IRS Offer In Compromise: A Fresh Start Program for Tax Debt

If you have an IRS debt that you really cannot pay off, there is an excellent chance you can settle your debt with the IRS for a figure you can afford.

Many marginal tax firms promote settling your tax debt for “pennies on the dollar”. This can be misleading. Yes, we at Torchlight Tax have settled IRS debts for “pennies on the dollar”. I once had an 80 year old client with a $1.8 million dollar debt who I negotiated a $75 per month payment plan. And when he departs this life, the debt is gone.

But “Settle IRS debt for pennies on the dollar” is a bit misleading. The IRS will settle for “pennies on the dollar” if that is all that they realistically can get, and if we can prove to them that is the case with the meticulous paperwork required, the IRS Code states: “We will accept an Offer in Compromise when it is unlikely that we can collect the full amount owed and the amount you offer reasonably reflects the collection potential…” (Internal Revenue Code section 7122). The compromise program also allows taxpayers to settle with the IRS on tax debt that has been incorrectly assessed or for liabilities they cannot afford to pay.

Starting an Offer in Compromise

The application fee for an Offer in Compromise is nonrefundable and must be included with the offer unless you qualify for an exception as a low-income taxpayer.

To submit an Offer in Compromise, you must include an initial payment along with your application. This initial payment is also nonrefundable.

Supporting documentation is crucial when submitting an Offer in Compromise. This includes financial information, detailed explanations, and any relevant evidence to support your offer.

How the IRS Evaluates Your Offer in Compromise

The IRS evaluates the taxpayer’s ability to pay by considering the taxpayer’s assets, including real property, automobiles, and other property. They assess the amount of equity in these assets to determine the reasonable collection potential (RCP).

Bank accounts are also considered part of the taxpayer’s assets when calculating the RCP.

The IRS calculates the RCP by considering anticipated future income and allowing certain amounts for basic living expenses to measure the taxpayer’s ability to pay.

Economic hardship is another factor that can impact your application. If paying in full would create an economic hardship, this can be considered in your favor.

The IRS will also consider whether accepting the offer is in the best interest of the state when making their decision.

Low-income taxpayers may qualify for a waiver of the $205 application fee, making it easier for them to apply for an Offer in Compromise.

Eligibility for an OIC

To be eligible for an Offer in Compromise, you must have filed all required tax returns and made all required estimated tax payments for the current year.

An open bankruptcy proceeding is one of the reasons the IRS may return your application without consideration.

If the IRS rejects your offer, you have the right to appeal the rejection and can explore other tax-relief options like installment plans or ‘currently not collectible’ status.

The tax debt included in your offer must be one for which you have received a bill from the IRS.

Your tax filing status is also considered when determining your eligibility for an Offer in Compromise.

If the IRS rejects your offer, any payments made will be applied to your outstanding tax liability.

To find out whether an Offer in Compromise (OIC) might be a solution to your situation, contact Torchlight Tax & Accounting in Las Vegas for a free consultation.

Call us at 1-877-758-7797 or 702-463-1818 or email us at info@TorchlightTax.com. We can transfer your call to a branch office near you or help you directly from our central office. Free consultations are available.

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    Sometimes, there may be a situation where a tax return could be amended, but it is too late to receive any benefit. Or maybe you made an error that was missed by the IRS that would have increased your tax liability. In some cases, it is prudent to file an amended return. But if it is not necessary and will not save you any money or decrease your risk, we will tell you not to bother. It is silly to amend a return to no advantage which is too old for the IRS to audit. Some firms might file a bunch of unnecessary tax returns and charge a fee. Sometimes a taxpayer himself might increase his tax liability by filing an unnecessary amendment that increases his tax liability. We will not do this.

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