The IRS may
legally compromise a tax liability owed based on "collectibility
" and/or "liability." Generally, the IRS will not accept an
offer
unless all of your tax returns have been file
"Collectibility
" is doubt that the IRS can collect the full amount owed. You must
include a statement that describes in detail why the Service
cannot collect more than offered from your assets and present
and future income, taking into consideration that the Service generally
has 10 years to collect the liability.
"Liability"
deals with doubt as to whether you owe the amount of tax. If there is
doubt as to liability, you must submit a written statement describing
in detail why you do not believe you owe the liability.
The Service cannot accept a compromise where the liability has already
been
decided by a court.
Submitting an
offer does not automatically suspend collection activity. However,
there are actions that can be taken to suspend collection if collection
would result in a financial hardship.
The ultimate goal
of an offer-in-compromise is a settlement that is in the best
interest of the Government and taxpayer's.
An offer requires
you to submit information on your assets and liabilities and
information regarding your monthly income and expenses.
The amount of the
offer should at least equal or exceed your equity in all assets. When
reviewing an offer, the IRS considers four factor
- The amount
collectible from your assets.
- The amount
collectible from present and future income. The IRS will consider the
present value of money in relation to future collection potential. In
other words, by accepting the offer, the IRS will get
money that is worth more today than in the future.
- The amount
collectible from 3rd parties.
- Sources of
funds that are available to you but not subject to the IRS's collection
action.
A deposit is
not required to be paid to the IRS, although the IRS encourages
deposits.
If the IRS
accepts your offer, you must indicate the time period for paying the
offered amount.
A rejected offer
can be appealed. There is no limit on making a new offer at another
time.