Form 21 - Offer In Compromise Individual Request For Settlement Page 2
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4OFFER IN COMPROMISE – TERMS AND CONDITIONS
Section 58.1-105 of the Code of Virginia allows the Tax Commissioner to compromise and settle doubtful
or disputed claims for taxes or tax liability of doubtful collectibility. The Department of Taxation will
consider Offer in Compromise under the following circumstances:
Doubtful Collectibility: You cannot pay the bill. You must submit a current financial statement with
the Offer in Compromise request form.
Doubtful Liability: You question office audit procedures and/or an established tax law. You must
provide a detailed explanation with the Offer in Compromise request form.
Request for Waiver of Penalty: Extenuating circumstances caused late filing or late payment. You
must submit a detailed explanation with the Offer in Compromise request form. The department will
consider waiver for penalties only due to reasonable cause. Taxes and/or interest can be waived in
cases of doubtful collectibility.
DO NOT FILE AN OFFER IN COMPROMISE IF YOUR BILL IS INCORRECT. To protest the bill,
contact the Office of Customer Service at:
(804) 367-8031 or
P.O. Box 1115, Richmond, VA 23218-1115.
In submitting an Offer in Compromise, you must complete the Offer in Compromise Individual
Request for Settlement form and attach supporting documents to validate your case. Mail the
completed form and attachments to the address below. Make checks payable to Virginia Department
of Taxation. If help is needed to complete the form, and the offer is based on doubtful collectibility,
call (804) 367-8045. If the offer is based on doubtful liability or a request for penalty waiver, call (804)
367-8031.
If you have both individual and business bills to settle, submit an offer for all outstanding individual or
fiduciary income tax accounts. Submit a separate Offer in Compromise – Business Request for
Settlement form for business taxes.
You are not required to make a payment when the offer is submitted. Clearly indicate on the Offer in
Compromise Request form when the Department will receive payment. If a check is submitted with
the offer it will be deposited upon receipt. The check’s deposit does not mean that the offer is
accepted.
Your Offer in Compromise will be reviewed. If accepted, a letter will be sent to outline the terms and
conditions for payment. If the terms outlined are not met the acceptance becomes void. If the offer is
not accepted, a letter of denial and/or subsequent terms for settlement of your account will be sent.
You may resubmit the Offer in Compromise providing there is new or additional information.
Your attorney, tax preparer, or other representative can submit an Offer in Compromise request form
in your behalf. Both you and your representative must sign the submitted form.
Mail the completed form and attachments to:
Tax Commissioner
Virginia Department of Taxation Attn: CICT
P.O. Box 2475
Richmond, VA 23218-2475
The Department of Taxation may accept, amend, or deny an Offer in Compromise based on facts
presented.
Post Office Box 2475 • Richmond, Virginia 23218-2475
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