When suddenly facing tax debt, it’s not uncommon to wonder if there have been mistakes in your tax assessment or to feel that the penalties you’ve received are unfair.
But understanding your options or the kind of help you’re entitled to is renowned for being extremely difficult and confusing – not least because of all the terminology you have to get your head around.
The reality is, sometimes penalties are unfair. But the good news is that tax debt abatement programs such as first-time or reasonable cause penalty abatement schemes exist for exactly that reason.
There are also schemes that allow you to reduce your overall tax liability, pause the collection process until such a time as you’re able to pay, or negotiate a payment plan that will make your repayments more manageable.
All of these strategies are collectively known as tax relief programs, and while they all have complex criteria and application processes attached, there is always an option that will suit your needs.
In this article, we’ll break down the different types of tax debt abatement and relief options available, so you can make better sense of your situation and know what steps you can take to resolve your tax debt.
However, if you’re facing tax debt or penalties, our advice is to give us a call. We’re experts in tax resolution and can explain everything simply and clearly as it relates to your specific case, immediately advise you of your best course of action, and handle the entire process on your behalf. Meaning less stress, less worry, and less time spent on your part, and the best possible outcome overall.
Call Tax Relief Helpers on (800) 659-6706 for immediate assistance or book a consultation
The Difference Between Tax Debt Abatement and Relief
Tax debt relief and tax debt abatement are similar concepts, but they’re not exactly the same thing.
However, there is a significant degree of overlap, which is why so many people confuse the two terms.
Tax debt abatement refers to the reduction or elimination of specific tax liabilities, penalties, or interest charges that are due to errors, have a reasonable cause, or will cause undue financial hardship.
Tax debt relief, on the other hand, is a broad term that encompasses the various programs and strategies designed to help taxpayers manage, reduce, or eliminate their tax debt. This includes things like IRS Installment Agreements, Offers in Compromise, and the IRS Fresh Start Program, as well as specific abatement programs, like Reasonable Cause Penalty Abatement.
Ultimately, knowing the correct term to use isn’t particularly important.
What is important is knowing the options that are available to you if you are facing tax debt you cannot pay, or penalties, interest, or tax liabilities that you believe are unfair.
Get expert help from Tax Relief HelpersTypes of Tax Debt Relief and Abatement Programs
Although the IRS has a reputation for being the bad guy, the truth is that it will never insist that you pay a debt that you genuinely cannot afford, or that is not fair or accurate.
Honest errors, unexpected life events, and even administrative errors within the IRS can lead to nasty surprises on your tax return. Which is why it’s so important to understand all the options available to you.
The IRS offers several tax debt relief programs to suit the wide-ranging circumstances that can lead to a person facing tax debt.
These include:
IRS Penalty Abatement
This is the most common form of tax abatement, and there are two main types:
This involves the IRS waiving certain penalties, e.g. the 1065 late-filing penalty, if you can prove a reasonable cause – such as serious illness, natural disasters, or other circumstances beyond your control – or if it is your first time failing to file, pay, or deposit taxes.
Interest Abatement
Interest abatement is granted when interest charges result from IRS errors or delays. While less common than penalty abatement, it is available under specific circumstances.
Offer in Compromise (OIC)
An Offer in Compromise allows you to settle your tax debt for less than the full amount owed. To qualify, you must be able to demonstrate a genuine inability to pay, doubt as to your liability, or exceptional circumstances that make full payment unfair.
Currently Not Collectible (CNC)
If you’re experiencing severe financial hardship, you may qualify for CNC status, which temporarily suspends the IRS’s collection activities. This status is granted when paying the tax debt would leave you unable to meet basic living expenses.
Innocent Spouse Relief
Innocent spouse relief is available if you filed a joint tax return with your spouse or former spouse, who improperly reported or omitted items without your knowledge. There are four types of innocent spouse relief, which cover various nuances within the topic.
IRS Fresh Start Program
The IRS Fresh Start Program offers various relief options if you’re struggling with tax debt. It includes expanded access to installment agreements, more flexible terms for Offers in Compromise, and increased threshold amounts before filing tax liens.
Installment Agreements
Installment agreements allow you to pay your tax debt in monthly installments over a specified period of time. This can make managing your tax debt more manageable while also preventing more aggressive collection actions by the IRS.
Who Qualifies for Tax Debt Abatement and Relief?
Qualifying for tax debt abatements and relief with the IRS depends on the specific type of relief you are seeking.
Each program has its own criteria and requirements and fully understanding the different qualifications is complex, which is why it’s always recommended to get help from professional tax relief experts.
However, here’s a brief overview of who qualifies for the various types of tax debt relief:
Qualifying for First-Time Penalty Abatement
You can request abatement for penalties for failure to file, pay, or deposit taxes if it is your first offense. You must have a clean compliance history for the previous three years, and all previously required returns must have been filed. Any taxes due must also have been paid, or arranged to be paid through an installment agreement.
Qualifying for Reasonable Cause Penalty Abatement
You must demonstrate that your failure to file, pay, or deposit taxes was due to reasonable cause and not due to willful neglect. Reasonable cause could include circumstances such as:
- Serious illness or incapacitation
- Natural disasters or other significant disruptions
- Inability to obtain necessary records
- Death of a close family member
Qualifying for Interest Abatement
Interest may be abated if evidence can be provided to show that it resulted from unreasonable errors or delays by the IRS.
Qualifying for an Offer in Compromise (OIC)
The IRS may accept a lower amount than the total tax you owe if you can prove one of the following:
- An inability to pay the full tax liability. This is evaluated based on income, expenses, asset equity, and future earning potential.
- A legitimate dispute about the amount of tax owed.
- That payment in full would cause economic hardship or would be unfair and inequitable.
Note that there’s a specific formula to work out how much you should offer in compromise to the IRS.
Qualifying for Currently Not Collectible (CNC) Status
You must be able to demonstrate that paying your tax debt would leave you unable to meet basic living expenses. Note that the IRS will carefully review your income and allowable expenses to determine eligibility.
Qualifying for Innocent Spouse Relief
The tax understatement must be due to errors or omissions made by your spouse or ex-spouse, and you must be able to demonstrate that you did not know and had no reason to know about the error or omission.
Qualifying for Installment Agreements
To qualify for an IRS payment plan, you must have filed all required tax returns and have no other installment agreements in place. There are then additional criteria depending on the type of installment agreement you are applying for, including the total amount you owe, the time within which you can pay it off, proof that you cannot pay it off within a shorter time frame, and proof of your ability to make the monthly payments.
Qualifying for the IRS Fresh Start Program
To qualify for the IRS Fresh Start Program, you must owe less than $50,000 in combined tax, penalties, and interest, be able to pay off the debt within 72 months, and have filed all required tax returns.
Get expert help from Tax Relief HelpersApplying for Tax Debt Abatement or Relief
To apply for tax debt abatement or relief, you need to submit the appropriate forms and documentation to the IRS.
There are specific forms on the IRS website for every type of application, such as:
- Form 843 to claim for an IRS penalty abatement
- Form 656 to apply for an Offer in Compromise
- Form 9465 for an Installment Agreement Request
- Form 8857 for Innocent Spouse Relief
- And many more
However, while there are clear instructions for each form available on the IRS website, they are still highly complex documents and it is common for people to make errors that impact the success of their applications.
It is also very difficult to correctly understand all of the options available to you, choose the best option that will save you the most money, and successfully negotiate with the IRS to achieve the best possible outcome.
But the good news is, you don’t have to.
Tax Relief Helpers has an expert team of seasoned tax professionals who know every detail of the IRS’s many tax relief programs, and who can handle every detail on your behalf – from identifying the best option for your situation, handling all paperwork and applications, and negotiating with the IRS on your behalf.
With us, you only need to sign one simple form: Form 8821 Power of Attorney, and we can take your entire tax debt stress off your shoulders, and deliver you your best possible tax debt resolution.
Get Professional Help to Maximize Your Tax Savings
If you’re facing tax debt, penalties, or interest charges from the IRS, it’s more than possible that you are entitled to some kind of relief or abatement – which can significantly reduce the amount of money you owe.
So it’s vital that you know and understand all of the tax debt abatement and relief options available to you.
Rather than try to navigate it on your own, let our experts help you.
We’ll review your case in detail, identify and explain all your options, advise you on the best way to proceed, and then handle the entire process on your behalf – saving you time, stress, and above all, money.
Call (800) 659-6706 for immediate assistance, or book a no-obligation consultation for another time that suits you.