Offer In Compromise
What is an Offer in Compromise?
An Offer in Compromise (OIC) is a formal agreement between a taxpayer and the IRS that allows eligible individuals and businesses to resolve tax debt for less than the full amount owed, if qualifications are met.
The IRS approves an OIC only when it determines that the amount offered reflects the most it can reasonably expect to collect based on your financial situation.
If paying your tax debt in full would create a proven financial strain, or if your assets and income are insufficient to cover the balance, an OIC may be a viable path to resolution.
The IRS considers three legal grounds when reviewing an OIC:
- Doubt as to Collectability (Most Common): You do not have sufficient income or assets to fully pay your tax debt.
- Effective Tax Administration: You could technically pay the debt, but doing so would create financial hardship or would be unfair based on your circumstances. These cases are less common and require strong supporting documentation.
- Doubt as to Liability: There is a legitimate dispute about whether the tax debt is correct.
How Does the IRS Decide if You Qualify for an OIC?
The IRS evaluates your offer using a financial calculation called Reasonable Collection Potential (RCP). RCP represents the total amount the IRS believes it can collect through your available assets (equity) and your future income, after allowable living expenses. To be accepted, your offer must generally meet or exceed this calculated amount.
The IRS reviews three key areas:
Income
Expenses
Asset Equity
Important: The IRS does not allow all actual expenses. Many expenses are limited to standardized amounts under IRS Collection Financial Standards.
What Happens if Your Offer in Compromise is Accepted?
Once you complete all payments under the agreed terms:
- Your tax debt is considered fully resolved
- The IRS will not pursue the remaining balance
- You avoid continued collection activity tied to that liability
The final settlement amount reflects your financial capacity—not simply a negotiated discount.
Offer in Compromise Payment Options
You must choose a payment option when submitting your offer:
- Lump Sum Offer:
- Pay 20% upfront with your application
- Remaining balance paid in 5 or fewer payments
- Payments completed within 5 months of acceptance
- Periodic Payment Offer:
- Make the first payment when submitting
- Continue making monthly payments while the IRS reviews your offer
- Remaining balance paid within 24 months
Offer in Compromise Eligibility Requirements
Before the IRS will consider your offer, you must:
Requirements
- File all required tax returns
- Be current on estimated payments or withholding
- Not be in an active bankruptcy proceeding
Submit
- Form 656
- Financial disclosures (Form 433-A(OIC) or 433-B(OIC))
- Application fee and initial payment (fees may be waived for qualifying low-income taxpayers)
The IRS may return your application without review if it is incomplete or missing required items.
Before applying, you can use the IRS Offer in Compromise Pre-Qualifier Tool to estimate whether you may be eligible based on your financial information. While the tool does not guarantee acceptance, it can help you determine whether the Offer in Compromise IRS program may be an option before submitting forms and payments.
Video: Which is Better? OIC or Full Pay
What Happens if Your Offer in Compromise is Rejected (and How to Appeal)
Not every application is approved, but there are options available. If your IRS offer in compromise is not approved, you may have alternatives such as Installment Agreements, Partial Pay Installment Agreements (PPIAs), penalty abatement, or Currently Not Collectible (CNC) status. If your offer is rejected, you may be able to appeal within 30 days of the rejection letter date by filing Form 13711, Request for Appeal of Offer in Compromise, which is reviewed by the IRS Independent Office of Appeals. If you need experienced help, Optima Tax Relief can explain your options and guide you through the next steps based on your situation.
How Optima Tax Relief Can Help with an Offer in Compromise
Optima Tax Relief is a nationally recognized tax resolution firm with a team of tax attorneys, Enrolled Agents, and licensed tax professionals who specialize in IRS Offer in Compromise filings. With over a decade of experience helping taxpayers resolve IRS debt, Optima has assisted clients across the country in navigating the OIC process — from eligibility review and financial disclosure preparation to negotiation and final resolution.
The Offer in Compromise process requires precision. Our team will review your full financial picture, determine whether an OIC is the right resolution strategy for your situation, and guide you through every step of the application. We’ll help you avoid the errors and omissions that most commonly lead to IRS rejection. If an OIC isn’t the right fit, we’ll identify the best resolution option that is.
Frequently Asked Questions
Offer in Compromise Frequently Asked Questions
How long does the Offer in Compromise process take?
Can I apply for an Offer in Compromise if I have unfiled tax returns?
Do I have to stay compliant with the IRS after my Offer in Compromise is accepted?
What are the most common reasons the IRS closes or rejects an Offer in Compromise?
When is an Offer in Compromise better than Currently Not Collectible status?
Do I need a tax professional to apply for an Offer in Compromise?
How do I know if a tax relief company is legitimate?
Optima Tax Relief, LLC is a tax resolution firm independent from the IRS. This content is made available for informational and educational purposes only. Nothing included in the content should be taken as a guarantee, warranty, prediction, or representation about your specific situation. This content is not intended to be a substitute for professional advice and services. We encourage you to consult with a tax professional to discuss your specific tax matters. Individual results may vary. We do not provide tax, financial, bankruptcy, accounting, or legal advice and nothing contained in this content is intended nor shall be construed as such.
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