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Anita George

Offer in Compromise options for relatives deported from US who still owe taxes

Hey everyone, I'm in a complicated situation and could really use some advice. My aunt and uncle had to leave the US back in 2019 (not exactly deported, but they were asked to leave and did so voluntarily). The problem is they left in late 2019 and never filed their taxes for that year. Now the IRS shows they owe around $16K in back taxes. They're now living in their home country with my aunt's sister, basically with no income of their own. They're both in their mid-60s this year. Due to their immigration status issues, they can't return to the US until at least 2029-2030. My aunt does have a pending U-visa application, but who knows when anything will happen with that. What I'm trying to figure out is how an Offer in Compromise would work for them since they're not physically in the US? They do own a house here (still under mortgage) and my cousin (their son) makes the monthly payments since he's also on the deed. My aunt and uncle don't contribute to the mortgage payments at all (they simply can't afford to). Would filing an OIC help in their situation? I'm worried the IRS might come after the house that's in both their names and my cousin's name. Do they even have a realistic chance of getting an OIC approved while they're outside the country? I'm really confused about how this process would work since they're not physically present in the States. Any insights would be super helpful!

This is definitely a complex situation, but there are some options available. An Offer in Compromise could potentially work for your aunt and uncle, even though they're currently outside the US. The IRS considers several factors when evaluating an OIC application, with the primary consideration being the taxpayer's ability to pay. Since your relatives have limited income and assets, they might qualify under the "Doubt as to Collectibility" basis, which is used when the taxpayer can't afford to pay the full tax debt. Regarding the house, the IRS might consider it as an asset in the OIC calculation, even though it's jointly owned with your cousin. However, they typically only consider the taxpayer's equity in the property (market value minus mortgage balance), and then only their proportional share of that equity. Your aunt and uncle would need to complete Form 433-A (OIC) which details their financial situation, along with Form 656 to actually submit the offer. They would need to be current with all required tax filings before submitting an OIC. Since they're outside the US, they'd likely need to designate a power of attorney (Form 2848) to handle communications with the IRS. Being outside the US doesn't automatically disqualify them from an OIC, but it does add complexity to the process.

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Anita George

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Thanks for the info! Do they need to file the missing 2019 tax return before submitting the OIC? And would their current residency abroad affect how the IRS evaluates their living expenses? I'm wondering if the "doubt as to collectibility" would be stronger since they literally can't work in the US.

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Yes, they absolutely need to file the missing 2019 tax return before submitting the OIC. The IRS won't consider an Offer in Compromise unless all required tax returns have been filed, so that's a necessary first step. Regarding their current residency abroad, the IRS does take into account actual living expenses when calculating an ability to pay. Their inability to work in the US due to their immigration status would be relevant to their overall financial situation and could strengthen their "doubt as to collectibility" case. The IRS would look at their current income and expenses where they reside now, not what their expenses would be if they lived in the US.

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Logan Chiang

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I wanted to share something that helped me tremendously with a similar situation. My parents had tax issues after leaving the US and I was completely lost trying to navigate the IRS maze. I finally found https://taxr.ai and it was a game-changer for our complicated tax situation. What's great about it is they specialize in analyzing your specific tax situation, including international aspects. I uploaded my parents' tax documents and got a personalized analysis that walked me through exactly what options were available, including whether an Offer in Compromise made sense and what documentation would be needed. The system even helped me understand how the IRS would likely view their assets and what a reasonable offer amount might be. This was invaluable since we were trying to handle everything from overseas.

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Isla Fischer

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Did they actually help with the OIC paperwork? I'm in a similar boat and those forms are intimidating. Also, how did they handle the communication with IRS since your parents weren't in the country?

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I'm skeptical about these online services. The IRS is super picky about OICs and rejects like 60% of them. Did they give you actual personalized advice or just general info you could find anywhere?

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Logan Chiang

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They didn't complete the paperwork for us, but they provided a detailed guide for each form including common mistakes to avoid and what supporting documentation would strengthen our case. This made filling out the forms much more manageable. For the communication issue, they recommended setting up proper power of attorney documentation and helped identify what specific language to use to explain the situation to the IRS. They also provided talking points for explaining the unusual circumstances, which was incredibly helpful since the standard IRS processes don't always account for people who've left the country.

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I just wanted to follow up about my experience with taxr.ai since I was skeptical at first. After struggling with my parents' tax situation for months, I decided to give it a try since nothing else was working. What surprised me was how they analyzed the specific details of our international tax situation. The assessment showed me exactly what the IRS would be looking for in an OIC application for someone outside the country, including asset valuation and reasonable collection potential calculations. Their breakdown of how joint property ownership impacts an OIC was particularly helpful. It saved us from making a major mistake in how we presented my parents' interest in their US property. The guidance was specific to our situation, not just generic tax advice, and it made a huge difference in our approach. For anyone handling tax issues for family members who've left the US, it's definitely worth checking out.

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Ruby Blake

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Hey there, I went through something similar with my brother who had to leave the country with tax debt. The most frustrating part was trying to communicate with the IRS from abroad - it was nearly impossible! After weeks of unanswered calls and getting disconnected, I discovered https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They basically hold your place in the IRS phone queue and call you when an agent is about to answer. For an OIC situation like yours where you really need to speak with someone who understands the nuances, this was invaluable. I was able to get through to the OIC pre-qualification department and get specific guidance on how to approach a case for someone who's no longer in the country. The IRS agent I finally spoke with gave me crucial information about handling power of attorney for my brother and what specific documentation would strengthen his case given his inability to return to the US.

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How exactly does this work? Do they just call the IRS for you? Couldn't you just keep calling yourself until you get through?

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Ella Harper

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This sounds like a scam tbh. Why would you need a service to call the IRS? Plus the IRS specifically says on their website that they don't endorse any third-party services for contacting them.

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Ruby Blake

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It's not that they call the IRS for you - you still need to make the call yourself. What they do is use technology to stay on hold in the IRS queue for you. When they detect that an agent is about to pick up, they call your phone and connect you with the IRS agent. This way you don't have to personally wait on hold for hours. I tried calling myself repeatedly for weeks. The problem isn't just getting through - it's staying on hold for 2-3+ hours, often getting disconnected, and then having to start all over. When you're trying to resolve complex international tax issues like an OIC for someone outside the country, these calls are absolutely necessary but nearly impossible to complete without help.

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Ella Harper

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I need to apologize and update my skeptical comment about Claimyr. I was totally wrong about it being a scam. After continuing to fail getting through to the IRS myself (got disconnected FOUR times after waiting over an hour each time), I reluctantly tried the service. It worked exactly as described. I entered my number on their site, they called me when an agent was ready (after about 1.5 hours), and I was connected directly to an IRS representative who specialized in international taxpayer issues. I didn't have to sit by my phone the entire time. The agent I spoke with gave me critical information about how the OIC process works for taxpayers outside the US, including specific documentation requirements and how they assess ability to pay for non-residents. She also explained how they view jointly-owned property in these situations, which was exactly what I needed to know. Sometimes being proven wrong is actually the best outcome. This saved me countless hours of frustration.

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PrinceJoe

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One thing I haven't seen mentioned yet - your aunt and uncle should consider filing IRS Form 911 (Taxpayer Advocate Service) along with their OIC application. My parents were in a similar situation (though they were in Canada, not deported) and the Taxpayer Advocate really helped navigate the unique circumstances. The Taxpayer Advocate Service can sometimes intervene when there are special circumstances like being unable to return to the US due to immigration issues. They have more flexibility than regular IRS agents to consider unique situations. Also, make sure to emphasize in the OIC application that your aunt and uncle CANNOT return to the US to earn income to pay the debt. That "economic hardship" angle can be persuasive in these cases.

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Is there a way to contact the Taxpayer Advocate Service from outside the US? And do they actually have the authority to help with cases involving deportation or does that create complications?

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PrinceJoe

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Yes, the Taxpayer Advocate Service can be contacted from outside the US. There's an international taxpayer advocate office specifically for taxpayers living abroad. They can be reached at 787-522-8601, or you can submit Form 911 by mail or fax. The Taxpayer Advocate absolutely has authority to help with tax issues regardless of immigration status. Their role is to ensure fair treatment of taxpayers facing significant hardship, and inability to return to the US due to immigration issues certainly qualifies as a hardship when it affects one's ability to pay taxes. They don't handle the immigration matters themselves, but they can advocate for reasonable tax solutions given those circumstances.

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Owen Devar

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Don't forget about the implications for future immigration status! When my cousin applied for reentry after a deportation, the immigration officers specifically looked at whether he had resolved his tax issues. Make sure your aunt and uncle understand that handling this tax debt properly now (even if through an OIC) could impact their ability to return to the US later. Unresolved tax debt can be considered in immigration proceedings as a negative factor. I'd strongly suggest consulting with both a tax professional AND an immigration attorney since these issues are intertwined. The approach to the OIC could have implications for the pending U-visa application.

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Anita George

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That's a really important point I hadn't considered. Do you know if accepting an OIC would be viewed negatively on future immigration applications? Or is it better than having unpaid tax debt?

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Owen Jenkins

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An accepted OIC is generally viewed more favorably than unpaid tax debt in immigration proceedings. Immigration officers want to see that you've resolved your tax obligations, even if through a compromise. Having an active tax debt shows you haven't addressed your responsibilities, while an OIC shows you took steps to resolve the situation within your financial means. For the U-visa specifically, demonstrating good moral character is important, and resolving tax issues (even through compromise) supports that. Just make sure to keep all documentation showing the OIC was accepted and paid in full - you'll likely need this for future immigration applications. The key is being proactive about resolving the debt rather than ignoring it. Immigration attorneys often recommend getting tax issues cleared up before proceeding with major immigration applications.

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