An Offer in Compromise, or OIC, is an arrangement with the IRS that allows an individual or business to negotiate a settlement amount that is less than the total amount owed. It is important to realize that the IRS considers this a method of last resort; fewer than 1% of all balance due accounts are resolved this way. The IRS greatly prefers installment payments that will result in the eventual collection of the entire balance that is due. However, the OIC option is out there, and if you meet one of the following conditions, it could work for you.
There are three conditions that a taxpayer can fall under to apply for OIC:
1. Doubt as to liability--you are claiming that the IRS made a mistake, and you do not owe the money they are saying that you do.
2. Doubt as to collectibility--you as the debtor are telling the IRS that you do not have the money or assets available to pay the debt, and you never will. The IRS will calculate your available assets through a formula to determine your settlement amount, such as:
Settlement Amount = 60 months of disposable income + the equity in all of your assets.
3. Effective tax administration--you are claiming "special circumstances" because collection of the debt would create an undue hardship and would be unfair. This option is most often used for elderly or disabled taxpayers.
Recent tax legislation requires that those applying for an OIC submit a $150 application fee, along with a 20% payment of the proposed settlement offer. These fees are non-refundable; even if your offer is rejected, the IRS will keep this money. There are exceptions to the fee requirement. If you qualify for a low-income waiver, or if claiming doubt of liability, you will not have to pay the fees. The IRS has two years to make a decision on your offer.
If your OIC does get accepted by the IRS, it is essential that you remain in compliance with the filing and payment of all taxes for a period of five years or until the amount offered is paid in full, whichever is longer. Failure to do so will cause you to be in default on your OIC agreement.
A large past due tax debt can be an intimidating thing; after all, it's not just some annoying collection agency pestering you, it's the federal government. However, it is important when faced with such a challenge to take a deep breath and examine your options carefully and realistically. If you fit into one of the categories described above, an Offer in Compromise with the IRS could be just the thing to get that burden off of your shoulders.
Offer In Compromise Settlement
But an offer in compromise is not for everybody. Many people still believe that if they currently do not have the funds on hand then the IRS will just automatically settle on the tax debt. This is simply not the case. Any request that is made needs to be diligently completed and thoroughly reviewed prior to submission to the agency.
Prior to submitting your request for an offer in compromise, make sure that you explore all other options first. You may be able to borrow funds from family or friends and or even be able to take out a personal loan. In reality, there may be other resources that you can tap into. If not, make sure to consult with a CPA or tax attorney to see if an offer in compromise is right for you.
Taxpayers are required to file Form 656 for the offer or Form 656-L when they have reason to believe that the tax liability is incorrect. In most instances, taxpayers must submit Form 433-A or Form 433-B to provide collection information. Neither of these two forms are required when the taxpayer submits an offer just based on doubt as to the existence of the income tax liability.
One issue that many taxpayers fail to pay close attention to is making sure that all the required information gets properly submitted to the agency on a timely basis. If you don't mail in the proper information or if the information is incomplete it may substantially delay the process. It may take months to get information as to whether the offer in compromise was accepted.
Don't forget to pay your application fee or your offer will be rejected even before it is reviewed. For married couples who have the same joint tax liability, they can file just one Form 656 and list the joint liability. A fee of $150 must be attached to the form. When a married couple has a joint liability and one of the spouses has an individual tax liability, two offers and two application fees are required. Many people don't realize that fees are assessed upon submission of the required forms.
An important step in the process is making sure that you are current on all your income tax filings. It will not look good to the IRS if you are not filing tax returns or making timely tax payments. This is a very important part of the process.
Remember that if your offer in compromise settlement is accepted, you are required to timely file all income tax returns and make timely tax payments for five full years or until your offered amount is paid in full, whichever time period is longer.
Failure to adhere to the above conditions can result in default of the offer and the IRS can then collect the amounts originally owed plus any penalties and interest. Completing a successful offer in compromise can be challenging. Do not navigate the forms yourself...make sure that you hire a professional that can greatly increase your chances of success.
Both Ray Eddings & Paul Sundin are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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