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

  1. 1Understand that filing an OIC does NOT remove or suspend your lien immediately
  2. 2Complete your OIC payments on time (lump sum within 5 months or periodic over 24 months)
  3. 3During the 5-year compliance period: file all returns on time, pay all taxes due
  4. 4After completing compliance period, verify lien release with IRS
  5. 5Request lien withdrawal (Form 12277) for full credit record removal if desired
  6. 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.

Get Your Case Reviewed

Find out your options with a licensed tax professional.

Questions? Call us.

(888) 334-5052