What role does equity in assets play in an Offer in Compromise IRS evaluation?
What role does equity in assets play in an Offer in Compromise IRS evaluation?
Introduction:The Offer in
Compromise (OIC) program, which enables taxpayers to settle for less than they
owe, can be a lifeline for those who are struggling with excessive IRS debt. Nonetheless,
a lot of applicants are shocked to hear that the IRS heavily considers the
equity in their assets when making decisions. Knowing how the IRS evaluates
your asset equity may make the difference between your application being
accepted or denied if you're thinking about filing an OIC.
In this piece,
we will dissect:
·
The definition of asset equity
·
How it is determined by the IRS
·
Why it matters so much in OIC judgments
·
How to assess your own equity
·
How to make your OIC application stronger
·
Let's get started.
An Offer in
Compromise (OIC): What Is It?
A program known as an Offer in Compromise (OIC) enables eligible people and
companies with outstanding federal tax liability to pay off their debts for
less than the entire amount due. An OIC will be accepted by the IRS if it
thinks:
You are unable to settle the entire tax bill, or
This would result in excessive financial hardship.
The premise for this is called the Doubt as to Collectibility. The IRS
considers your Reasonable Collection Potential (RCP) while determining whether
your offer is reasonable, which leads us to the topic of asset equity.
What Is Asset
Equity?
The present fair market value (FMV) of an asset less any associated debts or
commitments is referred to as equity. To put it another way:
Equity is equal to the asset's value less any liens or debts.
Examples of Assets the IRS Considers: Real estate, such as a home:
·
Automobiles
·
Retirement funds (IRA, 401(k))
·
Cash and bank accounts
·
Investments, stocks, or bonds
·
Cash-valued life insurance
·
Inventory or business equipment
The IRS
nevertheless considers your assets' net realizable worth in your OIC assessment
even if you don't intend to sell them.
How Is Equity
in Assets for OIC Determined by the IRS?
When determining asset equity, the IRS employs particular calculations and
discounting factors. This is how it functions in real life:
1. Property
The IRS uses your home's quick selling value, which is typically 80% of
FMV.
then deducts any liens and the mortgage principal.
·
The equity that results is part of your RCP.
·
For instance, the home's FMV is $250,000.
·
$200,000 is the IRS quick sale value (80%).
·
$180,000 is the mortgage balance.
·
$20,000 in equity
2. Automobiles
Utilize Wholesale Dealer Value
deducts any unpaid auto loans.
then subtracts an exemption, which according to contemporary IRS guidelines is
$3,450 per vehicle.
3. Cash and Bank Accounts
Face value is used to count cash.
A basic living expense cushion, usually $1,000 or more, is permitted by the
IRS.
4. Accounts for Retirement
It uses the current cash-out value less taxes and penalties.
Even if you have no intention of withdrawing
Why Does Asset
Equity Matter So Much?
Because it influences the IRS's calculation of your Reasonable Collection
Potential (RCP), equity is important. The total amount that the IRS estimates
it can collect from you both now and in the future is known as the RCP.
RCP is equal to net asset equity plus future disposable income.
The IRS is unlikely to accept your Offer in Compromise if your RCP exceeds the
amount you are offering.
Typical Errors
Taxpayers Commit When Using Asset Equity in OICs
Underestimating the value of an asset The IRS will review public information and
conduct its own appraisals.
Ignoring liens or debts: You have to provide proof of any liens or debts
that lower your equity.
Ignoring retirement accounts: Even money that cannot be accessed is taken into
consideration.
The IRS examines property databases, bank records, and credit reports; it does
not account for concealed assets.
Making lowball, unjustified offers: Impractical offers are often turned
down.
If your asset
equity is high, can you still qualify?
Yes, but it's difficult. Under the following circumstances, the IRS may
nevertheless take your offer into consideration if you have equity but lack
liquidity (for example, if your equity is invested in a home):
·
·
The asset cannot be sold or used as collateral.
·
Economic suffering would result from the
asset's liquidation.
·
You won't have enough money in the future to
cover everything.
·
You must provide solid proof that demonstrates:
·
Refinance or loan rejections
·
Financial or medical difficulties
·
Dependents who are dependent on the asset (a
family house, for example)
Offer In Compromise At CPA Clinics:
An Offer In Compromise (OIC) is a
valuable option offered by tax authorities that allows eligible taxpayers to
settle their tax liabilities for less than the total amount owed. This
arrangement is designed to provide a fresh start for individuals or businesses
facing financial hardship and unable to pay their full tax debt.
Concluding
Remarks: Use Asset Equity Strategically
One of the most important factors in the IRS's assessment of your Offer in
Compromise is your asset equity. The IRS will carefully examine your
possessions, their value, and the ease with which you can turn them into cash.
You may significantly increase your prospects of paying off your tax obligation
by being aware of how the IRS determines equity and by providing a realistic,
well-supported image of your financial status.
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