If you cannot pay your tax debt in full or you dispute what is owed, you
may propose to resolve the matter with an Offer-in- Compromise.
The purpose of an Offer in Compromise is to settle a taxpayer's liability
for less than the full amount owed. The ultimate goal is a resolution that
is in both the government's and the taxpayer's best interest.
To submit an offer, complete Form 656 (PDF), Offer-
in- Compromise. Detailed instructions are provided with the form.
If the basis of your offer is inability to pay, also complete Form 433-A (PDF), Collection Information Statement for
Individuals, and/or Form 433-B (PDF), Collection
Information Statement for Businesses. We cannot consider an offer on
this basis if you're involved in an open bankruptcy proceeding or if you have
not filed all federal tax returns. In-business taxpayers must have also
timely filed employment tax returns for the two prior quarters and have timely
deposited all employment taxes for the two prior quarters and the current
quarter. The amount of your offer should equal or exceed your equity in assets,
your ability to make installment payments from future income, amounts we can
collect from third parties on your behalf, and funds that are available to
you but not subject to the Service's collection actions. You may choose to
pay the offer amount in a lump sum, in monthly payments over the remainder
of the statutory time allowed for collection, or a combination of a lump sum
and monthly payments. Generally, it is to your advantage to pay the amount
in the shortest time possible because longer payment terms will require a
larger offer amount.
If the basis of the offer is a dispute as to what is owed, provide a written
statement of supporting evidence. We cannot accept a compromise on this basis
if a court has decided the liability.
Ordinarily, we will withhold collection action while we consider your offer.
The statutory time allowed for collection is suspended during the period your
offer is pending.
An examiner will evaluate your offer and may request additional documentation
from you to verify financial or other information you provide. If we decide
a larger offer amount is necessary to justify acceptance, you will be given
an opportunity to amend your offer.
In exceptional circumstances, some taxpayers may qualify for a special
type of Offer- in- Compromise even though the amount owed is correct
and it can be paid in full. To be eligible for a compromise on this basis,
you must demonstrate that paying the debt would create an economic hardship
or would be unfair and inequitable.
If the IRS grants you a fresh start by accepting your offer, it is expected
there will be no further delinquencies. If you do not abide by all the terms
of our agreement, including filing all future returns and making all payments
when required, your offer may be declared in default. We will reinstate the
entire liability including accrued penalty and interest. All payments made
toward the offer will be applied to the original liability.
If we reject your offer, you will be notified by mail. In our letter, we
will explain the reason for the rejection and provide detailed instructions
on how to appeal our decision.
Additional information about the Offer- in- Compromise can
be found on Form 656, and in Publication 594 (PDF), The
IRS Collection Process.
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