I am a former IRS agent who worked out of the local South Florida tax offices, I was a teaching instructor of the offer in compromise program, I am a true tax expert  in  IRS debt settlement.

 

For the record, we are a local South Florida tax firm that has been practicing since 1982 are former IRS agents worked out of the South Florida IRS offices.

There are hundreds or maybe a thousand firms promising IRS will settle your tax debt for pennies on the dollar. I’m trying to warn the general public not to be ripped off.

Most firms want you to believe immediately there is a tax debt settlement in your future and that’s why they charge larger monies larger retainers all for the promise of settlement.

There are many scrupulous companies out there that simply take your money and you have a case that has no chance of settlement.

I know because I receive hundreds of calls a year about tax resolution firms that take money from suspecting taxpayers hoping to settle their debt only to find out they have been ripped off.

Make sure this does not happen to you.

A simple call to our office, free tax consultation, will tell you the truth about is the offer in compromise program right for you. IRS has strict rules about an IRS tax debt settlement.

Just so you know the answer to the initial question, how much will IRS take for an offer in compromise, there is no set standard amount of what the IRS will accept for your offer in compromise to settle your tax debt, it is all decided by formula.

 

And there is a very exacting settlement formula  to settle your tax debt for pennies on the dollar.

When you call us today will explain that formula to you. As a general rule IRS is looking for your current income expenses and your assets. IRS doesn’t much care for most of your liability including credit cards and debt to other parties IRS is mainly looking for asset-based areas and where they can collect the back tax.

Also it is very important to remember all your tax returns must be filed and on the IRS system before IRS will accept the offer in compromise.

If you want to know the truth about the offer in compromise program I am the person you need to speak to. Since 1982.

I am a former IRS agent and teaching instructor with my former boss of the offer in compromise program.

I know the system inside and out I worked it I’ve trained others and have accepted offers in compromise for the federal government. I’m a true IRS tax expert on the offer in compromise.

I am a true IRS tax expert, national speaker, and have been on FOXBusiness news and other outlets speaking about different matters about Internal Revenue Service.

There are many myths about the offer in compromise program.

There are strict standards that the IRS employee before they accept an offer in compromise. I know because I’ve both accepted offers in compromise taught new employees to accept the offer in compromise or reject them and I know the system inside and out.

I suggest that every client or taxpayer before they file an offer in compromise either do one of two things.

 

Number one, call a true tax expert who knows the offer in compromise inside out or number two, to fill out the IRS pre-qualifier tool for the offer in compromise.

If you’re calling a professional firm you want to make sure the representative has at least filed 100 offers.

 

It takes a lot of experience and knowledge to get an offer in compromise through. some are very simple and don’t need a lot of experience while others demand. expertise skill level.

The Internal Revenue Service spends several hours, much more than you think to accept an offer in compromise. As a general rule, the average agent can spend between 20 to 40 hours to accept an offer in compromise.

After that takes place, the revenue officer must convince their local supervisor, the area manager, and the General Counsel of Internal Revenue Service to accept the offer.

It literally goes back and forth in the system. Some exceptions do exist. Dollar amount has a lot to do in the direction your offer will take.

Why? because all offers and compromise are a matter of public record.

That public record is available at eight regional IRS offices in the United States.

Even though offers are open to public inspection only one person last year looked through the IRS offers in compromise files.

IRS is not made electronic copies for review. knowing that these files are public record believe it or not only one person last year visited a regional office to review the offer in compromise. This year no one has been to an office.

There is a base rule for Internal Revenue Service accepting an offer in compromise.

You must give IRS the total equity in all your assets before IRS will consider or contemplate the acceptance. Some exceptions exist, assets consist of houses, pension plans, stock, business valuations,IRS wants to make sure you’re actually borrowing the money to settle.

If you are interested in filing an offer in compromise you can call us today for a free initial tax consultation and I will walk you through the process of the true IRS debt settlement called the offer in compromise.

 

 Offer in Compromise FACTS:

 

IRS last year accepted approximately 30,000 offers in compromise in approximately 75,000 were accepted. The average settlement was $9500.

Don’t let this average settlement fool you, it’s based on an average of all the offers accepted.

Offers in compromise are excepted by formula not by judgment.

The basic formula a:re the total value of your assets times what you have left over a month on a current income and expense statement times the number of months left in the statute. Some exceptions do apply.

 

Due diligence that can be used by IRS. The dollar of your case drives the due diligence.

 

You want to make sure your financial statement is accurate.

IRS has a host of web-based tools that can search your assets, places were you work, your income, your real estate records, your car records, your business records, insurance records ,financial statement you’ve given institutions, credit reports and financial statements you’ve given the credit companies.

The amount of due diligence that the IRS spends working on cases depend strictly on the dollar amount of the tax debt. If you over hundred thousand dollars IRS spends a great deal more honor offer case.

Make sure you are very honest in the submission of your offer in compromise

So. what is an offer in compromise, a tax debt settlement

An offer in compromise allows you to settle your tax debt for less than the full amount you owe.

It may be a legitimate option if you can’t pay your full tax liability, or doing so creates a financial hardship.

 

Offers In Compromise

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. Taxpayers who can fully pay the liabilities through an installment agreement or other means, generally won’t qualify for a OIC in most cases.

In most cases, the IRS won’t accept a OIC unless the amount offered by a taxpayer is equal to or greater than the reasonable collection potential (RCP).

The RCP is how the IRS measures the taxpayer’s ability to pay. The RCP includes the value that can be realized from the taxpayer’s assets, such as real property, automobiles, bank accounts, and other property.

In addition to property, the RCP also includes anticipated future income less certain amounts allowed for basic living expenses.

 

Reasons for the Offer

 

The IRS may accept a OIC based on three grounds:

• First, the IRS can accept a compromise if there’s doubt as to liability. A compromise meets this only when there’s a genuine dispute as to the existence or amount of the correct tax debt under the law.

• Second, the IRS can accept a compromise if there’s doubt that the amount owed is fully collectible. Doubt as to collectibility exists in any case where the taxpayer’s assets and income are less than the full amount of the tax liability.

• Third, the IRS can accept a compromise based on effective tax administration. An offer may be accepted based on effective tax administration when there’s no doubt that the tax is legally owed and that the full amount owed can be collected, but requiring payment in full would either create an economic hardship or would be unfair and inequitable because of exceptional circumstances.
Forms to Use

When submitting a OIC based on doubt as to collectibility or effective tax administration, taxpayers must use the most current version of Form 656, Offer in Compromise, and also submit Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or Form 433-B (OIC), Collection Information Statement for Businesses.

A taxpayer submitting a OIC based on doubt as to liability must file a Form 656-L.pdf, Offer in Compromise (Doubt as to Liability), instead of Form 656 and Form 433-A (OIC) and/or Form 433-B (OIC). Form 656 and referenced collection information statements are available in the Offer in Compromise Booklet, Form 656-B.pdf.
Application Fee

In general, a taxpayer must submit an application fee for the amount stated on Form 656. Don’t combine this fee with any other tax payments. However, there are two exceptions to this requirement:

• First, no application fee is required if the OIC is based on doubt as to liability.

• Second, the fee isn’t required if the taxpayer is an individual (not a corporation, partnership, or other entity) who qualifies for the low-income exception. This exception applies if the taxpayer’s total monthly income falls at or below 250 percent of the poverty guidelines published by the Department of Health and Human Services. Section 1 of Form 656 contains the Low Income Certification guidelines to assist taxpayers in determining whether they qualify for the low-income exception.

A taxpayer who claims the low-income exception must complete section 1 of Form 656 and check the certification box.

 

Payment Options

 

Lump Sum Cash Offer –

Taxpayers may choose to pay the offer amount in a lump sum or in installment payments. A “lump sum cash offer” is defined as an offer payable in 5 or fewer installments within 5 or fewer months after the offer is accepted. If a taxpayer submits a lump sum cash offer, the taxpayer must include with the Form 656 a nonrefundable payment equal to 20 percent of the offer amount. This payment is required in addition to the application fee. The 20 percent payment is generally nonrefundable, meaning it won’t be returned to the taxpayer even if the offer is rejected or returned to the taxpayer without acceptance. Instead, the 20 percent payment will be applied to the taxpayer’s tax liability. The taxpayer has a right to specify the particular tax liability to which the IRS will apply the 20 percent payment.

Periodic Payment Offer –

An offer is called a “periodic payment offer” under the tax law if it’s payable in 6 or more monthly installments and within 24 months after the offer is accepted. When submitting a periodic payment offer, the taxpayer must include the first proposed installment payment along with the Form 656. This payment is required in addition to the application fee. This amount is generally nonrefundable, just like the 20 percent payment required for a lump sum cash offer. Also, while the IRS is evaluating a periodic payment offer, the taxpayer must continue to make the installment payments provided for under the terms of the offer. These amounts are also nonrefundable. These amounts are applied to the tax liabilities and the taxpayer has a right to specify the particular tax liabilities to which the periodic payments will be applied.

Upon acceptance of a OIC, the taxpayer may no longer designate offer payments to any tax liability specifically covered in the offer agreement.

 

Suspension of Collection

Ordinarily, the statutory time within which the IRS may engage in collection activities is suspended during the period that the OIC is under consideration, and is further suspended if the OIC is rejected by the IRS and where the taxpayer appeals the rejection to the IRS Office of Appeals within 30 days from the date of the notice of rejection.

 

Offer Terms

If the IRS accepts the taxpayer’s offer, the IRS expects that the taxpayer will have no further delinquencies and will fully comply with the tax laws. If the taxpayer doesn’t abide by all the terms and conditions of the OIC, the IRS may determine that the OIC is in default. For doubt as to collectibility and effective tax administration OICs, the terms and conditions include a requirement that the taxpayer timely file all tax returns and timely pay all taxes for 5 years from the date of acceptance of the OIC. When an OIC is declared to be in default, the agreement is no longer in effect and the IRS may then collect the amounts originally owed (less payments made), plus interest and penalties. Additionally, any refunds due within the calendar year in which the offer is accepted will be applied to the tax debt.

 

Right to Appeal

 

If the IRS rejects an OIC, the taxpayer will be notified by mail. The letter will explain the reason that the IRS rejected the offer and will provide detailed instructions on how the taxpayer may appeal the decision to the IRS Office of Appeals. The appeal must be made within 30 days from the date of the letter.

Return of an Offer

In some cases, an OIC is returned to the taxpayer rather than rejected, because the taxpayer didn’t submit necessary information, filed for bankruptcy, failed to include a required application fee or nonrefundable payment with the offer, hasn’t filed required tax returns*, or hasn’t paid current tax liabilities at the time the IRS is considering the offer. A returned offer is different from a rejection because there’s no right to appeal when the IRS returns the offer. However, once current, the offer may be submitted again.

*Note: OIC applications received on or after March 27, 2017, are now returned without consideration if taxpayers haven’t filed all required tax returns. The application fee is returned and any required initial payment submitted with the OIC is applied to outstanding tax debt. This policy doesn’t apply to current year tax returns if there is a valid extension on file.
Additional Information

 

Offer In Compromise Expert + How Much Will IRS Settle To Lower My Tax Debt + Former Agent + Ft. Lauderdale, Miami, Palm Beaches, Boca Raton, Pompano Beach

 

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Author

Mr. Michael D. Sullivan

Michael D. Sullivan is the founder of MD Sullivan Tax Group. He had a distinguished career with the Internal Revenue Service for 10 years. As a veteran IRS Revenue Officer / Agent, he served as an Offer in Compromise Tax Specialist and Large Dollar Case Specialist.

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