You have received an IRS notice and you owe a lot of money. You don¡¯t
have enough money to pay it. You are losing sleep over it possibly. You
would like to take care of this. An offer in compromise can greatly assist.
The objectives of an Offer in Compromise:
The IRS Restructuring Act of 1998 established three Offer in Compromise categories:
Doubt as to Liability. This category is used when there is doubt as to whether you actually owe the taxes assessed by the IRS.
Doubt as to Collectibility. This is used when there is doubt as to whether you can actually pay the full amount of the tax owed within the time period the IRS is allowed to collect on the debt.
Effective tax Administration. In this case, your financial information shows that you have the ability to pay but you can demonstrate that paying the full tax liability will place you in an economic hardship or be unfair.
Furthermore, you must meet certain qualifications, namely: You must not currently be in any bankruptcy proceeding. All due tax returns must be filed. If you are a business owner, all required federal tax deposits must be made on-time for the two quarters prior to filing the Offer in Compromise.
When you submit your offer, the offer must be greater than the total value of your assets and future income. This is the reasonable collection potential of the IRS.
The new IRC 7122(c)(1)(A) subsection requires that a taxpayer filing a lump sum offer must pay 20 percent of the offer amount with the application. A lump sum offer means any offer of payments made in five or fewer installments.
Also, a taxpayer filing a periodic payment offer pay the first proposed installment payment with the offer application and pay additional installments while the IRS is evaluating the offer. A periodic payment offer means any offer of payments made in six or more installments.
IRC 7122(f), as amended by the TIPRA legislation, will cause the IRS to deem an offer "accepted" if it is not withdrawn, returned or rejected within 24 months after the IRS receipt date subject to judicial proceedings.
If you don't qualify, we will determine if you can brought into qualifying status. We may need to file any unfilled income tax returns or some other action. There is a lot of paperwork to be filed. The number #1 reason offers are rejected is that there is a problem with the paperwork. We guarantee a correct submission. We can walk you through this tough process. Call us for a free consultation.
Income Tax Planning Preparation | Filing of Past Due Tax Returns | Innocent Spouse Relief | Installment Agreement | Non-Collectable Status Negotiations | Release of Federal Tax Lien | Review Transcript Requests | Wage Levy Release | Discharging Old Taxes in Bankruptcy