Offer in Compromise – Tax Settlement – Settle with the IRS for Less
The IRS has a tax settlement program known as an Offer in Compromise (OIC) which provides financially distressed taxpayers an opportunity to settle their tax debts, including interest and penalties, for a lump sum which is less than the total amount of your tax debt. Some tax debt companies advertise (usually on late night cable tv) this as if it is a brand new or limited time program. In fact an Offer in Compromise has been around since the 1954 version of the Internal Revenue Code. It is true, however, that over the years the IRS has, at least based upon its official guidelines, become more lenient. Nevertheless, except for cases where the taxpayer is truly and irreparably broke, it will require expertise and hard work to convince the IRS that an Offer in Compromise is the appropriate tax settlement solution.
The amount of the Offer in Compromise will vary depending upon your income, assets, liabilities, and future income prospects. Current IRS guidelines allow for the tax settlement to be paid in several installments over a period as long as two years, however, the total payments are higher for a lump sum Offer in Compromise. Many Flat Fee Tax Service clients have paid $100 to $500 to settle with the IRS.
A TAXPAYER DOES NOT NEED TO BE “DESTITUTE” TO QUALIFY TO ACHIEVE A SUCCESSFUL OFFER IN COMPROMISE.
One fact which some tax resolution companies fail to properly explain to new clients it that if the entire amount of the tax, plus accrued interest and penalties can be paid over the remaining life of the collection statute of limitations, the IRS will not consider accepting the Offer in Compromise. This results in a very strange phenomenon. In some situations, the more you owe, the more likely it is that the IRS will accept an Offer in Compromise.
CURRENTLY THE IRS HAS BEEN APPROVING APPROXIMATELY 42% OF THE
OFFER IN COMPROMISE SUBMISSIONS.
FLAT FEE TAX SERVICE CLIENTS HAVE A
Our tax lawyers have found that the negotiation of an Offer in Compromise (OIC) is a lengthy process usually takes 10 to 12 month to complete. While the IRS is processing the Offer in Compromise submission, the IRS must leave you alone. If the IRS fails to reject or accept the Offer in Compromise during a two-year period, the tax settlement will be deemed to be accepted. During the time the OIC is pending, the IRS will not require any payments on old taxes. However, during the time an OIC is pending, you must pay all of your current taxes as they become due, including any quarterly estimated income tax payments and federal payroll tax deposits. If you fail to do so, the IRS will immediately reject your OIC and you will not be entitled to any appeal rights. Furthermore, your deposit, discussed below, will be applied to your taxes and if you wish to make a new Offer in Compromise, you will need to make an additional deposit.
At the time the Offer in Compromise is filed, a deposit must be submitted. The amount of the deposit is 20% of the amount offered for a “lump sum” Offer in Compromise. For a “periodic payment” Offer in Compromise, you must include the first proposed installment with the IRS settlement offer. While a periodic payment OIC is being evaluated by the agency, you must make subsequent proposed installment payments as they become due. If the OIC is rejected, withdrawn, or returned, the IRS keeps any deposits made and applies them to the back taxes you owe. There is also a filing fee for an Offer in Compromise. As of 2016, the filing fee was $186.
If the Offer in Compromise is accepted, you must file and pay all taxes (including any estimated taxes and federal tax deposits) for a period of five years following the acceptance of the OIC. You are going to be required to “be good” for five (5) straight years. If you fail to file your If you breach this or any other term of the OIC, the IRS may immediately proceed against you to collect the entire amount of the original tax liability including interest and penalties, less any payments already received under the terms of the Offer in Compromise, with interest on the unpaid balance accruing from the date of default. An accepted IRS settlement may also be revoked if the IRS determines that there has been a falsification of concealment of assets, or a mutual mistake of a material fact sufficient to cause a contract to be reformed or set aside. In the event your OIC is accepted, a record of the amount of the taxes due and the amount accepted will be available for public inspection for a period of one year at the local IRS office.
The mere act of submitting the Offer in Compromise will extend the time the IRS has to collect the overdue taxes from you for a period of one year, plus the time that the IRS is considering your OIC. This means that if your Offer in Compromise is rejected, the time it took from beginning to to rejection will be added to the Statute of Limitations. Submitting the offer may also delay the earliest time in which you could discharge your taxes bankruptcy. Until the OIC is accepted, interest and penalties continue to accrue on the outstanding balance due. Any refunds owed to you by the Internal Revenue Service for tax years before the end of the calendar year during which the OIC is accepted will be kept by the IRS. Upon acceptance of the OIC, you will give up all rights to dispute the correctness of the tax for any of the years compromised.
THE IRS WANTS TO ACCOMPLISH TWO (2) THINGS: COLLECT MONEY AND CLOSE FILES. AN OFFER IN COMPROMISE ACCOMPLISHES BOTH OF THESE GOALS. THE IRS WILL HAVE COLLECTED “SOMETHING” AND THE FILE IS CLOSED. SO, IF IT CAN BE SHOWN THAT YOU CANNOT PAY YOUR TAX DEBT WITHIN THE STATUTE OF LIMITATIONS, THE IRS HAS AN INCENTIVE TO APPROVE THE TAX SETTLEMENT.
I am Dave Rosa. It is my duty and pleasure to provide you with a comprehensive and free consultation. my conversation with you will take 20 to 30 minutes. You can be assured that at the end of our conversation, you will know if you should do an Offer in Compromise or not.
We have have been doing successful Offer in Compromise submissions for the past twenty years. Our tax professionals will get you through this settlement process successfully.
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