IRS Rejected My Offer in Compromise Because I Filed Bankruptcy; Why?
Rejected OIC- Active Bankruptcy
I just got off the phone with a gentleman who said he filed both a bankruptcy petition and an Offer in Compromise. He said the IRS sent him a letter almost immediately indicating that his Offer in Compromise could not be accepted for processing. I revealed to him that the IRS is correct. One of the basic tenants of Bankruptcy is credit must stop any collection actions while a Bankruptcy case is pending. Since the IRS is attempting to collect a potentially dischargeable debt, this stay from collections applies to the IRS as well. Therefore, if your Bankruptcy has not been discharged, the IRS CANNOT accept your offer.
The following are the most common reasons for denial of an Offer in Compromise:
- Failure to maintain compliance by making estimated payments
- Missing information
- Failure to disclose assets
- Failure to maintain compliance due to outstanding returns
- Active Bankruptcy
- Frivolous submissions
- Failure to pay the processing fee unless below a specific income level
- Failure to maintain compliance in the 5-year look-forward period
- Failure to make the non-refundable payment with the application
- Default on a previously accepted Offer
- Do not qualify for an Offer- Considered Full Pay
- Living expenses are considered excessive
- Dissipation of assets
This is item 5, Active Bankruptcy
Should you get help?
I have seen many people try to prepare their own OIC and fail because they do not fully understand the art of dealing with the IRS. Yes, you can submit an Offer in Compromise yourself but if you are trying to considerably reduce your debt, I recommend you rethink your position.
An “accepted” OIC is not the same as a “successful” OIC.
There is more to it. Sure, the average taxpayer can fill out the forms and after spending hours reading and rereading the instructions provide the substantiation needed for an application to be accepted. How do you measure success? To me, success is measured with an approval on the LOWEST DOLLAR AMOUNT the IRS will accept.
If you feel that you may be in over your head, or just want to get a second opinion, let’s set up a short call. To avoid the back and forth emails and phone tag, I have included a link to my Calendar https://calendly.com/taxman/tax-problem-resolution-initial-consultation. Let’s set up a 30 min. phone conference to get to know each other. The phone number to call is 855-829-5877 and my extension is 203.