OIC-101 (07/19) Offer In Compromise Instruction Booklet State of North Carolina Department of Revenue Help Preparing an Offer In Com- What is an Offer In Compromise? promise The North Carolina Offer In quired to complete and submit Forced collection actions, such This Booklet provides instructions Compromise program allows forms detailing your income, as garnishments, in effect at for taxpayers preparing an Offer In qualifying, financially distressed expenses, assets and liabilities. the time you submit your offer, Compromise. taxpayers the opportunity to put You will also be required to will not automatically be Additional instructions and web-fill overwhelming tax liabilities substantiate the information on suspended during the review versions of forms are available on behind them by paying a lump these forms with documents period. Interest and penalty will the Department’s web-site at sum amount in exchange for such as pay stubs, loan records, continue to accrue on any un- www.dornc.com. the liability being settled in full. etc. paid tax debt while the offer is Contact the collection agent handling The law provides specific re- being considered. During the review of your finan- your account or the local service quirements for accepting an cial condition, the Department This booklet provides instruc- center for your county of residence offer. The goal of the Offer In will estimate how much it can tions, forms and other materials for assistance with specific questions. Compromise program is to collect over time if the offer is you will need to submit a re- See the last page of this booklet for resolve a liability in a way that is contact information or visit: not accepted. The review must quest for an offer in compro- https://www.ncdor.gov/contact- in the best interest of both the indicate that your financial situ- mise. If you have questions or us/office-locations State and the taxpayer. ation prevents full payment for need additional assistance, You are required to provide the foreseeable future. please contact your local reasonable documentation of service center. See the last An offer will not be considered if Contents financial condition and ability to page of this booklet for contact it is determined that the offer pay with your request for an information or visit: was filed for the purpose of Statutory Authority and Basic Require- 2 offer. A complete review of your https://www.ncdor.gov/contact- ments delaying collection or otherwise current financial situation will us/office-locations jeopardizing the Department’s Preparing to Submit an Offer In Com- 3 be conducted as a part of the ability to collect the tax debt. promise offer process. You will be re- Evaluation of Your Offer in Compro- 4 mise Monthly Disposable Income 5 What Factors Are Considered When 6 Evaluating My Offer for Acceptance or Denial? Do I Need Professional Assistance to Submit an Offer? What to Submit with the Offer 7 The NC Offer In Compromise service centers. See the last While you are welcome to seek program is designed to be com- page of this booklet for contact professional assistance, the NC Form OIC-100 8 pleted by taxpayers with assis- information or visit : Offer In Compromise program is tance from NCDOR personnel. https://www.ncdor.gov/contact- designed to meet the needs of Third Party Affirmation 10 We encourage taxpayers to us/office-locations taxpayers acting on their own seek assistance from our local behalf. What Happens to My Offer After It Is 11 Submitted? Where to Submit an Offer and 12 Request Assistance |
OIC-101 Page 2 Statutory Basis for Offer In Compromise NC Gen. Stat. 105-237.1 provides the authority for the Secretary of Revenue to entertain an offer in compromise: § 105-237.1.Compromise of liability. (a) Authority. – The Secretary may compromise a taxpayer's liability for a tax that is collectible un- der G.S. 105-241.22 when the Secretary determines that the compromise is in the best interest of the State and makes one or more of the following findings: (1) There is a reasonable doubt as to the amount of the liability of the taxpayer under the law and the facts. (2) The taxpayer is insolvent and the Secretary probably could not otherwise collect an amount equal to or in excess of the amount offered in compromise. A taxpayer is consid- ered insolvent only in one of the following circumstances: a. It is plain and indisputable that the taxpayer is clearly insolvent and will re- main so in the reasonable future. b. The taxpayer has been determined to be insolvent in a judicial proceeding. (3) Collection of a greater amount than that offered in compromise is improbable, and the funds or a substantial portion of the funds offered in the settlement come from sources from which the Secretary could not otherwise collect. (4) A federal tax assessment arising out of the same facts has been compromised with the federal government on the same or a similar basis as that proposed to the State and the Secretary could probably not collect an amount equal to or in excess of that offered in compromise. (5) Collection of a greater amount than that offered in compromise would produce an unjust result under the circumstances. (6) The taxpayer is a retailer or a person under Article 5 of this Chapter; the assessment is for sales or use tax the retailer failed to collect or the person failed to pay on an item taxable under G.S. 105-164.4(a)(10) through (a)(15), and the retailer or person made a good-faith effort to comply with the sales and use tax laws. This subdivision expires for assessments issued after July 1, 2020. (7) The assessment is for sales tax the taxpayer failed to collect or use tax the taxpayer failed to pay as a result of the change in the definition of retailer or the sales tax base expansion to (i) service contracts, (ii) repair, maintenance, and installation services, or (iii) sales transactions for a person in retail trade. The Secretary must determine that the taxpayer made a good-faith effort to comply with the sales and use tax laws. This subdivi- sion applies to assessments for any reporting period beginning March 1, 2016, and ending December 31, 2022. Basic Requirements Please review the following statements. Each assessment for all NC state taxes that you statement must be “True” in order for the De- owe. partment to process your offer request. If your response to any of these statements is “False,” 3. You are not the subject of an open or active your offer cannot be processed at this time. bankruptcy case. 1. You have filed all required tax returns and 4. You have filed the current year’s tax return reports. (s) and paid any liabilities shown due in full. The current year’s return is the return most 2. You have received a final notice of recently due. |
OIC-101 Page 3 Preparing to Submit an Offer 1. You must file all tax returns that you were legally required to file prior to submitting the offer. All returns required for the current year must also be filed and any liabili- ties shown due paid in full. If you did not file a return for a prior period because you were not legally required to file, you must include a detailed explanation of circum- stances with the offer. All tax returns that become due while the offer is pending must be filed and paid in full by the due date. 2. All estimated payments (if required) must be paid to date for the current year. 3. The OIC-100 and OIC-1062 (Collection Information Statement for Individuals) or OIC- Keep Copies! 1063 (Collection Information Statement for Businesses) must be completed and signed with appropriate identification numbers and all sections completed. Items You should make that do not apply to you should be notated with “N/A.” If your source of funds is copies of all “third party”, please attach form OIC-102 to your OIC-100. documents submitted Documents that must be included with the Collection Information Statement are: to the Department for If wage earner, last 2 months paystubs your records. Do not Complete copies of last 3 bank statements for all accounts send original copies Complete copies of last 2 federal income tax returns (if required to file) with your offer in compromise to the If you claim to also owe the IRS, you must include a current federal ac- count transcript for each outstanding period and tax schedule. Department since they will not be Substantiation for any claims of special circumstances made in section 8 of OIC-100 Explanation of Circumstances (copies of actual monthly returned. expenses, court ordered payments, out-of-pocket medical expenses, physician’s statements detailing illness, etc.) Substantiation of claimed mortgages, vehicle liens and any other claimed judgments or liens Additional information must be provided within the requested time frame 4. Liabilities must be final assessed by the Department in order to be considered for settlement. We cannot process an offer if any liability has not been final assessed. 5. You must pay 20% of the amount offered in compromise (non-refundable) in certi- fied funds when the offer is submitted. Exceptions exist for taxpayers whose in- come is below federal poverty guidelines or when a Third Party Affirmation form (OIC-102) is submitted with the offer. 6. If your basis for compromise is reasonable doubt as to the amount of liability, please include a computation of the claimed corrected tax due, an explanation of how you arrived at the amount and any verifying documentation. |
OIC-101 Page 4 Evaluation of an Offer in Compromise For any basis for compromise through 10 on the OIC-1062. the ability to fully pay the tax other than reasonable doubt as Business entities (Corporations, liability, either immediately or to the amount of liability, com- partnerships, LLCs, etc.) should through an installment agree- plete financial information must submit OIC-1063 Collection ment, or you can pay a greater be provided. You must send Information Statement for Busi- amount than that offered in information that reflects your nesses. Required documenta- compromise, your offer will be financial situation for the three tion is listed under the signa- denied. All offer amounts must months immediately preceding ture line of the collection infor- exceed zero, and your offer the date you submitted your mation statements. cannot include monies already offer in compromise. Your offer paid to the Department. The information provided on the amount must equal or exceed collection information state- the amount the Department ments (Form OIC-1062 and OIC- can collect over the statutory 1063) assists us in determining period of collections. The collection the collection potential. This Individual taxpayers must sub- collection potential will be com- potential equals your mit form OIC-1062 Collection prised of the net equity of your net equity in assets Information Statement for Indi- assets plus the amount we viduals, with sections 1 through project we could collect from held plus estimated 8 completed. Proprietorships your future income. collection potential and self employed individuals If the Department’s financial should complete sections 1 from analysis indicates that you have future income Net Equity in Held Assets The Department will begin with analysis of any real property allowed. an analysis of your liquid as- owned by researching the coun- Other property – Other proper- sets. These assets include, but ty tax value and subtracting any ties owned such as inventory or are not limited to, cash on outstanding mortgages on the non-licensed assets will be val- hand, an average of all bank property. The most current ued based on the amounts account balances, investment mortgage statements must be claimed on federal income tax and retirement account balanc- submitted with the offer for the returns as well as other re- es and cash value of all insur- loan to be allowed. search conducted on those ance policies. You must include Personal Property Valuation - assets. your last 3 months statements Purchased vehicle and other for all accounts (checking, sav- Asset values minus any liens licensed asset value is calculat- ings, and investments), retire- superior to the Department’s, ed using the NADA value minus ment account statements and such as those arising from lRS any outstanding loan balance. insurance policy statements or county tax debts, will equal The most current loan state- with your offer. your total equity in assets held. ments for each vehicle/licensed Real Property Valuation – The asset owned must be submitted Department will conduct an with the offer for the loan to be |
OIC-101 Page 5 Monthly Disposable Income Monthly disposable income is Total allowable monthly expenses The Department will not only evaluated by subtracting the are calculated using Collection Fi- consider current disposable lesser of monthly allowable or nancial Standards provided by the income, but also future dispos- actual expense from total in- IRS for housing and utilities, food, able income by determining come. Total monthly income is clothing & other items, vehicle oper- what could be collected over evaluated by examining a total ating costs, public transportation the statutory period of collec- of 2 months paystubs, monthly costs, vehicle loans, and medical tion through an installment pensions, social security, divi- costs as well as actual alimony, agreement or attachment. If dends, profit from business, child support, day care expense, more can be collected over the alimony, child support, commis- health and life Insurance expense, statutory period of collection sions or any other income IRS and estimated tax payments, that the amount you have of- sources. If your income varies and any court-ordered payments. If fered in compromise, your offer from month to month, the De- actual monthly expenses are less will be denied. partment may require a longer than Collection Financial Standards, period of documentation of the actual expenses will be evaluat- earned income in order to as- ed. sess your disposable income. 20% Down-Payment Requirement The Department requires a 20% down payment of the offer amount. This will be applied towards your tax liability and will not be refunded if the offer is later denied. Payment must be submitted in certified funds or by credit card. Offers received without the down payment will not be processed. If your gross income falls below the Federal Poverty Guidelines or you attach a Third Party Affirmation form (OIC-102) with your offer, you may be exempted from this requirement. |
OIC-101 Page 6 What Factors are Considered When Evaluating My Offer for Acceptance or Denial? The Department performs an and estimated tax payments, Installment Agreement– If the analysis of your financial condi- and any court-ordered pay- current installment agreement tion as a part of the review pro- ments should be provided or will pay more over the statutory cess. Failure to provide docu- the claimed expenses will not period of collection than the amount offered in compromise, mentation to support income, be considered. your offer may be denied. expenses, and loan balances can impact the Department’s Property Valuation – The De- evaluation of your financial partment will assess the value Other – The law gives the Sec- profile and result in denial of of all property that you own. If retary the option to accept an your offer. the Department determines offer but in no way requires it. value of the property is greater In any instance where the Sec- Omitted Items – If you omit than shown on your financial retary determines that ac- income, assets, or other items statement, your offer may be ceptance is not in the best in- of significance from your finan- denied. terest of the State, the offer will be denied. cial statement, your offer may be denied. Collected Taxes – If your debt is based on taxes collected from History of Non-Compliance– A others, but not remitted (such history of regular or willful non- as sales or employee withhold- compliance with revenue stat- ing taxes) the offer may not be utes may constitute grounds for accepted. rejection of your offer. Insufficient Documentation -If Earned Income– If an attach- documentation for outstanding ment of earned income will mortgage and loan balances for collect more over the statutory real and personal property is period of collection than the not provided, the loan balances amount offered, your offer may will not be considered. In addi- be denied. tion, claimed expenses for ali- mony, child support, day care, health and life insurance, IRS Will offers for my interest only in a joint income tax liability be considered? In order to settle one In order to receive relief for your interest in a No. If you have filed a joint income tax return for jointly filed income tax liability, you must qual- person’s interest in a the year(s) in which you are requesting relief, you ify for Innocent Spouse Relief under N.C.G.S. must submit an offer in compromise from both joint income tax lia- parties that includes financial information from § 105-153.8(e). If you request and qualify for and has been signed by both parties. Innocent Spouse Relief, you will be notified by bility, you must the Department of your percentage of relief qualify for Innocent Pursuant to G.S. § 105-153.8(e), a wife and hus- once your request has been processed. If Spouse Relief. You band filing jointly are treated as one taxpayer for you do not qualify for Innocent Spouse Relief, the purpose of determining the tax imposed by you will remain jointly and severally liable for cannot be relieved of this Part. A husband and wife filing jointly are the balance of tax, penalty and interest due. the liability through jointly and severally liable for the tax imposed by You cannot request an offer in compromise to this Part reduced by the sum of all credits allowa- an offer in compro- ble including tax payments made by or on behalf settle your interest in the outstanding liability. mise. of the husband and wife. |
Page 7 OIC-101 Page 7 What Do I Send With My Offer? 1. OIC-100 Form completed and signed (Pages 8 & 9) 1a. If source of funds is “third party”, please attach completed Third Party Affirmation form (Page 10) (OIC-102) to OIC-100 2. OIC-1062 (Collection Information Statement for Individuals) or OIC-1063 (Collection Information Statement for Businesses) completed and signed Keep Copies! 3. Supporting Documentation You should make If wage earner, last 2 months paystubs copies of all Complete copies of last 3 bank statements for all accounts documents submitted Complete copies of last 2 federal income tax returns (if required to the Department for to file) your records. Do not If you claim to also owe the IRS, you must include a current feder- send original copies al account transcript for each outstanding period and tax sched- with your offer in ule. compromise to the Substantiation for any claims of special circumstances made in Department since section 8 of OIC-100 Explanation of Circumstances (copies of ac- they will not be tual monthly expenses, court ordered payments, out-of-pocket medical expenses, physician’s statements detailing illness, etc.) returned. Substantiation of claimed mortgages, vehicle liens and any other claimed judgments or liens Additional information must be provided within the requested time frame. 4. Liabilities must be final assessed by the Department in order to be con- sidered for settlement. We cannot process an offer if any liability has not been final assessed. 5. The Department requires a 20% down payment in certified funds of the offer amount unless your gross income is below Federal Poverty Guide- lines or you attach a Third Party Affirmation form. This is non-refundable and will be applied against the outstanding liability. 6. If your basis for compromise is reasonable doubt as to the amount of lia- bility, please include a computation of the claimed corrected tax due, an explanation of how you arrived at the amount, and any verifying documen- tation. 7. Information should be submitted to the service center serving your county of residence, or in the case of a business, where the business is located. The last page of this booklet provides contact information. |
OIC-101 Page 8 |
OIC-101 Page 9 Form OIC 100 (page 2) 8) Explanation of Circumstances I am requesting an offer in compromise for the reason(s) listed below: Note: If you are requesting a compromise based on doubt as to liability, explain why you do not believe you owe the tax. If you think you have special circumstances affecting your ability to fully pay the amount due, explain your situation. You may attach additional sheets if necessary. * I declare that to the best of my knowledge and belief this statement of assets, liablities, and other information is true, correct and complete. Signature Date Telephone No. |
OIC-101 Page 10 Form OIC 102 (06-12) NORTH CAROLINA DEPARTMENT OF REVENUE Third Party Affirmation of Offered Amount Taxpayer Name: ______________________________________ Taxpayer SSN/FEIN: __________________________________ Amount Offered: _____________________________________ I, ___________________________________________ (third party name), will provide $ ________________ (amount of offer) in certified funds for ________________________________________ (taxpayer name) payable to the North Carolina Department of Revenue within 30 days after acceptance of the offer in compromise. Printed Third Party Name: _____________________________________________________________________________________ Third Party Address: __________________________________________________________________________________________ Third Party Signature: ________________________________________________________________________________________ Date: ___________________________ _____________________ State _____________________ County “I, _________________________________________, a Notary Public for said County and State, do hereby certify that _______________________________________ personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official seal, this the ________ day of _____________________________, 20___. ________________________________ Notary Public My commission expires ___________, 20 ___. |
OIC-101 Offer In Compromise Page 11 Instruction Booklet What Happens After My Offer is Submitted? How we evaluate your offer in promise (OIC) Unit for evalua- Revenue, who has the final compromise: First, the assigned tion of the offer. approval for all offer in compro- revenue officer makes an initial mise decisions. The OIC Unit performs an analy- review of the file to determine sis of the information provided. whether the offer may be pro- You may be contacted if addi- cessed and may request addi- tional information or documen- tional documentation to verify tation is needed. the information you provide. The complete offer packet is The OIC Unit makes a recom- forwarded to the Offer in Com- mendation to the Secretary of A Certificate of Tax Liability may be filed at Will Collection Actions Stop? any time while Not necessarily. collect the tax liability while we It is important to note that the your offer is being consider and evaluate your Department will not suspend There are certain circumstanc- offer. collection if we determine that considered. es when the Department will you submitted your offer to suspend collection activities We will also allow 14 days for delay collection or cause a de- while we consider your offer. you to respond after we send a lay which will jeopardize our After an offer is determined to letter notifying you of the De- ability to collect the tax. be complete and submitted for partment’s decision to deny Offer amounts processing, we will not act to your offer. must be paid in full with certified If Your Offer is Accepted funds or by credit The Department will notify you the 20% down payment. Install- the Department receives pay- card when an and your designated repre- ment payments made toward ment of the accepted offer offer is accepted. sentative by mail if the offer is the account while the offer is amount in certified funds or by accepted. Payment of the ac- being considered will not de- credit card. Payment plans cepted offer must be made in crease the total amount due. If an offer in compromise is certified funds or by credit card are not accepted The Department cannot accept accepted, the Department will by the payment due date as for offer funds. payment plans on an offer in not accept another offer in com- indicated on the acceptance compromise. promise for you for a period of letter (usually 30 days from 10 years after the acceptance date of the acceptance letter). A recorded Certificate of Tax date. The total amount due will be Liability will be released when the accepted offer amount less If Your Offer is Denied Notification: You will be notified may be denied. If you are una- vision for appeal of a denied by mail if the offer is denied. ble to counter offer, you should offer. The Department may immediately contact the De- reconsider a denied offer if As part of the review process, partment to arrange payment of there is a material change in the Department will determine the entire liability. the taxpayer’s circumstances, the collection potential of your or if the Department misinter- account over the statutory peri- Installment Payments: If imme- preted information contained in od of collection. If the amount diate payment of the entire the original offer. The denial offered is less than what the liability is not possible, you may letter will contain contact infor- Department can expect to col- request payment through a mation for the Revenue Officer lect, the offer may be denied. If Department-approved install- assigned to your case for ques- the amount offered is a small ment payment agreement. tions or clarifications. percentage compared to the Appealing the Decision: North total amount due, your offer Carolina statutes make no pro- |
OIC-101 Page 12 Where to Submit an Offer or for Assistance Completing an Offer Call or visit the local Service Center Collection Office that serves your county of residence or location of your business. Office Counties Office Location Telephone Buncombe, Cherokee Clay, Graham, Haywood, Henderson, Jackson, Ma- 800 Alliance Court Asheville 828-259-4080 con, Madison, Mitchell, Polk, Ruther- Asheville, NC 28806 ford, Swain, Transylvania, Yancey Anson, Cabarrus, Gaston, Mecklen- 301 McCullough Drive, Suite 300 Charlotte 704-519-3380 burg, Rowan,Stanley, Union Charlotte, NC 28262 Durham, Granville, Orange, Person, 3518 Westgate Drive, Suite 150 Durham 919-627-6900 Vance Durham, NC 27707 Bertie, Camden, Chowan, Currituck, 1870 West City Dr. Dare, Gates, Hertford, Hyde, Elizabeth City P.O. Box 1130 252-338-7480 Pasquotank, Perquimans, Tyrell, Elizabeth City, NC 27909 Washington Bladen, Cumberland, Duplin, Harnett, 3401 Village Dr., Suite 300 Fayetteville Hoke, Lee, Moore, Richmond, 910-486-3880 Fayetteville, NC 28304 Robeson, Sampson, Scotland Alamance, Caswell, Chatham, 1500 Pinecroft Rd. Greensboro Davidson, Guilford, Montgomery, Asheville Building, Suite 300 336-487-0280 Randolph, Rockingham Greensboro, NC 27407 Greenville/ Beaufort, Craven, Greene, Jones, 300 Beacon Drive 252-830-2480 Winterville Lenoir,Martin, Pamlico, Pitt, Wayne Winterville, NC 28590 Alexander, Avery, Burke, Caldwell, 1985 Tate Blvd., Suite 362 Hickory Catawba, Cleveland, Iredell, Lincoln, 828-261-7580 Hickory, NC 28602 McDowell, Watauga 301 McCullough Drive, Suite 300 Interstate Outside of North Carolina 704-519-3016 Charlotte, NC 28262 4701 Atlantic Avenue, Suite 118 Raleigh Johnston, Wake 919-707-0881 Raleigh, NC 27604 Edgecombe, Franklin, Halifax, Nash, 793 Country Club Road Rocky Mount 252-467-9240 Northampton, Warren, Wilson Rocky Mount, NC 27804 Brunswick, Carteret, Columbus, New 3340 Jaeckle Drive, Suite 202 Wilmington 910-254-5080 Hanover, Onslow, Pender Wilmington, NC 28403 Alleghany, Ashe, Davie, Forsyth, 450 West Hanes Mill Rd., Suite 202 Winston-Salem 336-661-6880 Stokes, Surry, Wilkes, Yadkin Winston-Salem, NC 27105 |