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Due to my business going under (and my being out of work for 6 month), my husband and I recently had our ch. 7 bankruptcy proceeding discharged (September). We are getting back on our feet but paying back taxes is a huge financial strain. I had a payment plan approved and have made the payments so far, but how likely is it that the IRS might accept an offer in compromise for 20% lump sum payment of what is owed? I have made less than $20,000 this year -- my husband got us through the first part of the year; I am now employed part-time at a fraction of what I used to earn. Is losing your business/loss of income grounds for an offer in compromise, or would I just be "asking for an audit"? Thanks for any helpful advice you can offer!
You are in my part of the turf. Pardon me if I tell you a few things you may already know. An Offer in Compromise is a settlement with IRS where you pay less than 100 cents for every dollar you owe and IRS forgives the rest. It will do this if it determines you are offering as much or more as it could collect from you through monthly payments or seizing your property. The amount you have to pay is, to use the IRS jargon, is "an amount that represents the reasonable collection potential of the account." Stated coldly, it is the most that IRS thinks it could squeeze out of you. This is a lump sum equal to what you could get from the equity in all your assets if they were sold at a quick sale, generally 80% plus 48 times what you could pay monthly on an installment agreement. For example, if you had a car worth $10,000 and owed $5,000 on it and nothing else and IRS said you could make payments to IRS of $100 per month you would have to offer 80% of $10,000 minus the $5,000 owed = $3,000 PLUS 48 times $100 = $4,800 for a total lump sum payment of $7,800 on whatever you actually owed. Can you get a pennies on the dollar deal? Yes you can. Maybe. I got an offer for a client who owed a quarter million dollar liability accepted at 1 cent on the dollar. I just had another one accepted where the client owed about $50,000 and paid $1,500. What could I do for you? There is no way to tell without a comprehensive evaluation of your situation. Anyone who tells you different is lying. Many clients won't qualify and others can't come up with what it would take if they did qualify. Another resolution may work better for you. If you want to hire a professional representative--enrolled agent, CPA or attorney--stay away from the ones that advertise on cable TV. They get bad marks from the Better Business Bureau and charge about three times what I charge but then I don't have to pay for all those TV ads.
Dear Bride: You need to get some help on this one. You would not be asking for an audit if you apply for an OIC. The application is Form 656 and requires a $150 application fee to be sent in with the form. A detailed list of all assets is required and the IRS will not accept 20% unless that is the sum of everything. (Remember this is a very detailed assessment and when I say the sum of everything I am greatly simplifying the procedure) You must with your offer send an up front payment. I would suggest you go to the IRS web site and request the Form 656 booklet, they will send it out to you at no charge. This advice was prepared based on our understanding of the tax law in effect at the time it was written as it applies to the facts that you provide. Click on my profile to read more. Errol Quinn Enrolled Agent Master Tax Advisor
The IRS goes by guidelines to analyze offers. As a general overview, they add the value of your assets (if you went through Cpt 7, probably not much, maybe equity in your house), your earning potential (for about five years). If that is less than what you are offering (from other assets that are not yours, such as a rich, generous relative), they may accept it. If it is less than they can get from forced collection, they will reject it. And keep the fee. (Take what you are paying for your Luverne and multiply it by about 60, add the value of the equity in your home and auto, and that may be the minimum they will accept. Is that about 20% of what you owe?) Where are you going to get the 20% lump sum fee?