An Offer In Compromise allows you to settle your tax liability for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship. At Idaho Tax Resolution we consider your unique set of facts and circumstances to qualify for the OIC at a great success rate.
Offer in Compromise (OIC) is a program that the IRS provides for taxpayers that owe taxes they can’t pay. Offer in Compromise enables the taxpayer to settle their liability to the IRS for a reasonable amount, less than they already owe. Offer in Compromise also offers taxpayers that believe they don’t owe those taxes in the first place, a chance to file an OIC and have those tax liabilities reconsidered via the IRS.
With the OIC Program, all back tax liabilities are settled with the amount of the offer. This also allows for all Federal Tax Liens to be released upon IRS acceptance of the Offer in Compromise with payment of the amount offered. When an OIC is is filed, its acceptance is based on the taxpayers inability to pay their taxes to the IRS. From there, the IRS looks at the taxpayers current financial position, equity in assets and their ability to pay their liabilities. In essence, the Offer in Compromise program enables taxpayers to get the fresh start they are hoping for.
Taxpayers can compromise all types of IRS taxes, penalties and interest. If you qualify for this program you can save thousands of dollars in taxes, penalties and interest.
DEFINITION of ‘Offer In Compromise’
A program offered by the IRS to taxpayers who are unable to pay their tax liability. Those who qualify are allowed to make an offer in compromise, which is an offer to pay a lesser amount than that which is owed. The offer in compromise program is intended to allow taxpayers with substantial back taxes to settle their tax liability and start over with a clean slate, so that they can remain current on their taxes in the future.
BREAKING DOWN ‘Offer In Compromise’
Taxpayers can find out whether they are eligible for an offer in compromise by consulting the checklist on Form 656 of the offer in compromise IRS package. In order to qualify, taxpayers must fall into at least one of the following three categories:
1) Uncertain Liability – Is tax really owed?
2) Uncertain Collectability – Taxpayer has no way to pay this liability.
3) Economic Hardship – Taxpayer must prove that paying the liability would be unfair or create further hardship.
Applying for an Offer in Compromise
In order to submit the actual OIC application, the following forms may be required (depending on your situation):
- Form 656 – Offer in Compromise – This is the actual form required to make the offer. This form outlines the agreement between the taxpayer to pay a certain amount to cancel their outstanding liability with the IRS.
- Form 656-A – Income Certification for Offer in Compromise Application Fee and Payment. In order to waive the application fee due to your income level, this form must be submitted to the IRS. If approved, this form will waive the OIC processing fee and the 20% down payment.
- Form 433-A (OIC)– Collection Information Statement for Wage Earners and Self-Employed Individuals. This is the form the IRS uses to determine a taxpayer’s financial hardship. The taxpayer must list all their income, expenses, assets, and liabilities. If approved for an OIC, this form will have to be often resubmitted so the IRS can ensure that there have been no changes that would allow the taxpayer to afford to pay the tax liability. The IRS can demand that the taxpayer resubmit this form at any time to reflect their current income and expenses.
- Form 433-B (OIC)– Collection Information Statement for Businesses. This is financial statement form. It is similar to Form 433-A (OIC), but for businesses.
If the OIC is rejected, what are my options?
If the OIC is rejected, taxpayers can submit an appeal within 30 days of the date on the rejection notice. The appeal will be submitted on Form 13711, “Request for Appeal of Offer in Compromise.”
This appeal letter needs to address the issues raised in the OIC rejection and the taxpayer will likely have to provide additional documentation. If accepted, the appeal will allow the taxpayer the opportunity to renegotiate their rejected offer under more acceptable terms for the IRS.