Can I persuade the IRS to accept less than they demand?

Maybe, through an "Offer in Compromise." An Offer in Compromise is an offer to pay less than the full amount the internal revenue service claims you owe.

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Maybe, through an "Offer in Compromise." An Offer in Compromise is an offer to pay less than the full amount the internal revenue service claims you owe.

The IRS might accept the offer if you convince them that there is "doubt as to liability," "doubt as to collectibility," or "for effective tax administration."

While the offer is pending, the internal revenue service will normally not take any collection action - unless they feel the offer was submitted merely to delay collection. The Statute of Limitations for collection is normally ten years, but it is extended while the IRS reviews the offer.

"Doubt as to liability"

"Doubt as to liability" means "I don't really owe the tax." If you persuade them of this, your case goes back to the audit stage for review. This rarely happens.

If you feel you have a good case, you can fill out and file the Offer in Compromise form (Form 656) with the IRS. You do not need to file any financial declarations when you file under "Doubt as to liability."

(You will need Acrobat Reader to view the form).

"Doubt as to collectibility"

There is common belief that if you owe the internal revenue service $10,000, all you have to do is offer $3,000 in cash and they will take it. It's not that simple. The IRS will not accept an offer if they think they can get more from you by using their own collection methods.

For example, if you owe $10,000 but have $30,000 equity in a piece of rental property, it is almost certain that the IRS will not accept an offer for anything less than the full $10,000. On the other hand, if the IRS reviews your full financial situation and does not believe it can collect $10,000 from you, it might be willing to accept an Offer in Compromise.

How do I file an Offer in Compromise?

Fill out a copy of the Offer in Compromise Form (Form 656).
(You will need Acrobat Reader to view the form).

You must also fill out a financial declaration listing your assets, liabilities, and monthly income and expenses (Form 433-A). If you operate a business, you also must fill out the business financial declaration (Form 433-B).

The internal revenue service will want documents from you that prove your income and expenses. These can be submitted with the offer or provided when they ask for them. GotTrouble.com
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Related Article
- How does "collection" operate?
Your case goes to the Internal Revenue Services "Collection" department whenever the IRS determines that you owe back taxes. This will happen if you file a tax return and don't pay the tax owed, or if the Internal Revenue Service wins at an audit of the tax return you filed. They have many tools to collect the tax.