Offer and Compromise
Our firm deals primarily with offer and compromise. This is a procedure before the IRS itself in which we analyze what you have the ability to pay within a relatively short timespan. This forms the basis of the offer.
Rules regarding the offer
The IRS has a complex set of rules with regards to offer and compromise that they must legally follow. You need an attorney who knows the rules
Your offer will be accepted if:
The IRS generally approves an offer in compromise when the amount you offer represents the most they can expect to collect within a reasonable period of time. We will explore all other options before we submit an offer in compromise. The Offer in Compromise program is not for everyone. Be sure to check the qualifications of any tax professional you hire to help you file an offer.
About Us
Unlike other tax relief firms, you will be represented and discuss your case with real lawyer, not an accountant or an accountants assistant. Our lawyers are full time staff, not just part time consultants to the firm
Am I Eligible?
You're eligible to apply for an Offer in Compromise if you:
- Filed all required tax returns and made all required estimated payments.
- Aren't in an open bankruptcy proceeding.
- Have a valid extension for a current year return (if applying for the current year.
- Are an employer and made tax deposits for the current and past 2 quarters before you apply).
Understanding the Process
While IRS evaluates your offer:
- Your non-refundable payments and fees are applied to the tax liability (you may designate payments to a specific tax year and tax debt)
- IRS may file a Notice of Federal Tax Lien
- IRS suspends other collection activities
- Your legal assessment and collection period is extended
- You make all required payments per your offer
- You don't have to make payments on an existing installment agreement
- Your offer is automatically accepted if the IRS doesn't make a determination within two years of the IRS receipt date (This does not include any Appeal period.)
Avoid Scams
The IRS won't call, text or contact you via social media to demand immediate tax payment.
We begin with a letter in the mail and explain how you can appeal or question what you owe. If you're unsure whether you owe money to the IRS, you can view your tax account information on IRS.gov.
Beware of phone scams. Criminals impersonate IRS employees and call taxpayers in aggressive and sophisticated ways. Imposters claim to be IRS employees and sound very convincing.
Some companies appear to be the IRS or offer to help you settle tax debt through the Fresh Start program
Legal Basis
Given the above set of circumstances you may need more than an accountant. A Tax attorney can make legal arguments on your behalf whileas an accountant works primarily with numbers and spreadsheats.
Doubts as to collectibility
Doubt as to collectibility means that over the period for collectibility you don't have enough income or assets to pay your tax debt in full. If this can be established you are entitled to relief
Special Circumstances
When you have the income and assets to pay your debts in full during the period of collectibility, you may still be entitled to tax debt relief by establishing that paying the debt in full would cause you some unique or special hardship different from the average individual
US Census Bureau Standards
In evaluating an Offer and Compromise, the IRS uses US Census Bureay Standards to determine what you can afford to pay. This can work to your advantage since in most case you can claim expenses aboe and beyond your actual expenses
US Trustee's Median Income standard
Unlike bankruptcy there is no cut off point for eligiblity based on median income for household size and location
Hardhip declaration
With a proper hardhsip declaration the IRS will waive the filing fee for your Offer and Compromise as well as payments on your offer.
Stay of actions
Once your offer is in the hands of the offer and compromise division, further collection actions will be stayed pending a determination of the offer.
Call To Action
Notices from the IRS that you owe money cannot be ignored. If left unpaid the total amount you owe can double or triple in a period of several years. Doing nothing is not an option.
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