New York 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 New York, they would consider Offers from:
- Individuals and Businesses that are insolvent or discharged in bankruptcy, and
- Individuals who are not insolvent or bankrupt if payment in full would create undue economic hardship. (Only individuals may apply for relief based on undue economic hardship, which may include relief from business debts they’re personally responsible for.)
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:
- You must agree to comply with certain terms and conditions. If applying online, you can view the full terms on the Web application. If you are applying by mail, refer to Form DTF-4 or Form DTF-4.1.
- Complete Form DTF-5, Statement of Financial Condition and Other Information
- A copy of the last three years of filed Federal 1040 tax returns.
- A recent credit report
- 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 for the past 12 months.
Offer in Compromise Pros and Cons
The Pros of submitting an Offer to the State of New York 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.