The IRS has a variety of IRS tax settlement options which are available to Virginia taxpayers and Offer in Compromise or OIC is one of the most popular. Virginia taxpayers can make the IRS an offer, which the IRS can choose to accept or deny. If the offer is accepted, all tax debt outlined in the OIC will be considered settled. Offer in Compromise is an IRS tax settlement option which may allow the Virginia taxpayer to settle their IRS tax debt for a fraction of the full amount owed.

Up to 20% of Offer in Compromise offers are denied at the initial application level. The IRS will only accept an Offer in Compromise if they believe the Virginia taxpayer will not be able to repay their tax debt with an installment agreement or with a lump sum payment. If the OIC is denied, the Virginia taxpayer may be able to negotiate or file an OIC appeal.

Virginia taxpayers who do not pay their federal tax debt may face IRS collection actions such as wage garnishments, business or personal property repossession or bank account levies. Virginia taxpayers who are interested in stopping the IRS or who want to settle their IRS tax debt should contact a tax professional for help. Offer in Compromise can be costly, time consuming and difficult to implement. It can be a good method to repay tax debt at a fraction of the full amount owed, but it may not be the best option for all Virginia taxpayers.

Three types of Offer in Compromises:

Not all taxpayers who want an Offer in Compromise will qualify for one. Virginia taxpayers must meet one of the following OIC conditions to qualify for an OIC:

1. Doubt as to Liability – The IRS may accept an OIC if there is doubt as to the accuracy of IRS tax debt which has been assessed against the taxpayer. Errors are rare, but could occur if the IRS miscalculates tax debt, misinterprets tax law or if the taxpayer provides tax documentation which has not previously been reviewed.

2. Doubt as to Collectibility –  If the IRS does not believe they will be able to collect tax debt before the statutory period for debt collection ends, they may accept an Offer in Compromise. The IRS may also accept an OIC if they determine the cost to collect the tax is too high.

3. Effective Tax Administration- If a Virginia taxpayer may suffer a hardship which is unfair or inequitable they may qualify for an Offer in Compromise. The elderly and the handicapped most frequently use this condition.

Rejection of Offer in Compromise in Virginia

The IRS has been tasked by the federal government to collect federal taxes. The IRS also has the authority to determine how much the federal government is willing to accept to settle tax debt. The IRS has sole discretion to accept or deny an Offer in Compromise offer and if the offer is denied, the taxpayer can appeal the decision. If the OIC appeals are exhausted, the Virginia taxpayer will not be able to sue the IRS.

If the Offer in Compromise is denied, the Virginia taxpayer will receive written notice from the IRS which will document the reason the OIC was not accepted. Most Offer in Compromise offers will be denied because the IRS believes the offer is too low. The IRS may be willing to provide the Virginia taxpayer with a counter offer or negotiate to find an agreeable offer. If the IRS refuses to send Offer in Compromise information to the Virginia taxpayer, this information can be requested under the Freedom of Information Act.

Appealing an Offer in Compromise in Virginia

The first step in the OIC appeal’s process is to contact the IRS administrator who reviewed the Offer in Compromise. The IRS may be willing to negotiate to find a settlement amount which will be agreeable to both the government and the Virginia taxpayer. The IRS may be willing to negotiate if they believe the compromise payment will help the Virginia taxpayer meet their future tax obligations. If the IRS refuses to negotiate, the Virginia taxpayer can file a formal appeal by writing a letter to the IRS. The taxpayer has thirty days from the date of the Offer in Compromise letter to file their appeal.

The Virginia taxpayer should include the following information on their OIC letter:

• Virginia taxpayer’s full name, address, social security number and telephone number.
• A copy of the statement from the Virginia taxpayer documenting the reasons they are appealing the OIC denial.
• All proposed changes the Virginia taxpayer wants changed.
• Information about the tax periods or years in question.
• An outline of the federal tax laws which support the Virginia taxpayer’s position.
• The OIC appeal letter must be signed by the Virginia taxpayer under penalty of perjury.

Tax professionals such as certified public accountants, enrolled agents or tax attorneys can be hired to provide legal assistance for Offer in Compromise negotiations or appeals.

Completing an Offer in Compromise

The following tasks should be completed by Virginia taxpayers:

• Virginia taxpayers must send Offer in Compromise forms to the IRS by the taxpayer.
• Virginia taxpayers must send the IRS information they request. Information may include employment and vehicle information.
• Virginia taxpayers must file federal tax returns and submit them to the IRS before the federal tax deadline for the next 5 years.
• All self-employed Virginia taxpayers must file and mail their tax returns and estimated tax payments to the IRS each quarter.
• All federal taxes must be paid by Virginia taxpayers for the next five years.
• All OIC requirements must be met.
• Federal tax refunds will be applied to the Virginia taxpayer’s tax debt for the calendar year that the OIC is accepted.

The IRS has the authority to cancel the Offer in Compromise agreement and reinstate all IRS tax debt if Virginia taxpayers fail to meet all of the OIC requirements.

Offer in Compromise Forms

1. IRS Form 656- Offer in Compromise. Virginia taxpayers must send Form 656 to the IRS to provide them with information about the taxpayer’s ability to pay their IRS tax debt.
2. IRS Form 443 A- Collection Information Statement for Wage Earners and Self-Employed Individuals. Virginia taxpayers must send Form 443-A to the IRS to provide additional information about the taxpayer’s ability to repay their IRS taxes.
3. IRS Form 443-B- Collection Information Statement for Businesses. Virginia taxpayers must send Form 433-B to the IRS only if the Virginia taxpayer is including their business debt in their Offer in Compromise.
4. IRS Form 656-A- Income Certification for Offer in Compromise Application Fee and Payment. Virginia taxpayers must send Form 565-A to the IRS only if they are requesting an Offer in Compromise fee waiver.

Utah taxpayers who have outstanding IRS tax debt may have several available IRS tax settlement options they can use to settle their debt. Offer in Compromise or OIC is one of the most popular options and may allow the taxpayer to make a tax settlement offer to the IRS to settle federal tax debt for a fraction of the full amount of taxes owed. The IRS does not accept all OIC offers, but if they do accept the offer, all tax debt outlined in the OIC will be considered settled.

The IRS will only accept an OIC if a Utah taxpayer can not pay a one lump sum payment or if the taxpayer can not qualify for an installment agreement. If the IRS denies the Offer in Compromise they may be willing to negotiate with the taxpayer or review the OIC denial through a formal OIC appeal. The IRS has the authority not only to collect federal taxes to but to determine what tax amount will settle the tax debt. The Utah taxpayer will not be able to sue or file a lawsuit against the IRS.

Utah taxpayers who do not pay their outstanding tax debt may become the target of IRS collectors and may face wage garnishments, repossessions, bank account levies or imprisonment. It is not a good idea to ignore the IRS. All Utah taxpayers who have IRS back tax debt and need more information about Offer in Compromise or other IRS tax settlement options should contact a tax professional for more information. Offer in Compromise can cost a lot of money to implement, require the taxpayer to send detailed information to the IRS and can be time consuming. Offer in Compromise may not always be the best solution for all Utah taxpayers.

Three types of Offer in Compromises:

The IRS does not accept all Offer in Compromise applications. Utah taxpayers must meet certain criteria to qualify for an OIC:

1. Doubt as to Liability – If the amount of IRS tax debt is in question the IRS may be willing to accept an Offer in Compromise. Errors can occur if the IRS made a calculation error, misapplied the federal tax laws or did not consider all of the taxpayer’s financial information. Errors in the tax amount are not common.

2. Doubt as to Collectability – If the tax amount can not be collected either now or in the future the IRS may be willing to accept an Offer in Compromise. Under this condition the amount of debt is not in question. The Internal Revenue Service also may accept an OIC if they think it will cost them too much to collect the tax debt.

3. Effective Tax Administration- If a taxpayer can not pay their tax debt with out experiencing an economic hardship which is unfair or inequitable the IRS may accept an Offer in Compromise. The elderly and handicapped most frequently use this condition.

Rejection of Offer in Compromise in Utah

The IRS has the authority to make the final decision on all Offer and Compromise agreements. Utah taxpayers may be able to appeal the decision, but if the IRS is not willing to accept the appeal, the Utah taxpayer can not file suit against the IRS in court.

If an Offer in Compromise is denied the IRS is required to send the Utah taxpayer an OIC denial letter detailing the reason the request was denied. Most OIC requests are denied because the IRS believes the OIC offer was too low. The IRS may be willing to negotiate with the Utah taxpayer to find an OIC offer which both parties find agreeable. If the Internal Revenue Service refuses to provide the Offer in Compromise documentation to the taxpayer, this information can be requested under the Freedom of Information Act.

Appealing an Offer in Compromise in Utah

Negotiations for OIC denials frequently begin by contacting the IRS administrator who reviewed the initial OIC offer. If the administrator is unwilling or unable to negotiate a new offer, the Utah taxpayer can make a formal appeal by sending a written letter to the IRS within 30 days from the date of the OIC denial letter. Utah taxpayers must include the following details in their OIC appeal’s letter:

• Utah taxpayer’s social security number, full name, address and telephone number
• The Utah taxpayer must make a statement detailing the reasons they are appealing the OIC denial.
• The Utah taxpayer should include a copy of the letter sent by the IRS and provide a list of the proposed changes or items that the taxpayer wants updated and the reasons why.
• The taxpayer must document the tax periods or years in question.
• The taxpayer should include any federal tax laws or other details which may support their position.
• The letter must be signed by the Utah taxpayer under penalty of perjury.

All negotiations and Offer in Compromise appeals can be done without the help of a tax professional, but it may be a good idea to contact someone who has experience negotiating settlements. Utah taxpayers who seek outside legal counsel should contact a tax professional who is a certified public accountant, an enrolled tax agent or a tax attorney.

Completing an Offer in Compromise

Utah taxpayers must also complete the following Offer in Compromise tasks:

• All OIC paperwork must be completed and sent to the IRS by the Utah taxpayer.
• Personal financial information must be sent to the IRS when it is requested. The IRS may request information about the taxpayer’s employment, bank records or vehicle information.
• Federal tax forms must be sent to the IRS on or before the tax deadline each year.
• Utah workers who are self-employed must make estimated tax payments to the IRS each quarter.
• All federal taxes must be paid by Utah taxpayers for the next five years.
• All OIC payments must be made per the Offer in Compromise agreement.
• The Internal Revenue Service will apply all tax refunds to the Utah taxpayer’s IRS debt for the calendar year that the OIC is accepted.

Failure to comply with the Offer in Compromise requirements may cause the IRS to terminate the Offer in Compromise agreement. If the IRS terminates the OIC agreement the full amount of IRS tax debt may be reinstated.

Offer in Compromise Forms

1. IRS Form 656- Offer in Compromise. Utah taxpayers must submit IRS Form 656 to the IRS so the IRS can identify the taxpayer’s ability to pay their tax debt.
2. IRS Form 443 A- Collection Information Statement for Wage Earners and Self-Employed Individuals. Utah taxpayers must send IRS Form 443 A to the IRS to provide additional information on their ability to repay their tax debt.
3. IRS Form 443-B- Collection Information Statement for Businesses. Utah taxpayers must send IRS Form 433-B to the IRS if their business tax debt is included in their Offer in Compromise.
4. IRS Form 656-A- Income Certification for Offer in Compromise Application Fee and Payment. Utah taxpayers must submit IRS Form 565-A only if they are requesting an OIC fee waiver.