Negotiating Payment of a Tax Debt
The IRS is fully aware of the fact that some people with large amounts of tax debt may not be able to pay it off in a reasonable amount of time. If the balances due exceed $10,000 they will allow a negotiation of the tax debt relief through something known as “Partial Payment”. This is not as simple as it sounds and asks the taxpayer to pay as much of the debt as possible.
Usually someone who does not qualify for an “Offer in Compromise” which is an extreme measure taken by a taxpayer and their tax professional will be offered the Partial Payment option. An Offer in Compromise is a single dollar amount that the individual offers to the IRS to settle their irs tax debt, which is then paid in a lump sum or in an installment plan. The IRS does not approve many Offer in Compromise applications (roughly around 15% are accepted) but instead asks for a Partial Payment arrangement instead.
The way it works only sounds complicated, but is in fact quite simple. It all begins with the taxpayer making sure they have every return properly filed and accounted for. They then sit down with their tax professional to determine what the total amount of their tax debt will actually be. This requires knowledge about tax laws and statutes of limitation, and can take into consideration any refunds the taxpayer can collect as well as any penalties and interest.
With this final figure, the taxpayer must then look at their income and expenses and figure out how much of their disposable income can realistically go to repaying the debt. With this figure they can fill out the proper documentation for the IRS. Currently anyone hoping to get a Partial Payment arrangement accepted will have to fill out a Form 433-A and the associated worksheet as well as Form 9465 which is the standard installment plan form.
Once the IRS has reviewed the information they have the right to accept or decline the offer. Usually this occurs in less than 30 days. If the terms are agreeable, the taxpayer enters into the payment plan and when the agreed upon term has been completed the remaining balance due is discharged.
For example, a taxpayer who owes $18,000 in back taxes submits the proper forms and offers to pay $9,000 of the debt over the next three years. If they file their tax returns on time, submit all refunds to the IRS and make all payments agreed to, the remaining balance of the tax bill is discharged at the end of three years.