Oglesby Tax Resolution helps resolve IRS problems. Our podcast provides basic information for taxpayers with tax problems--from back taxes and unfiled returns to forensic reconstruction and Offers in Compromise. We are here to help.
Hey guys, this is Tim Oglesby.
Today we are going to take a deep dive into the offer and compromise, myths versus reality.
Imagine that you're sitting at home listening to your radio when suddenly you hear a voice promising you that the IRS has a secret, "Fresh start." You can settle your six figure debt for the price of a used mountain bike. It sounds like a dream. if you're sitting at your kitchen table with a stack of IRS notices and a pit in your stomach, you might be wondering is any of this actually real?
This is the point in the episode where I want to introduce you to someone. His name is David. Well, that's not his real name. I have changed identifying details to protect his privacy. But the substance of his story is true, and I'm sharing it with his permission.
David owned a small landscaping business that hit a wall when he suffered a back injury. While he was recovering, the payroll taxes went unpaid. The mail piled up. Before we knew it, he owed the IRS $85,000. He heard those commercials and thought he could just send the IRS a check for $500 and call it even. He thought the offer and compromise was a grand bargain or a negotiation at a flea market. Now David was half right. The program is real, but the way it works is far more clinical and far more hopeful than the myths suggest.
Myth number one.
The IRS settles to be nice. The most common myth is that the IRS accepts an offer in compromise, commonly called an OIC, because they feel bad for your situation. Well, in reality, the IRS is a cold calculating machine. They don't settle because they like you. They settle because of a formula called the reasonable collection potential or RCP. The IRS looks at your assets, what you own, and your future income, what you earn, and subtracts your basic living expenses. If that math shows them they literally cannot collect the full debt,
Before the 10 year legal deadline expires, hey, they'll take whatever they can get now. They accept an offer because it is a smart business decision for the government, not an act of charity.
Myth two:
Everyone qualifies for the fresh start. Well, you've heard the term fresh start program a thousand times, but the reality is that the program officially ended in twenty twelve. While the IRS still uses the flexible rules created back then, there is no special membership you can join. To even get the IRS to look at your application, you This means every single missing return from the last six years must be filed and you must be making your tax payments up to date for the current year. The IRS will not negotiate with someone who is still potentially digging a deeper hole for themselves.
Back to David. When we sat down with him, we stopped looking at the $85,000 number and started looking at his reasonable collection potential. We looked at his equity, his older truck, and the fact that his injury limited his future earning power. We calculated his allowable housing and transportation expenses based on IRS standards.
The reality wasn't the pennies on the dollar the radio promised, but it was a path to freedom. We submitted an offer for $12,000, the actual amount the math proved he could afford. After months of back and forth and providing receipts for every single expense, the IRS accepted it. David did not get a special deal. He got a deal based on the law.
If you are considering an offer and compromise, you need to prepare for a financial colonoscopy. The IRS will want three to six months of bank statements, utility bills, pay stubs, and proof of every insurance payment. It is a long, invasive, and often frustrating process. It can take twelve to six months just to get an answer; however, the light at the end of the tunnel is real. Successfully completing an OIC does not just wipe away the debt, it releases the federal tax liens that have been strangling your credit score. It allows you to breathe again.
Don't fall for the myths of the secret programs or the magic “get out of jail free” cards. The offer in compromise is a difficult, evidence-based legal process. It requires a professional who knows how to navigate the IRS's internal manuals and how to argue for the inclusion of expenses in that the IRS might try to ignore. If an OIC is not the right fit, that doesn't mean there's no solution. There's currently not a collectible status where the IRS suspends collections. There are installment agreements. There's penalty abatement. There are options. If you're tired of the fear and ready for the reality of tax resolution, I invite
you to reach out to my firm for a confidential consultation.
Let's look at your situation together and see if a real path to freedom is waiting for you. You can reach me directly at 480.482.9203.
Thank you for listening.