How to Get Tax Relief through the IRS Offer in Compromise Program

The IRS Offer in Compromise program is designed for people who, for whatever reason, are absolutely incapable of paying off their tax debt in full. It can be a powerful tool in helping you permanently eliminate your tax debt. If you owe back taxes to the IRS and you are unable to pay the debt in full, you may be eligible for this program.

It is important to consult with a qualified tax professional first to analyze your current financial situation, previous tax returns and other records. By determining exactly how much you owe the IRS, you are ensuring that you’re not obligating yourself to pay even a penny more than what you owe.

Under this Offer in Compromise program, you and your tax professional can negotiate with the IRS a final settlement amount that will retire your tax debt once and for all. Oftentimes, this settlement amount to pennies of the dollar of your tax debt.

In this current economic downturn, the IRS has announced that it will be providing help to those Americans struggling to meet their tax obligations this year. This is a difficult time for many Americans facing financial hardship, but with the IRS pledging to offer greater flexibility to troubled taxpayers, there’s a unique opportunity for Americans to get the tax help they need now to resolve their IRS debt.

Although you will want to discuss the particulars of your tax situation with your tax consultant, here are some things you will need to know about qualifying for the Offer in Compromise program:

Who can file an Offer In Compromise?

Any taxpayer may file: individuals, married couples, trusts, corporations, limited partnerships, limited liability companies, foundations, associations and other non-profit organizations and estates. In each instance, a duly authorized individual must sign the Offer in Compromise.

What are the requirements for an Offer in Compromise?

In order to be considered for an Offer in Compromise, a taxpayer must meet all of the following requirements:

* Used the most current version of Form 656, "Offer in Compromise," dated February, 2007 and Forms 433-A and 433-B, "Collection Information Statements, " dated January, 2008
* Submit the $150 application fee, and the 20% non-refundable deposit with Form 656 Offer in Compromise
* Filed all required federal tax returns
* Is not a debtor in a bankruptcy case.
* Taxpayers must comply with all federal tax filing and paying requirements for a period of five years following acceptance of their Offer in Compromise, or until the Offer in Compromise is paid in full, whichever is longer. This also includes making required estimated tax payments and federal tax deposits.

What is the most common reason for large tax liabilities that force taxpayers to file Offers in Compromise?

Large tax liabilities are generally caused by unpaid withholding (payroll) taxes. Owners and other responsible parties within a business are personally assessed the unpaid trust portion, or taxes actually deducted from the employees. This is called the 100 percent penalty assessment.

If business owners cannot pay the full withholding tax, they should at least pay the trust portion -that amount withheld from employees-and designate that the payment be applied only to the trust portion liability. The business will owe its share of the payroll taxes due, but its officers and other responsible parties will have no personal liability. Other common reasons for filing an Offer In Compromise include extensive audits, not fling for a number of years or tax shelter investments that are disallowed.

Can penalties and interest be compromised under an Offer in Compromise?

Yes. Penalties and interest can both be compromised in the same way as the underlying tax liability. In fact, in submitting an offer, you must include all owed taxes, plus penalties and interest, for your offer to be considered. However, if penalties are your major concern, then consider a penalty abatement, particularly if you have reasonable grounds for the IRS to waive the penalty. The abatement process is far simpler than an OIC, and it is your proper remedy when you can pay the tax, but believe you have justification for being excused from the penalties.

How likely is it that the IRS will accept an Offer in Compromise?

In the past, the chances of acceptance were poor-only about one in four. The odds of settling with the IRS are now far better because the IRS has liberalized its OIC policies. Taxpayers and their advisors, in turn, have also become more realistic in their offers to the IRS. A realistic Offer in Compromise now stands an excellent chance of acceptance. If you closely follow the instructions in this product, you should have no trouble reaching a fair and workable settlement with the IRS.

How long does it take for an Offer in Compromise to be approved by the IRS?

Generally, you must allow 6-12 months. If you case gets rejected and we take it to Appeals, it could take longer. But no matter how long it takes, a qualified tax professional can often negotiate to have all collection activities suspended.

Will an Offer in Compromise show up on my Credit Report?

A: No. Unlike a bankruptcy or credit card charge off, an Offer in Compromise does not get reported to the credit reporting agencies. An offer in compromise will not negatively affect your credit score. However, ignoring the problem will cause the IRS to file a notice of federal Tax Lien, with your county recorder, which WILL show up on your credit report.


For more information on submitting an Offer in Compromise or to get professional tax advice on reducing your IRS debt, visit www.taxresolution.com for a free tax relief consultation or call 866-IRS-PROBLEMS.