The IRS currently has a program known as an Offer-in-Compromise (OIC)
which provides financially distressed taxpayers an opportunity to settle all outstanding taxes, interest and penalties for a lump sum which is less than the total amount owed. The amount of the offer will vary depending upon your income, assets, liabilities and future income prospects. Current IRS guidelines allow for this lump sum to be paid in several installments over a period as long as two years, however, the total payments tend to be higher than under a lump sum offer.
The negotiation of an offer is a lengthy process usually taking from 6 months to a year, but sometimes longer. During the time the offer is pending the IRS will not require any payments on old taxes. However, during the time an offer is pending you must pay all of your current taxes as they become due including any quarterly estimated income tax payments, and federal payroll tax deposits. If you fail to do so the IRS will immediately reject your offer, and you will not be entitled to any appeal rights. Furthermore, your deposit, discussed below, will be applied to your taxes, and if you wish to make a new offer you will need to make an additional deposit.
At the time the offer is submitted a deposit must be submitted. The amount of the deposit is 20% of the amount offered for a “lump sum” offer. For a periodic payment offer you must include the first proposed installment with the offer. While the IRS is evaluating a periodic payment offer, you must make subsequent proposed installment payments as they become due. If the offer is rejected, withdrawn, or returned the IRS keeps any deposits made, and applies them to the back taxes you owe. Read the rest of this entry »