Is fresh start the same as offer in compromise irs?

A fresh start with a transaction offer Summary A compromise offer (OIC) is a tax liability reduction opportunity that allows you to settle a liability with the IRS for less than the amount owed. An OIC is just one of the tax relief options found within the provisions of the IRS Fresh Start program. If you qualify, you are not required to make any payment of the application fee at the time of submission or during consideration of your offer. Local standards are the amounts allowed for housing, utilities and transportation.

Local standards are limited to the amounts you actually spend per month or the standard amounts, whichever is less. National and local standards are guidelines. If the IRS determines that the rules would not cover basic living expenses in a particular case, deviations are allowed. The IRS will calculate the correct amount of the offer.

If it's more than you offered and you don't have special circumstances, the IRS will give you the opportunity to increase your offer amount. If you don't, the offer will be rejected. If the IRS determines that you can pay the full liability, you can apply for an installment agreement. If you have an installment agreement, you don't have to make payments while your offer is being processed.

If your offer is not accepted and you have not incurred any additional tax debt, your installment agreement with the IRS will be reinstated at no additional charge. During the offering process, the IRS may file a Federal Tax Lien Notice (NFTL). This is a public notice to creditors that you have a tax debt. However, normally an NFTL will not be filed until a final decision has been made on your offer.

There is no requirement to release a lien that was paid prior to the submission of the offer. Your circumstances will be taken into account when deciding to release or maintain the fee while the offer is pending. We may be able to remove the tax if it was deposited in your account after the IRS received the date of receipt of the transaction offer. An investigation of your offer may not be completed while there is a pending claim or an open audit for any fiscal year in which you owe an obligation.

If you file a claim seeking compensation under the provisions on innocent spouses, have been notified that a fiscal year will be audited, or you currently have a fiscal year under audit, we recommend that you wait for the matter to be resolved before submitting an offer. If we are unable to complete the investigation of your offer due to a pending review or claim, the offer may be returned and the payments or application fees submitted will not be reimbursed. A form can be used if your company is a sole proprietorship linked to your SSN. If your company is not a sole proprietorship linked to your social security number, a separate offer is needed, with the application fee and payment of the offer.

If you don't qualify for low-income certification or haven't checked the low-income certification box, the offer will be returned to you. If you qualify for low-income certification and have checked the box, the money will be held as a deposit until a decision has been made on your offer. Checks that combine the application fees for several offers will not be accepted and offers will be returned. Each Form 656 must have separate checks attached.

Offer payments, which must be sent together with the offer, are not refundable. If you send MORE than the required amount AND designate the payment as a deposit on Form 656, “Transaction Offer,” any payment that exceeds the required amount will be refunded. The IRS will try to contact you to provide you with an opportunity to pay the missing amount. If you don't make the payment, the offer will be withdrawn and returned to you without the right to appeal.

All payments already received will apply to your tax obligations. The IRS will also keep the application fee. If a triggering event occurs and you successfully enter into a transfer agreement under section 965 (i) (), your net tax liability under section 965 (i) associated with the transfer agreement will not be assessed. If you do not enter into a transfer agreement under section 965 (i) (), you will be required to timely pay the activated net tax liability of section 965 (i), either in full or in accordance with the installment schedule, if you correctly make a choice in section 965 (h) with respect to the activated net section 965 (i).

tax liability or the offer will not comply. You must comply with the filing and payment of all tax returns for a period of five years from the date the commitment offer is accepted, including any possible extensions. If you don't pay the commitment offer on time and continue to comply with it for the five-year period from the acceptance of the commitment offer, including any possible extensions, your offer will become predetermined. The terms of the offer cannot be extended or changed once the offer has been accepted.

The refund that is withheld as part of the offer agreement applies to the total tax debt and is not considered a payment of the amount of the accepted offer. You must continue to file and pay all your taxes on time for the period indicated in the offer contract, including any collateral agreements signed as part of the accepted offer. Interest will be added to the amount of tax you owe until the offer is accepted. From the date the offer is accepted, no additional interest will be added to your tax debt or to the amount of the accepted offer.

If you try to apply for the IRS Fresh Start Initiative on your own, the IRS will try to get you to accept the terms that are most favorable to them. The Fresh Start provisions give more taxpayers the ability to use simplified installment agreements to catch up with back taxes and also more time to pay. Once again, the Fresh Start program helps you pay off your tax debt affordably, without the risk of going into debt. While an installment agreement is a valid form of Fresh Start tax relief, it's difficult to reach an agreement with the IRS for a reasonable monthly payment.

Currently, the non-collectible status allows the taxpayer to find the Fresh Start tax relief in peace, without the IRS pursuing it. Tax experts predict that the requirements of the IRS Fresh Start Program could remain flexible for a while longer, but the IRS is unlikely to continue to relax its stringent application requirements for an extended period of time. To meet the additional requirements for obtaining a tax relief through the Fresh Start Program, you must file all your missing or unfiled tax returns, your estimated tax payments must be current, and your current withholding must be correct. If you don't want to enroll online, you can always make a proposal for the IRS Fresh Start Program by filling out and submitting an IRS Form 9465 that is available on IRS gov.

Tax experts have a skillful understanding of the requirements of the IRS Fresh Start Program and will not be intimidated or misled by the IRS into coming to an optimal resolution. An IRS Fresh Start compromise offer, or OIC, is an agreement that allows taxpayers to resolve their tax debt for less than the full amount they owe. The severity of your financial difficulties determines what type of Fresh Start tax program is available to you. The IRS will not accept a request for tax relief through any of the Fresh Start Initiative programs without sufficient evidence.

You also need to promptly submit all future returns in order to enroll in the Fresh Start Program. To see if you qualify for the commitment offer program, contact Republic Tax for a free consultation on how to get started. Those applying for the IRS Fresh Start Program must follow the guidelines set by the IRS for all previous and existing tax returns. .


Stewart Schlageter
Stewart Schlageter

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