OIC EIDL Offer in compromise on a small EIDL (under 25K) loan?
- D DeBlieux
- Mar 2
- 3 min read
Offer in Compromise (OIC) on a small COVID EIDL $24,100) loan?
Question?
Has anyone here gotten an Offer in Compromise (OIC) on a COVID EIDL around $24,100?
I’m current on payments. My home based business sole proprietorship brings in under $10k year gross and I’m probably going to shut it down and get a regular job. Business assets are worth maybe $500.
I’m just trying to find out if SBA would consider a reduced settlement or loan forgiveness on a loan like mine.
This is a very real scenario right now, and you’re asking the right question before you shut the business down.
Short answer:
Yes, SBA can compromise smaller COVID EIDL loans — including ones around $24,100 — but not while the loan is current and performing.
Now let’s break it down clearly.
⸻
First — Understand the Type of Loan You Have
For COVID EIDL loans under $200,000:
• No personal guarantee required
• UCC lien on business assets only
• If sole prop → lien is on business assets, not your house
• SBA must attempt collection before compromise
So your personal exposure depends on:
• Whether you signed a personal guarantee (most $24k loans did NOT)
• Whether you commingled assets
⸻
SBA Offer in Compromise (OIC) — How It Actually Works
SBA OIC is different than IRS OIC.
It usually happens after default, not before.
Typical flow:
1. Business closes
2. Loan defaults
3. SBA attempts collection
4. If collection unlikely → SBA considers compromise
If the business has:
• Minimal revenue
• Minimal assets
• No realistic repayment ability
SBA can accept a reduced lump-sum settlement.
⸻
Important: They Usually Do NOT Compromise Performing Loans
Since you said:
“I’m current on payments.”
That matters.
SBA generally will not reduce:
• Active
• Performing
• Current loans
They view that as a collectible asset.
To even get to compromise territory:
• You’d have to stop paying
• Business would have to shut down
• Loan must enter default status
⸻
With a $24,100 Loan — What Realistically Happens?
Based on current SBA/Treasury patterns (2024–2026):
If No Personal Guarantee:
• SBA may seize business assets (your $500 worth)
• Close file if no recovery
• May send to Treasury offset (tax refunds)
If Personal Guarantee Exists:
• They pursue personal assets
• Treasury can garnish wages
• Offset tax refunds
But for loans this size:
• Collection cost vs recovery matters
• They often accept 10%–40% lump sum in hardship situations
Example:
$24,100 loan
Possible compromise range: $2,500 – $8,000 lump sum
(Not guaranteed — depends on hardship packet)
⸻
What Improves Your Chances?
SBA looks at:
Business officially dissolved
No meaningful business assets
No significant personal assets
Documented hardship
Financial statement showing inability to pay
They require:
• SBA Form 1150 (Offer in Compromise)
• Personal Financial Statement (if PG)
• Detailed hardship letter
⸻
Key Strategic Question for You
You are current.
So you have three options:
Option A — Keep Paying
• No damage
• No stress
• No compromise
Option B — Close Business + Stop Paying
• Credit damage likely
• Possible Treasury referral
• Opens door for compromise
Option C — Preemptive Hardship Discussion
Sometimes you can:
• Contact SBA servicing center
• Explain business closure
• Ask about workout options before default
But they usually won’t reduce principal while current.
⸻
The Big Variable: Personal Guarantee
Confirm this first:
Check your loan documents:
Was there a personal guarantee?
If no PG:
Risk is much lower.
If yes:
Strategy becomes more nuanced.
⸻
Real Talk — At $24,100
This is not a $350k EIDL situation.
SBA weighs:
• Cost of legal action
• Staff time
• Treasury processing
• Asset recovery potential
If business income is under $10k gross and assets are $500…
There is a realistic path to compromise after default.
But not while current.
⸻
Important Tax Angle (CPA hat on)
If they forgive part of the loan:
• It can create cancellation of debt income (COD)
• But insolvency exclusion may apply
• COVID EIDL forgiveness tax treatment can vary by timing
You’d want to plan that carefully.
⸻
Bottom Line
Yes — SBA can compromise a $24k COVID EIDL.
No — they almost never reduce principal on a performing current loan.
If you shut down and default, compromise becomes possible.
Comments