Information for IRS collection or offer in compromise
- Collection Options:
- extension up to 120 days to pay taxes in full
- currently not collectible (hardship) status – delay collection until financial condition improves
- installment payments
- bankruptcy
- expiration of Statute of limitations
- offer in compromise – settle for less than full payment
- See also: collection standards
- financial Information forms
- collection due process hearing right
- IRS Taxpayer Advocate Service (TAS)
- IRS Form 911 – Request for Taxpayer Advocate Service Assistance/ hardship relief
- Low Income Taxpayer Clinic (LITC)
- determining the correct tax
- audits / recordkeeping
- IRS correspondence audits
- notice of deficiency
- Tax Court
- what if you haven't filed returns
- trust fund recovery penalty
- what if you can't pay your taxes
- what if my spouse owes taxes but I don't
- can I really settle for pennies on the dollar ?
- innocent spouse relief
- injured spouse relief
- tax liens & levies
- subordination of lien
- can the IRS take my house
- abatement of penalties
- discharge of property from lien
- subordination of IRS lien, e.g., to refinancing
- bankruptcy doesn't remove a tax lien even after the tax is discharged
- trust fund recovery (responsible person) penalty
- private party (non-IRS) debt collectors
- tenancy by the entirety protections US v. Craft
links to forms are at the bottom of the page
You must be "current"
Before the IRS will work with you on your tax liability you must be "current", which means you must:
- file all returns due, even if you can not pay the tax;
- make current estimated income tax payments if required (e.g., if you will owe more than $1,000 on your income tax return when filed);
- make current employment tax deposits.
You must furnish financial information to the IRS before it will work with you on your delinquent tax liability. The information is a "road map" for the IRS to collect from you (garnish wages, levy bank accounts, and file tax liens), but the IRS must know what you can do towards paying your taxes for it to agree to an appropriate arrangement.
The initial version(s) you prepare of this form(s) is/are to discuss your tax situation with me and will NOT be furnished to the IRS yet. If in doubt, put the information on this form or an attachment. I cannot use information to your best advantage if I do not know about it. A final form(s) will be prepared to provide to the IRS.
Prepare the financial forms carefully
Double check to be sure ALL assets, liabilities, income and expenses are listed and accurate. Complete all items. If an item does not apply put "N/A" ("not applicable") to confirm you have not simply skipped the question. Attach additional pages as needed to list additional items or explain any unusual items or circumstances.
Attachments
Attach all items specified on the form as required Attachment checklist
You must fully disclose income and assets
You must fully disclose your financial condition in working with the IRS or adverse consequences may result (e.g., the IRS can cancel an accepted offer in compromise and reinstate the tax debt forgiven if full disclosure is not made). The IRS will also be difficult to work with if they find omitted items or that the form is carelessly prepared and do not belief you are being forthcoming in trying to settle your liability.
Forms
Your financial information provided must separated into "personal" (form 433-A or 433-F) and "business" (433-B).
Form 433-A, financial information statement for wage earners and self-employed
- Form 433-A http://www.irs.gov/pub/irs-pdf/f433a.pdf (IRS form in Adobe "pdf" format)
- f433aChecklist.doc ("text" version of attachment checklist)
- f433aChecklist.html ("text" version of attachment checklist in html format)
Form 433-F, shorter form of financial information statement sometimes requested by the IRS
- Form 433-F http://www.irs.gov/pub/irs-pdf/f433f.pdf (IRS form in Adobe "pdf" format)
Form 433-B, financial information statement for business
- From 433-B http://www.irs.gov/pub/irs-pdf/f433b.pdf (IRS form in Adobe "pdf" format)
- f433bChecklist.doc ("text" version of attachment checklist)
- f433bChecklist.html ("text" version of attachment checklist in html format)
Form 656 Offer in Compromise
- http://www.irs.gov/pub/irs-pdf/f656.pdf (IRS form in Adobe "pdf" format)
Form 2848 Power of Attorney
- http://www.irs.gov/pub/irs-pdf/f2848.pdf (IRS form in Adobe "pdf" format)
