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TAX GUIDE

Offer in Compromise Guide 2026: Who Qualifies and the Fee

KEY INSIGHT
An offer in compromise settles IRS tax debt for less than you owe, with a $205 application fee (waived for qualifying low-income individuals and for doubt-as-to-liability offers). The IRS generally accepts an offer only if it equals or exceeds your reasonable collection potential, you must have filed all returns and made required estimated payments, and a lump sum offer needs 20% of the offer sent with Form 656, unless you qualify for the low-income exception, which waives the fee and the offer payments while the offer is considered (IRS Topic 204 and the Form 656 booklet).
At a glance

Key Facts

Application fee
$205 (waived if low-income)
Lump sum
20% with the form
Periodic
6+ payments within 24 months
Appeal a rejection
Within 30 days
Introduction

An offer in compromise lets certain taxpayers settle an IRS debt for less than the full amount. It is not a shortcut: the IRS generally accepts an offer only if it matches what it believes you can pay.

This guide explains who qualifies, the three grounds for an offer, the fee, the two payment options, the low-income exception and what happens during and after the process, using IRS Topic 204 and the Form 656 booklet.

Section 01

What an Offer in Compromise Is

The IRS says an offer in compromise is an agreement that settles a taxpayer's liabilities for less than the full amount owed, and that someone who can fully pay through an installment agreement or other means generally will not qualify. To qualify you must have filed all required returns, have received a bill for at least one tax debt included in the offer and have made all required estimated tax payments for the current year; business owners with employees must also have made required federal tax deposits for the current quarter and the two preceding quarters. People in an open bankruptcy proceeding are not eligible, and open audits and innocent spouse claims should be resolved first, according to the IRS booklet. See our IRS payment plan guide if you can pay over time.

Section 02

The Three Grounds

GroundWhat the IRS says
Doubt as to liabilityThere is a genuine dispute about the existence or amount of the correct tax debt under the law; use Form 656-L
Doubt as to collectibilityThe taxpayer's assets and income are less than the full amount of the tax liability
Effective tax administrationThe tax is legally owed and collectible in full, but paying in full would create economic hardship or be unfair and inequitable because of exceptional circumstances

In most cases the IRS will not accept an offer below the reasonable collection potential (RCP), which includes what can be realized from assets such as real property, vehicles and bank accounts plus anticipated future income less allowed living expenses.

Section 03

Fees and Payment Options

ItemAmount or rule
Application fee$205 (per Form 656 booklet); none for doubt as to liability or a qualifying low-income individual
Low-income exceptionAdjusted gross income at or below 250 percent of the poverty guidelines, or household gross monthly income x 12 at or below 250 percent
Lump sum offerPayable in 5 or fewer installments within 5 or fewer months after acceptance; 20% of the offer sent with Form 656, nonrefundable (not required for a qualifying low-income individual)
Periodic payment offer6 or more monthly installments within 24 months after acceptance; first installment with the form and monthly payments continue while the IRS evaluates; if you miss them the IRS may return the offer, with no appeal (not required for a qualifying low-income individual)

Our illustration: a lump sum offer of $30,000 would require a 20% payment of $6,000 with the form plus the application fee, and a periodic offer of $30,000 over 24 months would be $1,250 a month. The low-income exception removes the fee and these payments while the offer is under consideration. These are examples of the rules, not a prediction of acceptance.

Section 04

What Happens After You Apply

Collection is ordinarily suspended while an offer is pending, for 30 days after a rejection, and while a timely appeal is considered. If the IRS accepts, you agree to comply with the tax laws, the IRS keeps any refund due for returns filed through the acceptance date and, for collectibility and effective tax administration offers, you must timely file and pay for five years or the offer can default. If it rejects the offer you can appeal within 30 days of the letter. Joint debts: spouses or ex-spouses who are separated or divorced must submit separate offers. The IRS offers a pre-qualifier tool, but the IRS says its result does not guarantee acceptance. Penalty relief is a separate option: see our penalty abatement guide, and see our federal tax lien guide for liens.

Section 05

Official Sources

IRS Topic 204: Offers in compromise, IRS: Form 656 Booklet, Offer in Compromise.

FAQ

Frequently Asked Questions

What is an offer in compromise?

An agreement with the IRS to settle your tax debt for less than you owe.

Who qualifies for an offer in compromise?

Taxpayers who have filed all returns, received a bill, made required estimated payments and whose offer is at least their reasonable collection potential.

How much does an offer in compromise cost?

A $205 application fee plus an initial payment, with exceptions for low-income individuals and doubt-as-to-liability offers.

What is reasonable collection potential?

The IRS's measure of your ability to pay: asset value you can realize plus future income less allowed living expenses.

What is the difference between a lump sum and periodic payment offer?

A lump sum offer is paid in 5 or fewer installments within 5 months and needs 20% with the form; a periodic offer is paid in 6 or more monthly installments within 24 months.

Does the IRS stop collection while my offer is pending?

Collection is ordinarily suspended while it is pending, for 30 days after a rejection and during a timely appeal.

Can I appeal if my offer is rejected?

Yes, within 30 days of the rejection letter.

What if I can pay over time?

A taxpayer who can fully pay through an installment agreement generally will not qualify for an offer.

Can I apply while in bankruptcy?

No, the IRS booklet says you are not eligible while in an open bankruptcy proceeding.
Disclaimer:This guide gives general tax information for educational purposes and is not tax, legal or financial advice. Rules, forms and deadlines are set by the authorities named here and can change; check the official sources linked in this guide and talk to a qualified tax professional about your own situation.
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