Negotiating Back Taxes with the IRS: A Comprehensive Guide to Resolving Tax Debt

Navigating tax debt can be a daunting task, but the Internal Revenue Service (IRS) offers programs to assist taxpayers who are struggling to fulfill their tax obligations. One such program is the Offer in Compromise (OIC), which allows individuals to settle their tax debt for less than the full amount owed. This guide will provide a comprehensive overview of the OIC program, outlining eligibility criteria, application procedures, and strategies for successful negotiation with the IRS.

Understanding the Offer in Compromise Program

The OIC program is designed to provide relief to taxpayers who are unable to pay their tax debt in full due to financial hardship or other extenuating circumstances. By submitting an OIC application, taxpayers can propose a settlement amount that they believe is both reasonable and feasible given their financial situation. If the IRS accepts the offer, the taxpayer will be legally obligated to fulfill the terms of the agreement, which may include making regular payments or paying a lump sum.

Eligibility Criteria for the Offer in Compromise Program

To be eligible for the OIC program, taxpayers must meet certain criteria, including:

  • Inability to pay the full tax debt due to financial hardship
  • Doubt as to the validity of the tax debt
  • Doubt as to the liability for the tax debt
  • Effective tax administration

Financial hardship is the most common basis for an OIC application. To demonstrate financial hardship, taxpayers must provide detailed documentation of their income, expenses, and assets. The IRS will evaluate this information to determine if the taxpayer has the ability to pay the full tax debt within a reasonable period of time.

Application Procedures for the Offer in Compromise Program

To apply for the OIC program, taxpayers must submit Form 656, Offer in Compromise, along with supporting documentation. The application process can be complex, and it is advisable to seek professional assistance from a tax attorney or accountant. The following steps provide a general overview of the application process:

  1. Gather necessary documentation: Taxpayers must gather documentation to support their financial hardship claim, such as pay stubs, bank statements, and tax returns.
  2. Complete Form 656: Taxpayers must complete Form 656, which includes detailed information about their financial situation, income, expenses, and assets.
  3. Submit application: The completed Form 656 and supporting documentation should be mailed to the IRS office designated for OIC applications.
  4. IRS review: The IRS will review the application and supporting documentation to determine if the taxpayer meets the eligibility criteria and if the proposed settlement amount is reasonable.
  5. Negotiation: If the IRS determines that the taxpayer is eligible for the OIC program, it may negotiate with the taxpayer to reach a mutually acceptable settlement amount.

Strategies for Successful Negotiation with the IRS

Negotiating with the IRS can be a challenging process, but there are certain strategies that can increase the likelihood of a successful outcome. These strategies include:

  • Be prepared: Gather all necessary documentation and prepare a well-organized presentation of your financial situation.
  • Be realistic: Propose a settlement amount that is both reasonable and feasible given your financial circumstances.
  • Be flexible: Be willing to negotiate with the IRS and consider alternative payment options, such as installment payments or a lump sum payment.
  • Be persistent: Do not give up if your initial offer is rejected. Continue to negotiate with the IRS and provide additional documentation to support your claim.

Negotiating back taxes with the IRS can be a complex and challenging process, but it is an option that may provide relief to taxpayers who are struggling to fulfill their tax obligations. By understanding the eligibility criteria, application procedures, and negotiation strategies outlined in this guide, taxpayers can increase their chances of successfully resolving their tax debt through the Offer in Compromise program.

Former IRS Agent Reveals How To Negotiate Your IRS Tax Debt, KNOW THE SYSTEM TO HAVE SUCCESS

FAQ

How much will the IRS usually settle for?

How much will the IRS settle for? The IRS will often settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.

Can I negotiate my IRS payment plan?

In some cases, you can negotiate with the IRS directly to formulate a payment plan. Typically, you need to owe less than $50,000 and be able to pay back the full amount within 72 months, or six years.

What is the IRS 6 year rule?

6 years – If you don’t report income that you should have reported, and it’s more than 25% of the gross income shown on the return, or it’s attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

Can I negotiate with the IRS on my back taxes?

You CAN negotiate with the IRS on your back taxes. You can’t get rid of them, but you can settle on an equitable, reasonable, or possible way for you to pay them off. The worst thing you can do at this stage is to ignore the whole thing, hoping the problem will go away. So, here is what you can do (and how Top Tax Defenders can help).

Should you negotiate a tax debt settlement?

An **offer in compromise** is an agreement between a taxpayer and the IRS that settles a tax debt for less than the full amount owed . However, before attempting debt settlement, it’s worth

Does the IRS negotiate with taxpayers?

The IRS does not reach settlements with taxpayers out of the goodness of its heart, for the most part. There are things called effective tax administration offers in compromise that are the closest thing to that, but those are fairly rare and far and few between. The reality is that negotiating with taxpayers is a win-win.

How do I negotiate my tax debt with the IRS?

The three most popular ways to negotiate what you’ll pay to the IRS are: An offer in compromise is an agreement with the government to settle your tax debt for less than you owe. However, most taxpayers do not qualify for an offer in compromise. Want to learn more? Read my article on the offer in compromise formula.

Leave a Comment