Friday, February 8, 2008

Offer in Compromise: File It Right

If you're experiencing IRS issues, a resolution would be an Offer in Compromise or OIC. The IRS will make deals with taxpayers. Your tax liability can be resolved by an OIC. The IRS has the authority to accept less than full payment under some circumstances.

Examine the IRS Form 656 literature before filing an OIC. You will determine if you qualify for an OIC.

There are some conditions that should be satisfied to be eligible for an OIC and these are:

  • Doubt as to collectibility - This is uncertainty on the IRS's part that it'll be able to collect your liability from you now or in the future.
  • Doubt as to liability, meaning there is doubt on the accuracy of the assessed taxes or that you even owe the tax bill.
  • Effective tax administration by proving that paying the tax bill is unjust as it'll cause you extreme economic crisis.
How Much Must You Offer?

The amount of the OIC is calculated by your assets' realization value and the money that the IRS could collect from your future income.

The realization value of your assets is calculate by the IRS utilizing a "quick sale value" (twenty per cent less than fair market value). Debts on the asset aren't included.

When coming up with this amount, you can exclude most of your household assets and personal effects. You will have to include luxury items such as fur coats and antiques.

The balances of your retirement plans also must be included, minus the taxes and penalties connected with cashing them in, and an explanation of how you came to the figure you supplied.

The IRS Collection Process (IRS Publication 594) has a score of items that you can exclude from your asset calculation.

You deduct your essential living expenses from your total monthly income to establish your future income. This is considered your disposable income. The number associated with the payment plan you propose to use is then multiplied with this amount.

Payment Plans

  • Deferred offer - your future income multiplied by the months left on the statute of limitations.
  • Short-term deferred offer - settlement after 91 days but within 2 years after the IRS acceptance notification (future income x 60).
  • Cash Offer � You will pay in full within five months of IRS notification that the OIC has been accepted. Multiply your future income by 48.

No comments: