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Offer in Compromise

Offer in Compromise

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Offer in Compromise

The Offer in Compromise program allows qualified individuals with an unpaid tax debt to negotiate a settled amount that is less than the total owed to clear the debt. An Offer in Compromise permits you to pay less than the full amount of your tax bill. If you are unable to pay your full tax debt or if doing so would put you in financial hardship, it may be a viable choice. The IRS takes into account the following facts and circumstances:

  • Financial ability to pay
  • Expenses from income
  • Equity in a company’s assets

Not everyone is a good fit for the Offer in Compromise program. In fact, very few Offers in Compromise are accepted by the IRS. We can help determine if you might be a good candidate for an Offer.

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DeSena Nickerson LLC.

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What to know about an offer in compromise

When faced with overwhelming tax debt, individuals and businesses often seek viable solutions to alleviate their financial burden. One such option is an Offer in Compromise (OIC), a program administered by the Internal Revenue Service (IRS) that allows taxpayers to settle their tax liabilities for less than the full amount owed. This blog aims to provide you with a comprehensive understanding of the Offer in Compromise process, its eligibility criteria, benefits, and considerations to keep in mind when considering this tax resolution strategy.

What is an Offer in Compromise?

An Offer in Compromise is a legal agreement between a taxpayer and the IRS, whereby the taxpayer proposes to settle their tax debt for an amount less than the total owed. It is a legitimate option for taxpayers who are genuinely unable to pay their full tax liability or can demonstrate that doing so would cause undue financial hardship. The IRS carefully evaluates each offer on its merits, weighing the taxpayer’s ability to pay, income, expenses, assets, and future earning potential.

Eligibility for an Offer in Compromise

Not everyone qualifies for an Offer in Compromise. The IRS has strict eligibility requirements that taxpayers must meet to be considered for this program. Some key factors that influence eligibility include:

  1. Tax Compliance: The applicant must be up to date with all required tax filings and payments. This includes filing all federal tax returns for the past five years and making estimated tax payments for the current year, if applicable.
  2. Ability to Pay: The IRS evaluates the taxpayer’s ability to pay the debt in full. If the IRS believes that the taxpayer has the means to pay the entire amount owed through an installment agreement or other means, they may reject the OIC application.
  3. Reasonable Collection Potential (RCP): The IRS calculates the RCP by considering the taxpayer’s income, expenses, and assets. If the RCP indicates that the taxpayer can pay the full amount owed, the IRS may reject the OIC application.

Benefi ts of an Offer in Compromise

An Offer in Compromise offers several advantages for taxpayers who qualify:

  1. Reduced Tax Liability: The primary benefit of an OIC is the opportunity to settle tax debt for an amount significantly lower than the original liability. This can provide financial relief and allow taxpayers to move forward with a clean slate.
  2. Elimination of Penalties and Interest: Upon acceptance of an OIC, the IRS typically waives all associated penalties and interest, which can significantly reduce the overall tax burden.
  3. Avoidance of Harsh Collection Actions: Once an OIC is submitted, the IRS is generally prohibited from initiating or continuing any collection efforts, including wage garnishment, bank levies, or property seizures.
  4. Fresh Start: Successful completion of an OIC provides taxpayers with a fresh start, allowing them to rebuild their financial lives and regain control over their tax obligations.

The Offer in Compromise Process

The Offer in Compromise process involves several stages, each with its own requirements and considerations. Understanding this process can help taxpayers navigate through the complexities involved:

Preparing the Offer: Taxpayers must gather and submit all required financial documents, including income statements, bank statements, and asset valuations. Accurate and complete documentation is crucial for the success of the OIC.

  1. Submission and Application Fee: The taxpayer must submit the offer, along with the required application fee and initial payment (if applicable). The IRS charges a non-refundable fee, which varies depending on the type of offer and the taxpayer’s financial situation.
  2. Review and Evaluation: The IRS evaluates the offer to ensure it meets the necessary criteria. This includes verifying the taxpayer’s compliance with tax filings and payments and assessing their financial situation based on the submitted documentation.
  3. Negotiation and Appeals: The IRS may request additional information or supporting documentation during the review process. Taxpayers and their authorized representatives can engage in negotiations with the IRS to reach a mutually acceptable settlement. If the offer is rejected, taxpayers have the right to appeal the decision.
  4. Lump Sum or Periodic Payment Offer: Taxpayers can choose between two types of offers – a lump sum cash offer or a periodic payment offer. Each has its own requirements and implications, and taxpayers must carefully evaluate their financial situation to determine the best approach.

Considerations and Potential Challenges

While an Offer in Compromise can provide significant relief, taxpayers must be aware of potential challenges and considerations:

  1. Impact on Credit and Future Finances: An OIC may have an impact on the taxpayer’s credit score and could affect their ability to obtain future loans or credit. Understanding the potential consequences is crucial before pursuing this option.
  2. Stringent Application Process: The OIC application process can be time-consuming and complex. Seeking professional assistance from tax professionals or enrolled agents who specialize in tax resolution can help ensure accurate submission and improve the chances of success.
  3. Alternative Resolution Options: While an OIC is a popular choice, taxpayers should explore alternative resolution options such as installment agreements, currently not collectible status, or bankruptcy, depending on their unique circumstances. Consulting with a tax professional can provide a clearer picture of the most suitable option.

Conclusion

An Offer in Compromise can be a lifeline for individuals and businesses struggling with overwhelming tax debt. By understanding the process, eligibility requirements, benefits, and potential challenges associated with an OIC, taxpayers can make informed decisions about their financial future. Seeking professional advice and guidance from experienced tax professionals is crucial to navigate through the complexities and increase the chances of a successful resolution. Remember, each tax situation is unique, and tailored advice is essential for achieving the best outcome.