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Settling Tax Debt With an IRS Offer in Compromise

Updated: Nov 7, 2023


An offer in compromise (OIC) is an agreement between a taxpayer and the Internal Revenue Service that settles a taxpayer's tax liabilities for less than the full amount owed. That's the good news. The bad news is that not everyone can use this option to settle tax debt; the IRS rejected nearly 60 percent of taxpayer-requested offers in compromise. If you owe money to the IRS and wonder if an IRS offer in compromise is the answer, here's what you need to know.


Eligibility and Process

Eligibility for an OIC requires taxpayers to have filed all tax returns, made required estimated tax payments, and for business owners, made federal tax deposits for the current quarter. The IRS accepts OICs based on three grounds: doubt as to liability, collectability, and effective tax administration, which covers cases of economic hardship or unfairness due to exceptional circumstances.

To apply, one must submit Form 656, Offer in Compromise, along with Form 433-A (OIC) for individuals or 433-B (OIC) for businesses. These forms collect detailed financial information to calculate the Reasonable Collection Potential (RCP), the cornerstone of the IRS's decision on whether to accept an OIC.


Payment Options and Considerations

Applicants must choose between two payment options: Lump Sum Cash or Periodic Payment. Both require an initial payment with the application, but the terms differ. The Lump Sum Cash option necessitates 20% upfront, with the remainder paid in five or fewer payments upon acceptance. The Periodic Payment option involves consistent monthly payments during the evaluation process and until the agreed amount is fully paid.


If the OIC is Accepted or Rejected

Upon acceptance, the taxpayer must comply with all terms, including filing all required tax returns and making all payments. If the offer is rejected, there is a 30-day window to appeal the decision, a process during which professional advice can be crucial.

The article would then delve deeper into the mechanics of OIC, including examples, tips for ensuring compliance with IRS standards, and a clear explanation of the implications of an accepted or rejected OIC.


Understanding the Mechanics of an OIC

The core of an OIC lies in its meticulous process and the IRS's assessment of what they term the Reasonable Collection Potential (RCP). The RCP is a thorough appraisal of the taxpayer's ability to pay, considering assets, income, expenses, and future earning potential. It's a complex formula that demands precision in its presentation.


Tips for Compliance

When pursuing an OIC, it's imperative to remain in compliance with IRS standards:

  1. Accurate Reporting: Ensure all financial information is accurately reported on Forms 433-A (OIC) or 433-B (OIC).

  2. Documentation: Maintain and submit comprehensive documentation to support your financial disclosure.

  3. Consistency: Stay consistent with federal tax deposits and estimated tax payments during the evaluation period.


The Aftermath of Acceptance or Rejection

If an OIC is accepted, the IRS expects strict adherence to the agreed terms. This includes staying current on all future tax obligations and potentially facing a federal tax lien until the terms of the offer are fully satisfied. Conversely, if an OIC is rejected, taxpayers have the right to appeal within 30 days. This critical juncture is where the counsel of a seasoned tax professional can prove invaluable.


Navigating the Application: Step-by-Step

Embarking on an OIC application requires a step-by-step approach:

  1. Pre-Qualification: Before applying, use the IRS Offer in Compromise Pre-Qualifier tool to assess eligibility.

  2. Filling Out the Forms: Complete the necessary IRS forms, ensuring that all data reflects your current financial situation.

  3. Determining the Offer: Calculate the offer amount using the RCP, and decide on a Lump Sum Cash or Periodic Payment offer.

  4. Submission and Confirmation: Submit the application with the required fees and payments, and await confirmation from the IRS.

  5. Compliance Period: After acceptance, comply with all tax laws and payment terms, as failure to do so can result in the reinstatement of the full tax liability.

By adhering to these steps and maintaining a clear line of communication with the IRS, applicants can navigate the OIC process with greater confidence and understanding.

Appealing a Rejected Offer

Should the IRS reject your OIC, it's not the end of the road. Here's how to handle a rejection:

  1. Understanding the Reason: Carefully review the IRS's explanation for the rejection to understand their reasoning.

  2. Right to Appeal: You have 30 days from the rejection notice date to file an appeal, which is where Form 13711, Request for Appeal of Offer in Compromise, comes into play.

  3. Seeking Assistance: It's often wise to seek the help of a tax professional to navigate the appeals process. They can offer expertise and representation, potentially turning a rejection into an acceptance.

Ensuring Success: Best Practices and Professional Guidance

To increase the likelihood of a successful OIC, here are some best practices:

  1. Comprehensive Financial Analysis: Perform an exhaustive financial analysis to present the most accurate picture of your financial situation to the IRS.

  2. Professional Evaluation: A tax professional can evaluate your case to determine if an OIC is the right step, and if so, what the best offer might be.

  3. Documentation and Proof: Gather and organize supporting documents for your OIC application. This includes bank statements, property valuations, and proof of expenses.

  4. Clear and Concise Communication: Throughout the process, communicate clearly and concisely with the IRS. If there are any changes in your financial situation during the process, update the IRS promptly.

  5. Follow-Up: After submitting your OIC, stay proactive. Follow up with the IRS regularly to check the status of your application and provide any additional information they may request.

Long-Term Impact of an OIC on Financial Health

An OIC is not just a short-term fix; it can have significant long-term implications for an individual's or business's financial wellness. Once an OIC is accepted, it effectively clears the slate of past tax liabilities, allowing taxpayers to reset their financial standing with the IRS. However, it’s crucial to adopt disciplined financial practices post-acceptance to prevent future tax issues.


Financial Management Post-OIC

After an OIC is settled, ongoing financial management becomes key. Taxpayers should:

  1. Engage in Regular Bookkeeping: Accurate accounting records of income and expenses to maintain a clear financial picture and facilitate compliance with future tax obligations.

  2. Consult with Accounting Professionals: Work with bookkeeping services and accountants to ensure that all future tax filings are correct and submitted on time.

  3. Budgeting for Future Tax Payments: Set aside funds for future tax payments to avoid falling behind again.

  4. Seek Financial Planning Advice: A financial planner can help create a budget that includes tax liabilities, ensuring that taxpayers live within their means and save for tax payments.

Post-OIC Financial Stewardship

Securing an OIC can provide significant relief, but it's what comes after that often determines long-term financial health. Here’s how to manage finances effectively post-OIC:


Establishing a Tax Compliance Strategy

  1. Future Tax Planning: Engage in tax planning with a professional to avoid future liabilities.

  2. Quarterly Estimated Taxes: If self-employed, make quarterly estimated tax payments to avoid a large bill at year-end.

Rebuilding Credit and Financial Reputation

  1. Monitor Credit Reports: Regularly check credit reports to understand how the OIC has affected your credit and to correct any inaccuracies.

  2. Credit Repair: If necessary, consider a credit repair service to address any negative items resulting from past tax issues.

Adapting to New Financial Habits

  1. Budgeting: Develop a budget that accounts for all income and expenses, with a focus on saving for future tax payments.

  2. Emergency Fund: Start building an emergency fund to cover unexpected expenses without accruing new debt.

Leveraging Financial Education Resources

  1. Financial Literacy: Take advantage of free online resources, webinars, and workshops to improve financial literacy.

  2. Professional Development: Consider courses in financial management, particularly those focused on tax implications for individuals and businesses.


Utilizing Technology for Financial Efficiency

In the age of digital finance, leveraging technology can significantly streamline your financial management, especially after an OIC.


Embracing Accounting Software

  1. Automated Bookkeeping: Use accounting software to automate bookkeeping tasks, reducing errors and freeing up time.

  2. Integration Capabilities: Choose software that integrates with your bank and credit card accounts to track expenses in real time.

Online Financial Tracking and Analysis

  1. Expense Tracking: Utilize online tools to categorize expenses and monitor cash flow.

  2. Investment Apps: Consider apps that help in making informed investment decisions to grow your wealth responsibly.

Security Measures

  1. Data Protection: Implement strong cybersecurity measures to protect financial data.

  2. Regular Updates: Keep all financial software updated to ensure you have the latest security features.


Strategies for Maintaining Tax Compliance Post-OIC

After settling an OIC with the IRS, it is essential to establish a proactive strategy for maintaining tax compliance. This not only ensures that the terms of the compromise are upheld but also safeguards against future tax liabilities.


Establishing a Tax Calendar

A tax calendar is an indispensable tool that helps keep track of all crucial tax dates, including estimated tax payments, filing deadlines, and other IRS milestones. This visual reminder can prevent missed deadlines and the resulting penalties.


Quarterly Tax Payments for the Self-Employed

Self-employed individuals should be particularly diligent in making estimated quarterly tax payments. This practice distributes the tax burden across the year, alleviating the pressure of a lump sum payment at tax time and reducing the risk of underpayment penalties.


Adjusting Withholding

If you are an employee, review and adjust your withholding to align with your actual tax liability. This adjustment is especially important after an OIC, as your financial situation may have changed. Submit a new Form W-4 to your employer to reflect these changes accurately.


Continuous Financial Monitoring

Regularly review your financial statements and keep accurate and up-to-date records. This helps in making informed decisions about your tax situation and can assist in early detection of discrepancies that could lead to issues with the IRS.


Working with Tax Professionals

Partnering with tax advisors is more than just a measure for tax preparation; it's a strategy for ongoing compliance. A professional can provide guidance on the latest tax laws, offer advice on tax-saving strategies, and assist in maintaining the integrity of your financial and tax records.


Leveraging Technology

Modern accounting and tax software can automate much of the tax compliance process, including tracking income and expenses, calculating estimated taxes, and even alerting you to upcoming tax obligations.


Tax Compliance as a Financial Priority

Make tax compliance a central component of your financial planning. Budget for tax expenses just as you would any other critical financial obligation. By doing so, you ensure that you are always prepared for tax payments when they are due.


Education on Tax Policy Changes

Stay informed about changes in tax policy that may affect your tax situation. The IRS regularly updates its guidelines and policies, and being aware of these changes can help you remain compliant.


Re-evaluating Your Financial Plan

Regularly assess your financial plan to ensure that it still aligns with your goals and your tax strategy. As your financial situation evolves, so should your plan for tax compliance.

By adopting these strategies, you can create a structured approach to managing your finances and maintaining tax compliance after an OIC. This will not only bring peace of mind but also establish a strong foundation for your ongoing relationship with the IRS.


Professional Guidance in the OIC Journey

Navigating the intricacies of an Offer in Compromise (OIC) often requires more than just a thorough understanding of one’s financial situation; it also demands a deep familiarity with the IRS’s processes and standards. This is where professional support becomes invaluable.


Selecting a Tax Advocate

Choosing the right tax professional, such as a Certified Public Accountant (CPA), enrolled agent, or tax attorney, is a pivotal step. These experts should not only bring a wealth of experience to the table but also a proven track record of successful OIC negotiations. They must be well-versed in tax law, continuously updated on the latest tax regulations, and ready to provide personalized strategies tailored to your unique tax scenario.


The Collaboration for Precision

A collaborative approach with your chosen tax advocate is essential. They will ensure the accuracy and completeness of every form and piece of documentation submitted. Their expertise helps sidestep common errors that could lead to the rejection of an OIC and guides you to the most appropriate payment option for your financial situation.


Advocacy During Negotiation

Perhaps one of the most significant roles of a tax professional is their capacity to represent you during discussions with the IRS. They serve as both shield and intermediary, translating complex tax jargon, negotiating terms, and advocating for a resolution that serves your best interests. This representation can be the defining factor in transforming a daunting tax burden into a manageable financial obligation.

By integrating the expertise of a tax professional into your OIC strategy, you bolster your chances of not just acceptance, but also of securing a deal that aligns with your long-term financial stability.


Post-OIC Resolution:


Establishing a Sustainable Financial Environment After the resolution of an OIC, establishing a sustainable financial environment is crucial to ensure long-term compliance and financial health. Here’s a comprehensive approach:

Building a Resilient Tax Compliance Structure

  • Continuous Education: Keep abreast of tax law changes through IRS publications, professional development courses, and tax-related workshops.

  • Proactive Tax Planning: Work with tax professionals to anticipate future tax events and create strategies to mitigate liabilities.

  • Tax-Savvy Investment Strategies: Consider investments that offer tax benefits, such as retirement accounts, and consult with a financial advisor to understand the tax implications of your investment choices.

Reinforcing Financial Management Practices

  • Budgeting and Forecasting: Develop detailed budgets and forecasts that factor in tax obligations, allowing for better financial decision-making.

  • Expense Management: Implement rigorous expense tracking and management practices to maintain a lean operational budget and set aside funds for tax payments.

  • Debt Management: Strategically manage any existing debts, prioritizing high-interest debts, and avoid accruing new debt that could compromise your financial stability.

Cultivating Strong Record-Keeping Habits

  • Document Retention Policies: Establish a system for organizing and retaining tax documents and financial records that support your OIC and future filings.

  • Digital Record-Keeping Solutions: Utilize digital tools to maintain an organized and accessible archive of your financial history.

Leveraging Financial Technologies

  • Accounting Software: Employ robust accounting software tailored to your business or personal finance needs, ensuring it has features for tax reporting and compliance.

  • Mobile Finance Management: Use mobile apps to track spending, manage bills, and stay informed about your financial status on the go.

Building a Network of Financial Support

  • Financial Advisors: Maintain a relationship with financial advisors who can provide ongoing advice and support as your financial situation evolves.

  • Tax Professionals Network: Develop a network of tax professionals who can offer diverse perspectives and guidance on various aspects of tax compliance.

Creating a Culture of Financial Responsibility

  • Financial Education: Foster a culture that values continuous financial education, both for personal empowerment and for making informed decisions about tax matters.

  • Community Engagement: Engage with community resources, such as local business associations or online forums, to share best practices and learn from the experiences of others.

Ensuring a Prosperous Financial Future Post-OIC The journey through an Offer in Compromise (OIC) is more than just a pathway to resolve tax liabilities; it's a transformative process that can redefine one’s financial trajectory. The completion of an OIC agreement with the IRS marks the beginning of a critical phase — one that involves diligent financial management, strategic planning, and a commitment to ongoing tax compliance.


By embedding structured financial practices, leveraging technology, and accessing professional expertise, individuals and businesses can not only honor their OIC obligations but also pave the way for a robust and prosperous financial future.

In embracing these principles, the specter of tax liability becomes a catalyst for change, driving the adoption of more disciplined and informed financial habits. It is through these efforts that a sustainable financial environment is cultivated — one in which fiscal challenges are met with resilience, foresight, and the unwavering resolve to maintain a positive standing with the IRS.


Ultimately, the true success of an OIC is measured not just by the settlement reached but by the enduring financial health and compliance that follows.



This blog is meant for educational purposes only. Articles contain general information about accounting and tax matters and is not tax advise and should not be treated as such. Do not rely on information from this website as an alternative to seeking assistance from a certified tax professional. Perlinger Consulting partners with certified tax professionals to assist our clients.

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