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Offer Amount
All offer
amounts - doubt as to liability, doubt
as to collectibility, or effective tax
administration - must exceed $0.00.
Enter the offer amount on Item 7 of Form
656.
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Doubt as to Liability
- Complete Item 9, Explanation
of Circumstances, on Form 656,
explaining why, in the
taxpayer's judgment, he/she
doesn't owe the tax
liability he/she wants to
compromise. Offer the correct
tax, penalty, and interest owed
based on his/her judgment.
.
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Doubt as to
Collectibility -
Complete Form 433-A, Collection
Information Statement for Wage
Earners and Self-Employed
Individuals, or Form 433-B,
Collection Information Statement
for Businesses, as appropriate,
and attach to the Form 656. If
a wage earner or self-employed
individual, figure the offer
amount by completing the
worksheet on pages 10 - 11 of
Form 656.
Taxpayers must offer an amount
greater than or equal to the
reasonable
collection potential (RCP). The RCP
equals the net equity of the
taxpayer's assets, plus the amount
the IRS could collect from future
income. Please see Form 656, page 8,
Terms and Definitions, for more
detailed definitions of these and
other terms.
If
special circumstances cause a
taxpayer to offer an amount less
than the RCP, the taxpayer must also
complete Form 656, Item 9,
Explanation of Circumstances,
explaining the situation. Special
circumstances may include factors
such as advanced age, serious
illness from which recovery is
unlikely, or unusual circumstances
that impact the ability to pay the
total RCP and continue to provide
for the necessary expenses for the
taxpayer and his/her family.
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Doubt as to Collectibility with
Special Circumstances
If
special circumstances cause
taxpayers to offer an amount less
than the
reasonable collection potential (RCP),
they must also complete Item 9,
"Explanation of Circumstances," on
OIC Form 656, explaining their
situation.
Special circumstances may include
factors such as advanced age,
serious
illness from which recovery is
unlikely, or unusual circumstances
that impact the ability to pay the
total RCP and continue to provide
for the necessary expenses for the
taxpayer and his/her family.
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Effective Tax Administration
- Complete Collection Information
Statements, Forms 433-A or 433-B, as
appropriate, and attach to Form 656.
Complete Item 9, Explanation of
Circumstances, on Form 656,
explaining the exceptional
circumstances and why requiring
payment of the tax liability in full
would either create an economic
hardship or would be unfair and
inequitable.
Effective Tax Administration
There is
no doubt the tax is correct, and no
doubt the amount owed could
be collected, but an exceptional
circumstance exists that allows the IRS
to
consider the taxpayer's OIC.
To be
eligible for compromise on this basis,
the taxpayer must demonstrate
that collection of the tax would create
an economic hardship or would be
unfair and inequitable.
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