Offer in Compromise

Settle your IRS tax debt for less than the full amount owed through effective negotiation with an Offer in Compromise.

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Need Offer in Compromise Help? Check If You Qualify

What is an Offer in Compromise?

An Offer in Compromise (OIC) is an IRS program that allows taxpayers to settle their tax liability for less than the full amount owed, offering relief for those experiencing financial hardship or economic hardship. The IRS evaluates each application based on the taxpayer's financial situation, including income, expenses, and asset equity, to determine a reasonable collection potential (RCP). Payment options for settling the debt include lump sum payment plans and installment agreements.

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Eligibility Requirements for an Offer in Compromise

To be considered for an IRS Offer in Compromise, you must meet all of the following criteria:

  • All required tax returns must be filed, no unfiled returns can remain open.
  • Estimated tax payments must be made for the current year, if required.
  • You cannot be in an active bankruptcy case at the time of your application.
  • You must demonstrate financial hardship, showing that full payment would cause economic distress.
  • Your offer must reflect your reasonable collection potential (RCP) — the most the IRS believes it can collect from you.
  • A complete and accurate financial disclosure must be submitted (Form 433-A(OIC) or 433-B(OIC)).
  • All application fees and initial payments (20% for lump sum) must be submitted with your offer unless you qualify for a fee waiver.

Our IRS tax settlement attorneys have guided hundreds of clients through the OIC process and can help you assess your eligibility. To learn more if you qualify for an Offer in Compromise read here.

Offer in Compromise Success Stories

$1,500

Offer Amount Accepted

Total Debt: $60,000

Debra K.

$100

Offer Amount Accepted

Total Debt: $57,000

Ian M.

$1,000

Offer Amount Accepted

Total Debt: $88,000

Nicholas G.

$100

Offer Amount Accepted

Total Debt: $83,000

Eryka A.

$80

Offer Amount Accepted

Total Debt: $32,000

Deseree W.

$1,074

Offer Amount Accepted

Total Debt: $38,000

Dennis J.

$2,500

Offer Amount Accepted

Total Debt: $43,000

Anthony C.

$25

Offer Amount Accepted

Total Debt: $40,000

Tommy B.

$21,000

Offer Amount Accepted

Total Debt: $302,401

Valerie B.

$60,300

Offer Amount Accepted

Total Debt: $1,622,404

Kenneth J.

$157

Offer Amount Accepted

Total Debt: $10,000

Chris A.

$168

Offer Amount Accepted

Total Debt: $30,000

Heather N.

How Much Should You Offer in OIC?

Most rejected offers have one thing in common: the amount was wrong. The IRS doesn’t negotiate based on what feels fair—they use a strict formula to decide what they expect to collect. That number, called your Reasonable Collection Potential, often surprises taxpayers. Offer less than that, and your case is likely dead on arrival. Offer more than necessary, and you could be locking yourself into a deal that drains your finances.

Key factors that determine your RCP include:

  • Monthly income, minus allowable living expenses as defined by IRS standards
  • Future earning potential, especially if your income is expected to increase
  • Equity in assets, including your home, car, savings, investments, and personal property
  • Time remaining in the 10-year IRS collection window

If your offer is accepted, the IRS gives you two ways to pay: a lump sum payment, where you settle the full amount in five or fewer payments, or a periodic payment plan, which spreads your payments over 6 to 24 months. Each option has strict rules, and the one you choose can impact both your approval odds and your financial flexibility moving forward. Choosing the right structure is just as important as calculating the right offer.

To fully understand the financial requirements and ensure eligibility for an Offer in Compromise, please refer to the detailed Offer in Compromise Booklet or use the IRS pre qualifier tool.

IRS Offer in Compromise

How Our IRS Attorneys Simplify Tax Debt

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Financial Analysis

Our expert tax attorneys review your total tax debt, including penalties and interest, to develop personalized resolution strategies.

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Application Process

Our certified team of IRS debt attorneys assists in preparing IRS Form 656-B, IRS Form 433-A (for individuals) or Form 433-B (for businesses)

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IRS Negotiation

The next step is engaging in negotiation with the IRS to secure the most favorable terms for your tax resolution.

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Legal Support

Our expert offer in compromise lawyers provides rigorous support throughout your application process.

Free IRS Tax Consultation

Financial Analysis


Our expert tax attorneys review your total tax debt, including penalties and interest, to develop personalized resolution strategies.

Free Tax Relief Consultation
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Tax lawyer case review icon

Application Process


Our certified team of IRS debt attorneys assists in preparing IRS Form 656-B, IRS Form 433-A (for individuals) or Form 433-B (for businesses)

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IRS Negotiation


The next step is engaging in negotiation with the IRS to secure the most favorable terms for your tax resolution.

Tax resolution services with IRS
Financial freedom with tax attorney guidance
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Legal Support


Our expert offer in compromise lawyers provides rigorous support throughout your application process.

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The OIC process typically takes around 6 to 12 months, and approval isn’t guaranteed. In 2024, the IRS approved just 21% of nearly 33,600 applications. We know what it takes to be in that 21%.

Why Do You Need a Professional Tax Attorney?

The truth is, most Offer in Compromise applications are denied—not because the taxpayer didn’t qualify, but because the offer wasn’t filed properly. At J. David Tax Law, we’ve built our reputation on results. Our team maintains a 95% acceptance ratefor all Offers in Compromise we submit on behalf of qualified clients.

With over four decades of collective experience, we’ve helped clients resolve tax issues in all 50 states, backed by over 500 verified 5-star reviews nationwide. We offer free consultations, and our firm has earned top industry recognition, including the A+ BBB rating, and multiple prestigious awards.

If you don’t qualify for an OIC, we don’t stop there. We explore every viable alternative, from penalty abatement to partial pay installment agreements and currently not collectible status—all designed to minimize what you ultimately pay.

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Speak to one of our managing attorneys today to find out how you can resolve your tax matter.

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What Are Your Next Steps If Declined for an Offer in Compromise?

If a person does not qualify for an Offer in Compromise (OIC) with a tax authority, there are several alternative options to consider for managing tax liability. Here are some other avenues to explore:

Denied an Offer in Compromise? Discover the next steps to manage your tax debt effectively.

Payment Plans / Installment Agreements

Most tax authorities, including the IRS and state agencies like the California Franchise Tax Board, offer payment plans that allow taxpayers to pay their debt in smaller, more
manageable installments. This can provide relief without requiring the full payment upfront.

Temporary Delay of Collection

If you’re facing temporary financial hardship, you might request the tax authority to delay collection until your financial situation improves. This is sometimes a permanent solution, but it can also provide temporary relief from collection activities.

Penalty Abatement

If certain criteria are met, such as reasonable cause or first time penalty abatement, taxpayers might qualify for relief from penalties that have been added to their tax debt.

Appealing a Decision

If you contest the tax liability or the denial of your Offer in Compromise (OIC), you have the opportunity to appeal the period. This involves a formal procedure where you articulate your reasons for disputing
the assessment or rejection, considering any exceptional circumstances or legal assessment issues that might impact the final decision.

Checking for Hardship Provisions

Some jurisdictions may have specific hardship provisions that do not fit within the typical framework of an OIC but could offer relief based on the taxpayer’s financial situation.
It’s important to stay proactive and communicate openly with the tax authority about your situation. Ignoring tax debts can lead to more severe penalties, including liens against your property or garnishment of wages.
Frequently Asked Questions

Your Tax Relief Questions, Answered

An Offer in Compromise (OIC) allows taxpayers to settle their federal tax liabilities for less than the full amount they owe. It’s intended for cases where paying the full amount would create a financial hardship. The IRS considers the taxpayer’s income, expenses, and asset equity when determining eligibility. To learn more about Offer in Compromise
To qualify for an OIC, individuals must meet strict requirements, including being up-to-date with all filing and payment requirements and not being in an open bankruptcy proceeding. The IRS also evaluates the taxpayer’s ability to pay, income, expenses, and asset equity.
An Offer in Compromise requires a $205 application fee, plus an initial payment, usually 20% of your offer amount if choosing the lump sum option. However, if you meet the IRS low-income certification guidelines, the fee and initial payment may be waived. To calculate allowable living expenses, the IRS uses standardized amounts based on your family size, income, and location,not your actual spending.

The IRS calculates allowable living expenses using a combination of national and local standards based on your household size, income level, and geographic location. Each expense category, like housing, food, transportation, and medical costs has a predefined cap. These limits are published by the IRS and updated annually.

To calculate your allowable expenses, compare your actual spending in each category to the IRS limit. Any amount above the IRS standard is disallowed, and the excess is treated as available income unless you can prove it’s necessary. That’s why working with a tax attorney is important: we help ensure each line is justified, optimized, and defensible.

The amount to offer in an OIC should realistically reflect your reasonable collection potential (RCP), which includes the value of your assets and the amount the IRS could collect from your future income within a reasonable period. Using the IRS pre-qualifier tool can help determine an appropriate offer based on your financial situation.
According to the IRS Data Book for fiscal year 2024, the Offer in Compromise (OIC) success rate was approximately 21%. Out of nearly 33,600 applications, the IRS accepted just 7,199 offers. That means only about 1 in 5 applicants had their offer approved. The low approval rate is often due to incomplete documentation, incorrect offer amounts, or failure to meet basic eligibility requirements. At J. David Tax Law, our acceptance rate for qualified clients is over 95%, because we understand what the IRS looks for and how to structure offers that get results.

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