by Gerri Detweiler
NEW YORK ( Credit.com) -- If you owe the federal government a tax debt, it may be easier to strike a deal to settle your debt for less than the full balance through an "Offer in Compromise," thanks to guidelines issued recently by the Internal Revenue Service. Larry Heinkel, a Florida tax problem resolution lawyer, says this change is "gigantic."
Heinkel describes the changes:
As an illustration, let's say your income is $4,000 a month and your allowable expenses (explained below) are $3,000 monthly. That means the IRS will assume you can pay $,1000 a month toward the debt you owe them. Under the old OIC formula, the IRS would multiply that $1,000 a month by 48 to arrive at the present value of that income stream and insist that the taxpayer come up with at least $48,000 to settle the debt (plus equity in assets). But under the new rules, they will multiply that amount by 12 months. So in the example above, the taxpayer would only have to come up with $12,000 to settle the debt rather than $48,000 (plus equity in assets). Clearly it would be a lot easier for someone with few assets to, say, borrow $12,000 from a relative to resolve the debt than it would be to get their hands on $48,000. Heinkel points out, however, that the IRS will not allow all of the taxpayer's living expenses in determining the ability to make monthly payments. Only "necessary" living expenses are allowed, based on state and national "standards." If your actual monthly expenses are higher, too bad. (And for the self-employed, the IRS will look at the last six months of income and expenses to get an average monthly income figure).
When considering a taxpayer's proposed Offer in Compromise to settle a tax debt, the IRS looks at (i) the taxpayer's total equity in assets that it could seize for payment plus (ii) the present value of the amount it believes the taxpayer can pay each month toward the outstanding balance.
While the rules about calculating the first part of the equation have not changed, the IRS has made a significant and favorable change to how it calculates the "present value" of a taxpayer's ability to pay monthly. Previously, the monthly ability to pay was multiplied by 48; now it is only multiplied by 12.