I am a Former IRS Agent, Revenue Officer, and teaching instructor with the IRS. I also worked the offer in compromise program with the Internal Revenue Service.
Taxpayers need to know the facts about ending IRS back tax problem.
There are five different methods to END your IRS back tax problem.
The 5 ways or programs for IRS Tax Debt
1. By Payment in Full, obvious but the easiest way to eliminate the problem,
2. By monthly or installment payments, there are various type payment plans. Monthly installment plans are based on the facts and circumstances of your case. Once again your ability to pay and your current financial statement will determine how IRS will move forward.
3. By the Acceptance of an offer in compromise, (this is how your completely eliminate the tax debt)
Last year the IRS reviewed over 78,000 offers in compromise and accepted approximately 38% for an average settlement of $9500. Don’t let these numbers misguide you, these are based on averages only and different from case to case.
4. By statue expiration. (this is how your completely eliminate the tax debt.
The general statute of limitation on collection cases is 10 years from the date of the assessment.
The assessment date is when your tax return actually gets puts on the IRS computer system. You need an IRS tax transcript to find out when that period begins. Please understand that there are times when the statute of limitations are extended; such as the filing of an offer in compromise, bankruptcy, litigation, and the filing of a collection due process. As I said before you must check your IRS transcript to find out when the statute does toll & expire.
5. For those who cannot pay their debt IRS has a non-collectible or hardship program. 40% of all cases in the open inventory in the collection division are close by hardship.
A hardship case is placed in a non-collectible status after IRS takes a look at a financial statement in its verified documentation. When IRS determines that it is uncollectible, the case is frozen for one or two years. It is only a temporary status, generally these cases do come back out Heyfor review two years later. IRS will continue to take any refund during those periods of time
Upon your initial free tax consultation we will walk through the various programs and let you know the easiest way to exactly resolve your back tax debt.
“The Offer in Compromise”
First and foremost, as a former IRS agent and teaching instructor I accepted and rejected offers from the Internal Revenue Service. I taught the offer in compromise program to IRS agents who were qualified to step up subtle tax debt.
There was a lot of training involved in a revenue officer agent to become an offer specialist, they use seasoned revenue officers who understand the financial process and what’s in the best interest for the government and the taxpayer.
Everyone wants to settle with IRS but there is a very specific format and methodology that must be followed.
There are many myths about the pennies on the dollar program so you need to hear the truth before spending any money.
There are many firms that take your money and then let you know after the fact you are not qualified. you need to know before hand whether you have a fighting chance. Being a former IRS agent employee gives you a huge advantage of having the review your offer in compromise to settle your tax debt.
At our firm we will take no clients money until we are no they are a true candidate for the settlement program.
There are many myths about the offer in compromise so IRS in their great wisdom provides a pre-qualifier tool to find out if taxpayers are eligible for the offer in compromise program so taxpayers do not give their hard-earned money to unsuspecting tax firms promising tax settlements.
The Offer in Compromise + The New Fresh Start Tax Initiative
If you have any questions or issues about the offer in compromise program to settle or negotiate your debt for pennies on the dollar, call us today and we will review your case to let you know if you are a qualified and suitable candidate.
The IRS spends a lot of due diligence before they accept an offer in compromise.
It is possible for the IRS to spend over 20-40 hours working an offer in compromise.
IRS uses the Accuriant search engine, Google in a variety of other searches to check on assets and histories of taxpayers and businesses.
You want to make sure you are accurate and truthful on your financial statement.
The higher the dollar case the greater the due diligence. Many people ask why is this process not that simple. The answer is this, all accepted offers in compromise are a matter of public record for one year in the regional office where the offer was accepted.
The Internal Revenue Service does all that it can to make sure there is a matter of consistency within the offer in compromise program if not still be a tremendous public outcry.
One base rule for the offer in compromise program. IRS is only concerned about your income and assets. This includes your equity in your home, pension plans are IRA’s.
One nice thing about the IRS accepting your offer in compromise is that once you meet the terms of the settlement they will release your federal tax lien.
Below you will find out what you need to know about the offer in compromise program.
The IRS will return any newly filed Offer in Compromise application where the taxpayer has not filed all required tax returns. The internal revenue service will immediately reject your offer in compromise. Any fees included with the OIC will also be returned.
This new policy does not apply to current year tax returns if there is a valid extension on file.
When IRS determines that they will settle with you, IRS will consider your unique set of facts and circumstances:
• Ability to pay;
• Expenses; and
• Asset equity.
IRS will generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time.
Right now that is appox. 9 months
Make sure you are eligible for the offer in compromise to settle your back IRS tax debt.
Before IRS can consider your offer, you must be current with all filing and payment requirements.
You are not eligible if you are in an open bankruptcy proceeding.
Use the Offer in Compromise Pre-Qualifier to confirm your eligibility and prepare a preliminary proposal.
Submit your offer in compromise to settle your IRS tax debt
You’ll find step-by-step instructors and all the forms for submitting an offer in the Offer in Compromise Booklet, Form 656-B (PDF). Your completed offer package will 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 a payment option on an IRS offer settlement:
Your initial payment will vary based on your offer and the payment option you choose:
• Lump Sum Cash:
Submit an initial payment of 20 percent of the total offer amount with your application. Wait for written acceptance, then pay the remaining balance of the offer in five or fewer payments.
• Periodic Payment:(most common)
Submit your initial payment with your application. Continue to pay the remaining balance in monthly installments while the IRS considers your offer. If accepted, continue to pay monthly until it is paid in full.
If you meet the Low Income Certification guidelines, you do not have to send the application fee or the initial payment and you will not need to make monthly installments during the evaluation of your offer.
Understand the process to settle your tax debt on an IRS settlement offer to pay less tax
While your offer to pay less taxes is being evaluated:
• Your non-refundable payments and fees will be applied to the tax liability (you may designate payments to a specific tax year and tax debt);
• A Notice of Federal Tax Lien may be filed;
• Other collection activities are suspended;
• The legal assessment and collection period is extended;
• Make all required payments associated with your offer;
• You are not required to make payments on an existing installment agreement; and
• Your offer is automatically accepted if the IRS does not make a determination within two years of the IRS receipt date.
Call us today for free initial tax consultation and speak to a true IRS tax expert who will walk you through the process of how to negotiate with IRS over back taxes and see if you qualify to pay less taxes for an IRS tax settlement.
5 Ways to End Your IRS Back Tax Debt Problem + Former IRS, Revenue Officer, Michael Sullivan