Form Dtf-4.1 - Offer In Compromise For Fixed And Final Liability Page 3
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3DTF-4.1 (11/08) Page 3 of 3
Instructions
Basis for compromise
Item 1 — list all unpaid tax liabilities sought to be
compromised, regardless of type of tax. If, for a particular
The compromise of a tax liability can rest only on one or
tax, you are both personally liable and jointly liable with
both of two grounds, insolvency and/or recent discharge
another individual or separate entity such as corporation,
from Chapter 7.
you must submit your own offer if you wish to compromise
The amount offered must exceed the total value of your
that tax. A compromise in favor of another who is jointly
equity in all your assets, and give sufficient consideration to
liable with you is not a compromise for your indebtedness
your present and future earning capacity.
on the full amount.
You must also be in compliance with all paying and filing
Item 5 — indicate the facts and reasons that are grounds for
requirements for periods not included in the offer. This
acceptance of the offer.
includes estimated payments, tax deposits, etc.
Sign the Statement on page 2. If you and your spouse seek
If your offer is acceptable, we may also require a written
to compromise a joint income tax liability, both must sign.
collateral agreement to pay a percentage of future earnings
For a corporation, enter the corporate name, and beneath,
as part of the offer.
an authorized corporate signatory should sign his or her
Submission of an offer does not automatically suspend
name. Print the signatory’s name and title immediately below
collection of a warrant. If there is any indication that the filing
the signature. The corporate seal should also be affixed.
of the offer is solely for the purpose of delaying collection of
On Form DTF‑4.1, there are provisions for a waiver of
the tax, we will continue collection efforts.
refunds (item 3) and a waiver of the right to contest the
Interest and penalties will continue to accrue on the liability
liability after the offer is accepted (item 4).
while your offer is under consideration. If your offer is
When Form DTF‑4.1 is submitted by an estate fiduciary
accepted and all terms of the offer are satisfied (i.e., the offer
(executor or administrator), the appropriate letters
and all collateral agreements are paid in full), we will satisfy
testamentary or letters of administration must be submitted.
the appropriate warrant(s).
If the offer in compromise will be handled by the fiduciary’s
Note: Interest will be due at the annual rate as established
duly authorized representative, and the representative will
under the Tax Law on any deferred portion of the offer from
sign on page 2 on behalf of the fiduciary, submit Form ET‑14,
the date of notice of acceptance until it is paid in full.
Estate Tax Power of Attorney, rather than Form POA‑1, along
with the appropriate letters.
Specific instructions
Send Form DTF‑4.1 by regular mail to:
Form DTF‑5, Statement of Financial Condition and
OFFER IN COMPROMISE PROGRAM
Other Information, must accompany Form DTF‑4.1.
PO BOX 5100
Form DTF‑5 can be obtained by visiting our Web site
ALBANY NY 12205-0100
at It is your responsibility to obtain
Form DTF‑5 and fill it out completely so that we may
These instructions are intended only as an overview
adequately consider your offer. Submit Form DTF‑5 with
of the offer process and a guide in preparing form
copies of the last three years’ federal income tax returns,
DTF‑4.1. For specific details of the process, you should
a credit report less than 30 days old, and the last twelve
consult 20 NYCRR Part 5005, Compromise Regulations,
months of bank statements.
and/or Publication 220, Offer in Compromise Program. For
additional information or questions concerning the Offer
Enter your full name, address, social security number, and/or
in Compromise Program, please call (518) 457‑9086, from
employer identification number at the top of Form DTF‑4.1.
8:00 A.M. ‑ 4:25 P.M. (eastern time), Monday through Friday.
If this is a joint (husband and wife) liability and both wish
to make an offer, one offer containing both names may be
submitted. However, for any other joint liability, such as a
partnership, you must submit separate offers.
Date the offer on the top of Form DTF‑4.1 in the space
provided. This date is important for identification and
reference purposes.
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