Offer in Compromise (OIC)
An IRS program that allows qualifying taxpayers to settle tax debt for less than the full amount owed, when full payment would create a financial hardship.
Detailed Explanation
An Offer in Compromise under IRC Section 7122 lets a taxpayer settle federal tax debt for less than the full amount when collection of the full balance would create economic hardship or is otherwise doubtful. There are three statutory bases: Doubt as to Collectibility (the most common, where assets and future income won't cover the debt within the collection statute), Doubt as to Liability (the taxpayer disputes whether they actually owe), and Effective Tax Administration (full payment would cause an economic hardship despite ability to pay). The taxpayer files Form 656 (Offer in Compromise) along with Form 433-A (OIC) or 433-B (OIC) for individuals or businesses, providing detailed financial disclosure: bank balances, real estate equity, vehicles, retirement accounts, monthly income, and allowable living expenses (per IRS Collection Financial Standards). The IRS computes Reasonable Collection Potential (RCP) as roughly: net realizable equity in assets PLUS future income for either 12 months (lump-sum offer) or 24 months (periodic payment offer). The minimum acceptable offer is generally the RCP. A non-refundable application fee ($205) and a 20% down payment of the offer amount (lump-sum) or first installment (periodic) are required at submission, although low-income taxpayers can request a waiver. Once submitted, the IRS suspends most collection activity (no levies on new accounts, but existing levies and liens may continue). Processing takes 6 to 12 months. Once accepted, the taxpayer must file and pay all federal taxes timely for 5 years; default revives the original liability. Acceptance rate has historically been around 30 to 40%, with most rejections due to RCP exceeding the offer.
Key Points
- Three bases: Doubt as to Collectibility, Doubt as to Liability, Effective Tax Administration.
- Forms: 656 (offer) + 433-A (OIC) for individuals OR 433-B (OIC) for businesses.
- Minimum offer = Reasonable Collection Potential (assets + 12 or 24 months of future income).
- Application fee $205 + 20% down (lump-sum) or first installment (periodic), with low-income waiver available.
- 5-year tax compliance required after acceptance; default revives the original debt.
- Collection statute clock continues during pendency; IRS often suspends most collection actions.
- Acceptance rate historically 30-40%; most denials due to RCP exceeding offer amount.
Practical Example
A self-employed contractor owes the IRS $80,000 from three years of underpaid taxes. After filling out Form 433-A (OIC), the IRS calculates: $5,000 net equity in vehicles, $8,000 in retirement (after 10% penalty discount), nothing in home equity. Monthly income is $4,500; allowable expenses (housing, food, transportation per IRS standards) are $4,200, leaving $300/month. Lump-sum RCP = $13,000 + ($300 × 12) = $16,600. The taxpayer offers $17,000 lump sum and gets accepted, settling the $80,000 debt for 21 cents on the dollar. They must stay compliant for 5 years.
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