Does an Offer in Compromise Remove an IRS Tax Lien?
Quick Answer
An accepted Offer in Compromise does NOT automatically remove a tax lien. The lien remains during OIC review (6-12 months), during the payment period (up to 24 months), and throughout the 5-year compliance period. The lien is only released within 30 days after you complete all payments AND the 5-year compliance period.
Detailed Explanation
When you submit an Offer in Compromise, any existing federal tax lien stays in place throughout the entire process. Here's the complete timeline:
**Stage 1: OIC Review (6-12 months)** The lien remains active while the IRS evaluates your offer. You cannot get it removed during this time.
**Stage 2: OIC Acceptance + Payment Period (up to 24 months)** If accepted, you must complete your payment terms: - Lump Sum: Pay full amount within 5 months of acceptance - Periodic Payment: Pay over 6-24 months The lien remains throughout this period.
**Stage 3: 5-Year Compliance Period** After completing payments, you must remain in compliance for 5 years: - File all required returns on time - Pay all taxes when due - No new tax debt The lien remains during this entire period.
**Stage 4: Lien Release** Only after completing payments AND the 5-year compliance period does the IRS release the lien. Release happens within 30 days of meeting all requirements.
**Total time with lien:** Potentially 6-7+ years from OIC submission.
**Lien Release vs. Withdrawal After OIC:** - Release: The lien is marked as satisfied but remains on your credit history - Withdrawal: You may request withdrawal (Form 12277) after lien release if you're in full compliance—this removes it from your credit record entirely
**What if you default on OIC terms?** If you fail to comply during the 5-year period (miss a payment, don't file a return, incur new tax debt), the OIC is defaulted. The original tax debt is reinstated minus any payments made, and the lien remains in full force.
Key Points to Remember
- Liens remain during OIC review period (6-12 months)
- Liens remain during payment period (up to 24 months after acceptance)
- Must stay compliant for 5 years after completing OIC payments
- Lien released only within 30 days of completing all requirements
- Total time with lien: potentially 6-7+ years from OIC submission
- Default on OIC terms restores original debt and keeps lien active
Steps to Take
- 1Understand that filing an OIC does NOT remove or suspend your lien immediately
- 2Complete your OIC payments on time (lump sum within 5 months or periodic over 24 months)
- 3During the 5-year compliance period: file all returns on time, pay all taxes due
- 4After completing compliance period, verify lien release with IRS
- 5Request lien withdrawal (Form 12277) for full credit record removal if desired
- 6Keep documentation of all payments and compliance for your records
Common Mistakes to Avoid
- ✕Assuming OIC acceptance means the lien disappears immediately—it doesn't
- ✕Failing to stay compliant during the 5-year period—defaults restore original debt
- ✕Not requesting lien withdrawal after release—release stays on credit, withdrawal removes it
Timeline
Lien release 30 days after completing 5-year compliance period post-OIC payment
Related Resolution Options
Related IRS Notices
Need Help With Your Situation?
Get a professional review of your tax situation. $399 comprehensive case review.
Related Questions
Questions? Call us.
(888) 334-5052