Kansas Offer in Compromise: What You Need to Know
An Offer in Compromise is an agreement between you and the State Government to settle your back taxes for less than you owe.
An Offer in Compromise is strictly based on numbers; basically, your income versus your expenses and the equity in your assets.
If you can prove to the State you do not have the ability to pay back your taxes in full before the Statute of Limitations expires, then you may be eligible to file an Offer in Compromise. However, it will depend on your Reasonable Collection Potential and how much time is left before Statute of Limitations on the debt expires.
Qualifying for an Offer in Compromise
To qualify for an OIC with the State of Kansas there must be circumstances which impact the collectability of the debt. As it states on their website:
- The statute of limitations bars collection;
- Lack of Kansas Department of Revenue jurisdiction to collect debt;
- The domicile of the taxpayer and all the taxpayers assets are located outside of Kansas
- Insolvency of the taxpayer;
- The taxpayer is receiving social security benefits or social welfare payments and has insufficient assets upon which to levy;
- The taxpayer is mentally ill or physically incapacitated and circumstances indicate the taxpayer will not be economically productive in the foreseeable future.
As always, the State will only process an OIC application if all required tax returns have been filed.
Submitting Your Offer in Compromise
Much like the IRS and other states, you must submit all required supporting documents and failure to do so will result in your Offer being rejected. Their list of documents includes:
- $50 Application Fee
- Form CE-5, Petition for Abatement
- Form CE-3, Individual Income Financial Statement
- Form CE-7, Waiver of Confidentiality, if requesting abatement of $5,000 or more.
- Income – Copies of paystubs, earnings statements, Social Security Administration benefit letters, pension statements, bank statements reflecting direct deposits, etc.
- Expenses – Copies of Utility statements, credit card or loan billings, medical bills, etc.
- Accounts – Copies of all statements for bank, retirement, and investment accounts.
Offer in Compromise Pros and Cons
The Pros of submitting an Offer to the State of Kansas is they may allow your debt to be compromised and thereby removed.
The Cons are if the State rejects your Offer, it is not subject to administrative or judicial review