Free IRS 656-B Form in PDF

Free IRS 656-B Form in PDF

The IRS 656-B form, officially known as the Offer in Compromise booklet, is a document utilized by taxpayers seeking to settle their tax debts for less than the amount owed. This form serves as a comprehensive guide, detailing the process, eligibility criteria, and necessary instructions for individuals aiming to negotiate with the IRS. Those interested in alleviating their tax burden through this method are encouraged to delve into the form's details by clicking the button below.

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Navigating the complexities of resolving outstanding tax debts with the Internal Revenue Service (IRS) can often feel like an uphill battle for many taxpayers. Fortunately, the IRS provides several options to help individuals and businesses find their way through these financial challenges. One such lifeline is the Offer in Compromise program, a solution that may allow taxpayers to settle their debt for less than the full amount owed. Central to this process is the IRS 656-B form, a comprehensive document that facilitates the offer submission. This form not only serves as the application for the program but also guides applicants through the required information and documents needed to make a compelling case. Understanding the major aspects of the IRS 656-B form, such as eligibility criteria, required documentation, and the application process, is essential for anyone considering this route. It represents a critical step towards financial recovery and peace of mind for those burdened by significant tax debt, providing a potential path to resolving financial obligations in a manner that is manageable and realistic.

Preview - IRS 656-B Form

Form 656 Booklet

 

Offer in

 

Compromise

 

CONTENTS

 

■ What you need to know

1

■ Paying for your offer

3

■ How to apply

4

■ Completing the application package

5

■ Important information

6

Removable Forms - Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals; Form 433-B (OIC),

Collection Information Statement for Businesses; Form 656, Offer in

 

Compromise

7

■ Application Checklist

29

IRS contact information

If you want to see if you qualify for an offer in compromise before filling out the paperwork, you may use the Offer in Compromise Pre-Qualifier tool. The questionnaire format assists in gathering the information needed and provides instant feedback as to your eligibility based on the information you provided. The tool will also assist you in determining a preliminary offer amount for consideration of an acceptable offer but is no guarantee of offer acceptance. The Pre-Qualifier tool is located on our website at https://irs.treasury.gov/ oic_pre_qualifier/.

If you have questions regarding qualifications for an offer in compromise, please call our toll-free number at

800-829-1040. A video on how to complete an offer in compromise is available for viewing at our website at https://www.irsvideos.gov/Individual/PayingTaxes/CompletingForm656-OfferInCompromiseApplication. Forms and publications are available by calling 800-TAX-FORM (800-829-3676), by visiting your local IRS office, or at www.IRS.gov. For answers to frequently asked questions about the offer process from submission to closure see Offer in Compromise FAQs.

Taxpayer resources

The Taxpayer Advocate Service (TAS) is an independent organization within the Internal Revenue Service that helps taxpayers and protects taxpayer rights. TAS helps taxpayers whose problems with the IRS are causing financial difficulties, who've tried but haven't been able to resolve their problems with the IRS or believe an IRS system or procedure isn't working as it should. The service is free. Your local advocate's number is in your local directory and at taxpayeradvocate.irs.gov. You can also call us at 877-777-4778. For more information about TAS and your rights under the Taxpayer Bill of Rights, go to taxpayeradvocate.irs.gov. TAS is your voice at the IRS.

Low-Income Taxpayer Clinics (LITCs) are independent from the IRS. LITCs serve individuals whose income is below a certain level and who need to resolve a tax problem with the IRS. LITCs provide professional representation before the IRS or in court on audits, appeals, tax collection disputes, and other issues for free or for a small fee. For more information and to find a LITC near you, see the LITC page at www.taxpayeradvocate.irs.gov/litcmap or IRS Publication 4134, Low-Income Taxpayer Clinic List. This publication is also available by calling the IRS toll-free at 800-829-3676 or visiting your local IRS office.

WHAT YOU NEED TO KNOW

What is an Offer?

An Offer in Compromise (offer) is an agreement between you (the taxpayer) and

 

the IRS that settles a tax debt for less than the full amount owed. The offer

 

program provides eligible taxpayers with a path toward paying off their tax debt.

 

The ultimate goal is a compromise that suits the best interest of both the taxpayer

 

and the IRS. Generally, you must

make an appropriate offer based on what the

 

IRS considers your true ability to

pay.

 

Submitting an application does not ensure that the IRS will accept your offer.

 

It begins a process of evaluation and verification by the IRS, taking into

 

consideration any special circumstances that may affect your ability to pay.

 

This booklet will lead you through a series of steps to help you calculate an

 

appropriate offer based on your assets, income, expenses, and future earning

 

potential. The application requires you to describe your financial situation in detail,

 

so before you begin, make sure you have the necessary information and

 

documentation.

 

Are You Eligible?

Before your offer can be considered, you must (1) file all tax returns you are legally

 

required to file, (2) have received a bill for at least one tax debt included on your

 

offer, (3) make all required estimated tax payments for the current year, and (4)

 

make all required federal tax deposits for the current quarter if you are a business

 

owner with employees. The IRS will immediately return your offer without further

 

consideration if you have not filed all legally required tax returns.

 

Note: If it is determined you have not filed all tax returns you are legally

 

required to file, the IRS will apply any initial payment you sent with your offer

 

to your tax debt and return both your offer and application fee to you. You

 

cannot appeal this decision.

 

Bankruptcy, Open Audit or

If you or your business is currently in an open bankruptcy proceeding, you are not

Innocent Spouse Claim

eligible to apply for an offer. Any resolution of your outstanding tax debts generally

 

must take place within the context of your bankruptcy proceeding.

 

If you are not sure of your bankruptcy status, contact the Centralized Insolvency

 

Operation at 800-973-0424. Be prepared to provide your bankruptcy case number

 

and/or Taxpayer Identification Number.

 

Resolve any open audit or outstanding innocent spouse claim issues before

 

you submit an offer.

 

Can You Pay in Full?

Generally, the IRS will not accept an offer if you can pay your tax debt in full

 

through an installment agreement or equity in assets.

 

Note: Adjustments or exclusions, which may be considered during the offer

 

investigation, such as allowance of $1,000 to a bank balance or $3,450 against the

 

value of a car, are only applied if you are an individual and after it is determined

 

that you cannot pay your tax debt in full.

Your Future Tax Refunds

The IRS will keep any refund, including interest, for tax periods extending through

 

the calendar year that the IRS accepts the offer. For example, the IRS accepts

 

your offer in 2020 and you file your 2020 Form 1040 on April 15, 2021 showing a

 

refund; the IRS will apply your refund to your tax debt. The refund is not

 

considered as a payment toward your offer.

Doubt as to Liability

If you have a legitimate doubt that you owe part or all of the tax debt, complete and

 

submit a Form 656-L, Offer in Compromise (Doubt as to Liability). To request a

 

Form 656-L, visit www.IRS.gov or a local IRS office or call toll-free 800-TAX-

 

FORM (800-829-3676).

 

Note: Do not submit both an offer under Doubt as to Liability and an offer under Doubt as to Collectibility or Effective Tax Administration at the same time. You must resolve any doubt you owe part or all of the tax debt before submitting an offer based on your ability to pay.

1

Notice of Federal Tax Lien

A lien is a legal claim against all your current and future property. When you don’t

 

pay your first bill for taxes due, a lien is created by law and attaches to your

 

property. A Notice of Federal Tax Lien (NFTL) provides public notice to creditors.

 

The IRS files the NFTL to establish priority of the IRS claim versus the claims of

 

certain other creditors. The IRS may file a NFTL at any time. If the tax lien(s) has/

 

have not been released, the IRS may be entitled to any proceeds from the sale of

 

property subject to the lien(s). You may be entitled to file an appeal under the

 

Collection Appeals Program (CAP) before this occurs or request a Collection Due

 

Process hearing after this occurs.

 

Note: A Notice of Federal Tax Lien (NFTL) will not be filed on any individual shared

 

responsibility payment under the Affordable Care Act.

Trust Fund Taxes

If your business owes liabilities that include trust fund taxes, the IRS may hold

 

responsible individuals liable for the trust fund portion of the tax pursuant to

 

applicable law. Trust fund taxes are the money withheld from an employee's

 

wages, such as income tax, Social Security, and Medicare taxes. If the IRS enters

 

into a compromise with an employer for a portion of the trust fund tax liability, the

 

remainder of the trust fund taxes must be collected from the responsible parties.

 

You are not eligible for consideration of an offer unless the trust fund portion of the

 

tax is paid, or the IRS has made the Trust Fund Recovery Penalty determination(s)

 

on all potentially responsible individual(s). However, if you are submitting the offer

 

as a victim of payroll service provider fraud or failure, the trust fund recovery

 

penalty assessment discussed above is not required prior to submitting the offer.

Other Important Facts

Each and every taxpayer has a set of fundamental rights they should be aware of

 

when interacting with the IRS. Explore your rights and our obligations to protect

 

them. For more information on your rights as a taxpayer, go to http://www.irs.gov/

 

Taxpayer-Bill-of-Rights.

 

Penalties and interest will continue to accrue.

 

After you submit your offer, you must continue to timely file and pay all required tax

 

returns, estimated tax payments, and federal tax payments for yourself and any

 

business in which you have an interest. Failure to meet your filing and payment

 

responsibilities during consideration of your offer will result in the IRS returning

 

your offer. If the IRS accepts your offer, you must continue to stay current with all

 

tax filing and payment obligations through the fifth year after your offer is accepted

 

(including any extensions).

 

Note: If you have filed your tax returns but you have not received a bill for at

 

least one tax debt included on your offer, your offer and application fee may

 

be returned and any initial payment sent with your offer will be applied to

 

your tax debt. To prevent the return of your offer, include a complete copy of

 

any tax return filed within 12 weeks of this offer submission.

 

The IRS can't process your offer if the IRS referred your case, or cases, involving

 

all of the liabilities identified in the offer to the Department of Justice. In addition,

 

the IRS cannot compromise any tax liability arising from a restitution amount

 

ordered by a court or a tax debt reduced to judgment. Furthermore, the IRS will not

 

compromise any IRC § 965 tax liability for which an election was made under IRC

 

§ 965(i). You cannot appeal this decision.

 

Note: Any offer containing a liability for which payment is being deferred under IRC

 

§ 965(h)(1) can only be processed for investigation if an acceleration of payment

 

under section 965(h)(3) and the regulations thereunder has occurred and no

 

portion of the liability to be compromised resulted from entering into a transfer

 

agreement under section 965(h)(3).

 

The law requires the IRS to make certain information from accepted offers

 

available for public inspection and review. Find instructions to request a public

 

inspection file at www.IRS.gov keyword "OIC".

2

 

The IRS may levy your assets up to the time the IRS official signs and

 

acknowledges your offer as pending. In addition, the IRS may keep any proceeds

 

received from the levy. If your assets are levied after your offer is submitted and

 

pending evaluation, immediately contact the IRS employee whose name and

 

phone number are listed on the levy.

 

If you currently have an approved installment agreement, you will not be required

 

to make your installment agreement payments while your offer is being

 

considered. If your offer is not accepted and you have not incurred any additional

 

tax debt, the IRS will reinstate your installment agreement.

 

 

PAYING FOR YOUR OFFER

 

Application Fee

Offers require a $205 application fee.

 

Exception: If you are an individual and meet the Low-Income Certification

 

guidelines, there is no requirement to send any money with your offer. You

 

are considered an individual if you are seeking compromise of a liability for which

 

you are personally responsible, including any liability you incurred as a sole

 

proprietor.

Payment Options

You must select a payment option and include the initial payment with your offer.

 

The amount of the initial payment and subsequent payments will depend on the

 

total amount of your offer and which of the following payment options you choose:

 

Lump Sum Cash: This option requires 20% of the total offer amount to be paid

 

with the offer and the remaining balance paid in 5 or fewer payments within 5 or

 

fewer months of the date your offer is accepted.

 

Periodic Payment: This option requires you to make the first payment with the

 

offer and the remaining balance paid in monthly payments within 6 to 24 months,

 

in accordance with your proposed offer terms.

 

Note: Under the periodic payment option, you must continue to make

 

monthly payments while the IRS is evaluating your offer. If you fail to make

 

these payments at any time prior to receiving a final decision letter, the IRS will

 

return your offer. You cannot appeal this decision. Total payments must equal the

 

total offer amount.

 

Reminder: The initial payment and monthly payments are not required if you meet

 

the Low-Income Certification guidelines.

 

Generally, payments made on an offer will not be returned. You may make a

 

deposit, as described in Form 656, Section 5, which may be returned if the offer is

 

not accepted. If the IRS accepts your offer, your payments made during the offer

 

process, including any money designated as a deposit, will be applied to your offer

 

amount.

 

If you do not have sufficient cash to pay for your offer, you may need to consider

 

borrowing money from a bank, friends, and/or family. Other options may include

 

borrowing against or selling other assets.

 

If you are an individual, use the OIC Pre-Qualifier tool located on our website

 

at http://irs.treasury.gov/oic_pre_qualifier/ to assist in determining a starting

 

point for your offer amount.

 

Note: You may not pay your offer amount with an expected or current tax

 

refund, money already paid, funds attached by any collection action, or

 

anticipated benefits from a capital or net operating loss. If you are planning to

 

use your retirement savings from an IRA or 401k plan, you may have future tax

 

debt as a result. Contact the IRS or your tax advisor before taking this action.

3

HOW TO APPLY

Application Process

The application must include:

 

Form 656, Offer in Compromise

 

Completed and signed Form 433-A (OIC), Collection Information Statement for

 

Wage Earners and Self-Employed Individuals, if applicable

 

Completed and signed Form 433-B (OIC), Collection Information Statement for

 

Businesses, if applicable

 

$205 application fee, unless you meet Low-Income Certification Guidelines

 

Initial offer payment based on the payment option you choose, unless you

 

meet Low-Income Certification Guidelines

 

Note: Your offer(s) cannot be considered without the completed and signed

 

Form(s) 656, 433-A (OIC), 433-B (OIC) (if applicable), and supporting

 

documentation.

If You and Your Spouse Owe

If you and your spouse have joint tax debt(s) and you or your spouse are also

Joint and Separate Tax Debts

responsible for separate tax debt(s) (including Trust Fund Recovery Penalty), you

 

will each need to send in a separate Form 656. You will complete one Form 656

 

for yourself listing all your joint and any separate tax debts and your spouse will

 

complete one Form 656 listing all his or her joint tax debt(s) plus any separate tax

 

debt(s), for a total of two Forms 656.

 

If you and your spouse or ex-spouse have a joint tax debt and your spouse or ex-

 

spouse does not want to be part of the offer, you may submit a Form 656 to

 

compromise your responsibility for the joint tax debt.

 

Each Form 656 will require the $205 application fee and initial payment

 

unless you are an individual and meet the Low-Income Certification

 

guidelines.

If You Owe Individual and

If you have individual and business tax debt that you wish to compromise, you will

Business Tax Debt

need to send in two Forms 656. Complete one Form 656 for your individual tax

 

debts and one Form 656 for your business tax debts. Each Form 656 will require

 

the $205 application fee and initial payment.

 

Note: A business is defined as a corporation, partnership, or any business that is

 

operated as other than a sole-proprietorship. You may not compromise an

 

individual's share of a partnership debt. The partnership must submit its own offer

 

based on the partnership's and partners' ability to pay.

4

COMPLETING THE APPLICATION PACKAGE

Step 1 – Gather Your Information

Step 2 – Fill out Form 433-A (OIC), Collection Information Statement for Wage Earners and Self-Employed Individuals

To calculate an offer amount, you will need to gather information about your financial situation, including cash, investments, available credit, assets, income, and debt.

You will also need to gather information about your household's gross monthly income and average expenses. The entire household includes all those in addition to yourself who contribute money to pay expenses relating to the household such as, rent, utilities, insurance, groceries, etc. This is necessary for the IRS to accurately evaluate your offer. The IRS may also use this to determine your share of the total household income and expenses.

In general, the IRS will not consider expenses for tuition for private schools, college expenses, charitable contributions, and other unsecured debt payments as part of the expense calculation.

Fill out Form 433-A (OIC) if you are an individual wage earner, operate or operated as a sole proprietor, or are authorized to submit an offer on behalf of the estate of a deceased individual. If you are married but living separately from your spouse then you each must submit a Form 433-A (OIC). This will assist in the calculation of an appropriate offer amount based on your assets, income, expenses, and future earning potential. You will have the opportunity to provide a written explanation of any special circumstances that affect your financial situation.

Step 3 – Fill out Form 433-B (OIC), Collection Information Statement for Businesses

Fill out Form 433-B (OIC) if the business is a Corporation, Partnership, or LLC. This will assist in the calculation of an appropriate offer amount based on the business assets, income, expenses, and future earning potential. If the business has assets used to produce income (for example, a tow truck used in the business for towing vehicles), the business may be allowed to exclude equity in these assets.

Step 4 – Attach Required

You will need to attach supporting documentation with Form(s) 433-A (OIC) and

Documentation

433-B (OIC). See a list of the documents required at the end of each form. Include

 

copies of all required attachments. Do not send original documents.

Step 5 – Fill out Form 656, Offer in Compromise

Step 6 – Include Initial Payment and $205 Application Fee

Step 7 – Mail the Application Package

Fill out Form 656. The Form 656 identifies the tax years and type of tax you would like to compromise. It also identifies your offer amount and the payment terms.

Include a personal check, cashier's check, or money order for your initial payment based on the payment option you selected (20% of the offer amount for a lump sum cash offer or the first month's payment for a periodic payment offer). Generally, initial payments will not be returned but will be applied to your tax debt if your offer is not accepted.

Include a separate personal check, cashier's check, or money order for the application fee. Make both payments (in U.S. dollars) payable to the “United States Treasury”.

You may choose to make your initial offer payment and application fee through the Electronic Federal Tax Payment System (EFTPS).

Reminder: If you meet the Low-Income Certification guidelines DO NOT send any money.

Make a copy of your application package and keep it for your records.

Mail the completed application package to the appropriate IRS facility. See page 29, Application Checklist, for details.

Note: If you are working with an IRS employee, let him or her know you are sending or have sent an offer to compromise your tax debt(s).

5

IMPORTANT INFORMATION

After You Mail Your Application: We will contact you after we receive and review your offer application. Promptly reply to any requests for additional information within the time frame specified. Failure to reply timely will result in the return of your offer without appeal rights.

If the IRS accepts your offer, you must continue to timely file all required tax returns and timely pay all estimated tax payments and federal tax payments that become due in the future. If you fail to timely file and timely pay any tax obligations that become due within the five years after your offer acceptance (including any extensions) your offer may be defaulted. If the IRS defaults your offer, you will be liable for the original tax debt, less payments made, and all accrued interest and penalties. An offer does not stop the accrual of interest and penalties. Please note that if your final payment is more than the agreed amount, the IRS will not return the money but will apply it to your tax debt.

In addition, the IRS may default your offer if you fail to promptly pay any tax debts assessed after acceptance of your offer for any tax years prior to acceptance that were not included in your original offer.

6

Form 433-A (OIC)

(April 2021)

Department of the Treasury — Internal Revenue Service

Collection Information Statement for Wage Earners and

Self-Employed Individuals

Use this form if you are

An individual who owes income tax on a Form 1040, U.S. Individual Income Tax Return

An individual with a personal liability for Excise Tax

An individual responsible for a Trust Fund Recovery Penalty

An individual who is self-employed or has self-employment income. You are considered to be self-employed if you are in business for yourself, or carry on a trade or business.

An individual who is personally responsible for a partnership liability (only if the partnership is submitting an offer)

An individual who is submitting an offer on behalf of the estate of a deceased person

Note: Include attachments if additional space is needed to respond completely to any question. This form should only be used with the Form 656, Offer in Compromise.

Section 1

 

 

 

 

Personal and Household Information

 

 

 

 

 

Last name

 

First name

 

 

Date of birth (mm/dd/yyyy)

 

 

Social Security Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-

-

Marital status

 

Home physical address (street, city, state, ZIP code)

Do you

 

 

 

 

 

 

Unmarried

Married

 

 

 

 

 

 

 

 

Own your home

 

 

 

Rent

 

If married, date of marriage (mm/dd/yyyy)

 

 

 

 

 

 

 

 

Other (specify e.g., share rent, live with relative, etc.)

 

 

 

 

 

 

 

 

 

 

County of residence

 

Primary phone

 

 

Home mailing address (if different from above or post office box number)

 

 

 

 

(

)

-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Secondary phone

 

 

FAX number

 

 

 

 

 

 

 

 

 

 

(

)

-

 

(

)

-

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Provide information about your spouse.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Spouse's last name

 

Spouse's first name

 

Date of birth (mm/dd/yyyy)

 

 

Social Security Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

-

-

Provide information for all other persons in the household or claimed as a dependent.

 

 

 

 

 

 

 

 

 

Name

 

 

 

Age

 

Relationship

 

Claimed as a dependent

Contributes to

 

 

 

 

 

 

 

on your Form 1040

 

household income

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Yes

No

 

Yes

No

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2

 

 

 

Employment Information for Wage Earners

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Complete this section if you or your spouse are wage earners and receive a Form W-2. If you or your spouse have self-employment income (that is you file a Schedule C, E, F, etc.) instead of, or in addition to wage income, you must also complete Business Information in Sections 4, 5, and 6.

Your employer’s name

Pay period

Weekly

Bi-weekly

Employer’s address (street, city, state, ZIP code)

 

 

 

Monthly

Other

 

 

 

 

 

 

 

Do you have an ownership interest in this

If yes, check the business interest that applies

 

 

business

 

Partner

Sole proprietor

 

 

Yes

No

Officer (complete Form 433-B (OIC))

 

 

 

 

 

 

 

 

Your occupation

How long with this employer

 

 

 

 

 

 

 

(years)

(months)

 

 

 

 

 

 

 

 

Spouse’s employer's name

Pay period

Weekly

Bi-weekly

Employer’s address (street, city, state, ZIP code)

 

 

 

Monthly

Other

 

 

 

 

 

 

Does your spouse have an ownership

If yes, check the business interest that applies

 

 

interest in this business

Partner

Sole proprietor

 

 

Yes

No

Officer (complete Form 433-B (OIC))

 

 

 

 

 

 

 

 

Spouse's occupation

How long with this employer

 

 

 

 

 

 

 

(years)

(months)

 

 

 

 

 

 

 

 

Catalog Number 55896Q

 

www.irs.gov

 

 

Form 433-A (OIC) (Rev. 4-2021)

 

Page 2

Section 3

Personal Asset Information

 

 

Use the most current statement for each type of account, such as checking, savings, money market and online accounts, stored value cards (such as a payroll card from an employer), investment, retirement accounts (IRAs, Keogh, 401(k) plans, stocks, bonds, mutual funds, certificates of deposit) and virtual currency (such as Bitcoin, Ripple, Ethereum, etc.), life insurance policies that have a cash value, and safe deposit boxes. Asset value is subject to adjustment by IRS based on individual circumstances. Enter the total amount available for each of the following (if additional space is needed include attachments).

Round to the nearest dollar. Do not enter a negative number. If any line item is a negative number, enter "0".

Cash and Investments (domestic and foreign)

 

Cash

Checking

Savings

Money Market Account/CD

Online Account

Stored Value Card

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bank name

 

 

 

 

 

 

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1a)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Checking

 

Savings

Money Market Account/CD

Online Account

Stored Value Card

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bank name

 

 

 

 

 

 

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(1b)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total of bank accounts from attachment

(1c)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Add lines (1a) through (1c) minus ($1,000) =

(1)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment account

 

 

Stocks

 

 

Bonds

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Financial Institution

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value

 

 

 

 

 

 

 

 

 

 

 

Minus loan balance

 

 

 

 

$

 

 

 

 

 

 

X .8 = $

 

 

 

 

 

 

– $

 

 

 

=

(2a)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Investment account

 

 

Stocks

 

 

Bonds

 

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Financial Institution

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value

 

 

 

 

 

 

 

 

 

 

 

Minus loan balance

 

 

 

 

$

 

 

 

 

 

 

X .8 = $

 

 

 

 

 

 

– $

 

 

 

=

(2b)

$

 

 

 

 

 

 

 

 

 

 

 

 

Virtual currency

 

 

Name of virtual currency

 

Email address used to

Location(s) of virtual

 

 

 

 

 

 

 

 

wallet, exchange or digital

set-up with the virtual

currency

 

 

 

Type of virtual currency

 

 

 

 

 

currency exchange (DCE)

currency exchange or DCE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value in U.S. dollars as of today

 

 

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

X .8 = $

 

 

 

 

 

 

 

 

 

 

 

=

(2c)

$

 

 

 

 

 

 

 

 

 

 

 

Total investment accounts from attachment. [current market value minus loan balance(s)]

(2d)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Add lines (2a) through (2d) =

(2) $

Retirement account

401K

IRA

Other

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Name of Financial Institution

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Current market value

 

 

 

 

 

Minus loan balance

 

 

 

$

 

 

X .8 = $

 

 

 

– $

 

=

(3a)

$

 

 

 

 

 

Total of retirement accounts from attachment. [current market value X .8 minus loan balance(s)]

(3b)

$

 

 

 

 

 

 

 

 

 

 

 

 

 

Add lines (3a) through (3b) =

(3) $

Note: Your reduction from current market value may be greater than 20% due to potential tax consequences/withdrawal penalties.

Cash value of Life Insurance Policies

 

 

 

 

 

 

 

 

 

 

 

 

Name of Insurance Company

Policy number

 

 

 

 

 

 

 

 

 

 

Current cash value

Minus loan balance

 

 

 

$

 

– $

 

=

(4a)

$

 

 

 

 

 

Total cash value of life insurance policies from attachment

Minus loan balance(s)

 

 

 

$

 

– $

 

=

(4b)

$

 

 

 

 

 

 

 

 

 

Add lines (4a) through (4b) =

(4)

$

 

 

 

 

Catalog Number 55896Q

www.irs.gov

 

Form 433-A (OIC) (Rev. 4-2021)

Document Specs

Fact Name Description
Purpose of Form 656-B The Form 656-B, Offer in Compromise Booklet, is designed to help individuals and businesses that cannot fully pay their taxes to negotiate a settled amount that is less than the total owed to clear their debt.
Components This booklet contains the forms and instructions necessary for taxpayers to submit an offer in compromise to the IRS, including Form 656 and Form 433-A (OIC) for individuals or Form 433-B (OIC) for businesses.
Eligibility Criteria To be eligible for consideration, taxpayers must have filed all tax returns, made all required estimated tax payments for the current year, and made all required federal tax deposits for the current quarter if the taxpayer is a business owner with employees.
Application Fee and Payment An application fee is required to process Form 656-B, unless the taxpayer qualifies for the low-income certification, which waives the fee. Additionally, taxpayers must specify the payment terms for the offered amount.

Instructions on Writing IRS 656-B

Filling out the IRS 656-B form, an essential step for taxpayers seeking an offer in compromise, demands precision and attention to detail. It allows individuals to negotiate with the IRS to settle tax debts for less than the full amount owed, providing crucial relief for those under financial strain. Properly completing this form not only requires an understanding of one's financial condition but also an adherence to the protocol set by the IRS to ensure the offer is considered. Below are the steps to correctly fill out the form, designed to guide taxpayers through the process efficiently and effectively.

  1. Begin by carefully reading the IRS 656-B form instructions to ensure comprehension of all requirements and criteria for eligibility.
  2. Gather necessary financial documents, including bank statements, mortgage or rent statements, pay stubs, and any other documentation that accurately reflects your current financial status.
  3. Enter your personal information in the designated sections, including your full name, Social Security number (or employer identification number, if applicable), and complete mailing address.
  4. Detail your tax debt information for each tax form and period you're including in the offer. Make sure to specify the type of tax and the tax period accurately.
  5. Calculate your offer amount based on your disposable income and the value of your assets. The IRS provides formulas to help you determine a reasonable offer.
  6. Choose the payment terms for your offer. The IRS allows payment in a lump sum or through installment payments; decide which option best fits your financial situation and specify the timeframe and amount for your payments.
  7. Complete the Form 433-A (OIC) (for individuals) or Form 433-B (OIC) (for businesses), which require detailed financial information. This step is crucial, as the information provided will substantiate your offer amount.
  8. Read through the attestation section carefully, sign, and date the form. If you are filing jointly with your spouse, make sure both parties sign the document.
  9. Compile your application package, including the 656-B form, the associated 433 form(s), any required supporting documentation, and the application fee (if applicable).
  10. Lastly, mail your completed application package to the IRS address specified in the form's instructions for your geographic area.

After submitting your offer, the waiting begins. The IRS will review your application, a process that can take several months. During this time, it's paramount to stay current with any tax filings and payments not covered by your offer. Respond promptly to any requests from the IRS for additional information to keep the process moving. If your offer is accepted, adhere strictly to the agreed terms to prevent default, which could result in the reinstatement of the full original debt amount.

Understanding IRS 656-B

What is the IRS 656-B form?

The IRS 656-B form, also known as an Offer in Compromise booklet, is a document provided by the Internal Revenue Service. It is designed for taxpayers who cannot afford to pay their tax debt in full. This form allows individuals to propose a settlement to the IRS that is less than the total amount owed, on the basis of either doubt as to liability, doubt as to collectability, or effective tax administration.

Who is eligible to submit the IRS 656-B form?

Eligibility to submit the IRS 656-B form depends on several factors. Generally, taxpayers must have filed all required tax returns and made any estimated tax payments for the current year. Businesses with employees must have made all required federal tax deposits for the current and past two quarters. The IRS also requires that individuals not be in an open bankruptcy proceeding. The form assesses ability to pay, income, expenses, and asset equity to determine eligibility for an Offer in Compromise.

What are the components of the IRS 656-B form?

The IRS 656-B form booklet includes the Form 656, Offer in Compromise, alongside instructions for its completion. It also contains Form 433-A (OIC) for individuals or Form 433-B (OIC) for businesses, which are detailed financial statements used to assess the taxpayer's financial situation. Additionally, the booklet provides guidance on how to prepare the offer, necessary documentation, and the payment options available.

How are the payment terms for an Offer in Compromise determined?

Payment terms for an Offer in Compromise are primarily determined based on the taxpayer’s financial situation, including their ability to pay, income, expenses, and equity in assets. The IRS offers two payment options: Lump Sum Cash (payment in five or fewer installments within five months after the offer is accepted) and Periodic Payment (payment in six or more monthly installments within 24 months after the offer is accepted). The appropriate option will depend on the taxpayer's detailed financial analysis.

Can the IRS reject an Offer in Compromise?

Yes, the IRS can reject an Offer in Compromise. Common reasons for rejection include the offer being too low compared to the IRS’s assessment of the taxpayer's ability to pay, failure to comply with tax laws or filing requirements, or if the IRS believes that the taxpayer can pay the amount in full as a lump sum or through an installment agreement. In the case of rejection, taxpayers are notified in writing and given the right to appeal the decision within 30 days.

What are the consequences of an accepted Offer in Compromise?

When an Offer in Compromise is accepted by the IRS, the taxpayer is required to comply with all the terms of the agreement. This includes staying current with all filing and payment obligations. The taxpayer must also agree to allow the IRS to keep any tax refunds, payments, and credits applied to the tax debt for the calendar year the offer is accepted. Failure to adhere to these terms may result in the default of the agreement, and the IRS could then seek collection of the original tax debt.

How long does the Offer in Compromise process take?

The duration of the Offer in Compromise process can vary significantly from one case to another, often depending on the complexity of the taxpayer's financial situation and the IRS’s current caseload. On average, the process can take anywhere from four to eight months. However, more complicated cases may take longer. During this time, the IRS evaluates the offer, verifies information, and makes a determination. Taxpayers are advised to remain patient and respond promptly to any requests for additional information.

Common mistakes

One common mistake people make when filling out the IRS 656-B form, which is for an Offer in Compromise, involves incorrectly reporting their financial information. The accuracy of financial details such as income, expenses, and asset values is crucial. People often either underestimate or overestimate these values, which can lead to a rejection of their offer. The IRS requires precise information to make an informed decision, and providing inaccurate financial details can significantly impact the outcome of the application.

Another error that frequently occurs is not including necessary documentation. The IRS 656-B form requires various documents to support the information provided in the application. This can include proof of income, bank statements, and letters explaining financial hardship. Failing to attach all the required documents can delay the processing of the form or result in a denial. It's critical for individuals to thoroughly review the documentation checklist provided by the IRS to ensure they submit a complete application.

A third mistake is not considering all tax liabilities. When applying for an Offer in Compromise, individuals must include all tax liabilities in their application. Sometimes, people overlook or choose not to include certain tax years or types of tax in their offer. However, the IRS expects the offer to encompass all outstanding tax liabilities. Ignoring this requirement can lead to the outright rejection of the offer. Thus, ensuring that every tax liability is accounted for in the application is essential for a successful submission.

Lastly, people often set unrealistic offer amounts. While individuals naturally want to settle their tax liabilities for as little as possible, proposing an offer that is too low can result in a quick denial from the IRS. The offer must reflect the individual's true ability to pay, based on their financial situation. Setting an offer amount that is too low, without properly justifying it with financial evidence, demonstrates a misunderstanding of the process and can hinder the negotiation. It's important for individuals to assess their finances realistically and make a fair offer that aligns with the IRS's guidelines and expectations.

Documents used along the form

When dealing with tax issues, particularly those involving the need to negotiate with the Internal Revenue Service (IRS), it's vital to be well-prepared and have all necessary documents at hand. The IRS Form 656-B, part of the Offer in Compromise package, allows taxpayers to propose a settlement for less than the full amount owed. However, to complete this process efficiently and enhance the likelihood of a favorable outcome, a number of other documents and forms may also be required. Understanding these complementary documents helps ensure a comprehensive approach to resolving tax liabilities.

  • Form 433-A (OIC) - This form, the Collection Information Statement for Wage Earners and Self-Employed Individuals, provides the IRS with detailed information about the taxpayer's financial situation. It's crucial for calculating the reasonable collection potential, which helps determine the taxpayer's ability to pay the tax debt.
  • Form 433-B (OIC) - Similar to Form 433-A, but specifically designed for businesses. The Collection Information Statement for Businesses offers a detailed account of a business's financial status. This information is vital for the IRS in evaluating the offer based on the company's ability to pay.
  • Form 2848, Power of Attorney and Declaration of Representative - This form is important for taxpayers who wish to have a tax professional represent them in dealings with the IRS. It grants the designated individual(s) the authority to receive confidential information and act on the taxpayer's behalf.
  • Form 8821, Tax Information Authorization - Although not granting as broad powers as Form 2848, this form allows appointed individuals to view the taxpayer's IRS records. It's useful for preparatory purposes, allowing representatives to make informed decisions and advice.
  • Form 4506, Request for Copy of Tax Return - This form enables taxpayers to obtain past tax returns, which might be necessary for preparing accurate information on Form 656-B and supporting documents.
  • Form 4506-T, Request for Transcript of Tax Return - Providing a summary of tax return information, this form is often used to verify income and tax filing status. It's particularly useful when detailed financial analysis is required for the Offer in Compromise process.

Thorough preparation involves more than just completing the IRS Form 656-B; it requires gathering all pertinent documents that offer a full picture of the taxpayer's financial situation. Whether the need arises from individual tax liabilities or concerns a business, having these forms ready can significantly influence the negotiation outcome with the IRS. Addressing tax matters with a well-rounded collection of information not only facilitates a smoother process but also enhances the potential for a resolution that aligns with the taxpayer's capabilities and circumstances.

Similar forms

The IRS 656-B form, commonly known for its role in the Offer in Compromise program, serves as a gateway for taxpayers seeking relief from overwhelming tax debts. Similar in intent and structure, the IRS Form 9465, the Installment Agreement Request, allows taxpayers to propose a monthly payment plan for taxes owed. This form is rooted in the same principle of facilitating taxpayers' ability to manage debts, albeit tailored for those who can satisfy their liabilities over time rather than settling for a lesser amount upfront.

Equally aimed at providing tax relief, Form 433-A (OIC), or the Collection Information Statement for Wage Earners and Self-Employed Individuals, gathers detailed financial information to support an Offer in Compromise application. Like the 656-B, it requires a thorough disclosure of the applicant's fiscal state, but it zeroes in on personal finances, offering a meticulous portrait that the IRS uses to determine an individual's ability to pay.

The Form 433-B (OIC), a companion to the 433-A, targets businesses seeking similar relief through the Offer in Compromise. It collects comprehensive data on the business's financial health, mirroring the individual-focused form's intent to paint a complete picture of financial capabilities and limitations. These forms collectively work to lay a foundation for negotiating tax liabilities based on factual financial assessments.

Form 1127, Application for Extension of Time for Payment of Tax Due to Undue Hardship, shares a kinship with the 656-B by acknowledging situations where paying taxes as scheduled could create significant financial distress. While it does not reduce the amount owed, it offers a temporary reprieve, aligning with the 656-B's spirit of alleviating tax-induced stress on a taxpayer's finances.

The IRS Form 12153, Request for a Collection Due Process or Equivalent Hearing, also parallels the 656-B in its provision of a procedural recourse for taxpayers. This form can be used when facing a levy or lien, offering a platform for dispute that could lead to resolutions including, but not limited to, offers in compromise, installment agreements, or even innocent spouse relief, thus providing a multifaceted approach to tax resolution.

Similar in its approach to facilitate payment but distinct in its application, the Form 2159, Payroll Deduction Agreement, allows taxpayers to make payments towards their tax debt directly from their wages. This document underscores a commitment to ease the burden of tax liabilities by streamlining the payment process, reflecting the 656-B form's overarching goal of making tax obligations less onerous.

The Application for Reduced User Fee for Installment Agreements, known as Form 13844, serves individuals whose financial situation qualifies them for a reduction in the setup fees for installment agreements. This consideration for financial hardship underscores the same ethos found in the 656-B, which is to offer pathways to compliance that acknowledge and adapt to taxpayers' varying economic circumstances.

IRS Form 843, Claim for Refund and Request for Abatement, although primarily used to request refunds or abatements for certain taxes, penalties, fees, or interest, shares a conceptual similarity with the 656-B in that it provides taxpayers an opportunity to reduce their financial burdens. The form's role in rectifying overpaid taxes or fees dovetails with the 656-B’s aim of mitigating overwhelming tax liabilities.

Last, the Taxpayer Advocate Service (TAS) Request for Assistance, Form 911, while not a form for reducing tax liabilities directly, serves as a critical lifeline for taxpayers experiencing significant hardships or systemic issues with the IRS. This form embodies the principle of taxpayer support and advocacy, mirroring the 656-B's underlying objective of offering relief and a fair resolution to those overwhelmed by their tax situations.

Dos and Don'ts

Filling out the IRS 656-B form, which is an application for an Offer in Compromise, involves a detailed process. This guide helps individuals navigate the do's and don'ts while completing the form to make sure it is submitted correctly.

  • Do gather all relevant financial documents before starting the form. This helps provide accurate information regarding your financial situation.

  • Do read the instructions for the form thoroughly to understand the criteria for eligibility and the process of submission.

  • Do use the most current version of the form available on the IRS website to ensure compliance with the latest requirements.

  • Do consider seeking the advice of a tax professional or attorney if your financial situation is complex. An expert can provide valuable guidance through the process.

  • Don't omit any information reqired on the form. Complete honesty and transparency are critical when disclosing your financial status.

  • Don't guess or estimate figures. Use actual numbers from your financial records to avoid discrepancies that could lead to delays or rejection of your offer.

  • Don't ignore the submission deadlines. Timely submission is essential; late applications may not be considered.

  • Don't forget to sign and date the form. An unsigned form is incomplete and will be returned, delaying the process.

Approaching the IRS 656-B form with care and attention to detail is crucial. By following these guidelines, you increase the chances of a favorable outcome while adhering to federal requirements.

Misconceptions

The IRS 656-B form, often associated with the Offer in Compromise program, is surrounded by misconceptions. Understanding what it is and what it's not helps individuals navigate their tax situations more effectively. Here we outline four common misconceptions about this form.

  • Only People with Extreme Financial Hardships can Use Form 656-B: It's commonly thought that the IRS 656-B form is only for those in severe financial distress. While it's true that the form is part of the Offer in Compromise program, which helps taxpayers settle their debts for less than the full amount owed, it's not limited to extreme cases. The IRS considers each application on its individual merit, taking into account ability to pay, income, expenses, and asset equity.

  • Filing Form 656-B Means Immediate Tax Debt Forgiveness: Another misconception is that once Form 656-B is filed, tax debt is immediately forgiven. The process is more complex and requires the IRS to review the offer, a process that can take several months. Approval is not guaranteed and depends on meeting specific criteria set by the IRS.

  • Filing the Form Stops All Collection Activities: Some believe that as soon as Form 656-B is filed, all IRS collection activities stop. In reality, while filing an offer in compromise can halt certain collection efforts temporarily, it doesn't automatically stop all activities. The IRS may still proceed with actions like filing a Notice of Federal Tax Lien until the offer is accepted.

  • Form 656-B is the Only IRS Debt Relief Option: Lastly, there's a misconception that Form 656-B is the only route for those seeking relief from IRS debt. In fact, the IRS offers several programs for taxpayers struggling to pay their taxes, including installment agreements and temporary collection deferrals. Each option has its own qualifications and benefits, tailored to different financial situations.

Key takeaways

The IRS 656-B form, officially known as the Offer in Compromise booklet, is a critical document for individuals seeking a settlement with the IRS over tax liabilities. This process allows taxpayers to settle their tax debts for less than the full amount owed. Understanding the nuances of this form can greatly benefit those navigating this complex area of tax law. Here are several key takeaways about filling out and using the IRS 656-B form.

  • Eligibility Criteria Must Be Met: Before considering the 656-B form, ensure you meet the IRS's eligibility criteria. This typically involves being up-to-date with all filing requirements and making required estimated tax payments. Taxpayers in an open bankruptcy proceeding are not eligible.
  • Comprehensive Documentation: The 656-B form requires detailed information about your financial situation. This includes income, debts, expenses, and asset equity. Prepare to provide thorough documentation to support your application.
  • Application Fee and Initial Payment: When submitting the 656-B form, you're generally required to pay an application fee and an initial payment towards your tax debt. There are exceptions for low-income applicants and certain types of offers.
  • Different Payment Options: The form allows taxpayers to propose two types of payment options—lump sum cash offer and periodic payment offer. Your initial payment will vary depending on the option you select.
  • Use of Form 433-A (OIC) or 433-B (OIC): Alongside the 656-B, individuals or businesses must also fill out Form 433-A (OIC) or 433-B (OIC), providing detailed financial information. This helps the IRS determine your ability to pay.
  • Impact on Liens: Filing an offer in compromise does not automatically remove tax liens. The IRS may release a lien once the offer is accepted and the agreed sum is fully paid.
  • Long Processing Times: The review process for an Offer in Compromise is lengthy. Patience is necessary, as it can take several months for the IRS to make a decision.
  • No Further Debt Accumulation: While your offer is being reviewed, the IRS typically halts further collection activities. However, the legal assessment and collection period continues to run, and the IRS may apply any refund due to you towards your debt.

Successfully navigating the IRS 656-B form and the Offer in Compromise process requires careful attention to detail and patience. It offers a pathway to resolving tax liabilities for those who truly cannot afford to pay the full amount. However, it's advisable to consult with a tax professional or attorney to ensure that the application is properly completed and to maximize the chances of a favorable outcome.

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