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IRS Installment Agreement

An IRS installment agreement is a written arrangement to pay a federal tax balance in monthly payments instead of at once. Penalties and interest keep running throughout, but the agreement stops levy by statute and cuts the late-payment penalty rate in half for a taxpayer who filed on time.

Last reviewed by Steven Fox, CFP®, EA on

Quick Summary

  • It is a payment schedule, not a discount. The balance, the interest and the penalties survive in full; only the deadline moves.
  • Filing compliance is a precondition. All required returns must be filed before the IRS will approve a plan, and continuing to file and pay on time is a condition of keeping it.
  • The IRS names three things on its own pages, and only the third is an installment agreement: pay now, a short-term payment plan of 180 days or less, and a long-term payment plan.
  • A setup fee applies to a long-term plan and it is lower online and lower again with direct debit. By statute a low-income taxpayer on direct debit pays no fee at all.
  • While the agreement is pending or in effect, section 6331(k) bars the IRS from levying, and section 6651(h) drops the failure-to-pay penalty from 0.5 percent a month to 0.25 percent for a taxpayer who filed on time.

Definition

An IRS installment agreement is an arrangement under section 6159 of the Internal Revenue Code allowing a taxpayer to pay a federal tax liability over time. The statute is short: "The Secretary is authorized to enter into written agreements with any taxpayer under which such taxpayer is allowed to make payment on any tax in installment payments if the Secretary determines that such agreement will facilitate full or partial collection of such liability." The last four words matter, because they are the basis on which the IRS may agree to a schedule that will not pay the debt off before its collection period expires.

The display name here says "IRS" for a reason worth stating. In consumer credit the phrase "installment agreement" is a term of art for a retail installment sales contract, a completely different instrument governed by Regulation Z. This page is about the tax arrangement, and the IRS itself now mostly calls it a "payment plan" on its consumer-facing pages, keeping "installment agreement" in parentheses.

Advanced Explanation

The plan names the IRS actually uses are not the names practitioners use, and it is worth knowing both. The current public taxonomy on the IRS payment-plans page has three entries: Pay now, meaning "Pay amount owed in full today", at no fee and with "No future penalties or interest"; a short-term payment plan, "Pay amount owed in 180 days or less", also at no setup fee; and a long-term payment plan (installment agreement), "Pay amount owed in monthly payments", split between a Direct Debit Installment Agreement and a non-direct-debit version. The IRS has also begun branding the online-eligible long-term plan a "Simple payment plan". The words streamlined, guaranteed and partial payment installment agreement appear on neither current page; they are Internal Revenue Manual and practitioner categories. Two of them do have statutory substance underneath, which is the part to hold onto:

  • Section 6159(c) makes some agreements mandatory. Where the aggregate liability, "determined without regard to interest, penalties, additions to the tax, and additional amounts", does not exceed $10,000; the taxpayer and, on a joint liability, the spouse have not failed to file, failed to pay, or entered an installment agreement "during any of the preceding 5 taxable years"; the Secretary determines the taxpayer is "financially unable to pay such liability in full when due"; the agreement pays the liability in full "within 3 years"; and the taxpayer agrees to comply for its term, the IRS "shall enter into" the agreement. This is the arrangement practitioners call guaranteed. Those three figures are fixed statutory amounts with no inflation clause in section 6159.

  • Section 6159(d) is the basis for a partial-collection agreement. Headed "Secretary required to review installment agreements for partial collection every two years", it presupposes agreements that will not full-pay, and requires a review at least biennially.

Applying online has its own thresholds, and they are administrative rather than statutory. The IRS states that an individual may apply online for a long-term plan if "You owe $50,000 or less in combined tax, penalties and interest, and filed all required returns", and for a short-term plan if "You owe less than $100,000 in combined tax, penalties and interest." The asymmetry is the IRS's own: fifty thousand or less, but less than a hundred thousand. Above those amounts a plan is still available; it is just not available through the web application. Those figures are not indexed and can move without legislation, so check the IRS page rather than trusting a number seen elsewhere.

The setup fee, and why no amount appears on this page. A long-term plan carries a user fee, and the structure is consistent across every source: there is no fee for a short-term plan; the fee for a long-term plan is lower if you apply online than by phone, mail or in person; it is lower again if you pay by direct debit; and there is a separate, smaller fee for restructuring or reinstating a plan that has lapsed. The amounts are the problem. The governing regulation, 26 CFR 300.1(b), and the IRS's own published schedule state three of the six differently, and the regulation has not been amended to match. Publishing either set would mean contradicting a current primary source, so the amounts are deliberately left to the IRS payment-plans page, which is where a reader should look before applying.

The low-income rule is statutory, and the regulation is behind on it. Section 6159(f)(2) provides that for a taxpayer whose adjusted gross income "does not exceed 250 percent of the applicable poverty level", if they pay by "electronic payment through a debit instrument", "no fee shall be imposed"; and if they cannot pay by debit, the Secretary "shall, upon completion of the installment agreement, pay the taxpayer an amount equal to any such fees imposed." So the answer for a low-income taxpayer is no fee on direct debit and a refund of the fee otherwise. The regulation still prints a reduced fee for this group and was never conformed; the statute controls. The IRS applies the rule to agreements entered on or after April 10, 2018, and where its systems have not flagged the taxpayer as low income, Form 13844, Application for Reduced User Fee for Installment Agreements is the route, filed within 30 days of the acceptance letter. Section 6159(f)(1) separately caps the fee at its level when that subsection was enacted.

An agreement does not stop the meter, and this is the part most often misunderstood. The IRS attaches the same line to every plan option except paying in full: "Plus accrued penalties and interest until the balance is paid in full." What the agreement does change is the rate of one penalty. Section 6651(h) substitutes 0.25 percent for 0.5 percent per month "In the case of an individual who files a return of tax on or before the due date for the return (including extensions) ... for any month during which an installment agreement under section 6159 is in effect." Both conditions bind: a late-filed return does not get the reduced rate even with a plan in place. The statute conditions the relief on "an installment agreement under section 6159", and nothing published establishes that the fee-free 180-day short-term plan is one, so treat the reduced rate as belonging to a long-term agreement. Interest continues at the rate the IRS sets quarterly under section 6621 regardless.

The protections while a request is alive are real. Section 6331(k)(2) bars levy while a request is pending, for 30 days after a rejection, while an appeal filed in that window is pending, during the whole period an agreement is in effect, and for 30 days after a termination. The trade is time on the collection clock: the IRS states that "the IRS's time to collect is suspended or prolonged while an Installment Agreement (IA) is pending", and that a rejection suspends it for a further 30 days. Section 6159(b)(5) requires 30 days' advance notice with an explanation before the IRS terminates or modifies an agreement, except where collection is in jeopardy, and 6159(e) requires an independent administrative review of terminations on request.

What defaults an agreement. Section 6159(b) lists the grounds: information the taxpayer supplied was "inaccurate or incomplete", collection is in jeopardy, the taxpayer's financial condition has "significantly changed", or the taxpayer fails to pay an installment when due, fails to pay any other tax liability when due, or fails to provide a requested financial update. The IRS's practical list adds the detail that trips people: future refunds are applied to the balance and the scheduled payments still have to be made anyway. A lapsed plan can be reinstated, with a fee.

Entering a plan can also clear the public lien notice. Section 6323(j)(1)(B) makes an installment agreement a statutory ground for withdrawing a filed Notice of Federal Tax Lien, and the IRS's published criteria for that route center on a Direct Debit agreement. That is one of the strongest practical arguments for choosing direct debit over a manual plan.

How to Remember

The plan buys time, not forgiveness. Direct debit buys the cheapest version of that time, and filing on time buys a half-price late-payment penalty.

Used in a Sentence

“Rather than draining the emergency fund to clear the $9,400 balance at once, Theo set up an IRS installment agreement on direct debit and paid it down over two years.”

How It Works

  1. File everything first. The IRS will not approve a plan for a taxpayer with unfiled returns, and the filing requirement appears in its own eligibility wording for the online application.

  2. Choose the plan type. Paying in full stops future penalties and interest outright. A short-term plan of 180 days or less carries no setup fee. A long-term plan carries one and is cheapest applied for online with direct debit.

  3. Apply. Online through an IRS Online Account, or on Form 9465, Installment Agreement Request, by phone, mail or in person. A financial statement on Form 433-F or 433-H may be required where the proposed payment is below the IRS's minimum.

  4. The plan runs. Penalties and interest keep accruing on the declining balance, at 0.25 percent a month rather than 0.5 percent for an individual who filed on time. Levy is barred while the agreement is in effect.

  5. Keep it alive. Pay on time, file on time, pay any new balance on time, and expect refunds to be applied to the debt.

A hypothetical example of what the choices are worth, using made-up figures. Suppose Nadia files her return on time showing $12,000 of tax she cannot pay, and sets up a long-term installment agreement of $500 a month. Ignore interest for a moment and take the failure-to-pay penalty alone. Without an agreement the rate is 0.5 percent a month; at the opening balance that is $60 for the first month. With the agreement in force, and because she filed on time, section 6651(h) halves the rate to 0.25 percent, so the first month's penalty is $30 instead. The base shrinks as she pays, so the saving shrinks with it, but over the roughly two years the plan takes it is the difference between a few hundred dollars of penalty and twice that. Now change one fact. If she had filed the return late, the reduced rate would not apply at all, however faithfully she paid the plan, because section 6651(h) requires a return filed by its due date including extensions. That single fact is worth more than the choice of plan type.

Pros and Cons

Pros

  • Available broadly, with a mandatory route under section 6159(c) for smaller balances and a clean five-year compliance record.
  • Levy is barred by statute while the request is pending and while the agreement is in effect.
  • The failure-to-pay penalty rate halves for a taxpayer who filed on time, which is the single largest saving available on a balance being paid over years.
  • Entering an agreement is a statutory ground for withdrawing a filed Notice of Federal Tax Lien, so the public record can be cleared before the debt is.
  • No setup fee for a short-term plan, and a low-income taxpayer on direct debit pays no fee at all by statute.
  • The IRS must give 30 days' notice with an explanation before terminating or modifying an agreement, and must review a termination independently on request.
  • Most of it can be set up and revised online, including converting an existing plan to direct debit.

Cons

  • Nothing is forgiven. Penalties and interest continue on the unpaid balance for the life of the plan, so the total paid exceeds the original bill.
  • A pending or rejected request suspends the collection period, so the IRS gains time in exchange.
  • Unfiled returns block approval outright, which is often the real obstacle.
  • Future refunds are applied to the balance and do not substitute for the monthly payment.
  • The published fee amounts currently disagree between the governing regulation and the IRS's own schedule, so nobody should treat a figure found in an article as reliable.
  • A single missed payment, a new unpaid balance, or a late return can default the agreement, and reinstating it costs a fee.
  • The reduced penalty rate is lost entirely if the return was filed late, and no amount of faithful payment restores it.
  • Anyone who genuinely cannot pay in full over time is on the wrong instrument and should be looking at an offer in compromise.

People Also Asked

Answers to the most frequently asked questions.

Does an IRS payment plan stop penalties and interest?
No. The IRS attaches the same line to every plan option except paying in full: "Plus accrued penalties and interest until the balance is paid in full." What a long-term agreement changes is the rate of one penalty. Under section 6651(h), an individual who filed the return by its due date including extensions has the failure-to-pay penalty computed at 0.25 percent a month instead of 0.5 percent for any month the agreement is in effect. Interest continues at the rate set quarterly under section 6621.
How much does it cost to set up an IRS installment agreement?
There is no setup fee for a short-term plan of 180 days or less. A long-term plan carries a user fee that is lower if you apply online and lower again if you pay by direct debit, plus a separate smaller fee to restructure or reinstate a lapsed plan. The current amounts should be read off the IRS payment-plans page rather than from any secondary source, because the governing regulation, 26 CFR 300.1, and the IRS's own published schedule do not presently agree on three of them.
Do low-income taxpayers pay the setup fee?
Not if they pay by direct debit. Section 6159(f)(2) provides that for a taxpayer whose adjusted gross income does not exceed 250 percent of the applicable poverty level, "no fee shall be imposed" where payments are made "by electronic payment through a debit instrument", and that where the taxpayer cannot use direct debit the Secretary "shall, upon completion of the installment agreement, pay the taxpayer an amount equal to any such fees imposed." If the IRS has not identified you as low income, Form 13844 is the application, filed within 30 days of the acceptance letter.
Can the IRS still levy while I am on a payment plan?
Generally no. Section 6331(k)(2) prohibits levy while an installment agreement request is pending, for 30 days after a rejection, while a timely appeal of that rejection is pending, during the entire period the agreement is in effect, and for 30 days after a termination. A filed Notice of Federal Tax Lien is a separate matter and may already exist, though entering an agreement is a statutory ground for withdrawing it.
What happens if I miss a payment?
The IRS may alter, modify or terminate the agreement. Section 6159(b)(4) lists the triggers as failing to pay an installment when due, failing to pay any other tax liability when due, or failing to provide a requested financial update; separate grounds cover inaccurate information, a significant change in financial condition, and jeopardy. Except in a jeopardy case the IRS must give 30 days' notice with an explanation first, and must provide an independent review of a termination on request. A defaulted plan can usually be reinstated, with a fee.

Sources

AdviceOnly maintains high editorial standards to improve the quality and accuracy of our educational content. Content is written with the assistance of artificial intelligence tools following a rigorous quality assurance process, and periodically reviewed by credentialed and experienced human financial advisors. References used include government data, academic papers, interviews with industry experts, and reputable primary sources. You can learn more about our efforts to produce accurate content in our editorial policy.

  1. U.S. Code. "26 U.S.C. § 6159 — Agreements for payment of tax liability in installments."
  2. Internal Revenue Service. "Payment Plans (Installment Agreements)."
  3. Code of Federal Regulations. "26 CFR § 300.1 — Installment agreement fee."
  4. Internal Revenue Service. "Form 9465, Installment Agreement Request."
  5. Internal Revenue Service. "Form 13844, Application for Reduced User Fee for Installment Agreements."
  6. U.S. Code. "26 U.S.C. § 6651 — Failure to file tax return or to pay tax."

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