Iowa Admin. Code r. 701-19.5

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 701-19.5 - Offers in compromise

(1)When to file. An offer in compromise packet should be used to apply for relief based on doubtful collectability or severe economic hardship.

(2)How to submit a packet. To apply, a taxpayer must submit an offer in compromise packet in the department's prescribed paper or electronic format. An offer in compromise packet can be submitted through GovConnectIowa or by using the form available on the department's website and following the submission instructions on the form.

(3)Required information. An offer in compromise must be submitted using the department's offer in compromise packet.

(4)Review of requests.

a. After the packet has been submitted, it will be reviewed by department staff.

b. Additional information may be requested to assist the department in its review.

c. A letter will be issued to the applicant notifying the applicant of the decision to grant, deny or partially grant the offer in compromise request. The department's decision on an offer in compromise request will only be contained in a formal determination letter.

d. Applicants whose applications are granted in part will receive an agreement describing the terms of the partially granted offer in compromise request and must sign and return that agreement to the department in order to receive the partially granted offer in compromise.

e. Decisions to enter into an offer in compromise must be approved by the bureau chief of the central collections unit, the director, the deputy director, the division administrator of the legal services and appeals division, or another staff member designated by the director.

(5)Limitations. The department will not review offer in compromise applications until a liability is at least one year old. Premature applications will be denied. Denial on this basis does not prevent the taxpayer from reapplying at a later date.

Iowa Admin. Code r. 701-19.5

Rescinded by IAB February 8, 2023/Volume XLV, Number 16, effective 3/15/2023

Adopted by IAB December 13, 2023/Volume XLVI, Number 12, effective 1/17/2024