top of page

What Percentage Will the IRS Settle For?

  • 24 minutes ago
  • 6 min read

By Suzanne Weathers, EA | Weathers & Associates Consulting

Solving Tax Problems



Daily strategy meeting at Weathers  & Associates Consulting

If you have spent any time searching online for help with IRS debt, you have almost certainly seen

the advertisements.


“Settle your tax debt for pennies on the dollar.”

“We helped thousands of taxpayers eliminate their IRS debt.”

“Find out if you qualify.”


It is understandable why those messages capture attention. If you are carrying a tax balance that has been weighing on you for months, or perhaps years, the possibility of paying only a small percentage sounds like the answer you have been hoping to find.

Eventually, almost every consultation reaches the same question.

“So, what percentage does the IRS usually settle for?”


I understand why people ask it. The difficult part is that the IRS does not have a percentage.


There is no chart that says a $50,000 debt settles for twenty percent while a $200,000 debt settles for ten. There is no formula that automatically reduces balances once they reach a certain amount. And there is no secret program available only to people who know where to look.


The IRS approaches settlement from an entirely different perspective. Instead of asking, “How much should we forgive?” the IRS asks, “How much can we reasonably expect to collect?” That single question changes everything.


The amount owed is not the starting point. One of the biggest misconceptions about tax resolution is the belief that the amount you owe determines whether you qualify for settlement. In reality, two taxpayers can each owe exactly $150,000 and receive completely different outcomes.

Imagine two neighbors each owe the IRS approximately the same amount.


One owns a home with substantial equity, has steady employment, contributes regularly to retirement accounts, and has years remaining in the workforce. The other rents a modest apartment, lives primarily on Social Security and a small pension, and has significant health concerns that permanently limit earning capacity. The tax debt may be identical. Their settlement analysis will not be.


That surprises many people. After all, from the taxpayer’s perspective, the debt feels the same. From the IRS’s perspective, the question has never been the size of the debt. It has always been collectability.


This is where assets matter even when cash flow is tight and where the many conversations become uncomfortable, because taxpayers and the IRS often view financial circumstances through very different lenses.


A taxpayer may say, “I can barely make my monthly bills.” And they may be absolutely correct.


But the IRS looks beyond monthly cash flow. It also looks at home equity, retirement accounts, investment accounts, business interests, and other property that may have value. It does not automatically mean those assets must be sold. Nor does it mean settlement is impossible. It means the IRS is evaluating the entire financial picture rather than only what remains at the end of each month.


I have had conversations with individuals who were genuinely surprised by this distinction. They had spent decades responsibly paying down a mortgage and contributing to retirement savings. They never imagined those decisions, made to provide long-term security, would become part of an IRS collection analysis. It can feel discouraging at first. But understanding how the IRS evaluates a case is far more useful than relying on assumptions or advertising promises.


Life circumstances can change this calculation through analysis. Not every taxpayer has the same future earning capacity they once did. A serious medical diagnosis, permanent disability, neurological condition affecting memory or executive function, or a spouse becoming a full-time caregiver can permanently alter the household’s financial future. These are not simply emotional circumstances, these are financial realities that may change future collectability.


The Internal Revenue Code authorizes Offers in Compromise under IRC §7122, and the Internal Revenue Manual provides procedures for evaluating those offers. Part of that evaluation includes determining what the IRS calls Reasonable Collection Potential.


While the phrase sounds technical, the concept is straightforward: the IRS is attempting to determine what it can reasonably collect from the taxpayer before the collection statute expires. Sometimes the answer is the full amount. Sometimes it is substantially less. Sometimes, because of age, health, or permanent changes in financial circumstances, the answer changes dramatically.


This is why no ethical representative can tell someone they qualify for settlement after a brief telephone conversation. The analysis requires a complete financial review, transcript analysis, and documentation of any circumstances that materially affect future collection.


Therefore, the remaining collection period matters which is another factor that rarely appears in television advertisements but often becomes important during professional representation: time.


Under IRC §6502, the IRS generally has ten years to collect an assessed tax liability. That period is commonly measured through the Collection Statute Expiration Date, or CSED. A taxpayer with eight years remaining on the collection statute may have very different options than someone with only eighteen months remaining.


In some cases, submitting an Offer in Compromise may be the appropriate course of action. In others, particularly when hardship exists and the collection statute is nearing expiration, a different strategy may better protect the taxpayer’s long-term position.


Some actions can suspend or extend the collection period. That is why settlement should never be evaluated in isolation. A decision that sounds helpful in the moment may change the timeline and affect options that would otherwise have been available.


In our earlier article, “Can IRS Tax Debt Really Be Forgiven?”, we explained that settlement is one form of relief, but not the only one. A taxpayer may instead be better served by an installment agreement, hardship status, penalty relief, or a strategy shaped by the remaining collection period.

We also discussed in “Who Qualifies for the IRS Hardship Program?” that the IRS evaluates hardship differently than most taxpayers do. Settlement uses many of the same financial facts, but it asks a different question. Hardship analysis asks whether active collection would prevent the taxpayer from meeting necessary living expenses. Settlement analysis asks what the IRS can reasonably collect over time. And in “What If I Owe the IRS and Can’t Pay?”, we emphasized that inability to pay today does not automatically mean settlement is the best answer. The right solution depends on income, assets, health, future earning capacity, and time remaining on the collection statute.


Those articles provide important context because an Offer in Compromise is not a stand-alone decision. It is one option within a larger resolution strategy.


If you also owe a state tax agency, remember that the analysis does not stop with the IRS. Federal and state taxing authorities operate independently. Each administers its own laws, collection procedures, settlement programs, hardship standards, and limitation periods. Depending on the jurisdiction, state tax issues may involve income taxes, capital gains taxes, estate taxes, excise taxes, use taxes, business taxes, or other state-imposed obligations.


Resolving an IRS liability does not automatically resolve a state balance, and resolving a state balance does not eliminate the federal obligation. When both exist, each agency generally requires its own financial review and resolution strategy. Looking at the entire picture, rather than one notice from one agency, is often the first step toward developing a plan that is realistic and sustainable.


So, what percentage will the IRS settle for? The most accurate answer is one that many people initially find disappointing: there is no standard percentage. The IRS settles based on what it reasonably believes can be collected under federal law after considering income, allowable living expenses, assets, future earning potential, special circumstances, and the remaining collection period.


For some taxpayers, that means paying the balance in full over time. For others, it may mean settlement for substantially less. For still others, hardship status or another resolution path may provide the better long-term outcome. The percentage is not where the conversation begins. Understanding the taxpayer’s complete circumstances is.


Once assumptions are replaced with facts, the conversation changes. And from there, so do the possibilities.


This article builds on the earlier posts in our Understanding IRS Tax Debt series. Readers who want the broader foundation may begin with “What Is the Best Way to Get Out of IRS Debt?” and then continue through the articles on hardship, inability to pay, and whether IRS tax debt can really be forgiven.


Our next article will examine another phrase frequently used in tax-relief advertising: “IRS one-time forgiveness.” We will explain what that term usually means, how First-Time Penalty Abatement differs from settlement, and why penalty relief should be evaluated as part of the complete resolution strategy rather than as a stand-alone promise.


At Weathers & Associates Consulting, we guide taxpayers through exactly this process. We don’t sell fear or shortcuts—we build plans based on an understanding of the tax code, numbers, and what is possible.

 

And if you ever want guidance, we’re here.


Need a hand?  📞 (509) 994-8904 | contact us



 
 
 
Weathers + Associates
421 W Riverside Ave, Ste 1081
Spokane WA 99201

509-994-8904


 
Download your free document checklist!

Sign up for updates & tools as you work through tax issues —

© 2020 by Wilson Creative

bottom of page