IRS Tax – Affordable Back Tax Debt, Relief Help, Settlements – Chattanooga, Murfreesboro, Johnson City

by Fresh Start Tax | May 9, 2014 | Tax Help

Being former IRS agents and managers there is only three general  ways for tax debt to go away permanently.

As a former IRS agent I worked in settled cases for the IRS. I am a tax expert for tax debt relief.

A tax debt can go away through a bankruptcy if you are eligible, the statute of limitations expiring on your tax years and the most common is through the offer in compromise or tax debt settlement program.

The Internal Revenue Service accepts 38% of all offers in compromise  filed for an average of $.14 on a dollar.

If you want to settle your tax debt it only makes sense to call former IRS agents and managers who understand the complete process.

Before you pay any money to us we will make sure that you are an eligible candidate to file  for tax that relief through the offering compromise program.

The Offers In Compromise

An offer in compromise (OIC) is an agreement between a taxpayer and the Internal Revenue Service that settles the taxpayer’s tax liabilities for less than the full amount owed.

If the tax liabilities can be fully paid through an installment agreement or other means, the taxpayer will in most cases not be eligible for an OIC.

In order to be eligible for an OIC, the taxpayer must have filed all tax returns, made all required estimated tax payments for the current year and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees.

The IRS will not accept an OIC unless the amount offered by the taxpayer is equal to or greater than the reasonable collection potential (the RCP).

The RCP is how the IRS measures the taxpayer’s ability to pay. The RCP includes the value that can be realized from the taxpayer’s assets, such as real property, automobiles, bank accounts, and other property.

In addition to property, the RCP also includes anticipated future income, less certain amounts allowed for basic living expenses.

Basically IRS wants the sum total of the equity in your assets with a few exceptions.

The IRS may accept an OIC based on three grounds.

1. Acceptance is permitted if there is doubt as to liability. This ground is only met when there is a genuine dispute as to the existence or amount of the correct tax debt under the law.

2. Acceptance is permitted if there is doubt that the amount owed is fully collectible. Doubt as to collectibility exists in any case where the taxpayer’s assets and income are less than the full amount of the tax liability.

3. Acceptance is permitted based on effective tax administration.

An offer may be accepted based on effective tax administration when there is no doubt that the tax is legally owed and that the full amount owed can be collected, but requiring payment in full would either create an economic hardship or would be unfair and inequitable because of exceptional circumstances.

When submitting an OIC based on doubt as to collectibility or based on effective tax administration, taxpayers must use the most current version of:

• Form 656, Offer in Compromise, and also submit Form 433-A (OIC) (PDF), Collection Information Statement for Wage Earners and Self-Employed Individuals, and/or Form 433-B (OIC) (PDF), Collection Information Statement for Businesses.
• A taxpayer submitting an OIC based on doubt as to liability must file a Form 656-L (PDF), Offer in Compromise (Doubt as to Liability), instead of Form 656 and Form 433-A (OIC) and/or Form 433-B (OIC). Form 656 can be found in the Offer in Compromise Booklet, Form 656-B (PDF).

A taxpayer must submit a $186 application fee with the Form 656.

Alert – Do not combine this fee with any other tax payments.

There are however, two exceptions to this requirement.

1. No application fee is required if the OIC is based on doubt as to liability.

2. No fee is not required if the taxpayer is an individual (not a corporation, partnership, or other entity) who qualifies for the low-income exception.

This exception applies if the taxpayer’s total monthly income falls at or below 250 percent of the poverty guidelines published by the Department of Health and Human Services. Section 4 of Form 656 contains the Low Income Certification guidelines to assist taxpayers in determining whether they qualify for the low-income exception.

A taxpayer who claims the low-income exception must complete section 4 of Form 656.

How to Pay the Settlement

Taxpayers may choose to pay the offer amount in a lump sum or in installment payments. A “lump sum offer” is defined as an offer payable in 5 or fewer installments within 5 or fewer months after the offer is accepted.

If a taxpayer submits a lump sum offer, the taxpayer must include with the Form 656 a nonrefundable payment equal to 20 percent of the offer amount. This payment is required in addition to the $186 application fee.

The 20 percent payment is “nonrefundable” meaning it will not be returned to the taxpayer even if the offer is rejected or returned to the taxpayer without acceptance. Instead, the 20 percent payment will be applied to the taxpayer’s tax liability.

The taxpayer has a right to specify the particular tax liability to which the IRS will apply the 20 percent payment.

An offer is called a “periodic payment offer” under the tax law if it is payable in 6 or more monthly installments and within 24 months after the offer is accepted.

When submitting a periodic payment offer, the taxpayer must include the first proposed installment payment along with the Form 656.

This payment is required in addition to the $186 application fee. This amount is nonrefundable, just like the 20 percent payment required for a lump sum offer. Also, while the IRS is evaluating a periodic payment offer, the taxpayer must continue to make the installment payments provided for under the terms of the offer.

Call us today for free initial tax consultation speak directly to a true tax professional.