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IRS Programs · Updated May 2026

When You Should Not Consider an Offer in Compromise

When You Should Not Consider an Offer in Compromise
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Fresh Start Initiative
Fresh Start Initiative
America’s Tax Relief Network
Home Fresh Start Program IRS Notices Taxpayer Problems Articles About Check Your Eligibility
Call us directly (888) 665-4416
✓ Editorially independent Reviewed by licensed CPAs Read by 2M+ taxpayers in 2025 Updated monthly $1.2B+ in tax debt resolved 100,000+ Americans served Partner firms are BBB A+ rated only Licensed in all 50 states ✓ Editorially independent Reviewed by licensed CPAs Read by 2M+ taxpayers in 2025 Updated monthly $1.2B+ in tax debt resolved 100,000+ Americans served Partner firms are BBB A+ rated only Licensed in all 50 states
Tax Guide · Updated August 2021
When You Should Not Consider an Offer in Compromise

TL;DR: An offer in compromise can be a tempting settlement option for those who are struggling with their tax debt. However, it is important to consider the other options before deciding if you should take this route. This guide explains who qualifies, the rules that apply, and how to apply them to your situation.

An offer in compromise can be a tempting settlement option for those who are struggling with their tax debt. However, it is important to consider the other options before deciding if you should take this route. The reasons why an offer in compromise might not be right for your situation and what you should do instead may open opportunities for other alternatives to relieve your taxes.

How Offer In Compromise Works

An Offer in Compromise is a proposed settlement with the IRS. It typically involves paying off your tax debt for less than what you owe, but without filing for bankruptcy. The IRS will take into account factors like income and expenses when they determining whether or not to accept an offer from you.

You may also be able to combine the offer of compromise with other repayment options such as Installment Agreement or Payment Plan

Even if it seems that the government are offering a great deal, make sure that this option is best for you before taking them up on their offer!

There might be something else out there that would work better for your financial situation. The IRS will take into account a variety of factors, including your ability to pay, income, expenses, and asset equity.

You’re Not Eligible

In order to enroll into the Offer In Compromise program, you’ll first have to qualify.

Taxpayers in seek of utilizing this program may qualify if:

  • You’re in compliance with filing and payment requirements (you’ve filed all needed tax returns and have adequate withholding and/or anticipated tax payments to avoid owing money in future tax years)
  • You are eligible for an OIC if you are unable to pay your taxes with your assets or potential income before the statute of limitations to collect expires.
  • You can pay the IRS a calculated offer amount equal to your reasonable collection potential (based on an IRS formula), and you can stay in compliance for the next five tax years.

It’s common knowledge that if you don’t even qualify, don’t bother. If you don’t qualify for an Offer In Compromise, there are still plenty of other of fish in the sea. And by fish, we mean other tax relief programs.

IRS Fresh Start Program

There’s no reason to lose in seeking tax relief even if you don’t seem to qualify for the OIC program. There are many tax relief programs that will suit any situation you may have with the IRS. With so many programs out there you may not know where to start.

There’s a relief program that consolidates many major relief programs into a one-size-fits-all assistance program; The IRS Fresh Start Program. Our clients are referred to our Fresh Start Program in order to avoid bankruptcy, acquire debt relief, and settle their debts in a quick manner. Let us give you a helping hand today!

See if you qualify for the Fresh Start Program today!

Resolve your tax debt before the IRS surprises you with late fees and penalties!

  1. Answer a few questions
  2. Qualify and be presented with a resolution – click here
  3. Enroll in Fresh Start

You can click here to be connected with a verified partner of IRS Fresh Start Initiative

Need Help With Back Taxes?

Contact a tax specialist today to explore how to reduce, resolve, or eliminate your back taxes with the IRS Fresh Start Program.

Call us directly at (888) 665-4416 or click the link below.

Check Your Eligibility →
Fresh Start Initiative is an independent editorial resource covering IRS tax debt relief. We do not provide tax advice or representation and are not affiliated with the IRS or any government agency. When you request a consultation, we connect you with a licensed, A+ BBB-rated tax relief firm from our vetted network — matched to your situation. Individual results vary.
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