OFFER?
IRS Offer in Compromise Form: How to Actually Use It to Settle Tax Debt
If you owe more to the IRS than you can realistically pay, the Offer in Compromise (OIC) program lets you ask the IRS to settle your tax debt for less than the full amount. You do this by filling out and submitting specific IRS Offer in Compromise forms, mainly Form 656 and Form 433-A (OIC) or Form 433-B (OIC), to the Internal Revenue Service.
An OIC is handled directly by the IRS through its centralized processing units and, in some cases, by local IRS Taxpayer Assistance Centers (TACs) for in‑person help. You don’t apply through a state agency or third-party website, and you can’t submit an official OIC through HowToGetAssistance.org or similar information sites.
Quick summary: What the IRS Offer in Compromise form does
- You ask the IRS to settle your eligible tax debt for less than you owe using Form 656.
- You must include a detailed financial disclosure: Form 433-A (OIC) for individuals or 433-B (OIC) for businesses.
- You typically pay a user fee and a down payment with the application unless you qualify for the low‑income exception.
- The IRS reviews your ability to pay based on income, expenses, assets, and future earning potential.
- While your offer is under review, most collection actions are paused, but penalties and interest commonly continue to add up.
- Approval is never guaranteed and rules can vary somewhat by situation and tax year.
Key terms to know:
- Offer in Compromise (OIC) — A formal request to the IRS to settle your tax debt for less than the full balance.
- Reasonable Collection Potential (RCP) — The IRS’s estimate of what it thinks it can collect from you over time based on your assets and income.
- Form 656 — The main OIC form where you state how much you’re offering and on what grounds.
- Form 433-A (OIC) — The detailed financial statement for individuals that shows income, expenses, debts, and assets.
Where you actually go to start an IRS Offer in Compromise
The official system that handles Offers in Compromise is the Internal Revenue Service. You will typically deal with:
- The IRS Offer in Compromise Unit, which processes mailed applications and makes decisions.
- IRS Taxpayer Assistance Centers (TACs), where you can sometimes get in‑person help completing forms or verifying identity, by appointment.
- The official IRS website, where you can download the correct, current forms and use the pre‑qualifier tool.
A good first concrete action today is to download or print IRS Form 656 and Form 433-A (OIC) from the official IRS site, or pick them up from a local IRS office if you don’t have printer access. Once you have the forms in hand, you can see exactly what information the IRS expects and start gathering documents.
When you take this step, expect next that you’ll see how detailed the financial questions are: you’ll need totals for bank accounts, vehicles, home equity, retirement accounts, and monthly bills, not just your wages. This usually drives your next task: hunting down statements and pay stubs so you can answer accurately.
Always look for .gov in the website address and avoid any site that wants you to pay just to download the forms or “submit” through their portal. There is no private website authorized to receive an official IRS OIC on your behalf.
Documents you’ll typically need
When you fill out the Offer in Compromise forms, the IRS commonly asks you to attach proof for the numbers you write down. Typical examples include:
- Recent pay stubs or profit-and-loss statements (usually last 3 months) to verify income from jobs or self‑employment.
- Bank statements (often 3–6 months) for all checking, savings, or money market accounts listed on your Form 433-A (OIC).
- Mortgage and vehicle loan statements showing current balances and monthly payments for any home or car you own.
Depending on your situation, the IRS may also ask for retirement account statements, life insurance cash value statements, rental agreements, or medical expense records if you claim high necessary expenses.
A practical move is to create a folder (paper or digital) labeled “OIC” and immediately place all pay stubs, statements, and bills you plan to use as support. This reduces back‑and‑forth with the IRS and helps avoid delays.
How to complete and submit the IRS Offer in Compromise forms
1. Check if an OIC is worth pursuing
- Use the official IRS OIC pre-qualifier tool on the IRS website or review the IRS instructions for who generally qualifies.
- Compare your total tax debt to your assets (home equity, cars, bank accounts, retirement, etc.) and your monthly leftover income.
- If it looks like you could realistically pay the full debt over time (via an installment agreement), the IRS is less likely to accept an OIC.
What to expect next: This step doesn’t file anything with the IRS, but it gives you a rough idea whether your offer might be considered or clearly too low based on IRS standards.
2. Gather your financial documents
- Collect income records: last 3 months of pay stubs, Social Security or pension benefit letters, self‑employment income reports, or unemployment records.
- Collect asset records: bank statements, retirement statements, home value estimate (like a recent appraisal or property tax bill), vehicle titles and loan balances.
- Collect expense records: rent or mortgage, utilities, insurance, medical expenses, and any court‑ordered payments like child support.
What to expect next: As you gather these, you’ll see whether your written budget matches reality; if your numbers on the form don’t line up with your documents, the IRS will usually default to what the documents show or their own allowable expense standards.
3. Fill out Form 433-A (OIC) or 433-B (OIC)
- Complete Form 433-A (OIC) if you’re an individual (including someone with a sole proprietorship) or Form 433-B (OIC) if you’re submitting an offer for a business.
- List all sources of income, monthly expenses, and a complete inventory of assets, even if you think they are “small” (old car, small savings account, etc.).
- Attach copies of the supporting documents the form instructions say are required for your situation.
What to expect next: The IRS will use this information to calculate your Reasonable Collection Potential (RCP); if your offer is far below what they calculate you can pay, it’s more likely to be rejected or countered.
4. Complete Form 656 (the actual Offer in Compromise)
- On Form 656, select the reason for your offer, usually “doubt as to collectibility” (you cannot pay in full) for most financial hardship cases.
- Decide how you will pay if accepted:
- Lump Sum Cash Offer — typically at least 20% of the offer amount is paid with the application, and the rest within 5 or fewer payments.
- Periodic Payment Offer — you propose monthly payments over a longer period while the IRS reviews your offer.
- Write down the offer amount you’re proposing; this should be based on the calculation in the 433-A (OIC) instructions, not just what “feels fair.”
What to expect next: You will sign under penalties of perjury that your information is true and complete; if the IRS later finds missing assets or misstatements, they can return or default the offer.
5. Include required fees and initial payment (if applicable)
- Unless you qualify for the low-income certification (explained in the Form 656 booklet), include the non‑refundable application fee and the initial offer payment (either 20% or first periodic payment).
- Double‑check that your check or money order is correctly made out per the instructions, or that your Electronic Funds Transfer information is accurate.
What to expect next: These amounts are generally applied to your tax debt whether or not the IRS accepts your offer, and they are not refunded if you are rejected.
6. Mail your OIC packet to the correct IRS address
- Send the entire packet: Form 656, Form 433-A (OIC)/433-B (OIC), all required attachments, and your fee/payment to the correct IRS OIC Unit address listed in the instructions (which depends on where you live).
- Use trackable mail (like certified mail) so you have proof that it was delivered.
What to expect next: Within several weeks, you typically receive an IRS acknowledgment letter stating your offer has been received and is being assigned for review, or that the offer has been returned for missing information or ineligibility (for example, unfiled tax returns).
What happens after you submit your Offer in Compromise forms
Once your OIC packet is accepted for processing (not yet approved), several things usually happen:
- Collections pause: Most IRS collection actions (like new levies) are usually suspended while your offer is under consideration, but existing liens may stay in place.
- Interest and penalties continue: Your tax debt normally continues to grow until and unless the offer is fully accepted and paid.
- You may get calls or letters from an OIC examiner: They may request more documents, clarification, or updated financial information if your review stretches out over time.
- You must stay current on filing and payment: You’re typically required to file all future tax returns and pay new taxes on time for at least 5 years after acceptance, or the IRS can default the OIC and reinstate the full debt.
If the IRS accepts your offer, you’ll get a written notice explaining the terms, payment schedule, and compliance requirements. If the IRS rejects it, they will send a letter explaining why and telling you how to appeal within a specific time frame if you disagree.
Rules and processing approaches can vary by tax year and by individual circumstances, so timelines and outcomes are never guaranteed.
Real-world friction to watch for
Real-world friction to watch for
A frequent reason OICs get returned without full consideration is unfiled tax returns or missing estimated payments. If you haven’t filed all required returns or kept up with current-year estimates (for self‑employed people), the IRS often won’t even process your offer. Before submitting the forms, verify that all past required returns are filed and that you’re on track with current withholding or estimated payments.
How to get legitimate help with Offer in Compromise forms
If you need help understanding or filling out the forms, several official or regulated resources exist:
- IRS Taxpayer Assistance Centers (TACs) — You can call the IRS main line and schedule an appointment at a local TAC for basic guidance, form pick‑up, and identity verification.
- Taxpayer Advocate Service (TAS) — An independent organization within the IRS that may assist if you’re facing economic hardship or delays; contact information is on the IRS site and in IRS letters.
- IRS-authorized Low Income Taxpayer Clinics (LITCs) — Nonprofit legal clinics that often help low‑income taxpayers prepare OICs or represent them before the IRS, usually at low or no cost.
- Enrolled agents, CPAs, or tax attorneys — Licensed or regulated professionals who commonly prepare OICs and can communicate with the IRS on your behalf (they must file a power of attorney form).
When calling for help, a simple script you can use is: “I’m trying to apply for an IRS Offer in Compromise and I need help understanding Forms 656 and 433-A (OIC). Where should I mail my packet, and are there any missing returns I need to file first?”
Because OICs involve money, identity, and tax information, be cautious of scams:
- Be wary of companies promising that “everyone qualifies” or “pennies on the dollar guaranteed.”
- Avoid sharing Social Security numbers or bank information with anyone who cannot prove they are a licensed professional or official IRS/clinic staff.
- To check if a helper is legitimate, search for IRS‑recognized clinics, or verify that your tax professional is an enrolled agent, CPA, or attorney in good standing.
Once you have your forms, your documents, and a plan for where to mail the packet or who to consult, you’re in position to take the next official step: finish Form 433-A (OIC), complete Form 656 with a realistic offer amount, and send the full packet by trackable mail to the IRS OIC Unit address listed in the current instructions.
