What documents must be filed with an Offer based on Doubt as to Liability?
- David Greene
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Before I answer, I want to tell all my readers that the 2017 tax season will officially start on January 23 and the deadline for filing this year in April 18. The Offer in Compromise program is a voluntary program that is offered to taxpayers who are delinquent in their taxes. There are three types of offers, but the one you will submit is an Offer based on doubt as to liability. This means you do not believe you owe the tax the IRS is charging you. In this case you do not have to submit any financial information. However, you do have to give a detailed explanation why you are not liable for the tax and submit supporting documentation to prove you are right. Also, there is no filing fee for this type of Offer. However, you must still offer to pay some amount. This is because there is always an uncertainty whether or not a tax court judge would find the taxpayer liable for the tax. Therefore, both you and the IRS are “gambling” on the outcome and both must be willing to compromise to obtain a sure result.