Ohio Offer in Compromise

Ohio taxpayers have a variety of tax settlement options available to settle IRS tax debt. The goal of the IRS is to position a taxpayer so they may meet all of their future tax obligations. IRS tax settlement options help the IRS accomplish this goal by allowing an Ohio taxpayer, in some circumstances, to pay their debt at a fraction of the total tax debt amount. One of the most popular of these programs is Offer in Compromise or OIC. With Offer in Compromise an Ohio taxpayer makes an offer and the IRS will accept or decline the offer. If the offer is accepted, the federal debt outlined in the OIC agreement is considered settled.

The Internal Revenue Service is responsible for collecting all federal tax payments which are used to fund United States programs. With this authority, the IRS has the ability to use very aggressive collection methods such as wage garnishments, bank levies, and repossession to force Ohio taxpayers to pay their taxes. The Federal government has also given the IRS the authority to accept or deny OIC offers. An Ohio taxpayer will not have the legal authority to sue the Internal Revenue Service for failure to accept an Offer in Compromise.

Currently the Internal Revenue Service accepts approximately 25% of the Offer in Compromise offers at the initial application level. More offers may be accepted on appeal. Interest and penalties will continue to accrue while the IRS is reviewing the OIC offer. In addition, if the Offer in Compromise is not accepted, the IRS can use the detailed information provided by the Ohio taxpayer to continue their collection efforts.

Offer in Compromise can be costly and time consuming. It is just one of the IRS tax settlement options available. Ohio taxpayers who are considering Offer in Compromise may want to talk to a tax professional such as an enrolled agent, certified public accountant or a tax attorney. Offer in Compromise may not be the best option for settling Internal Revenue Service tax debt.

Qualifying for Offer in Compromise in Ohio

Ohio residents who are considering Offer in Compromise must meet one of the following:

  1. Doubt as to Liability- Ohio taxpayers who question the amount of federal tax debt they have been assessed may qualify for an Offer in Compromise. This condition is seldom met.
  2. Doubt as to Collectibility– Under certain conditions, the Internal Revenue Service may consider some debt not collectable or the cost to collect the debt is too high. This condition is different from the first because only the ability to collect the debt is in question, not the amount of tax debt.
  3. Effective Tax Administration- Ohio taxpayers who are not able to pay their back taxes with out suffering “an economic hardship which is inequitable and unfair” may qualify for Offer in Compromise. The elderly and the handicap most frequently meet this requirement.

Rejection of Offer in Compromise in Ohio

Up to 80% of Offer in Compromise offers may be denied at the application level. More are accepted after continued negotiations and appeals with the IRS. If the Internal Revenue Service denies an OIC offer, they are required to send written notification to the Ohio taxpayer outlining the reasons for the denial. The most common reason given by the IRS is the offer was too low. The Internal Revenue Service should be willing to provide the Ohio taxpayer with a negotiated offer which they consider acceptable. If the IRS refuses to provide information about an OIC, Ohio taxpayers have the legal right to access their OIC information under the Freedom of Information Act.

All formal OIC appeals must be made with in 30 days from the date of the denial letter. Ohio residents who are considering an Offer in Compromise or who have had their OIC denied can contact a tax professional for help. New OIC tax forms will only need to be resubmitted if the taxpayer’s financial situation has substantially changed or if the date to submit the appeal paperwork has expired.

Appealing an Offer in Compromise in Ohio

The first step in the appeals process is to informally discuss your Offer in Compromise offer with the IRS administrator who made the first denial decision. The Internal Revenue Service may be willing to engage in a series of negotiations to determine an OIC amount which is agreeable to the taxpayer and the federal government. If negotiations are unsuccessful, Ohio taxpayers can make a more formal Offer in Compromise appeal by sending written notification to the IRS with in 30 days of the OIC denial letter.

Completing an Offer in Compromise

Ohio residents will also have to complete the following tasks for the Offer in Compromise:

  • Ohio taxpayers will need to send the IRS all requested financial data
  • Ohio taxpayers will have to complete all of the Offer in Compromise tax forms and send them to the Internal Revenue Service
  • Ohio taxpayers will have to file all federal tax returns on or before the federal tax deadline
  • All self-employed workers will have to make estimated tax payments and file all tax returns each quarter
  • Ohio taxpayers must pay all federal back tax payments (excluding the amount outlined in the OIC offer)

Ohio taxpayers must also submit the following Offer in Compromise tax forms:

  1. IRS Form 656- Offer in Compromise. IRS Form 656 provides financial information about the Ohio taxpayer’s financial status and their ability to meet their federal tax obligations.
  2. IRS Form 443 A- Collection Information Statement for Wage Earners and Self-Employed Individuals. This form provides additional financial information about the Ohio taxpayer and their ability to pay their federal tax debt to the Internal Revenue Service.
  3. IRS Form 443-B- Collection Information Statement for Businesses. Internal Revenue Service uses Form 433-B to provide information to the Internal Revenue Service about a taxpayer’s business. Ohio residents are required to submit tax Form 433-B if the taxpayer is including their business tax debt in their Offer in Compromise offer.
  4. IRS Form 656-A- Income Certification for Offer in Compromise Application Fee and Payment. This form is required for all Ohio residents who are requesting a fee waiver for their Offer in Compromise.

Ohio Tax Professionals

Ohio taxpayers have a variety of IRS tax settlement options available to settle federal tax debt. Each program will have benefits and drawbacks. A tax professional is familiar with each plan and may be able to provide an Ohio taxpayer with information to determine which plan will best suit their financial needs.

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