I.R.S. Tax Lien & Collection Solutions

Newsletter For Businesses And Individuals

Third


HOW MUCH SHOULD YOU OFFER FOR YOUR OFFER IN COMPROMISE?


The best way to settle a past due tax liability often is to make an "offer" through an OFFER IN COMPROMISE. Most often, the tax liability is settled for pennies on the dollar. But how much should you offer?

The Revenue Service has standards for a minimum acceptable offer amount. If the offer amount is less than this minimum amount, the OFFER IN COMPROMISE will be rejected.

Here Is The Answer.

The minimum acceptable offer amount is the total of all your assets less your liabilities that have priority over the Revenue Service (ie. car loans, mortgages, other secured creditors).

All taxpayers have an exemption amount for furniture, fixtures, and personal assets up to $6,250.

To illustrate, let's say you have a home worth $250,000 with a mortgage of $248,000, a car worth $30,000 with a car loan balance of $31,000, furniture and household goods worth $6,000, and credit

  debt of $35,000, then your minimum offer amount must be $2,000 ($2,000 home equity). Since all taxpayers have an $6,250 furniture, fixtures, and personal assets exemption the entire $6,000 is ignored. Since unsecured debt doesn't count in terms of determining your minimum offer, it is ignored.

Retirement Plans

The rules are complex for retirement plans [ie. a 401(k)] and beyond the scope of this article. If you have a retirement plan and will be seeking a OFFER IN COMPROMISE, then you should contact my office.

How To Value Your Assets.

The general rule to value your assets is to take the fair market value less a discount of 25%. The 25% discount is allowed because the Revenue Service contemplates the taxpayer's financial pressures cause the sale of assets in a short period of time.
 

CAN THE REVENUE
SERVICE SEIZE YOUR HOME FOR UNPAID TAXES?


Prior to the IRS Restructuring and Reform Act of 1998 President Clinton signed into law on July 22, 1998, the Revenue Service could seize a taxpayer's home and sell it to pay for back taxes upon approval of the IRS District Director or Assist. District Director. Recipients of this newsletter either live in the Los Angles District or the Southern California District (Orange County).

Effective July 22, 1998, the IRS may not seize a taxpayer's principal residence without the written consent of a U.S. District Court Judge or Magistrate. This should substantially reduce the number of principal residence seizures.

Effective January 18, 1999, any taxpayer can effectively stop the IRS from seizing any asset by electing to have a hearing within 30 days after an IRS notice (by certified or registered mail) is mailed notifying the taxpayer it intends to levy property. So if the IRS plans on seizing your home be sure to timely request a hearing.

These rules do not apply if the IRS correctly determines the collection of tax is in "jeopardy" (taxpayer plans to destroy or fraudulently transfer the asset to evade lawful collection).


This newsletter does not represent legal advice - it is a general information tool.
This newsletter is authored by
David C. Dodge, JD, CPA, MBA, EA.
He is a civil and criminal tax litigation lawyer. His practice includes tax collection representation. His main office is located at David C. Dodge, Inc., 19200 Von Karman Avenue, Suite 400, Irvine, CA 92646.

Telephone: (714) 378-4355
Facsimile: (714) 963-1115
Email:
ATaxLawyer@aol.com