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There is a art to a successful Offer. in Compromise.
What most persons fail to understand is the fact that an offer in compromise ( tax debt settlement)is much like a tax audit.IRS will spend many hours and hours reviewing paperwork and documentation to verify the accuracy of the financial statement and to make sure that is compromise is in the very best interest of the government and not necessarily the taxpayer, after all the greater always have to accept the lesser.
With all this said it is wise to have your offer reviewed by Former IRS Agents who administered and taught this program. And yes, we are those persons.We have worked thousands of case when we were employed by the IRS and we know every nook and cranny of the process and techniques.
New terms of Offers in Compromise for 2011 have just been released. Even though the terms have not changed the terms will now appear on the new 656 OIC form, 2011
Offer Terms
By submitting this offer, I/we have read, understand and agree to the following terms and conditions:
Terms, Conditions, and Legal
a) I request that the IRS accept the offer amount listed in this offer application as payment of my outstanding tax
Agreement debt (including interest, penalties, and any additional amounts required by law) as of the date listed on this form. I
authorize the IRS to amend Section 2 on page 1 in the event I failed to list any of my assessed tax debt.IRS will keep my payments,
b) I voluntarily submit the payments made on this offer and understand that they are not refundable even if I
fees, and some refunds. withdraw the offer or the IRS rejects or returns the offer. Unless I designated how to apply the required
payment (page 3 of this application), the IRS will apply my payment in the best interest of the government,
choosing which tax years and tax liabilities to pay off. The IRS will also keep my application fee unless the offer is
not accepted for processing.
c) The IRS will keep any refund, including interest, that I might be due for tax periods extending through the
calendar year in which the IRS accepts my offer. I cannot designate that the refund be applied to estimated tax
payments for the following year or the accepted offer amount. If I receive a refund after I submit this offer for any
tax period extending through the calendar year in which the IRS accepts my offer, I will return the refund as soon
as possible.
d) The IRS will keep any monies it has collected prior to this offer and any payments that I make relating to this
offer that I did not designate as a deposit. Only amounts that exceed the mandatory payments can be treated as a
deposit. Such a deposit will be refundable if the offer is rejected or returned by the IRS or is withdrawn. I
understand that the IRS will not pay interest on any deposit. The IRS may seize (”levy”) my assets up to the time
that the IRS official signs and accepts my offer as pending.Pending status of an offer
e) Once an authorized IRS official signs this form, my offer is considered pending as of that signature date and it
and right to appeal remains pending until the IRS accepts, rejects, returns, or terminates my offer or I withdraw my offer. An offer will
be considered withdrawn when the IRS receives my written notification of withdrawal by personal delivery or
certified mail or when I inform the IRS of my withdrawal by other means and the IRS acknowledges in writing my
intent to withdraw the offer.
f) I waive the right to an Appeals hearing if I do not request a hearing within 30 days of the date the IRS notifies
me of the decision to reject the offer.I must comply with my future
g) I will file tax returns and pay required taxes for the five year period beginning with the date of acceptance of this
tax obligations and offer, or until my offer is paid in full, whichever is longer. If this is an offer being submitted for joint tax debt, and
understand I remain liable for one of us does not comply with future obligations, only the non-compliant taxpayer will be in default of this
the full amount of my tax agreement.
h) The IRS will not remove the original amount of my tax debt from its records until I have met all the terms and
been met. conditions of this offer. Penalty and interest will continue to accrue until all payment terms of the offer have been
met. If I file for bankruptcy before the terms are fully met, any claim the IRS files in the bankruptcy proceedings
will be a tax claim.
i) Once the IRS accepts my offer in writing, I have no right to contest, in court or otherwise, the amount of the tax
debt.
I understand what will j) If I fail to meet any of the terms of this offer, the IRS may levy or sue me to collect any amount ranging from the
happen if I fail to meet the unpaid balance of the offer to the original amount of the tax debt without further notice of any kind. The IRS will
terms of my offer (e.g., continue to add interest, as Section 6601 of the Internal Revenue Code requires, on the amount the IRS
default). determines is due after default. The IRS will add interest from the date I default until I completely satisfy the
amount owed.
I agree to waive time limits k) To have my offer considered, I agree to the extension of the time limit provided by law to assess my tax debt
provided by law. (statutory period of assessment). I agree that the date by which the IRS must assess my tax debt will now be
the date by which my debt must currently be assessed plus the period of time my offer is pending plus one
additional year if the IRS rejects, returns, or terminates my offer or I withdraw it.
(Paragraph (e) of this section
defines pending and withdrawal). I understand that I have the right not to waive the statutory period of
assessment or to limit the waiver to a certain length or certain periods or issues. I understand, however, that the
DXA www.irs.gov Form 656 (Rev. 3-2011)