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The IRS debt negotiation process can be overwhelming, but don't worry, there are options available to help you settle your debt.
The IRS offers several debt negotiation and settlement options, including Currently Not Collectible (CNC) status, which means the IRS temporarily stops collection activities, and Offer in Compromise (OIC), a settlement that reduces the debt for less than the full amount owed.
If you're struggling to pay your tax debt, the IRS may accept a lump sum payment or a payment plan, which can be as low as $25 per month. In some cases, the IRS may even waive penalties and interest.
The IRS also considers your financial situation when determining whether to accept an OIC, and may take into account your income, expenses, and assets.
Understanding IRS Debt
The IRS offers several programs and services to help taxpayers manage their tax debt, including installment agreements, offers in compromise, and tax penalty abatement.
A federal tax debt has a 10 year statute of limitations, meaning the IRS has 10 years after the date of assessment to collect a tax debt from you.
This 10 year time frame can significantly impact negotiating with the IRS, and it's advisable to consult with a CPA or other tax professional for guidance.
The date on which the statute of limitations expires is called the Collection Statute Expiration Date, or CSED, and it's essential to be aware of this deadline to avoid inadvertently extending the statute of limitations.
If the 10 year statute of limitations expires, the tax debt goes away, including all related interest and penalties.
What Is a Substitute for Return and Its Impact?
A Substitute for Return is a tax return prepared by the IRS when a taxpayer doesn't file their own return despite multiple requests.
It's considered a filed tax return, which can be important for tax debt negotiation purposes.
A Substitute for Return usually overstates the tax because it's prepared with unfavorable tax attributes and without deductions.
This can result in a higher tax, and it's often filed as Single, even if the taxpayer is married.
Correcting a Substitute for Return can be beneficial, as it allows the taxpayer to take advantage of a better tax status or deductions.
However, the taxpayer isn't required to do so.
Filing a tax return without payment can protect you from penalties on unfiled tax returns, although you may still face penalties and interest for a late payment.
Once the return is filed, you may be eligible for a negotiated settlement of your tax debt.
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Disputing Bill Information
Disputing Bill Information is a crucial step in resolving any discrepancies on your tax bill. If you disagree with the information on your tax bill, be sure to have a copy of the bill and any tax returns, cancelled checks or other records to help explain why you believe your bill is wrong.
You'll need to provide documentation to support your claim, so gather all relevant records and have them ready for review. Having accurate and up-to-date records can make a big difference in resolving any disputes quickly.
If the IRS finds that you're right, they'll adjust your account and send a revised bill if necessary. This is a straightforward process that can be completed efficiently with the right documentation.
Understand the Process
The IRS has a complex process for collecting tax debt, but understanding it can help you navigate the system.
The IRS may file a notice of federal tax lien, which can damage your credit score and make it harder to get loans or credit.
If you're struggling to pay your tax debt, you may be able to set up an installment agreement, which allows you to make monthly payments.
The IRS will suspend other collection activities while you're making payments under an installment agreement.
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If you're unable to pay your tax debt, you may be able to submit an offer in compromise, which can reduce or eliminate the amount you owe.
Here's a summary of what happens during the offer in compromise process:
- Your non-refundable payments and fees are applied to the tax liability.
- The IRS may file a notice of federal tax lien.
- The 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.
Settling IRS Debt
Settling IRS debt can be a complex process, but it's a viable option for those who owe taxes they cannot afford to pay. Typically, tax debt negotiation is required when the taxpayer owes taxes, penalties, and interest to the IRS that they cannot afford to pay.
To begin the negotiation process, the IRS will evaluate the resolution options available to the taxpayer, including an offer in compromise, installment agreement, or uncollectible status. Each option has its own advantages and disadvantages, and qualification rules apply.
One of the key requirements for IRS negotiation is tax compliance. The IRS will not begin the negotiation process if the taxpayer is not current on tax return filings. In fact, tax returns must be filed for all years, including the current year, before the IRS will consider negotiation.
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To settle tax obligations, taxpayers can file an Installment Agreement Request (Form 9465) to make monthly payments. The IRS will check on sufficient payroll tax withholding for employees, quarterly estimated tax payments, and payroll tax deposits by employers before agreeing to any tax settlement.
If you're a business owner or contractor, you're required to make quarterly tax payments to the IRS, which can be a problem if you're not current. These payments are due on April 15, June 15, September 15, and January 15 of the following year.
If you have a large outstanding tax debt, you might be eligible to settle for a lower payment amount through an Offer in Compromise (OIC) with the IRS. To qualify, you must be up-to-date on past returns, current on quarterly estimated payments, and financially solvent enough to pay future taxes for the next five years.
If your offer is rejected, you may appeal the decision within 30 days using the Request for Appeal of Offer in Compromise, Form 13711. The IRS Independent Office of Appeals offers additional assistance on appealing a rejected offer.
Here are some key points to keep in mind when considering an Offer in Compromise:
- Initial payment varies based on the payment option chosen (Lump Sum or Periodic Payment)
- Submit the application fee or initial payment to begin the process
- Make monthly installments while the IRS reviews the offer
Ultimately, settling IRS debt requires a thorough understanding of the options available and the requirements for each. By staying current on tax filings, making timely payments, and exploring available options, taxpayers can work towards a resolution that meets their financial needs.
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Frequently Asked Questions
Is the IRS doing a debt forgiveness?
The IRS offers debt forgiveness programs that can provide immediate tax relief, but eligibility depends on individual circumstances. Find out if you qualify and discover how much tax debt relief you can expect.
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