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Common Mistakes to Avoid When Applying for an Offer In Compromise
Discover the key pitfalls to avoid when seeking an Offer In Compromise with the IRS. Learn how to navigate the process and maximize your chances.
The Five Mistakes That Get Offers Rejected
The IRS rejects roughly 60% of submitted Offers in Compromise. The same five issues account for the majority of those rejections, and all are avoidable with proper preparation before Form 656 is signed.
First: missing the upfront payment or application fee. Lump-sum offers require a 20% initial payment with submission; periodic-payment offers require the first month's installment. The $205 application fee is non-refundable. Skipping either makes the offer non-processable and the IRS returns it without review (though it keeps the application fee).
Second: unfiled tax returns. The IRS requires every required return be filed before accepting an OIC for processing. Skipped years — including "I didn't owe anything" years — will get the offer kicked back. File the missing returns first, even with zero balance owed.
Third: inflating allowable living expenses on Form 433-A(OIC). The IRS uses national and local standards published in the Collection Financial Standards. Reporting actual housing expense $800 above the local standard without justification almost always gets normalized down. Same with transportation, food, and out-of-pocket healthcare. Document why a higher expense is necessary (medical condition, household size, court order) before submitting.
Fourth: not running the math first. The IRS rejects offers below the calculated reasonable collection potential and accepts offers at or above RCP. Submitting an offer well below RCP wastes time and money. The IRS publishes the calculation framework; using it before filing increases acceptance odds dramatically.
Fifth: failing to stay current during the 6-12 month review period. If you accrue new tax debt while the OIC is under review — including missed estimated payments — the IRS treats it as evidence of inability to maintain compliance and rejects the offer. Stay current on all filings and deposits throughout.
Avoiding these common mistakes when applying for an Offer In Compromise can help you increase the likelihood of success and secure a fresh start toward resolving your tax debt with the IRS.
Remember, each OIC case is unique, and it's advisable to consult with a tax professional who can provide personalized guidance and help you avoid these common mistakes.
Request a free consultation with our experts today and take the first step towards achieving your goals.
This content was written and reviewed by the licensed tax attorneys at Victory Tax Lawyers, LLP. Our attorneys specialize in IRS tax relief and are licensed members of the California State Bar with a nationwide practice.
Last Reviewed: 2026 · Meet Our Attorneys →
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