- Doubt as to Collectibility - This is when the IRS believes that it is highly unlikely that the entire amount of tax liability will ever be repaid within the Statute of Limitations. The struggling taxpayer has the ability to pay "something." The amount negotiated does not have to be paid in a lump sum. A struggling taxpayer can pay the IRS back in monthly installments.
- Doubt as to Liability - Approval for an IRS settlement under Doubt as to Liability is rarely granted. A taxpayer has to prove that the IRS made a mistake or error. Good luck with that one.
- Effective Tax Administration - When a taxpayer admits that the tax debt is valid and also has the assets to pay the delinquent tax debt, the IRS may accept a settlement from the taxpayer based on a "hardship." More than likely the only taxpayer that will have this form of "tax forgiveness" granted would be an elderly couple with limited income but have a home that has some equity. Once again, good luck with this one.
- The taxpayer's tax returns must be filed on time (April 15th) for a period of 5 years. You will be on "IRS tax probation." Failure to file your tax returns will result in reinstatement of the original tax debt plus additional penalties and interest.
- A taxpayer must pay any taxes due at the time of filing. Failure to do so will result in reinstatement of the original tax debt plus penalties and interest.
- The agreed upon monthly payments for the accepted Offer in Compromise must be paid timely. Once again, failure to do so will result in reinstatement of the original back tax debt plus additional penalties and interest.
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