There are likely to be penalties or interest attached to taxes owed to the IRS if you have a tax debt. For things such as failure to file and failure to pay taxes, the IRS can penalize taxpayers. These penalties are added to your tax balance, can accrue more interest, and can increase your taxes owed. For qualified taxpayers, the IRS allows first-time abatement. Most taxpayers are unaware of the FTA penalty waiver and how it can help lower their tax balance.
The IRS has assessed penalties to individuals, businesses, and payrolls for failing to file, fail to pay, or failure to deposit. In the past, 70% of penalties were assessed to individuals, businesses, and payrolls. These penalties are usually assessed automatically regardless of the taxpayer's financial situation. They will continue to accumulate until they are paid in full. To be eligible for IRS penalty relief, you will need to comply with the waiver requirements if you have been assessed with penalties by the IRS.
How do I Qualify for an IRS Penalty Abatement
You must submit your tax returns and pay the IRS to qualify. You must meet the filing compliance requirements by having filed or extended all tax returns. If the IRS has not yet requested a tax return for a particular year, you must file it. You must have either paid or arranged for the payment of any tax to ensure that you are on track with your payments. If your payments are current, you can request penalty abatement and an open installment agreement. You must also have a clean record of penalty violations to be eligible. You cannot qualify for a penalty reduction if you have had penalties in the three preceding tax years.
How to request an IRS Penalty Absent
Two methods are common for asking for penalty relief.
- After the IRS has assessed a penalty, you can file a penalty reduction. This can be done by sending a penalty abatement email, calling the IRS, or consulting a tax professional.
- After the penalty has been paid, you can ask for a refund via Form 843 "Claim for Refund" and "Request for Abatement". The claim must be filed within three years from the due date or two years after the date the penalty was paid.
Supporting documents may be required if you are requesting a penalty reduction. You will need a copy of the death certificate if you claim that a loved one died before you can file your penalty abatement request. You will also need to have doctor's notes and any insurance claims relating to fire, theft, or natural disaster. You should send copies of the documentation to the IRS, not the original. You can request penalty relief verbally by contacting your local IRS office. You should know that the IRS may deny your request for penalty relief. This means you can't apply again.
Why are so few people granted an OIC?
First, most applicants may not qualify. First, not all applicants will be eligible. Second, they may have future income or equity that could pay their tax liability. This is generally 10 years after the tax was assessed. A taxpayer may be able to pay $20,000 of tax debt and have $50,000 in a retirement account. The IRS will not accept a solvent taxpayer unless there are exceptional circumstances.
It may also be prohibitively expensive to settle. The taxpayer might not be able to fund the OIC settlement.
Final Regulations were published on March 12, 2020. They increased the OIC user fees from $186 to $2005 for OIC applications received after 4/27/2020. Although a 10% increase may seem excessive, it is only a fraction of the cost of an OIC. The OIC user fee is usually not prohibitive for many. What amount is required to settle the tax bill is the real cost. This is known as the "offer amount", and it represents the amount that the IRS will accept to settle a tax invoice.
Taxpayers will not be eligible for an OIC if they have not filed all tax returns and paid all estimated taxes for the current fiscal year. Business owners who have employees must have made all federal tax deposits for their current quarter to be eligible. An OIC is not available to taxpayers who are in bankruptcy.
The true cost: The offer amount
Many people believe that the IRS negotiates with taxpayers about the amount it will take for the tax bill to be paid. Some people believe the IRS will take a small percentage of the tax bill or waive penalties or interest. These myths are false.
An OIC is granted to taxpayers who meet the requirements. The IRS will determine how much it can offer. An OIC's "offer amount" is the amount that the IRS can reasonably collect from the taxpayer before the statute expires. This is their "Reasonable Collection Potential". RCP is the IRS's accepted amount to settle tax liabilities. RCP equals the taxpayer's net realizable equity (NRE) and a portion of their future disposable income (usually 12 to 24 months depending on the OIC payment methods).
A visual representation of the OIC settlement amount
Let's take an example to show how offer amounts are calculated. Let's say that a taxpayer owes $50,000 in 2016. The IRS also has 100 months to collect.
NRE in assets, (only asset: the home): 10,000
A mortgage is required to purchase a home.
Fair market value: $150,000
Value of home at "quick sell value" (QSV of 80% = $120,000) (IRS rule that values assets at (QSV).
A loan of $110,000
NRE: $120,000 QSV (less $110,000 Loan) = $10,000
Future monthly disposable Income (MDI), $200 per month
Two earners with allowable IRS living expenses (subjects to IRS Collection Financial Standards limits on taxpayers):
Monthly average gross income of $6,000
The IRS Collection Financial Standards limit monthly average living expenses and expenses to generate income to $5,800. This includes categories like food, clothing, and misc. ; housing/utilities, transportation expenses, medical expenses, and other expenses such as taxes paid; term life insurance; child care costs; court-ordered payment, etc.
MDI: $6,000 (average monthly gross income) less $5,800 = $200 (average living expenses per month).
First, does the taxpayer meet the requirements for an OIC? The taxpayer is eligible for an OIC in this instance. The taxpayer has $20,000 in NRE and $200 MDI. These funds will not be paid to the IRS before the collection statute ends.
Here's how they can be qualified: The taxpayer's total "ability" to pay the IRS before it expires is equal to $10,000 (equity), plus the amount it could charge the taxpayer in monthly payment ($200 per month in MDI for 100months or $20,000) before the collection statute expires, or $30,000 total. The IRS will not collect any tax liability due in full before the expiration of the collection statute because the $30,000 is less than the $50,000 total amount owed. The IRS can write off $20,000 if $50,000 is owed less than $30,000 in the ability to pay.
Next is the offer amount. The taxpayer will not have to pay $30,000, but rather a calculation of the NRE and a future multiplier for MDI. The taxpayer can choose which payment option they prefer to determine the future multiplier for MDI. The offer amount can be paid in one of two ways. A lump-sum cash offer pays the offer in five or fewer installments, and a periodic payment option allows the taxpayer to pay in six or more monthly installments for 24 months. The future income multiplier will be 12 months if the taxpayer chooses to pay the IRS via the lump sum cash option. If the taxpayer uses a periodic payment offer, the future income multiplier will be 24 months.
The lump-sum cash offer is $12,000. This represents $10,000. The taxpayer can settle their tax bill of $50,000 if they can show the IRS that their NRE amount is $10,000 and that their MDI is $200 per month. TIP: The NRE and MDI calculations involve many complex rules that must be followed to accurately calculate OIC eligibility and the offer amount. If these calculations are missed, taxpayers may discover that they are not eligible or that they have a higher offer amount than they can pay in the future.
As illustrated in the example, the real cost is the "offer amount." Can a taxpayer pay $12,400 for their tax bill? Many people cannot, and therefore cannot, use the OIC program.
There are two upfront fees when you submit an OIC to IRS for acceptance. The $205 user fee is one and the partial payment of the offer amount is the other. The taxpayer must be able to pay some of the OIC unless they are a low-income taxpayer. Any upfront payment is non-refundable.
OIC Upfront Costs
The IRS will request that the taxpayer pay a portion of the OIC offer amount along with the $205 user fee. The IRS will ask for 20% of the offer amount if the taxpayer chooses a lump sum payment. This would mean that 20% of $12,400 ($2,480) would be required.
The IRS will require the taxpayer to pay monthly payments if they choose the periodic payment option. OICs typically take between 7-and 12 months. This means that taxpayers can send the IRS 7-12 months’ worth of payments while they are being reviewed. The payments can be substantial and the IRS may not accept them. In 2019, 1 of 3 OIC applications was approved.
OIC costs don't end here. If their OIC is accepted, taxpayers will lose their next tax refund. Tax professionals may charge fees. You can also add additional costs to the equation if there is an appeal ( 15% of OIC applications go directly to IRS appeals to resolve any disagreements).
The OIC is a costly and inefficient solution if the taxpayer isn't sure if their OIC will be approved with the amount they propose to offer.
Alternatives
Low-income taxpayers don't have to pay an OIC user fee, down payment, or have to make a substantial financial outlay for submitting an OIC. According to the IRS, low-income taxpayers are taxpayers who earn less than 250% of the poverty level for their household size and income. These income threshold amounts are provided by IRS Form 656 (the OIC Application). Low-income taxpayers must still be able to pay the amount within the agreed time frame after the OIC approval.
Other IRS collection options for taxpayers include Currently Not Collectible status (CNC), installment agreements, and a Partial Pay Installation Agreement (PPIA). The IRS will not accept taxpayers’ monthly disposable income if they are in CNC status. PPIA is a status where the taxpayer can pay the IRS monthly but cannot pay the entire tax bill before the collection statute ends.
PPIA and CNC can be more effective than OIC as these agreements don't always require the taxpayer to pay the IRS out of the equity in assets. In financial hardship, taxpayers will not be required to use equity (i.e. Equity in a home or savings is not available to taxpayers who are experiencing financial hardship. The bank won't give a taxpayer a home equity loan. PPIA and CNC are more realistic options for taxpayers.
Both of these agreements may be more beneficial financially if the taxpayer is eligible. Both CNC and PPIA are temporary agreements between the IRS. The IRS may request to renegotiate terms if the taxpayer's financial situation improves before the collection statute ends.
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