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IRS Offer in Compromise
MTX Tax Advisory Institute

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What you should know before preparing an Offer in Compromise

Are you an Offer in Compromise candidate?
If you are an individual or business taxpayer that does not have the income, assets, or means to pay your tax liability now or in the foreseeable future, you may be a candidate. The Offer in Compromise program allows you to offer a lesser amount for payment of a non-disputed final tax liability.
Yes, we can persuade the IRS!

Can the IRS process your application?
Yes they will, but you have to meet certain criteria that will go together with your application. Yes we can help you with that!

Are collections suspended?
Collection activity is not automatically suspended. But delaying the collection activity jeopardizes your ability to pay the tax owed to the IRS.
The IRS may continue with collection efforts and interest will continue to accrue against you.
Let us give you our opinion in that matter!
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Types of offer in compromise
Lump Sum Cash Offer
Short Term Period Payment Offer
Deferred Payment Offer

No matter what offer appeals you the most, we can help you weigh the best option that will help you achieve the best outcome.

The IRS may accept your offer in compromise when you have exhausted other payment options. The IRS will seriously consider this as a way to resolve a tax debt if the amount offered is reasonable and supported by documented factual arguments.
Do I qualify?
There are three possible conditions that can get you qualify for an offer in compromise. To establish whether or not your particular set of circumstances falls into one of the categories below, it is highly important that you present the evidence necessary that will get you approved

Doubt as to Liability
To qualify for this condition you need to provide evidence that the assessed tax liability is incorrect and therefore they should not be required to pay the full amount. If the IRS had issued valid notices of assessment and the taxpayer failed to take action, or the matter has already been contested during an audit, you will not qualify for this type of tax relief

Doubt as to Ability to Pay
You’ll qualify for this option if you can provide evidence that you don’t have the ability to pay the tax debt and can show the IRS that it’s likely they will never be able to collect the full amount. The IRS uses a series of guidelines to establish what expenses can and cannot be considered in calculating how much is for you reasonably able to pay.

Effective Tax Administration
This is a relatively new provision that will allow you to claim that special circumstances would make that paying the debt be a financial hardship. This option is usually applied to people who are in very poor health or elderly and are not able to work to pay off their tax debt.
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Qualification and offer amount illustrated

To illustrate how the offer in compromise (OIC) qualification and offer amounts are computed, let’s assume the following facts:

-The taxpayer owes $50,000 on April 15, 2014, and submits an OIC application on that date.
-The collection statute expiration date is April 15, 2020 (six years, or 72 months, remain on the collection statute).
-The taxpayer has net equity in assets amounting to $5,000 and monthly disposable income of $500.

In this example, the taxpayer chooses the lump-sum OIC payment option, which uses a future income multiplier of 12 months. (There is also a periodic payment option that uses a future income multiplier of 24 months.)
In this example, the taxpayer qualifies for an OIC, because the amount that the taxpayer can pay before the collection statute expires ($41,000) is less than the tax owed ($50,000). The offer amount that would be required to be paid to settle all liabilities is $11,000. This example illustrates the benefits of the OIC program for taxpayers who qualify. To provide the taxpayer with a fresh start, the Treasury Department would accept $30,000 less in payments than it could otherwise receive.