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Tax Forms

The Indiana Tax Advocacy Office

The Indiana Tax Advocacy Office provides an avenue for the successful resolution of taxpayer problems that have not been resolved through normal channels. Hardships, Offers-in-Compromise and taxpayer complaints are also researched and resolved through the Advocacy program. The Advocate serves to facilitate resolution as a final resource for the taxpayer.

In April 1989, the Public Law 332 established the Indiana Tax Advocacy Office. The Advocacy Office serves to facilitate procedural and policy disputes, staff and service complaints and/or unsuccessful resolution attempts are researched and reviewed in this office. Recommendations for policy or procedural changes and implementations are then made to the appropriate revenue division.

The Advocacy Office is designed to address complex and special tax problems that could not be resolved through the normal collection process. After you have contacted the Taxpayer Services and/or the Collection Division and have been unable to resolve your tax situation, then you are eligible to contact the Advocacy Office. Problems include systematic processing problems resulting in recurring assessments or problems that affect numerous taxpayers.

Assistance is also provided to taxpayers with financial hardships that are unable to pay within the time limits set through the normal collection process, or if a taxpayer’s livelihood is threatened. The Taxpayer Advocate is authorized to review these cases and make every attempt to collect the tax, while meeting the special needs of the taxpayer. This could include establishing an Offer-in-Compromise or Hardship. Special needs would include loss due to disaster, severe medical conditions, the loss of a family member or severe financial problems.

Note:

  • If a legal action has been filed (i.e. levy of wages and/or bank account, collection suit, or appearance in court) the Advocacy Office cannot stop this action. Once a collection Agent has begun proceedings, the Advocacy Office may not be able to provide assistance. Each case will be reviewed individually.

  • If you qualify for an IRS compromise, you will be required to submit a copy of the IRS documentation along with your request for a state Offer-in-Compromise.

Offer-in-Compromise

You will need to fill out a Financial Statement Form (FS-1) and follow the instructions on the Offer-in-Compromise instruction sheet. You will need to include the required documentation listed on that sheet.

The Advocacy Office will determine whether the amount offered is the largest possible amount, which realistically can be collected, and to ascertain whether the offer is in the best interest of the Department. In addition, The Advocacy Office will determine whether the case qualifies for the program.

Claim for Hardship

To qualify for a Hardship case, the following criteria must be met:

  1. The taxpayer has terminal/critical medical illness within the immediate family, or the taxpayer faces financial ruin, (i.e., livelihood threatened), which resulted in the inability to pay the outstanding liabilities.

  2. The taxpayer proves that a state filed tax warrant or lien is creating a hardship on the taxpayer, spouse, family or dependents. In addition, the taxpayer proves that a lien on a vehicle title or a protest filed on an employment license hinders the ability to earn income or to pay the tax due.

A completed (FS-1) Financial Statement is required for this option also. Follow the instructions on the Claim for Hardship Instructions Sheet. You will need to include the required information listed on that sheet. The Advocacy Office will determine whether the case qualifies for the program. The Advocacy Office will also determine the amount the taxpayer should pay that meets the taxpayer's special needs and is in the best interest of the Department.

Additional assistance is available at:

Tax Advocacy Office
317-232-4692
Fax: 317-232-5425

If you need any other assistance than what is stated above, see the numbers listed below.

Taxpayer Services Division
317-232-2240

Collection Division
317-232-2165

Legal Division
317-232-2100

TDD
317-232-4952


Indiana - Offer in Compromise Forms

http://www.state.in.us/dor/taxforms/fs1.html

 

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