I declare that I have examined this request and the enclosed documents, and to the best of my knowledge and belief they are true, correct and complete.
[Signature]
[Name], [Title]
[Date]
Enclosures: Form 13287; EFTPS acknowledgment and bank statement [or wire confirmation]; copy of the notice