Mastering Negotiations: Achieving Tax Debt Relief through Offer in Compromise
The IRS offers a program called an Offer in Compromise (OIC) that allows taxpayers to settle their tax debt for less than the full amount owed. This can be a helpful option for taxpayers who are struggling to pay their taxes due to financial hardship or other extenuating circumstances.
What is Seriously Delinquent Tax Debt?
The IRS evaluates OICs based on two factors:
Doubt as to collectibility
The IRS will consider whether the taxpayer has the ability to pay the full amount of the tax debt. This includes factors such as the taxpayer’s income, assets, and expenses.
Effective tax administration
The IRS will also consider whether accepting the OIC would be fair and equitable to the taxpayer and the government. This includes factors such as the taxpayer’s history of compliance with the tax laws and the circumstances that led to the tax debt.
There are a number of factors that can strengthen or weaken a taxpayer’s case for an OIC. Some of these factors include:
The taxpayer's financial situation:
The IRS will be more likely to accept an OIC if the taxpayer has a low income and few assets.
The taxpayer's history of compliance:
The IRS will be more likely to accept an OIC if the taxpayer has a good history of paying their taxes on time.
The taxpayer's willingness to cooperate:
If you are considering an OIC, it is important to work with a tax professional who is experienced in this area. A tax professional can help you assess your eligibility for an OIC and negotiate the best possible terms with the IRS.
- Be prepared to provide detailed financial information to the IRS. This includes information about your income, assets, expenses, and debts.
- Be clear about your reasons for requesting an OIC. Explain why you are unable to pay the full amount of your tax debt and why accepting your offer would be fair and equitable.
- Be willing to negotiate. The IRS is not always willing to accept the first offer that is made. Be prepared to compromise and make adjustments to your offer as needed.
Negotiating an OIC with the IRS can be a complex process, but it can be a valuable option for taxpayers who are struggling to pay their tax debt. By working with a tax professional and understanding the IRS’s evaluation process, you can increase your chances of success.
Here are some additional resources that you may find helpful:
- IRS Offer in Compromise: https://www.irs.gov/payments/offer-in-compromise
- How to File an Offer in Compromise: https://www.irs.gov/forms-pubs/about-form-656
- Working with a Tax Professional: https://www.irs.gov/taxtopics/tc414
Disclaimer:
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Karla Navarro, EA, CTRC
Founder and principal Enrolled Agent at My Tax Problems Solved. Karla brings a deep well of expertise and a commitment to precision in tax representation to the team.