How To Be Eligible For The IRS Fresh Start Program - Allison Soares, Attorney at Law (2024)

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How To Be Eligible For The IRS Fresh Start Program

How To Be Eligible For The IRS Fresh Start Program - Allison Soares, Attorney at Law (2)

It’s not uncommon to struggle with paying your federal taxes. I hear from individuals who, through no fault of their own, just cannot pay the IRS when taxes come due. Luckily, the IRS has a special program to help. The IRS Fresh Start program is for individual taxpayers and small businesses that need help paying off their tax debt.

The Fresh Start program began in 2011, and more recently has expanded to help more taxpayers by offering more flexible Offer-in-Compromise (OIC) terms. An OIC is an agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. Generally, the IRS will not entertain an OIC if they believe the taxpayer can pay what they owe through a payment agreement or installment plan.

To be eligible for the Fresh Start Program, you must meet one of the following criteria:

  • You’re self-employed and had a drop in income of at least 25%
  • You’re single and have an income of less than $100,000
  • You’re married and have an income of less than $200,000
  • Your tax debt balance is less than $50,000

Under the new terms of the Fresh Start Program, the OIC will be more readily available to taxpayers who may be struggling to pay their bills. Additionally, the changes may help taxpayers resolve their debt in as little as two years compared to upwards of five years in the past. According to the IRS, here is how the program is changing:

  • Revising the calculation for the taxpayer’s future income
  • Allowing taxpayers to repay their student loans
  • Allowing taxpayers to pay state and local delinquent taxes
  • Expanding the Allowable Living Expense allowance category and amount
  • Equity in income producing assets generally will not be included in the calculation of reasonable collection potential for on-going businesses

Under the new program, when the IRS calculates a taxpayer’s reasonable collection potential, it will now look at only one year of future income (down from four years) for offers paid in five or fewer months, and two years of future income (down from five years) for offers paid in six to 24 months. All offers must be fully paid within 24 months of the date the offer is accepted.

The IRS Fresh Start Program is a great way for individual taxpayers and small businesses owners in San Francisco who feel they cannot pay their tax debt. And there is no penalty to apply for assistance under the program. If you are unsure if you qualify, or have doubts about how it works, it’s best to consult a San Francisco tax professional or tax attorney with experience working with the IRS.

Allison Soares is a partner and tax attorney at Vanst Law. Before starting her own practice, Soares was a partner at a tax law firm where she honed her skills handling a wide variety of tax and employment-related cases. In addition to her legal work, she has worked in accounting and utilizes that knowledge to her advantage while handling cases involving EDD audits.

How To Be Eligible For The IRS Fresh Start Program - Allison Soares, Attorney at Law (3)

Allison Soares

Allison Soares, a renowned tax attorney, excels in representing clients before the IRS, FTB, EDD, and CDTFA. With a Bachelor of Arts in Finance from the University of Wisconsin, Milwaukee, and a transformative teaching stint in Brazil, Allison’s diverse background enriches her legal expertise. She pursued law at St. Thomas University School of Law, Miami, complementing it with an MBA in accounting and forensic accounting. Further honing her skills, she obtained a Master of Laws in Taxation from the University of San Diego School of Law. As an adjunct professor at San Diego State University, Allison imparts her knowledge in tax procedures, practice, and ethics. Her accolades include being named Best of the Bar by the San Diego Business Journal and multiple Super Lawyer recognitions. Committed to community service, she volunteers with Forever Balboa Park and Friends of Balboa Park. Allison’s authoritative contributions in tax law are showcased through her publications and speaking engagements.

Read More Articles By Allison Soares

« Are EDD Audits Random?

I Have Tax Problems. Should I Consider a Tax Debt Settlement? »

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How To Be Eligible For The IRS Fresh Start Program - Allison Soares, Attorney at Law (2024)

FAQs

What do you need to qualify for the IRS fresh start program? ›

Qualifications & Requirements For The Fresh Start Program IRS in 2024
  1. You must have filed all required tax returns for the previous three years.
  2. You must not owe more than $50,000 in taxes, including interest and penalties. ...
  3. You must agree to pay your taxes owed within six years.
Aug 15, 2024

Who qualifies for the fresh start program? ›

Fresh Start Initiative. For borrowers that have a defaulted loan where the default occurred prior to March 13, 2020, you may be eligible for the Fresh Start Initiative announced by the U.S. Department of Education (ED). Fresh Start offers an opportunity to get your loan status changed from “default” to “current.”

What is the IRS fresh start program in 2024? ›

The IRS Fresh Start Tax Program: 2024. The IRS Fresh Start Tax Program, or the Fresh Start Initiative, was created in 2011 by the United States Federal Government. The American Fresh Start Program provides tax relief to select taxpayers who owe money to the IRS.

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 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.

How much will the IRS usually settle for? ›

How much will the IRS settle for? The IRS will often settle for what it deems you can feasibly pay. To determine this, the agency will take into account your assets (home, car, etc.), your income, your monthly expenses (rent, utilities, child care, etc.), your savings, and more.

How long does it take for a fresh start program to be approved? ›

It takes 4–6 weeks for most people to have their request processed and be transferred to their new non-default servicer. You'll get communications about your transfer by postal mail.

How much does the IRS fresh start program cost? ›

The IRS charges a fee of $186 to process your offer-in-compromise application.

What is the deadline for the fresh start program? ›

This temporary program (ending Sept. 30, 2024) allows you to get out of default more easily and more quickly than normal methods. Over 6 million borrowers are eligible as of January 2024. Read on to learn about the ways Fresh Start could benefit you and how to sign up ASAP to take advantage of these benefits.

Can I negotiate with the IRS myself? ›

You can submit an offer on taxes owed individually and for your business. Here are the main reasons the IRS may agree to accept less than the full amount you owe: Doubt as to Collectability: This means you don't have enough income or assets to pay your balance due in full.

Does the IRS forgive tax debt after 10 years? ›

Background. Each tax assessment has a Collection Statute Expiration Date (CSED). Internal Revenue Code (IRC) 6502 provides that the length of the period for collection after assessment of a tax liability is 10 years. The collection statute expiration ends the government's right to pursue collection of a liability.

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 the IRS fresh start? ›

To be eligible for the Fresh Start Program, you must meet one of the following criteria:
  1. You're self-employed and had a drop in income of at least 25%
  2. You're single and have an income of less than $100,000.
  3. You're married and have an income of less than $200,000.
  4. Your tax debt balance is less than $50,000.

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.

How do I wipe out my IRS debt? ›

If you need to settle your IRS tax debt, you have a few different options, including:
  1. Tax debt relief. ...
  2. Offer in compromise. ...
  3. Installment agreement. ...
  4. Temporary delay. ...
  5. Penalty abatement. ...
  6. DIY debt settlement.
Jul 24, 2024

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.

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.

Who is eligible for IRS payment plan? ›

You may qualify to apply online if: Long-term payment plan (installment agreement): You owe $50,000 or less in combined tax, penalties and interest. You have filed all required returns. Short-term payment plan: You owe less than $100,000 in combined tax, penalties and interest.

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