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Settle your IRS debt for what you can actually pay
An offer in compromise lets you settle federal tax debt for less than the full balance when your income and assets show the IRS could never collect it all. The IRS does not accept offers because a story is sympathetic. It accepts them when its own formula says the offer beats what enforced collection would recover. We run that formula before you file anything, so you know whether an offer is realistic in a free consultation before you spend a dollar on one.
Who this is for
- Your tax debt is large relative to your income, and paying it in full would take longer than the IRS has left to collect
- Your business failed, your income dropped, or a one-time event created a balance your current earnings cannot cover
- You have few assets with equity the IRS could reach
- You are current on filing, or willing to get current, since the IRS will not review an offer with missing returns
- You want a defined endpoint instead of open-ended monthly payments
What an offer in compromise is
An offer in compromise (OIC) is a formal agreement between you and the IRS that settles your tax liability for less than the full amount owed. It is filed on Form 656 with a complete financial disclosure, Form 433-A (OIC) for individuals or Form 433-B (OIC) for businesses. Most accepted offers are based on doubt as to collectibility: the IRS agrees the offer amount is the most it can reasonably expect to collect before the collection statute runs out.
The core of every offer is reasonable collection potential (RCP): the equity in your assets plus a multiple of your monthly ability to pay after IRS-allowed living expenses. If your offer is at or above RCP and everything else is in order, the IRS is supposed to accept it. If your offer is below RCP, it gets rejected no matter how well the paperwork is written. That is why we calculate RCP first and let the math decide whether an offer is the right program, or whether an installment agreement or hardship status fits better.
Who qualifies for an offer in compromise
The IRS applies hard eligibility gates before it even evaluates your numbers. To have an offer considered, you must have:
- Filed all required tax returns and made all required estimated tax payments for the current year
- No open bankruptcy proceeding
- If you are an employer, made federal tax deposits for the current quarter and the two preceding quarters
Past those gates, qualification is purely financial. The standard application carries a $205 fee. With a lump sum offer, you send 20 percent of the offer amount with the application and pay the balance in five or fewer payments after acceptance. With a periodic payment offer, you make monthly payments while the IRS reviews it. Taxpayers who meet the IRS low-income certification guidelines skip both the fee and the upfront payments.
How we work an offer case
Every case starts with investigation, not paperwork. We pull your IRS account transcripts to confirm exactly what is assessed, which years are involved, what penalties and interest have accrued, and where each balance sits on the 10-year collection clock. Then we build your financial picture the way an offer examiner will: income, allowable expenses under the IRS collection financial standards, and asset equity.
Compliance comes next, because the IRS returns offers from non-compliant taxpayers unreviewed. That means any unfiled returns get filed and current-year withholding or estimated payments get fixed first. Only then do we prepare and file the Form 656 package, document every figure, and respond to the offer examiner's requests while it is pending. If an offer is rejected and the numbers support it, appeal rights exist and we use them.
Timeline and what happens while your offer is pending
The IRS does not publish a fixed processing time for offers. In practice, review commonly takes several months, and the National Taxpayer Advocate has reported that even complete offers can take a year or more to fully resolve. The two-year deemed-acceptance rule caps the wait.
While your offer is pending, the IRS suspends other collection activity: no new levies against your wages or accounts while it is under review. The IRS may still file a Notice of Federal Tax Lien to protect its position, and the review period suspends the collection statute expiration date, with another 30 days added if the offer is rejected. After acceptance, you must stay compliant with filing and payment for five years, or the settled debt can come back.
The founder angle
Self-employed offers are harder than W-2 offers, and that is exactly where we work. Business income has to be documented and normalized, business assets get valued and argued over, and an operating business raises deposit-compliance questions a wage earner never faces. A founder whose company failed often has the strongest offer profile of all: the income that created the debt is gone, and RCP reflects what you earn now, not what you earned then. We build that case with documentation, because the examiner will not take it on faith.
Frequently asked questions
How much should I offer the IRS in an offer in compromise?
Your offer needs to be at or above your reasonable collection potential: the equity in your assets plus a multiple of your monthly disposable income under IRS expense standards. There is no percentage rule of thumb. Two people with the same debt can have correct offer amounts tens of thousands of dollars apart because their finances differ.
Does an offer in compromise stop IRS collections?
Yes, while the offer is pending the IRS suspends other collection activity, so no new wage or bank levies are issued during review. The IRS may still file a Notice of Federal Tax Lien, and the collection statute is paused while the offer is under consideration.
How long does an offer in compromise take?
The IRS does not publish a fixed timeline. Reviews commonly run several months, and complex or appealed offers can take a year or more. By law, an offer is automatically accepted if the IRS makes no determination within two years of receiving it.
What percentage of offers in compromise are accepted?
Acceptance depends on whether the offer meets the IRS formula, not on averages. Offers filed at or above reasonable collection potential by compliant taxpayers are routinely accepted. Offers filed below it are routinely rejected. That is why a qualification analysis should come before any filing.
Can I apply for an offer in compromise with unfiled tax returns?
No. The IRS requires all legally required returns to be filed before it will consider an offer, and it will return the application if you are not filing compliant. Catching up on returns is step one, and it sometimes lowers the balance you end up settling.
Article sources
Our editorial standards require primary sources: government publications, regulator data, company filings, and established industry research.
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