Unfiled Returns, 1099 Income, Possible OIC Candidate
The Situation
A self-employed consultant in a high cost-of-living city had avoided filing taxes for four years due to anxiety and inability to set aside enough to pay. After finally getting financially stable enough to face it, the estimated total liability across four years came to approximately $80,000 including penalties and interest. Income was around $90,000 per year but with a disabled spouse, high medical expenses, student loans, and no significant assets — they rented and had no retirement savings.
Key Factors
- ✓ No home equity (renter)
- ✓ Disabled spouse reduces household disposable income
- ✓ High medical expenses count as allowable IRS expenses
- ✓ Student loan payments count as allowable expenses
- ✓ No retirement accounts to count against RCP
- ✗ Unfiled returns must be filed before any resolution option opens up
What Applied
First — file all unfiled returns immediately. The failure-to-file penalty (5% per month) is five times worse than the failure-to-pay penalty (0.5% per month). Filing stops the worse penalty from accruing even if you can't pay yet.
Second — request First Time Penalty Abatement after filing. With a clean compliance history before the unfiled years, FTA could remove penalties on at least one year — potentially $8,000-$15,000 off the balance.
Third — run the OIC Pre-Qualifier at IRS.gov. Given no assets and high allowable expenses, this person's Reasonable Collection Potential may be low enough to support an OIC offer significantly below the total balance.
Potential Outcome
After FTA and a successful OIC, total resolution could be $15,000-$25,000 on an $80,000 liability. Without taking these steps — and without understanding that assets, not just income, determine OIC eligibility — this person would likely have paid far more than necessary.
Mistake to Avoid
Calling a debt relief company before trying FTA. FTA is free, takes one phone call, and could remove tens of thousands in penalties before any other strategy is needed.