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IRS Installment Agreements: Options After Offer in Compromise Rejection

A rejection of an Offer in Compromise from the IRS can be concerning, but installment agreements offer alternative repayment solutions. The IRS provides various installment options, including full-payment and partial-payment plans. The plan you qualify for depends on your financial situation, and payment calculations differ from Offer in Compromise settlements.

Full-Payment Installment Agreements

  • Guaranteed Installment Agreement:
    • Available for tax debts under $10,000.
    • Full payment must be achievable within three years.
    • The IRS is obligated to approve eligible applications.
  • Streamlined Installment Agreement:
    • Available for tax debts under $25,000 (including principal, interest, and penalties).
    • Full payment must be achievable within five years (60 months).
    • Monthly payments are calculated by dividing the total owed by 50. The remaining 10 months are for interest.

Partial-Payment Installment Agreements

  • Allows taxpayers to pay only what they can afford monthly, even if it’s less than the full amount owed.
  • Payments continue until the Collection Statute Expiration Date (CSED).
  • Any remaining balance at the CSED is effectively written off.
  • Collection Statute Expiration Date (CSED):
    • Contact the IRS to obtain the CSED for each tax debt period.
    • The statute typically begins when the tax return is filed or the principal tax balance is assessed, whichever is later.
    • The statute generally expires after 10 years, but extensions can occur.
  • Payment Calculation:
    • Payments are based on monthly disposable income (income minus expenses).
    • The total amount paid is calculated by multiplying disposable income by the remaining months on the collection statute.
    • Payments must be made in installments, not as a lump sum.

Financially Verified Installment Agreement (Non-Streamlined)

  • Applies to tax debts exceeding $25,000 or repayment periods exceeding 60 months.
  • Requires negotiation with the IRS and full financial disclosure.
  • Monthly payments are determined based on a comprehensive financial review.
  • The IRS may require asset liquidation to reduce the balance owed.

Key Considerations:

  • Understand the eligibility requirements for each installment agreement option.
  • Accurately calculate your disposable income and determine your ability to make monthly payments.
  • Obtain the CSED from the IRS to understand the timeframe for repayment.
  • Be prepared to provide thorough financial documentation to the IRS.
  • Seek professional tax advice.

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