Offers - How Much?
In determining an acceptable amount of an Offer in Compromise
based on doubt as to collectibility, the IRS will analyze the taxpayer's net worth
on a quick sale basis and combine the net worth with the taxpayer's future ability
to pay.
In determining the amount of an acceptable Offer in Compromise,
the IRS first makes a determination of the value of the taxpayer's assets on a discounted
basis. Once a determination is made of the taxpayer's net worth on a quick sale
basis, IRS then determines the taxpayer's ability to make future payments. In determining
the amount of an acceptable Offer in Compromise, a cash value is assigned to that
future ability to pay and that value is aggregated with thevalue of the taxpayer's
assets to determine a value of an acceptable Offer in Compromise The aggregate number
becomes the minimum amount which the taxpayer may pay in an Offer in Compromise
to settle his tax liabilities.
Unless you have a special hardship case that warrants a lower
Offer in Compromise amount, or can prove that you do not actually owe the tax bill,
the IRS will generally apply the following principles in evaluating Offers in Compromise:
In determining the amount that the IRS could collect from you, the IRS looks at
the Reasonable Collection Potential to arrive at a minimum Offer in Compromise.
In determining the Reasonable Collection Potential, the IRS looks atthe following
two factors: Your Realizable Value of your assets and your Future Income.
Realizable Value of Your Asset
In determining the amount of an acceptable Offer in Compromise,
the Realizable Value of your assets equals the net equity you have in all of your
assets. The starting point for consideration of any Offer in Compromise will be
based on the value of the taxpayer's assets, less any encumbrances, which have priority
over the Federal Tax Lien. In determining the amount of an acceptable Offer in Compromise,
the liquidating or quick sale value of assets will be used.
Future Income
In determining an acceptable Offer in Compromise amount, the
IRS also takes into consideration the amount that can be collected from the taxpayer's
future income.
In evaluating those future income prospects, the taxpayer's education,
profession or trade, age and experience, health, and past and present income will
be considered by the Offer in Compromise specialist. In evaluating future income
potential an evaluation will be made of the likelihood that any increase in real
income will be available to pay the delinquent taxes.
IRS generally determines the amount it could collect from your
future income by subtracting necessary monthly living expenses from your monthly
income over a set number of months. Generally the IRS will multiply your disposable
monthly income by either 48 or 60 months to determine your future income.
Reasonable Collection Potential
A minimum acceptable offer is generally calculated by adding
you realizable value of your assets plus your future income.
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