How To Get an Offer in Compromise Approved Successfully
An Offer in Compromise (OIC) is a tax settlement program that allows qualifying taxpayers to settle their tax debt for less than the full amount owed. This IRS program provides relief for those experiencing financial hardship, but approval requires careful preparation and understanding of the specific requirements.
What Is an Offer in Compromise?
An Offer in Compromise is an agreement between a taxpayer and the Internal Revenue Service that settles tax debt for less than the full amount owed. This program exists to provide taxpayers experiencing genuine financial hardship with a fresh start. The IRS reviews each application thoroughly, considering the taxpayer's ability to pay, income, expenses, and asset equity.
The OIC program is designed for situations where paying the full tax liability would create financial hardship or when there's doubt about the liability's accuracy. It's important to understand that the IRS doesn't approve every application—in fact, the acceptance rate historically hovers around 40%. Successfully navigating this process requires understanding eligibility criteria and properly documenting your financial situation.
Eligibility Requirements for an OIC
Before applying for an Offer in Compromise, ensure you meet the basic eligibility requirements. You must have filed all required tax returns, made required estimated tax payments for the current year, and made all required federal tax deposits for business owners with employees. Additionally, you cannot be in an open bankruptcy proceeding.
The IRS evaluates OIC applications based on three criteria: doubt as to collectibility (you cannot pay the full amount), doubt as to liability (you don't actually owe the amount claimed), or effective tax administration (you can pay but doing so would create economic hardship or be unfair). Most approved OICs fall under the first category, where taxpayers demonstrate they cannot reasonably pay their full tax debt.
The IRS will also examine your reasonable collection potential (RCP), which includes the value of your assets plus future income after accounting for basic living expenses. Understanding how the IRS calculates your RCP is crucial for determining an appropriate offer amount that has a chance of approval.
Preparing a Strong OIC Application
A successful OIC application requires thorough documentation and a realistic offer amount. Begin by completing Form 656 (Offer in Compromise) and Form 433-A (Collection Information Statement for Wage Earners and Self-Employed Individuals) or Form 433-B for businesses. These forms require detailed financial information, including income, expenses, asset values, and liabilities.
When determining your offer amount, consider the IRS formula: realizable value of assets plus future income. Be prepared to document all financial claims with bank statements, pay stubs, medical bills, and other supporting evidence. The more thoroughly you document your financial hardship, the stronger your case becomes.
Many successful applicants work with tax professionals who understand the nuances of the OIC program. Tax resolution specialists from firms like Tax Defense Group or Optimum Tax Law can help identify the appropriate offer amount and prepare documentation that addresses potential IRS concerns before they arise.
Tax Resolution Provider Comparison
When seeking professional assistance with your OIC application, several reputable tax resolution firms offer specialized services. Consider the following comparison of prominent providers:
| Provider | Specialization | Initial Consultation | Success Fee Model |
|---|---|---|---|
| Tax Defense Group | OIC specialists with former IRS employees | Free | Flat fee |
| Optimum Tax Law | Tax attorneys focused on complex cases | Free | Percentage-based |
| Tax Relief Center | General tax resolution with OIC focus | Free | Tiered pricing |
| National Tax Relief | High-dollar tax debt resolution | Free | Hybrid model |
When choosing a tax resolution provider, consider their experience with cases similar to yours, their fee structure, and their track record of OIC approvals. Request information about their success rates specifically for Offers in Compromise, as these applications require specialized expertise different from other tax resolution strategies.
After Submitting Your OIC Application
Once submitted, your OIC application will undergo a thorough review process by the IRS, typically taking 6-12 months to complete. During this period, the IRS suspends collection activities, giving you temporary relief while your offer is considered. However, interest and penalties continue to accrue on your tax debt.
The IRS may request additional documentation or clarification during their review. Responding promptly and thoroughly to these requests is critical for maintaining momentum in your application process. Working with experienced professionals from firms like Community Tax Law can help navigate these information requests effectively.
If your initial offer is rejected, you have the right to appeal within 30 days. The appeal process allows you to address the specific concerns that led to rejection. Many taxpayers find success through the appeals process by adjusting their offer amount or providing additional documentation that strengthens their case. According to Tax Problem Solvers, approximately 40% of initially rejected OICs are eventually approved through appeals or resubmission with adjustments.
Conclusion
Successfully navigating the Offer in Compromise process requires patience, thorough preparation, and realistic expectations. While the program provides genuine relief for qualifying taxpayers, approval depends on demonstrating clear financial hardship and submitting a reasonable offer amount based on your ability to pay. Consider consulting with tax resolution specialists who understand the nuances of the OIC program to maximize your chances of approval. Remember that even if your initial application is rejected, the appeals process offers a second opportunity to achieve tax debt relief through this valuable IRS program.
Citations
- https://www.irs.gov
- https://www.taxdefensegroup.com
- https://www.optimumtaxlaw.com
- https://www.taxreliefcenter.org
- https://www.nationaltaxrelief.com
- https://www.communitytaxlaw.com
- https://www.taxproblemsolvers.net
This content was written by AI and reviewed by a human for quality and compliance.
