YOU'RE DEEPLY in debt to the IRS when you hear a radio ad promising to settle the bill for a fraction of what you owe.
There will be a team of tax experts, some of whom used to work for the IRS, to help you negotiate with the agency, the ad claims. Call for a free consultation.
So you make the call and your heart is thumping with the anticipation that you'll be rescued from most of your tax obligation.
But the "rescue" could cost you thousands of dollars.
What the ad pitch doesn't tell you is that the claim hinges on your being approved for the IRS' Offer in Compromise program, or OIC, in which the agency agrees to accept less than your full tax payment under certain circumstances. And you better believe the certain circumstances have to be dire.
The IRS says that absent special circumstances, an offer will not be accepted if the tax agency believes your debt can be paid in full as a lump sum or through a payment agreement.
Last fiscal year, the agency received 74,000 requests for OICs and accepted 31,000, or about 42 percent. The previous year, only 38 percent were accepted.
The fact is most taxpayers don't get their tax debts settled for pennies on the dollar as touted in the ads, and in many cases the companies don't even follow through and send the necessary paperwork to the IRS requesting participation in the OIC program, the Federal Trade Commission warns in a consumer alert about tax-relief companies.
Moral of the story: Beware promises of instant tax relief.
Second moral: You can apply for relief yourself.
So, to pursue an OIC on your own, use the IRS' prequalifier tool at irs.gov to find out whether you're eligible. An OIC requires a nonrefundable $186 application fee, unless you meet the low-income qualification. It's important to note that your OIC won't be accepted if you aren't current with filing your returns. You also aren't eligible if you have an open bankruptcy case.
You should also keep in mind that the IRS will try to see if you are qualified for other payment programs.
The agency has expanded and improved its help for struggling taxpayers. If you owe $50,000 or less in combined tax, penalties and interest, you can set up a payment agreement and pay off your debt within six years without having to submit a financial statement, and it can even be done online. You have to specify how much you can pay and the day of the month you'll be able to make the payments.
An installment agreement requires a onetime $120 setup fee. If you choose to pay through a direct debit from your bank account, the setup fee is reduced to $52. If you are a low-income taxpayer, you can apply for a setup fee of $43.
With the online payment agreement, no paperwork is required and you don't have to call or visit an IRS office. But if you find the online process intimidating or confusing, call the IRS at 800-829-1040 to discuss your situation.