Eligibility Criteria for Offer in Compromise
To secure IRS tax forgiveness via an Offer in Compromise (OIC), meeting specific criteria is crucial:- File all tax returns – skipping any disqualifies you immediately.
- Stay current on estimated tax payments, especially if self-employed.
- Prove that paying your full tax debt would cause financial hardship.
- Your offer must align with your "reasonable collection potential."
- Installment plans for gradual repayment
- Currently Not Collectible (CNC) status for dire financial situations
- Penalty abatement for circumstances like health crises
- Innocent spouse relief for partner's fiscal misconduct
- Bankruptcy, but proceed cautiously
Navigating IRS requirements isn't simple, but it could provide relief for genuine financial troubles. Consider consulting a tax professional if needed.
Application Process for Offer in Compromise
Ready to dive into the OIC application? Here's your game plan:
- Gather essential paperwork:
- Form 433-A (OIC) for individuals
- Form 433-B (OIC) for businesses
- Form 656 to present your case
- $205 non-refundable application fee
- Choose your payment method:
- Lump sum: 20% of your offer upfront
- Periodic payments: Initial offer plus monthly payments during review
- Check for low-income certification eligibility to potentially waive upfront payments.
- Keep Form 656-B handy as your guide for instructions and addresses.
Remember, application doesn't guarantee acceptance. If the IRS can't refuse within two years, your offer is automatically accepted (but don't bank on this happening).
Think of this process like building a solid financial model – every step counts. Ready to crunch those numbers?
Considerations Before Applying
Before jumping into the OIC pool, let's run some due diligence:
- Explore all alternatives for clearing tax debt first. OIC is more of a Hail Mary pass than a sure thing.
- Calculate your "reasonable collection potential" precisely. The IRS factors in assets, income, expenses, and future earning potential. Misaligned numbers? Rejection likely.
- Consider an installment agreement if you can manage regular, smaller payments over time. It's less risky than the high-stakes OIC process.
- Remember, insufficient preparation can lead to rejection, accruing more penalties and interest. You don't want to end up back at square one with the IRS, do you?
View OIC as your last resort – not your first option, but potentially game-changing when other avenues are exhausted. Be thorough, verify every detail, and approach strategically. While bold, ensure it's the right move in your tax obligation landscape.
IRS Evaluation and Decision Process
Your OIC application faces scrutiny akin to a skeptical audition panel. Here's what to expect:
- The IRS thoroughly examines your financial records, seeking justification for your hardship claim.
- Non-refundable fees and payments on your application directly reduce your outstanding tax bill.
- Federal tax liens serve as the IRS's safeguard. They might file a lien during review, notifying creditors of your pending tax obligation.
- Timeline constraints: If the IRS doesn't conclude deliberations within two years (excluding appeals), your offer is automatically accepted. But don't count on this – it's rare.
The OIC evaluation is intricate. You're presenting, the IRS is judging, and every detail matters. Bring your best, remain authentic, and let the numbers speak. In tax matters, precision trumps embellishment – focus on hard facts and accurate figures.
Rejection and Appeal Process
Rejected OIC? Don't throw in the towel yet. Here's your comeback strategy:
- File Form 13711, "Request for Appeal of Offer in Compromise." This initiates a second review.
- The IRS Independent Office of Appeals acts as an impartial referee, providing a fresh perspective on your case.
- Identify where your original offer fell short. Focus on presenting stronger documentation, demonstrating financial hardship, or highlighting overlooked expenses.
- While awaiting the decision, maintain your tax obligations diligently. Don't give the IRS reason to doubt your fiscal responsibility.
- Include all financial data and documents you couldn't fit initially – this is your encore.
In tax negotiations, as in finance, persistence often outweighs initial success. You're not just appealing; you're showing resilience any savvy investor would appreciate. Rally your resources, refine your appeal, and show the IRS your determination. Ready for round two?

Managing tax obligations is like navigating a complex financial market – knowledge is power. The Offer in Compromise isn't just a tactic; it's a calculated move demanding accuracy and endurance. Remember, success comes from making informed decisions with clarity and confidence. Ready to tackle your tax debt head-on?
- Internal Revenue Service. Offer in Compromise. IRS.gov.
- Internal Revenue Service. Tax Topic 653, IRS Notices and Bills, Penalties, and Interest Charges. IRS.gov.
- Federal Trade Commission. Tax Relief Companies. Consumer.ftc.gov.
- Internal Revenue Service. Fresh Start Program. IRS.gov.
- Internal Revenue Service. Currently Not Collectible. IRS.gov.