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Writer's pictureJames Heinz

IRS Tax Debt Relief and Forgiveness Programs

The IRS (Internal Revenue Service) is the federal agency responsible for collecting taxes and enforcing tax laws in the United States. It operates under the Department of the Treasury and oversees various tax-related activities, including processing tax returns, collecting taxes, issuing tax refunds, and administering tax benefits and relief programs.


The IRS also provides guidance on tax laws and offers support to individuals and businesses in complying with their tax obligations. Additionally, it plays a key role in investigating tax fraud and ensuring that the U.S. tax system functions smoothly and fairly.


As of 2024, the IRS offers tax debt relief options like Installment Agreements and Offer in Compromise, reducing liabilities by $220 million. Additionally, $1 billion in penalty relief will benefit 4.7 million taxpayers affected by the pandemic​. 


Internal Revenue Service: An Overview



The IRS offers various programs to help manage tax debt, including Installment Agreements, Offer in Compromise, Currently Not Collectible (CNC) status, and Penalty Abatement. Each option is designed to make paying taxes more manageable over time or to reduce the total debt owed​. 


These programs aim to prevent severe consequences like wage garnishment, tax liens, and asset seizures. By providing taxpayers with manageable payment options, the IRS can collect owed amounts while preventing financial ruin for individuals and businesses.


If you’re facing financial hardship, it's crucial to explore available IRS tax relief programs. Taking proactive steps can prevent escalating penalties, reduce stress, and ensure you remain in good standing with the IRS. 


Eligibility for IRS Debt Relief Programs


To qualify for IRS tax debt relief programs, applicants must meet specific criteria based on the type of relief sought. These include factors like the amount of tax owed, financial status, and compliance with tax obligations. The programs are tailored to help those genuinely unable to pay their full tax debt.


Common Eligibility Criteria for IRS Tax Debt Relief Programs

  1. Financial HardshipTaxpayers must demonstrate that paying their full tax debt would cause financial strain, making it difficult to afford essential living expenses.

  2. Tax Debt AmountPrograms like Installment Agreements typically require the tax debt to be under $50,000, while other relief options may have different thresholds.

  3. Current Tax Filing StatusApplicants must have all required tax returns filed and current to qualify for any IRS debt relief program.

  4. Future Tax ComplianceParticipants in relief programs must commit to staying compliant with future tax filings and payments to avoid disqualification.

  5. Proof of Inability to PayFor options like Offer in Compromise, taxpayers need to provide proof that they cannot reasonably pay the total tax debt based on their financial situation.

These criteria help ensure relief is provided to those who genuinely need it and are committed to complying with tax regulations.


Financial Hardship as a Primary Criterion


Financial hardship is a key eligibility factor for IRS tax debt relief programs like Offer in Compromise (OIC) and Currently Not Collectible (CNC) status. This criterion applies when taxpayers demonstrate that paying the full tax amount would significantly affect their ability to meet essential living expenses, such as housing, food, healthcare, and utilities.


The IRS evaluates each applicant's financial situation, considering their income, expenses, asset equity, and overall ability to pay. If it’s determined that full payment would create undue economic hardship, the taxpayer may qualify for reduced debt settlements or temporary relief from collections.


This requirement ensures that relief is granted to those who truly need it, providing them with manageable solutions to avoid more severe consequences, like wage garnishment or bank levies.


Compliance Requirements for IRS Tax Debt Relief

  1. Up-to-Date Tax FilingsAll required tax returns must be filed for the current and previous years before applying for any IRS debt relief programs.

  2. Current Tax PaymentsTaxpayers must be current with estimated tax payments for the year, especially if self-employed, to remain eligible for relief programs.

  3. No Defaulting on AgreementsIf participating in a relief program, taxpayers must stay compliant with payment terms and not default on any installment plans.

  4. Future Tax ComplianceAfter receiving relief, taxpayers are required to comply with all future tax filing and payment obligations to avoid penalties or losing relief eligibility.


These compliance measures ensure that taxpayers are meeting their obligations while seeking or receiving IRS debt relief.


While ensuring compliance is critical to maintaining eligibility for IRS debt relief, having a payment plan in place can significantly ease the burden, this is where IRS Installment Agreements come into play, providing short-term and long-term options to help taxpayers manage their tax debt over time, offering flexibility based on individual circumstances.


IRS Installment Agreements: Types for Short-Term and Long-Term Payments



As of 2024, the IRS offers several Installment Agreement options to help taxpayers manage their outstanding tax debts by making monthly payments rather than paying the full balance upfront. These agreements are flexible and cater to both short-term and long-term needs, depending on the taxpayer's ability to pay and the amount of debt owed.


Types of Installment Agreements

  1. Short-Term Installment AgreementThis plan is designed for taxpayers who can pay off their debt within 120 days. No setup fee is required for this option, and it’s available for taxpayers who owe less than $100,000 in combined taxes, penalties, and interest. This short-term plan is ideal for smaller debts or when taxpayers expect a temporary cash flow issue.

  2. Long-Term Installment AgreementFor taxpayers who need more time, a long-term plan allows payment over a period longer than 120 days, typically through monthly payments. This option is available for those who owe less than $50,000 in combined taxes, penalties, and interest. A setup fee may apply, but taxpayers can reduce this fee by opting for automatic payments through a Direct Debit Installment Agreement (DDIA). According to the IRS, around 1.5 million new or modified installment agreements were started or updated in 2021, showing the popularity of this option for long-term debt management​. 

These agreements provide relief by making tax debt payments more manageable over time and help taxpayers avoid severe actions like wage garnishment or tax liens.


Managing long-term debt can be challenging, but installment agreements make it easier by breaking down payments into manageable amounts. 


These agreements not only prevent severe IRS actions but also offer multiple benefits. Let’s explore the advantages of using installment plans to handle tax debt while protecting your financial stability effectively.


Benefits of Installment Agreements in Managing Debt

  1. Flexible Payment OptionsTaxpayers can spread their payments over time, reducing the financial burden of paying a large sum all at once.

  2. Avoidance of Collection ActionsEnrolling in an installment agreement can help avoid harsh IRS collection actions like wage garnishment or tax liens.

  3. Reduced Penalties and InterestWhile penalties and interest continue to accrue, installment agreements can reduce the penalties compared to ignoring the debt altogether.

  4. Improved Credit StandingBy addressing tax debt proactively through a structured plan, taxpayers can improve their credit rating over time.

  5. Easier Budget ManagementThe ability to pay off tax debt in smaller, manageable monthly amounts allows for better overall budget planning.


Accrued Interest and Possible Penalties on IRS Tax Debt

When taxpayers enter an installment agreement, it's important to understand that while they gain flexibility in payments, interest and penalties still accrue on the outstanding debt. Here's a breakdown of how these costs accumulate and the potential financial implications.


Accrued Interest

The IRS charges interest on unpaid tax debt until the balance is paid in full. This interest rate is determined quarterly and is typically the federal short-term interest rate plus 3%. Interest accrues daily on the outstanding amount, which means that the longer the debt remains unpaid, the more interest builds up.


Possible Penalties

In addition to interest, penalties can also be added to the tax debt. Common penalties include:

  • Failure-to-pay penalty: This is generally 0.5% of the unpaid taxes for each month the debt remains unpaid, up to a maximum of 25% of the total amount owed.

  • Failure-to-file penalty: If the tax return wasn’t filed on time, an additional penalty of 5% per month is charged, also up to 25%.

These penalties can significantly increase the total amount owed, making it important for taxpayers to stay on top of their payment plans and avoid missing filing deadlines.


While penalties and interest can cause tax debt to grow quickly, taxpayers facing financial hardship may find relief through programs like Offer in Compromise (OIC). This option allows eligible individuals to settle their tax debt for less than the full amount owed, offering a manageable solution when full payment is not possible.


Offer in Compromise (OIC)


The Offer in Compromise (OIC) is an IRS tax relief program that allows taxpayers to settle their tax debt for less than the full amount owed. This program is typically available for individuals or businesses experiencing financial hardship who are unable to pay their full tax liability. The IRS evaluates an OIC based on a taxpayer’s income, expenses, asset equity, and overall ability to pay.


How it Works:

Taxpayers must submit an offer amount that they believe is reasonable, given their financial situation. The IRS assesses whether the offer represents the most they can collect within a reasonable timeframe. If approved, the taxpayer agrees to pay the reduced amount either in a lump sum or through installment payments.


Key Eligibility Criteria:

  • Inability to Pay in Full: The taxpayer must prove that they cannot pay their full tax debt through any means.

  • Complete Tax Filing: All required tax returns must be filed up to date.

  • Estimated Payments: The taxpayer must stay current with estimated tax payments during the OIC process.

While the OIC is a great option for those in financial distress, it's important to note that it is not guaranteed. In 2024, the IRS accepted about 30% of the OIC proposals submitted.


While the Offer in Compromise can reduce your debt, it is not guaranteed and only benefits a fraction of applicants. For those unable to qualify, Currently Not Collectible (CNC) status offers temporary relief by halting collections, though interest and penalties continue to accumulate during this period.


Shepherd Outsourcing acts as an intermediary, reducing debtors' stress and facilitating more favorable settlement terms​. Talk to us now! 


Currently Not Collectible (CNC) Status



The Currently Not Collectible (CNC) status is a relief option provided by the IRS for taxpayers who are unable to pay their tax debt due to significant financial hardship. While it temporarily halts collection efforts, it does not eliminate the tax debt, and penalties and interest continue to accrue. Below are the conditions and important aspects of CNC status.


Conditions Under Which CNC Status May Be Granted

To qualify for CNC status, taxpayers must prove to the IRS that paying their tax debt would create undue financial hardship, meaning they wouldn’t be able to cover basic living expenses such as housing, food, utilities, and transportation. The IRS reviews the taxpayer’s financial situation, including:

  • Income and expenses: The IRS compares monthly income against allowable living expenses to determine if the taxpayer has any disposable income.

  • Assets: The IRS will also look at the value of the taxpayer’s assets, such as property or investments, to assess whether they could be sold to cover the debt.

If the IRS determines that paying the debt would compromise the taxpayer's ability to meet basic needs, CNC status may be granted.


Understanding That Debt Is Not Reduced and Interest/Penalties Continue to Accrue

One crucial point to understand about CNC status is that while collection actions are temporarily suspended, the tax debt itself is not forgiven or reduced. Interest and penalties on the unpaid tax debt continue to accumulate during the time the account is in CNC status. This means that even though no payments are being made, the overall amount owed may increase over time due to these additional charges.


However, the advantage of CNC status is that it prevents the IRS from taking immediate action like wage garnishment, property liens, or bank levies while the taxpayer is in financial hardship.


Importance of Regular Income Reviews by the IRS

Once CNC status is granted, the IRS will periodically review the taxpayer's financial situation to determine if it has improved. If the taxpayer's income increases or their financial situation changes, the IRS may reassess the taxpayer's ability to pay. This could lead to the CNC status being removed, and collection activities might resume.


Therefore, it’s important for taxpayers to be aware that CNC status is not a permanent solution. If their financial situation improves, they may be required to start paying their tax debt again, either through an installment plan or other means. Regular income reviews are part of the IRS's process to ensure that CNC status is only applied to taxpayers who are truly unable to pay their debt at the time.


By understanding these aspects of CNC status, taxpayers can better navigate the options available to them while facing tax debt challenges.


Penalty Abatement Options


The IRS provides several options for penalty abatement to help taxpayers reduce or eliminate penalties that may have been assessed due to late filings, late payments, or other tax-related issues. Penalties can add significantly to the total tax debt, so understanding when and how penalty abatement can be applied is essential for taxpayers seeking relief.


Circumstances Under Which IRS Penalty Abatement May Be Granted

Penalty abatement may be granted in specific situations where the taxpayer can demonstrate a valid reason for failing to meet their tax obligations. Some common circumstances include:

  • First-Time Penalty Abatement: Taxpayers with a clean compliance history may be eligible to have penalties waived for their first offense.

  • Reasonable Cause: If the taxpayer can show that they failed to comply due to circumstances beyond their control, such as a serious illness, natural disaster, or unavoidable absence.

  • IRS Error: If the penalty resulted from incorrect information or advice provided by the IRS, the taxpayer may be eligible for abatement.

In each of these cases, the IRS requires documentation to support the taxpayer's claim.


Types of Penalty Relief

  • First-Time Penalty Abatement (FTA)The First-Time Penalty Abatement is available to taxpayers who have a good track record of filing and paying their taxes on time. If you have been in compliance for the past three years, you can request an abatement for penalties related to late filing, late payment, or failure to deposit. This relief does not apply to interest, but it can significantly reduce penalties.

  • Reasonable Cause ReliefReasonable cause relief is granted when a taxpayer can show that they exercised ordinary care in attempting to comply with the tax laws but were prevented from doing so by circumstances beyond their control. This could include events like the death of a close family member, a severe illness, or a disaster that directly impacted the ability to meet tax obligations.

  • Statutory ExceptionIn rare cases, penalties may be abated if they were assessed based on erroneous information provided by the IRS or due to a tax law change that affected the taxpayer's ability to comply with the regulations.

Each type of relief has its own criteria, but all require the taxpayer to be in compliance with their current filings and payments.


Requirements for Demonstrating Reasonable Cause for Relief

To qualify for reasonable cause relief, taxpayers must provide documentation and a clear explanation of why they failed to meet their tax obligations. Some of the factors the IRS will consider include:

  • Circumstances Beyond Control: Taxpayers need to show that they encountered an event that made it impossible to comply, such as a natural disaster, a fire, or a significant health crisis.

  • Ordinary Business Care and Prudence: The IRS will look at whether the taxpayer took reasonable steps to comply, such as attempting to file an extension or making partial payments, even during difficult circumstances.

  • Evidence: Taxpayers must provide supporting evidence such as medical records, insurance claims, or documentation of the event that led to the noncompliance.

Additionally, taxpayers must demonstrate that the noncompliance was temporary and that they are now back in compliance with current tax obligations.


By understanding the various penalty abatement options available, taxpayers can better manage their tax debt and potentially reduce their financial burden if they can show reasonable cause or take advantage of the First-Time Penalty Abatement.


How to Apply for IRS Debt Relief Programs? 

  1. Choose the Appropriate Program: Identify which IRS relief program (Installment Agreement, Offer in Compromise, Currently Not Collectible, etc.) best fits your financial situation.

  2. Fill Out the Required Forms: Complete the necessary IRS forms, such as Form 9465 for Installment Agreements or Form 656 for an Offer in Compromise.

  3. Submit Supporting Documents: Include financial documentation, like income statements, expenses, and assets, to prove your eligibility for relief.

  4. File the Application: Submit the completed forms and supporting documents either online through the IRS website or via mail.

  5. Wait for IRS Review: The IRS will review your application and may request additional information before making a decision.

  6. Stay Compliant: Ensure that all your tax returns are up-to-date and you continue to meet any ongoing tax obligations during the review process to avoid disqualification.


Conclusion

In conclusion, proactive steps to manage IRS debt are crucial in minimizing financial strain. Maintaining open communication with the IRS can prevent escalated actions while exploring all available relief options ensures you choose the best solution for your situation. Acting early can lead to better outcomes.


Shepherd Outsourcing helps with debt settlement by negotiating with creditors to reduce the total amount owed, offering tailored debt management plans, ensuring legal compliance, and providing financial counseling. They act as intermediaries, reducing stress for debtors and facilitating more favorable settlement terms​. Book a Demo Here!

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