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Navigating through the complexities of tax resolution can feel like finding one's way through a labyrinth, especially when it comes to settling tax debts less than the full amount owed. This is where the IRS Form 656-B, also known as the Offer in Compromise booklet, plays a pivotal role. It serves as a beacon, guiding taxpayers through the process of proposing a settlement to the IRS that is less than the total outstanding balance. This comprehensive booklet not only contains the necessary forms but also provides detailed instructions that shed light on eligibility criteria, the submission process, and the calculation of an appropriate offer based on the taxpayer's financial situation. Key aspects covered in the booklet include an overview of the offer in compromise program, step-by-step guidance on filling out the form, explanations of required documentation, and insights into the IRS’s decision-making process. Understanding the 656-B form is crucial for anyone seeking relief from overwhelming tax debts, offering a glimmer of hope for a fresh start.

Preview - IRS 656-B Form

Form 656 Booklet

 

Offer in

 

Compromise

 

CONTENTS

 

■ What you need to know

1

■ Paying for your offer

3

■ How to apply

4

■ Completing the application package

5

■ Important information

6

Removable Forms - Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals; Form 433-B (OIC),

Collection Information Statement for Businesses; Form 656, Offer in

 

Compromise

7

■ Application Checklist

29

IRS contact information

If you want to see if you qualify for an offer in compromise before filling out the paperwork, you may use the Offer in Compromise Pre-Qualifier tool. The questionnaire format assists in gathering the information needed and provides instant feedback as to your eligibility based on the information you provided. The tool will also assist you in determining a preliminary offer amount for consideration of an acceptable offer but is no guarantee of offer acceptance. The Pre-Qualifier tool is located on our website at https://irs.treasury.gov/ oic_pre_qualifier/.

If you have questions regarding qualifications for an offer in compromise, please call our toll-free number at

800-829-1040. A video on how to complete an offer in compromise is available for viewing at our website at https://www.irsvideos.gov/Individual/PayingTaxes/CompletingForm656-OfferInCompromiseApplication. Forms and publications are available by calling 800-TAX-FORM (800-829-3676), by visiting your local IRS office, or at www.IRS.gov. For answers to frequently asked questions about the offer process from submission to closure see Offer in Compromise FAQs.

Taxpayer resources

The Taxpayer Advocate Service (TAS) is an independent organization within the Internal Revenue Service that helps taxpayers and protects taxpayer rights. TAS helps taxpayers whose problems with the IRS are causing financial difficulties, who've tried but haven't been able to resolve their problems with the IRS or believe an IRS system or procedure isn't working as it should. The service is free. Your local advocate's number is in your local directory and at taxpayeradvocate.irs.gov. You can also call us at 877-777-4778. For more information about TAS and your rights under the Taxpayer Bill of Rights, go to taxpayeradvocate.irs.gov. TAS is your voice at the IRS.

Low-Income Taxpayer Clinics (LITCs) are independent from the IRS. LITCs serve individuals whose income is below a certain level and who need to resolve a tax problem with the IRS. LITCs provide professional representation before the IRS or in court on audits, appeals, tax collection disputes, and other issues for free or for a small fee. For more information and to find a LITC near you, see the LITC page at www.taxpayeradvocate.irs.gov/litcmap or IRS Publication 4134, Low-Income Taxpayer Clinic List. This publication is also available by calling the IRS toll-free at 800-829-3676 or visiting your local IRS office.

WHAT YOU NEED TO KNOW

What is an Offer?

An Offer in Compromise (offer) is an agreement between you (the taxpayer) and

 

the IRS that settles a tax debt for less than the full amount owed. The offer

 

program provides eligible taxpayers with a path toward paying off their tax debt.

 

The ultimate goal is a compromise that suits the best interest of both the taxpayer

 

and the IRS. Generally, you must

make an appropriate offer based on what the

 

IRS considers your true ability to

pay.

 

Submitting an application does not ensure that the IRS will accept your offer.

 

It begins a process of evaluation and verification by the IRS, taking into

 

consideration any special circumstances that may affect your ability to pay.

 

This booklet will lead you through a series of steps to help you calculate an

 

appropriate offer based on your assets, income, expenses, and future earning

 

potential. The application requires you to describe your financial situation in detail,

 

so before you begin, make sure you have the necessary information and

 

documentation.

 

Are You Eligible?

Before your offer can be considered, you must (1) file all tax returns you are legally

 

required to file, (2) have received a bill for at least one tax debt included on your

 

offer, (3) make all required estimated tax payments for the current year, and (4)

 

make all required federal tax deposits for the current quarter if you are a business

 

owner with employees. The IRS will immediately return your offer without further

 

consideration if you have not filed all legally required tax returns.

 

Note: If it is determined you have not filed all tax returns you are legally

 

required to file, the IRS will apply any initial payment you sent with your offer

 

to your tax debt and return both your offer and application fee to you. You

 

cannot appeal this decision.

 

Bankruptcy, Open Audit or

If you or your business is currently in an open bankruptcy proceeding, you are not

Innocent Spouse Claim

eligible to apply for an offer. Any resolution of your outstanding tax debts generally

 

must take place within the context of your bankruptcy proceeding.

 

If you are not sure of your bankruptcy status, contact the Centralized Insolvency

 

Operation at 800-973-0424. Be prepared to provide your bankruptcy case number

 

and/or Taxpayer Identification Number.

 

Resolve any open audit or outstanding innocent spouse claim issues before

 

you submit an offer.

 

Can You Pay in Full?

Generally, the IRS will not accept an offer if you can pay your tax debt in full

 

through an installment agreement or equity in assets.

 

Note: Adjustments or exclusions, which may be considered during the offer

 

investigation, such as allowance of $1,000 to a bank balance or $3,450 against the

 

value of a car, are only applied if you are an individual and after it is determined

 

that you cannot pay your tax debt in full.

Your Future Tax Refunds

The IRS will keep any refund, including interest, for tax periods extending through

 

the calendar year that the IRS accepts the offer. For example, the IRS accepts

 

your offer in 2020 and you file your 2020 Form 1040 on April 15, 2021 showing a

 

refund; the IRS will apply your refund to your tax debt. The refund is not

 

considered as a payment toward your offer.

Doubt as to Liability

If you have a legitimate doubt that you owe part or all of the tax debt, complete and

 

submit a Form 656-L, Offer in Compromise (Doubt as to Liability). To request a

 

Form 656-L, visit www.IRS.gov or a local IRS office or call toll-free 800-TAX-

 

FORM (800-829-3676).

 

Note: Do not submit both an offer under Doubt as to Liability and an offer under Doubt as to Collectibility or Effective Tax Administration at the same time. You must resolve any doubt you owe part or all of the tax debt before submitting an offer based on your ability to pay.

1

Notice of Federal Tax Lien

A lien is a legal claim against all your current and future property. When you don’t

 

pay your first bill for taxes due, a lien is created by law and attaches to your

 

property. A Notice of Federal Tax Lien (NFTL) provides public notice to creditors.

 

The IRS files the NFTL to establish priority of the IRS claim versus the claims of

 

certain other creditors. The IRS may file a NFTL at any time. If the tax lien(s) has/

 

have not been released, the IRS may be entitled to any proceeds from the sale of

 

property subject to the lien(s). You may be entitled to file an appeal under the

 

Collection Appeals Program (CAP) before this occurs or request a Collection Due

 

Process hearing after this occurs.

 

Note: A Notice of Federal Tax Lien (NFTL) will not be filed on any individual shared

 

responsibility payment under the Affordable Care Act.

Trust Fund Taxes

If your business owes liabilities that include trust fund taxes, the IRS may hold

 

responsible individuals liable for the trust fund portion of the tax pursuant to

 

applicable law. Trust fund taxes are the money withheld from an employee's

 

wages, such as income tax, Social Security, and Medicare taxes. If the IRS enters

 

into a compromise with an employer for a portion of the trust fund tax liability, the

 

remainder of the trust fund taxes must be collected from the responsible parties.

 

You are not eligible for consideration of an offer unless the trust fund portion of the

 

tax is paid, or the IRS has made the Trust Fund Recovery Penalty determination(s)

 

on all potentially responsible individual(s). However, if you are submitting the offer

 

as a victim of payroll service provider fraud or failure, the trust fund recovery

 

penalty assessment discussed above is not required prior to submitting the offer.

Other Important Facts

Each and every taxpayer has a set of fundamental rights they should be aware of

 

when interacting with the IRS. Explore your rights and our obligations to protect

 

them. For more information on your rights as a taxpayer, go to http://www.irs.gov/

 

Taxpayer-Bill-of-Rights.

 

Penalties and interest will continue to accrue.

 

After you submit your offer, you must continue to timely file and pay all required tax

 

returns, estimated tax payments, and federal tax payments for yourself and any

 

business in which you have an interest. Failure to meet your filing and payment

 

responsibilities during consideration of your offer will result in the IRS returning

 

your offer. If the IRS accepts your offer, you must continue to stay current with all

 

tax filing and payment obligations through the fifth year after your offer is accepted

 

(including any extensions).

 

Note: If you have filed your tax returns but you have not received a bill for at

 

least one tax debt included on your offer, your offer and application fee may

 

be returned and any initial payment sent with your offer will be applied to

 

your tax debt. To prevent the return of your offer, include a complete copy of

 

any tax return filed within 12 weeks of this offer submission.

 

The IRS can't process your offer if the IRS referred your case, or cases, involving

 

all of the liabilities identified in the offer to the Department of Justice. In addition,

 

the IRS cannot compromise any tax liability arising from a restitution amount

 

ordered by a court or a tax debt reduced to judgment. Furthermore, the IRS will not

 

compromise any IRC § 965 tax liability for which an election was made under IRC

 

§ 965(i). You cannot appeal this decision.

 

Note: Any offer containing a liability for which payment is being deferred under IRC

 

§ 965(h)(1) can only be processed for investigation if an acceleration of payment

 

under section 965(h)(3) and the regulations thereunder has occurred and no

 

portion of the liability to be compromised resulted from entering into a transfer

 

agreement under section 965(h)(3).

 

The law requires the IRS to make certain information from accepted offers

 

available for public inspection and review. Find instructions to request a public

 

inspection file at www.IRS.gov keyword "OIC".

2

 

The IRS may levy your assets up to the time the IRS official signs and

 

acknowledges your offer as pending. In addition, the IRS may keep any proceeds

 

received from the levy. If your assets are levied after your offer is submitted and

 

pending evaluation, immediately contact the IRS employee whose name and

 

phone number are listed on the levy.

 

If you currently have an approved installment agreement, you will not be required

 

to make your installment agreement payments while your offer is being

 

considered. If your offer is not accepted and you have not incurred any additional

 

tax debt, the IRS will reinstate your installment agreement.

 

 

PAYING FOR YOUR OFFER

 

Application Fee

Offers require a $205 application fee.

 

Exception: If you are an individual and meet the Low-Income Certification

 

guidelines, there is no requirement to send any money with your offer. You

 

are considered an individual if you are seeking compromise of a liability for which

 

you are personally responsible, including any liability you incurred as a sole

 

proprietor.

Payment Options

You must select a payment option and include the initial payment with your offer.

 

The amount of the initial payment and subsequent payments will depend on the

 

total amount of your offer and which of the following payment options you choose:

 

Lump Sum Cash: This option requires 20% of the total offer amount to be paid

 

with the offer and the remaining balance paid in 5 or fewer payments within 5 or

 

fewer months of the date your offer is accepted.

 

Periodic Payment: This option requires you to make the first payment with the

 

offer and the remaining balance paid in monthly payments within 6 to 24 months,

 

in accordance with your proposed offer terms.

 

Note: Under the periodic payment option, you must continue to make

 

monthly payments while the IRS is evaluating your offer. If you fail to make

 

these payments at any time prior to receiving a final decision letter, the IRS will

 

return your offer. You cannot appeal this decision. Total payments must equal the

 

total offer amount.

 

Reminder: The initial payment and monthly payments are not required if you meet

 

the Low-Income Certification guidelines.

 

Generally, payments made on an offer will not be returned. You may make a

 

deposit, as described in Form 656, Section 5, which may be returned if the offer is

 

not accepted. If the IRS accepts your offer, your payments made during the offer

 

process, including any money designated as a deposit, will be applied to your offer

 

amount.

 

If you do not have sufficient cash to pay for your offer, you may need to consider

 

borrowing money from a bank, friends, and/or family. Other options may include

 

borrowing against or selling other assets.

 

If you are an individual, use the OIC Pre-Qualifier tool located on our website

 

at http://irs.treasury.gov/oic_pre_qualifier/ to assist in determining a starting

 

point for your offer amount.

 

Note: You may not pay your offer amount with an expected or current tax

 

refund, money already paid, funds attached by any collection action, or

 

anticipated benefits from a capital or net operating loss. If you are planning to

 

use your retirement savings from an IRA or 401k plan, you may have future tax

 

debt as a result. Contact the IRS or your tax advisor before taking this action.

3

HOW TO APPLY

Application Process

The application must include:

 

Form 656, Offer in Compromise

 

Completed and signed Form 433-A (OIC), Collection Information Statement for

 

Wage Earners and Self-Employed Individuals, if applicable

 

Completed and signed Form 433-B (OIC), Collection Information Statement for

 

Businesses, if applicable

 

$205 application fee, unless you meet Low-Income Certification Guidelines

 

Initial offer payment based on the payment option you choose, unless you

 

meet Low-Income Certification Guidelines

 

Note: Your offer(s) cannot be considered without the completed and signed

 

Form(s) 656, 433-A (OIC), 433-B (OIC) (if applicable), and supporting

 

documentation.

If You and Your Spouse Owe

If you and your spouse have joint tax debt(s) and you or your spouse are also

Joint and Separate Tax Debts

responsible for separate tax debt(s) (including Trust Fund Recovery Penalty), you

 

will each need to send in a separate Form 656. You will complete one Form 656

 

for yourself listing all your joint and any separate tax debts and your spouse will

 

complete one Form 656 listing all his or her joint tax debt(s) plus any separate tax

 

debt(s), for a total of two Forms 656.

 

If you and your spouse or ex-spouse have a joint tax debt and your spouse or ex-

 

spouse does not want to be part of the offer, you may submit a Form 656 to

 

compromise your responsibility for the joint tax debt.

 

Each Form 656 will require the $205 application fee and initial payment

 

unless you are an individual and meet the Low-Income Certification

 

guidelines.

If You Owe Individual and

If you have individual and business tax debt that you wish to compromise, you will

Business Tax Debt

need to send in two Forms 656. Complete one Form 656 for your individual tax

 

debts and one Form 656 for your business tax debts. Each Form 656 will require

 

the $205 application fee and initial payment.

 

Note: A business is defined as a corporation, partnership, or any business that is

 

operated as other than a sole-proprietorship. You may not compromise an

 

individual's share of a partnership debt. The partnership must submit its own offer

 

based on the partnership's and partners' ability to pay.

4

COMPLETING THE APPLICATION PACKAGE

Step 1 – Gather Your Information

Step 2 – Fill out Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals

To calculate an offer amount, you will need to gather information about your financial situation, including cash, investments, available credit, assets, income, and debt.

You will also need to gather information about your household's gross monthly income and average expenses. The entire household includes all those in addition to yourself who contribute money to pay expenses relating to the household such as, rent, utilities, insurance, groceries, etc. This is necessary for the IRS to accurately evaluate your offer. The IRS may also use this to determine your share of the total household income and expenses.

In general, the IRS will not consider expenses for tuition for private schools, college expenses, charitable contributions, and other unsecured debt payments as part of the expense calculation.

Fill out Form 433-A (OIC) if you are an individual wage earner, operate or operated as a sole proprietor, or are authorized to submit an offer on behalf of the estate of a deceased individual. If you are married but living separately from your spouse then you each must submit a Form 433-A (OIC). This will assist in the calculation of an appropriate offer amount based on your assets, income, expenses, and future earning potential. You will have the opportunity to provide a written explanation of any special circumstances that affect your financial situation.

Step 3 – Fill out Form 433-B (OIC), Collection Information Statement for Businesses

Fill out Form 433-B (OIC) if the business is a Corporation, Partnership, or LLC. This will assist in the calculation of an appropriate offer amount based on the business assets, income, expenses, and future earning potential. If the business has assets used to produce income (for example, a tow truck used in the business for towing vehicles), the business may be allowed to exclude equity in these assets.

Step 4 – Attach Required

You will need to attach supporting documentation with Form(s) 433-A (OIC) and

Documentation

433-B (OIC). See a list of the documents required at the end of each form. Include

 

copies of all required attachments. Do not send original documents.

Step 5 – Fill out Form 656, Offer in Compromise

Step 6 – Include Initial Payment and $205 Application Fee

Step 7 – Mail the Application Package

Fill out Form 656. The Form 656 identifies the tax years and type of tax you would like to compromise. It also identifies your offer amount and the payment terms.

Include a personal check, cashier's check, or money order for your initial payment based on the payment option you selected (20% of the offer amount for a lump sum cash offer or the first month's payment for a periodic payment offer). Generally, initial payments will not be returned but will be applied to your tax debt if your offer is not accepted.

Include a separate personal check, cashier's check, or money order for the application fee. Make both payments (in U.S. dollars) payable to the “United States Treasury”.

You may choose to make your initial offer payment and application fee through the Electronic Federal Tax Payment System (EFTPS).

Reminder: If you meet the Low-Income Certification guidelines DO NOT send any money.

Make a copy of your application package and keep it for your records.

Mail the completed application package to the appropriate IRS facility. See page 29, Application Checklist, for details.

Note: If you are working with an IRS employee, let him or her know you are sending or have sent an offer to compromise your tax debt(s).

5

IMPORTANT INFORMATION

After You Mail Your Application: We will contact you after we receive and review your offer application. Promptly reply to any requests for additional information within the time frame specified. Failure to reply timely will result in the return of your offer without appeal rights.

If the IRS accepts your offer, you must continue to timely file all required tax returns and timely pay all estimated tax payments and federal tax payments that become due in the future. If you fail to timely file and timely pay any tax obligations that become due within the five years after your offer acceptance (including any extensions) your offer may be defaulted. If the IRS defaults your offer, you will be liable for the original tax debt, less payments made, and all accrued interest and penalties. An offer does not stop the accrual of interest and penalties. Please note that if your final payment is more than the agreed amount, the IRS will not return the money but will apply it to your tax debt.

In addition, the IRS may default your offer if you fail to promptly pay any tax debts assessed after acceptance of your offer for any tax years prior to acceptance that were not included in your original offer.

6

Form 433-A (OIC)

(April 2021)

Department of the Treasury — Internal Revenue Service

Collection Information Statement for Wage Earners and

Self-Employed Individuals

Use this form if you are

An individual who owes income tax on a Form 1040, U.S. Individual Income Tax Return

An individual with a personal liability for Excise Tax

An individual responsible for a Trust Fund Recovery Penalty

An individual who is self-employed or has self-employment income. You are considered to be self-employed if you are in business for yourself, or carry on a trade or business.

An individual who is personally responsible for a partnership liability (only if the partnership is submitting an offer)

An individual who is submitting an offer on behalf of the estate of a deceased person

Note: Include attachments if additional space is needed to respond completely to any question. This form should only be used with the Form 656, Offer in Compromise.

Section 1

 

 

 

 

Personal and Household Information

 

 

 

 

 

Last name

 

First name

 

 

Date of birth (mm/dd/yyyy)

 

 

Social Security Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-

-

Marital status

 

Home physical address (street, city, state, ZIP code)

Do you

 

 

 

 

 

 

Unmarried

Married

 

 

 

 

 

 

 

 

Own your home

 

 

 

Rent

 

If married, date of marriage (mm/dd/yyyy)

 

 

 

 

 

 

 

 

Other (specify e.g., share rent, live with relative, etc.)

 

 

 

 

 

 

 

 

 

 

County of residence

 

Primary phone

 

 

Home mailing address (if different from above or post office box number)

 

 

 

 

(

)

-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Secondary phone

 

 

FAX number

 

 

 

 

 

 

 

 

 

 

(

)

-

 

(

)

-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provide information about your spouse.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Spouse's last name

 

Spouse's first name

 

Date of birth (mm/dd/yyyy)

 

 

Social Security Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-

-

Provide information for all other persons in the household or claimed as a dependent.

 

 

 

 

 

 

 

 

 

Name

 

 

 

Age

 

Relationship

 

Claimed as a dependent

Contributes to

 

 

 

 

 

 

 

on your Form 1040

 

household income

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2

 

 

 

Employment Information for Wage Earners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complete this section if you or your spouse are wage earners and receive a Form W-2. If you or your spouse have self-employment income (that is you file a Schedule C, E, F, etc.) instead of, or in addition to wage income, you must also complete Business Information in Sections 4, 5, and 6.

Your employer’s name

Pay period

Weekly

Bi-weekly

Employer’s address (street, city, state, ZIP code)

 

 

 

Monthly

Other

 

 

 

 

 

 

 

Do you have an ownership interest in this

If yes, check the business interest that applies

 

 

business

 

Partner

Sole proprietor

 

 

Yes

No

Officer (complete Form 433-B (OIC))

 

 

 

 

 

 

 

 

Your occupation

How long with this employer

 

 

 

 

 

 

 

(years)

(months)

 

 

 

 

 

 

 

 

Spouse’s employer's name

Pay period

Weekly

Bi-weekly

Employer’s address (street, city, state, ZIP code)

 

 

 

Monthly

Other

 

 

 

 

 

 

Does your spouse have an ownership

If yes, check the business interest that applies

 

 

interest in this business

Partner

Sole proprietor

 

 

Yes

No

Officer (complete Form 433-B (OIC))

 

 

 

 

 

 

 

 

Spouse's occupation

How long with this employer

 

 

 

 

 

 

 

(years)

(months)

 

 

 

 

 

 

 

 

Catalog Number 55896Q

 

www.irs.gov

 

 

Form 433-A (OIC) (Rev. 4-2021)

 

Page 2

Section 3

Personal Asset Information

 

 

Use the most current statement for each type of account, such as checking, savings, money market and online accounts, stored value cards (such as a payroll card from an employer), investment, retirement accounts (IRAs, Keogh, 401(k) plans, stocks, bonds, mutual funds, certificates of deposit) and virtual currency (such as Bitcoin, Ripple, Ethereum, etc.), life insurance policies that have a cash value, and safe deposit boxes. Asset value is subject to adjustment by IRS based on individual circumstances. Enter the total amount available for each of the following (if additional space is needed include attachments).

Round to the nearest dollar. Do not enter a negative number. If any line item is a negative number, enter "0".

Cash and Investments (domestic and foreign)

 

Cash

Checking

Savings

Money Market Account/CD

Online Account

Stored Value Card

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bank name

 

 

 

 

 

 

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1a)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Checking

 

Savings

Money Market Account/CD

Online Account

Stored Value Card

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bank name

 

 

 

 

 

 

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1b)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total of bank accounts from attachment

(1c)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Add lines (1a) through (1c) minus ($1,000) =

(1)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment account

 

 

Stocks

 

 

Bonds

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Financial Institution

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value

 

 

 

 

 

 

 

 

 

 

 

Minus loan balance

 

 

 

 

$

 

 

 

 

 

 

X .8 = $

 

 

 

 

 

 

– $

 

 

 

=

(2a)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment account

 

 

Stocks

 

 

Bonds

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Financial Institution

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value

 

 

 

 

 

 

 

 

 

 

 

Minus loan balance

 

 

 

 

$

 

 

 

 

 

 

X .8 = $

 

 

 

 

 

 

– $

 

 

 

=

(2b)

$

 

 

 

 

 

 

 

 

 

 

 

 

Virtual currency

 

 

Name of virtual currency

 

Email address used to

Location(s) of virtual

 

 

 

 

 

 

 

 

wallet, exchange or digital

set-up with the virtual

currency

 

 

 

Type of virtual currency

 

 

 

 

 

currency exchange (DCE)

currency exchange or DCE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value in U.S. dollars as of today

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

X .8 = $

 

 

 

 

 

 

 

 

 

 

 

=

(2c)

$

 

 

 

 

 

 

 

 

 

 

 

Total investment accounts from attachment. [current market value minus loan balance(s)]

(2d)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Add lines (2a) through (2d) =

(2) $

Retirement account

401K

IRA

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Financial Institution

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value

 

 

 

 

 

Minus loan balance

 

 

 

$

 

 

X .8 = $

 

 

 

– $

 

=

(3a)

$

 

 

 

 

 

Total of retirement accounts from attachment. [current market value X .8 minus loan balance(s)]

(3b)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

Add lines (3a) through (3b) =

(3) $

Note: Your reduction from current market value may be greater than 20% due to potential tax consequences/withdrawal penalties.

Cash value of Life Insurance Policies

 

 

 

 

 

 

 

 

 

 

 

 

Name of Insurance Company

Policy number

 

 

 

 

 

 

 

 

 

 

Current cash value

Minus loan balance

 

 

 

$

 

– $

 

=

(4a)

$

 

 

 

 

 

Total cash value of life insurance policies from attachment

Minus loan balance(s)

 

 

 

$

 

– $

 

=

(4b)

$

 

 

 

 

 

 

 

 

 

Add lines (4a) through (4b) =

(4)

$

 

 

 

 

Catalog Number 55896Q

www.irs.gov

 

Form 433-A (OIC) (Rev. 4-2021)

Form Data

Fact Description
Form Title Form 656-B, Offer in Compromise Booklet
Purpose Used by taxpayers to propose a lower amount to settle a tax debt with the IRS
Contents Includes forms, instructions, and other information needed to apply for an Offer in Compromise
Application Fee Requires a non-refundable application fee and initial payment for most taxpayers
Eligibility Criteria Taxpayers must meet certain criteria and provide financial information to qualify
Governing Laws Federal tax laws as articulated by the Internal Revenue Code

Instructions on Utilizing IRS 656-B

For individuals seeking a resolution to their outstanding tax debts, completing the IRS Form 656-B, Offer in Compromise, is a critical step. This form allows taxpayers to propose a lower amount to settle their tax liabilities. Navigating through the form requires attention to detail and a clear understanding of one's financial situation. Below, you'll find step-by-step instructions to accurately fill out the form. Following these steps will help ensure the process is completed properly, leading towards a feasible resolution of tax obligations.

  1. Begin by gathering all necessary financial documents, including income statements, bank statements, property information, and any other relevant financial details. This information will support the offer you plan to make.
  2. Read the instructions for Form 656 thoroughly. Understanding the qualifications and requirements for an Offer in Compromise (OIC) before proceeding ensures that this is the right option for your situation.
  3. In Section 1, provide your personal information, including your name, social security number (SSN), physical address, and contact information. If applicable, include your spouse's information as well.
  4. In Section 2, detail the tax periods and types of tax for which you are submitting an offer. Be precise to avoid any processing delays.
  5. Section 3 requires you to choose a payment option for your offer. Decide whether you will make a lump sum payment or periodic payments. Enter the total amount you are offering to pay and the terms of your payment proposal.
  6. Section 4 is about your finances. Fill out Form 433-A (OIC) for individuals or Form 433-B (OIC) for businesses to provide detailed financial information. This section is where your preparatory work gathering financial documents pays off.
  7. In Section 5, explain the reasons for your offer. This includes detailing any special circumstances that might affect your ability to pay the full tax liability. Document any evidence that supports your claim.
  8. Ensure all necessary signatures are on the form. If you are married and dealing with joint tax issues, both you and your spouse will need to sign.
  9. Review the checklist provided in the form instructions to make sure you haven’t missed any requirements, such as necessary attachments or documentations.
  10. Submit the form along with the application fee and initial payment (if applicable) to the IRS. Be sure to send it to the correct address, which varies depending on your location and the payment option you have chosen.

After submitting your form, be prepared for a waiting period. The IRS will review your offer, which may involve further requests for information. During this time, it's crucial to remain patient and responsive. Successfully navigating through this process can potentially lead to significant relief from your tax burdens, making it essential to approach each step with care and thoroughness.

Obtain Answers on IRS 656-B

  1. What is the IRS 656-B form?

    The IRS 656-B form is a document used to apply for an Offer in Compromise (OIC), which allows taxpayers to settle their tax debt for less than the full amount owed. The form includes instructions, the application for the OIC, and necessary forms to calculate the appropriate offer amount based on the taxpayer's financial situation.

  2. Who is eligible to submit the IRS 656-B form?

    Eligibility for submitting the IRS 656-B form requires that taxpayers have filed all required tax returns, made all estimated payments as required for the current year, and are not in bankruptcy proceedings. Additionally, businesses with employees must have made all required federal tax deposits for the current and past two quarters.

  3. What information do I need to provide in IRS 656-B form?

    When filling out the IRS 656-B form, taxpayers need to provide detailed information about their financial situation, including income, expenses, asset equity, and liabilities. This information helps the IRS determine the taxpayer's ability to pay and the appropriate offer amount for settlement.

  4. How do I calculate my offer amount using the IRS 656-B form?

    The IRS 656-B form includes worksheets and instructions for calculating the offer amount. Generally, this involves calculating your net realizable equity in assets and adding it to your future income minus certain allowable expenses, over a specified period. The resulting figure is the basis for your offer amount.

  5. Can I specify how my offer payment will be applied?

    Yes, taxpayers can specify how their offer payment should be applied to their tax debt on the IRS 656-B form. This can be particularly important for taxpayers with multiple tax debts or periods outstanding.

  6. What are the payment options for an Offer in Compromise?

    The IRS offers two payment options for an Offer in Compromise: Lump Sum Cash and Periodic Payment. Under the Lump Sum Cash option, taxpayers must pay 20% of the offer amount upfront and the balance in five or fewer payments within five months after the offer is accepted. The Periodic Payment option requires taxpayers to make the first payment with the application and continue to pay the remaining balance in monthly installments while the IRS evaluates the offer.

  7. What happens after I submit the IRS 656-B form?

    After submitting the IRS 656-B form, the IRS will review your application to determine if your offer is acceptable. This process may involve additional requests for information and a detailed review of your financial situation. If your offer is accepted, you will receive written confirmation and must meet the payment terms as agreed. If rejected, you have the option to appeal the decision within 30 days.

  8. Are there any fees associated with the IRS 656-B form?

    Yes, there is a non-refundable application fee for submitting the IRS 656-B form. Additionally, if you choose the Lump Sum Cash option, you must also pay a non-refundable payment of 20% of your offer amount with your application. There are exceptions to the application fee for low-income taxpayers and certain types of offers.

  9. Where can I find more information or assistance with the IRS 656-B form?

    For more information or assistance with filling out the IRS 656-B form, taxpayers can visit the official IRS website or consult with a tax professional. The IRS website offers detailed guides, frequently asked questions, and contact information for IRS offices.

Common mistakes

When filling out the IRS 656-B form, which is essential for those seeking an offer in compromise, applicants often encounter several common pitfalls. These mistakes can significantly impact the success of an application. Understanding and avoiding these errors is crucial for those looking to navigate the process effectively.

  1. Incorrect Financial Information: One of the most significant errors is providing incorrect or incomplete financial information. This form requires detailed financial data, and any inaccuracies can lead to the rejection of the offer.

  2. Not Including Required Documentation: Failing to include all the required supporting documentation with the Form 656-B is a common oversight. This documentation is critical for the IRS to assess your financial situation accurately.

  3. Misunderstanding Payment Options: Applicants often misunderstand the payment options available to them. The form outlines specific payment terms that must be adhered to, and selecting an inappropriate option can result in the offer being declined.

  4. Ignoring Tax Compliance Requirements: To be eligible for an offer in compromise, applicants must be in compliance with all filing and payment requirements. Missing this critical step can lead to immediate disqualification.

  5. Not Being Mindful of Deadlines: There are strict deadlines for submitting the IRS 656-B form and any accompanying payments. Failure to meet these deadlines can result in the offer being considered withdrawn.

  6. Attempting to Navigate the Process Alone: Given the complexity of the offer in compromise process, attempting to navigate it without professional guidance is a common mistake. This can lead to errors in form completion and strategic missteps in the negotiation process.

Each of these mistakes can delay or even derail an individual's attempt to settle their tax liabilities. It is always advisable to seek professional guidance when dealing with tax matters, especially when submitting an offer in compromise through the IRS 656-B form.

Documents used along the form

When individuals or businesses find themselves unable to pay the full amount of taxes owed to the Internal Revenue Service (IRS), Form 656-B, the Offer in Compromise booklet, can be a critical first step in resolving this issue. This form enables taxpayers to propose a lower amount for payment to settle their tax liabilities. However, the process often involves more than just this single form. To support and complete the Offer in Compromise process, several other forms and documents are frequently required. The completeness and accuracy of one's submission, bolstered by the necessary additional documentation, significantly impact the IRS's decision on the offer.

  • Form 433-A (OIC) - This form is for individuals and provides the IRS with detailed information about the applicant's financial situation. It helps the IRS assess the individual's ability to pay.
  • Form 433-B (OIC) - Used by businesses, this form serves a similar purpose as Form 433-A but is tailored to gather information about the business's finances.
  • Form 2848, Power of Attorney and Declaration of Representative - This document is necessary for taxpayers who choose to have a tax professional represent them in matters before the IRS, including the Offer in Compromise process.
  • Form 656 - Although part of the 656-B booklet, the Form 656 itself is a contract between the taxpayer and the IRS where the taxpayer makes an offer to pay a certain amount to settle all tax debts.
  • Form 4506, Request for Copy of Tax Return - This form allows taxpayers to request a copy of previous tax returns. These can be used to provide additional context or clarity on one's financial history when submitting an Offer in Compromise.
  • Form 8821, Tax Information Authorization - This provides authorization for a third party to request and inspect your IRS records. It can be beneficial for those working with tax preparers or attorneys on their Offer in Compromise.
  • Collection Information Statement - While not a form, a written statement providing details about one's income, expenses, asset equity, and liabilities is often required to supplement Forms 433-A (OIC) or 433-B (OIC).

Understanding and compiling these forms and documents correctly are vital steps in the Offer in Compromise process. Together, they provide the IRS with a comprehensive view of the taxpayer's financial situation, facilitating a fair evaluation of the offer. It's important for taxpayers to ensure they provide thorough and accurate information throughout these documents to increase their chances of reaching a favorable agreement with the IRS.

Similar forms

The Internal Revenue Service (IRS) Form 656-B is a document used in the Offer in Compromise program, allowing taxpayers to settle their tax debt for less than the full amount owed. Understanding documents similar to Form 656-B can help taxpayers and professionals navigate the nuanced landscape of tax resolution. Here are seven documents with comparable characteristics or purposes:

  • Form 433-A (OIC) — This form, "Collection Information Statement for Wage Earners and Self-Employed Individuals," accompanies Form 656-B in the Offer in Compromise process. Both are integral in providing the IRS with detailed financial information to assess the taxpayer's ability to pay.
  • Form 433-B (OIC) — Similar to Form 433-A but designed for businesses, "Collection Information Statement for Businesses" must also be submitted alongside Form 656-B by businesses seeking an offer in compromise. It collects extensive financial details about the business to facilitate the resolution of business tax debts.
  • Form 9465 — "Installment Agreement Request" is akin to Form 656-B as both offer remedial solutions for taxpayers unable to pay their full tax liability upfront. While Form 656-B seeks a compromise, Form 9465 aims to structure a payment plan, demonstrating the IRS's flexibility in resolving tax debts.
  • Form 843 — "Claim for Refund and Request for Abatement" shares similarities with Form 656-B in the aspect of appealing to the IRS for tax relief. This form is used to request a refund or ask for an abatement of certain taxes, penalties, fees, and interest, embodying the taxpayer's right to seek adjustments to their tax liabilities.
  • Form 8857 — This form, "Request for Innocent Spouse Relief," is used to request relief from tax liability due to a spouse or former spouse's actions. Though different in context, it is similar to Form 656-B in providing taxpayers a recourse for reducing or eliminating tax obligations under certain conditions.
  • Form 2848 — "Power of Attorney and Declaration of Representative" is essential for taxpayers who wish to have a tax professional represent them in submitting Form 656-B or negotiating with the IRS. It grants the representative the authority to act on the taxpayer's behalf, underscoring the collaborative efforts often necessary in tax resolution strategies.
  • Form 12277 — "Application for Withdrawal of Filed Form 668(Y), Notice of Federal Tax Lien," while not directly related to the compromise of tax debts, it is part of the broader spectrum of tax resolution documents. It's used to request the withdrawal of a tax lien, which could be a step following a successful offer in compromise, demonstrating the interconnectivity of tax resolution processes.

Together, these documents form a framework of options and procedures available to individuals and businesses facing tax challenges. Whether seeking to compromise a tax debt, enter into an installment agreement, or pursue other forms of tax relief, understanding this array of forms is crucial in effectively navigating the complexities of the IRS's resolution programs.

Dos and Don'ts

When tackling the IRS 656-B form for an Offer in Compromise, accuracy, completeness, and attention to detail are paramount. Below are essential dos and don'ts to help navigate the process effectively:

Do:

  1. Thoroughly review the entire form before filling it out to ensure a comprehensive understanding of all the requirements.

  2. Gather all necessary financial documents and information beforehand to fill out the form accurately.

  3. Use precise figures to report your income, expenses, and liabilities. Estimates should be avoided unless absolutely necessary, and if used, must be clearly identified as such.

  4. Include all required attachments, such as proof of income and expenses, to avoid delays in the review process.

  5. Consult with a tax professional or attorney if you have questions or uncertainties. Their expertise can be invaluable in complex situations.

  6. Double-check your form for any errors or omissions before submission. This will help ensure that your Offer in Compromise is processed without unnecessary delays.

Don't:

  1. Don't leave any sections blank. If a particular section does not apply, make sure to indicate this by writing "N/A" (for Not Applicable) rather than leaving it empty.

  2. Avoid rounding numbers. Provide exact amounts to demonstrate thoroughness and accuracy in your financial disclosure.

  3. Don't withhold information or provide misleading data. Full disclosure is necessary, and failing to be honest can result in your offer being rejected or subjected to legal penalties.

  4. Refrain from sending incomplete forms. All sections must be filled out, and all necessary documentation should be attached.

  5. Don't ignore IRS notices regarding your form. If you receive a request for additional information, respond promptly to avoid delays.

  6. Don't underestimate the importance of reviewing your form for errors. Simple mistakes can complicate or elongate the process unnecessarily.

Misconceptions

The IRS 656-B form, officially known as the Offer in Compromise booklet, is a crucial document for individuals seeking to negotiate a settlement with the IRS for less than the total amount of taxes owed. Despite its potential benefits, several misconceptions surround this form and the process it entails. Addressing these misunderstandings is important for anyone considering this path to resolving tax liabilities.

  • Misconception #1: Anyone can get their tax debt significantly reduced through the Offer in Compromise (OIC) program. Not everyone qualifies for an OIC. The IRS considers the taxpayer's ability to pay, income, expenses, and asset equity to determine eligibility. This program is designed for those who genuinely cannot fulfill their tax liability in full.

  • Misconception #2: The process is quick. Many people believe that once their form is submitted, the resolution will be swift. In reality, the process can be lengthy. After submitting Form 656-B, it can take the IRS a minimum of several months to make a decision. Patience and responsiveness to any IRS requests for additional information are key during this time.

  • Misconception #3: Filing an Offer in Compromise automatically stops all collection activities. This is not always the case. Filing an Offer in Compromise does temporarily halt most collection efforts, but if the IRS deems the offer as not processable or it is rejected, collections can resume. In some situations, filing a timely appeal may be necessary to stop collections.

  • Misconception #4: The 656-B form is all you need to submit. The form itself is part of a comprehensive booklet that includes detailed instructions and other forms such as the 433-A (OIC) for individuals or 433-B (OIC) for businesses. Submitting complete and accurate financial information on these forms is crucial for the IRS to assess an offer.

  • Misconception #5: You can offer any amount. The offer must be reasonable and in line with what the IRS considers your 'Reasonable Collection Potential' (RCP). RCP includes the value of your assets plus your anticipated future income minus certain living expenses. Offers significantly below this amount are unlikely to be accepted.

  • Misconception #6: Hiring a professional is unnecessary. While individuals can submit an Offer in Compromise on their own, navigating the process can be complex. Tax professionals or attorneys who specialize in tax resolution can provide valuable assistance in preparing an offer, increasing the likelihood of acceptance.

Clearing these misconceptions about the IRS Form 656-B and the Offer in Compromise process helps individuals make informed decisions about managing their tax obligations. Understanding the criteria and process can determine whether this is a viable option for resolving tax debt.

Key takeaways

The IRS Form 656-B, or Offer in Compromise booklet, is a critical document for taxpayers seeking to negotiate a settlement with the IRS to pay less than the full amount of taxes they owe. Here are key takeaways for filling out and using this form effectively:

  • The initial step involves ensuring eligibility. Before considering an Offer in Compromise, the IRS requires all tax filings to be current and all required estimated payments made for the current year.
  • Determination of the offer amount is critical. The form helps calculate the minimum offer amount that the IRS will accept, based on the taxpayer's income, expenses, and asset equity.
  • Payment options are flexible. Taxpayers can choose between a lump sum payment, which requires 20% of the offer amount upfront and the balance within five months, or a periodic payment, which stretches the payments over six to 24 months.
  • The application must include a $205 fee, which may be waived for qualifying individuals. This fee is non-refundable and accompanies the form submission unless the taxpayer meets low-income certification guidelines.
  • Documentation is essential. The form requires detailed financial information, including assets, liabilities, income, and expenses. Proper documentation supports the offer and can speed up the process.
  • Legal and tax implications should be reviewed. The Offer in Compromise might affect tax liabilities and legal standing. Consider consulting a tax professional or legal advisor to fully understand these implications.
  • Understanding the possible outcomes is important. The IRS may accept, reject, or return the offer. If rejected, the taxpayer has the right to appeal the decision.
  • Patient waiting is part of the process. The review of an Offer in Compromise can take several months, during which the IRS will halt other collection activities. However, the statutory period for collection will extend, giving the IRS more time to collect if the offer is rejected.

Successfully navigating the IRS Form 656-B process requires careful preparation, attention to detail, and sometimes professional guidance to increase the likelihood of an acceptable offer being negotiated.

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