Can
I persuade the IRS to accept less than they demand?
Maybe, through an "Offer in Compromise." An Offer in Compromise
is an offer to pay less than the full amount the internal revenue
service claims you owe.
The
IRS might accept the offer if you convince them that there is
"doubt as to liability," "doubt as to collectibility," or "for
effective tax administration."
While
the offer is pending, the internal revenue service will normally
not take any collection action - unless they feel the offer
was submitted merely to delay collection. The Statute of Limitations
for collection is normally ten years, but it is extended while
the IRS reviews the offer.
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"Doubt
as to liability"
"Doubt as to collectibility"
How do I file an Offer in Compromise?
What kind of offer will
the IRS accept?
Payment plans
Other requirements
How long will it
take the IRS to decide whether to accept the offer?
What if the IRS
rejects my offer?
"Doubt
as to liability"
"Doubt
as to liability" means "I don't really owe the tax." If you
persuade them of this, your case goes back to the audit stage
for review. This rarely happens.
If
you feel you have a good case, you can fill out and file the
Offer in Compromise form (Form 656) with the IRS. You do not
need to file any financial declarations when you file under
"Doubt as to liability."
(You
will need Acrobat Reader to view the form).
"Doubt
as to collectibility"
There
is common belief that if you owe the internal revenue service
$10,000, all you have to do is offer $3,000 in cash and they
will take it. It's not that simple. The IRS will not accept
an offer if they think they can get more from you by using their
own collection methods.
For
example, if you owe $10,000 but have $30,000 equity in a piece
of rental property, it is almost certain that the IRS will not
accept an offer for anything less than the full $10,000. On
the other hand, if the IRS reviews your full financial situation
and does not believe it can collect $10,000 from you, it might
be willing to accept an Offer in Compromise.
How
do I file an Offer in Compromise?
Fill
out a copy of the Offer in Compromise Form (Form 656).
(You
will need Acrobat Reader to view the form).
You
must also fill out a financial declaration listing your assets,
liabilities, and monthly income and expenses (Form 433-A). If
you operate a business, you also must fill out the business
financial declaration (Form 433-B).
The
internal revenue service will want documents from you that prove
your income and expenses. These can be submitted with the offer
or provided when they ask for them.