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Offer in compromise from the practitioner’s side

Short answer

An offer in compromise settles a tax debt for less than the full amount when the IRS agrees the taxpayer cannot pay in full before the collection statute expires. The practitioner calculates reasonable collection potential from Form 433-A (OIC), submits Form 656 with the $205 fee and required payment, and keeps the client compliant during review.

By the BestTaxSoftware.com editorial team. Updated . Prices checked on vendor sites that day.

Who is a candidate?

  • All required returns are filed and current-year estimated payments are made
  • The taxpayer is not in an open bankruptcy
  • Reasonable collection potential (equity in assets plus future disposable income) is less than the balance

What does the practitioner prepare?

Offer package components
ItemPurpose
Form 656The offer itself, with the amount and payment option
Form 433-A (OIC) or 433-B (OIC)Financial disclosure used to calculate collection potential
$205 application feeWaived for low-income taxpayers who qualify
Initial paymentLump sum: 20% of the offer. Periodic: first monthly payment
Supporting documentsBank statements, pay records, asset values

What should you tell the client about timing?

Offers take months. The collection statute is suspended while the offer is pending, which can extend how long the IRS has to collect if the offer fails. Factor that into the strategy when a CSED is close.

Questions practitioners ask

Can I use the IRS Pre-Qualifier tool?
Yes. It gives a quick read on eligibility. It is not a substitute for a full 433-A (OIC) analysis.
What happens after an offer is accepted?
The taxpayer must stay compliant with filing and payment for five years, or the IRS can reinstate the original balance.

Sources

  1. Offer in compromise (IRS)
  2. Collection Financial Standards (IRS)
  3. IRM 5.1.19, Collection Statute Expiration (IRS)