A contract is usually discharged by performance of the terms of the agreement. However, the parties may agree to a different performance. This is called an accord. When the accord is performed, this is called an accord and satisfaction. The original obligation is discharged.
In order for there to be an accord and satisfaction, there must be
(1) a bona fide dispute;
(2) an agreement to settle the dispute; and
(3) the performance of the agreement.
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You're eligible to apply for an Offer in Compromise if you: Filed all required tax returns and made all required estimated payments. Aren't in an open bankruptcy proceeding. Have a valid extension for a current year return (if applying for the current year)
?Negotiating with a collection agency can be challenging, but it is vital to reach a fair settlement,? Raymond Quisumbing, a registered financial planner at Bizreport, said. ?Offering 25%-50% of the total debt as a lump sum payment may be acceptable.
Aside from the most obvious of these?that the process has the potential to substantially reduce your tax liability to levels consistent with your financial ability to pay?an Offer in Compromise will put the collection activities of other creditors on hold.
The cons include: Not everyone qualifies for OIC. This method is typically best for people who have very few assets and who are low income earners. With this method, you are able to reduce what you owe. However, you also surrender your right to tax credits that you may have access to each year.
For the IRS to accept an offer, you must file all tax returns due and be current with estimated tax payments or withholding. If you own a business and have employees, you must file all returns and be current on all your federal tax deposits. NOTE: If you or your business is currently in an open bankruptcy.
Mississippi law limits the amount of money that your creditors can take from your wages to pay a debt. Under federal and Mississippi law, most creditors with judgments can take up to 25% of your wages. Mississippi law prevents creditors from garnishing wages for the first 30 days after a court orders a garnishment.
Once you have your remaining future income calculated, add that amount to the sum of your available equity in assets and/or your available business equity in assets, if applicable. Once these boxes are added together, you'll have your Offer in Compromise amount.
The MS DOR is willing to settle state income tax debts for certain taxpayers who cannot afford to pay in full. This is called an offer in compromise, and when you apply, you need to provide details about your financial situation so that the state can decide whether or not to waive a portion of your bill.
