TaxConnections

 
 

Access Leading Tax Experts And Technology
In Our Global Digital Marketplace

Please enter your input in search

Tag Archive for Offer In Compromise

The IRS Offer In Compromise – 6 Common Myths And Misconceptions

Venar Ayar OIC

When people first hear about the IRS Offer in Compromise (OIC) Program, (depending on where they hear about it from), many common misconceptions may come with it.  So, I am here to clear up some of the most common myths about the OIC Program

Myth #1 – The OIC Program is a scam or “too good to be true”

There are usually two extremes that people go to when you ask them what they think or know about the OIC program.  This myth is on one end of the scale.  (We will cover the other extreme in the next section).  People often immediately (and falsely) assume that the OIC Program is a scam.  I will admit…there are several “tax resolution” companies out there who do use the program to scam innocent people by promising potential clients that they will get them an Offer in Compromise (and settle for pennies on the dollar) before even looking at their financials.  While that is all codswallop, the program itself is NOT a scam. The IRS has 10 years to collect a tax debt from a taxpayer.  And they certainly do not want to spend that time trying to collect a tax debt that the taxpayer simply cannot pay. They also do not want to cause undue hardship by demanding someone pay their full liability if they cannot afford to do so and still meet their basic living necessities.  So, they are willing to work with taxpayers to get at least some of what is owed to them.  It makes the most economical sense to the IRS if they ever want to see any of that money.

Read more

How To Qualify For An Offer In Compromise

How To Qualify For An Offer In Compromise

If you have an outstanding tax debt with the Internal Revenue Service (IRS) but you’re concerned that you are unable to pay it, you may have the option to settle the debt for an amount lower than what you owe. The IRS provides a solution called an Offer in Compromise (OIC) that allows qualifying taxpayers to enter an agreement to pay off their tax liability. An attorney who specializes in tax debt relief can assist you with applying for this tax debt relief program.

The guidelines for qualifying for an Offer in Compromise are somewhat strict but certainly straightforward. First, your reasons for applying must be one of the following:

  • Doubt as to Liability – If the IRS has reason to believe that the amount of your tax debt is incorrect, this would be considered doubt as to liability.
  • Doubt as to Collectibility – When the IRS doubts that it would be able to collect the full amount of the taxpayer’s debt, it may accept an Offer in Compromise. This is often the case if the amount of the taxpayer’s income and assets is lower than the amount of the liability.
  • Effective Tax Administration – The IRS may also accept an Offer in Compromise if paying the tax debt would create a financial hardship for the taxpayer or if collecting the tax debt would be unfair or inequitable.

Read more

How Do I File An IRS Offer In Compromise?

Venar Ayar - Offer In Compromise

As Ben Franklin once said, “In this world, nothing can be said to be certain, except death and taxes.” If you owe a tax debt to IRS, it can be a frightening experience. The IRS has the power to seize and sell your property, place a lien on your property, garnish wages, or even take money straight out of your bank account. If you owe a tax debt to the IRS it is critical that you reach a resolution as quickly as possible, and hopefully, one that is as beneficial to you as possible. For some people, the best option for a solution is the IRS Offer in Compromise (OIC) program. This article will explain what the OIC program is and how to file an OIC.

What is the OIC Program?

The IRS OIC program is a settlement agreement between a taxpayer that owes a tax debt (this includes both individual taxpayers and businesses) and the IRS, that allows for the taxpayer to resolve their tax dispute for less than the full tax debt amount owed. If a taxpayer qualifies for the OIC program they can make a monetary offer to the IRS for a full settlement of their dispute, which the IRS will ultimately accept or reject.

Read more

IRS New Booklet On Offer In Compromise

IRS - OIC

The IRS just issued an updated publication with information for individual taxpayers and business owners unable to pay their taxes. This electronic pub, Offer in Compromise Booklet, helps people understand how an offer in compromise works.

An offer in compromise is an agreement between a taxpayer and the IRS that settles a tax debt for less than the full amount owed. An offer in compromise is an option when a taxpayer can’t pay their full tax liability. It is also an option when paying the entire tax bill would cause the taxpayer a financial hardship. The ultimate goal is a compromise that suits the best interest of both the taxpayer and the agency.

When reviewing applications, the IRS considers the taxpayer’s unique set of facts and any special circumstances affecting the taxpayer’s ability to pay as well as the taxpayer’s:

Read more

What Is A Doubt As To Liability Offer In Compromise?

Venar Ayar - OIC

A doubt as to liability Offer in Compromise (OIC) can be used to settle tax debt when there is a legitimate dispute about whether you actually owe the debt. If accepted, you may use a Doubt as to Liability OIC to settle your tax debt for much less than owe, sometimes for pennies on the dollar.

The process of preparing a Doubt as to Liability OIC takes a lot of effort and knowledge of IRS practices, so consult a tax attorney for assistance.

When Doubt As To Liability Exists

Doubt as to liability generally exits when there is a dispute about the tax assessment that couldn’t be argued earlier for some reason. In other words, the time to dispute the tax liability has passed, but you have a good argument for disputing it.

Doubt as to liability may come up in the following situations:

  • New evidence is found after a tax assessment.
  • You were unaware of a tax assessment and never received notices from the IRS.
  • The IRS audited your return and adjusted your tax liability, but you didn’t receive notices from the IRS.
  • You filed an amended return, but it was never processed by the IRS.
  • Errors made by employers on wage information returns or errors made by the IRS.

Read more

Offer In Compromise FAQs

Chuck Woodson, Offer In Compromise

We’re all responsible for paying our fair share of taxes each year. But what happens when the amount that you owe is simply out of reach? What happens if you failed to make payments in a timely manner and your financial circumstances have shifted to the point where your cumulative debt is beyond your ability to pay? In the face of this untenable position, your best option for paying the IRS may be what is known as an Offer in Compromise.

The Goal of the Offer in Compromise

The Offer in Compromise, or OIC, was created to accomplish two goals: it allows American taxpayers who are unable to pay the full amount of their tax debt a way to negotiate a payment that is in keeping with their ability to pay, while at the same time providing the IRS with the ability to collect at least a portion of the amount that is owed to them. The process is neither simple nor fast: it generally takes at least one to two years for both sides to come to an agreement on an amount to be paid.

Read more

File Back Tax Returns Before Submitting An Offer In Compromise

Venar Ayar, Tax Attorney, Offer In Compromise
Pre-Offer In Compromise Requirements

Before you submit an Offer in Compromise (OIC) to the IRS, you must file all delinquent tax returns. If you send in an OIC and still have unfiled returns, the IRS will return your offer without even considering it.

Even worse, the IRS will keep an initial payment sent with the offer and apply it to your tax debt. Unlike a typical OIC rejection, you don’t have the right to appeal this decision.

Other Important OIC Requirements

The IRS has a good reason for implementing this policy. The OIC program allows some taxpayers to settle their tax debt for pennies on the dollar. Why should the IRS agree to settle your tax debt when they don’t know how much you really owe?

Read more

What Is An Offer In Compromise?

An Offer In Compromise (OIC) is essentially an agreement you come to with the Internal Revenue Service (IRS) in order to settle your tax debts. Not everyone who owes a tax debt is eligible for an OIC; it’s specifically made for those who are not going to be able to pay during the time that the IRS has to collect from them. If the OIC amount you’re offering to pay back is less than the reasonable collection potential (RCP), the IRS won’t usually accept it.

The RCP is a measure of one’s ability to pay back their tax debts. It includes the value that can be realized from the taxpayer’s assets, such as real property, automobiles, bank accounts, and other property. An RCP also accounts for potential future income.

Qualifying For An Offer In Compromise

There are three main situations where the IRS considers an OIC.  These are the basic qualifications.

Read more

IRS Debt Settlement- Scams Vs. The Real Deal

All over the television, and in your spam email box, there are advertisements for IRS settlements.  These companies can help you lower your IRS debt for a fee, customers say they paid a minimal amount, blah blah.  Is this a scam? Well, most likely.  There is a possibility of a settlement for your IRS debt, but you definitely do not need to pay horrendous fees to a company to do it for you.

 Here are some tips:

1.An IRS settlement is called an Offer in Compromise.

2.  The IRS cannot accept a settlement if you can actually afford to pay your bill.  If you know this is you, check out the payment plan options on the IRS website.

Read more

You Owe The IRS And May Qualify For An Offer-In-Compromise

Barry Fowler, offer-in-compromise, late tax filing

If you’re squeamish about filing your taxes because you owe back taxes and aren’t in a position to pay in full, you might be able to qualify for an Offer-in-Compromise (OIC). Depending on how much you owe, you could potentially save thousands of dollars in taxes, penalties, and interest by qualifying for an IRS offer-in-compromise settlement.

Read more

If The IRS Sends You A Bill That You Can’t Pay… Please Don’t Have A Heart Attack!

A few years ago, a client came to me almost at the point of a nervous breakdown. He had been recently audited by the IRS and subsequently received a tax bill in the mail for over $180,000! After briefly perusing the documents he brought in, I quickly realized that something was significantly amiss with this tax bill. So I advised him not to panic, but to leave his documents with me. After comparing the audit adjustments with his documents, I decided that we had to go and pay the IRS a visit.

A couple weeks later, we were sitting down with the officer who had conducted the audit and his manager, and after reviewing the audit adjustments together, the amount originally assessed was eventually cut in half. The audit officer, who appeared to be a rookie, had apparently done a very poor job. Read more

Are You Eligible For An Offer In Compromise?

You just heard or saw a commercial that promises, “If you owe the IRS $10,000 or more we can settle your tax debt!” Don’t fall for it. Even when you hear the announcer say “Yes, no problem! We can settle your tax debt no questions asked.” If you called and you’re on the phone with a sales person, listen to your instincts and hang up right away!

An Offer In Compromise (OIC) is what is being hinted at in these commercials. An Offer In Compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can’t pay your full tax liability, or when doing so creates financial hardship. However, there are many things that must be considered and questions that any respectable professional will ask prior to saying they can settle your IRS Tax debt for less than the full amount of the debt. Read more