IRS Tax Lawyer Tells: How Does an Offer in Compromise Work?

irs OFFER IN COMPROMISE

An Offer in Compromise is an option that you have with the IRS to settle your back income taxes. If you owe a substantial amount of money in federal taxes ($10,000 or more), you can submit an IRS settlement through the Offer in Compromise for less than your total outstanding balance and see if the IRS accepts it. Generally considered the “nuclear option” if you have a tax bill you doubt you’ll ever be able to pay off, filing an offer in compromise is a long and daunting process (an Offered settlement can take 12 months) with many confusing and seemingly contradictory requirements. Even though the Offer in Compromise program was simplified through the Fresh Start Initiative, gathering all the necessary paperwork for an offer in compromise is incredibly time to consume as is staying on top of communications from the IRS regarding your settlement offer. However, if your income tax debt is significant and/or you are in poor shape financially, it may be worth it to take the time to submit an offer in compromise.

Offer in Compromise Types

First, you, the financially struggling taxpayer, need to know what type of offer in compromise you should file. There are two chief types of offers: doubt as to collectibility and doubt as to liability. Doubt of collectibility offers are made if it doesn’t look like the IRS will have any chance of collecting all or most of your outstanding balance right now or in the near future because your assets and income are outweighed by your outstanding balance. If you are filing a doubt as to liability offer in compromise, the premise for settling your back taxes is that there have been tax administration errors, and you don’t actually owe as much as the IRS says you do. Your liability isn’t supposed to exist under the current tax law, or ministerial errors were made.

An Offer in compromise can also be made in the name of effective tax administration, where you are not arguing that tax law was correctly applied (and your balance is collectible to an extent) but that paying your outstanding taxes would cause a significant financial hardship, and the IRS isn’t going to get any money out of you as a result. For example, the value of your home could determine that your tax liability is collectible but losing your home would result in hardship.

THE ONLY TYPE OF OFFER IN COMPROMISE THAT YOU NEED TO BE CONCERNED WITH IS: DOUBT AS TO COLLECTIBILITY

Fees and Low-Income Certification

Generally, there is a $186 nonrefundable application fee when you apply for an offer in compromise. It is totally separate from any tax payments and doesn’t count toward your outstanding balance. The only exception to this is if you are submitting an offer based on doubt as to liability. The fee is also waived if you qualify for the low-income exception. If your monthly income falls at or below 250% of the poverty guidelines set by the Department of Health and Human Services, you can check off the low-income certification section of the offer in compromise form (Form 656).

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Eligibility and Taking Care of Unfiled Tax Returns

The IRS Tax Lawyer at Flat Fee Tax Service, Inc., who is handling your IRS tax problem, will ensure that you’re eligible for an offer in compromise. If you are in open bankruptcy proceedings, you can’t make an offer.

Flat Fee Tax Service, Inc. can determine if you are eligible and qualified to settle with the IRS during our initial consultation.

Next, you need to make sure that you’ve filed all outstanding tax returns. The alternative is to wait for the IRS to file substitute returns on your behalf, but this frequently doesn’t have the best outcome. Substitute returns only account for the bare minimum of tax benefits and rely on data already in the system, such as W-2s and 1099s on file, opposed to what your actual tax situation could look like. Because of this, your total outstanding tax debt could look a lot larger than it really is and make it harder for your offer to be accepted as a result.

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Compiling a Personal Financial Statement

You need to prove that your income and assets are insufficient to pay your entire outstanding tax balance. Form 656 has two different financial statement forms, one for individuals and businesses, with an extra section for self-employed taxpayers. This statement is incredibly exhaustive as you must provide information about your and your spouse’s employment, whether your dependents and other people living in your household contribute to the household income, household expenses, vehicles and other assets, and virtually anything else related to your ability to pay down your tax debt. You must include copies of documents such as pay stubs, car notes, student loan payments, and other proof of your expenses, income, assets, and debts to substantiate what you entered on the financial statement. If you are self-employed, you need to provide an extensive breakdown of assets used in your business as well as where your income comes from and the type of expenses you have.

The purpose of collecting so much financial information is so that the IRS can determine if you can pay your balance in a reasonably short timeframe and that it doesn’t merit the other resolution options available to you such as going on a payment plan or making your account temporarily uncollectible.

Making the Actual IRS Offer in Compromise and Choosing a Payment Plan

Once you’ve compiled your financial statement, which should support your Offer in Compromise amount and how much you are able to pay, you then make the actual offer. The offer price should be as close to the original tax liability as possible, within reason.

You also will specify if you will make the offer in five payments or less with a lump-sum payment plan or periodic plan (typically monthly). If you are opting for the lump-sum option, your package must include a payment for 20% of the total offer amount. For periodic plans, including the first period’s payment in your package. You then need to stay current on these payment plans while waiting for the IRS to make a decision.

Waiting for the IRS to Respond

Once you submit the offer and your initial payment, you must honor the payment arrangement proposed in your offer even though it will take time for you to get a response. While the IRS is processing your offer, you need to keep making these payments or else your offer will be voided. The only exception to this rule is if you meet the low-income certification guidelines.

Another important factor to consider is that while you wait for the IRS to accept or reject your offer in compromise, penalties and interest will still mount on your outstanding balance. Collection actions will be suspended, but you may still receive a federal tax lien that won’t be released until the terms of the offer have been satisfied. Because of this, if you have any outstanding installment agreements, then you don’t need to make payments on them.

If you received a notice that your offer was accepted, or two years passed from the date that the IRS received your offer, and they still didn’t respond with a decision, then your offer has been deemed acceptable. You still must keep up with the payments that you were making while waiting for a response, except that now your outstanding balance has been reduced to your offer amount. If you have any federal tax refunds for future tax years, they will also be applied to your outstanding balance.

A Returned Offer in Compromise and Rejections

A common mistake people make when submitting an offer in compromise that comes back to them is confusing it for a rejection. The IRS will sometimes send back an offer in compromise package if the information is missing. Other reasons for returning the offer package include failure to enclose the application fee or make the first payment, didn’t file the required tax returns, or didn’t pay current tax liabilities while the offer was being considered. While being in open bankruptcy proceedings generally deems you ineligible, you can still try to submit an offer in compromise, and it will just get returned instead of outright rejected.

This distinction is important because having an offer package returned to you doesn’t give you a right to an appeal. Your submission date completely resets once you’ve gathered all the missing information and/or payments and can resend your offer, starting the entire process all over again. This means that you will need to update your financial statement as well as provide new and current supporting documents.

If your Offer in Compromise is rejected, however, you will receive a formal rejection notice in the mail with detailed instructions on how to elevate your case to the IRS Office of Appeals. Your request for an appeal has to be made within 30 days from the date on this letter, or else you’ll have to start an entirely new offer from scratch. You will usually be given reasons for rejection and have the opportunity to dispute them as well as make a counteroffer for the amount you will pay over time.

Potential Consequences of Submitting an Offer in Compromise

If the IRS accepts your Offer in Compromise, you will never be able to dispute the amount in court or anywhere else. If you wind up having to file for bankruptcy after the offer has been accepted, the amount of federal taxes you owe now can’t be disputed.

If you suspect that you are going to default on a payment plan once they IRS has accepted an offer in compromise, you should contact the IRS immediately so your offer isn’t voided in the event of an emergency such as job loss, domestic violence, or health problems.

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How to file a successful Offer in Compromise

FLAT FEE TAX SERVICE, INC. OFFER IN COMPROMISE INFO

What is an Offer In Compromise? It is a legal settlement with the IRS

What You Must Know Before You File an Offer in Compromise
* Do You Qualify for an Offer in Compromise?

The Form 656-B, Offer in Compromise Booklet (PDF) contains information about filing an Offer in Compromise, worksheets, and all forms necessary to file an Offer in Compromise.

When submitting an Offer in Compromise (OIC), taxpayers must use the most current version of Form 656, Offer in Compromise (PDF), or Form 656-L, Offer in Compromise (Doubt as to Liability) (PDF), depending on the basis of the offer in compromise. Taxpayers should file Form 656 when there is a doubt that the liability could be collected in full through a lump sum or an installment agreement and file Form 656-L when it is believed that the tax liability is incorrect. Taxpayers may not file offers concurrently claiming both that the tax liability is incorrect along with an inability to pay the liability.

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A SUCCESSFUL OFFER IN COMPROMISE

In most cases, taxpayers must submit Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or Form 433-B, Collection Information Statement for Businesses. Neither the Form 433-A nor Form 433-B is required when a taxpayer submits an Offer in Compromise (OIC) based solely as to doubt as to liability.

How Many Forms 656 and Application Fees are Required?

The general rule when determining how many settlements offers and application fees are necessary is “one fee and form per entity”. The Form 656-B contains an Offer in Compromise Application Fee and Payments matrix to assist you in determining the number of Forms 656 and application fees required.

Examples:

A married couple owing the same joint income tax liability may file only one Form 656 listing the joint liability. One fee of $150 should be attached to the Form 656. A married couple opting to file separate offers to compromise the same joint liability may do so, but two $150 application fees will be required.

When a married couple owes a joint liability and one spouse also owes an individual (non-joint) liability, two OICs and two application fees are needed.

A divorced, separated or married couple living apart may still file one From 656 listing their joint liability and pay only one $150 fee as long as all the taxes owed are joint liabilities. Taxpayers in these situations that opt to file separate offers must pay a $150 application fee for each offer that is submitted for consideration.

Note: These examples assume that the taxpayers do not meet one of the exceptions for paying the application fee: your Offer in Compromise (OIC) is filed under doubt as to liability or the taxpayer has completed and attached Form 656-A to Form 656.

YOU REALLY SHOULD HAVE AN EXPERIENCED IRS TAX ATTORNEY

PREPARE YOUR IRS SETTLEMENT

Keys to Success in the Offer in Compromise Program:

1. Explore all collection options before submitting an offer in compromise

2. Complete the “Is Your Offer in Compromise Processable?” checklist located in the Form 656-B, Offer in Compromise Booklet. (If you make any ‘kind of mistake” on your paperwork, the IRS will return your Offer in Compromise and tell you its is “un-processable”. The IRS won’t tell you what the mistake is. The IRS will immediately resume enforcement action against you. You will have to start out “all over again”.)

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3. Submit all required documentation

4. Complete all items on Form 656, Offer in Compromise

5. Include all required fees and payments

6. Be current with all filing and paying requirements (estimated taxes and federal tax deposits) and remain current

7. Respond promptly to all requests for additional information

8. Complete all items on Form 433-A or Form 433-B

Where to File Form 656

Residents of: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Mississippi, Montana, Nevada, New Mexico, Oregon, Tennessee, Texas, Utah, Washington, Wisconsin or Wyoming:

If you are a wage earner, retiree, or a self-employed individual without employees; then mail Form 656 and all attachments to:

Memphis Internal Revenue Service
Center COIC Unit
PO Box 30803 AMC
Memphis, TN 38130-0804

If you are other than a wage earner, retiree, or self-employed individual without employees; then mail Form 656 and all attachments to:

Memphis Internal Revenue Service
Center COIC Unit
PO Box 30804, AMC
Memphis, TN 38130-0804

Residents of: Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Vermont, Virginia, West Virginia, or have a foreign address:

If you are a wage earner, retiree, or a self-employed individual without employees; then mail Form 656 and all attachments to:

Brookhaven Internal Revenue Service
Center COIC Unit
PO Box 9007
Holtsville, NY 11742-9007

If you are other than a wage earner, retiree, or a self-employed individual without employees; then mail form 656 and all attachments to:

Brookhaven Internal Revenue Service
Center COIC Unit
PO Box 9008
Holtsville, NY 11742-9008

Where to File Form 656-L (Doubt as to Liability)

Brookhaven Internal Revenue Service
COIC Unit
PO Box 9008
Holtsville, NY 11742-9008

All this information is taken from the IRS website and is vital information to have. For any questions please call our office.

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What To Do When You Receive an IRS Notice – Call Flat Fee Tax Service

Receiving a notice from the IRS is not something most people look forward to. You may be confused as to what the notice is saying, and afraid of the possible consequences, such as owing substantial back taxes, interest, and penalties.

IF YOU GET AN IRS NOTICE, CALL THE BEST IRS HELP TEAM AT FLAT FEE TAX SERVICE, INC. AND FIND OUT WHAT YOUR BEST OPTIONS ARE.

However, there are two important things to know about most IRS notices:

1. You may have the right to challenge or appeal the action the IRS is taking, and You usually have a limited time to do so.

2. If you toss the IRS notice aside and forget about it, you may lose out on your chance to appeal an incorrect tax assessment or to stop an IRS collection action. The IRS is also much easier to deal with when you are proactive about solving your tax problems, rather than failing to respond to IRS notices and hoping for the best.

There are many different types of IRS notices, but the Notice of Deficiency and the various collection notices are two common ones that you should be aware of.

The Notice of Deficiency

The Notice of Deficiency, also known as a 90-day letter, is the last best chance to disagree with the IRS determination of additional tax due. Don’t ignore it! If you do, you will be very unhappy later.

Once you receive this notice, you have 90 days to file a petition in Tax Court. If you have any reason to believe that the IRS has made an error in computing the tax, you should contact a tax litigation attorney immediately, so you can argue your case in Tax Court.

After filing your petition, you may not need to go to court at all. Your tax attorney may be able to negotiate a settlement that eliminates some or all of the assessed tax. Even if you and your attorney decide that the IRS is likely to win their case, you can negotiate an installment plan or Offer in Compromise in order to avoid any IRS collection actions.

IRS Collection Notices

There are many different types of notices to inform you that the IRS is about to use its broad collection powers to take your assets. Some of these notices include:

Notice of Intent to Levy
Notice of Federal Tax Lien
Notice of Jeopardy Levy
Notice of Levy on Your State Tax Refund
Post Levy Collection Due Process Notice

If you receive any of these IRS notices, you need an IRS Tax Attorney. When the IRS sends out one of the above notices, it means that the IRS is about to—or already has—seized your property, whether it was the funds in your bank account, a portion of your wages, or something else.

IF YOU HAVE RECEIVED ANY OF THESE IRS NOTICES, YOU NEED AN IRS TAX ATTORNEY TO PROTECT YOUR RIGHTS.

You have a right to challenge these collection actions, whether they have already happened or not. In most cases, you can request a Collection Due Process hearing, but you only have 30 days to make such a request.

You may or may not be able to dispute the INCOME tax assessment at this point, but you can challenge the specific collection action being taken, and either agree to a payment plan or Offer in Compromise, either of which is preferable to having the IRS drain your bank account or garnish your wages.

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IRS Installment Agreement – IRS Payment Plan Revoked – Flat Fee Income Tax Relief Help

The IRS will allow a taxpayer to pay off an income tax debt through an installment agreement. Because interest and penalties will apply. The IRS encourages taxpayers to pay taxes immediately because the IRS is a collection agency. To “encourage” a taxpayer to pay off their past due to income tax debt, interest and penalties will be added and can equal 8% to 25% per year. If you do nothing, your overdue income tax debt could double in 4 years.

For most financially struggling taxpayers the thought of paying the entire income tax debt all at once is not possible. An installment agreement is an alternative allowed by the IRS. The IRS has four different types of installment agreements: guaranteed, streamlined, partial payment, and non-streamlined.

BEFORE YOU AGREE TO AN IRS PAYMENT CONSULT WITH AN EXPERIENCED IRS TAX RELIEF EXPERT

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Guaranteed IRS Installment Agreement

To qualify for a guaranteed installment agreement with the IRS, the taxpayer must meet the following conditions:

  • Owe less than $10,000, (not including interest and penalties);
  • In the previous five years, the taxpayer has filed tax returns, paid taxes owed, and has not entered into an installment agreement;
  • The taxpayer is unable to pay the tax liability when due;
  • The tax liability will be paid off within three years; and
  • The taxpayer must pay at least the minimum monthly payment (tax liability, interest, and penalties divided by 30)

Under this payment plan, the IRS will not file a federal tax lien against the taxpayer.

The IRS Streamlined Installment Agreement

In most cases, a taxpayer that qualifies for a guaranteed agreement will also qualify for the streamlined installment agreement. A streamlined installment agreement has the following requirements:

  • The tax liability, interest, and penalties do not exceed $25,000;
  • The balance can be paid off within 60 months; and
  • The proposed payment is equal to or greater than the “minimum acceptable payment” (the minimum acceptable payment is the greater of $25 or the minimum payment amount reached by dividing the tax liability, interest, and penalties by 50)

The taxpayer must pay a fee of $105 to set up the installment agreement or $52 for a direct debit installment agreement. To restructure or reinstate a previous installment agreement, the IRS charges a $45 fee. Like a guaranteed installment agreement, the IRS does not file a federal tax lien.

IRS Partial Payment Installment Agreement

A partial payment agreement allows the IRS to enter into agreements with taxpayers for the partial payment of a tax liability. To qualify for this arrangement, the taxpayer must complete a financial statement using Form 433-F to report income and living expenses. The IRS will review and verify the information. If the taxpayer has assets that can be sold to pay some of the tax debt, the IRS will require the taxpayer to provide additional information.

If approved, the taxpayer will be required to participate in a financial review every two years. This review may result in the increase in installment payments or the termination of the agreement.

IRS Non-Streamlined Installment Agreement

If a financially struggling taxpayer owes $25,000 or more and can make monthly payments to the IRS, a non-streamlined agreement can be an option. The IRS will not automatically approve this agreement; instead, the taxpayer must negotiate with the IRS by providing detailed financials. The taxpayer must file Form 433-F, Collection Information Statement. This form collects information about income, debts, living expenses, assets, accounts, and allows the taxpayer to propose an installment payment amount.

It will usually take a few months for the IRS to review a proposed payment plan. The IRS may refuse a proposed agreement if it considers some of the taxpayer’s living expenses unnecessary, if the untruthful information was provided, or if the taxpayer failed to complete a prior installment arrangement.

If a taxpayer is unable to pay a tax liability through a non-streamlined agreement, consider filing an Offer in Compromise.

BEFORE YOU COMPLETE A FINANCIAL FOR THE IRS

CONSULT WITH AN EXPERT IRS TAX PROFESSIONAL

Ways the IRS Will Accept Payments

Taxpayers can make installment payments in the following ways:

  • Payroll Deduction
  • Direct debit
  • Check or money order
  • Electronic Federal Tax Payment System (EFTPS)
  • Credit card
  • Online Payment Agreement (OPA)

When Will the IRS Revoke an Installment Agreement

The IRS can revoke an installment arrangement under the following circumstances:

  • The financially struggling taxpayer misses a payment;
  • The financially struggling taxpayer does not file a tax return or pay taxes after the agreement is entered into ;
  • The financially struggling taxpayer provided inaccurate information on Form 433-F; or
  • The financially distressed taxpayer is paying under a partial payment installment agreement and a review indicates a change in their financial position.

BEFORE YOU AGREE TO AN IRS INSTALLMENT PAYMENT PLAN

FIND OUT IF YOUR CURRENTLY NOT COLLECTIBLE

FIND OUT IF YOU ARE QUALIFIED FOR AN IRS SETTLEMENT

DO NOT AGREE TO PAY THE IRS MORE THAN YOU NEED TO PAY

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Stop IRS Wage Garnishment – Flat Fee Tax Service Inc. – Same Day IRS Help

At Flat Fee Tax Service, Inc., our IRS wage garnishment customers have had their IRS wage stopped, released and removed in one (1) business day. Our team of IRS income tax relief experts doesn’t send mail to resolve your problem. Our IRS Tax Attorneys pick up the phone and handle your IRS wage levy problem immediately.

Flat Fee Tax Service, Inc. can do this because our company of motivated professionals specializes in understanding exactly how the IRS works and what vital documentation is needed.

IRS wage garnishments and IRS Levies will be stopped, released and removed in one business day if done properly. One has to realize that the last resort the IRS utilizes is a wage garnishment or levy. This is one of the most lethal weapons available to the IRS. There are several ways to have the levy or garnishment released.

The first thing that has to be done is to verify that the taxpayer is in compliance with the IRS. Being in compliance means that all outstanding and missing tax returns for every year have been filed with the IRS. Those tax returns include 1040’s, 1099’s, quarterly estimated tax payments, 940/941’s depending on the particular situation of the taxpayer.

The first thing to do in order to determine if you are in compliance with IRS regulations is to immediately contact the IRS upon receipt notice of an IRS garnishment or levy. Be advised that you need to be extremely cautious (the IRS is not your “buddy”) when contacting the IRS in regards your IRS income tax problem. Before the IRS will give you any information on your compliance, they will immediately interrogate you, trying to find out what bank accounts you have, what other incomes you have and the assets you own. This is all in an effort to begin to levy, garnish or seize any assets the taxpayer may have. This is one of the main reasons why an IRS tax professional should contact the IRS on behalf of the financially struggling taxpayer. An IRS Tax Attorney does not have to release that personal information to the IRS. Your representative’s goal at this point is to determine if the taxpayer is in compliance with the IRS.

Everything is determined by the IRS computers and the automated collections system (ACS). The only way to be brought into compliance is by filing all years that were not filed. Depending on what the computer states, you may have to file 6 year’s worth of IRS tax returns or they may even go back to 15 year’s worth of taxes. This is why the IRS must be contacted immediately to figure out what needs to be done to bring the taxpayer back into compliance.

If there are compliance issues, the IRS will inform the tax professional or the taxpayer what taxes must be filed. It is important to prepare these taxes, but not to mail them in. They need to be faxed to the IRS so they are acknowledged in the IRS computers immediately and the processing of these returns can start within hours, not weeks or months. Normally, the IRS will not release the wage garnishment until the tax returns are at least submitted for processing to the IRS.

Our IRS Tax Attorneys Have Had Great Success in Stopping an IRS Levy Prior to Filing Missing Tax Returns

If necessary, the tax return department at Flat Fee Tax Service, Inc. can expedite the preparation of your tax returns. Once it is determined that a taxpayer is in compliance, the next thing the IRS is looking for is a resolution to the outstanding income taxes owed to the IRS. A taxpayer will either need to enter into an Installment Agreement, be declared to be Currently not Collectible (CNC) or file an Offer in Compromise settlement (OIC).

Should the financially struggling taxpayer owe more than $25,000, the IRS will request your financial information through certain IRS Forms in order to determine how much, if anything, the taxpayer can afford to pay towards the entire income tax liability. If your file is being handled in the automated collections division, an IRS 433F form (a simplified Collection Information Statement) has to be prepared and submitted along with supporting documentation. If the file is with an IRS Revenue Officer, an IRS 433A form (a detailed Collection Information Statement) has to be prepared and filed with the Revenue Officer, also along with the supporting documentation. The IRS has many years of experience in squeezing uninformed taxpayers and the IRS knows that in 90% of the cases, the wage garnishment or IRS levy is a hardship on the taxpayer, and the proper procedure is that after submitting these financials, the IRS should release the wage garnishment within hours. Unfortunately, some taxpayers try to perform this procedure by themselves. Without an experienced tax professional involved, the IRS will simply drag their feet and prolongs the taxpayer’s agony because it is the IRS’s position to take this drastic action due to the fact that the taxpayer did not comply with any of their prior requests. The IRS tax professional you chose to represent you should force the IRS to comply with the rules and regulations to have these matters expedited within hours and not weeks or months.

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VERY, VERY IMPORTANT: There is a second method of having an IRS wage garnishment or IRS levy stopped, removed and released. Our IRS Tax Attorneys will initiate procedures to prove to the IRS that this IRS wage garnishment is a true and immediate hardship to the taxpayer. A hardship to the taxpayer is that housing, transportation or food expenses are at an immediate risk; i.e. if your electricity is about to be disconnected, and you can provide a statement from your service provider showing that your electricity is being shut off due to non-payment or if you are able to provide an eviction notice or foreclosure notice due to non-payment the same method applies. Asking the IRS to release the wage garnishment based on these facts is a very difficult task because the IRS is receiving nothing in return providing a solution to the outstanding taxes. This is an uphill fight with the IRS but the IRS is supposed to follow procedures and in most situations, the taxpayer is unable to resolve this issue without a tax professional.

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  1. Our Christian Values is why we do not have Client Complaints.
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  6. 90% of our Client who has submitted an IRS Settlement have received a successful Offer in Compromise.
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Virginia IRS Tax Debt Relief – Affordable IRS Help – IRS Tax Attorneys – Expert IRS Income Tax Relief Team

Flat Fee Tax Service, Inc. provides IRS income tax help in Virginia and throughout the United States. Our IRS Tax Relief Team is Fast, Friendly and Affordable. The IRS Tax Attorneys at Flat Fee Tax Service, Inc. work directly with you and are Licensed and IRS Certified to practice in all fifty (50) states.

Our team of dedicated IRS income tax relief professionals can get you immediate IRS Tax Debt Relief. Our experienced IRS Tax Attorneys know all the tax procedures. Our years of experience will work for you.

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Flat Fee Tax Service, Inc. Procedures – IRS Tax Debt Relief  

How our IRS Tax Resolution Team Will Settle and Negotiate your case with the Internal Revenue Service:

1. Our IRS Tax Attorneys immediately send a power of attorney to the IRS letting them know that you, the financially struggling taxpayer, have an income tax representative. You will never have to speak to the IRS.

2. Our IRS Tax Attorneys and our income tax preparation department will make sure all your tax returns are filed and current. If your income tax returns are not up to date, the IRS will refuse to work your case. This is the leverage that they use to get you compliant. Our expert tax relief team can pull tax transcripts, file and prepare your tax returns within days, even if you have lost your tax records.

3. If the IRS requires a current financial statement our IRS Tax Attorney, working with you, will secure a required 433-A (IRS financial statement), verify the income and expenses and work out a settlement agreement. The IRS will require a closing settlement method for each case.

An IRS Income Tax Settlement Agreements can be in different forms:

a. An IRS Hardship Settlement – Cases usually go into a 3 year suspended status because of an inability to pay. This is formally called currently Currently not Collectible or CNC. Your case will go into a hardship status because the taxpayer does not have the income coming in to meet his/her current expenses. The IRS will use the National Standards Program to assess hardship of a financially struggling taxpayer.

b. IRS Payment Agreements – Cases can be closed with agreed upon monthly installment payments to the IRS. We will review the different programs the IRS uses for the lowest possible amount required. Remember this: Anyone can agree to a very bad IRS Installment Agreement. An IRS Tax Relief Professional will get you the best deal possible.

c. IRS Offer in Compromise (OIC). There are three types of IRS Settlements:

The IRS may accept an Offer in Compromise based on three grounds:

1. Doubt as to Collect Ability – Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.

2. Doubt as to Liability – A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include:

(1) the examiner made a mistake interpreting the law,

(2) the examiner failed to consider the taxpayer’s evidence or

(3) the taxpayer has new evidence.

3. Effective Tax Administration / Exceptional Circumstances – There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider a settlement through the Offer in Compromise program. To be eligible for a settlement compromise on this basis, a taxpayer must demonstrate that the collection of the tax would create an economic hardship or would be unfair and inequitable

4. We review with our clients how they want to settle their case. We get them an agreement based on their current financial needs.

The only settlement circumstance you should be concerned with is “Doubt as to Collectability.

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  1. Guided by our Christian Values is why we do not have client complaints.
  2. Accredited by the Better Business Bureau. A Plus Rating. Read our BBB testimonials for yourself.
  3. IRS Tax Attorneys work directly with you.
  4. IRS Wage Levies are stopped, removed and released in one (1) day.
  5. 90% of our clients who have submitted an IRS settlement have received a successful Offer in Compromise.
  6. Flat, Low and Affordable Fees that can be stretched out over 10 months.

See our homepage for more details about Flat Fee Tax Service, Inc.

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IRS Tax Resolution Companies – Flat Fee Tax Service Is Your Best Tax Defense – Income Tax Relief Help

Flat Fee Tax Service, Inc. is a full-service tax debt negotiation and resolution company serving individual taxpayers, corporations, associations, and small business.

The IRS income tax resolution team at Flat Fee Tax Service, Inc. offers financially struggling taxpayers a clear understanding of the procedures to resolve your income tax problem and to provide our clients with realistic expectations as to probable outcomes. The number one job of our IRS tax resolution team is to negotiate the lowest possible IRS payment amount, under the most favorable schedule, allowed by law. Flat Fee Tax Service, Inc. will not allow you to retain our team’s income tax relief services unless you are an eligible candidate for IRS income tax relief.

During our free and confidential consultation, our team will evaluate your IRS income tax problem and advise you of your options. We will give you our direct and honest assessment. Our tax resolution team will let you know what needs to happen to relieve you of your income tax problem. The IRS has very strict guidelines IRS settlement eligibility. Our tax relief team will advise you up front, prior to you hiring us. Flat Fee Tax Service, Inc. will advise you as to the tax relief options that are available.

Our tax relief team will have a comprehensive plan for you, the financially struggling taxpayer, after a review of your IRS filings, other documentary information you provide to us and a comprehensive financial interview. This ethical and honest approach to income tax problem resolution has helped Flat Fee Tax Service, Inc. achieve high client satisfaction.

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Flat Fee Tax Service, Inc. offers IRS income tax resolution services to taxpayers with more than $10,000 in overdue income tax debt. Our clients work directly with the experienced IRS Tax Attorney who will assure that your rights are preserved and you pay the lowest amount of tax allowed by law, on terms that you can afford.

There is a reason we named our tax resolution company, Flat Fee Tax Service, Inc. We have always worked on a flat fee basis for an agreed scope of work that will resolve your income tax problem and DO NOT require the whole fee up front!

Many tax resolution companies have tried to copy our method of helping financially struggling taxpayers. What income tax resolution company will do the following for one low and affordable fee?

  1. Stop, Remove and Release an IRS Wage Levy in one (1) Day.
  2. Prepare up to three (3) missing, unfiled tax returns.
  3. Prepare your IRS Settlement through the Offer in Compromise program.

ONE LOW AFFORDABLE FEE FOR ALL THIS WORK

$1900.00 (TOTAL FLAT FEE) PAID IN 10 MONTHLY INSTALLMENTS OF $190

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YOU ARE NOT ALONE

IRS income tax problems are more common than you think. One (1) in six (6), or approximately 26 million of 153 million individual taxpayers across the United States (and beyond our borders) either disagree over what the income tax owed to the IRS or conversely, agree with the past due income tax debt. At this time, most taxpayers cannot pay their income tax debt in full. Of the 26 million individual taxpayers with an IRS problem, about half owe the IRS $20,000 or more. Almost ALL of these taxpayers are in the lower 99%. Many millions do not have enough money to pay the entire amount due in one payment or make payments. Until the IRS the entire income tax debt is paid in full or settled, the interest and penalties will increase and the IRS enforcement becomes ever more intrusive on household finances.

The IRS Is An Unforgiving Creditor To Naive Taxpayers.

The IRS is the most powerful collection agency on the planet Earth. The IRS has the power to seize bank accounts, garnish your wages, your Social Security, SSDI, Veteran’s Pension and force the immediate sale of homes and other property. The IRS collects income tax debt by a variety of extremely intrusive means, and the taxpayer is always playing defense. To collect your money, the IRS will completely disrupt the economic life of a taxpayer, without regard to future consequence for the taxpayer. Once you become a client of Flat Fee Tax Service, Inc., our income tax resolution team, will stop IRS enforcement actions and start the process to settle your income tax problem.

The IRS Collection and Enforcement Actions Can Be Stopped.

The IRS is not going willingly help a financially struggling taxpayer but there are procedures a taxpayer can use to prevent the seizure of assets such as a wage levy (garnishment). If a taxpayer is eligible to negotiate the amount they owe to a steeply discounted rate through the Offer in Compromise program or to work out a payment plan that the taxpayer can afford. The settlement procedures are arcane, they are not publicized by the IRS and the IRS will not assist a taxpayer in settling their income tax debt. The purpose of the IRS is to collect money. The purpose of the IRS is not to assist a taxpayer on how they can rid themselves of an income tax debt. Taxpayers whose economic life and well being are at stake will receive a better result by engaging an experienced tax resolution professional to execute proper procedures and to negotiate for them. Positive results happen when you have expert advocates on your side.

“DON’T TAKE A KNIFE TO A GUNFIGHT” 

GET ARMED WITH FLAT FEE TAX SERVICE, INC.

A Flat Fee Tax Service IRS Tax Attorney Can Stop IRS Collection Actions, Can Negotiate Tax Debt Amounts and Can Structure Payment Arrangements that the Taxpayer Can Afford.

Our IRS tax resolution team will go to work immediately to obtain tax relief for you. Your Flat Fee Tax Service IRS Tax Attorney will take immediate action to stop IRS levies on bank accounts and IRS seizure of assets. After your IRS levy is stopped and released, will start to negotiate with the IRS to arrive at an amount that the taxpayer can afford.

Flat Fee Tax Service, Inc. Specializes in Negotiating and Settling Income Tax Debts – That Is What We Do.

Our IRS tax relief team are not generalist CPA’s or attorneys that “every so often” represent clients when they have an income tax problem. The IRS Tax Attorneys at Flat Fee Tax Service, Inc. has negotiated and settled thousands of cases all across these United States. In fact, we have clients located all over the world. Flat Fee Tax Service, Inc. will settle more income tax debts in a month than most CPA’s handle in an entire career.

Who Should Call Flat Fee Tax Service, Inc? 

Financially struggling taxpayers who are receiving notices (especially certified notices) from the IRS; taxpayers whose wages are being levied (garnished) or bank accounts have been levied, taxpayers that have federal tax liens filed against them; taxpayers with unfiled and missing tax returns; and businesses that owe payroll taxes. Clients compensate Flat Fee Tax Service, Inc. on a flat, fixed fee basis determined up front to properly represent the client before the IRS tax authorities to permanently resolve our client’s income tax problem.

FLAT FEE TAX SERVICE, INC.:

  1. We are guided by our Christian Values which is why we do not have client complaints.
  2. Accredited by the Better Business Bureau. A Plus Rating. Read our BBB client testimonials.
  3. Low, Affordable Fees.
  4. Experienced IRS Tax Attorneys work directly with you.
  5. IRS wage levies stopped, removed and released in one (1) day.
  6. 90% of our clients who submitted an IRS settlement have received a successful Offer in Compromise.
  7. Our clients receive positive results.

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IRS Taxpayer Forgiveness Program – New IRS Effort to Help Struggling Taxpayers Get a Fresh Start – Major Changes Made to IRS Lien Process

The IRS current effort to help struggling taxpayers, the Internal Revenue Service announced in 2011 a series of new steps to help taxpayers can get a fresh start with their overdue income tax liabilities. In fact, the IRS program is called “the Fresh Start Initiative.”

The goal of the IRS is to help individuals and small businesses meet their tax obligations, without adding unnecessary burden to taxpayers. Specifically, the IRS is announcing new policies and programs to help taxpayers pay back taxes and avoid tax liens.

“We are making fundamental changes to our lien system and other collection tools that will help taxpayers and give them a fresh start,” former IRS Commissioner Doug Shulman said. “These steps are good for people facing tough times, and they reflect a responsible approach for the tax system.”

The IRS Fresh Start Initiative centers on the IRS making important changes to its lien filing practices that will lessen the negative impact on taxpayers. The changes include:

  • Significantly increasing the dollar threshold when federal income tax liens are generally issued, resulting in fewer tax liens.
  • Making it easier for taxpayers to obtain lien withdrawals after paying a tax bill.
  • Withdrawing federal income tax liens in most cases where a taxpayer enters into a Direct Debit Installment Agreement.
  • Creating easier access to Installment Agreements for more struggling small businesses.
  • Expanding a streamlined Offer in Compromise program to cover more taxpayers.

“These steps are in the best interest of both taxpayers and the tax system,” Shulman (former IRS Commissioner) said. “People will have a better chance to stay current on their taxes and keep their financial house in order. We all benefit if that happens.”

This is another in a series of steps to help struggling taxpayers. In 2008, the IRS announced federal income tax lien relief for people trying to refinance or sell a home. In 2009, the IRS added new flexibility for taxpayers facing payment or collection problems.

TAKE ADVANTAGE OF CURRENT IRS POLICY BEFORE IT CHANGES

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Federal Income Tax Lien Thresholds

The IRS will significantly increase the dollar thresholds when federal income tax liens are generally filed. The new dollar amount is in keeping with inflationary changes since the number was last revised. Currently, federal income tax liens are automatically filed at certain dollar levels for people with past-due balances.

The IRS plans to review the results and impact of the federal income tax lien threshold change in about a year.

A federal income tax lien gives the IRS a legal claim to a taxpayer’s property for the amount of an unpaid tax debt. Filing a Notice of Federal Tax Lien is necessary to establish priority rights against certain other creditors. Usually, the government is not the only creditor to whom the taxpayer owes money.

A federal income tax lien informs the public that the U.S. government has a claim against all property, and any rights to property, of the taxpayer. This includes property owned at the time the notice of lien is filed and any acquired thereafter. A lien can affect a taxpayer’s credit rating, so it is critical to arrange the payment of taxes as quickly as possible.

“Raising the lien threshold keeps pace with inflation and makes sense for the tax system,” Shulman said. “These changes mean tens of thousands of people won’t be burdened by liens, and this step will take place without significantly increasing the financial risk to the government.”

Federal Income Tax Lien Withdrawals

The IRS will also modify procedures that will make it easier for taxpayers to obtain lien withdrawals.

Federal Income tax liens will now be withdrawn once full payment of taxes is made if the taxpayer requests it. The IRS has determined that this approach is in the best interest of the government.

In order to speed the withdrawal process, the IRS will also streamline its internal procedures to allow collection personnel to withdraw the federal income tax lien.

Direct Debit Installment Agreements and Federal Income Tax Liens

The IRS is making other fundamental changes to liens in cases where taxpayers enter into a Direct Debit Installment Agreement (DDIA). For taxpayers with unpaid assessments of $25,000 or less, the IRS will now allow lien withdrawals under several scenarios:

  • Federal income tax lien withdrawals for taxpayers entering into a Direct Debit Installment Agreement.
  • The IRS will withdraw a federal income tax lien if a taxpayer on a regular Installment Agreement converts to a Direct Debit Installment Agreement.
  • The IRS will also withdraw federal income tax liens on existing Direct Debit Installment agreements upon a taxpayer request.

Federal Income tax liens will be withdrawn after a probationary period demonstrating that direct debit payments will be honored. The probationary period is usually three (3) months.

In addition, this lowers user fees and saves the government money from mailing monthly payment notices. Taxpayers can use the Online Payment Agreement application on IRS.gov to set-up with Direct Debit Installment Agreements.

“We are trying to minimize burden on taxpayers while collecting the proper amount of tax,” Shulman said. “We believe taking away taxpayer burden makes sense when a taxpayer has taken the proactive step of entering a direct debit agreement.”

IRS Installment Agreements and Small Businesses

The IRS will also make streamlined Installment Agreements available to more small businesses. The payment program will raise the dollar limit to allow additional small businesses to participate.

Small businesses with $25,000 or less in unpaid tax can participate. Currently, only small businesses with under $10,000 in liabilities can participate. Small businesses will have 24 months to pay.

The streamlined Installment Agreements will be available for small businesses that file either as an individual or as a business. Small businesses with an unpaid assessment balance greater than $25,000 would qualify for the streamlined Installment Agreement if they pay down the balance to $25,000 or less.

Small businesses will need to enroll in a Direct Debit Installment Agreement to participate.

“Small businesses are an important part of the nation’s economy, and the IRS should help them when we can,” Shulman said. “By expanding payment options, we can help small businesses pay their tax bill while freeing up cash flow to keep funding their operations.”

The IRS Settlement – Offers in Compromise

The IRS is also expanding a new streamlined Offer in Compromise (OIC) program to cover a larger group of struggling taxpayers.

This streamlined Offer in Compromise (OIC) is being expanded to allow taxpayers with annual incomes up to $100,000 to participate.

The Offer in Compromise (OIC) is subject to acceptance based on a complicated financial formula. An offer in compromise is a settlement agreement between a financially struggling taxpayer and the IRS that settles the taxpayer’s income tax liabilities for less than the full amount owed. Generally, an offer will not be accepted if the IRS believes that the income tax liability can be paid in full as a lump sum or through a payment agreement. The IRS looks at the taxpayer’s income and assets to make a determination regarding the taxpayer’s ability to pay.

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Offer in Compromise – Internal Revenue Service – Hardship Settlements – Affordable IRS Settlement Offers

An Offer in Compromise is an IRS settlement that allows a financially struggling taxpayer to settle an income tax debt for less than the full amount owed. An Offer in Compromise may be a legitimate option if the taxpayer cannot pay the full income tax liability, or doing so creates a financial hardship. The IRS must consider a taxpayer’s unique set of facts and circumstances:

  • Ability to pay;
  • Income;
  • Expenses; and
  • Asset equity.

The IRS will generally approve an offer in compromise settlement when the amount offered represents the most that the IRS can expect to collect within a reasonable period of time. The IRS will try and discourage a taxpayer. Explore all other payment options before submitting an offer in compromise. The Offer in Compromise program is not for everyone. If you hire a tax professional to help you file an offer, be sure to check his or her qualifications.

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Make sure you are eligible to settle with the IRS:

Before the IRS will consider a taxpayer’s settlement offer, the taxpayer must be current with all filing and payment requirements. You are not eligible if you are in an open bankruptcy proceeding. Call the IRS tax relief team at Flat Fee Tax Service, Inc. for your free and confidential consultation. A consultation call to our team will be the quickest way for a taxpayer to find out their qualifications for an IRS settlement.

Submit an Offer in Compromise Settlement:

A taxpayer can submit an IRS settlement on their own. It is not recommended. Presently, at the time of this writing, the IRS is accepting 40% of the settlement offers that are submitted. Most of the 40% used a tax professional. The clients who use Flat Fee Tax Service, Inc. have had a 90% success rate. 

If you are stubborn and want to do your own settlement, you will find step-by-step instructions and all the forms for submitting an offer in the Offer in Compromise Booklet, Form 656-B.  A taxpayer’s completed offer package must include:

  • Form 433-A (OIC) (individuals) or 433-B (OIC) (businesses) and all required documentation as specified on the forms;
  • Form 656(s) – individual and business tax debt (Corporation/ LLC/ Partnership) must be submitted on separate Form 656;
  • $186 application fee (non-refundable); and
  • Initial payment (non-refundable) for each Form 656.

Select payment option:

The taxpayer’s initial payment will vary based on the offer and the payment option chosen:

  • Lump Sum Cash: Submit an initial payment of 20 percent of the total offer amount with the application. Wait for written acceptance, then pay the remaining balance of the offer in five or fewer payments.
  • Periodic Payment: Submit an initial payment with the application. Continue to pay the remaining balance in monthly installments while the IRS considers the settlement offer. If accepted, continue to pay monthly until it is paid in full.

Should a financially distressed taxpayer meet the Low-Income Certification guidelines, the taxpayer does not have to send the application fee or the initial payment and the taxpayer will not need to make monthly installments during the evaluation of the offer. Check the application package for details.

You Need to Understand the Entire Process:

While a settlement offer is being evaluated:

  • The taxpayer’s non-refundable payments and fees will be applied to the income tax liability (payments can be designated to a specific tax year and tax debt);
  • A Notice of Federal Tax Lien may be filed;
  • Other collection activities  (levies) are suspended;
  • The legal assessment and collection period is extended;
  • Make all required payments associated with the settlement offer;
  • The taxpayer is not required to make payments on an existing installment agreement; and
  • The settlement offer is automatically accepted if the IRS does not make a determination within two years of the IRS receipt date.

IMPORTANT NOTE:

If a taxpayer decides to do their own Offer in Compromise, the settlement offer had better be done correctly the VERY 1st TIME. The reason is this: the IRS suspends the Statute of Limitations during the Offer in Compromise submission process. That means if the settlement offer is rejected for any reason, the IRS has extended the time to enforce collection.

DO IT RIGHT THE FIRST TIME AND AVOID A LOT OF TROUBLE

FLAT FEE TAX SERVICE, INC.:

  1. Guided by our Christian Values which is why we do not have Client Complaints.
  2. Accredited by the Better Business Bureau. A Plus Rating. Check our BBB reviews for yourself.
  3. Experienced IRS Tax Attorneys will work directly with you throughout the process.
  4. Stop, remove and release an IRS wage levy in one day.
  5. 90% of our clients who submit an IRS settlement have received a successful Offer in Compromise.
  6. Low, Affordable Fees. Fees can be stretched out over 10 to 12 months.
  7. Our clients receive positive results.

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How Much Money will the IRS Settle For? How Much will a Taxpayer Settle in an Offer in Compromise?

The average amount that the IRS settles for in an offer in compromise is currently $6,629.  Sounds good, does it not? If only an IRS settlement was that easy, every taxpayer would be submitting IRS settlements, right?

These are the facts. In 2014, the IRS received 68,000 offers in compromise from taxpayers. The IRS accepted 27,000 of those settlement offers. The IRS accepted 40% of the settlement offers submitted.

FLAT FEE TAX SERVICE, INC.’S CLIENTS HAVE A 90% SUCCESS RATE 

The total amount accepted in all Offers in Compromise in 2014 was $179 million which is an average income tax settlement of $6,629.

The above statistics do not mean that a financially struggling taxpayer will settle with the IRS for that amount, or that there is a 40% chance your IRS settlement offer will be accepted.

The IRS uses a very specific and complicated formula in determining the settlement value of an Offer in Compromise and whether or not to accept or reject it.  Your success depends on how a taxpayer fits into the IRS formula.

The IRS Offer in Compromise program formula works like this:

  1. The IRS will figure out how much they think that a taxpayer can pay them every month in an installment agreement. They do this by asking for your pay stubs or, if you are self-employed, a recent profit and loss statement from your business.
  2. The IRS wants to know about your monthly living expenses.  Some of those expenses such as your housing and utilities, car payment(s) and food/clothing will subject to IRS limitations. The IRS calls these limitations Collection Financial Standards, often referred to as allowable living expenses. The IRS is trying to create more cash flow than the struggling taxpayer will actually have by limiting the expenses to amounts the IRS thinks are reasonable.

The taxpayer’s monthly income, minus the allowable living expenses, equals the taxpayer’s monthly cash flow.  The IRS is going to put a value on the cash flow for purposes of determining the Offer in Compromise settlement value.

If the taxpayer can pay the IRS the offered settlement within five months after acceptance, the IRS values your monthly cash flow by multiplying it by a factor of 12. $200 of monthly cash flow will equate to an offered settlement valuation of $2,400.

If the taxpayer is unable to pay the settlement in full within five months, the IRS will grant you 24 months payment terms. However, your monthly cash flow ($200/month in our example) would be multiplied by a factor of 24, increasing the settlement offer to $4,800. The IRS will give the taxpayer a discount for paying the IRS the offered settlement sooner rather than later.

After determining the value of the settlement offer, the IRS will then turn to a valuation of the taxpayer’s assets, and add that to the value of your cash flow.  How much is your “stuff” worth?  Your car, house, retirement plan?  Subtract any loans to arrive at equity, and in most cases, reduce that by 20% to get to your IRS valuation.

Add your cash flow (multiplied by a factor of 12 or 24) to your asset value, and you have your proposed IRS settlement amount.

The taxpayer’s success with an offer in compromise is based on a full understanding of the IRS investigative process into the income, living expenses and assets of the taxpayer. It is not a one size fits all situation. The amount of one taxpayer’s settlement has no bearing on the success of another taxpayer.  The IRS does not have a set percentage of settlement to the amount owed.  

The taxpayer’s settlement offer depends on convincing the IRS that your financial situation is dismal and that the IRS will never get paid after applying their internal guidelines.

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FLAT FEE TAX SERVICE, INC.:

  1. Guided by our Christian Values is the reason we do not have client complaints.
  2. Accredited by the Better Business Bureau. A Plus Rating. Check our testimonials on the BBB website.
  3. Experienced IRS Income Tax Attorneys work directly with you.
  4. Stop, Remove, Release an IRS wage levy in one (1) day.
  5. 90% of our clients who have submitted an IRS Offer in Compromise has received a successful IRS settlement.
  6. Low, Affordable Fees. 10 to 12 months to pay our fees.
  7. Our Clients Receive Positive Results.

“America’s Best & Most Affordable IRS Income Tax Relief Team”

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