IRS Debt Relief: Understanding the Offer in Compromise (OIC) Program

While being in debt to any creditor is stressful, owing money to the IRS can be terrifying – and with good reason. Basically, the IRS is the country’s (and probably the world’s) largest and best-resourced collection agency. If you’re on their radar screen, you’re going to stay there until the matter is resolved.

Fortunately, you don’t have to spend sleepless nights and stressed-out days trying to find a way forward — because an Offer in Compromise (OIC) may be exactly what you need.

The OIC is an IRS program that allows you to settle your tax liability for less than you owe, provided that you can demonstrate financial hardship, and that your offer (which will be verified by financial disclosure) represents the most that you can feasibly pay. If the IRS believes that you can pay your debt in full through installments or other means, they won’t approve your OIC application.

While the OIC can be the financial lifeline that you’ve been searching for, it’s very important to keep in mind that upon acceptance you’ll be subject to a five-year probation period during which you must:

  • Comply with all IRS’s rules, which includes filing your tax returns on time and paying any taxes owed in full.
  • Pay any additional liabilities that the IRS assesses. For example, if through an OIC you are allowed to pay 70 percent of your tax liability for the 2015 tax year, and a subsequent IRS audit of your 2015 tax return results in an additional liability, this new amount will not be grandfathered into the OIC and must be paid promptly.

Failure to meet either of these provisions will result in the OIC being revoked. If this happens, the IRS will reduce your tax liability by the amount you paid, but will also add interest and penalties up the current date. This means you’ll be worse off than when you started.

It’s also important to know that if your OIC covers a joint tax debt (e.g. joint tax return for you and your spouse), and during the probationary period one of you fails to comply with the provisions, then only the non-compliant party will be in default of the OIC. The compliant party will not be subject to having the OIC revoked for their share of the tax liability.

To learn more about qualifying for or applying to the OIC program, visit the IRS’s website at https://www.irs.gov/individuals/offer-in-compromise-1. It’s also highly recommended that you consult with an experienced tax attorney before applying, so that you can ensure you have clear, accurate information on what’s ahead – and don’t make mistakes that could result in your application being rejected; or worse, trigger a chain of events that eventually turns into a costly and prolonged IRS audit.

The great deduction debate.

I came across a person the other day, who suggested that anyone who lists charitable gifts on their taxes is not donating out of the goodness of their heart, but for the selfish benefit of receiving a tax deduction. Upon hearing those words I had a facepalm moment…

7ae

I guess they have a point, the deduction benefits probably do encourage charitable giving. I mean when was the last time you gave more than $500 to a business or organization that didn’t qualify for a deduction?

If you’re like me the answer is almost never.

Sure I give $20 here and there to a homeless person, or I might give $100 to a friend for a missions trip, but I honestly don’t think I’ve ever just walked down to my local coffee shop and been like; “Hey you guys do awesome work and I want to support the business, here’s $500.”

So yes, I guess most of us probably do only give substantial financial gifts to charities that allow us to deduct that gift from our tax obligation, but ultimately I have to disagree with the sentiment.

I might be wrong, but I’d bet most people who make charitable contributions do so because they want to help someone or something out, not because they’ll get a deduction.

It just doesn’t make financial sense.

If I’m in the 25% tax bracket and I give $10,000 to charity over the course of the year, my maximum benefit for making that contribution would be $2,500. Why the heck would I give someone $10,000, so I can save $2,500? It clearly would be to my benefit to never make the contribution, write Uncle Sam a check for an extra $2,500, and keep the remaining $7,500.

And that is exactly the point I want to make today.

Why do people get so pumped on tax deductions like they are best thing ever? I mean people were telling me to keep my student loans because I could deduct some of the interest on the loan.

They literally were trying to convince me to keep paying $2,000 a year in interest to Sallie Mae, so I didn’t have to send the government $500.

I bet some of you with mortgages have probably had similar garbage preached to you, “Don’t pay off the mortgage, you’ll lose the deduction.”

Don’t get me wrong. I love me some deductions. If you are eligible, take ’em. Just don’t do something stupid and give Person A $5,000 so you can avoid giving Person B $1,000… Unless of course you have so much freakin’ money you like wasting it, then by all means waste to your heart’s content.

Have you been told to keep a debt around longer than you wanted because of the tax deduction? Do you regularly give significant financial gifts to non-qualified businesses or organizations? Have you ever given a gift, purely for the tax benefit?

How a phone call to the IRS saved me $2,000.

Last April, as tax season was ending, I decided to take advantage of a little thing called filing an extension. I’d never done it before, because my taxes had always been pretty straightforward. Last year, however, was when MANteresting went from hobby to holy-crap-this-thing-is-growing-too-fast. My business partner and I decided to make MANteresting a LLC, where we both held 50% stakes.

Whenever two people get added to any equation things get more complicated. Jesse had some receipts from MANteresting bills he paid. I had some receipts from bills I had paid. And we even had some revenue to report too. 

Since neither of us had operated a partnership before, we thought we would file personal tax extensions and deal with the LLC taxes this fall.

Apparently we are big idiots. Although we filed personal extensions, we didn’t know we also had to file a separate extension for MANteresting’s taxes.

Cue IRS Penalties. 

I got a fun little letter in the mail last week from our friends at the IRS letting me know that MANteresting was five months late on filing a tax return. We were charged $195/month, per partner, resulting  in a total financial obligation of $1,950 to be paid by October 30th. 

I felt sick.

Like I wanted to projectile vomit everywhere, pass out, and wake up from what I was hoping was a bad dream. Unfortunately, it was my reality. To make things worse, MANteresting wasn’t even profitable. So while we had a $0 tax obligation, we were being charged $1,950 for not reporting our $0 obligation to the IRS in April. Ugh! 

Fortunately, after a bit of internet research I stumbled upon first time penalty abatement. Apparently, the IRS is pretty cool about forgiving fees/penalties for first time offenders. I called some generic 1-800-IRS number and after being on hold for about 40 minutes, spoke to an IRS employee. She pulled up my account and explained why the IRS was charging the penalties.

All I said was “Yeah, I’m an idiot and this is the first time I’ve operated a business, I didn’t realize my personal extension didn’t also cover my business venture.” 

To which she literally replied; ” Oh, no problem sir. Give me a few minutes and I’ll have the penalties dropped.”

She put me on hold for about 5 minutes while she did her IRS thing, and then let me know I would be receiving a letter from the IRS indicating MANteresting was in good standing.

It really was that easy. So while taxes are probably my least favorite thing in the world, after Diet Coke, at least dealing with the IRS was surprisingly pleasant. Who woulda thunk it?

You ever dealt with the IRS before? 

I haven’t done my taxes yet.

[Insert really boring blog post about taxes here.]

Have you filed yours yet?

 

 

Dear IRS: I’m not paying you anymore.


Screw taxes. I’m over them. So over them, in fact, I decided I’m not paying the IRS another penny. Yeah, that’s right, not one freaking penny. I went in to my payroll solutions system a few weeks ago and jacked my exemptions up to 18, which means I am effectively paying no more federal income tax. That’s how I roll. 

“But Ninja, you work for the federal government, wont you get fired for not paying taxes?”

No. I won’t. 

….

Okay, time for me to stop pretending like I’m a hardened criminal. I’m not paying any more federal income tax because I’ve already paid enough in taxes to cover my projected tax obligation. 

That’s right, I’m off the hook with the IRS. A few times a year I use this handy-dandy IRS withholding calculator and compare what I’m paying in taxes to what I should owe in taxes. Seeing that the end of the year is less than 60 days away, I felt it was important I made sure no surprises were coming my direction.

I don’t know why, but for some reason Girl Ninja’s school only takes out like 4% of her gross pay for federal income tax. It’s really annoying because it should be more like 18%.  All year I’ve been overcompensating by paying an excessive amount of federal income tax on my salary to make sure we didn’t fall short and get hit with penalties. Turns out I was paying so much extra we were predicted to get a fat refund; to the tune of $2,500.

Important question to ask oneself: Why the heck would I wait until February-ish to get that money back, when I can change my deductions and start getting paid back now?

With the click of a few buttons, I claimed 18 exemptions (as suggested by the IRS calculator) and eliminated all of my federal income tax payments. That’s $900/month extra going to my bank account. Couldn’t have come at a more opportune time with Xmas right around the corner.

I personally have an issue giving the government more than required. I know they would never give me an interest free $3,000 loan, so I’m not about to give them one. Think about it like this, would any of you give me $250/month for the next 12 months if I gave it all back to you a year from now? Heck no you wouldn’t, so why do you do that for Uncle Sam?

Have you predicted your estimated tax obligation this year? Are you expecting to owe or be owed? How much? 

random fun fact: WA state does not have state income tax 😉

Shove it tax man.

I’ve been doing a bit of financial spring cleaning lately (yea, I know spring is far gone). I’m quite proud of myself honestly. We are in the process of rolling $4,000 of forgotten retirement funds in to a traditional IRA for Girl Ninja. My last post was an update on how we are doing in regards to our 2012 personal finance goals. So today, I thought we’d keep the ball rolling and check in with our friends enemies at the IRS.

If you’ve been around PDITF for a while you’ll recall last year when I did my mid-year IRS check I was shocked to find out that we were going to owe about $4,000 come tax time. 2011 was our first full year as a married couple and, while dual income is definitely sexier than David Beckham in a Calvin Klein underwear shoot, it does have one drawback….it puts us in a higher tax bracket.

At the beginning of this year, I made some adjustments to our withholdings hoping we would owe (and be owed) nothing this go around. Turns out, I must have overcompensated. Instead of owing a few thousand dollars like last year, we are actually set to get a refund check of about $1,500 come next tax season.

If you are thinking “That’s awesome!”, I have some unfortunate news for you…

You might be dumb.

Or at the very least, you don’t understand that a tax refund is really just the government giving you back your own money. Money that you loaned to them for free. Last time I checked, I’m not in the business of making interest free loans to anyone, so why the heck would I start now? You bet your lumpy bottom as soon as I saw we were scheduled to get a refund, I submitted a witholdings adjustment form to my employer. I’d way rather owe The Man $1,500, than be owed $1,500. It’s simple math.

You almost had me IRS….almost.

p.s. for those that are curios we are supposed to owe about $13,000 in federal income tax by years end…think about how many california burritos I could have gotten with that money 🙁

p.p.s. Here is the calculator the IRS provides to figure out how much you will owe.

Paying the tax man.

For the first time ever I/we finally owed the IRS money come tax time. I use to think getting a big return after efiling was awesome since it was like free money, but then I was reminded it was my money all along. I just loaned it to the government for free all year.Suddenly, a couple thousand dollar return was more depressing than cool. Last year we got back a tiny bit, couple hundred dollars I think. But this year, we finally turned the table and owed instead of being owed.

We wont share exact amounts, but we had already paid $13,000 in taxes and had more than a couple thousand dollars left to pay. I’d say I am deeply troubled by this obligation, but I anticipated this would happen back in May so we had money set aside just for this purpose.

Some people thought that since we owed more than $1,000, we would possibly face a penalty for underpayment. While that can happen, the penalty doesn’t apply to us since we had already paid more in 2011 than we did in 2010. Couldn’t imagine the pain that comes with owing thousand of dollars, and having to add on another couple hundred in penalties.

We dream of the things we could have done with the taxes we paid last year (like bought a brand new car), but at the end of the day we love America and we know it takes taxes to keep the system running, the roads paved, and the military doing military things. Taxes are a necessary, confusing, and very frustrating part of life. Not to mention they are terribly boring and in no way, shape, or form sexy.

Have you filed yet? Did you get a refund or did you owe? Fill in the blank, Taxes are ______.

Recent favorite nails: Hot dogtopus and this living room.