Will the IRS keep your tax refund even after you successfully negotiate an Offer in Compromise?

Will the IRS keep your tax refund even after you successfully negotiate an Offer in Compromise?

  • August 8, 2017
  • David Greene
  • Comments Off on Will the IRS keep your tax refund even after you successfully negotiate an Offer in Compromise?

The Offer in Compromise is a contract between the taxpayer and the IRS.  The taxpayer promise to do certain things and the IRS promises to do (write off part of the debt) or not do (levy assets) certain things.  One of the terms of the contract is that the IRS will keep any refund the taxpayer receives for the year in which the Offer was accepted.  If, for example, the Offer was accepted in 2016 they are allowed by the contract to keep the taxpayer’s 2016 refund.  This is the only one they will keep.  The taxpayer will receive his 2017 refund (if he gets one).  One of the most important obligations under the contract is that the taxpayer has to stay current with all tax filings and payments for a period of five years after the Offer is accepted.  Otherwise the Offer is null and void.  All of the terms are listed in the acceptance letter from the IRS.

 

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