How this is calculated
New to Offers in Compromise? Read our plain-English guide first: Can I Settle My IRS Debt for Less? Offer in Compromise Basics.
1. What an Offer in Compromise is — IRC §7122
IRC §7122 authorizes the IRS to settle a tax debt for less than the full amount. Under Treas. Reg. §301.7122-1(b) there are three grounds: doubt as to liability (you dispute the tax — Form 656-L), doubt as to collectibility ("the taxpayer's assets and income are less than the full amount of the liability"), and effective tax administration (you could pay, but doing so would cause economic hardship, or there are compelling public-policy/equity reasons). This calculator estimates a doubt as to collectibility offer — by far the most common type.
2. Eligibility checks (Step 1)
The checklist follows the "What you need to know" section of Form 656-B, Offer in Compromise Booklet (Rev. 4-2026): all required returns filed, a bill received for at least one debt in the offer, current-year estimated payments made, federal tax deposits made for the current and two preceding quarters (business owners with employees), no open bankruptcy, open audits and innocent spouse claims resolved first, no deactivated ITIN, and no debts referred to the Department of Justice, reduced to judgment, or assessed as restitution. After acceptance you must stay compliant for five years or the offer can be defaulted.
3. Reasonable collection potential (RCP)
The IRS generally accepts an offer that equals or exceeds your RCP (IRM 5.8.4, IRM 5.8.5). Following Form 433-A (OIC), Section 8:
- Equity in assets (Boxes A and B) — quick sale value (80% of market value) minus loans for real estate, vehicles, retirement accounts, and valuables; full value for cash, investments, digital assets and life insurance cash value. Allowances: $1,000 off bank balances, $3,450 off one vehicle ($3,450 each for two on a joint offer), $11,980 off furniture/personal effects/valuables, and $5,990 off business tools and books of the trade.
- Remaining monthly income (Box F) — total household gross income minus allowable living expenses.
- Future income — Box F × 12 for a lump-sum offer (paid within 5 months), or × 24 for a periodic offer (6–24 months). If fewer months remain before the collection statute expires, the IRS uses the remaining months instead (IRM 5.8.5.25).
- Minimum offer = equity in assets + future income. Your offer must be more than $0.
4. Allowable living expenses — Collection Financial Standards (effective June 29, 2026)
IRC §7122(d)(2) requires the IRS to publish national and local expense allowances. The standards used here come from the IRS Collection Financial Standards page:
- Each additional person beyond four: +$397.
- Out-of-pocket health care: $90 per person under 65, $163 per person 65 and older (in addition to health insurance premiums).
- Housing & utilities: lesser of actual cost or the county standard for your household size (all U.S. counties and Puerto Rico are built in).
- Vehicle ownership: lesser of actual loan/lease payment or $703 per vehicle (up to two). Operating costs: lesser of actual or the regional/metro standard. Public transportation: $220 per household.
- National Standards and out-of-pocket health care are allowed in full without proof of what you actually spend; higher actual amounts require documentation.
5. Can you pay in full? (the IRS's first test)
Before evaluating an offer, the IRS checks whether you can pay the full debt through an installment agreement over the remaining collection period, from equity in assets, or both (IRM 5.8.5.2). If you can, a doubt-as-to-collectibility offer will generally not be accepted — and the $1,000 bank and $3,450 vehicle allowances are not applied. The IRS also adds projected interest and penalties to the balance, which this tool does not.
6. Fees, payments and Low-Income Certification
The application fee is $205. A lump-sum offer must include 20% of the offer amount, with the rest paid within 5 months of acceptance; a periodic offer must include the first monthly payment, and you must keep paying monthly while the IRS evaluates it (IRC §7122(c)). Under IRC §7122(c)(3), individuals whose AGI — or household gross monthly income × 12 — does not exceed 250% of the federal poverty guidelines pay no fee and no payments while the offer is pending:
If the IRS does not decide on your offer within 24 months of submission, it is deemed accepted (IRC §7122(f)). Penalties and interest keep accruing while the offer is pending, and the IRS can keep any refund for tax periods before acceptance.
Sources