Once my OIC is accepted, does interest still accrue?

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Written by
Jeffrey Johnson
Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Reviewed by
Jeffrey Johnson

Updated July 2023

Yes.  Once your Offer in Compromise (OIC) is accepted, interest accrues but the taxpayer’s requirement to pay it is suspended.

What is an Offer in Compromise (OIC)

An offer in compromise (OIC) is an agreement between the Internal Revenue Service (IRS) and the taxpayer in which the IRS agrees to settle the taxpayer’s past due tax liability by accepting an amount that is lower than the total past due amount. For example, if Mary owes $1000 in back taxes, she can ask the IRS to settle for $800. Once the IRS accepts an OIC, interest continues to accrue on the past due amount, but the taxpayer’s obligation to pay the interest is suspended until the amount agreed to in the OIC is paid off in full. If the taxpayer fails to pay the OIC amount in full or defaults on payments, the IRS will then add the accrued interest to the full past due amount. Assume Mary’s OIC to settle her $1000 past due tax liability for $800 is accepted by the IRS and she requests a payment plan of $100 a month to pay off the settlement amount of $800. The IRS will continue to calculate interest on the total amount due, but Mary will not be required to pay that if she continues to make her monthly payments and pays the amount in full.

Consequences of Default on an Offer in Compromise

However, in the earlier example, if Mary were to default on her payments, the entire past due amount would become due plus the accrued interest. Thus is it in her best interest to think carefully about her financial obligations and abilities before agreeing to an Offer in Compromise with the IRS. That money and more (due to the continuously accruing interest on the principal) will always remain due to the government. Thus there is no true default mechanism for Offers in Compromise.

Case Studies: Examples of Offer in Compromise (OIC) Scenarios

Case Study 1: John’s Offer in Compromise

John owed $10,000 in back taxes to the IRS. He submitted an Offer in Compromise (OIC) to settle his debt for $5,000. The IRS accepted his offer, and John entered into a payment plan of $500 per month. While interest continued to accrue on the remaining balance, John was not required to pay the accrued interest as long as he made his monthly payments and paid off the $5,000 settlement amount in full.

Case Study 2: Sarah’s Default on an Offer in Compromise

Sarah’s OIC to settle her $8,000 past due tax liability for $4,000 was accepted by the IRS. She agreed to a monthly payment plan of $400. Unfortunately, Sarah defaulted on her payments after three months. As a result, the entire $8,000 past due amount became due, and the accrued interest was added to the total. Sarah now had to pay the full amount, including the accumulated interest.

Case Study 3: Michael’s Successful Offer in Compromise

Michael had a significant tax debt of $50,000. He was struggling to meet his financial obligations and decided to explore the option of an Offer in Compromise (OIC). After careful consideration and consultation with a tax professional, Michael submitted an OIC requesting to settle his debt for $10,000. The IRS reviewed his financial information and accepted the offer.

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