The Truth About the Offer in Compromise From Former IRS Agents, Get True Expert Tax Help.
There are many myths about the offer in compromise program. There are strict standards that the IRS employee before they accept an offer in compromise. I know because I’ve both accepted offers in compromise taught new employees to accept the offer in compromise or reject them and I know the system inside and out.
I suggest that every client or taxpayer before they file an offer in compromise either do one of two things.
Number one, call a true tax expert who knows the offer in compromise inside out or to fill out the IRS pre-qualifier tool for the offer in compromise.
If you’re calling a professional firm you want to make sure the representative has at least filed 100 offers. It takes a lot of experience and knowledge to get an offer in compromise through. some are very simple and don’t need a lot of experience while others demand. expertise skill level.
The Internal Revenue Service spends several hours, much more than you think to accept an offer in compromise. As a general rule, the average agent can spend between 20 to 40 hours to accept an offer in compromise.
After that takes place, the revenue officer must convince their local supervisor, the area manager, and the General Counsel of Internal Revenue Service to accept the offer.
It literally goes back and forth in the system. Some exceptions do exist. Dollar amount has a lot to do in the direction your offer will take.
Why? because all offers and compromise are a matter of public record.
As a former IRS agent and teaching instructor I was commissioned by Internal Revenue Service not only to work the offer in compromise program but to teach the program to new IRS agents. As a former agent I accepted offers in compromise and today I submit offers and compromises.
The offer in compromise is an agreement between the taxpayer and the Internal Revenue
IRS is authorized to settle taxes on one of three grounds.
Number one, the doubt of the tax liability, Number two doubt as too the collectibility and number three can to promote effective tax administration.
If you clearly want to have your offer accepted it is wise to use a former IRS agent and experience tax firm in offers in compromise. There is a very unique expertise you have because you have to fit the IRS structures and methodologies to get an offer in compromise approved. If you are contemplating filing an offer in compromise you may want to talk to Michael D Sullivan at our firm and IRS tax specialist and teaching instructor of the offer in compromise
History of the OIC
In the early 1950s, an employee was indicted for taking bribes from a taxpayer seeking to settle their outstanding tax liability debt.
Pres. Truman directed the Internal Revenue Service to open for public inspection all accepted offers in compromise.
Since that time the number of offers accepted has grown from a few hundred to 25,000 annually are accepted.
To view an offer in compromise file a taxpayer must make an appointment in advance.
Files are stored at one of eight based locations,
Taxpayer’s geographical reference the sites include :
3. Laguna Niguel California,
4.St. Paul Minnesota,
6.Buffalo New York,
Right now the offer in compromise program is only available on paper-based public inspection and not electronic format recommendation.
Only one individual reviewed the public inspection files last year and no one reviewed the files at all for the first half of 18.
The Internal Revenue Service at this time is looking at recommendations to make these files available through electronic transmission but the details have currently not been worked out.
If you have questions about an offer in compromise, call former IRS agents, managers, and teaching instructors that know the system.
That public record is available at eight regional IRS offices in the United States. Even though offers are open to public inspection only one person last year looked through the IRS offers in compromise files. IRS is not made electronic copies for review.
There is a base rule for Internal Revenue Service accepting an offer in compromise.
You must give IRS the total equity in all your assets before IRS will consider or contemplate the acceptance. Some exceptions exist, assets consist of houses, pension plans, stock, business valuations,IRS wants to make sure you’re actually borrowing the money to settle.
If you are interested in filing an offer in compromise you can call us today for a free initial tax consultation and I will walk you through the process of the true IRS debt settlement called the offer in compromise.
IRS last year accepted approximately 30,000 offers in compromise in approximately 75,000 were accepted. The average settlement was $9500.
Don’t let this average settlement fool you, it’s based on an average of all the offers accepted.
Offers in compromise are excepted by formula not by judgment.
The basic formula a:re the total value of your assets times what you have left over a month on a current income and expense statement times the number of months left in the statute. Some exceptions do apply
Due diligence that can be used by IRS.
You want to make sure your financial statement is accurate.
IRS has a host of web-based tools that can search your assets, places were you work, your income, your real estate records, your car records, your business records, insurance records ,financial statement you’ve given institutions, credit reports and financial statements you’ve given the credit companies.
Make sure you are very honest in the submission of your offer in compromise
So what is an offer in compromise, a tax debt settlement
An offer in compromise allows you to settle your tax debt for less than the full amount you owe.
It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship.
IRS consider your unique set of facts and circumstances:
• Ability to pay;
• Expenses; and
• Asset equity.
IRS generally approve an offer in compromise when the amount offered represents the most we can expect to collect within a reasonable period of time.
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.
Make sure you are eligible
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
You’ll find step-by-step instructions 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
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. If your offer is accepted, you will receive written confirmation. Any remaining balance due on the offer is paid in five or fewer payments.Perod Payment
• Periodic Payment:
Periodic Payment Offer – An offer is called a “periodic payment offer” under the tax law if it’s payable in 6 or more monthly installments and within 24 months after the offer is accepted. When submitting a periodic payment offer, the taxpayer must include the first proposed installment payment along with the Form 656. This payment is required in addition to the application fee. This amount is generally nonrefundable, just like the 20 percent payment required for a lump sum cash offer. Also, while the IRS is evaluating a periodic payment offer, the taxpayer must continue to make the installment payments provided for under the terms of the offer. These amounts are also nonrefundable. These amounts are applied to the tax liabilities and the taxpayer has a right to specify the particular tax liabilities to which the periodic payments will be applied.
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. See your application package for details.
Understading the process of the offer in compromise:
While your offer 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.
If your offer is accepted, please God!
• You must meet all the Offer Terms listed in Section 8 of Form 656, including filing all required tax returns and making all payments;
• Any refunds due within the calendar year in which your offer is accepted will be applied to your tax debt;
• Federal tax liens are not released until your offer terms are satisfied; and
• Certain offer information is available for public review by requesting a copy of a public inspection file.
If your offer is rejected
• You may appeal a rejection within 30 days using Request for Appeal of Offer in Compromise, Form 13711 (PDF).
Have any questions, call us today for a free initial tax consultation and speak to a true IRS tax expert on how to settle an IRS tax debt with former IRS agents
Offer In Compromise + What You Need to Know To Help Your Settlement By Former IRS