Can I get my tax debt forgiven? 5 options to consider (2024)

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MoneyWatch: Managing Your Money

By Angelica Leicht

Edited By Matt Richardson

/ CBS News

Can I get my tax debt forgiven? 5 options to consider (2)

Getting a letter in the mail from the IRS can be frightening, especially when it's a letter telling you that you owe money for back taxes. But unfortunately, it happens, and as we get closer to the last filing day of the tax season, more people will start to receive these letters, whether they underestimated their self-employed tax payments or simply could not afford to pay what they owed at tax time last year.

What can be more troubling is that the back taxes you owe to the IRS typically don't just include the principal balance you started with. When you're behind on your taxes, what you owe can be compounded by escalating penalties and interest, causing the balance to grow and making it less affordable to pay off what you owe.

So what options exist to get rid of your IRS tax debt before it crushes you financially? And is it possible to have your tax debt forgiven? The short answer is yes, there are ways to decrease what you owe to the IRS in certain cases. Below, we'll detail some of the potential paths you can take to move toward IRS tax debt relief.

Compare your top tax debt relief options online today.

Can I get my tax debt forgiven? 5 options to consider

If you're dealing with back taxes and aren't sure how to lessen the financial load, the following options could help:

Use a professional tax relief service

Given the documentation and negotiation complexities that are involved with resolving back taxes, many taxpayers opt to use professional tax relief services to help resolve their IRS debts. These services provide expert tax debt representation, compiling all required documentation for your circ*mstances and directly handling all communications with the IRS.

For example, reputable tax relief companies typically have tax experts and former IRS agents on staff to closely review your full financial situation and explore all available relief programs that you may qualify for to help you cut down on your tax burden. In certain cases, these services may also help to negotiate with the IRS to forgive a portion of what you owe in back taxes.

But while legitimate services can be very helpful, you should alsobeware of the red flags that indicate a tax relief company is problematic. Making unrealistic "pennies on the dollar" promises is one, as the IRS has strict criteria that must be met. And, most reputable firms will provide a free initial consultation to evaluate your options, so if a company is trying to charge you before enrolling in their services, you may want to think twice.

Learn how the right tax relief service could benefit you now.

Utilize the offer in compromise program

Another possibility is the IRS offer in compromise (OIC) program. An OIC allows you to settle the full tax debt for a reduced lump sum payment. However, the IRS will want to see proof that your full income and assets cannot realistically cover the total balance owed, even with an installment plan.

To qualify for an OIC, the amount you offer as a settlement must generally be the most the IRS could expect to collect within a reasonable period, based on your provable income, expenses, asset equity and future earnings potential. The IRS sets strict criteria, so hardship documentation is crucial for acceptance. Even if approved, you must stay compliant on all future taxes as a condition.

Request a currently not collectible (CNC) status

If you are legitimately unable to pay anything toward your tax debt due to current financial hardship, you can request a currently not collectible (CNC) status. CNC status provides only temporary relief, though — it does not permanently eliminate your tax debt. But while your tax debt isn't technically forgiven in this case, a CNC status still delays IRS collections indefinitely and prevents further penalties and interest from accruing on your account.

To be considered for CNC status by the IRS, you must prove your reasonable household income is insufficient to maintain basic living expenses, with limited asset equity to satisfy the liability. As part of this process, the IRS will typically require you to produce documentation of your finances, monthly income and expenses, assets and hardship circ*mstances.

File for bankruptcy

For those in extreme financial distress, filing for bankruptcy may potentially allow certain old tax debts that meet very specific criteria to be discharged (forgiven) in the bankruptcy. This includes income tax debts over three years old which were filed on time originally and meet other non-fraud provisions.

However, recent larger outstanding balances often don't qualify for elimination in bankruptcy, and neither do many specific types of tax debts, like back taxes that were never filed for, payroll taxes or fraud penalties. Filing for bankruptcy can also damage your credit score temporarily, so it's important to fully understand the potential repercussions and the limitations on the potential benefits before taking this route.

Agree on a payment plan

While a payment plan won't result in the IRS forgiving some or all of your tax debt, in many cases, the path out of significant IRS debt means agreeing to make installment payments on what you owe. The IRS has both short-term payment plans of 180 days or less and long-term installment agreements where taxpayers have up to six years to pay (or potentially longer if the IRS agrees).

While you won't get direct tax debt forgiveness with this option, a payment plan prevents future penalties from continuing to accrue. That can keep your tax debt from growing as you pay it off, potentially saving you money on what you owe in the long run.

To qualify, you must verify your income, expenses and asset information to the IRS and then get on an approved monthly payment schedule, which is created based on your ability to pay. Payment plans require resuming tax compliance and staying current on future taxes.

The bottom line

Facing down an accumulating tax debt can feel overwhelming, but knowing that there are relief programs and professional services available to potentially settle or restructure the IRS burden you're carrying can provide hope. By thoroughly exploring all your options for resolving your tax debt, you can take back control of the situation and resolve the crisis decisively with the option that works best for you.

Angelica Leicht

Angelica Leicht is senior editor for Managing Your Money, where she writes and edits articles on a range of personal finance topics. Angelica previously held editing roles at The Simple Dollar, Interest, HousingWire and other financial publications.

Can I get my tax debt forgiven? 5 options to consider (2024)

FAQs

How do I get my IRS debt forgiven? ›

Can I get my tax debt forgiven? 5 options to consider
  1. Use a professional tax relief service.
  2. Utilize the offer in compromise program.
  3. Request a currently not collectible (CNC) status.
  4. File for bankruptcy.
  5. Agree on a payment plan.
Mar 28, 2024

What options do I have to pay back any taxes I owe? ›

Here are some of the most common options for people who owe federal tax and can't pay.
  • Set up an installment agreement with the IRS. ...
  • Request a short-term extension to pay the full balance. ...
  • Apply for a hardship extension to pay taxes. ...
  • Borrow from your 401(k). ...
  • Use a debit/credit card. ...
  • Get a personal loan.

What percentage does the IRS settle for? ›

Lump Sum Offer: Generally, you'll be required to pay 20 percent of the total amount you're offering when you submit the offer. You'll need to pay the rest in five or fewer payments, within five or fewer months of the date the IRS accepts the offer.

How do I get my tax debt removed? ›

Once a lien arises, the IRS generally can't release the lien until the tax, penalty, interest, and recording fees are paid in full or until the IRS may no longer legally collect the tax. Paying your tax debt in full is the best way to get rid of a federal tax lien.

Is the IRS doing a debt forgiveness? ›

Qualifications. The IRS ultimately determines whether you qualify for debt forgiveness. However, the agency generally considers taxpayers who meet these criteria: a total tax debt balance of $50,000 or less, and a total income below $100,000 for individuals (or $200,000 for married couples).

What is the IRS 6 year rule? ›

6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.

What if I owe the IRS but can't afford to pay? ›

If you find that you cannot pay the full amount by the filing deadline, you should file your return and pay as much as you can by the due date. To see if you qualify for an installment payment plan, attach a Form 9465, “Installment Agreement Request,” to the front of your tax return.

Is there a legit tax relief program? ›

Emergency tax or fee relief is available from the California Department of Tax and Fee Administration (CDTFA) for taxpayers who have been directly affected by disasters declared as state of emergencies, both within California and nationally.

What is the IRS fresh start program? ›

The program aims to provide eligible taxpayers with options to settle their tax debts through streamlined processes, potentially reduced payment amounts, and manageable repayment plans.

Can I negotiate with the IRS myself? ›

You have the legal right to represent yourself before the IRS, but most taxpayers have determined that professional help, such as specialized attorneys, accountants, or tax specialists who are experienced in helping taxpayers resolve unpaid tax debts can significantly impact your odds of reaching an acceptable ...

What is the IRS one time forgiveness? ›

Applying for one-time forgiveness from the IRS

The IRS one-time forgiveness program, or first-time penalty abatement, is a good option if you received an IRS penalty and have a solid history of filing and paying taxes on time.

How do I qualify for an IRS hardship? ›

An economic hardship occurs when we have determined the levy prevents you from meeting basic, reasonable living expenses. In order for the IRS to determine if a levy is causing hardship, the IRS will usually need you to provide financial information so be prepared to provide it when you call.

Is tax debt ever forgiven? ›

Yes, after 10 years, the IRS forgives tax debt.

After this time period, the tax debt is considered “uncollectible”. However, it is important to note that there are certain circ*mstances, such as bankruptcy or certain collection activities, which may extend the statute of limitations.

How to ask the IRS for forgiveness? ›

If we cannot approve your relief over the phone, you may request relief in writing with Form 843, Claim for Refund and Request for Abatement. To reduce or remove an estimated tax penalty, see: Underpayment of Estimated Tax by Individuals Penalty. Underpayment of Estimated Tax by Corporations Penalty.

Who qualifies for IRS penalty forgiveness? ›

The IRS will automatically waive failure-to-pay penalties on unpaid taxes less than $100,000 for tax years 2020 or 2021. You're eligible for this relief if you meet all the following criteria: Filed a Form 1040 or 1041 tax return for years 2020 and/or 2021. Were assessed taxes of less than $100,000.

Can IRS debt be waived? ›

Apply with the new Form 656

An offer in compromise allows you to settle your tax debt for less than the full amount you owe. It may be a legitimate option if you can't pay your full tax liability or doing so creates a financial hardship. We consider your unique set of facts and circ*mstances: Ability to pay.

What if I owe the IRS and can't pay? ›

If you find that you cannot pay the full amount by the filing deadline, you should file your return and pay as much as you can by the due date. To see if you qualify for an installment payment plan, attach a Form 9465, “Installment Agreement Request,” to the front of your tax return.

Who is eligible for the IRS hardship program? ›

Qualification Requirements For IRS Hardship Relief

To be eligible for the IRS Hardship Program, taxpayers must demonstrate that they are facing significant financial hardship and are unable to pay their tax debts. Taxpayers must provide documentation and evidence supporting their financial situation.

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