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Offer in compromise

The program people have heard of, and the one most often misunderstood. Here is how an offer in compromise really works.

Summary

An offer in compromise (OIC) lets you settle your IRS tax debt for less than the full amount when paying in full would create hardship or the IRS could not realistically collect it.

It is real, but it is not for everyone. The IRS accepts an offer only when it reflects your genuine ability to pay, calculated from your income, expenses, and assets. A well-prepared offer has a far better chance than a hopeful number.

How does an offer in compromise work?

An offer in compromise is a formal proposal to the IRS to settle a tax debt for less than what is owed. The IRS accepts it when the amount offered is at least what it believes it could collect from you over time, a figure called your reasonable collection potential.

That number is built from your assets plus your future income after allowable living expenses. In other words, an OIC is not about negotiation or hardship stories; it is about presenting an accurate financial picture that shows the settlement is the most the IRS can realistically expect.

Who qualifies for an offer in compromise?

Eligibility is financial, not emotional. In general, you are a candidate when:

  • You are current on all required tax filings and any current-year estimated payments.
  • You are not in an open bankruptcy.
  • Your income and assets are limited enough that paying the full balance would be a genuine hardship or simply is not possible before the collection clock runs out.

Be wary of firms that promise 'pennies on the dollar' to everyone. Not everyone qualifies, and a rejected offer costs time and money. We tell you honestly whether an OIC is realistic before you apply, and recommend the right program if it is not.

How is an offer in compromise calculated?

An offer has a few moving parts, all paid to the IRS:

  • An IRS application fee to file the offer, which is waived for applicants who qualify as low-income.
  • A partial payment submitted with the offer, with the amount depending on whether you choose a lump-sum or periodic offer.
  • The offer amount itself, based on your reasonable collection potential, your assets plus your future ability to pay, not a fixed percentage of the debt.

If the IRS does not decide within 24 months, the offer is deemed accepted, one reason a complete, well-documented submission matters. Our own fee is quoted as a flat amount in writing after your free consultation.

At a glance: Offer in compromise
What it is
A settlement of tax debt for less than the full balance
Main forms
Form 656, plus Form 433-A (OIC) or 433-B (OIC)
IRS application fee
Charged by the IRS; waived for low-income applicants
Payment with the offer
A partial payment is required, depending on a lump-sum or periodic offer
Typical timeline
About 6 to 12 months to a decision

See if you qualify for offer in compromise.

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How Rockwater resolves it

The same three-stage approach, applied to your case.

01

We assess eligibility honestly

Before anything is filed, we determine whether an offer is realistic for you, so you do not spend time and money on a long shot.

02

We build a defensible offer

We prepare the financial disclosures and calculate the offer the way the IRS evaluates it, to give it the best chance of acceptance.

03

We manage it to a decision

We handle the back-and-forth with the IRS, respond to requests, and pursue the offer through to acceptance.

Offer in compromise: frequently asked questions

What is the acceptance rate for an offer in compromise?

The IRS accepts roughly a third of the offers submitted, but that figure is misleading. Offers built by professionals on genuinely eligible cases are accepted at much higher rates, while do-it-yourself offers on ineligible cases drag the average down. Eligibility and preparation are everything.

How much do I have to offer to settle?

There is no fixed percentage. The offer must reflect your reasonable collection potential, your assets plus your future ability to pay. For some that is a small fraction of the debt; for others an OIC is not the right tool. We calculate it before you apply.

How long does an offer in compromise take?

Typically six to twelve months from submission to a decision. If the IRS has not decided within 24 months, the offer is automatically accepted. We keep the case moving and respond quickly to every IRS request.

Does everyone qualify for an offer in compromise?

No. It is available to taxpayers whose finances meet the criteria. If an OIC is not realistic for you, we will say so and recommend the program that is, such as an installment agreement or CNC status.

What happens to collection while my offer is pending?

Filing an offer generally suspends active collection while it is evaluated, and the collection statute is paused during that time. This is one of the protections a pending offer provides.

Do states have offer in compromise programs?

Yes. The California FTB and other agencies have their own settlement programs with different rules. We prepare state offers and coordinate them with a federal OIC. See state tax resolution.

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