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Advantages and Disadvantages of IRS Offer in Compromise

If there is any government agency everyone wants to avoid at all costs, it is the Internal Revenue Service. The tax collection division of the United States government has a long history of being extremely tough when it comes to settling tax debts with American citizens who may be attempting to skirt on their financial obligations to the government based on their personal income levels.

Tax evasion cases can often be very serious, and historically many delinquent taxpayers have faced jail time when they could not settle with the IRS. But, several years ago under the Obama Administration, the agency changed their mission statement to being a “kinder and gentler IRS” while announcing that some individuals who were delinquent on their income taxes could possibly be eligible for a significant reduction.

But, as with many other government programs, qualifying for the offer in compromise (OIC) tax relief benefit is not as easy as it may seem. And, there have been many individuals who submitted an OIC just to have it flatly rejected, usually based on the claims by a taxpayer that the obligation cannot be paid or would result in an insurmountable financial burden. Learn more about how an OIC works.

Here are a few advantages and disadvantages to consider when requesting an OIC approval.

Advantages of an Offer in Compromise

There are several advantages of filing an offer in compromise when there is a distinct possibility it will be approved. The first advantage is that the consistent cloud over your head of the IRS looming to foreclose ends with acceptance of the offer. Even the decision by the agency to investigate the offer can help.

The offer acceptance does not stop the repayment program, but it stops the anxiety of not knowing what will happen, especially when it could result in the shuttering of a personal business. It also means the credit score of the filer will improve as well in most cases when the IRS lifts the collection status of the account. Even an offer that is being investigated will halt the collection process until the IRS renders a final decision. The purpose of the policy is to give a fresh start to those who are delinquent, and many times this is the ultimate advantage.

Disadvantages of an Offer in Compromise

The disadvantages of filing an offer in compromise can be significantly worse than the advantages in an unacceptable situation. One of the first disadvantages is that the IRS will want a large amount of personal information regarding finances that will include a detail listing of income, debt liabilities, and personal assets. These assets can also include retirement accounts, which can make a major difference for those nearing retirement, because the IRS has a 10-year window in which to collect the final agreed upon financial amount.

The filer is also typically placed on probation for a period of five years when an agreement is fulfilled in installments, which can also place more pressure on the filer to meet the repayment schedule. Even when the IRS settles for a minimal amount, this can be a real ongoing problem for the filer.

Additional Potential Problems

The primary concern of the IRS is collection of the tax debt unless there are particularly egregious circumstances involved that indicate criminal behavior. The government agency could actually decide the debt cannot be collected, but that is not exactly forgiveness. The damage to credit scores will remain intact until the debt is settled. But, the biggest problem with an offer in compromise is convincing the agency to approve the request, as they deny up to two-thirds of all submissions.

Accepted offers often require the expertise of an experienced tax liability attorney who knows what to expect as a response from the IRS and understands how to craft an offer that the government may deem acceptable. There is always a 9-12 month investigation during the approval process and more problems can arise regarding taxes during that time.

There is nothing automatic about an offer in compromise to the Internal Revenue Service, and all filers should know that from the very beginning. That is why it is vital to have an experienced tax relief attorney representing your case when the IRS comes calling. It is not just an investment in your personal finances. It is an investment in your future.

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