Steps to Take After Your Offer in Compromise Is Rejected

When your IRS Offer in Compromise (OIC) is rejected, it can feel overwhelming and disappointing. The IRS sends a detailed explanation identifying the reasons for rejection, such as proposing an insufficient offer or an assessment that you can pay the entire tax debt. Understanding the specific feedback in this letter is crucial for determining your next steps with your offer in compromise.

The IRS’s rejection is not the end. Instead, it signals a need to review their analysis based on your provided financial information, including income, expenses, assets, and liabilities. Their determination may not always reflect your true ability to pay, and discrepancies or misunderstandings can occur.

Reviewing IRS Documentation

Along with the rejection letter, the IRS provides a set of Income/Expense and Asset/Equity Tables. These are crucial documents showing how the IRS calculated your ability to pay. Carefully compare these tables with your records—such as bank statements, pay stubs, or proof of expenses—to spot inconsistencies or errors. If you find mismatches, collect evidence that supports your actual financial condition.

It’s important to recognize that the IRS may sometimes overestimate income, underestimate essential living expenses, or misvalue assets. Detailing these potential errors is a crucial step for strengthening your case if you decide to pursue an appeal.

Steps for Filing an Appeal

If you disagree with the IRS’s decision, you generally have just 30 days from the date of the rejection notice to file an appeal. Time is of the essence, so start gathering documentation and prepare to respond as soon as possible.

The process for filing an appeal includes:

• Completing IRS Form 13711, Request for Appeal of Offer in Compromise.
• Alternatively, draft a formal letter including your full name, Social Security or Taxpayer Identification Number, current address, and a detailed statement explaining your disagreement.
• I am attaching proof and documentation, such as additional financial records, to address the IRS’s stated reasons for denial.

Submitting a Revised Offer

If your financial circumstances have changed—such as reduced income, increased expenses, or a loss of assets—or if you can provide stronger documentation, consider submitting a new OIC. Ensure your new offer thoroughly addresses every issue outlined in the rejection letter. Submitting the same information, or failing to provide new evidence, will likely lead to another denial.

Take this opportunity to present a clearer, more substantiated case for financial hardship. An updated offer that clearly demonstrates your inability to pay your tax liability in full is more likely to be accepted.

Exploring Alternative Payment Options

The OIC is not the only tool for resolving tax debt. Suppose a compromised settlement is out of reach. In that case, the IRS offers other payment arrangements, including Installment Agreements, which allow you to pay your tax bill in manageable monthly payments. Currently Not Collectible (CNC) status temporarily halts collections if you cannot pay due to hardship.

Each option carries unique eligibility standards and financial implications. Understanding and selecting the best option for your situation can be complex, so consider seeking expert guidance.

Maintaining Compliance

No matter which route you pursue—appealing, resubmitting an OIC, or opting for a payment plan—staying compliant with current tax filings and payments is essential. The IRS may add penalties and interest for non-compliance, which can increase your overall debt and hinder your ability to negotiate favorable terms in the future.

Seeking Professional Assistance

Navigating IRS negotiations is challenging, especially when significant tax debts or complex financial circumstances are involved. Tax professionals—such as enrolled agents, CPAs, or tax attorneys—offer invaluable insights into IRS guidelines, help you prepare appeals, avoid pitfalls, and maximize your chances of a favorable resolution. Their expertise can also help relieve the stress of dealing with the IRS and streamline your process.

Final Thoughts

A rejected Offer in Compromise is not a dead end, but an invitation to reassess, address the IRS’s concerns, and pursue a different approach if necessary. Be proactive: review the rejection thoroughly, gather additional evidence, consider all available IRS alternatives, and get guidance from a qualified tax professional. You can resolve your IRS debt and work toward a stronger financial future with informed, timely action.