TP bought a house from a NRA in 2022. Since the sale resulted in no capital gain, seller submitted application to IRS to exempt the withholding but IRS said the application was late and did not grant the withholding exemption.
TP's realtor and attorney released 100% of the sale proceeds to seller before IRS' decision on seller's application
And TP had no idea that he needs to withhold the tax.
IRS later asked TP to pay the withholding tax (15% of sale proceeds) plus penalty and interest and TP paid in full.
Even after TP explains to IRS that it is not his fault, IRS refused to refund the withholding tax plus penalty and interest.
Are there any ways that TP can get money back?
TP told me that his attorney contacted IRS about this and was told that TP can request abatement of penalty and interest.
I am not sure if interest can be abated though. And what are good reasons for the abatement of penalty and if even possible, interest? Can the reliance on realtor/attorney's advice be a reason?
As to the 15% withholding itself, TP said the seller is willing to cooperate and has provided him with the tax return showing no capital gain.
Can TP provide seller's tax return to IRS to get the withholding back? from legal perspective, is he allowed to give IRS the seller's tax return?
Thank you!