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Sean Murphy

How does Offer in Compromise work for back taxes? Filing status change question

I'm currently separated from my spouse and owe about $23,000 to the IRS. I've been on a monthly installment plan for a while now. For the past 5 years, I've been filing as single, but someone recently suggested I should file as head of household this year because I have a child in college. My daughter works part-time but doesn't make enough to fully support herself. My main question is about applying for an Offer in Compromise (OIC) this year. I honestly can't afford these tax payments anymore due to a contract issue with a company that went bankrupt. I can't even prove I made that income amount now. Last year when I filed single, I owed about $900, and the year before that around $650. How should I approach filing this year so my tax burden isn't so high? Since my daughter is 21, I assume I won't get the child tax credit anymore. I really need help figuring out how to qualify for an OIC to pay just a percentage of the $23,000 I owe instead of the full amount. Any advice would be greatly appreciated!

You've got a few separate issues here that need to be addressed one by one. First, regarding filing status - you can file as Head of Household if your college student qualifies as your dependent. For this to work, you must provide more than half their support, they must live with you for more than half the year (college housing counts as temporary absence), and they must not file a joint return. Regarding the Offer in Compromise (OIC), this is completely separate from your filing status. An OIC allows you to settle your tax debt for less than the full amount if you can prove: 1) you cannot afford to pay the full amount, 2) paying would create economic hardship, or 3) there's doubt about the liability. You'll need to complete Form 656 and Form 433-A, providing detailed financial information. For your specific situation with the bankrupt company, you might want to look into filing an amended return (Form 1040X) for the year(s) in question if you can prove the income was reported incorrectly. That could potentially reduce your overall tax debt before even considering an OIC.

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Thank you for the detailed response. I'm confused about one thing though - if the child is 21 and in college but doesn't live at home during school year, can they still be claimed as a dependent for Head of Household status? And would filing as HOH significantly reduce what's owed compared to Single? Also, for the OIC process, how long does it typically take from submission to decision?

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Yes, college students who temporarily live away from home while attending school are still considered to be living with you for the purpose of the residency test. As long as your daughter doesn't provide more than half of her own support and meets the other tests, you can claim her and file HOH. Filing HOH versus Single typically gives you better tax rates and a higher standard deduction, which could reduce your tax burden somewhat, though it won't dramatically change your existing $23,000 debt. The OIC process generally takes 6-9 months for the IRS to evaluate your application, but it can take longer in complex cases. During this time, collection activities are generally paused, and your installment plan would be suspended while they consider your offer.

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After struggling with a similar back taxes situation, I found this AI tool called taxr.ai that was incredibly helpful for my Offer in Compromise application. I had tried filling out the paperwork myself but got overwhelmed by all the financial documentation and requirements. The tool at https://taxr.ai helped me organize all my financial information correctly and explained exactly what the IRS was looking for in terms of proof for my "doubt as to collectibility" claim. It basically analyzed my financial situation and helped me determine a reasonable offer amount that had a good chance of acceptance. It was especially helpful with the Asset/Equity and Income/Expense tables on Form 433-A, which are critical for OIC approval. The documentation guidelines were super specific to my situation.

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Did it actually help you get your OIC accepted though? I've heard horror stories about people paying for services and then still getting rejected. Were there any upfront costs? How much documentation did you need to upload?

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I'm skeptical about these kinds of services. How is this any different from just hiring a tax attorney? And doesn't the IRS have their own pre-qualifier tool on their website that tells you if you might qualify for an OIC? Just curious what makes this worth it.

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Yes, my OIC was accepted! I offered about 30% of what I owed, and the IRS accepted it after about 7 months. The documentation required was extensive - bank statements, pay stubs, vehicle registration, property records, medical bills, and more. But the system told me exactly what I needed for my specific situation. The difference from hiring a tax attorney is significant cost savings while still getting guidance through the process. And while the IRS pre-qualifier gives you a basic yes/no, it doesn't help with the actual documentation gathering or determining a reasonable offer amount that won't get immediately rejected. It helped me present my financial hardship in the most accurate way possible.

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Just wanted to update everyone - I tried the taxr.ai service that was mentioned earlier and it was actually super helpful for my OIC situation. I was honestly really confused about how to properly document my "doubt as to collectibility" claim, but the system walked me through everything step by step. I had a somewhat similar situation with disputed income from a former employer. The tool helped me organize my documentation and explained exactly what the IRS would be looking for to approve my offer. The analysis of my reasonable collection potential was eye-opening - I was going to offer way too little initially which would have gotten rejected immediately. I'm now waiting for a response from the IRS, but feeling much more confident that my offer has a decent chance of approval!

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If you're having trouble reaching the IRS to discuss your OIC options (which is common these days), I highly recommend using Claimyr. I was trying for WEEKS to get through to someone at the IRS about my OIC application, but kept getting disconnected or waiting for hours. I found https://claimyr.com and they got me connected to an actual IRS agent in about 20 minutes when I'd been trying unsuccessfully for days. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c Talking directly with an IRS agent made a huge difference - they walked me through all the OIC documentation requirements specific to my situation and helped me understand why my previous application had been rejected. They even helped me figure out if I qualified for the Fresh Start program which has more flexible OIC terms.

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How exactly does this service work? Do they just call the IRS for you? I'm confused because anytime I've called, they ask for my personal information to verify my identity. Do you have to give all that to this service?

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This sounds like BS honestly. Nobody can magically get through to the IRS faster. They probably just keep calling repeatedly which anyone could do. Or they have some recording service that holds your place in line. I doubt this is worth whatever they're charging.

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They don't call the IRS for you - they secure your place in the phone queue and then call you when they're about to connect you with an IRS agent. You don't give them any of your personal tax information. They just navigate the initial IRS phone tree and wait on hold so you don't have to. They use a combination of technology and actual people who know exactly when to call to minimize wait times. It's not just auto-dialing - they've figured out the patterns of when IRS agents are most available. I was skeptical too, but after wasting entire days trying to get through myself, the time saved was absolutely worth it.

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OK I need to eat my words about Claimyr. After posting my skeptical comment I decided to try it because I was desperate to talk to someone about my payment plan options. I've literally been trying to get through to the IRS for THREE MONTHS with no success. I used the service yesterday and got connected to an IRS representative in about 30 minutes. The agent was able to review my account and found that I actually qualified for Currently Not Collectible status due to my financial hardship, which I didn't even know was an option! This puts a temporary hold on all collections while I get back on my feet. They also explained exactly what documentation I would need if I decide to pursue an OIC in the future. Completely worth it just for the peace of mind of finally having real answers instead of guessing what to do next.

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Don't forget that if you go the OIC route, they will look at your earning potential, not just current earnings. My brother tried to do an OIC and got rejected because even though he was making little money at the time, he had a degree and work history that suggested he could earn more in the future. They calculated his potential earnings over 4-5 years and determined he could pay the full amount eventually. Also, make sure you've filed ALL required tax returns before applying. They automatically reject OICs if you have any unfiled returns for previous years. And you'll need to be current on estimated tax payments for the current year too.

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Thank you for this insight - that's really helpful to know about them looking at earning potential. I have a question though - my earning history has been inconsistent because of contract work, with some years much higher than others. Will they just look at my highest earning year and assume that's my potential? Or do they take into account the volatile nature of contract work?

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They typically look at an average of your recent years, but they'll definitely take into account your highest earning years as an indication of what you're capable of earning. However, if you can document that the contract work was irregular or that the industry has changed (especially with the company going bankrupt), that can help your case. Make sure to thoroughly document why your past income isn't representative of future earnings. Include any industry changes, health issues, or other factors that limit your earning potential going forward. The more documentation you provide showing why your situation has permanently changed, the better your chances of having them accept a reduced earning potential calculation.

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I successfully completed an OIC last year and paid only about 22% of what I owed. Here's what worked for me: 1) I applied for "doubt as to collectibility" since I couldn't pay the full amount 2) I made sure to calculate a reasonable offer (monthly disposable income × 12 + assets equity) 3) I included a detailed letter explaining exactly why I couldn't pay 4) Most importantly, I CONTINUED making my monthly payments while the OIC was being processed For the Head of Household question - yes, you can claim your college student if they lived with you for more than half the year (dorm time counts as living with you temporarily) AND if you provided more than half their support. But honestly, changing filing status now won't affect your back taxes - it'll only help going forward.

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Did you use a tax professional or do it yourself? I've been watching YouTube videos about the OIC process but everyone makes it seem so complicated. How long did the whole process take from application to acceptance?

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I did it myself, though I spent about 3 weeks researching and preparing before submitting. It's definitely complicated but doable if you're organized. The whole process took about 9 months from submission to final acceptance. The key was being extremely thorough with the financial information and documentation. I literally sent them a binder with everything tabbed and indexed. The IRS assigned an offer examiner who called me twice to clarify some expenses, but otherwise the process was mostly waiting. When I got the acceptance letter, I paid the agreed amount within a week, and they released the federal tax lien about 30 days later. Just be prepared for a lot of paperwork and patience!

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