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How To Respond To An Offer In Compromise Rejection

An Offer In Compromise is a settlement that one makes with the Internal Revenue Service. A person will make a lump sum payment that is less than what they originally owed. An Offer In Compromise can alleviate the tax burden that one is experiencing. Unfortunately, Offer In Compromise rejection is not that common. In fact, the Internal Revenue Service rejected 57.4 percent of the offer in compromise applications in 2014.

 How To Respond To An Offer In Compromise Rejection

Reasons for Offer In Compromise Rejection

- The Internal Revenue Service believes that the amount is too low, and you will need to pay more.
- You have high expenses or are living above your means.
- The Internal Revenue Service believes that you are able to pay the full amount that you owe.

It is important to remember that a rejection is not the same thing as a return. You have the right to get an Offer In Compromise apeal if your application is rejected. However, you cannot get an appeal if your application is returned. Here are some of the reasons your application may be returned:

- The Internal Revenue Service requested additional information, and... read article

Attorney Mary E. King

What Happens When You Face Wage Garnishment From The IRS?

The Internal Revenue Service (IRS), can garnish an individual's wages if he or she has a tax debt that has not been settled, similar to a creditor. However, the IRS is unique from creditors because it can garnish an individual's wages before receiving a judgment. In addition, the IRS also has the power to garnish more funds than other creditors. Fortunately for taxpayers, the IRS offers several payment options for individuals wanting to avoid wage garnishment.

What Tax Obligation Options Does the IRS Offer?
After an individual files his or her taxes, they will either owe the IRS money or be issued a tax refund. For those who owe the IRS money, there are several payment options. Although it is ideal to write a check to the IRS for the full amount owed, many individuals do not have the funds to make the full payment all at once, so these individuals will need to seek out other payment options. The IRS offers the following payment options for those not able to pay the full amount at once:
Arrange... read article

International Agreements Turning Up Pressure For Offshore Bank Account Disclosure

The IRS and U.S. Justice Department, now more than ever, due to a the combined efforts of willful witnesses, whistleblowers, and data from the Foreign Account Tax Compliance Act (FATCA, are able to track down offshore accounts. Offshore account holders have been warned that they either disclose now or face severe consequences. Banks all over the world now want to know if account holders are in compliance with the IRS. It is easier to be discovered by the IRS. The list of accounts that are facing costly penalties has expanded considerably. As of 2016, with the help of these offshore account programs,the IRS has collected over $8 billion in taxes and penalties.

It is becoming increasingly difficult for offshore account holders to go unnoticed from the IRS. Under FACTA, the U.S. and partnering territories now have an complicated web of intergovernmental agreements (IGAs). The IRS now has an updated and expanded list of foreign banks with a cost-prohibitive 50% penalty (formerly 27.5%) with the Offshore Voluntary Disclosure Program (OVDP).

Since 2009, the OVDP has offered offshore account holders with undisclosed income, the opportunity to get up-to-date with their taxes and other pertinent tax information. The OVDP encourages taxpayers to cooperate... read article

Attorney Mary E. King

Offer In Compromise - A Process To Settle Back Taxes With The IRS

If you owe money to the Internal Revenue Service (IRS), you know how stressful of a situation it can be. However, you do have options that can help you erase your debt and enjoy a clear conscience, free from the burdens of financial obligation. The IRS may consider working with you to formulate an offer in compromise (OIC), which can reduce your tax bill to a mere percentage of the original amount owed. Although there is no legal obligation for the IRS to accept an OIC to settle a tax bill, they are required to seriously review any properly submitted request. Additionally, if your OIC is not approved, you have the recourse of requesting a hearing with the IRS Appeals Office.

How to Qualify for an OIC

Everyone would like to settle their tax bill for a fraction of what they owe. The IRS does not grant an OIC to anyone wishing to shirk their financial responsibility to Uncle Sam. There are certain circumstances that must be met in order for the IRS to consider granting an OIC.

Doubt of liability is one such condition that may qualify you for an OIC. Essentially, this means that there are genuine factors in existence which... read article

Attorney Mary E. King

Tax Relief With An Offer In Compromise

Tax season strikes fear in the hearts of many, especially those who know they will have an excessive bill due on April 15. In addition, there are many people who, for any number of reasons, may not have paid a tax liability in previous years, have not filed returns or received notice from the Internal Revenue Service that a previous year’s return had an error that led to money owed. There is hope, however, that some of the tax burden can be lessened through what the IRS calls an Offer in Compromise.

Offer in Compromise

In some cases, the IRS will accept as little as one percent of the amount owed on a tax bill from taxpayers who qualify for an Offer In Compromise. In order to qualify, the taxpayer must:

Demonstrate that collecting the tax bill is in doubt, both now and in the future. This is a process known as “doubt as to collectability.”

Provide evidence that paying the bill would be unfair, inequitable or cause economic hardship for the taxpayer.

Demonstrate that the tax liability assessed is incorrect, otherwise known as “doubt as to liability.”

In order to show an incorrect assessment, the taxpayer must file Form 656-L, and some experts say that... read article

Attorney Mary E. King

What You Need To Know About Appealing An Offer Of Compromise Rejection

The complexity of bureaucracy creates headaches for about any third party participant. A person that finds themselves embroiled in that complexity will typically want to find legal representation to work through it. Dealing with the IRS or the government requires a very specific body of knowledge. Mistakes can result in even more time and money spent on the process. Thus, it is best to get an experienced professional involved early in the proceedings. A great example is appealing the rejection of an Offer of Compromise with the IRS.

* What Is The Offer Of Compromise?
Simply put, an Offer of Compromise is a settlement with the IRS that comes in three forms. Instead of the full amount, the taxpayer agrees to make a single lump sum payment in exchange for a wipe of their original tax liability. The three forms the IRS recognizes are Doubt as to Liability, Effective Tax Administration, and Doubt as to Collectability. The IRS may decline an Offer of Compromise based on financial analysis of the applicant. The ability of the taxpayer to pay their obligation is measured by their reasonable collection potential... read article

Offer In Compromise - When Does The Statute Of Limitations Eliminate Your Taxes

The Statute of Limitations on IRS Taxes

When you fall behind in paying your taxes, you can sometimes eliminate or greatly reduce your total tax debt with an IRS offer in compromise. To successfully submit such an offer, you have to prove that you do not have the ability to pay the full debt or doing so creates significant financial hardship. Each taxpayer’s case is individually considered based on their:

• Equity in assets
• Annual income
• Monthly expenses
• Overall ability to pay

There are two issues to consider on tax debt. The first is that if you have not filed taxes or filed an incorrect or fraudulent return, the statute on the tax due does not begin until the tax is assessed. The IRS can pursue taxes in such cases once the issue is discovered for up to ten years after the tax is assessed. However, if you have filed correct returns on time, there is a 10-year period for their collection. For example, taxes filed and owed in 2003 will expire in 2014, ten years after the tax debt was incurred. This is called by the IRS the Collection Statute Expiration Date, or CSED.

When an Offer is Possible

The IRS basically looks at... read article

Attorney Mary E. King

The Offer In Compromise, A Big Reward - If You Can Qualify

The offer in compromise program has more than any other IRS debt reduction program the ability to generate wide-spread interest. And rightly so, if you do qualify for the program you can actually greatly reduce the amount of money you will be on the hook for. The actual percentage will vary but in a nutshell if you qualify for the OIC the IRS will accept reducing the debt by a substantial amount.

The exact amount will depend on many different factors but first and foremost you must find out if you qualify for the program.

Hurdles taxpayers face when attempting to qualify for the Offer In Compromise program:

OIC problem 1 - you make too much money

It's going to sound strange but the main reason most do not qualify for the Offer In Compromise is that they make too much money. Thinking it through thought it makes sense. The IRS is only going to accept less on the tax debt if it feels that a taxpayer will never be able to pay the original amount owed. Even if it will take many years to pay the debt off if the IRS thinks you can eventually do it than they are not going... read article

Attorney Mary E. King

Form 656 - The Offer In Compromise

form-656.jpgThis is a type of offer in Compromise where the taxpayer is agreeing to offer the IRS money in exchange for canceling the taxpayers outstanding debt. This type of proceeding will help the taxpayer cancel out his outstanding tax debts. This proposal may be denied or rejected by the IRS . The majority of offer in compromise applications are returned or rejected while 16% are accepted. If you do not follow the rules and guidelines set forth by the IRS for your offer in compromise than the full amount will be reinstated.

Basis of the Offer In Compromise Agreement

There are three areas in which a taxpayer can request an offer in compromise agreement These include:

Doubt as to Collectibility, Doubt as to Liability, or Effective Tax Administration

Doubt as to Collectibility means that the taxpayer does not have the availability of funds to pay the full amount of taxes owed. When an offer in compromise is requested it is usually that the vast majority of taxpayers do not have the money to pay. Alternatives to... read article

Offer In Compromise - Options For Settling Tax Debt

If you owe a large amount of back taxes or are faced with a debt this year that you feel that you are unable to pay, it can be stressful, to say the least. The longer that you put off paying the IRS, the more stressful it will get. The worst thing that you can do in this type of situation is to ignore correspondence from the IRS, because this will set other legal proceedings in motion against you to collect the debt. You could end up having your wages garnished or a lien put on your property, in serious cases. Using a tax lawyer is recommended when you don't know where else to turn, because they can help you find ways to settle your debt. One of these options is known as an Offer in Compromise.

It's important to understand that the Offer in Compromise program is not an option for all taxpayers. You will have to prove that you meet the requirements to qualify for this debt settlement options, with the help of your lawyer. It's estimated that only 1% of offers that are submitted are actually accepted by the IRS, which is why it's not... read article

Attorney Mary E. King

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