Offer in Compromise (OIC): How to Settle Your Tax Debt for Less

May 31, 2025By S&N Accountancy

SA

Understanding Offer in Compromise (OIC)

Dealing with tax debt can be overwhelming, but the IRS offers a solution that might ease your financial burden. An Offer in Compromise (OIC) allows qualified taxpayers to settle their tax debts for less than the full amount owed. This blog post will guide you through the process of applying for an OIC and help you determine if it's the right option for you.

tax paperwork

Eligibility Criteria

Before you apply for an Offer in Compromise, it's crucial to understand the eligibility requirements set by the IRS. The IRS considers several factors, including your ability to pay, income, expenses, and asset equity. Generally, the IRS will approve an OIC if it believes that the offered amount is the most they can expect to collect within a reasonable period.

It's important to note that not everyone qualifies for an OIC. You must have filed all required tax returns and made any necessary estimated tax payments for the current year. Additionally, if you're in a bankruptcy proceeding, you're not eligible to apply for an OIC.

The Application Process

Applying for an Offer in Compromise involves several steps. First, you'll need to complete Form 656, "Offer in Compromise," and Form 433-A (OIC) or Form 433-B (OIC), which detail your financial information. These forms require you to provide comprehensive details about your financial situation, including income, expenses, assets, and liabilities.

financial documents

Along with the forms, you'll need to include a non-refundable application fee and an initial payment toward your offer. If you're experiencing economic hardship, you may qualify for a waiver of the application fee. Once submitted, the IRS will review your application and may request additional information or clarification before making a decision.

Payment Options

When submitting an OIC, you must choose one of two payment options. The first option is the lump sum cash offer, where you pay 20% of the total offer amount upfront and the balance in five or fewer payments. The second option is the periodic payment offer, which involves making regular payments while your offer is being considered, with the remaining balance paid over 24 months or less.

payment options

Benefits and Considerations

An Offer in Compromise can significantly reduce your tax liability and provide peace of mind. However, it's essential to consider both the benefits and potential drawbacks. While an approved OIC can alleviate financial stress, the application process can be lengthy and complex, requiring detailed documentation and patience.

If your offer is accepted, you'll need to comply with all future tax obligations for a specified period, usually five years. Failing to do so could result in the termination of your agreement, and the original tax debt could be reinstated.

  • Ensure all tax returns are filed
  • Understand eligibility criteria
  • Choose a suitable payment option

Seeking Professional Help

Given the complexity of the Offer in Compromise process, many taxpayers benefit from seeking professional assistance. Tax professionals can provide valuable insights into your eligibility and help you prepare a compelling application. They can also negotiate on your behalf, increasing your chances of a successful outcome.

If you're considering an OIC to resolve your tax debt issues, consulting with a qualified tax advisor or attorney can be a worthwhile investment. They can help navigate the intricacies of the process and ensure that your application is accurate and complete.

  1. Consult with a tax professional
  2. Gather necessary financial information
  3. Review IRS guidelines thoroughly