Owe the IRS

I owe the IRS $1,119.12 that I cannot afford. What, if any, options do I have?

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Bill's Answer: Bills.com Resident Expert

Do not despair, you are not alone. Many Americans owe back taxes, or cannot afford to pay their IRS debts. If you need help with your IRS debt, it is important to understand you have options for resolving your IRS tax debt.

Before I discuss the strategies, I want you to know you can get no-cost, on-line quotes from pre-screened service providers who offer IRS debt resolution.

Five strategies for resolving IRS tax debt

The Internal Revenue Service offers several collection and payment alternatives for taxpayers who cannot pay the taxes they immediately. The hyperlinks immediately below connect to more information at the IRS about each program.

1. Offer in Compromise: a program where you can settle your tax debts for less than what you owe. Requires making a lump sum or short term payment plan to pay off the IRS at a reduced dollar amount. (See also "Topic 204 - Offers In Compromise.")

2. Installment agreement: a monthly payment plan for paying off the IRS. (See also "Topic 202 - Tax Payment Options.")

3. Partial payment installment agreement: a somewhat new debt management program where you have a long term payment plan to pay off the IRS at a reduced dollar amount. (See also "Partial Payment Installment Agreements and the Collection Statute Expiration Date.")

4. Currently not collectible: a program where the IRS voluntarily agrees not to collect on the tax debt for a year or so. (See also "Topic 201 - The Collection Process.")

5. Filing bankruptcy: discharge your tax debts under the strict rules of a Chapter 7 or 13 bankruptcy petition. (See also "Publication 908 - Main Content.")

Options compared

For taxpayers who cannot afford to pay off the entire debt through an installment agreement, the offer in compromise may be the best form of tax debt relief. The offer in compromise program is designed to help taxpayers who owe more than they can afford to pay. In some cases, the IRS will accept a reduced settlement that is based on the taxpayer's ability to pay off the debt. The reduced amount is a function of assets, income, and expenses.

Many people who find themselves in debt to the IRS might focus the Offer in Compromise ("OIC"). For those who qualify it can be the optimal solution, however, it is important to note that not everyone qualifies for the OIC solution.

Only about 15% of applicants succeed in reducing their debts through the OIC program. For this reason and because of the complexity of filing an OIC many people enlist the services of a tax professional who has a track record of success negotiating with the IRS. This Tax Professional will not only be able to determine if you are eligible to reduce your IRS debts via an OIC but they will also assist you in navigating the complicated IRS bureaucracy to achieve the desired outcome.

An OIC is a lengthy and time-consuming process. It takes most individuals anywhere from 12 months to 24 months to achieve a successful resolution on your offer application. Through an OIC, taxpayers agree to pay the IRS only the reasonable collection potential instead of the full amount of taxes owed. For some people the "reasonable collection potential" will be less than the full amount of taxes owed -- sometimes as little as 10%.

If a taxpayer does not qualify for an offer in compromise and cannot afford to pay an Installment Agreement, Currently not Collectible (CNC) status may be an option. If a client is placed in CNC status, the statute of limitations continues to run and the IRS will not pursue collection actions. However, if a taxpayer’s financial status improves, the IRS can remove the file from CNC status and return to active collection status.

The reasons for attempting a CNC status include:

1. Taxpayer has income below allowable expenses and there is no indication that the financial situation will improve in the future;

2. Due to high equity, the taxpayer does not qualify for an OIC and has more allowable expenses than income so an Installment Agreement is not an option; and,

3. Taxpayer has more allowable expenses than income and the statute of limitations is getting close to expiring.

IRS and collections

The IRS has 10 years to collect outstanding tax liabilities. This is measured from the day a tax liability has been finalized. A tax liability can be finalized in a number of ways. It could be a balance due on a tax return, an assessment from an audit, or a proposed assessment that has become final.

From that day, the IRS has 10 years to collect the full amount, plus any penalties and interest. If the IRS does not collect the full amount in the 10-year period, then the remaining balance on the account disappears forever.

If you disagree with the amount of tax you owe

The IRS offers several means for taxpayers to dispute the amount of tax owed. See Publications and Forms About Your Appeal Rights to get started. The IRS also offers regional Taxpayer Assistance Centers for local, in-person assistance.

Summary

If this seems overwhelming -- and I admit I provided a lot of information -- it cannot hurt to get no-cost, on-line quotes from pre-screened service providers who offer IRS debt resolution and will explain your options in detail, handle the negotiations and complete the IRS documentation for you.

I hope the information I have provided helps you Find. Learn. Save.

Best,

Bill

www.bills.com/

Comments (2)


Jax S.
Romeoville, IL  |  October 04, 2011
Hi Mr. Bill, We just received a letter from IRS stating that we owe them $7,200. Their under cancelllation of debt. Their all from Sallie Mae. Their stating that we did not file 1099c. How can we file that form if we did not received any 1099-c form. year is 2009. What can we do about it. This is not our fault. The last time we got audited it was our accountant's fault for not filling our 2008 sallie mae. We have the form its just that he did not file it. and we end up paying for his mistakes. But, this time its neither of us fault. Its Sallie Mae, their the one who did not do their part. This is really frustrating, we file everything that needs to be filed and suddenly we received a letter saying we owe IRS again! Please Mr. Bill, help us..what can we do about that..and deadline is october 16 2011. thank you! jax
Bills.com
October 05, 2011
Unfortunately, you're in a tough position. The IRS has a process that allows a taxpayer, who meets a specific IRS definition of financial hardship, to avoid declaring the forgiven debt listed on the 1099-C as income, therby not having to pay taxes on it. The taxpayer has to use the IRS Form 982. However, the Form 982 can only be used in the year that taxes were due. In your case, if the debt was forgiven in 2009, the Form 982 could only be used up until October, 2010. After that, even if you had not received a copy of the 1099-C, you can't use the form.

It is not fair, I agree, but we are talking about the IRS. Essentially, if a person has debt forgiven, he or she needs to file the Form 982, if eligible, or declare the income, to avoid the IRS making the assessment years later and tacking on penalties. It is similar to if a person earns income and does not receive a 1099 or W-2. The person still needs to file a return that includes the income and note that no proper tax information was received from the employer. The bottom line is that the IRS holds taxpayers responsible to report forgiven debt, regardless of whether they received a 1099-C.

I know of no way to avoid paying the assessed taxes, unless you qualify for an Offer in Compromise or can prove to the IRS that you should be classified as Currently Not Collectible. You may need to set up a payment plan. Give the Office of the Taxpayers Advocate a call, at 877-777-4778, to see if they have other information. If they do, please report back.
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