Part 5. Collecting Process
Chapter 19. Liability Collection
Section 1. Balance Due
5.19.1 Balance Due
Manual Transmittal
November 01, 2022
Purpose
(1) This transmits revised IRM 5.19.1, Liability Collection, Balance Due.
Material Changes
(1) The following table outlines changes made to IRM 5.19.1, Balance Due. It incorporates updated procedures, editorial changes and clarifications since the revision dated November 30, 2020.
IRM Subsection | Description |
---|---|
IRM 5.19.1.1, Program Scope and Objectives, IPU 21U1096 issued 09-14-2021 | Deleted AM as a primary stakeholder under paragraph (6) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.1.5, Program Controls, IPU 21U1096 issued 09-14-2021 | Deleted AM reference under paragraph (6) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.1.7, Related Resources, IPU 21U0901 issued 07-01-2021 | Added new IRM reference for Third Party Contact Program. |
IRM 5.19.1.2, Balance Due Overview, IPU 20U1187 issued 11-02-2020 | Added references and reorganized paragraph (1). Added exception in paragraph (9) for marking of completed electronic and batched work products. |
IRM 5.19.1.2, Balance Due Overview, IPU 21U0435 issued 03-19-2021 | Added new paragraph 8 and 9 to include reference to e-Guides for Campus Operations. |
IRM 5.19.1.2, Balance Due Overview, IPU 21U1096 issued 09-14-2021 | Deleted paragraph (6) with AM guidance as they no longer answer balance due calls due to balance due call routing. |
IRM 5.19.1.2, Balance Due Overview, IPU 22U0968 issued 09-22-2022 | Added new paragraph (12) to include background information on deployment of Automated Chat and Voice Bots. |
IRM 5.19.1.2.1, Submitting SERP Feedback, IPU 22U0551 issued 04-27-2022 | Deleted last bullet under paragraph (2) no longer valid due to the discontinuance of the employee suggestion program as of October 1, 2021. |
IRM 5.19.1.2.2, Disclosure Overview: Verifying Identity of Contact Party, IPU 20U1187 issued 11-02-2020 | Converted bullet list under paragraph (3) to a table for better emphasis. Added paragraph (7) adding guidance for when additional authentication may be required. |
IRM 5.19.1.2.2, Disclosure Overview: Verifying Identity of Contact Party, IPU 21U1096 issued 09-14-2021 | Deleted AM reference under paragraph (3) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.2, Disclosure Overview: Verifying Identity of Contact Party, IPU 22U0551 issued 04-27-2022 | Added reference to IRM 21.2.1.56(5), Deaf/Hard of Hearing (DHOH) Callers and TTY/TDD Equipment in table under paragraph (1) for Hearing impaired and Language or sign interpreter. |
IRM 5.19.1.2.2, Disclosure Overview: Verifying Identity of Contact Party, IPU 22U0968 issued 09-22-2022 | Moved entire section down to the next section, and renumbered subsections to IRM 5.19.1.2.3... |
IRM 5.19.1.2.2.2, ACS Call Site - Additional Taxpayer Authentication, IPU 20U1187 issued 11-02-2020 | Added two bullets describing instances that may require additional authentication in paragraph (2). |
IRM 5.19.1.2.2.2, ACS Call Site - Additional Taxpayer Authentication, IPU 21U1096 issued 09-14-2021 | Deleted Paragraph (6) as no longer applicable. |
IRM 5.19.1.2.2.3, Transfer Personal Identification Number (PIN) Generation, IPU 20U1187 issued 11-02-2020 | Added hyperlinks to paragraph (3). |
IRM 5.19.1.2.2.3, Transfer Personal Identification Number (PIN) Generation, IPU 21U1096 issued 09-14-2021 | Deleted AM references as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.2.3.1, Transfer Personal Identification Number (PIN) Acceptance, IPU 20U1187 issued 11-02-2020 | Added a bullet, and Caution to not accept a Transfer PIN from third parties, in paragraph (1). |
IRM 5.19.1.2.2.3.1, Transfer Personal Identification Number (PIN) Acceptance, IPU 21U0901 issued 07-01-2021 | Revised paragraphs (2) and (5) to reflect policy change allowing the transfer PIN to cover both basic and additional authentication. |
IRM 5.19.1.2.2.3.1, Transfer Personal Identification Number (PIN) Acceptance, IPU 21U1096 issued 09-14-2021 | Deleted AM reference under paragraph (1) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.3, Call Flow, IPU 21U1096 issued 09-14-2021 | Deleted paragraph (2) with AM reference as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.3, Call Flow, IPU 22U0968 issued 09-22-2022 | Moved IRM section up to IRM 5.19.1.2.2. |
IRM 5.19.1.2.3.3, Transfer Personal Identification Number (PIN) Generation, IPU 22U0968 issued 09-22-2022 | Added Exception under paragraph (1) regarding use of the IAT Disclosure tool when not securing a TIN. |
IRM 5.19.1.2.4, Documenting Account Actions, IPU 20U1187 issued 11-02-2020 | Converted a portion of paragraph (1) into a bullet list. Added a word to paragraph (2). Revised paragraph (4), including adding two examples that show acceptable/non-acceptable documentation. |
IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines, IPU 20U1187 issued 11-02-2020 | Updated paragraph (12) with the revised title of IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days. |
IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines, IPU 21U0184 issued 02-02-2021 | Updated Exception under paragraph (7) to extend suspension through 09/30/2021. |
IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines, IPU 21U1096 issued 09-14-2021 | Updated Exception under paragraph (7) to extend suspension through 12/31/2021. |
IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines, IPU 21U1275 issued 11-18-2021 | Updated Exception under paragraph (7) to temporarily extend suspension. |
IRM 5.19.1.2.6, Case Processing Authority Levels, IPU 21U1096 issued 09-14-2021 | Deleted AM reference under paragraph (5) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.6.2, Short Term Payment Plans, IPU 21U0184 issued 02-02-2021 | Revised existing reference and added reference to bullet list under paragraph (1) for new subsection 5.19.1.2.6.2.4, Short Term Payment Plans - ACS and ACSS Employees. |
IRM 5.19.1.2.6.2, Short Term Payment Plans, IPU 21U1096 issued 09-14-2021 | Deleted AM reference as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.6.2.1, Short Term Payment Plans - Accounts Management, AM, Employees, IPU 20U1187 issued 11-02-2020 | Revised label and table in paragraph (2) for clarity and changed number of allowable days for short term payment plan to 180. Converted note under table to new paragraph (3), and added bullets to address situations that don’t meet required criteria. |
IRM 5.19.1.2.6.2.1, Short Term Payment Plans - Accounts Management, AM, Employees, IPU 21U0184 issued 02-02-2021 | Deleted duplicate content from second column of table under paragraph (2). |
IRM 5.19.1.2.6.2.1, Short Term Payment Plans - Accounts Management, AM, Employees, IPU 21U1096 issued 09-14-2021 | Deleted AM guidance as they no longer answer balance due calls due to balance due call routing. |
IRM 5.19.1.2.6.2.2, Short Term Payment Plans - Accounts Management, AM, Employees, IPU 21U1275 issued 11-18-2021 | Deleted this subsection and renumbered subsequent subsections. |
IRM 5.19.1.2.6.2.2, Short Term Payment Plans - Field Assistance, FA, Employees, IPU 20U1187 issued 11-02-2020 | Revised label and table in paragraph (2) for clarity and changed number of allowable days for short term payment plan to 180. Converted note under table to new paragraph (3), and added bullets to address situations that don’t meet required criteria. |
IRM 5.19.1.2.6.2.2, Short Term Payment Plans - Field Assistance, FA, Employees, IPU 21U0184 issued 02-02-2021 | Deleted duplicate content from second column of table under paragraph (2). |
IRM 5.19.1.2.6.2.2, Short Term Payment Plans - Field Assistance, FA, Employees, IPU 21U1096 issued 09-14-2021 | Revised IRM reference under first bullet of paragraph (3) to new subsection for FA employees. |
IRM 5.19.1.2.6.2.3, Short Term Payment Plans - ACS, ACSS and CSCO Employees, IPU 20U1187 issued 11-02-2020 | Revised label in paragraph (2) and tables in paragraphs (2) and (3) for clarity, and changed number of allowable days for short term payment plan to 180. Converted notes under tables in paragraphs (2) and (3) to new paragraph (4), and added bullets to address situations that don’t meet required criteria. |
IRM 5.19.1.2.6.2.3, Short Term Payment Plans - ACS, ACSS and CSCO Employees, IPU 21U0184 issued 02-02-2021 | Revised title to remove ACS and ACSS. Revised exception under paragraph (1) to a reminder. Revised guidance in table under paragraphs (1) and (2) first column and deleted duplicate content in second column. Added reminder and reference under paragraphs (1) and (2) table. |
IRM 5.19.1.2.6.2.3, Short Term Payment Plans - CSCO Employees, IPU 21U1096 issued 09-14-2021 | Revised IRM reference under first bullet of paragraph (4) to new subsection for CSCO employees. |
IRM 5.19.1.2.6.2.4, Short Term Payment Plans - ACS and ACSS Employees, IPU 21U0184 issued 02-02-2021 | Inserted new subsection with Short Term Payment Plans guidance with revised case processing authority levels for ACS and ACSS employees. |
IRM 5.19.1.2.6.2.4, Short Term Payment Plans - ACS and ACSS Employees, IPU 21U1096 issued 09-14-2021 | Revised IRM reference under first bullet of paragraph (4) to new subsection for ACS and ACSS employees. |
IRM 5.19.1.2.6.3, Installment Agreements, IPU 21U0184 issued 02-02-2021 | Revised existing reference and added reference to bullet list under paragraph (1) for new subsection 5.19.1.2.6.3.5, Installment Agreements - ACS and ACSS Employees. |
IRM 5.19.1.2.6.3, Installment Agreements, IPU 21U1096 issued 09-14-2021 | Added In-Business Trust Fund (IBTF) under paragraph (1), now applicable to all employees, since AM is no longer included as a primary stakeholder due to balance due call routing. Deleted AM reference and IBTF under paragraph (2). |
IRM 5.19.1.2.6.3.1, Installment Agreements - All Employees, IPU 20U1187 issued 11-02-2020 | Revised second bullet and table under paragraph (3) for clarity. |
IRM 5.19.1.2.6.3.1, Installment Agreements - All Employees, IPU 21U1096 issued 09-14-2021 | Revised paragraph (3): third bullet to clarify BMF Non-Trust Fund tax. Added new paragraph (4) for IBTF agreements since it is applicable to all employees. |
IRM 5.19.1.2.6.3.2 Installment Agreements - Accounts Management, AM, Employees, IPU 20U1187 issued 11-02-2020 | Added reference to paragraphs (2) through (4) and deleted paragraph (6). |
IRM 5.19.1.2.6.3.2 Installment Agreements - Accounts Management, AM, Employees, IPU 21U1096 issued 09-14-2021 | Deleted AM guidance as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.6.3, Installment Agreements - Accounts Management, AM, Employees, IPU 21U1275 issued 11-18-2021 | Deleted this subsection and renumbered subsequent subsections. |
IRM 5.19.1.2.6.3.3 Installment Agreements - Field Assistance, FA, Employees, IPU 20U1187 issued 11-02-2020 | Revised format of first column of tables for clarity. Converted Notes under tables to new paragraph (7). |
IRM 5.19.1.2.6.3.3 Installment Agreements - Field Assistance, FA, Employees, IPU 21U1096 issued 09-14-2021 | Deleted paragraph (3) as Expanded IAs are no longer applicable. Deleted paragraph (6) and consolidated to IRM 5.19.1.2.6.3.1, Installment Agreements - All Employees. Revised IRM reference under paragraph (7) to new subsection for FA employees. |
IRM 5.19.1.2.6.3.4, Installment Agreements - ACS, ACSS and CSCO Employees, IPU 20U1187 issued 11-02-2020 | Revised format of first column of tables for clarity. Converted Notes under tables to new paragraph (7). |
IRM 5.19.1.2.6.3.4, Installment Agreements - ACS, ACSS and CSCO Employees, IPU 21U0184 issued 02-02-2021 | Revised title to remove ACS and ACSS. Added reminder under paragraph (1) that FERDI accounts are handled by specific ACS call sites. Deleted exception under paragraphs (4) and (5) as not applicable. |
IRM 5.19.1.2.6.3.4, Installment Agreements - CSCO Employees, IPU 21U1096 issued 09-14-2021 | Deleted paragraph (3) as Expanded IAs are no longer applicable. Deleted paragraph (6) and consolidated to IRM 5.19.1.2.6.3.1, Installment Agreements - All Employees. Revised IRM reference under paragraph (7) to new subsection for CSCO employees. |
IRM 5.19.1.2.6.3.5, Installment Agreements - ACS and ACSS Employees, IPU 21U0184 issued 02-02-2021 | Inserted new subsection with Installment Agreements guidance with revised case processing authority levels for ACS and ACSS employees. |
IRM 5.19.1.2.6.3.5, Installment Agreements - ACS and ACSS Employees, IPU 21U1096 issued 09-14-2021 | Added a third column to table under paragraph (2) to include SIA over $25,000 criteria for the different entity types. Deleted paragraph (3) as Expanded IAs are no longer applicable. Revised heading and added a third column to the table under paragraph (4) to include NSIA criteria for the different entity types. Added a third column to table under paragraph (5) to include PPIA criteria for the different entity types. Deleted paragraph (6) and consolidated to IRM 5.19.1.2.6.3.1, Installment Agreements - All Employees. Revised IRM reference under paragraph (7) to new subsection for CSCO employees. |
IRM 5.19.1.2.6.4, Financial Analysis, Verification and Substantiation, IPU 21U1096 issued 09-14-2021 | Deleted exception under paragraph (2) for AM employees as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.6.4.1, Financial Analysis, Verification and Substantiation - All Employees, IPU 20U1187 issued 11-02-2020 | Revised the first column title of the table under paragraph (1). |
IRM 5.19.1.2.6.4.1, Financial Analysis, Verification and Substantiation - All Employees, IPU 21U0184 issued 02-02-2021 | Revised first and second row of column one in table under paragraph (1) for consistency. |
IRM 5.19.1.2.6.4.1, Financial Analysis, Verification and Substantiation - All Employees, IPU 21U1096 issued 09-14-2021 | Deleted exception under paragraph (1) for AM employees as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.2.6.4.2, Financial Analysis, Verification and Substantiation - Field Assistance, FA, Employees, IPU 20U1187 issued 11-02-2020 | Revised the first column title of the table under paragraphs (2), (4) and (5). |
IRM 5.19.1.2.6.4.2, Financial Analysis, Verification and Substantiation - Field Assistance, FA, Employees, IPU 21U0184 issued 02-02-2021 | Deleted BMF from paragraph (2) heading for consistency. |
IRM 5.19.1.2.6.4.3, Financial Analysis, Verification and Substantiation - ACS, ACSS and CSCO Employees, IPU 20U1187 issued 11-02-2020 | Revised the first column title of the table under paragraphs (2), (4) and (5). |
IRM 5.19.1.2.6.4.3, Financial Analysis, Verification and Substantiation - ACS, ACSS and CSCO Employees, IPU 21U0184 issued 02-02-2021 | Revised title to remove ACS and ACSS. Deleted Exception under paragraphs (4) and (5) as not applicable. |
IRM 5.19.1.2.6.4.4, Financial Analysis, Verification and Substantiation - ACS and ACSS Employees, IPU 21U0184 issued 02-02-2021 | Inserted new subsection with Financial Analysis, Verification and Substantiation guidance with revised case processing authority levels for ACS and ACSS employees. |
IRM 5.19.1.2.6.4.4, Financial Analysis, Verification and Substantiation - ACS and ACSS Employees, IPU 21U1096 issued 09-14-2021 | Added a third column to table under paragraphs (2), (4) and (5) to include financial analysis requirements for the different entity types. Deleted paragraph (3) as Expanded IAs are no longer applicable. |
IRM 5.19.1.2.7, Ways to Submit Payments, IPU 20U1187 issued 11-02-2020 | Revised title of IRM reference: IRM 5.19.1.2.7.1, Taxpayer Responsibilities - When Submitting Payments by Check or Money Order. |
IRM 5.19.1.2.7.1, Taxpayer Responsibilities - When Submitting Payments by Check or Money Order, IPU 20U1187 issued 11-02-2020 | Changed title to Taxpayer Responsibilities - When Submitting Payments by Check or Money Order. Converted exceptions into table under paragraph (2) for payment annotation. |
IRM 5.19.1.2.8, Mandated IAT Tools, IPU 20U1187 issued 11-02-2020 | Updated table in paragraph (8) to add exception and hyperlink to IRM 21.3.5.4.2.1.1, Preparing an e-4442/4442. |
IRM 5.19.1.2.8, Mandated IAT Tools, IPU 21U1096 issued 09-14-2021 | Deleted paragraph (6) for AM employees as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.3, Referrals or Redirect, IPU 21U1096 issued 09-14-2021 | Deleted AM reference under paragraph (1) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.3.1, Referrals to Manager - All Employees, IPU 21U1096 issued 09-14-2021 | Deleted guidance for AM employees under paragraph (3) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.3.2.1.1, ACS Transfer Information, IPU 20U1187 issued 11-02-2020 | Revised paragraphs (2) and (3) for clarity, based on method of contact. |
IRM 5.19.1.3.2.1.1, ACS Transfer Information, IPU 21U0184 issued 02-02-2021 | Added reminder under paragraph (1) for CSCO employees. Added reference to paragraph (3) for Transfer PIN guidance. |
IRM 5.19.1.3.2.3, Taxpayer Advocate Service (TAS), IPU 20U1187 issued 11-02-2020 | Revised paragraph (1) to clarify when taxpayers may receive assistance from TAS.. |
IRM 5.19.1.3.2.3.1, Low Income Taxpayer Clinics (LITCs), IPU 20U1187 issued 11-02-2020 | Added new subsection to provide information for LITCs. |
IRM 5.19.1.3.3, Referrals and Redirect for AM Employees, IPU 20U1187 issued 11-02-2020 | Inserted three new rows in table under paragraph (4) to provide instructions for requests to change existing out of scope IAs. |
IRM 5.19.1.3.3, Referrals and Redirect for AM Employees, IPU 21U1096 issued 09-14-2021 | Deleted guidance for AM employees as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.3.3, Referrals and Redirect for AM Employees, IPU 21U1275 issued 11-18-2021 | Deleted this subsection and renumbered subsequent subsections. |
IRM 5.19.1.3.5, For All ACS Employees, IPU 21U0901 issued 07-01-2021 | Revised paragraph (1) to update NMF toll free number. Added exception under paragraph (2) for SCP employees. |
IRM 5.19.1.3.4, For All ACS Employees, IPU 21U1275 issued 11-18-2021 | Revised Exception under paragraph (2) to spell out SCP acronym. |
IRM 5.19.1.3.5.1, Multilingual Services, IPU 20U1187 issued 11-02-2020 | Added exception for SCP employees under paragraph (3). |
IRM 5.19.1.3.5.1, Multilingual Services, IPU 21U0184 issued 02-02-2021 | Revised paragraph (3) from non-English speaking to limited English proficient which aligns with the IRS Multilingual Initiatives. |
IRM 5.19.1.3.4.1, Multilingual Services, IPU 21U1275 issued 11-18-2021 | Revised Exception under paragraph (3)(a) to spell out SCP acronym. |
IRM 5.19.1.3.4.1, Multilingual Services, IPU 22U0551 issued 04-27-2022 | Added Exception under paragraph (3) for ACS assistors staffing the ACS International line. |
IRM 5.19.1.3.5.2, Tax Law Inquiry, IPU 21U1096 issued 09-14-2021 | Deleted paragraphs (1) and (2) since AM answers in scope tax law inquiries year-round. Added other in scope tax law inquiries handled by AM under paragraph (3). Revised paragraphs (4) and (5) since AM answers in scope tax law inquiries year-round. Revised paragraph (6) to add references with additional information for out of scope tax law inquiries. |
IRM 5.19.1.3.5.2.1, Tax Law Inquiry Topic is Handled by AM , IPU 21U0435 issued 03-19-2021 | Revised table under paragraph (1) to include UCCE for Spanish speaking taxpayers. |
IRM 5.19.1.3.5.2.1, Tax Law Inquiry Topic is Handled by AM , IPU 21U1096 issued 09-14-2021 | Revised paragraph (1) since AM answers in scope tax law inquiries year-round. |
IRM 5.19.1.3.5.2.2, Tax Law Inquiry Topic is NOT Handled by AM and TP has Internet Access, IPU 21U1096 issued 09-14-2021 | Revised paragraph (1) since AM answers in scope tax law inquiries year-round. Deleted 3rd bullet under paragraph (2) as it is no longer available. |
IRM 5.19.1.3.5.2.3, Tax Law Inquiry Topic is NOT Handled by AM and Taxpayer does NOT have Internet Access, IPU 20U1187 issued 11-02-2020 | Removed references to Tele-Tax and added the phone number for Tax Forms and Publications as a referral source. Deleted paragraph (2). |
IRM 5.19.1.3.5.2.3, Tax Law Inquiry Topic is NOT Handled by AM and Taxpayer does NOT have Internet Access, IPU 21U1096 issued 09-14-2021 | Revised paragraph (1) since AM answers in scope tax law inquiries year-round. |
IRM 5.19.1.3.5.3.7, Special Compliance Personnel (SCP) Calls, IPU 21U0435 issued 03-19-2021 | Revised paragraph (3) to include hours of operation for SCP. Added Note under paragraph (3) with toll free number for SCP. |
IRM 5.19.1.3.6, For Other Account Issues Requiring Referrals or Redirect, IPU 21U0184 issued 02-02-2021 | Revised paragraph (9) to refer the appropriate function. Deleted reminder under paragraph (9) as no longer applicable. |
IRM 5.19.1.4.1, Account Actions on Referral/Redirects, IPU 20U1187 issued 11-02-2020 | Deleted last sentence in paragraph (2). Revised examples in paragraph (8)(b) to adhere to fictionalizing guidelines. Updated CC STAUP parameters throughout. |
IRM 5.19.1.4.1, Account Actions on Referral/Redirects, IPU 21U0184 issued 02-02-2021 | Added reminder under paragraph (1). Revised ACS & ACSS employees threshold. Revised paragraph (4) and deleted Exception as no longer applicable. Deleted first column of tables under paragraphs (4 thru 6). Revised guidance in last column of tables under paragraphs (4 thru 6) based on revised ACS/ACSS case processing authority levels and restructured for readability. Updated CC STAUP parameters throughout. |
IRM 5.19.1.4.1, Account Actions on Referral/Redirects, IPU 21U1096 issued 09-14-2021 | Deleted paragraphs (4) through (6) and inserted into a new subsection for each functional area. Deleted paragraph (7) containing AM employee guidance as it is no longer applicable due to balance due call routing. Added new paragraph (13) to list new subsections for account actions on referral/redirects specific to each functional area. |
IRM 5.19.1.4.1.1, Account Actions on Referral/Redirects - ACS and ACSS Employees, IPU 21U1096 issued 09-14-2021 | Inserted new referral/redirect subsection specific for ACS/ACSS employees. |
IRM 5.19.1.4.1.1, Account Actions on Referral/Redirects - ACS and ACSS Employees, IPU 22U0968 issued 09-22-2022 | Added guidance to obtain lead/manager approval and parameters when reassigning cases TOI7. |
IRM 5.19.1.4.1.2, Account Actions on Referral/Redirects - CSCO Employees, IPU 21U1096 issued 09-14-2021 | Inserted new referral/redirect subsection specific for CSCO employees. |
IRM 5.19.1.4.1.2, Account Actions on Referral/Redirects - CSCO Employees, IPU 22U0551 issued 04-27-2022 | Revised second Note under paragraph (1) to correct IRM reference. |
IRM 5.19.1.4.1.3, Account Actions on Referral/Redirects - FA Employees, IPU 21U1096 issued 09-14-2021 | Inserted new referral/redirect subsection specific for FA employees. |
IRM 5.19.1.4.2, Taxpayer Information, IPU 21U1096 issued 09-14-2021 | Deleted two exceptions for AM employees under paragraph (3) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.4.3, Determine Correct Tax Liability, IPU 20U1187 issued 11-02-2020 | Added additional references for Audit Reconsiderations. |
IRM 5.19.1.4.3.3, ACS Procedures for Accessing CEAS on Closed Examination Cases, IPU 20U1187 issued 11-02-2020 | Inserted new subsection with procedures for accessing CEAS/RGS for ACS employees with access. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 20U1187 issued 11-02-2020 | Added an instruction in paragraph (1). Added exception under tables in paragraphs (4) and (5) to address 2019 tax year processing delays. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 21U0435 issued 03-19-2021 | Revised exception under tables in paragraphs (4) and (5) to address ongoing 2019 tax year processing delays. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 21U0901 issued 07-01-2021 | Added an exception under paragraph (3) to allow granting an IA when 2019 return processing delays exist. Revised exception under paragraphs (4) and (5) to allow granting an IA when 2020 return processing delays exist. Revised paragraph (7) to provide clarification where to send return delinquencies. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 21U1096 issued 09-14-2021 | Deleted exception for AM employees under paragraph (3) as it is no longer applicable due to balance due call routing. Revised Exception under paragraph (4) to address ongoing 2020 tax year processing delays. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 21U1275 issued 11-18-2021 | Deleted exception under paragraph (3) as it is no longer applicable. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 21U1342 issued 12-15-2021 | Revised exception under tables in paragraphs (4) and (5) to address ongoing 2020 tax year processing delays. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 22U0551 issued 04-27-2022 | Revised exception under tables in paragraphs (4) and (5) to address ongoing 2020 and 2021 tax year processing delays. |
IRM 5.19.1.4.4.1, Full Compliance Check, IPU 22U0968 issued 09-22-2022 | Added IDRS research to paragraph (2) for instances when AMS cannot be documented. Revised exception under tables in paragraphs (4) and (5) to address ongoing 2020 and 2021 tax year processing delays. |
IRM 5.19.1.4.4.1.1, Express Filing Compliance Check, IPU 20U1187 issued 11-02-2020 | Revised Note in paragraphs (2) and (4) to remove the last section of the last sentence relating to the age of unfiled tax returns. |
IRM 5.19.1.4.4.1.2, Express Filing Compliance Check for Automated Tools and Programs, IPU 21U1096 issued 09-14-2021 | Revised paragraph (3) to reflect correct OPA look back period for unfiled returns. |
IRM 5.19.1.4.4.2, Balance Due Taxpayer Education (Cause and Cure), IPU 22U0968 issued 09-22-2022 | Added AMS and IDRS to Note under paragraph (1) for instances when AMS cannot be documented. |
IRM 5.19.1.4.4.3, Balance Due Taxpayer Education (Cause and Cure), IPU 20U1187 issued 11-02-2020 | Revised the first and second rows of table under paragraph (5) to update the language referring to recalculating the correct withholding. |
IRM 5.19.1.4.5, Balance Due Collection Mail Procedures, IPU 20U1187 issued 11-02-2020 | Deleted paragraphs (2) through (5) and following subsection to reflect that "First Read" procedures are no longer used. Updated paragraph (1) to include hyperlink to IRM 5.19.16.5, SBSE Fast Scan Procedures Overview, where SBSE Fast Scan procedures are located. |
IRM 5.19.1.5, Balance Due Special Considerations, IPU 21U0901 issued 07-01-2021 | Added bullet for new CSCO Manual Refund Processing subsection. |
IRM 5.19.1.5.1.1, NMF Notice Responses, IPU 20U1187 issued 11-02-2020 | Revised number of allowable days for short term payment plan to 180. |
IRM 5.19.1.5.1.1, NMF Notice Responses, IPU 21U0901 issued 07-01-2021 | Revised paragraph (1) to update NMF toll free number. |
IRM 5.19.1.5.1.1, NMF Notice Responses, IPU 21U1275 issued 11-18-2021 | Revised paragraph (1) to include NMF Non-Toll free number. |
IRM 5.19.1.5.1.3, NMF Adjustment File, IPU 20U1187 issued 11-02-2020 | Revised language referring to joint taxpayers as husband and wife to that of primary and secondary. |
IRM 5.19.1.5.2.1, Contacts Regarding Insolvency Issues, IPU 21U0435 issued 03-19-2021 | Revised paragraph (2) to clarify guidance on IA requests for post petition liabilities. Added Caution under paragraph (2) that IA requests for post petition liabilities are non processable and added IRM reference. |
IRM 5.19.1.5.2.1.2, Bankruptcy Filed, IPU 21U1096 issued 09-14-2021 | Deleted AM reference in note under paragraph (1) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.2.1.3, Will File Bankruptcy, IPU 21U1096 issued 09-14-2021 | Deleted exception for AM employees under paragraph (2) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.3, Deceased Taxpayers, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameters throughout. |
IRM 5.19.1.5.3, Deceased Taxpayers, IPU 21U1096 issued 09-14-2021 | Deleted exception for AM employees under table of paragraph (1)(f) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.3.1, Deceased Taxpayer - Balance Due Actions, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameter under paragraph (1)(b). |
IRM 5.19.1.5.3.2, Deceased Taxpayers - Entity Changes, IPU 20U1187 issued 11-02-2020 | Revised table in paragraph (1) to adhere to fictionalizing guidelines. Added reference to paragraph (2)(a). |
IRM 5.19.1.5.3.2, Deceased Taxpayers - Entity Changes, IPU 21U0184 issued 02-02-2021 | Added reference to paragraph (1). |
IRM 5.19.1.5.4, TFRP Issues, IPU 20U1187 issued 11-02-202 | Removed routing information to TFRP liaison and replaced with a hyperlink to current liaison information. |
IRM 5.19.1.5.8, Disaster/Emergency Relief, IPU 20U1187 issued 11-02-2020 | Moved paragraph (3) to paragraph (4). Revised paragraph (11), including inserting a new table to discuss disaster processing for IAs. |
IRM 5.19.1.5.8, Disaster/Emergency Relief, IPU 21U1096 issued 09-14-2021 | Deleted AM reference in table under paragraph (10) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.10, Tax Court Cases, IPU 21U0184 issued 02-02-2021 | Revised reference in Note under paragraph (2). |
IRM 5.19.1.5.13, Criminal Investigation Division Indicators (CID) on Balance Due Cases, IPU 21U0184 issued 02-02-2021 | Revised reference under paragraph (1). |
IRM 5.19.1.5.18, Innocent Spouse, IPU 21U1096 issued 09-14-2021 | Deleted second reminder for AM employees under paragraph (3) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.21.2, Private Collection Agencies, IPU 21U1096 issued 09-14-2021 | Revised private collection agencies (PCA) under paragraph (1) to reflect current PCAs. |
IRM 5.19.1.5.21.2.1, Private Debt Collection Account Identification, IPU 21U1096 issued 09-14-2021 | Revised private debt collection (PDC) ID numbers in table under paragraph (3) to reflect new private collection agency. |
IRM 5.19.1.5.21.3, Private Debt Collection Criteria, IPU 21U0184 issued 02-02-2021 | Revised third bullet under paragraph (1) to comply with changes to the Taxpayer First Act (TFA). |
IRM 5.19.1.5.21.3.1, Legislative Exclusions to Private Debt Collection Criteria, IPU 21U0184 issued 02-02-2021 | Added two exclusions under paragraph (1) to comply with changes to the TFA. |
IRM 5.19.1.5.21.4, AM, ACS and FA Taxpayer Contacts on Private Debt Collection Accounts, IPU 21U0184 issued 02-02-2021 | Added note to second column of third row of table under paragraph (3) explaining Private Collection Agencies refer to Installment Agreements as Payment Arrangements. |
IRM 5.19.1.5.21.4, AM, ACS and FA Taxpayer Contacts on Private Debt Collection Accounts, IPU 21U0901 issued 07-01-2021 | Added note to TIGTA after hours contact information in table under paragraphs (2) and (3). |
IRM 5.19.1.5.21.4, AM, ACS and FA Taxpayer Contacts on Private Debt Collection Accounts, IPU 21U1096 issued 09-14-2021 | Deleted AM from subsection title as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.21.5, ACSS and CSCO Correspondence on Private Debt Collection Accounts, IPU 21U0184 issued 02-02-2021 | Revised references from Installment Agreement (IA) to Payment Arrangements (PA). |
IRM 5.19.1.5.21.5, ACSS and CSCO Correspondence on Private Debt Collection Accounts, IPU 21U1096 issued 09-14-2021 | Deleted AM reference in exception under paragraph (2) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.21.6, Installment Agreements Granted by Private Collection Agencies, IPU 21U0184 issued 02-02-2021 | Revised title to Payment Arrangements (PA) Granted by Private Collection Agencies. |
IRM 5.19.1.5.21.6, Installment Agreements Granted by Private Collection Agencies, IPU 21U1096 issued 09-14-2021 | Deleted AM reference in exception under paragraph (5) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.5.21.6, Payment Arrangements Granted by Private Collection Agencies, IPU 21U1275 issued 11-18-2021 | Added new paragraph (6) to provide referral instructions for PCA payment arrangements that have ended. |
IRM 5.19.1.5.23, CSCO Manual Refund Processing, IPU 21U0901 issued 07-01-2021 | Insert new subsection for CSCO manual refund processing procedures. |
IRM 5.19.1.5.24, Taxpayer Contact Regarding Letter 3064C, Settlement Notice for Deferred Social Security, IPU 21U1096 issued 09-14-2021 | Insert new subsection for responding to taxpayer contact regarding Letter 3064C, Settlement Notice for Deferred Social Security. |
IRM 5.19.1.5.24, Taxpayer Contact Regarding Letter 3064C, Settlement Notice for Deferred Social Security, IPU 21U1275 issued 11-18-2021 | Revised title of subsection to be more inclusive of various notices for deferred social security tax. Revised paragraphs (1) and (2) to include other notices for deferred social security tax. Converted guidance under paragraph (3) to an If... Then... table to add guidance for CP 56V and CP 256V. Added Note under paragraphs (8) and (10) table for taxpayers who disagree with the balance due. |
IRM 5.19.1.6, Methods of Payment, IPU 20U1187 issued 11-02-2020 | Revised number of allowable days for short term payment plan to 180, throughout. |
IRM 5.19.1.6.1, Taxpayer Refuses To Pay, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameter in table under paragraph (1). |
IRM 5.19.1.6.2, Can Full Pay Balance Due Now (Payoff), IPU 20U1187 issued 11-02-2020 | Added exception for FA employees under paragraph (1) and revised number of allowable days for short term payment plan to 180 in paragraph (4). |
IRM 5.19.1.6.3, Short Term Payment Plan Within 120 Days, IPU 20U1187 issued 11-02-2020 | Revised number of allowable days for short term payment plan to 180 to title and content throughout. Removed Note and Example under paragraph (1) and incorporated into paragraph (5). Updated Caution under paragraph (9). |
IRM 5.19.1.6.3, Short Term Payment Plan Within 120 Days, IPU 21U0184 issued 02-02-2021 | Revised example under paragraph (5) for clarity. Revised ACS literals in last column, third row of table under paragraph (14) example. |
IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days, IPU 21U1096 issued 09-14-2021 | Deleted AM guidance in table under paragraph (1) and references throughout as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4, Installment Agreements (IAs), IPU 20U1187 issued 11-02-2020 | Added exception to table under paragraph (10)(c), and paragraph (12)(c). Updated paragraph (13) and added a note to paragraph (13)(b). |
IRM 5.19.1.6.4, Installment Agreements (IAs), IPU 21U0184 issued 02-02-2021 | Added new guidance to table under paragraph (12)(a) for ACS and ACSS employees with revised case processing authority levels. |
IRM 5.19.1.6.4, Installment Agreements (IAs), IPU 21U1096 issued 09-14-2021 | Deleted paragraph (11) as expanded IAs are no longer applicable. Deleted AM reference under paragraph (14) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4, Installment Agreements (IAs), IPU 21U1275 issued 11-18-2021 | Added caution under paragraph (2) for IA requests from taxpayers who have had their PCA payment arrangement end. |
IRM 5.19.1.6.4.1, Determining Appropriate IA, IPU 20U1187 issued 11-02-2020 | Removed exception from table under paragraph (2). Added exception to paragraph (4). |
IRM 5.19.1.6.4.1, Determining Appropriate IA, IPU 21U0184 issued 02-02-2021 | Revised third thru fifth row, first column of table under paragraph (3) to separate case processing authority level for CSCO and ACS/ACSS employees. Added reference to new subsection for ACS and ACSS employees. |
IRM 5.19.1.6.4.1, Determining Appropriate IA, IPU 21U1096 issued 09-14-2021 | Deleted AM employee references throughout as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement, IPU 21U1096 issued 09-14-2021 | Deleted paragraph (2) containing AM employee guidance as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.2.1, Lump Sum Payment for IBTF Express ONLY, IPU 21U1096 issued 09-14-2021 | Deleted AM employee guidance under paragraph (2) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.3, IA Requirements - BMF Non-Trust Fund, IPU 21U1096 issued 09-14-2021 | Changed title to indicate BMF Non-Trust Fund. Deleted AM reference as it is no longer applicable due to balance due call routing and clarified guidance under paragraph (3). |
IRM 5.19.1.6.4.3, IA Requirements - BMF Non-Trust Fund, IPU 22U0968 issued 09-22-2022 | Revised IRM references and added parameter when reassigning cases TOI7. |
IRM 5.19.1.6.4.4, IMF/BMF Related Accounts, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameter under paragraph (2)(d). |
IRM 5.19.1.6.4.4, IMF/BMF Related Accounts, IPU 22U0968 issued 09-22-2022 | Revised IRM references and added parameter when reassigning cases TOI7. |
IRM 5.19.1.6.4.5, Account Statuses Affecting IAs, IPU 20U1187 issued 11-02-2020 | Revised and reorganized paragraph (8), added guidance in paragraphs (a), (b), (c) and (e) to clarify instructions for active/inactive modules. Added new paragraph (d). |
IRM 5.19.1.6.4.5, Account Statuses Affecting IAs, IPU 21U1096 issued 09-14-2021 | Inserted other Forms and MFT's considered Trust Fund returns to table under paragraph (5), per IRM 5.7.3.1.1. |
IRM 5.19.1.6.4.5, Account Statuses Affecting IAs, IPU 22U0551 issued 04-27-2022 | Deleted reference to obsolete Insolvency (Bankruptcy) Tool under paragraph (2). |
IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview, IPU 20U1187 issued 11-02-2020 | Revised title of IRM reference: IRM 5.19.1.2.7.1, Taxpayer Responsibilities - When Submitting Payments by Check or Money Order, to last bullet under paragraph (1). Revised number of allowable days for short term payment plan to 180 to paragraph in table under paragraph (11). |
IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview, IPU 21U1096 issued 09-14-2021 | Revised table under paragraph (11) to include IAs reinstated after an OIC is rejected, returned, withdrawn, or terminated. Removed paragraph (13) and significantly revised paragraph (14) to move Form 13844, Application for Reduced User Fee for Installment Agreements, guidance to a new subsection. |
IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview, IPU 21U1275 issued 11-18-2021 | Added Note in table under paragraph (5) to indicate a change to the OPA IA originator user fee beginning January 2022. |
IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview, IPU 22U0551 issued 04-27-2022 | Revised content and deleted Note in table under paragraph (5) to include a change to the OPA IA originator user fee beginning January 9, 2022. |
IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview, IPU 22U0968 issued 09-22-2022 | Revised paragraph (1) to reflect change from IRS PayNearMe to IRS VanillaDirect. |
IRM 5.19.1.6.4.6.5, Processing Form 13844, Application for Reduced User Fee for Installment Agreements (KCSC ACSS Only), IPU 21U1096 issued 09-14-2021 | Added new subsection that provides guidance to KCSC ACSS employees who process Form 13844, Application for Reduced User Fee for Installment Agreements. |
IRM 5.19.1.6.4.7, Pending IA Criteria, IPU 20U1187 issued 11-02-2020 | Revised reference under paragraph (2), added guidance in paragraphs (e) and (f), and added Caution. |
IRM 5.19.1.6.4.7.2, Requests Meeting Pending IA Criteria, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameters throughout in table under paragraph (3). |
IRM 5.19.1.6.4.7.2.1, Solely to Delay, IPU 20U1187 issued 11-02-2020 | Added new subsection moved from IRM 5.19.1.6.4.9, IA Rejection Criteria. |
IRM 5.19.1.6.4.8, IA Managerial Approval, IPU 21U0901 issued 07-01-2021 | Revised reference under paragraph (3). Revised paragraph (5) to specify parameter for employee follow up. |
IRM 5.19.1.6.4.9, IA Rejection Criteria, IPU 20U1187 issued 11-02-2020 | Deleted and moved paragraphs (3) and (4) to new subsection IRM 5.19.1.6.4.7.2.1, Solely to Delay. |
IRM 5.19.1.6.4.9, IA Rejection Criteria, IPU 21U0901 issued 07-01-2021 | Revised example under 9th bullet of paragraph (2). |
IRM 5.19.1.6.4.10, Proposal to Reject IA to Independent Review, IPU 20U1187 issued 11-02-2020 | Added table to paragraph (4) to provide routing information of Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection. |
IRM 5.19.1.6.4.10, Proposal to Reject IA to Independent Review, IPU 22U0551 issued 04-27-2022 | Revised table under paragraph (4) to include ACSS and CSCO to utilize SharePoint for forwarding referrals to Independent Reviewer. |
IRM 5.19.1.6.4.10, Proposal to Reject IA to Independent Review, IPU 22U0968 issued 09-22-2022 | Revised parameter when reassigning cases TOS5. |
IRM 5.19.1.6.4.11, Rejected IA Suspense File, IPU 20U1187 issued 11-02-2020 | Updated instructions in paragraph (7) and reference in paragraph (8)(c). |
IRM 5.19.1.6.4.12, Input of IA, IPU 21U0184 issued 02-02-2021 | Revised paragraph (3) with IDRS cycles for first payment scheduled. |
IRM 5.19.1.6.4.13, DDIA, IPU 21U0184 issued 02-02-2021 | Added reminder under paragraph (1). Revised references in table under paragraph (17). |
IRM 5.19.1.6.4.13, DDIA, IPU 21U1096 issued 09-14-2021 | Deleted AM reference as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.13, DDIA, IPU 22U0551 issued 04-27-2022 | Revised paragraph (12) to align with DDIA retention local procedures guidance in IRM 5.19.1.8. Added Note in table under paragraph (17) to accept a faxed DDIA after the call. |
IRM 5.19.1.6.4.13.1, DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request, IPU 20U1187 issued 11-02-2020 | Updated reference in paragraph (2). |
IRM 5.19.1.6.4.13.1, DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request, IPU 21U0901 issued 07-01-2021 | Revised table under paragraph (6) to reflect additional OPA functionality. |
IRM 5.19.1.6.4.13.1, DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request, IPU 21U1096 issued 09-14-2021 | Deleted AM reference as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.13.2, Taxpayer Problems With DDIA, IPU 21U0901 issued 07-01-2021 | Revised table under paragraph (3)(b) to reflect additional OPA functionality. |
IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement, IPU 21U1096 issued 09-14-2021 | Deleted exception for AM employees in table under paragraph (2) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement, IPU 22U0968 issued 09-22-2022 | Added case disposition guidance in last row of table under paragraph (2). |
IRM 5.19.1.6.4.14.1, Input of PDIA, IPU 21U1096 issued 09-14-2021 | Deleted exception for AM employees under paragraphs (1) and (2) as it is no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.16, IA Terms and Conditions, IPU 22U0968 issued 09-22-2022 | Deleted step list under paragraph (7) and consolidated guidance under paragraph (7) with IA managerial approval IRM reference. |
IRM 5.19.1.6.4.18, Payment Skips (Missed Payments), IPU 20U1187 issued 11-02-2020 | Revised language in paragraph (1) to clarify missed payment processing. |
IRM 5.19.1.6.4.19, Revision/Reinstatement of IAs, IPU 20U1187 issued 11-02-2020 | Added exception to paragraph (2). Revised number of allowable days for short term payment plan to 180 throughout. |
IRM 5.19.1.6.4.19, Revision/Reinstatement of IAs, IPU 21U0184 issued 02-02-2021 | Added note to third column, row eight, of table under paragraph (6) for erroneously defaulted IAs. |
IRM 5.19.1.6.4.20, Adding New Liability to an Existing IA, IPU 21U1096 issued 09-14-2021 | Deleted two exceptions for AM employees under paragraph (3) as they are no longer applicable due to balance due call routing. |
IRM 5.19.1.6.4.21, VLSP, IPU 20U1187 issued 11-02-2020 | Revised number of allowable days for short term payment plan to 180 in paragraph (1). Updated 1st and 2nd Notes under paragraph (5) for clarity. |
IRM 5.19.1.6.5.1, PPIA Requirements, IPU 20U1187 issued 11-02-2020 | Added reference to paragraph (1)(a). |
IRM 5.19.1.6.5.2, Procedures for PPIA, IPU 20U1187 issued 11-02-2020 | Revised both Examples in paragraph (4) for clarity. |
IRM 5.19.1.6.5.2, Procedures for PPIA, IPU 21U1096 issued 09-14-2021 | Revised paragraph (4) to provide clarification on the use of and calculation of the PPIA TFRO calculator. |
IRM 5.19.1.6.5.2, Procedures for PPIA, IPU 22U0968 issued 09-22-2022 | Added parameter when reassigning cases TOI7 and revised IRM reference under paragraph (5). |
IRM 5.19.1.6.5.4, Two Year Review, IPU 21U0901 issued 07-01-2021 | Revised reference under paragraph (1). |
IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameters in table under paragraph (2)(f). |
IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA, IPU 21U1096 issued 09-14-2021 | Deleted AM reference under paragraph (3) as it is no longer applicable due to balance due call routing. Revised paragraphs (j), (k) and (l) under paragraph (3) to provide clarity of CCP referrals. |
IRM 5.19.1.6.7, Mirroring Accounts, IPU 20U1187 issued 11-02-2020 | Revised paragraph (2) to clarify requests for separate treatment. Reorganized and revised paragraph (3) for clarity of the mirroring process, and deleted repetitious content. |
IRM 5.19.1.6.7.1, Front End Mirror Assessments Process for IA Closures, IPU 20U1187 issued 11-02-2020 | Revised language in paragraph (3) referring to joint taxpayers as husband and wife to that of primary and secondary. |
IRM 5.19.1.6.8, Online Payment Agreements (OPA), IPU 20U1187 issued 11-02-2020 | Revised number of allowable days for short term payment plan to 180 in paragraph (1) note. |
IRM 5.19.1.6.8, Online Payment Agreements (OPA), IPU 21U1275 issued 11-18-2021 | Added planned OPA programming changes in January 2022 to allow short term payment plans up to 180 days under paragraph (1) Note. Added new paragraph (4) to include online account information. |
IRM 5.19.1.6.8, Online Payment Agreements (OPA), IPU 22U0551 issued 04-27-2022 | Deleted Note under paragraph (1) no longer applicable after OPA programming changes took effect January 9, 2022, to allow short term payment plans up to 180 days. |
IRM 5.19.1.6.8.1, OPA Management Action Reports (MAR), IPU 21U1096 issued 09-14-2021 | Revised paragraph (5) to include expansion of VBD acronym. |
IRM 5.19.1.6.8.1, OPA Management Action Reports (MAR), IPU 22U0968 issued 09-22-2022 | Deleted exception under paragraph (3) not applicable. |
IRM 5.19.1.6.8.2, OPA User Fees, IPU 20U1187 issued 11-02-2020 | Deleted text in table, second bullet under (b). Updated second note below table under paragraph (2) concerning DDIA revisions to reflect OPA programming enhancements. |
IRM 5.19.1.6.8.2, OPA User Fees, IPU 21U0901 issued 07-01-2021 | Deleted second note under paragraph (2) table as no longer applicable since OPA has additional IA revisions functionality. |
IRM 5.19.1.6.8.2, OPA User Fees, IPU 21U1275 issued 11-18-2021 | Added Note in table under paragraph (2) to indicate a change to the OPA IA originator user fee beginning January 2022. |
IRM 5.19.1.6.8.2, OPA User Fees, IPU 22U0551 issued 04-27-2022 | Deleted Note in table under paragraph (2) and incorporated into bullet. |
IRM 5.19.1.6.8.3, Referring Taxpayers to OPA, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameters in paragraph (8). |
IRM 5.19.1.6.8.3, Referring Taxpayers to OPA, IPU 21U1275 issued 11-18-2021 | Revised guidance under paragraph (4) and deleted second note under paragraph (9) to align with the Secure Access Digital Identity (SADI) verification and authentication processing. |
IRM 5.19.1.6.8.3.1, Taxpayer Problems With OPA, IPU 20U1187 issued 11-02-2020 | Added reminder to table under paragraph (5) revising number of allowable days for short term payment plan to 180. |
IRM 5.19.1.6.8.3.1, Taxpayer Problems With OPA, IPU 21U1275 issued 11-18-2021 | Revised guidance in table under paragraph (4) to align with the Secure Access Digital Identity (SADI) verification and authentication processing. Revised reminder in first row of table under paragraph (5) to add planned OPA programming changes in January 2022 to allow short term payment plans up to 180 days. |
IRM 5.19.1.6.8.3.1, Taxpayer Problems With OPA, IPU 22U0551 issued 04-27-2022 | Deleted Reminder in table under paragraph (5) no longer applicable after OPA programming changes took effect January 9, 2022 to allow short term payment plans up to 180 days. |
IRM 5.19.1.6.8.3.2, SCP Follow-up on OPA Referrals, IPU 21U0435 issued 03-19-2021 | Revised LT24 to LT19 in second row of table to reflect the correct letter for SIAs. |
IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection, IPU 20U1187 issued 11-02-2020 | Updated reference in note under paragraph (2). |
IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection, IPU 21U0184 issued 02-02-2021 | Updated CC STAUP parameters throughout paragraph (7). |
IRM 5.19.1.8, DDIA Monitoring Procedures, IPU 20U1187 issued 11-02-2020 | Updated paragraph (5) to include hyperlinks. |
IRM 5.19.1.8, DDIA Monitoring Procedures, IPU 22U0551 issued 04-27-2022 | Updated paragraph (6) to add guidance for local procedures. |
IRM 5.19.1.8.4, Perfecting DDIAs, IPU 20U1187 issued 11-02-2020 | Updated row 6 of table under paragraph (3) to include reference for IA requests with a missing payment date. |
IRM 5.19.1.8.6, Revising DDIAs, IPU 21U0184 issued 02-02-2021 | Revised DDIA input cycles in table under paragraph (5), to align with IA input guidance. |
IRM 5.19.1.8.6.1, Requests to Skip a Payment, IPU 20U1187 issued 11-02-2020 | Changed title to Requests to Skip a Direct Debit Installment Agreement (DDIA) Payment. |
Exhibit 5.19.1-1 Acronyms, Explanations and Command Codes for IRM 5.19.1, IPU 20U1187 issued 11-02-2020 | Changed title to Acronyms and Explanations for IRM 5.19.1, updated acronym table, and moved Command Codes table to Exhibit 5.19.1-2, Command Codes for IRM 5.19.1. |
Exhibit 5.19.1-1 Acronyms, Explanations and Command Codes for IRM 5.19.1, IPU 21U0184 issued 02-02-2021 | Corrected title to Acronyms and Explanations for IRM 5.19.1. Added acronym and explanation for Payment Arrangement. |
Exhibit 5.19.1-1 Acronyms, Explanations and Command Codes for IRM 5.19.1, IPU 21U1096 issued 09-14-2021 | Revised AM definition to remove "granting IAs" as it is no longer applicable due to balance due call routing. Added new acronyms and explanation. |
Exhibit 5.19.1-2, ACS OPA Call Flow, IPU 20U1187 issued 11-02-2020 | Changed title to Command Codes for IRM 5.19.1, and added content moved from Exhibit 5.19.1-1. |
Exhibit 5.19.1-3, ACS Call Flow, IPU 20U1187 issued 11-02-2020 | Revised and reorganized first row of the first table, added references for International callers and those requiring a language interpreter other than Spanish, added references for when additional taxpayer authentication may be appropriate and a third party is authorized on a Form 8821. Revised second row of first table to update reference in paragraph (2) and hold time guidance. |
Exhibit 5.19.1-3, ACS Call Flow, IPU 21U0184 issued 02-02-2021 | Revised reference in last column of table under Path A, paragraph (b). |
Exhibit 5.19.1-3, ACS Call Flow, IPU 21U1096 issued 09-14-2021 | Revised IRM references throughout to reflect the correct title. |
Exhibit 5.19.1-3, ACS Call Flow, IPU 21U1275 issued 11-18-2021 | Revised paragraph (3) of second row under Corresponding Research/Actions column to add guidance to research for assignment to SCP. |
Exhibit 5.19.1-3, ACS Call Flow, IPU 22U0968 issued 09-22-2022 | Added introduction paragraph with the purpose of the call flow. Reorganized call flow guidance into six sections, each with a three-column table to improve readability and improve efficiency of call handling. |
Exhibit 5.19.1-4, IDRS Input of Full Pay Agreements, 120 Days or Less, CC IAORG for AM/ACS/ACSS/CSCO/FA, IPU 20U1187 issued 11-02-2020 | Changed the title to IDRS Input of Full Pay Agreements, 180 Days or Less, CC IAORG for AM/ACS/ACSS/CSCO/FA. Updated throughout to reflect change in Short Term Payment Plans from 120 to 180 days. |
Exhibit 5.19.1-4, IDRS Input of Full Pay Agreements, 120 Days or Less, CC IAORG for AM/ACS/ACSS/CSCO/FA, IPU 21U1096 issued 09-14-2021 | Revised title to remove AM as it is no longer applicable due to balance due call routing. |
Exhibit 5.19.1-5, IDRS Input of Full Pay Agreements, 120 Days or Less, CC IAREV for AM/ACS/ACSS/CSCO/FA, IPU 20U1187 issued 11-02-2020 | Changed the title to IDRS Input of Full Pay Agreements, 180 Days or Less, CC IAREV for AM/ACS/ACSS/CSCO/FA. Updated throughout to reflect change in Short Term Payment Plans from 120 to 180 days. |
Exhibit 5.19.1-5, IDRS Input of Full Pay Agreements, 120 Days or Less, CC IAREV for AM/ACS/ACSS/CSCO/FA, IPU 21U1096 issued 09-14-2021 | Revised title to remove AM as it is no longer applicable due to balance due call routing. |
Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, IPU 20U1187 issued 11-02-2020 | Updated first paragraph to reflect change in Short Term Payment Plans from 120 to 180 days. Updated paragraphs (12) and (23). |
Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, IPU 21U0184 issued 02-02-2021 | Revised payment due cycles in paragraph (5), to align with IA input guidance. |
Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV, IPU 20U1187 issued 11-02-2020 | Updated first paragraph to reflect change in Short Term Payment Plans from 120 to 180 days. Updated paragraphs (13) and (24). |
Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV, IPU 21U0184 issued 02-02-2021 | Revised payment due cycles in paragraph (13), to align with IA input guidance. |
Exhibit 5.19.1-8, IDRS Input of Pre-Assessed IAs and Full Pay Agreements, IPU 20U1187 issued 11-02-2020 | Updated table in paragraph (16) to reflect change in Short Term Payment Plans from 120 to 180 days. |
Exhibit 5.19.1-8, IDRS Input of Pre-Assessed IAs and Full Pay Agreements, IPU 21U0184 issued 02-02-2021 | Revised payment due cycles in first row of table under paragraph (16), to align with IA input guidance. |
Exhibit 5.19.1-9, ALNs, IPU 21U0184 issued 02-02-2021 | Revised exception under last bullet of YY paragraph to add 91 as a value. |
Exhibit 5.19.1-9, ALNs, IPU 21U1096 issued 09-14-2021 | Deleted AM reference under 11th bullet as it is no longer applicable due to balance due call routing. |
Exhibit 5.19.1-10, IA Originator Codes, IPU 21U1096 issued 09-14-2021 | Added three (3) new IA originator codes. |
Exhibit 5.19.1-11, IA User Fee Codes, IPU 20U1187 issued 11-02-2020 | Updated first example to reflect change in Short Term Payment Plans from 120 to 180 days. |
Exhibit 5.19.1-12, OPA Referral Criteria, IPU 20U1187 issued 11-02-2020 | Inserted a new row to describe disabled accounts and updated the row concerning DDIA revisions to reflect OPA programming enhancements. |
Exhibit 5.19.1-12, OPA Referral Criteria, IPU 21U0184 issued 02-02-2021 | Added a row to the table, to preclude accounts assigned to a PCA from being referred to OPA. |
Exhibit 5.19.1-12, OPA Referral Criteria, IPU 21U0901 issued 07-01-2021 | Deleted DDIA revisions from table as it is no longer applicable due to OPA additional functionality. |
Exhibit 5.19.1-12, OPA Referral Criteria, IPU 22U0968 issued 09-22-2022 | Added exception to table for ITIN holders. |
Exhibit 5.19.1-13, Balance Due Research Procedures for AM Employees, IPU 20U1187 issued 11-02-2020 | Updated IRM references with their revised titles. |
Exhibit 5.19.1-13, Balance Due Research Procedures for AM Employees, IPU 21U1096 issued 09-14-2021 | Revised exhibit title from Balance Due Research for AM Employees to Installment Agreement Table, to reflect new exhibit content. Deleted AM guidance as it is no longer applicable due to balance due call routing. Insert new table to provide a summary of the various installment agreements. |
Exhibit 5.19.1-13, Installment Agreement Table, IPU 22U0551 issued 04-27-2022 | Revised table to clarify guidance. |
Exhibit 5.19.1-14, Recommended AM Balance Due Call Flow, IPU 20U1187 issued 11-02-2020 | Updated IRM reference with the revised title and "he/she" to "they". |
Exhibit 5.19.1-14, Recommended AM Balance Due Call Flow, IPU 21U1096 issued 09-14-2021 | Deleted entire exhibit to remove AM guidance as it is no longer applicable due to balance due call routing. |
Throughout, IPU 21U1275 issued 11-18-2021 | Revised text for editorial changes, correct IRM references and updated broken links for consistency. |
Throughout, IPU 22U0551 issued 04-27-2022 | Revised text for editorial changes, correct IRM references and updated broken links for consistency. |
Throughout | Revised text for editorial changes, correct IRM references and updated broken links for consistency. |
Effect on Other Documents
IRM 5.19.1 dated 11-30-2020 is superseded. The following IRM Procedural Updates (IPUs) have been incorporated into this IRM: IPU 20U1187, issued 11-02-2020, IPU 21U0184, issued 02-02-2021, IPU 21U0435, issued 03-19-2021, IPU 21U0901, issued 07-01-2021, IPU 21U1096, issued 09-14-2021, IPU 21U1275, issued 11/18/2021, IPU 21U1342, issued 12/15/2021, IPU 22U0551, issued 04/27/2022, IPU 22U0968, issued 09/22/2022.
Audience
Small Business Self-Employed (SB/SE) and Wage and Investment (W&I) Compliance and Field Assistance employees who process Balance Due responses.
Effective Date
(11-01-2022)
Kareem Williams
Director, Collection Policy
Small Business/Self Employed Division
Program Scope and Objectives
(1) The objective of the balance due program is to work responses to balance due notices and work with taxpayers to help them satisfy their outstanding tax liabilities.
(2) Purpose: In general, taxpayer written, phone or face to face contacts related to balance due modules in notice or Taxpayer Delinquent Account (TDA) status will be processed using this IRM.
(3) Audience: These procedures apply to IRS employees who are trained and responsible for the processing of Campus balance due responses. These employees are located in both the Small Business/Self-Employed (SB/SE) and Wage & Investment (W&I) business operating divisions in the following functions:
Automated Collection System (ACS) and ACS Support (ACSS)
Compliance Services Collection Operation (CSCO)
Field Assistance (FA) Offices
Accounts Management (AM)
(4) Policy Owner: Director, Collection Policy, SBSE.
(5) Program Owner: Collection Policy, SBSE, Case Resolution Alternatives (CRA).
(6) Primary Stakeholders:
ACS and ACSS employees
CSCO employees
FA employees
(7) Program Goals: This IRM provides the fundamental knowledge and procedural guidance for employees who work balance due responses. By following the processes and procedures provided by this IRM, employees will process balance due responses in a manner that follows IRS policy and procedures while promoting the best interests of the Government.
Background
(1) This IRM 5.19.1, Liability Collection, Balance Due, provides directions and guidelines for working the balance due program. The procedures contained in this section provide guidance for employees to help taxpayers determine the best way to resolve their outstanding balance(s) due. This section also provides guidance on various situations that employees may encounter and how to resolve them.
(2) Installment Agreements (IAs) are arrangements by which the Internal Revenue Service allows taxpayers to pay liabilities over time. Taxpayers should be encouraged to pay the liability in full to avoid the costs of an IA, which include a user fee, accrual of penalties and interest, and the possible filing of a Notice of Federal Tax Lien (NFTL). If full payment cannot be achieved by the Collection Statute Expiration Date (CSED), and taxpayers have some ability to pay, Partial Payment Installment Agreements (PPIAs) may be granted. During the course of IAs, penalties and interest continue to accrue. No levies may be served while an IA is pending, in effect, or for 30 days following rejection or termination and the appeal period if the rejection or termination is timely appealed.
Authority
(1) The authorities for this IRM include:
IRC 6159, Agreements for Payment of Tax Liability in Installments.
26 CFR 301.6343
(2) Per Policy Statement 5-1: A tax system based on voluntary assessment would not be viable without enforcement programs to ensure compliance. The Service is committed to educating and assisting taxpayers who make a good faith effort to comply. However, enforcement action should be taken promptly, in accordance with Internal Revenue Manual guidelines, against taxpayers who have not shown a good faith effort to comply. Promotion of long-term voluntary compliance is a basic goal of the Service, and in reaching this goal, the Service will be cognizant not only of taxpayers’ obligations under our system of taxation but also of their rights.
(3) Per Policy Statement 5-2: We will actively assist taxpayers who try to comply with the law, and work to continually improve the quality of our systems and service to meet the needs of our customers. All taxpayers, whether delinquent or fully compliant, are entitled to prompt and professional service whenever they deal with Service employees. The public as a whole is our customer, not just delinquent taxpayers. Our customers expect us to promote voluntary compliance by ensuring that all promptly pay their fair share.
(4) IRC 6502 provides procedures for the ten year CSED.
(5) The IRS Restructuring and Reform Act of 1998 (IRS RRA 98), Section 3705(a), provides identification requirements for all IRS employees working tax related matters.
Roles and Responsibilities
(1) The Director, Collection Policy, is responsible for all policy and procedures related to balance due programs. They are responsible for overseeing program coordination for Campus procedures related to balance due programs. They work closely with Campus Collection directorships and operations in each campus as primary contact and support for balance due.
(2) The Operations Manager is responsible for managing remote collection activities including telephone, correspondence and face-to-face transactions, following the procedures in this IRM. They oversee department, team and employee responses to taxpayer inquiries and responses concerning balances due. They oversee department, team and employee actions to resolve balance due accounts owed by taxpayers who did not full pay their tax due.
(3) The Department manager is responsible for overseeing team and employee responses to taxpayer inquires and responses concerning balances due, following the procedures in this IRM. They oversee team and employee actions to resolve balance due accounts owed by taxpayers who did not full pay their tax due.
(4) The Team manager is responsible for overseeing employee responses to taxpayer inquiries and responses concerning taxpayer delinquent return accounts and investigations, following the procedures in this IRM. They oversee employee actions to resolve balance due accounts owed by taxpayers who did not full pay their tax due.
(5) Employees who process balance due responses are responsible for responding to taxpayer inquiries and responses concerning balance due accounts, following the procedures in this IRM.
Program Management and Review
(1) Program Reviews: Operational and program reviews are conducted to ensure that case actions are in accordance with the procedures in this IRM.
(2) Program Reports: The following daily and weekly reports are generated by management, and can assist with evaluating the performance of the balance due program:
Embedded Quality Review System (EQRS) Reports.
National Quality Review System (NQRS) Reports.
Accounts Management Services (AMS) Reports.
ACS Reports.
Monthly Monitoring Report (MMR).
Work Planning & Control (WP&C) Reports.
Case Control Activity System (CCA) Reports.
Collection Activity Report (CAR).
(3) Monthly Installment Agreement Trend Report. Sourced from the CAR (CAR), CRA generates and reviews a monthly IA trend report that captures data on the various types of IAs and compares year over year data on IA inventory levels, the number of IAs initiated, default rates, full pay rates, and dollars collected. Any anomalies are identified and researched for potential causes. Negative trends are identified and causes addressed.
(4) Program Effectiveness: The program results are housed on the Collection Program and Campus Reports SharePoint site in the Monthly Monitoring Report (MMR).The MMR captures NQRS results to show monthly and cumulative stats. Evaluative (EQRS) and national (NQRS) quality reviews and consistency reviews are routinely conducted, along with Headquarters reviews to ensure case actions are timely and in accordance with the procedures in this IRM.
Phone and paper cases are routinely reviewed by Centralized Quality Review System (CQRS) and Program Analysis System (PAS) to ensure case actions are timely and in accordance with the procedures in this IRM.
Case reviews are conducted by managers to ensure compliance with this IRM.
Operational reviews are conducted by the Department and Operation Managers annually to evaluate program delivery, conformance to administrative requirements and ensure compliance with this IRM.
Headquarters Collection Policy, including CRA, will conduct ad hoc IA program reviews as necessary to verify compliance with IRM requirements, address TIGTA/GAO findings, and address any trends that appear.
Program Controls
(1) Incoming telephone calls are distributed to telephone representatives using the Unified Contact Center Environment (UCCE) system.
(2) Taxpayer responses and other inventory are loaded to AMS and then distributed to correspondence tax examiners. AMS tracks employee actions and is monitored by Operation, Department, and Front-Line managers along with Collection HQ employees.
(3) Employees should ensure that taxpayer conditions meet requirements for Streamlined or In-Business Express installment agreement processing criteria and that there are no unfiled returns. Certain case dispositions (including non-streamlined IAs, certain adjustments and currently not collectable (CNC) closures) require managerial approval.
(4) The Integrated Data Retrieval System (IDRS) programming ensures that all open balance due modules on IDRS in a notice or collection status are included when an IA is input.
(5) Independent Administrative Review is required of all rejected IA proposals, and all rejection, default and termination decisions are subject to appeal procedures.
(6) Managers are required to follow program management procedures and controls addressed in:
IRM 1.4.11, Field Assistance Guide for Managers
IRM 1.4.20, Filing & Payment Compliance Managers Handbook
(7) CP 508C and lists of Passport Certifications will be retained for 15 years from date of issuance.
Acronyms
(1) Refer to Exhibit 5.19.1-1, Acronyms and Explanations for IRM 5.19.1, for a list of acronyms.
Related Resources
(1) While many topics are touched upon in this chapter, comprehensive guidance about all of them cannot always be included here. As you use this chapter, remain alert for references to other resources, such as related IRMs and websites. Access that guidance as needed to ensure a thorough understanding of topics.
(2) Additional resources can be found as applicable in:
List of Additional Resources |
---|
IRM 2.3, IDRS Terminal Responses |
IRM 2.4, IDRS Terminal Input |
IRM 3.13.62, Media Transport and Control |
IRM 3.30.123, Processing Timeliness: Cycles, Criteria and Critical Dates |
IRM 5.19.2, Individual Master File (IMF) Return Delinquency |
IRM 5.19.3, Backup Withholding Program |
IRM 5.19.4, Enforcement Action |
IRM 5.19.5, ACS Inventory |
IRM 5.19.6, ACS Support |
IRM 5.19.8, Collection Appeal Rights |
IRM 5.19.9, Automated Levy Programs |
IRM 5.19.10, Collection Operations Transcript Processing |
IRM 5.19.11, Withholding Compliance Program |
IRM 5.19.13, Campus Procedures for Securing Financial Information |
IRM 5.19.16, Compliance Services Collection Operations (CSCO) Clerical Procedures |
IRM 5.19.17, Campus Procedures for Currently Not Collectible and Offers in Compromise |
IRM 5.19.18, Federal Employee/Retiree Delinquency Initiative (FERDI) |
IRM 5.19.19, Campus Compliance International Case Processing (CCICP) |
IRM 5.19.21, Campus Procedures for Handling Identity Theft |
IRM 5.19.22, Business Master File (BMF) Return Delinquency |
IRM 20.1, Penalty Handbook |
IRM 20.2, Interest |
IRM 21.1, Accounts Management and Compliance Services Operations |
IRM 21.2, Systems and Research Programs |
IRM 21.5.5, Unpostables |
IRM 21.6, Individual Tax Returns |
IRM 21.7, Business Tax Returns and Non-Master File Accounts |
IRM 21.10, Quality Assurance |
IRM 25.27.1, Third Party Contact Program |
Document 6209, IRS Processing Codes and Information |
(3) Employees may also find the following information helpful:
Servicewide Electronic Research Program (SERP)
Servicewide Notice Information Program (SNIP)
Correspondex Letters
Integrated Automation Technologies (IAT) Tools
Compliance Electronic Guides - (Compliance e-Guides)
Balance Due Overview
(1) Assisting taxpayers in resolving their balance due account(s) is the responsibility of all contact employees, whether speaking with a taxpayer or answering correspondence.
Note: The Internal Revenue Code provides taxpayers specific rights. The Taxpayer Bill of Rights (TBOR) groups these rights into ten (10) fundamental rights, which provide the nation’s taxpayers with a better understanding of their rights and helps reinforce the fairness of the tax system. In 2015, Congress charged the Commissioner with ensuring IRS employees are familiar with and act in accord with the taxpayer rights as afforded by the Code. IRS employees must be informed about taxpayer rights and be conscientious in the performance of their duties to honor, respect and effectively communicate those rights which may aid in reducing taxpayer burden. For additional information, see IRM 1.2.1.2.36, Policy Statement 1-236, Fairness and Integrity in Enforcement Selection, IRM 5.19.1.3.2.3, Taxpayer Advocate Service (TAS), Pub 1, Your Rights As A Taxpayer, IRC 7803(a)(3), or the TBOR at IRS.gov – Taxpayer Bill of Rights.
(2) A balance due account occurs when the taxpayer has an outstanding liability for taxes, penalties and/or interest.
(3) Balance due accounts are automatically monitored through computer analysis and placed in a specific status based on age and/or activities.
(4) As a result of computer analysis, several notices are generated to the taxpayer informing them of the balance due outstanding liability.
(5) When a taxpayer balance due inquiry is received, it is necessary to access the account. Review the account history to help the taxpayer resolve their liability.
Exception: ACS employees are not required to access an account if it meets one of the conditions for a pre-disclosure transfer described in Exhibit 5.19.1-3, ACS Call Flow
Reminder: It is important you are aware of the Master File (MF) and Collection Status Codes to determine whether you should work the account; see IRM 5.19.1.3, Referrals or Redirect.
(6) For Automated Collection System (ACS) Incoming Calls, see the Electronic Automated Collection System Guide (e-ACSG) on the Servicewide Electronic Research Project (SERP) under the IRM Supplements tab for procedures and telephone techniques to utilize in addressing all compliance issues and controlling the conversation.
(7) For Automated Collection System Support (ACSS) working correspondence, see the ACS Support e-Guide on SERP under the IRM Supplements tab for procedures in addressing all compliance issues.
(8) For Compliance Services Collection Operations (CSCO) working correspondence, see the CSCO e-Guide on SERP under the IRM Supplements tab for procedures in addressing all compliance issues.
(9) Written requests received in CSCO and ACSS Operations must be controlled within 21 days from the IRS received date in order for an interim letter to be issued timely. If a case is received from another site/operation without a control, the case must be controlled within 5 days of CSCO received date to be considered timely. GII exception prints will be considered "from another site". When a final response cannot be initiated within 30 days, an interim response will be initiated by the 30th calendar day from the IRS received date. Sites using Accounts Management System (AMS) for controlling and monitoring inventory follow AMS guidelines for case control and acknowledgment of taxpayer correspondence. If correspondence is received from a previous area after the 30 days expires and no interim letter was issued, you must send an interim letter within five business days of receipt in your area. Subsequent interims may be required if you are unable to respond as promised, see IRM 21.3.3.4.2.2, Interim Responses. Follow all other Integrated Data Retrieval System (IDRS) control procedures in IRM 21.5.1.4.2.2, Integrated Data Retrieval System (IDRS) — Control Procedures.
Exception: CSCO ONLY: For peak processing periods, the target time frame for working cases to closure and sending a final response, if required is extended to 45 days. An interim response is still required by the 30th day. (Peak processing time frames can be found in the CSCO Operating Guidelines.)
(10) All "physical" work (including IAs) closed by individual employees, must be marked for disposal when work is completed.
Exception: Streamlined IA (SIA) requests (except Direct Debit Installment Agreement (DDIA)) submitted on Form 9465, Installment Agreement Request, or other work processed in bulk through special applications, such as the Generalized IDRS Interface (GII), may be secured together in batches. Batches may be marked "Destroy" with a cover sheet.
Exception: Electronic documents are not considered "physical". Electronic documents include GII exception printouts.
(11) Throughout the IRM, all deadline dates, target dates or parameters are counted by calendar days, not business days. Start counting with the first day you notify the taxpayer (by telephone or letter), or the first day of actions taken (i.e., IDRS, AMS, etc.…), or the first day of entering follow-up items on ACS.
Example: If the calculated call-back date falls on a Saturday, Sunday or Holiday, the taxpayers call-back date will be the next business day. Remember to add an additional 4 days to your follow-up on ACS.
Example: Other follow-up time added to your deadline date are additional 15 days follow-up date for decedent cases and additional 30 days follow-up date for "generally" all others.
Example: When providing the taxpayer a deadline date, calculate the time frame leading up to the deadline by starting with the current day. The total follow-up time could include a grace period of up to 5 days.
Example: When sending a letter requesting additional information from the taxpayer, allow up to 30 days for the taxpayer to respond and 15 days for mail delivery, for a total of 45 days.
(12) An Automated Bot is a computer program, also known as a digital or virtual assistant. It can interpret and process user requests and give prompt, relevant answers, and can interact through voice, text, or user-driven guided menu picks. In December 2021, the IRS launched an Automated Chat Bot on the irs.gov “Payments” and “Additional Information on Payment Plans” web pages. An Automated Voice Bot was launched on several ACS and balance due toll free lines. These Automated Bots are offered in English and Spanish. They provide self-help options for taxpayers to resolve common collection issues including: How to make One-Time Payments, Answers to Frequently Asked Questions and Notice Clarification. Although most taxpayer interactions with the Bots are unauthenticated, authenticated Voice Bot options for qualified taxpayers to set up certain payment plans via self-service were deployed in June 2022 and additional self-service options are planned for deployment in the future.
Note: Taxpayers who request to speak/chat with a live assistor will be placed in queue for English or Spanish ACS telephone or live text chat assistance. ACS assistors should continue to follow normal procedures throughout IRM 5.19.1 , Balance Due, and IRM 5.19.5.11, ACS Text Chat and ACS Chat Bot Overview, for telephone calls and text chats escalated from the Bot.
Submitting SERP Feedback
(1) To maintain the accuracy of IRM 5.19.1, Balance Due, send corrections and change requests to Headquarters, via the SERP Feedback Application (Database). The SERP Staff forwards SERP Feedbacks to the appropriate Content Owner(s) in Headquarters for consideration of the requested IRM procedural changes. The Feedback system should not be used to ask questions that should be answered by your manager, lead or P&A staff or to rebut an employee or product review.
Note: Before you submit corrections/change requests for IRM 5.19.1, Balance Due, via the SERP Feedback Application (Database), you must consult your Lead or Manager for assistance to verify if this is a valid request for an IRM change/correction.
(2) DO NOT use the SERP Feedback Form to request changes to the following:
Letters - Use the Green Button at the Office of Taxpayer Correspondence (OTC) website. See IRM 25.13.1.2, Request for New and Revised Taxpayer Correspondence Products - Request Services Process.
Notices - Use the Green Button at the OTC website. See IRM 25.13.1.2, Request for New and Revised Taxpayer Correspondence Products - Request Services Process.
Policy, policy statements, tax law and regulations should be submitted to Headquarters through the Planning and Analysis staff at your site.
(3) Always review prior SERP Feedbacks and responses to ensure your issue has not already been addressed. See (f) below.
In all functional areas, change requests must be approved by the first line manager or designee and the responsible Planning and Analysis Analyst before submission to Headquarters. All change requests submitted by Quality Review Staff must be approved by the first line manager.
The SERP Feedback Application (Database) procedures must be followed by all field employees as well as the Quality Review Program Staff and are posted on the SERP Feedback Home page.
Before submission, re-examine the requested change(s) and cite supporting documentation. Be specific. Avoid the use of general terms such as "revise procedures". Submit only one issue/topic per SERP Feedback.
Complete all required fields on the SERP Feedback Form. The Identification field MUST be completed or the feedback will not be forwarded.
All changes are considered, but all may not be accepted. Accepted changes are published on SERP as IRM Procedural Updates (IPUs).
Determine whether your issue was previously raised. You can view responses to SERP Feedbacks via Previous Feedback Lookup by selecting IRM or topic.
Call Flow
(1) ACS Employees are required to follow Exhibit 5.19.1-3, ACS Call Flow.
Disclosure Overview: Verifying Identity of Contact Party
(1) For purposes of identification and to prevent unauthorized disclosures of tax information, follow the chart below:
If the contact is … | Then ... |
---|---|
Taxpayer | See IRM 21.1.3.2.3, Required Taxpayer Authentication. |
Taxpayers who filed jointly but are now divorced or separated | Returns and return information of individuals filing income tax returns jointly may be disclosed to either of the individuals with respect to whom the return is filed. See IRM 11.3.2.4.1, Individuals, for rules that apply for joint taxpayers who are no longer married or no longer reside in the same household. See IRM 5.19.5.4.13, ACS and Disclosure, for examples. |
Mailing and Faxing Tax Account Information | See IRM 21.1.3.9, Mailing and Faxing Tax Account Information, IRM 11.3.1.14, Facsimile (FAX), Electronic Facsimile (E-FAX), and IRS Internal Enterprise Electronic Facsimile (EEFAX) Transmission of Tax Information, IRM 21.2.3.5.5, Using Electronic Fax Services, and IRM 21.2.3.5.5.1, IRS Electronic Fax System. |
Power of Attorney (POA), Form 2848, Power of Attorney and Declaration of Representative | See IRM 11.3.3, Disclosure to Designees and Practitioners, and IRM 21.1.3.3, Third Party (POA/TIA/F706) Authentication. |
Tax Information Authorization (TIA) - Form 8821, Tax Information Authorization | See IRM 11.3.3.3, Disclosure to Third Parties Based Upon Taxpayer Request for Assistance. See IRM 11.3.3.4(1), Distinction Between Disclosure to Designees and the Conference and Practice Requirements. See IRM 11.3.3.4(2), Distinction Between Disclosure to Designees and the Conference and Practice Requirements. See IRM 21.1.3.3, Third Party (POA/TIA/F706) Authentication. Note: Refer to IRM 5.19.1.2.3.1, Instructions for Form 8821, Taxpayer Information Authorization. |
Oral Disclosure Consent | See IRM 11.3.3.3.2, Requirements for Oral Authorization. |
Parent/Guardian of Minor | See IRM 11.3.2.4.10, Minors. |
Hearing Impaired (including telecommunications device for the deaf (TDD) equipment | See IRM 11.3.2.3.2(2), Requirements for Verbal or Electronic Requests and IRM 21.2.1.56(5), Deaf/Hard of Hearing (DHOH) Callers and TTY/TDD Equipment. |
Language or Sign Interpreter | See IRM 11.3.2.3.2(2), Requirements for Verbal or Electronic Requests and IRM 21.2.1.56(5), Deaf/Hard of Hearing (DHOH) Callers and TTY/TDD Equipment. |
Checkbox Designee | See IRM 11.3.3.3.2, Requirements for Oral Authorization, and IRM 21.1.3.3.1, Third Party Designee Authentication. |
Third Party: Levy Source | See IRM 11.3.2.2, General Rules. See IRM 11.3.21.7, Disclosure by Certain Officers and Employees for Investigative Purposes - IRC 6103(k)(6) and IRM 11.3.21.14, Disclosure of Levies on Certain Government Payments - IRC 6103(k)(8). |
Third party: Lien payoff | Refer Financial institutions requesting a lien payoff/release to the Lien Unit at: 800-913-6050. See IRM 11.3.11.10, Disclosure of Amount of Outstanding Lien, and IRM 5.19.4.6.5, Lien Releases. Note: Advise taxpayers who have an IA to continue making their scheduled payments until the balance is paid. |
Third party: claiming a willingness and means to pay the balance due | See IRM 11.3.21.7, Disclosure by Certain Officers and Employees for Investigative Purposes - IRC 6103(k)(6) and IRM 11.3.21.14, Disclosure of Levies on Certain Government Payments - IRC 6103(k)(8). Note: Wage levy sources requesting a levy payoff/release must be advised to continue sending payments until a levy release is received. |
Third party requesting account balance where the Notice of Levy or ACS letter advises the taxpayer to call for a detailed calculation of penalty and/or interest. | See IRM 11.3.21.7, Disclosure by Certain Officers and Employees for Investigative Purposes - IRC 6103(k)(6) and IRM 11.3.21.14, Disclosure of Levies on Certain Government Payments - IRC 6103(k)(8). Note: Calculate and assess the restricted penalty and/or interest. See IRM 20.2.1.4, Normal and Restricted Interest, IRM 20.2.1.4.2, Manual Calculation of Interest, and IRM 21.5.6.4, Freeze Code Procedures, for additional information on the manual computation of restricted interest and updating modules. |
Third Party claiming a material interest | See IRM 11.3.2.4, Persons Who May Have Access to Returns and Return Information Pursuant to IRC 6103(e). |
Responsible Persons assessed a Trust Fund Recovery Penalty (TFRP) | See IRM 11.3.2.4.14, Trust Fund Recovery Penalties. |
Note: If making out-calls and there is a valid POA on file, you must contact the POA and not the taxpayer.
(2) When responding to balance due inquiries, document the AMS narrative with the identity of the person initiating the inquiry. See IRM 5.19.1.2.4, Documenting Account Actions.
(3) The IAT Disclosure tool assists the user in verifying the identity of a caller and determining if the caller is authorized to receive confidential tax information or represent the taxpayer.
FA employees are required to use the IAT Disclosure tool to perform required and additional taxpayer authentication when the IRM requires it. See Exhibit 21.3.4-12, Field Assistance Mandated IAT Tools.
ACS employees have the option to use AMS or the IAT Disclosure tool to perform required and additional authentication.
Exception: When transferring a call to or from a participating function, ACS employees are required to use IAT Disclosure tool to generate or validate a Transfer PIN, provided all requirements are met. See IRM 5.19.1.2.3.3 , Transfer Personal Identification Number (PIN) Generation, IRM 5.19.1.2.3.3.1 , Transfer Personal Identification Number (PIN) Acceptance, and IRM 5.19.1.2.8, Mandated IAT Tools.
(4) IRC 6304 precludes, among other things, the Service from communicating with a represented taxpayer in connection with the collection of any unpaid tax unless the taxpayer has given prior consent to that communication. In accordance with the purpose of IRC 6304, a Service employee may not work directly with a represented taxpayer to resolve an issue on the taxpayer’s account unless all three (3) conditions shown in the following table are met:
Required Conditions Before Communicating With a Represented Taxpayer ... |
---|
The taxpayer initiates the contact to resolve the issue on the account, and |
The taxpayer expresses a specific desire to resolve the issue without the involvement of the power of attorney after the Service employee has advised the taxpayer of the current representation, and |
The taxpayer’s decision to not use their representative, per Centralized Authorization File (CAF), for that tax period and work directly with the Service to resolve the issue is properly documented on AMS for each tax period affected. |
Note: See IRM 11.3.3.2.1(5), General Requirements for Disclosure to Designee of Taxpayer.
(5) See IRM 5.19.1.2.3.2 , Additional Taxpayer Authentication, when additional taxpayer authentication is necessary.
(6) If you determine that the person with whom you are speaking is being coached with the answers to the disclosure probes, you must verify if the caller is the taxpayer or someone else calling on the taxpayer’s behalf. If the caller is not the taxpayer, ask to speak to the taxpayer.
If the taxpayer is available, complete the required disclosure probes with the taxpayer. Then, secure verbal consent from the taxpayer to discuss the matter with the third party caller.
If the taxpayer is not available, advise the caller you cannot disclose any information related to the taxpayer without proper authorization. You may answer any general questions they have concerning obtaining authorization before disconnecting the call.
Reminder: IRS employees are authorized to accept a taxpayer's verbal consent to disclose return information to third parties assisting the taxpayer in resolving a tax matter. This consent may allow the third party to review return or account information for the periods specified by the taxpayer, but the third party is not authorized to act on behalf of the taxpayer (including resolving balance due cases). For additional information, see IRM 21.1.3.4, Other Third Party Inquiries, and IRM 11.3.3.3.2, Requirements for Oral Authorization.
Instructions for Form 8821, Taxpayer Information Authorization
(1) Third parties who are authorized on a Form 8821, Tax Information Authorization, may review return or account information for the specified periods on the form, but are not authorized to act on behalf of the taxpayer (including resolving balance due cases). See IRM 11.3.3.4, Distinction Between Disclosure to Designees and the Conference and Practice Requirements.
(2) Therefore, employees should not accept Form 8821, Tax Information Authorization, for balance due issues. Advise callers to submit Form 8821, Tax Information Authorization, to the appropriate CAF Unit to be listed as an authorized party to receive account information. Forms are processed within five (5) business days. Please refer to IRM 21.3.7.1.4, Processing Time Frames, for CAF processing requirements.
Exception: These procedures do not apply if either the taxpayer is on the line or the caller is authorized on a valid Form 2848, Power of Attorney and Declaration of Representative. Once the taxpayer or their authorized representative satisfies the appropriate disclosure probes per IRM 5.19.1.2.3 , Disclosure Overview: Verifying Identity of Contact Party, then assist them to resolve the balance due per the procedures in this manual.
(3) If a Form 8821 caller requests account information, advise them they may request account information using one of the following self-help methods:
Refer the caller to IRS.gove-Services - Online Tools for Tax Professionals page. Tax professionals (Circular 230 practitioners, including Attorneys, Certified Public Accountants, Enrolled Agents, and Reporting Agents) may register to use the Transcript Delivery System (TDS).
The following transcript products may be requested for individual taxpayers:
The following transcript products may be requested for business taxpayers:
See IRM 21.2.3.4, TDS Transcript Delivery Methods, for available TDS transcript delivery methods. There is no charge to use TDS.
Note: If TDS is not available, see (4) below.
Transcript Product |
---|
Account Transcripts |
Tax Return Transcripts |
Record of Account |
Wage & Income Documents |
Verification of Non-Filing Letters |
Transcript Product |
---|
Account Transcripts |
Tax Return Transcripts |
Record of Account |
(4) If the Form 8821 caller is unable to use self-help methods, (e.g., information requested is not available on transcripts or caller is ineligible to access the TDS), advise them you will transfer them to another area that can better assist them. Transfer call to the appropriate Transcript Request as follows:
IMF taxpayer:
BMF taxpayer - Employment taxes only:
BMF taxpayer - All other taxes:
Language ... | UCCE Extension ... |
---|---|
English | 1045 |
Spanish | 1021 |
Language ... | UCCE Extension ... |
---|---|
English | 1025 |
Spanish | 1031 |
Language ... | UCCE Extension ... |
---|---|
English | 1030 |
Spanish | 1031 |
(5) If the caller wants to resolve the taxpayer’s issue, inform the caller we can work with them if and when the taxpayer authorizes them to act on their behalf using Form 2848, Power of Attorney and Declaration of Representative.
Exception: Do not accept Form 2848, Power of Attorney and Declaration of Representative, from unenrolled return preparers (designation Level H) as authority to represent taxpayers for balance due issues. Unenrolled return preparers (designation Level H) may submit Form 2848, Power of Attorney and Declaration of Representative, but have limited representation authority; that authority does not include representing their clients before Collection or Appeals functions. See IRM 21.3.7.5.6(3)(c), Unenrolled Return Preparer (Level H) Representative Research, Rejections and Processing. Advise unenrolled return preparer (designation Level H) callers to submit Form 2848, Power of Attorney and Declaration of Representative, to the appropriate CAF Unit. Please refer to IRM 21.3.7.1.6, Audience-Processing Site (CAF Function).
Additional Taxpayer Authentication
(1) If a taxpayer requests account information and there is no open account issue OR a notice has not been issued on the account, then more research is needed to prevent unauthorized disclosure. Examples of open account issues could include the following:
Balance due issues
Taxpayer Delinquency Investigation (TDI)
IRS initiated correspondence
Amended return filed
(2) Issues that require additional taxpayer authentication may include:
Verbal account information other than refund status, and taxpayer does not have any open account issues or notices.
Example: Calls requesting the prior year Adjusted Gross Income (AGI).
Oral statement requests to change an address on an account without an open issue.
Note: If the taxpayer is asking for transcripts (tax account, tax return, record of account, wage and income, verification of non-filing) and you are unable to verify required authentication, advise the caller to submit Form 4506-T, Request for Transcript of Tax Form, to the appropriate Return and Income Verification Services (RAIVS) unit.
Verification of estimated tax payments on a module without a filed return can be made to the secondary taxpayer when the preceding year shows a joint return with that same secondary taxpayer and Remittance Transaction Register (RTR) shows the joint ES voucher or joint check showing the intent to make joint ES payments.
Caution: If the taxpayer is requesting verification of estimated tax payments in response to a notice received, see IRM 21.6.3.4.2.3(5), Estimated Tax (ES), for additional information.
Accounts involving ID Theft or open controls under IDT1, IDT3, IDT8, IDT9, MXEN, SCRM or SSA2. See IRM 21.1.3.2.3, Required Taxpayer Authentication.
Accounts with an MFT 32. See IRM 21.1.3.2.3, Required Taxpayer Authentication, and IRM 25.25.6.6, Non Taxpayer Protection Program (TPP) Telephone Assistors Response to Taxpayers.
(3) Perform manual research to verify the caller’s responses.
(4) When considering what probes to ask, determine which probes would most likely be known by an authorized party. Try to eliminate those that may be easily discoverable or guessed.
(5) There will be times when systemic issues may cause problems with the IAT Disclosure tool’s performance. When this occurs, ask the taxpayer to provide two or more of the following items:
IMF accounts:
BMF accounts:
Additional Authentication Probes |
---|
Filing status on return in question |
Spouse's date of birth |
Child's/children's date(s) of birth |
Amount of income reported on last return or tax due on return |
Employers shown on taxpayer's Form W-2 |
Financial institutions from taxpayer's Form 1099-INT or Form 1099-DIV |
Number of exemptions claimed on last return or on return in question |
Preparer, paid/unpaid, if any |
Expected refund amount (within $100) unless computed by IRS |
Any other verifiable items from the return/account |
Additional Authentication Probes |
---|
Federal income tax withheld/Social Security wages (Form 941) |
Gross receipts or sales/Taxable income (Form 1120) |
Total assets/Total liabilities (Form 990) |
Any other verifiable items from the return/account |
Transfer Personal Identification Number (PIN) Generation
(1) ACS employees are required to use the IAT Disclosure tool to generate a four (4) digit transfer personal identification number (PIN) to the taxpayer if the call must be transferred for further action to a participating function, provided the TIN has been secured and requirements below are met. See Exhibit 5.19.1-3, ACS Call Flow.
Exception: If the TIN is not secured, use of the IAT Disclosure tool is not required to generate a four (4) digit transfer PIN.
(2) Employees should refer to the Telephone Transfer Guide under the Taxpayer Authentication (Transfer) PIN to determine whether they will be transferring the taxpayer to a function that participates in the transfer PIN process. Use of the transfer PIN will help the taxpayer avoid repeating the full disclosure process with the next assistor(s) on a transferred call, while ensuring that appropriate disclosure procedures were followed.
(3) When you have completed required authentication (per IRM 5.19.1.2.3 , Disclosure Overview: Verifying Identity of Contact Party, and as appropriate, IRM 5.19.1.2.3.2 , Additional Taxpayer Authentication) and determine it is necessary to transfer the call to another assistor:
Press the "Generate Transfer PIN" button located on the IAT Disclosure tool. This will cause the tool to create and display a four (4) digit transfer PIN.
The IAT Disclosure tool will input a history item on CC ENMOD to display the transfer PIN number for the next assistor to verify after you transfer the phone call.
Provide the transfer PIN to the taxpayer. Ask the taxpayer to repeat it back to you.
Instruct the taxpayer to provide their name and TIN to the next assistor, and then to inform them of the four (4) digit transfer PIN.
Explain that the transfer PIN is good only for this call, and any subsequent transfers that result from this call.
Transfer the call to the appropriate application.
(4) The transfer PIN process is not valid for authentication done for any third party contact, including:
Power of Attorney (IRM 21.1.3.3, Third Party Authentication (POA/TIA/F706)),
Taxpayer Information Authorization (IRM 21.1.3.3, Third Party Authentication (POA/TIA/F706)),
Third Party Designee (IRM 21.1.3.3.1, Third Party Designee Authentication), or
Oral Disclosure Consent (IRM 21.1.3.3.2, Oral Disclosure Consent/Oral TIA (Paperless F8821).
(5) See IRM 21.1.3.2.5, Initial Authentication Transfer Procedures/Transfer PIN.
Transfer Personal Identification Number (PIN) Acceptance
(1) Taxpayers may inform an IRS assistor they have a four (4) digit transfer PIN provided by the previous IRS assistor. When this occurs, ACS assistors must ask for the:
Taxpayer’s name and TIN,
Transfer PIN,
Caller’s name, and
Purpose of the call.
Caution: The Transfer PIN may only be used by taxpayers. If a third party attempts to use a Transfer PIN, do not accept it. Instead see paragraph (6) below.
(2) Input the taxpayer’s TIN into the IAT Disclosure tool. If you are able to verify the four (4) digit transfer PIN provided by the taxpayer on the IAT Disclosure tool, you are considered to have met full disclosure per IRM 21.1.3.2.3, Required Taxpayer Authentication, as well as IRM 21.1.3.2.4 , Additional Taxpayer Authentication, when required.
Caution: At this time, the transfer PIN is only good on an Individual Master File (IMF) to IMF transfer or a Business Master File (BMF) to BMF transfer within the same TIN. The taxpayer is only validated on the TIN that holds the transfer PIN.
(3) If you are not able to verify the transfer PIN through the IAT Disclosure tool, apologize to the taxpayer and resume normal disclosure procedures found in IRM 21.1.3.2.3, Required Taxpayer Authentication.
Reminder: CC ENMOD history will reflect four (4) digit transfer PIN(s) previously issued, along with the date of issuance. If CC ENMOD history shows that the PIN was provided on a previous day, apologize to the taxpayer and explain that the transfer PIN is no longer valid. Continue normal disclosure procedures. See IRM 21.1.3.2.3, Required Taxpayer Authentication.
(4) The transfer PIN process is only valid on the initial call, including multiple transfers for the same call. The transfer PIN expires at the end of the call which generated it.
(5) The transfer PIN process covers only required taxpayer authentication in IRM 21.1.3.2.3, Required Taxpayer Authentication, as well as IRM 21.1.3.2.4, Additional Taxpayer Authentication, when required.
(6) The transfer PIN process is not valid for third party contact. See IRM 5.19.1.2.3.3 (5), Transfer Personal Identification Number (PIN) Generation.
(7) See IRM 21.1.3.2.5, Initial Authentication Transfer Procedures/Transfer PIN, and IRM 21.1.3.2.6, Accepting Transferred Calls When the Taxpayer Provides a 4-Digit Transfer PIN.
Documenting Account Actions
(1) Whenever you work a case, you are required to document actions taken on taxpayer's accounts.
Add a complete narrative history for ALL account accesses including all cross-referenced IMF and BMF accounts,
Identify whom the contact is with, such as the taxpayer or their representative. See the table under IRM 21.1.3.20.2(2), Oral Statement Documentation Requirements.
Document actions taken on taxpayer's accounts, as well as any actions promised by the taxpayer or their representative. Be sure to annotate the date the promised action is to occur.
Include results of tools utilized to determine IA amounts such as from the Integrated Automation Technologies (IAT) Compliance Suite Payment Calculator, Return Delinquency results from IAT, and Reasonable Cause Assistor (RCA) etc.
Reminder: Document AMS when transferring call.
(2) All documentation must be done via AMS, using available checklists, or by adding an appropriate issue and narrative. All documentation should be, to the extent possible, completed while the taxpayer is on the phone.
Note: While working paper inventory, if AMS is unavailable, and the case type can be worked to completion via IDRS, work the case on IDRS. When AMS is available, close the AMS control and note AMS: "Case worked on IDRS, AMS down".
Note: For ACS and ACSS see IRM 5.19.5, ACS Inventory.
Exception: Cases worked through GII. GII does not have the capability to interact with AMS.
(3) Complete and accurate case documentation promotes quality and consistency in working balance due cases. History entries should contain enough information so that any person subsequently reading the history can easily determine what decisions were made, why those decisions were made, what actions were taken and what further actions are required to resolve the case.
(4) Do not use the term "Illegal Tax Protester" (ITP) or similar designations on IDRS, ACS History Codes, or AMS comments. The Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98), IRC 3707, prohibits the use of any "tax protester" or similar designation to describe the taxpayer. If you identify any such reference, immediately inform your manager. You can document that the taxpayer has submitted correspondence or used arguments that appear frivolous or subject to penalty. Terms such as "frivolous argument" or "tax avoidance argument" are examples of acceptable terms to use.
Example: It is not acceptable to document a case with, "Taxpayer is constitutionally-challenged." However, it is acceptable to document a case with, "Taxpayer’s correspondence contains a statement(s) challenging the constitutionality of tax laws."
Example: It is not acceptable to document a case with, "Taxpayer is a protestor." However, it is acceptable to document a case with, "Taxpayer made statements regarding their position on tax laws that have been found frivolous by the courts."
Balance Due Outgoing Correspondence Guidelines
(1) A quality product or response is accurate, timely, and addresses all issues based on the information the taxpayer provided.
(2) Responses must:
Address all taxpayer issues,
Request additional information, if needed, from the taxpayer,
Notify the taxpayer if additional information is needed from outside the Service, and
Be written in plain English (or Spanish, if applicable).
(3) Final response to taxpayer(s) must be initiated by the 30th day from the earliest IRS received date, unless the taxpayer has received an interim contact or interim contact letter has been initiated from us by the 30th day.
(4) Only correspondence received from the taxpayer requesting research, information, or action to his/her account must be answered.
(5) Providing the taxpayer with their current balance due in outgoing correspondence is not required when the taxpayer has made an inquiry such as a request to make payments or where resolution of their balance is being made.
Note: Ensure the taxpayer is aware that penalties and interest will continue to accrue and how they are being assessed.
(6) When a payment agreement requires confirmation by letter, provide the address for the CSCO campus with jurisdiction for both the return address and payment address. Do not provide a lockbox address in any "C" letters. Lockbox will only process payments with the CP 521, Installment Agreement Reminder Notice, or CP 523, Installment Agreement Default Notice.
(7) Occasionally a Service processing error results in an incorrect or unnecessary letter (Letter 2645C, Interim Letter). In such instances, acknowledge the error and include an appropriate apology as part of explanatory correspondence to taxpayer (such as Letter 0544C, Apology for IRS Error). Include a notation on AMS that you apologized for a service error on a particular date.
Exception: The requirement to send an apology letter when an interim letter is erroneously issued is temporarily rescinded. As a result, neither ACSS nor CSCO is required to address erroneously sent interim letters (such as Letter 2644C, Second Interim Response, or Letter 2645C, Interim Letter) when a taxpayer’s account is closed during this period due to previous actions. A history should be input on AMS stating that the case was closed no action and that no apology letter was issued.
(8) The following information should be included in outgoing balance due correspondence addressing IA issues:
Cause and Cure,
Penalties and interest continue to accrue and how they are calculated,
The CSCO campus with jurisdiction mailing address on SERP under Who/Where tab, Collection Pmts/Add/Issues,
Check annotation,
Appropriate forms (or directions to obtain online),
Any refunds due will be applied to the balance due until paid in full,
Appropriate telephone number,
Envelopes,
Ensure payments are mailed ten days prior to the due date, and
User Fee and eligibility for reduction and possible waiver or reimbursement in User Fee, if certain conditions apply.
Note: If the IA will include Individual Shared Responsibility Payment (SRP) balances under the Affordable Care Act (ACA), include a paragraph that provides taxpayer information about their Individual SRP. See IRM 5.19.1.5.16.1.1, Standalone SRP.
(9) Regular IA requests per IRM 5.19.1.6.4.12, Input of IA, should include the following:
Terms of the IA, which include the monthly payment and due date,
Inform the taxpayer they will receive a monthly reminder notice,
If you are adding a pending liability to a current IA, you must include a paragraph in the letter advising the taxpayer a bill is issued when the tax is assessed, as required by law, but no collection action is taken once we input the IA and no response to the notice is required, and
All information listed in paragraph (8) above, a) through j).
(10) DDIA requests, IRM 5.19.1.6.4.13.1, DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request, should include the following:
Terms of the DDIA, including the start date,
Exception: The DDIA confirmation letter is not required to include the first payment date when establishing a pre-assessed DDIA. This is because the DDIA cannot begin until the return is assessed. See IRM 5.19.1.6.4.15(13), Pre-Assessed IA Requests.
Advise the taxpayer monthly reminder notices are not issued on DDIAs. Advise the taxpayer to keep their records up to date to avoid a default of their IA,
If the DDIA is pre-assessed, inform the taxpayer that their deductions will not begin until after they receive their first notice of balance due,
If the taxpayer's request does not include necessary information to establish a DDIA, notify the taxpayer a DDIA could not be established due to insufficient information and they are required to send in their monthly payments until we receive complete information to establish the DDIA,
User fee and eligibility for reduction and possible waiver or reimbursement of the User Fee, if certain conditions apply, and
Also include information listed in paragraph (8) a) through d), and f) through j) above.
(11) Payroll Deduction Installment Agreement (PDIA) requests IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement, should include the following:
Inform the taxpayer the PDIA is established and payments will continue to be made until the account is full paid,
Inform the taxpayer that even though the payments are being sent by their employer, they will receive a monthly reminder notice for their records,
If the taxpayer's request does not include the necessary information to establish a PDIA, notify the taxpayer a PDIA could not be established due to insufficient information and they are required to send in their monthly payments until we receive complete information to establish the PDIA,
Note: Clearly explain what information was insufficient when corresponding with the taxpayer.
Inform the taxpayer the IRS will inform the employer when their account has been full paid,
Inform the taxpayer it is their responsibility to advise us in any changes to their employment,
User fee and eligibility for reduction and possible waiver or reimbursement of the User Fee, if certain conditions apply, and
Include information listed in paragraph (8) a) through j) above.
(12) Up to 180 day Short Term Payment Plan, IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days, should include the following:
Inform the taxpayer of the balance due with penalties and interest figured to the payoff date,
Exception: On unassessed balances, inform that taxpayer that we accept their request for a Short Term Payment Plan but cannot provide them with a payoff amount. Advise the taxpayer within 6 to 8 weeks they will receive a balance due notice. At that time, they should contact our office for a payoff amount.
Request missing returns, if applicable, and
Include information listed in paragraph (8) a) through d), and f) through i) above.
(13) All other issues should be handled accordingly and address the taxpayer's requests and concerns.
(14) If multiple issues are involved, select the letter that best addresses the main issue. Use open paragraphs to address any additional IRS or taxpayer issues.
Note: When an open paragraph is used, a manager or lead should approve the paragraph for content, spelling and grammar.
(15) When letters are generated through GII programs, acknowledgement of payment made with a request is not required. Appropriate Return Address codes have been approved and do not follow paragraph (6) above or IRM 5.19.1.2.7, Ways to Make Payments.
(16) For a complete list of Correspondex letters go to SERP under Forms/Letters/Pubs.
Case Processing Authority Levels
(1) This section provides the authority levels for case processing by the type of disposition for each functional area.
(2) For specific guidance on what is required prior to disposition of case, employees must follow the procedures in the appropriate IRM section or subsection.
(3) For balances over the business unit dollar criteria, see IRM 5.19.1.4.1, Account Actions on Referrals/Redirects.
(4) If pre-assessed/unassessed taxes are included, the pre-assessed/unassessed liability plus unpaid balance of assessments (CC SUMRY) must be within the applicable dollar criteria shown.
(5) For In-Business Trust Fund accounts, employees in CSCO, FA, ACS and ACSS are only authorized to establish IBTF Express Agreements. See IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement, and IRM 5.19.1.6.4.2.1, Lump Sum Payment for IBTF Express ONLY.
(6) All employees are required to secure managerial approval when appropriate, as directed by specific IRM procedures.
Tolerance and Deferral - All Employees
(1) Tolerance: The following accounts may be closed as CNC (cc 09), tolerance without further action, where the aggregate unpaid balance, including accruals, is less than ≡ ≡ ≡ ≡:
IMF (except MFT 55 - ≡ ≡ ≡)
BMF (except MFT 13 - ≡ ≡ ≡ ≡)
NMF
IRAF
Note: If Individual SRPs are included with other MFT 30 or MFT 31 modules on an account that meets tolerance criteria, close all modules as CNC (cc 09).
(2) Deferral: There are instances throughout the IRM where you are required to apply deferral levels (aggregate assessed balance (AAB) plus accruals) to determine the next appropriate action. Refer to the following for a list of MF types and deferral amounts:
IMF - ≡ ≡ ≡ ≡, (except MFT 55 - ≡ ≡ ≡)
BMF - ≡ ≡ ≡ ≡ ≡, (except MFT 13 - ≡ ≡ ≡ ≡ ≡)
NMF - ≡ ≡ ≡, (except ≡ ≡ ≡ ≡ for NMF accounts on telephone excise tax when the SSN is determined)
Individual Retirement Account File (IRAF) - ≡ ≡ ≡
Short Term Payment Plans
(1) The following sections provide the dollar authority levels and duration of Short Term Payment Plans by business unit:
Field Assistance employees - IRM 5.19.1.2.6.2.1, Short Term Payment Plans - Field Assistance, FA, Employees.
CSCO employees - IRM 5.19.1.2.6.2.2, Short Term Payment Plans - CSCO Employees.
ACS and ACSS employees - IRM 5.19.1.2.6.2.3, Short Term Payment Plans - ACS and ACSS Employees.
Short Term Payment Plans - Field Assistance, FA, Employees
(1) FA employees are subject to the following limitations for the specific case types mentioned.
(2) Short Term Payment Plans - IMF & OOB Sole Proprietors:
When: | Dollar Criteria: | Duration: |
---|---|---|
All balance due modules in Notice Status or in ST 22 or ST 24, | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ or less, | No more than 180 days total (including previous Short Term Payment Plans, if previously granted). |
(3) For criteria and procedures for Short Term Payment Plans, see IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days.
If the taxpayer’s AAB exceeds FA authority shown above, follow procedures in IRM 5.19.1.4.1.3, Account Actions on Referral/Redirect - FA Employees, to transfer the account to the appropriate function.
If the taxpayer cannot full pay their balance within 180 days, or otherwise does not qualify for a Short Term Payment Plan, the taxpayer should consider an IA. See IRM 5.19.1.2.6.3, Installment Agreements, and IRM 5.19.1.6.4, Installment Agreements (IAs).
Short Term Payment Plans - CSCO Employees
(1) CSCO employees are subject to the following limitations for the specific case types mentioned.
Reminder: Follow normal processing procedures when working FERDI accounts. See IRM 5.19.18.4, FERDI General Case Processing Overview.
(2) Short Term Payment Plans - IMF & OOB Sole Proprietors:
When: | Dollar Criteria: | Duration: |
---|---|---|
Account includes onlyNotice Status balance due modules, | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ ≡ and less, | No more than 180 days total (including previous Short Term Payment Plans, if previously granted). |
Reminder: Notice Status accounts in CSCO that update to ST 22 due to CC STAUP not input or updated timely will be worked by CSCO. See Note in IRM 5.19.1.3.5(1), For Other Account Issues Requiring Referrals or Redirect.
(3) Short Term Payment Plans - BMF In-Business No Trust Fund:
When: | Dollar Criteria: | Duration: |
---|---|---|
Account includes onlyNotice Status balance due modules, | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ ≡ ≡ or less, | No more than 180 days total (including previous Short Term Payment Plans, if previously granted). |
Reminder: Notice Status accounts in CSCO that update to ST 22 due to CC STAUP not input or updated timely will be worked by CSCO. See Note in IRM 5.19.1.3.5(1), For Other Account Issues Requiring Referrals or Redirect.
(4) For criteria and procedures for Short Term Payment Plans, see IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days.
If the taxpayer’s AAB exceeds CSCO authority shown above, follow procedures in IRM 5.19.1.4.1.2, Account Actions on Referral/Redirect - CSCO Employees, to transfer the account to the appropriate function.
If the taxpayer cannot full pay their balance within 180 days, or otherwise does not qualify for a Short Term Payment Plan, the taxpayer should consider an IA. See IRM 5.19.1.2.6.3, Installment Agreements, and IRM 5.19.1.6.4, Installment Agreements (IAs).
Short Term Payment Plans - ACS and ACSS Employees
(1) ACS and ACSS employees are subject to the following limitations for the specific case types mentioned.
Note: FERDI accounts are worked by specific ACS call sites. See IRM 5.19.1.3.4.3.5, ACS FERDI Issues, and IRM 5.19.18.4, FERDI General Case Processing Overview.
(2) Short Term Payment Plans - IMF & OOB Sole Proprietors:
When: | Dollar Criteria: | Duration: |
---|---|---|
All balance due modules in Notice Status, ST 22, and/or 24, | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ ≡ ≡ or less, | No more than 180 days total (including previous Short Term Payment Plans, if previously granted). |
(3) Short Term Payment Plans - BMF In-Business No Trust Fund:
When: | Dollar Criteria: | Duration: |
---|---|---|
All balance due modules in Notice Status, ST 22, and/or 24, | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ ≡ ≡ or less, | No more than 180 days total (including previous Short Term Payment Plans, if previously granted). |
(4) For criteria and procedures for Short Term Payment Plans, see IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days.
If the taxpayer’s AAB exceeds ACS/ACSS authority shown above, follow procedures in IRM 5.19.1.4.1.1, Account Actions on Referral/Redirect - ACS and ACSS Employees, to transfer the account to the appropriate function.
If the taxpayer cannot full pay their balance within 180 days, or otherwise does not qualify for a Short Term Payment Plan, the taxpayer should consider an IA. See IRM 5.19.1.2.6.3, Installment Agreements, and IRM 5.19.1.6.4, Installment Agreements (IAs).
Installment Agreements
(1) For some installment types the dollar authority level and duration of the IA are the same for all business units. See IRM 5.19.1.2.6.3.1, Installment Agreements - All Employees, for the dollar authority level and duration for the following types of IAs:
Guaranteed
Streamlined Installment Agreement (SIA) $25,000 and under
In-Business Trust Fund (IBTF)
(2) The following sections provide the dollar authority levels and duration of IAs by business unit for SIA Over $25,000, Non-Streamlined Installment Agreements - (NSIA), and Partial Pay Installment Agreement, (PPIA).
Field Assistance employees - IRM 5.19.1.2.6.3.2, Installment Agreements - Field Assistance Employees.
CSCO employees - IRM 5.19.1.2.6.3.3, Installment Agreements - CSCO Employees.
ACS and ACSS employees - IRM 5.19.1.2.6.3.4, Installment Agreements - ACS and ACSS Employees.
Note: See Exhibit 5.19.1-13, Installment Agreement Table, which provides a summary of the various IAs.
(3) All employees are required to secure managerial approval when appropriate, as directed by specific IRM procedures.
Installment Agreements - All Employees
(1) All employees are subject to the following limitations for the specific case types mentioned below.
(2) Guaranteed IAs - IMF Only:
Dollar Criteria | Duration of IA |
---|---|
$10,000 and less tax only (excludes P&I) | 36 months (will full pay within CSED) |
Note: For criteria and procedures for Guaranteed IAs, see IRM 5.19.1.6.4(8), Installment Agreements.
(3) SIAs $25,000 and under and the type of entity is:
IMF
OOB Sole Proprietor
BMF Non-Trust Fund:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is $25,000 or less, |
whichever comes first. |
Note: For criteria and procedures for SIAs $25,000 and under, see IRM 5.19.1.6.4(9), Installment Agreements.
Note: See IRM 5.19.1.6.8, Online Payment Agreements (OPA).
(4) IBTF Express Agreements:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is $25,000 or less, | Earlier of 24 months or before CSED. |
Note: For criteria and procedures for IBTF Express Agreements, see IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
Installment Agreements - Field Assistance, FA, Employees
(1) FA employees are subject to the following limitations for the specific case types mentioned.
(2) Streamlined IAs over $25,000 - IMF and OOB Sole Proprietors:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is between $25,001 and $50,000, |
whichever comes first. |
(3) NSIAs - IMF & OOB Sole Proprietors:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ or less. | The agreement will be fully paid prior to the CSED. |
(4) PPIAs - IMF & OOB Sole Proprietors:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ or less, | Will not full pay within the CSED. |
(5) For criteria and procedures for IAs, see IRM 5.19.1.6.4, Installment Agreements (IAs), IRM 5.19.1.6.5, PPIA.
If the taxpayer’s AAB exceeds FA authority shown above, follow procedures in IRM 5.19.1.4.1.3, Account Actions on Referral/Redirect - FA Employees, to transfer the account to the appropriate function.
Installment Agreements - CSCO Employees
(1) CSCO employees are subject to the following limitations for the specific case types identified below.
Reminder: Follow normal processing procedures when working FERDI accounts. See IRM 5.19.18.4, FERDI General Case Processing Overview.
(2) Streamlined IAs over $25,000 - IMF and OOB Sole Proprietors:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is between $25,001 - $50,000, |
whichever comes first. |
(3) NSIAs - IMF & OOB Sole Proprietors:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ ≡ ≡ or less, | The agreement will be fully paid prior to the CSED. |
(4) PPIAs - IMF & OOB Sole Proprietors:
Dollar Criteria | Duration of IA |
---|---|
AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ or less, | Will not full pay within the CSED. |
(5) For criteria and procedures for IAs, see IRM 5.19.1.6.4, Installment Agreements (IAs), IRM 5.19.1.6.5, PPIA.
If the taxpayer’s AAB exceeds ACS/ACSS/CSCO authority shown above, follow procedures in IRM 5.19.1.4.1.2, Account Actions on Referral/Redirect - CSCO Employees, to transfer the account to the appropriate function.
Installment Agreements - ACS and ACSS Employees
(1) ACS and ACSS employees are subject to the following limitations for the specific case types identified below.
Note: FERDI accounts are worked by specific ACS call sites. See IRM 5.19.1.3.4.3.5, ACS FERDI Issues, and IRM 5.19.18.4, FERDI General Case Processing Overview.
(2) Streamlined IAs over $25,000:
Entity | Dollar Criteria | Duration of IA |
---|---|---|
IMF and OOB Sole Proprietor | AAB (CC SUMRY) is between $25,001 and $50,000, |
whichever comes first. |
(3) NSIAs:
Entity | Dollar Criteria | Duration of IA |
---|---|---|
IMF and OOB Sole Proprietor | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ or less, | The agreement will be fully paid prior to the CSED. |
(4) PPIAs:
Entity | Dollar Criteria | Duration of IA |
---|---|---|
IMF and OOB Sole Proprietor | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ or less, | Will not full pay within the CSED. |
(5) For criteria and procedures for IAs, see IRM 5.19.1.6.4, Installment Agreements (IAs), IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement, IRM 5.19.1.6.5, PPIA.
If the taxpayer’s AAB exceeds ACS/ACSS authority shown above, follow procedures in IRM 5.19.1.4.1.1, Account Actions on Referral/Redirect - ACS and ACSS Employees, to transfer to the field.
Financial Analysis, Verification and Substantiation
(1) This section provides the dollar authority levels, by disposition type, for financial analysis, verification and substantiation requirements.
(2) Employees must refer to IRM 5.19.13, Campus Procedures for Securing Financial Information, for Financial Analysis, Verification and Substantiation procedures.
Financial Analysis, Verification and Substantiation - All Employees
(1) The table below provides guidance to all employees for when financial analysis is needed and when it is necessary to verify and obtain substantiation, by account balance and disposition type:
Dollar Criteria: | Disposition | Financial Analysis needed? |
---|---|---|
Less than ≡ ≡ ≡ ≡ ≡ ≡ (AAB (CC SUMRY) plus accruals) (IMF) | CNC | No |
AAB (CC SUMRY) is between ≡ ≡ ≡ ≡ — ≡ ≡ ≡ ≡ ≡ | PPIA & CNC | Yes, see IRM 5.19.13, Campus Procedures for Securing Financial Information |
Tax only (excludes P&I) up to $10,000 (Must meet requirements in IRM 5.19.1.6.4(8), Installment Agreements (IAs)) | Guaranteed IA | No |
AAB (CC SUMRY) is $25,000 or less, | SIA $25,000 and under | No |
Financial Analysis, Verification and Substantiation - Field Assistance, FA, Employees
(1) The table below provides guidance to FA employees for when financial analysis is needed and when it is necessary to verify and obtain substantiation, by account balance and disposition type.
(2) SIAs over $25,000 - IMF and OOB Sole Proprietors:
Dollar Criteria: | Financial Analysis needed? |
---|---|
AAB (CC SUMRY) between $25,001 and $50,000, | No |
(3) Expanded IAs: (Expanded IAs are no longer applicable per changes to NSIAs.)
(4) NSIAs - IMF & OOB Sole Proprietors:
Dollar Criteria: | Financial Analysis needed? |
---|---|
AAB (CC SUMRY) is $100,000 or less, | No, but:
|
(5) PPIAs - IMF & OOB Sole Proprietors:
Dollar Criteria: | Financial Analysis needed? |
---|---|
AAB (CC SUMRY) is $100,000 or less, | Yes, see IRM 5.19.13, Campus Procedures for Securing Financial Information |
Financial Analysis, Verification and Substantiation - CSCO Employees
(1) The tables below provide guidance to CSCO employees for when financial analysis is needed and when it is necessary to verify and obtain substantiation, by account balance and disposition type
(2) SIA over $25,000 - IMF and OOB Sole Proprietors:
Dollar Criteria: | Financial Analysis needed? |
---|---|
AAB (CC SUMRY) between $25,001 and $50,000, | No |
(3) Expanded IAs: (Expanded IAs are no longer applicable per changes to NSIAs.)
(4) NSIAs - IMF & OOB Sole Proprietors:
Dollar Criteria: | Financial Analysis needed? |
---|---|
AAB (CC SUMRY) is $250,000 or less, | No, but:
|
Note: See IRM 5.19.1.6.4(12), Installment Agreements, for specific guidance.
(5) PPIAs - IMF & OOB Sole Proprietors:
Dollar Criteria: | Financial Analysis needed? |
---|---|
AAB (CC SUMRY)is $250,000 or less, | Yes, see IRM 5.19.13, Campus Procedures for Securing Financial Information. |
Note: See IRM 5.19.1.6.4(13), Installment Agreements, for specific guidance.
Financial Analysis, Verification and Substantiation - ACS and ACSS Employees
(1) The tables below provide guidance to ACS and ACSS employees for when financial analysis is needed and when it is necessary to verify and obtain substantiation, by account balance and disposition type.
(2) SIA over $25,000:
Entity | Dollar Criteria: | Financial Analysis needed? |
---|---|---|
IMF and OOB Sole Proprietor | AAB (CC SUMRY) between $25,001 and $50,000, | No |
(3) NSIAs:
Entity | Dollar Criteria | Financial Analysis needed? |
---|---|---|
IMF and OOB Sole Proprietor | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ ≡ or less, | No, but:
|
IMF and OOB Sole Proprietor | AAB (CC SUMRY) is more than ≡ ≡ ≡ ≡ ≡ ≡ but less than ≡ ≡ ≡ ≡ ≡ ≡, | Yes, see IRM 5.19.13, Campus Procedures for Securing Financial Information. |
Note: See IRM 5.19.1.6.4(12), Installment Agreements, for specific guidance.
(4) PPIAs:
Entity | Dollar Criteria | Financial Analysis needed? |
---|---|---|
IMF and OOB Sole Proprietor | AAB (CC SUMRY) is ≡ ≡ ≡ ≡ ≡ or less, | Yes, see IRM 5.19.13, Campus Procedures for Securing Financial Information. |
Note: See IRM 5.19.1.6.4(12), Installment Agreements, for specific guidance.
Ways to Submit Payments
(1) There are several electronic payment options available for individuals and businesses inquiring about paying a balance, whether it is payment in full or a monthly IA. When speaking with taxpayers, encourage them to use one of the electronic payment options. There are numerous advantages to using one of the electronic payment methods, such as:
Ensuring payments are received timely,
Saving postage costs, and
In the case of IAs, reducing the burden of mailing monthly payments.
Reminder: Taxpayers who enter into DDIAs are subject to lower user fees. Also, low-income taxpayers who meet the Bipartisan Budget Act (BBA) of 2018 criteria and who agree to make electronic payments through a debit instrument by entering into a DDIA will have their user fee waived. See IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview.
(2) Taxpayers can make payment(s) by check or money order. See IRM 5.19.1.2.7.1, Taxpayer Responsibilities - When Submitting Payments by Check or Money Order, for information to provide to those taxpayers who will not be using an electronic payment option to submit payment(s).
(3) Taxpayers inquiring about paying an IMF balance should be encouraged to use IRS Direct Pay. Emphasize that it is a free, secure, quick, and easy way to make payments towards their IMF balance. Taxpayers may access IRS Direct Pay by typing "Direct Pay" into the IRS.gov search field and clicking the resulting links.
An overview of IRS Direct Pay inquiries can be found in IRM 21.2.1.48.2, IRS Direct Pay.
Information on IRS Direct Pay inquiries can be found in IRM 21.2.1.48.2.1, Responding to IRS Direct Pay Inquiries.
For inquiries regarding notification of an unsuccessful Direct Pay, see IRM 21.2.1.48.2.2, Inquiries Regarding Unsuccessful Direct Pay Payments.
(4) Taxpayers may use credit or debit cards to make payments, by phone or internet. See IRM 21.2.1.48.6, Credit or Debit Card Payments (Pay by Phone or Internet).
Note: Taxpayers who e-file can file a balance due return and make a credit or debit card payment, if the tax preparation software used supports this payment option. See IRM 21.2.1.48.5, Payment by Credit or Debit Card (Integrated e-file and e-pay).
(5) The IRS offers an official smartphone app IRS2Go that provides easy access to mobile-friendly payment options like Direct Pay, offering taxpayers a free, secure way to pay directly from your checking or savings account. Taxpayers can also use the app to make a debit or credit card payment through an approved payment processor for a fee.
(6) IRS PayNearMe is a payment option available to taxpayers through IRS PayNearMe and participating retail stores. It is a secure walk up cash payment method that converts cash payments to electronic transactions. It utilizes a barcode and retail locations to complete the transactions. See IRM 21.2.1.60, IRS PayNearMe - Paying with Cash at a Retail Partner.
(7) EFTPS is a system designed to utilize Electronic Funds Transfer (EFT) to pay all federal taxes. See IRM 21.5.7.4.7.14, Electronic Federal Tax Payment System (EFTPS). EFTPS has the ability to schedule payments up to twelve months in advance for individual taxpayers and up to four months in advance for business taxpayers.
Note: The taxpayer must initiate payments by sending instructions to EFTPS. See IRM 21.2.1.47, Electronic Federal Tax Payment System (EFTPS).
Note: If the taxpayer wants to make a payment using EFTPS, advise them to follow these steps in order to have the payment correctly applied to MFT 31:
Select the payment tab.
Select the drop down menu on "Select Tax Form"
From the drop down menu, select "1040 Separate Assessment / Innocent Spouse"
(8) Some taxpayers may opt to submit their monthly IA payments through a payroll deduction or a direct debit agreement. Depending on the type of IA and amount owed, some taxpayers may be required to submit their payments through either a payroll deduction or a direct debit.
A PDIA is an IA whereby a taxpayer authorizes their employer to send a specific amount to the IRS each pay period. See IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement.
A DDIA is an IA where a taxpayer authorizes the IRS to request an electronic transfer of funds from their checking account or shared draft account to the IRS and is withdrawn on the same date every month. See IRM 5.19.1.6.4.13, DDIA.
Taxpayer Responsibilities - When Submitting Payments by Check or Money Order
(1) Advise the taxpayer, orally or in writing, to annotate all payments with the following:
Make the check or money order payable to "United States Treasury".
The taxpayer name and address.
The SSN or EIN (specify the primary TIN on the account).
Day time telephone number.
Tax form(s) to which the payment applies.
Tax period(s) to which the payment applies.
(2) Refer to the following table when the taxpayer is making a payment intended for one of the following MFTs. This will help ensure the payments are correctly applied to the taxpayer’s account.
If the taxpayer is making a payment intended for an ... | Then advise the taxpayer to notate the memo section with … |
---|---|
MFT 13 | "CVPN" after their TIN and "MFT 13" |
MFT 29 | "IRA" after their TIN and "MFT 29" |
MFT 31 | "PTNL" after their TIN and "MFT 31" |
MFT 35 | "SRP" after their TIN and "MFT 35" |
MFT 55 | "CVPN" after their TIN and "MFT 55" |
MFT 65 | "PTNL" after their TIN and "MFT 65" |
(3) Always encourage the taxpayer, orally or in writing, to use the following:
Tear-off stub on the notice.
Pre-addressed envelope.
Note: Advise the taxpayer to mail payments at least ten days in advance of the due date, even if CP 521, Installment Agreement Reminder Notice, is not received.
(4) Provide the taxpayer, orally or in writing, the appropriate campus address to mail the payment without CP 521, Installment Agreement Reminder Notice, or CP 523, Installment Agreement Default Notice. See the SERP, Who/Where for the Campus Addresses for Payments.
Caution: Lockbox Bank address payments are accompanied by a CP 521, Installment Agreement Reminder Notice, or CP 523, Installment Agreement Default Notice. Do Not provide Lockbox Bank addresses verbally or via Correspondex letters.
Mandated IAT Tools
(1) This section provides information on mandated IAT tools.
(2) IAT provides tools that simplify research, reduce keystrokes, eliminates repetitive typing, and increases the accuracy of regular work processes.
(3) IAT uses IDRS to gather and submit data. If IDRS is down, or a Command Code (CC) is unavailable, IAT will not function, or may function improperly.
Note: The IAT Tool Manager (ITM) is installed via the IAT website. Employees’ access to IAT tools is controlled by the CCs in their IDRS profile. If an IAT Tool is missing from your ITM, review your IDRS profile to verify you have the CC(s) required for the tool.
(4) Visit the IAT Website to:
Research IAT Job Aids, including tool descriptions,
Subscribe to the IAT Newsletter, the iNews, which details all ongoing IAT activity with tool rollouts and retirements,
Request new IAT Tools or enhancements to existing tools, or
Report problems with IAT Tools.
(5) If an IAT tool is unavailable, not functioning properly, there is a problem with the ITM, or the tool is otherwise determined not to be appropriate due to a specific situation:
Work the case without the tool, using IDRS and/or AMS, following established procedures. Document the reason for not using the tool on AMS.
Access the IAT Website, select Known Issues, and follow the instructions to report the problem (if directed).
Exception: Do not report IAT problems resulting from IDRS or CC downtime, or speed issues.
Note: Some areas require employees to advise analysts or management prior to reporting problems with IAT tools. Follow the appropriate guidelines for your functional area.
(6) FA employees should refer to IRM 21.3.4-12, Field Assistance Mandated IAT Tools, for mandated IAT Tools.
(7) The table below provides a list of mandated tools for ACS Call Site, ACSS and CSCO employees. When an action must be taken and a Mandatory IAT tool is available, Campus Compliance employees with access to the tool are required to use it to complete the action (unless paragraph (3) above applies).
Functions | Mandatory IAT Tools | Suggested Use |
---|---|---|
ACS and ACSS |
Exception: Issuing e-4442. See IRM 21.3.5.4.2.1.1, Preparing an e-4442/4442. |
|
CSCO |
|
|
Note: For more information on each tool, including job aids, see the IAT Website.
Referrals or Redirect
(1) This subsection addresses procedures on referrals and re-directs by the following categories:
Referrals to Manager - All Employees
For All Employees
For TAC Office Employees
For All ACS Employees
For Other Account Issues Requiring Referral or Redirect
(2) When a taxpayer requests to speak with a manager, all employees must follow the procedures in IRM 5.19.1.3.1, Referrals to Manager - All Employees.
Referrals to Manager - All Employees
(1) Taxpayer requests to speak to a manager are a priority customer service issue. If a caller requests to speak to a manager, there are two options:
The taxpayer must be allowed to speak to the manager immediately, or
The manager must make a timely callback to the taxpayer within 24 hours (one business day).
Reminder: These requests are covered under the Taxpayer Bill of Rights. See the Note under IRM 5.19.1.2(1), Balance Due Overview, and Taxpayer Bill of Rights FAQs.
(2) If the manager can take the call immediately,
Advise the caller you will attempt to refer him or her to your manager. Ask the caller to please hold.
Contact your supervisor or appointed designee. Transfer the call to the manager or designee in accordance with your local procedures. Areas using the UCCE System may transfer the call using ″Inside Line.″
(3) If your manager or designee is not available,
Inform the caller accordingly. Advise the taxpayer that they will receive a return call within 24 hours (one business day) of the taxpayer's call.
Secure from the caller the best time and day (same day of the call or next day) for your manager or designee to return the call.
If working ACS or ACSS, enter history code "TOC0,01,MGRCB". Refer the case to your manager in accordance with your local procedures.
Managers will return the call within 24 hours.
(4) The employee should appropriately document the taxpayer's request to speak with the manager. Whether the manager speaks with the taxpayer immediately or within 24 hours, they should document the results of the conversation and reassign as appropriate for any necessary follow-up actions.
For All Employees
(1) This subsection provides procedures for all employees on referrals and redirects by the following categories:
General Transfer and Referral Information - IRM 5.19.1.3.2.1, General Transfer and Referral Information.
Collection Due Process (CDP) and CAP Form 9423 - IRM 5.19.1.3.2.2, Collection Due Process (CDP) and CAP Form 9423.
Taxpayer Advocate Service (TAS) - IRM 5.19.1.3.2.3, Taxpayer Advocate Service (TAS).
Revenue Officer (RO) Assignment - IRM 5.19.1.3.2.4, Revenue Officer (RO) Assignment.
Referring Taxpayers to Taxpayer Assistance Center (TAC) - IRM 5.19.1.3.2.5, Referring Taxpayers to Taxpayer Assistance Center (TAC) Offices.
Routing of Forms - IRM 5.19.1.3.2.6, Routing of Forms.
General Transfer and Referral Information
(1) Innocent Spouse: If the taxpayer requests or appears eligible for Innocent Spouse relief, send Form 8857, Request for Innocent Spouse Relief, with Publication 971, Innocent Spouse Relief, via the Enterprise Logistics Information Technology (ELITE) System. Inform the taxpayer IRS will review their form and contact them within 30-45 days. Document the case. Input "F8857TOTPX", where "X" = "P" for Primary taxpayer or "S" for Secondary taxpayer, for each module included using CC ACTON:
If the account is in Notice Status, input comments into AMS advising of the Innocent Spouse request
Note: Do not input CC STAUP.
Once Form 8857, Request for Innocent Spouse Relief, is received (TC 971 AC 065), generally collection activities cease against the requesting spouse from the date the Form 8857, Request for Innocent Spouse Relief, is filed; any outstanding levies against the claimant are released.
When an account is in ST 22, other areas of the Service send or IRS Enterprise Electronic Fax (EEFax) Form 4442, Inquiry Referral, to ACSS to alert ACS a claim was filed.
ACSS takes the following actions for any referrals received: Assigns the case TOS4, 45,F8857, enters comments F8857 rec’d on AMS, and ensures outstanding levies against the claimant are released.
If either the requesting or non-requesting spouse asks for an IA, review detailed procedures. See IRM 5.19.1.5.18, Innocent Spouse.
If the account is in ST 22, proceed with appropriate collection actions on the non-petitioning spouse, such as levy, LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), or LT16, Please Call Us About Your Overdue Taxes Or Tax Return; then, move the case as follows:
If ... | Then ... |
---|---|
Final Notice date is not present and a levy source is present | Input History Code "TOE2,90,F8857SNT" |
A Final Notice date is present and a levy source is present | Input History Code "TOE3,90,F8857SNT" |
No levy source is present | Input History Code "TOI4,90,F8857SNT" |
(2) Open Control/Freeze Codes: Accounts with certain freeze codes or open controls on IDRS may require a referral or contact with another function. See IRM 21.5.2.3(5), Adjustment Guidelines - Research, and/or IRM 21.5.6, Freeze Codes.
(3) For information about Potentially Dangerous Taxpayer (PDT) and "Caution Upon Contact" (CAU) Taxpayer designations, see IRM 25.4, Employee Protection.
(4) For reports of preparer misconduct, see IRM 21.1.3.14, Preparer Issues and Complaints/Form 14157.
(5) If a caller identifies themselves as a member of the media, refer to the Media Contacts (Referring Media Contacts) listing under the Who/Where page on SERP for a list of media contacts. For additional information see IRM 21.3.5.4.4.2, Media Contacts.
(6) For International taxpayers living abroad, see IRM 5.19.19, Campus Compliance International Case Processing (CCICP), for the non toll-free telephone numbers to be provided.
ACS Transfer Information
(1) An IDRS account in Collection ST 22 is under the jurisdiction of ACS.
(2) Correspondence: If an account includes any modules in ST 22, and you have no access to the ACS system or have not had ACS training, determine first whether the taxpayer's question is related to the ST 22 module before transferring the correspondence to the appropriate ACSS Site based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping).
Reminder: If a Notice Status account in CSCO updates to ST 22 because a CC STAUP was not input or updated timely, CSCO will work the case. See IRM 5.19.1.3.5, For Other Account Issues Requiring Referrals or Redirect.
(3) Telephone Contacts: If an account includes any modules in ST 22, and you have no access to the ACS system or have not had ACS training, determine first whether the taxpayer's question is related to the ST 22 module. Address all non-ACS (non-collection) related account issues before transferring to ACS. After all non-ACS (non-collection) related account issues are addressed, transfer the call to the appropriate ACS toll free number using the table below and the Telephone Transfer Guide, see IRM 5.19.1.2.3.3 , Transfer Personal Identification Number (PIN) Generation. If a taxpayer cannot or does not want to be transferred to ACS, refer to paragraph (4) below.
If ... | And ... | Then ... |
---|---|---|
The taxpayer agrees with the balance due, | The purpose of the call is to request a payment arrangement or prevent collections actions, e.g., levy or NFTL, | Offer to transfer the call to ACS. |
The taxpayer agrees with the balance due, | The taxpayer requests a payoff, |
Note: The current balance due shown on a transcript may not include the total penalties and interest that will accrue until the taxpayer’s balance is paid in full. |
The taxpayer does not agree with the amount of the balance due, | The unagreed balance due issue can be resolved on the phone, e.g., math error, payment tracer, penalty abatement request, etc., | Complete the account actions following normal procedures. Note: If a balance due still remains, refer to the last row of this table. |
The taxpayer does not agree with the amount of the balance due, | The unagreed balance due issue cannot be resolved on the call, e.g., Exam reconsideration, AUR issue, TDI, etc., | Offer to transfer the call to ACS. |
All account actions have been completed, e.g., math error adjustment, credit transfer, transcript order, etc., | A balance due still exists, |
|
(4) Transfer the call to ACS depending on the type of account and/or language as appropriate. Case actions such as full compliance check and cause and cure do not need to be performed before transferring, as ACS will complete these steps.
IMF:
BMF:
FERDI Accounts:
Language ... | UCCE Extension ... |
---|---|
English | 1075 |
Spanish | 1071 |
Language ... | UCCE Extension ... |
---|---|
English | 1085 |
Spanish | 1076 |
If the Account is ... | UCCE Extension ... |
---|---|
FERDI ACS | 1082 |
Note: All FERDI ACS calls should be transferred per the above table, whether they are English or Spanish. The FERDI site (and its back-up sites) will utilize OPI Service instead of a Spanish assistor for Spanish calls. See IRM 5.19.18.2(3), Identifying FERDI Cases, for how to identify FERDI accounts.
(5) If you are unable to transfer the call to ACS, take the following actions:
Give the taxpayer the appropriate ACS telephone number:
Annotate AMS, no IDRS history is needed.
Advise the taxpayer to call as soon as possible Monday through Friday from 8:00 AM to 8:00 PM, local time with the exception of Alaska and Hawaii, which follow Pacific Time.
If the taxpayer's request for an IA meets pending criteria, input TC 971 AC 043, using CC REQ77, see IRM 5.19.1.6.4.7, Pending IA Criteria.
Account Type ... | Toll-Free Number ... |
---|---|
IMF | 800-829-7650 |
BMF | 800-829-3903 |
(6) If there are no IDRS modules in ST 22, but there are Master File ST 22 modules, do not automatically transfer the call to ACS. Generally, this will occur when the module has a TC 530 with no subsequent TC 531 or 532. In these cases, follow the balance due procedures described in IRM 5.19.17.2.12, Reversal of CNC Status.
Collection Due Process (CDP) and CAP Form 9423
(1) If there is an open control on the account for CDP hearing and/or a TC 520 cc 76 (NFTL filed) or 77 (levy issued), refer the correspondence or telephone call information to the ACSS CDP coordinator, found in the ACS CDP Coordinator site on SERP. Do not transfer the call to the CDP Coordinator:
When speaking to the taxpayer, complete Form 4442, Inquiry Referral, with all pertinent information and EEFax to the ACSS/CDP site having jurisdiction of the account. Inform the taxpayer someone will call them back within five business days.
When working correspondence, EEFax the correspondence to the ACSS/CDP site having jurisdiction of the account.
(2) If correspondence received includes Form 9423, Collection Appeal Request, or one is received via EEFax, follow procedures in IRM 5.19.8, Collection Appeal Rights.
(3) If the account reflects an Appeals issue that is now closed, but the taxpayer indicates the Appeals agreed resolution was not implemented or there is an error involving implementation, see IRM 5.19.8.4.15, Retained Jurisdiction Hearings.
Taxpayer Advocate Service (TAS)
(1) Taxpayer Advocate Service (TAS): Taxpayers have the right to receive assistance from the Taxpayer Advocate Service (TAS) if experiencing economic harm or are seeking help in resolving tax problems that have not been resolved through normal channels. For criteria qualifying taxpayers for TAS handling, see IRM 21.1.3.18, Taxpayer Advocate Service (TAS) Guidelines, and IRM 13.1, Taxpayer Advocate Case Procedures.
(2) When appropriate, prepare Form 911, Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order), and forward to your local TAS Office:
If the taxpayer account is in ST 22, transfer the account "TOR2, 45,ATAO"
If the taxpayer account is non-ACS, input CC STAUP for nine cycles
For non AMS users, refer the taxpayer to the NTA toll-free number at 877-777-4778
If you can resolve and close the TAS case issue in the "same day" as the taxpayer contact, input an IDRS history code item such as "1day/CL"; do NOT automatically refer the inquiry to TAS. For ACS (ST 22) accounts. See IRM 5.19.5.6.2, Working Contact Inventory.
Refer taxpayers to the Taxpayer Advocate Service (TAS), see IRM 13, Taxpayer Advocate Service, when the contact meets TAS criteria IRM 13.1.7, TAS Case Criteria, and you can’t resolve the taxpayer’s issue the same day. The definition of "same day" is within 24 hours. "Same day" cases include cases you can completely resolve in 24 hours, as well as cases in which you have taken steps within 24 hours to begin resolving the taxpayer's issue. Do not refer "same day" cases to TAS unless the taxpayer asks to be transferred to TAS and the case meets TAS criteria. Refer to IRM 13.1.7.6, Same Day Resolution by Operations. When you refer cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order), and forward to TAS.
If the case is TAS-assigned, locate and route the case to the TAS employee by using the IUUD: IDRS Unit & USR Database; if you are able to close the case the same day, coordinate with the TAS employee assigned to the case before taking action on the account
As part of the Identity Theft (ID Theft) Program, the AM IPSU Team will begin assisting taxpayers whose situations meet TAS criteria 5 -7 AND involve ID Theft. Applicable cases will now be considered IPSU criteria. If a case meets IPSU criteria, refer the case to AM IPSU using Form 4442, Inquiry Referral. The referral can be sent via secure e-mail to: *W&I-ITAR when available, or by EEFax to the ID Theft EEFax line (855) 807-5720 by COB the day the criteria was identified. The referral MUST contain all taxpayer’s correspondence with any attachments/documentation received with the case. A Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, or other applicable letter to the taxpayer is required.
Low Income Taxpayer Clinics (LITCs)
(1) Low Income Taxpayer Clinics (LITCs) represent individuals whose income is below a certain level and need to resolve tax problems with the IRS: LITCs are independent from the IRS and TAS. LITCs can represent taxpayers in Tax Court as well as with the IRS. Pursuant to IRC 7526, subject to the availability of appropriated funds, the IRS may award matching grants for the development, expansion, or continuation of LITCs.
(2) If a taxpayer needs assistance resolving a balance due account and does not have a representative, they may be eligible for assistance from a Low Income Taxpayer Clinic (LITC). LITCs:
Assist low income individuals in resolving federal tax problems such as audits, appeals, litigations, and tax collection disputes.
Provide services to taxpayers who speak English as a second language, including education about taxpayer rights and responsibilities, and consultations on individual tax issues.
Services must be free or cost a nominal fee. LITCs receive funding from the IRS and the program receives oversight from the National Taxpayer Advocate, but the clinics are wholly independent of the IRS.
For a complete list of LITCs, services offered, and contact information, see Pub 4134, Low Income Taxpayer Clinic List.
(3) The Supplemental Standards of Ethical Conduct for Employees of the Department of the Treasury prohibit IRS employees from recommending or referring taxpayers to specific attorneys or accountants.
In addition, the Office of Government Ethics’ Standards of Ethical Conduct for Employees of the Executive Branch prohibit IRS employees from endorsing any product, service or enterprise, thus further limiting the ability to refer taxpayers to tax professionals.
The Office of Chief Counsel took the position that an LITC is similar enough to a firm of attorneys or accountants to fall within the scope of regulation 5 CFR 3101.106(a).
Consistent with these prohibitions, certain sections of the IRM made it clear that IRS employees could not direct taxpayers to a specific LITC.
(4) However, Section 1402 of the Taxpayer First Act (Public Law No. 116-25, Section 1402, 133 Stat. 981 (2019)) changes current practice and provides as follows:
Notwithstanding any other provision of law, officers and employees of the Department of the Treasury may -
"Advise taxpayers of the availability of, and eligibility requirements for receiving, advice and assistance from one or more specific qualified low-income taxpayer clinics receiving funding under this section, and"
"Provide information regarding the location of, and contact information for, such clinics."
(5) If during the course of the contact with a taxpayer, they advise you they are experiencing an economic hardship situation or if they ask for assistance in resolving their tax problems, see IRM 5.19.1.3.2.3, Taxpayer Advocate Service (TAS), for guidance about referring taxpayers to TAS.
Revenue Officer (RO) Assignment
(1) Revenue Officer (RO) assignment: If the account is in ST 26 and assigned to an RO or Group, proceed after noting the Exception information below:
Exception: There are two exceptions, MMIA and ASFR, where a ST 26 account is not assigned to an RO or group; IRM 5.19.1.4.1, Account Actions on Referral/Redirects.
Manually Monitored IAs (MMIAs): the assignment code is "35XX6XXX".
ASFR: the last four digits of the assignment code are "8000".
(2) Take the following actions:
If the taxpayer already has the phone number of the RO, advise the taxpayer to contact the RO directly.
If the case is assigned to a specific RO, with the last two digits of the assignment codes as "01"-"99", and the taxpayer does not have the RO telephone number, provide the group phone number available on the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
If the case is assigned to an RO group, but not yet assigned to a specific RO (last two digits of assignment code as 00), inform the taxpayer verbally, or via Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, another office has jurisdiction of their account and they will contact the taxpayer when the account is assigned.
Caution: Advise the taxpayer it could take up to 90 days before the RO contacts them.
Note: Do not transfer the call or provide a direct telephone number of a revenue officer.
Inform the taxpayer it is in their best interest to make payments on the balance due to reduce the penalty and interest continuing to accrue until the balance is paid in full. Advise the taxpayer of available payment options per IRM 5.19.1.2.7, Ways to Submit Payments, and IRM 5.19.1.2.7.1, Taxpayer Responsibilities - When Submitting Payments by Check or Money Order.
(3) If any correspondence is received for an account that is assigned to an RO, it must be forwarded to the RO. Follow instructions in paragraph (2) above.
Referring Taxpayers to Taxpayer Assistance Center (TAC) Offices
(1) Referring Taxpayers to Taxpayer Assistance Center (TAC) Offices: Do not refer taxpayers to a TAC. If the taxpayer insists on face-to-face contact, see IRM 21.3.5.4.4.1, Directing Taxpayers to Taxpayer Assistance Centers (TAC).
(2) If the taxpayer is already resolving their account at a TAC office, allow the taxpayer up to ten days:
If the account is in Notice Status, input CC STAUP 2202
If the account is in ST 22, ensure the case is in the appropriate ACS inventory with a 15 day follow-up
(3) Secure phone numbers. See IRM 5.19.1.4.2, Taxpayer Information.
Routing of Forms
(1) Forms may be eFaxed or received with correspondence that are processed by another business unit or centralized area.
(2) Refer to Exhibit 21.1.7-17, Forms - Routing Guide, for information on where to route forms.
(3) All employees are required to document AMS histories with the information received and take the next appropriate case action prior to forwarding the Forms.
For TAC Office Employees
(1) ST 22 Cases: When working ST 22 cases, notify your ACS Liaison of actions you take if you do not have access to ACS; do not direct the taxpayer to contact the ACS call site.
For All ACS Employees
(1) NMF: For calls on an NMF account, advise the taxpayer they must call 833-972-8965.
(2) Spanish-speaking Taxpayers: When the taxpayer requests a Spanish-speaking employee, transfer the call as follows:
Account Type ... | UCCE Extension ... |
---|---|
IMF | 1071 |
BMF | 1076 |
Exception: Special Compliance Personnel (SCP) employees who receive Spanish speaking taxpayers calling about SCP accounts must offer the OPI service according to paragraph (4) instructions in IRM 5.19.1.3.4.1, Multilingual Services, and should not transfer calls to ACS Spanish IMF or ACS Spanish BMF applications.
(3) For Multilingual calls, refer to IRM 5.19.1.3.4.1, Multilingual Services.
(4) For Tax Law Inquiries, refer to IRM 5.19.1.3.4.2, Tax Law Inquiry, to determine the correct transfer number for when transferring the taxpayer's call.
(5) For Non Tax Law Inquiries, refer to IRM 5.19.1.3.4.3, Non Tax Law Inquiry.
Multilingual Services
(1) Multilingual services will be offered to taxpayers with a language barrier. The primary vehicle for providing this service is through bilingual employees and an Over-the-Phone Interpreter (OPI).
(2) The IRS/OPI contract allows the disclosure of tax information to the OPI interpreter. The assistor should limit disclosure to only that information necessary to resolve the issue. The interpreters are not employees of IRS so communicate to them exactly as you would advise the taxpayer.
(3) If interpretation is needed for limited English proficient (LEP) taxpayers, offer the taxpayer OPI Service.
For Spanish speaking callers:
For all other LEP callers, offer OPI service. See paragraph (4) below.
Account Type ... | UCCE Extension ... |
---|---|
IMF | 1071 |
BMF | 1076 |
Exception: Special Compliance Personnel (SCP) employees who receive calls from Spanish speaking taxpayers calling about SCP accounts must offer the OPI service according to paragraph (4) instructions below and should not transfer calls to ACS Spanish IMF or ACS Spanish BMF applications.
Exception: Philadelphia ACS assistors staffing the International ACS line who do not speak Spanish but who receive calls from Spanish speaking taxpayers calling about International accounts must offer the OPI service according to paragraph (4) instructions below and should not transfer calls to ACS Spanish IMF or ACS Spanish BMF applications.
(4) To use the OPI services, complete the following:
Conferencing a call from the Soft Phone - Press Consult/Conf to initiate a consult or conference call.
A Consult/Conference Dialing Pad dialog box displays.
Enter the numbers 9 and 1, then enter the new toll-free number 888-563-1155.
Enter your PIN number (xxxx-xxxxx) - this is a unique personal PIN for each employee. PINs have been distributed to site management. If an employee does not have a PIN, management or local SA will contact coordinator to have one assigned, usually within 1 business day.
Select language:
Press ... | For Language ... |
---|---|
1 | Spanish |
2 | Creole |
3 | Mandarin |
4 | Korean |
5 | Vietnamese |
6 | Somali |
7 | Russian |
8 | French |
9 | Arabic |
0 | Operator assistance (To address any other language needs or concerns) |
Tax Law Inquiry
(1) Accounts Management will answer tax law inquiries on a limited number of topics year-round. These include:
Tax Exempt Government Entities (TEGE),
Special Services: Military or Civilian Combat; Federally Declared Disaster,
Affordable Care Act (ACA), and
International Tax Law (overseas calls only).
If income is taxable,
If the taxpayer is eligible for a tax benefit (Taxpayer Identification Number (TIN)/income requirements, time frame for eligibility, etc.), and
If an expense (or loss) is deductible.
Note: This includes advising the taxpayer of the correct forms for reporting requirements.
(2) When the taxpayer's Tax Law inquiry is one of the topics listed in (1) above: see IRM 5.19.1.3.4.2.1, Tax Law Inquiry Topic is Handled by AM.
(3) When the taxpayer's Tax Law inquiry is not one of the topics listed in (1) and:
The taxpayer has internet access, see IRM 5.19.1.3.4.2.2, Tax Law Inquiry Topic is NOT Handled by AM and TP has Internet Access.
The taxpayer does not have internet access, see IRM 5.19.1.3.4.2.3, Tax Law Inquiry Topic is NOT Handled by AM and Taxpayer does NOT have Internet Access.
Note: Inform the taxpayer they are being transferred
Note: All Compliance issues should be addressed before transferring. The assistor should inform the taxpayer they are being transferred and advise caller of what topic to request after the transfer. The assistor should document AMS history with the reason for the transfer.
(4) AM does not answer Out-of-Scope tax law questions. See IRM 21.1.1.3.2, Out of Scope and Limited Service, and IRM Exhibit 21.1.1-1 , Out-of-Scope Topics and Forms, for information regarding the services AM does not provide.
Tax Law Inquiry Topic is Handled by AM
(1) When the taxpayer's Tax Law inquiry is one of the topics listed in IRM 5.19.1.3.4.2(1), Tax Law Inquiry, AM is responsible for handling the inquiry.
If the call is received during Accounts Management Toll-Free lines (AM) hours of operation (7:00 am to 7:00 pm (local time)):
English: 1001
Spanish: 1101
If the call is received outside of the hours of operation, do not transfer the call. Instead, advise taxpayer of the hours of operation and to call the appropriate AM toll-free number 800-829-1040.
Issue ... | UCCE Extension ... |
---|---|
AM Tax Law Inquiry, |
Note: The caller will be transferred to a screening line. Advise the taxpayer that they will be transferred again. This will help direct the caller's inquiry expeditiously and to minimize the number of times they are subsequently transferred.
Tax Law Inquiry Topic is NOT Handled by AM and TP has Internet Access
(1) When the taxpayer’s Tax Law inquiry is not one of the topics listed in IRM 5.19.1.3.4.2(1), Tax Law Inquiry, the inquiry is not handled by AM and the taxpayer should be referred to self-help methods. Advise the taxpayer that the Service does not provide live assistance on this topic and refer the taxpayer to IRS.gov.
(2) Provide the taxpayer with the following navigation tips:
Tools - Enter "Tools" into the Search feature. Taxpayers can browse a list of tax tools available for individual taxpayers, businesses, and tax professionals, or
Interactive Tax Assistant (ITA) - Enter ITA into the Search feature. The ITA tool is a tax law resource that asks the taxpayer a series of questions and then provides them with responses to tax law questions on a limited number of topics,
(3) If the caller does not want to be referred to the website, transfer the call using the following tables:
ACS Call Sites: Austin, Brookhaven, Buffalo, Denver, Nashville, Oakland, Puerto Rico, Seattle:
All other ACS Call Sites:
Language ... | UCCE Extension ... |
---|---|
English | 3013 |
Spanish | 3014 |
UCCE Extension ... |
---|
1001 |
Note: The caller will be transferred to a screening line. Advise them they will be transferred again.
Tax Law Inquiry Topic is NOT Handled by AM and Taxpayer does NOT have Internet Access
(1) When the taxpayer’s Tax Law inquiry is not one of the topics listed in IRM 5.19.1.3.4.2(1), Tax Law Inquiry, the inquiry is not handled by AM and the taxpayer should be referred to self-help methods. When the taxpayer's inquiry is not handled by AM and the taxpayer does not have internet access, advise the taxpayer that the Service does not provide live assistance on this topic. Refer the taxpayer to the following sources:
Call 800-829-3676 to order Tax Forms and Publications. Assistance at this telephone number is available in English and Spanish
Commercial software packages may provide answers to tax questions
A tax professional
Non Tax Law Inquiry
(1) ACS employees should transfer non tax law related inquiries.
(2) For Account Issues, refer to IRM 5.19.1.3.4.3.1, Account Issues.
(3) For Refund Inquiries, refer to IRM 5.19.1.3.4.3.2, Refund Inquiries.
(4) For Exam Issues, refer to IRM 5.19.1.3.4.3.3, Exam Issues.
(5) For AUR Issues, refer to IRM 5.19.1.3.4.3.4, AUR Issues.
(6) For ACS FERDI Issues, refer to IRM 5.19.1.3.4.3.5, ACS FERDI Issues.
(7) For BMF Taxpayers, refer to IRM 5.19.1.3.4.3.6, BMF Taxpayer.
(8) For Special Compliance Personnel (SCP) Calls, refer to IRM 5.19.1.3.4.3.7, Special Compliance Personnel (SCP) Calls.
Account Issues
(1) AM Toll Free lines handles account issues that do not pertain to the ACS case. When the call is received during AM hours of operation, 7:00 am to 7:00 pm (local time), transfer the call.
Language ... | UCCE Extension ... |
---|---|
English, | 1020 |
Spanish, | 1021 |
Exception: See IRM 5.19.1.3.4.3.2, Refund Inquiries, for transferring calls regarding refund inquires.
(2) If the call is received outside of the hours of operation, do not transfer the call. Instead, advise taxpayer of the hours of operation and to call the appropriate AM toll-free number (800-829-1040).
Refund Inquiries
(1) When a taxpayer inquires about their refund where it has been:
21 days or less since they filed an electronic return, or
Six weeks or less since they filed a paper return,
Language ... | UCCE Extension ... |
---|---|
English, | 3158 |
Spanish, | 3258 |
(2) When a taxpayer inquires about their refund where it has been:
More than 21 days since they filed an electronic return, or
More than six weeks since they filed a paper return,
Language ... | UCCE Extension ... |
---|---|
English, | 1020 |
Spanish, | 1021 |
(3) If the call is received outside of the hours of operation, do not transfer the call. Instead, advise taxpayer of the hours of operation and to call the appropriate Refund Hotline (Automated Service): 800-829-1954.
(4) Emphasize to the taxpayer that the best way to get the most current information about their refund is through the automated systems (Where’s My Refund on IRS.gov; IRS2GO (English and Spanish) for smart phones; or the Refund Hot Line (800-829-1954)).
The automated systems are fast, accurate and available 24 hours a day, 7 days a week from any computer or smart phone with internet access.
The automated systems provide information that is specific to each taxpayer who uses the tool.
The automated systems eliminate the need for the taxpayer to wait on hold to speak to an assistor.
Exam Issues
(1) Call transfer functionality to Exam is available as an alternative for routing Form 4442, Inquiry Referral, or e4442.
(2) Examination Hours of Operation are:
W&I - 8:00 am to 8:00 pm (local time).
SB/SE - 7:00 am to 7:00 pm (local time).
(3) Those accounts meeting the transfer criteria outlined below can be transferred:
Open audit identified by an Exam Freeze Code (-L), information available on CC AMDIS, AIMS status code is between 00 and 57 AND a unreversed TC 420 or TC 424
Closed audit with an open Exam control base on IDRS, indicating there is an open Audit Reconsideration case, or
Closed audit with no Exam control base on IDRS, but meeting the criteria in IRM 4.13.2.1, Research/Initial Case Screening.
(4) Follow procedures in IRM 21.5.10-2, Audit Information Management Systems (AIMS) STATUS CODE GUIDE - CAMPUS CASES.
AUR Issues
(1) Follow the procedures in IRM 21.3.1.6.53, Status of Individual Master File (IMF) Underreporter Cases, for accounts with an open AUR case.
ACS FERDI Issues
(1) Employees can identify FERDI accounts by the following codes:
AMS – "Federal Employee" in the Alerts box of the Account Summary screen,
ACSWEB or ACS Green Screen – "FE" in the Alerts section,
IDRS CC ENMOD screen – "FED-EMP>F",
CFOL CC IMFOLE screen – "FED EMPLOY/RETIREE",
(2) FERDI Calls on Notice Status Cases (Not ST 22, 24 or 26): No special handling is required. ACS employees should follow guidelines in IRM 5.19.18.4(7), FERDI General Case Processing Overview, to process FERDI calls (not in TDA Status 22, 24 or 26).
(3) FERDI Calls on TDA Status Cases - ST 22 or 24:
FERDI calls on TDA ST 22 or ST 24 are handled by the Jacksonville, Seattle or Atlanta Call Sites. If translation is needed for Spanish speaking FERDI taxpayers, Jacksonville, Seattle and Atlanta ACS employees will use OPI Service.
All other ACS Call Sites - ACS employees at all other sites should transfer calls in ST 22 or 24 to the FERDI line:
Call Site: | UCCE Extension ... |
---|---|
Jacksonville, Seattle, & Atlanta (FERDI) | 1082 |
Note: All FERDI calls needing Spanish translators should be transferred to the FERDI line as shown in the table above. They will utilize OPI Service instead of a Spanish assistor.
Exception: Employees not trained to handle BMF accounts will transfer calls from FERDI taxpayers that are in-business and have unresolved collection (TDA/TDI) issues under a cross referenced EIN to telephone transfer number 1085. If the caller is no longer in business or is in-business but does not have a BMF collection issue, the call should not be transferred and should be handled according to normal FERDI procedures.
(4) FERDI Calls on TDA Status Cases - ST 26: Follow procedures in IRM 5.19.1.3.2.4, Revenue Officer (RO) Assignment, and IRM 5.19.1.4.1, Account Actions on Referral/Redirects.
(5) IRS Employee Calls: If the call is from an IRS employee, follow procedures in IRM 5.19.18.3, IRS Employee FERDI Cases
BMF Taxpayer
(1) If you are not trained to handle an ACS BMF account, transfer the call:
Account Type ... | UCCE Extension ... |
---|---|
BMF | 1085 |
Exception: Puerto Rico ACS provides bilingual support for BMF ACS lines. Therefore, Puerto Rico ACS employees should not transfer calls to this line.
Special Compliance Personnel (SCP) Calls
(1) The Fixing America's Surface Transportation (FAST) Act, signed into law December 4, 2015, requires the IRS to establish a Special Compliance Personnel (SCP) program funded by the retained earnings from the PDC program. See the Private Debt Collection website, and IRM 5.19.5.4.11.8, Special Compliance Personnel (SCP), for additional information.
(2) SCP employees in ACS are assigned to ACS Status (ST22/03) accounts only. These accounts can be identified with a TC 971 AC 470. Only SCP employees can work these accounts.
(3) Non-SCP employees who receive calls on SCP accounts, during their hours of operation 8:00 am to 8:00 pm (local time), must transfer the call to the SCP line:
SCP Line ... | UCCE Extension ... |
---|---|
English | 1138 |
Spanish | 1139 |
Note: If the call is received outside of the hours of operation, do not transfer the call. Instead, advise taxpayer of the hours of operation and to call 833-282-7220.
(4) SCP program case inventory has its own toll-free telephone number for incoming calls. The phone number will be on all outgoing ACS letters from the SCP inventory: 833-282-7220.
For Other Account Issues Requiring Referrals or Redirect
(1) ACS (ST 22) Accounts: When an IA is requested, input TC 971 AC 043 if the case meets pending IA criteria, IRM 5.19.1.6.4.7, Pending IA Criteria. Route the correspondence to the appropriate ACSS Site, based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping). Issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, if the ACSS Site is outside of your campus. If the ACSS Site is in your campus, send Letter 2645C, Interim Letter, if the case is over 25 days old and no interim letter was sent. Update comments on AMS.
Note: If a Notice Status account in CSCO updates to ST 22 because a CC STAUP was not input or updated timely, CSCO will continue to work the case. After working the case, update AMS comments with the case resolution. Contact the ACS Liaison to ensure the case is updated on ACS and no enforcement action is outstanding.
(2) Form 4442, Inquiry Referrals: If you receive a taxpayer inquiry that cannot be resolved during initial contact (or are directed to initiate a referral), follow instructions in IRM 21.3.5, Taxpayer Inquiry Referrals Form 4442, to prepare Form 4442, Inquiry Referral.
(3) CP 04 (Combat Zone) responses: Route to Kansas City CSCO and issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office. Provide the CP 04 toll-free number in the letter. See IRM 5.19.10.6.5.5, Responses to CP 04 .
(4) Criminal Investigation (CI) Z Freezes: Determine the controlling CI Fraud Detection Center (FDC) identified by the first two digits of the DLN of the TC 916 on CC TXMODA or the TC 918 on CC ENMOD. Prepare Form 4442, Inquiry Referral. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
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(5) Discovered Remittance: See IRM 3.8.46.1, Discovered Remittances.
(6) Freedom of Information Act (FOIA) Request: Forward the correspondence to the Disclosure Manager in the territory where the taxpayer resides; input CC STAUP 2209. If there are other issues in the correspondence, photocopy the correspondence before routing to the Disclosure Manager and continue case processing.
(7) Frivolous correspondence: See IRM 21.5.3.4.16.7, Identifying Frivolous Returns/Correspondence and Responding to Frivolous Arguments.
(8) Frivolous Return: Input TC 592 cc 082. See IRM 5.19.2.6.4.2, IMF Special Handling.
(9) IA requests above Campus authority: Any request above your authority must be routed to the appropriate function. See IRM 5.19.1.6.4, Installment Agreements (IAs), and IRM 5.19.1.4.1, Account Actions on Referral/Redirects.
(10) IRS employee sends correspondence about their tax account: Do not work the case. Refer the inquiry to the field per IRM 5.19.18.3, IRS Employee FERDI Cases.
(11) KITA or KIA case: See IRM 5.19.1.5, Balance Due Special Considerations.
(12) Payment tracer request: If there is no balance due issue, forward the correspondence to AM. If the taxpayer addresses a balance due account and it meets collection criteria, attempt to locate the payment; for additional information, see IRM 21.5.7, Payment Tracers.
(13) Pending OIC: If there is a TC 480 or TC 780 on the account (ST 71) (-Y Freeze), a pending OIC is present. See IRM 5.19.17.3, Offer in Compromise (OIC) Procedures.
Advise the taxpayer their request is being referred to another office for processing. Send Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office.
Do not input a TC 971 AC 043.
Initiate a Form 4442, Inquiry Referral, to refer the request to the Compliance Services OIC Unit at the appropriate campus. See SERP, under the\Who/Where, Offer-in-Compromise (OIC) Centralized Service Center Locations.
Input history on AMS or CC ENMOD, "44422OIC" or "CORR2OIC". Input CC STAUP 2209 if in Notice Status.
Note: If the taxpayer claims they filed an OIC but there is no indication present (TC 480 or TC 780 on the account, ST 71, -Y Freeze), see IRM 5.19.17.3.1, Taxpayer Claims OIC Previously Submitted (No TC 480 or ST 71 Present).
(14) Revenue Officer Request: Forward to Centralized Case Processing (CCP) in PSC. If the taxpayer disputes the liability and there are no collection balance due issues, see IRM 21.3.3.4.9.2, Campus Collection Function Correspondence/Inquiry/Notice.
(15) Identify the issue the taxpayer is disputing; send Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, or interim letter as appropriate. Route the correspondence as follows:
If ... | With Identifier ... | Then Route To ... |
---|---|---|
ASFR | TC 290 TC 599 cc 088 or cc 089 | See SERP, Who/Where, ASFR - Reconsideration Returns - Centralized Processing Sites |
AUR | TC 922 and TC 290 | See IRM 21.3.1.6.56, Copies of CP 2000, CP 2501, 2893C Letter |
Bankruptcy filed | TC 520 with cc 81, 84 (-W freeze), 83-89, 60-67 (-V Freeze) | IRM 5.19.1.5.2.1, Contacts Regarding Insolvency Issues |
CAWR | TC 290 BS 55, or TC 240 RN 500-514 and RN 549/550 | Fax correspondence to the appropriate CAWR site based on the State Mapping Guide:
|
Examination | TC 420/421 with TC 300 | Route to the appropriate Examination operation based on the TC 42X DLN. See IRM 4.13.7-4, Central Reconsideration Unit (CRU) Addresses |
Failure to Comply with Certain Information Reporting Requirements, or Intentional Disregard to Comply | TC 240 RN 651 or 652 | Detroit Computing Center |
Failure to File Information Returns | TC 240 RN 638 | IRS |
Fees | TC 360 | IRS |
FUTA | TC 290 BS50 or 51 | Fax correspondence to the FUTA site based on the State Mapping Guide: |
Informant | Not Applicable | See IRM 21.1.3.19, Informant Contacts |
Innocent Spouse | Form 8857, Request for Innocent Spouse Relief | See IRM 25.15.1.6.1, Routing of Form 8857 |
Unassessable Erroneous Refund | - U Freeze | See IRM 5.19.1.3.2, For All Employees |
OIC Pending | Unreversed TC 480 or TC 780 | See IRM 21.5.6.4.50, -Y Freeze |
Withholding Compliance Program | TC 240 RN 615 and 616 |
|
For any other issue and the taxpayer does not discuss payment | Not applicable |
|
Balance Due Research and Balance Due Collection First Read Process (CFRP)
(1) This subsection outlines how to resolve the taxpayer’s unpaid liability.
(2) Research all tax account(s) to identify compliance issues and address the taxpayer’s inquiry.
(3) Conduct a thorough interview with the taxpayer if contact is via telephone or face-to-face.
(4) Make every attempt to resolve the account upon initial contact.
(5) Ensure the appropriate functional area is processing the case. See IRM 5.19.1.3, Referrals or Redirect.
Account Actions on Referral/Redirects
(1) When researching the account, if any modules are in ACS ST 22, do not work the case unless you have access to the ACS system. See IRM 5.19.1.3.2.1.1, ACS Transfer Information. If no access to ACS address all non-ACS issues and take the following actions:
If ... | Then ... |
---|---|
Speaking to the taxpayer | Transfer the call to ACS using the Telephone Transfer Guide available on SERP. |
Working correspondence | Refer the correspondence to the appropriate ACSS site based on BOD Code and State mapping (W&I State Mapping or SB/SE State Mapping). Note: You are not required to contact the taxpayer and advise them of this referral if the ACSS Site is within your campus. |
Outside your campus | Send Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office |
Received date of the correspondence is 25 days or greater | Send Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to the taxpayer prior to routing the case to ACSS; for routing directions for specialized processing, see IRM 21.3.3.4.10, Taxpayer Late Replies Example: Tentative Carryback |
Reminder: If a Notice Status account in CSCO updates to ST 22 because a CC STAUP was not input or updated timely, CSCO will work the case. See IRM 5.19.1.3.5, For Other Account Issues Requiring Referrals or Redirect.
(2) Continue processing by ensuring you input a history on AMS. If you do not have access to AMS, input history on CC ENMOD to reflect the paper referral of a telephone call or the correspondence to ACS; this alerts ACS employees who may be researching the account not to take some type of enforcement action there is a taxpayer contact being referred to them for consideration.
If ... | Then ... |
---|---|
The account is in ST 22 on MF only (CC IMFOL) due to a CNC (TC 530) | Work the case using normal procedures. Note: Do not refer these to ACS; they are no longer on the ACS system. |
Processing an address change on an account in ST 6X |
|
You are in a TAC Office | Work the ST 22 cases and notify your ACS Liaison of the actions you take if you do not have access to ACS Note: Do not direct the taxpayer to contact the ACS call site. |
(3) Any function receiving a ST 24 case is required to process the case following normal procedures, up to the functions’ authority level. See IRM 5.19.1.2.6, Case Processing Authority Levels. Do not bring the account into ACS if you can close the case on the same day - the case can be worked if in ST 24. If the taxpayer must provide additional information or you are unable to close the case on the same day, take the following actions:
Exception: Do not bring the account to ACS if the account:
Meets ACS bypass criteria. See IRM 5.19.5-8, Cases that Systemically Bypass ACS Reference IRM 5.19.5.4.1.
Balance exceeds ACS authority levels. See IRM 5.19.1.2.6, Case Processing Authority Levels.
Then immediately input: CC ASGNI/CC ASGNB 0000 if the account is not a pending IA. CC ASGNI/CC ASGNB 0120 if the account is a pending IA.
Document AMS narrative indicating why the case was brought back to ACS and provide the taxpayer with a follow-up date.
(4) Forward documents to RO Group Manager based on Revenue Officer by TSIGN/ZIP/State look-up located on the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
Note: The first two digits of the RO group number represent the AO number.
Review the taxpayer’s Collection Assignment Code. This is a two-digit number that appears on CC ENMOD (COLL-ASGMT) and is the assigned Area Office (AO). Determine whether this is a W&I or SB/SE AO:
Transfer the case:
If the taxpayer’s current AO is a W&I number, the AO code must be changed to a SB/SE AO number. This can be done at the same time the assignment is changed.
Note: RO assignments are made using SB/SE AO numbers.
Change DOC-CD to 50.
Input AO number in CLC field.
Input "AO006541" in CASE-ASSN-NUM field.
Example: Taxpayer resides in Arkansas. According to the RO by State, the AO is 25. Enter "25006541" in the CASE-ASSN-NUM field.
Input remarks (i.e., "Account Balance exceeds authority. Transferring case to field").
Page up (transmit).
If the taxpayer’s current AO is a SB/SE AO number, change the assignment number.
Input "6541" in the BGEE field.
Input the AO number followed by 00 in the AOTO field.
Example: Taxpayer resides in Iowa. According to the RO by State, the AO is 26. Enter "2600" in the AOTO field.
Page up (transmit).
AO ... | BOD ... |
---|---|
11-15 | W&I |
21-27 | SB/SE (Domestic) |
35 | SB/SE (International, including Puerto Rico) |
Exception: There is no International W&I AO number. If the taxpayer lives in Puerto Rico or outside the U.S., the International SB/SE AO number of 35 should be used.
AO ... | Transfer Steps ... |
---|---|
W&I | |
SB/SE |
(5) When researching the account, if there are ST 26 modules, further research is required to determine where the case is assigned; follow the chart below to determine where the case is assigned and the appropriate action:
If ... | Then ... |
---|---|
A balance due account TSIGN’d to "35XX6XXX" with a history indicating "MMIA" Note: MMIA now has multiple TSIGN’s depending on the location of the account, but they all begin with the assignment of Area Office "35" and the last four digits of the TSIGN begin with a "6". |
|
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The taxpayer requests:
|
|
|
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A Copy of a Closed Audit Report | IRM 21.5.10.4.4, Copies of Audit Reports |
(6) Once your research/interview is complete, and it is determined the tax liability is correct with a remaining outstanding balance, continue case processing; for additional information. IRM 5.19.1.4.3, Determine Correct Tax Liability.
(7) For correspondence, work the case per the request received in the correspondence. Follow disclosure guidelines and other procedures outlined throughout this section. IRM 5.19.1.2.3 , Disclosure Overview: Verifying Identity of Contact Party.
(8) If additional information is required to make a final case disposition, attempt to contact the taxpayer by phone or correspondence to request additional information; if making a phone attempt and contact is not made with the taxpayer, you must follow up with a letter requesting the additional information.
(9) The following sections provide account actions on referral/redirects by business unit:
ACS and ACSS employees - IRM 5.19.1.4.1.1, Account Actions on Referral/Redirects - ACS and ACSS Employees.
CSCO employees - IRM 5.19.1.4.1.2, Account Actions on Referral/Redirects - CSCO Employees.
Field Assistance employees - IRM 5.19.1.4.1.3, Account Actions on Referral/Redirects - FA Employees.
Account Actions on Referral/Redirects - ACS and ACSS Employees
(1) Follow the procedures below when handling an account exceeding ACS authority levels. See IRM 5.19.1.2.6, Case Processing Authority Levels:
Note: Ensure FCC is completed per IRM 5.19.1.4.4.1, Full Compliance Check.
Caution: Any ACS or ACSS employee can work cases using the increased authority. The former large dollar units are no longer in existence. Do not transfer anything to any of the former large dollar units.
Note: Jeopardy - Cases where collection is in jeopardy (at risk) should be assigned to Field Collection. Enter "TOI7". See IRM 5.19.5.8.4, I7 - Transfers Actions.
The account is in Notice Status or ST 24:
Input TC 971 AC 043 if the request meets pending IA criteria. IRM 5.19.1.6.4.7, Pending IA Criteria.
You must document the terms of the proposed IA on AMS.
Request lead/manager approval to transfer the case to the field by:
Note: The approver must document their approval in AMS Comments.
Input CC STAUP 2200 to IDRS for all Notice Status modules.
Reassign the account to 6541 on IDRS (Follow instructions in IRM 5.19.1.4.1(4)(b), Account Actions on Referrals/Redirects).
ST 22 (if applicable): Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
Document AMS.
Request lead/manager approval to transfer the case to the field by:
Note: The approver must document their approval in AMS Comments.
Input CC STAUP 2200 to IDRS for all Notice Status modules.
Reassign the account to 6541 on IDRS (Follow instructions in IRM 5.19.1.4.1(4)(b), Account Actions on Referrals/Redirects).
ST 22 (if applicable): Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
If a hardship exists, as determined by IRM 5.19.4.4.10, Levy Release: General Information, release levy upon receipt of verification.
Note: If levy was issued through the FPLP, State Income Tax Levy Program (SITLP) or Alaska Permanent AKPFD, follow instructions in IRM 5.19.9, Automated Levy Programs.
Document AMS.
Request lead/manager approval to transfer the case to the field by:
Note: The approver must document their approval in AMS Comments.
Input CC STAUP 2200 to IDRS for all Notice Status modules.
Reassign the account to 6541 on IDRS (Follow instructions in IRM 5.19.1.4.1(4)(b), Account Actions on Referrals/Redirects).
ST 22 (if applicable): Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
If documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
No levy was issued, or
A levy was issued, but is not causing an immediate hardship.
If any levies were issued, but no hardship exists, as determined by IRM 5.19.4.4.10, Levy Release: General Information, do not release them. If no levy was issued, proceed to paragraph (c) below.
Note: If a levy was issued through FPLP, SITLP or AKPFD, follow instructions in IRM 5.19.9, Automated Levy Programs.
Notify the taxpayer the levy release is denied and inform them of their right to speak to a manager to appeal the denial. If the manager sustains the decision to not release the levy, taxpayers have the right to appeal the decision. See IRM 5.19.8, Collection Appeal Rights. Also, see IRM 5.19.1.3.2(10), For All Employees.
Document AMS.
Request lead/manager approval to transfer the case to the field by:
Note: The approver must document their approval in AMS Comments.
Input CC STAUP 2200 to IDRS for all Notice Status modules.
Reassign the account to 6541 on IDRS (Follow instructions in IRM 5.19.1.4.1(4)(b), Account Actions on Referrals/Redirects).
ST 22 (if applicable): Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
If documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
Default IA. Input CC IADFL on IDRS. Follow instructions in IRM 5.19.1.6.4.19.1, Withdrawal of IA Requests.
Note: The defaulting of an existing IA is based on the taxpayer request to revise the terms of the IA or the taxpayer is now unable to maintain the IA (possible CNC).
Document AMS to show that the IA was defaulted and why.
Input TC 971 AC 043 only if the taxpayer wants to revise their IA and the request meets pending IA criteria. You must document the terms of the proposed IA on AMS. See IRM 5.19.1.6.4.7, Pending IA Criteria.
Request lead/manager approval to transfer the case to the field by:
Note: The approver must document their approval in AMS Comments.
Input CC STAUP 2200 to IDRS for all Notice Status modules.
Reassign the account to 6541 on IDRS (Follow instructions in IRM 5.19.1.4.1(4)(b), Account Actions on Referrals/Redirects).
ST 22 (if applicable): Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
The account has modules in ST 22:
Input TC 971 AC 043 if the request meets pending IA criteria. See IRM 5.19.1.6.4.7, Pending IA Criteria.
You must document the terms of the proposed IA on AMS.
Request lead/manager approval to transfer the case to the field by:
Input CC STAUP 2200 to IDRS for any Notice Status modules.
Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Note: The approver must document their approval in AMS Comments.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
Document AMS.
Request lead/manager approval to transfer the case to the field by:
Input CC STAUP 2200 to IDRS for any Notice Status modules.
Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Note: The approver must document their approval in AMS Comments.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
If a hardship exists, as determined by IRM 5.19.4.4.10, Levy Release: General Information, release levy upon receipt of verification.
Document AMS.
Request lead/manager approval to transfer the case to the field by:
Input CC STAUP 2200 to IDRS for any Notice Status modules.
Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Note: The approver must document their approval in AMS Comments.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
No levy was issued or
A levy was issued, but is not causing an immediate hardship.
If any levies were issued, but no hardship exists, as determined by IRM 5.19.4.4.10, Levy Release: General Information, do not release them. If no levy was issued, proceed to paragraph (c) below.
Notify the taxpayer the levy release is denied and inform them of their right to speak to a manager to appeal the denial. If the manager sustains the decision to not release the levy, taxpayers have the right to appeal the decision. See IRM 5.19.8, Collection Appeal Rights. Also, see IRM 5.19.1.3.2(10), For All Employees.
Document AMS.
Request lead/manager approval to transfer the case to the field by:
Input CC STAUP 2200 to IDRS for any Notice Status modules.
Input "TOI7,05,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
Note: The approver must document their approval in AMS Comments.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Advise the taxpayer it could take up to 90 days before the RO contacts them. Encourage the taxpayer to make voluntary payments until the RO contacts them.
If contact is over the phone, inform the taxpayer verbally of the referral to the field. If you do not speak with the taxpayer, issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform them of the referral to the field.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
Forward correspondence received to the appropriate field group based on state mapping using the SERP, Who/Where tab to the RO by TSIGN/ZIP/STATE site.
And ... | Then ... |
---|---|
ST 24 and/or Notice Status and request for an IA Note: This includes ST 64 accounts. | |
ST 24 and/or Notice Status and taxpayer states Unable to Pay (Possible CNC). | |
Request for a Release of Levy Only: Account is in ST 24 and an immediate hardship exists (shut-off notice, eviction notice etc). See IRM 5.19.4.4.10, Levy Release: General Information. | |
Request for a Release of Levy Only: Account is in ST 24 and either: | |
ST 60 and the taxpayer requests to revise the terms of the IA or the taxpayer is now unable to maintain the IA (possible CNC). | Note: Include Form 14425, Withdrawal of Installment Agreement Requests, (or equivalent), with any documentation forwarded to the field group. |
And ... | Then ... |
---|---|
The taxpayer requests an IA | |
Taxpayer states Unable to Pay (Possible CNC). | |
Request for a Release of Levy Only: An immediate hardship exists (shut-off notice, eviction notice etc). See IRM 5.19.4.4.10, Levy Release: General Information. | |
Request for a Release of Levy Only: |
Account Actions on Referral/Redirects - CSCO Employees
(1) Follow the procedures below when handling an account exceeding CSCO authority levels. See IRM 5.19.1.2.6, Case Processing Authority Levels:
Note: Ensure FCC is completed per IRM 5.19.1.4.4.1, Full Compliance Check.
Caution: The former large dollar units are no longer in existence. Do not transfer a call to any of the former large dollar units.
Note: Jeopardy - Cases where collection is in jeopardy (at risk) should be assigned to Field Collection. Follow instructions in IRM 5.19.1.4.1(4), Account Actions on Referral/Redirects.
If ... | Then ... |
---|---|
The account is in Notice Status and request for an IA Note: This includes ST 64 accounts. |
|
Taxpayer states Unable to Pay (Possible CNC). |
|
Request for a Release of Levy Only: |
|
Request for a Release of Levy Only:
|
|
ST 60 and the taxpayer requests to revise the terms of the IA or the taxpayer is now unable to maintain the IA (possible CNC). |
|
Account Actions on Referral/Redirects - FA Employees
(1) Follow the procedures below when handling an account exceeding FA authority levels. See IRM 5.19.1.2.6, Case Processing Authority Levels:
Note: Ensure FCC is completed per IRM 5.19.1.4.4.1, Full Compliance Check.
Caution: The former large dollar units are no longer in existence. Do not transfer a call to any of the former large dollar units.
Note: Jeopardy - Cases where collection is in jeopardy (at risk) should be assigned to Field Collection. Follow instructions in IRM 5.19.1.4.1 (4), Account Actions on Referral/Redirects.
If ... | Then ... |
---|---|
Notice Status and request for an IA Note: This includes ST 64 accounts. |
|
Taxpayer states Unable to Pay (Possible CNC). |
|
Request for a Release of Levy Only: |
|
Request for a Release of Levy Only:
|
|
ST 60 and the taxpayer requests to revise the terms of the IA or the taxpayer is now unable to maintain the IA (possible CNC). |
|
Taxpayer Information
(1) This subsection provides procedures for changing taxpayer entity information, such as address, name and obtaining the taxpayer's best contact number(s), if possible.
Note: The best contact number should be placed in the "HOME FIELD" for IMF accounts and "BUSINESS FIELD" for BMF accounts on AMS. DO NOT verify/delete additional existing numbers during phone contacts.
Note: If working correspondence, update the best contact number as appropriate.
Exception: If documentation is present that indicates contact numbers were addressed within the past 13 cycles, then you are not required to request telephone numbers.
Exception: Deleting a contact number in the "HOME FIELD" or "BUSINESS FIELD" is acceptable if it is being replaced by a more current contact number.
(2) ACS and ACSS employees (includes Field Assistance employees working ACS cases): When working a ST 22, ACS case, and telephone contact indicates an incorrect best contact number, use the table below to update the taxpayer account:
If ... | And ... | Then ... |
---|---|---|
The account has modules on ACS (ST 22), | AMS is available and ACSWeb is open on AMS, | Make changes using the AMS Update Contact tool. |
The account has modules on ACS (ST 22), | AMS is not available and/or ACSWeb is not open on AMS, | Make changes on the ACS Entity Screen. |
The account does not have modules on ACS, | AMS is available, | Make changes using the AMS Update Contact tool. |
The account does not have modules on ACS, | AMS is not available, | Make changes using IDRS CC TELEA, CC TELEC, CC TELED or CC DOALL. |
Note: When working an account on ACS and the telephone number is on ACS, you are not required to add the telephone number to IDRS.
Note: If working correspondence, update the best contact number as appropriate.
(3) CSCO, Field Assistance employees (including ACS and ACSS employees working non-ACS cases): You must attempt to secure the best contact number when speaking to taxpayers (or their authorized representatives) on all accounts if there is a balance due of any kind. If working correspondence and a phone number was provided, then update account if there is a balance due.
Exception: Field Assistance TAC employees only: When contact is solely for the purpose of hand-delivering a payment and the account is in ST 60.
If AMS is available, you may make changes using the AMS Update Contact tool.
Exception: If AMS is not available, then make changes using IDRS CC TELEA, CC TELEC, CC TELED or CC DOALL.
You are not required to secure/verify telephone numbers on the following accounts:
If the account is not active on IDRS.
ST 03: CSRs transferring cases to ACS without ACS access.
ST 12: No balance due modules. This also includes instances where the account balance is resolved within the same day, contact numbers are not required.
Example: Payment Tracer - money located to full pay the balance, or on-line adjustment full paying the balance due, ST 12.
ST 22, 23 or 24: CSRs transferring cases to ACS without ACS access.
ST 26: Assigned to an RO. See IRM 5.19.1.4.1(5), Account Actions on Referral/Redirects.
ST 71: Unless modules in other statuses are present.
ST 72.
Note: The TC 520 Closing Code Chart determines where the case resides: CDP/Appeals, Bankruptcy/Litigation, Tax Court or a Civil Penalty with Appeal Rights. Follow the TC 520 Closing Code Chart in Document 6209, IRS Processing Codes and Information, for the definitions of the CC to ensure the case is routed properly. Secure the best contact number if mixed statuses are present.
Entity and Address Changes
(1) For all oral statements regarding entity changes, see IRM 3.13.5.28, Entity Changes from Oral Statements, IRM 3.13.5.29, Oral Statement/Telephone Contact Address Change Requirements, IRM 3.13.5.29.1, "Oral" Statement/Telephone Contact Address Change Requirements for MFJ Accounts, and IRM 3.13.2.4.6, Change of Address.
(2) For correspondence requests, see IRM 3.13.5.47, Updating Address Records. For BMF correspondence requests, see IRM 3.13.2.4.6, Change of Address.
(3) For all other accounts, see IRM 21.1.3.20, Oral Statement Authority.
(4) If the account is in ST 26, do not change the Collection Location Code (CLC); only make the address change. The revenue officer makes the CLC change when they close their case control
(5) For operations other than Compliance, if a taxpayer moves outside the campus jurisdiction, change the address, but do not change the CLC field if there are balance due accounts in ST 48, 6X, 71 or 72. Refer to the Collection Operation at your campus to make a decision on changing the CLC. Indicate on the routing slip, or Form 4442, Inquiry Referral, the reason for referral and include your name and phone number in case contact is required.
(6) When working IAs with aForm 9465, Installment Agreement Request, if the address on the form is different than the address on CC ENMOD, and the customer checked the box indicating an address change, input the new address on IDRS. DO NOT change the address if the address is different, but the box is not checked, notate address in AMS comments.
(7) Using CC ENREQ with:
Doc. Code 63 allows the change of the address
Doc. Code 50 allows the change in the CLC
(8) If you do not input the change to the CLC using Doc. Code 50, the account remains at the campus where the IA was established; for additional information regarding use of Doc Codes 50 and 63 for an address change and the CLC also requires change, see IRM 2.4.9, Command Codes ENREQ, INCHG, IRCHG, BNCHG and BRCHG.
(9) Follow the if and then chart below when a taxpayer notifies you of an address change on an existing IA. See the Post of Duty Listing on SERP or Document 6209, IRS Processing Codes and Information, pages 11-1 through 11-5 for AOTO assignment:
If ... | And ... | Then ... |
---|---|---|
The account is not in ST 60, 61, 63, or 64 | The account already transferred to the new campus | Input the IA using CC IAGRE |
The new address is within the current Territory Office jurisdiction | The account is in ST 60 or 63 | Input the new address using CC ENREQ, document code 63 |
The new address is within the current Territory Office jurisdiction | The account is in ST 61 or 64 and the cause of the suspension or default is remedied by the taxpayer Example: Missed payment(s) made up | |
The new address is within the current Territory Office jurisdiction | The account is in ST 61 or 64 and the cause of the suspension or default is NOT remedied by the taxpayer Example: Missed payment(s) |
|
The new address is outside the Territory Office jurisdiction | The account is in ST 60 or 63 | |
The new address is outside the Territory Office jurisdiction | The account is in ST 61 or 64 and the cause of the suspension or default is NOT remedied by the taxpayer |
|
(10) The BOD code change does not affect the IA, Installment Agreement Accounts Listing (IAAL), or the campus monitoring it. When the case updates to ST 60, the Collection Location Code (CLC) is set. When the account becomes full paid, the account will move to the appropriate campus if another balance due account generates.
Example: Taxpayer is a W&I taxpayer living in California and enters into an IA; the Fresno Campus generates each CP 521, Installment Agreement Reminder Notice, and works the account if issues related to it arise on the IAAL. The following year, the taxpayer files Form 1040, U. S. Individual Income Tax Return, with Schedule C, Profit or Loss From Business, the BOD in which the taxpayer files, therefore, changes from W&I to SB/SE. The IA remains at the Fresno Campus, not moving to the Ogden Campus. When the balance due is full paid, the account moves to the Ogden Campus if another balance due account generates in the future.
(11) If AMS is used, the Primary Address Change Indicator is required when:
The IMF entity shows filing status 2 in the most current name line AND
The IMF address change is for the primary taxpayer, but not the secondary taxpayer.
(12) In this scenario, input a "1" when using CC INCHG, or check the box on the Update Contact Tool when using AMS. Failure to use the indicator also changes the secondary taxpayer address; for more information, see IRM 3.13.5.56, Inputting Domestic Address Changes.
Determine Correct Tax Liability
(1) The taxpayer may indicate verbally or in writing the tax liability is questionable, such as:
They do not owe the balance due
They dispute the amount owed
They do not know why they have a balance due
(2) Do not pursue collection if you are not able to determine the correct tax liability. However, you must address any delinquent returns as well as secure updated addresses and telephone number to update the account with current information. See IRM 5.19.1.4.2, Taxpayer Information.
(3) Allow the taxpayer an opportunity to dispute a liability they do not agree with by following the appropriate process described in following paragraph.
Exception: If account history shows the taxpayer was previously allowed time to dispute their liability, but failed to submit a claim (or follow the appropriate process per the following paragraph) within 45 days, since the last history, and it is apparent the taxpayer is attempting to delay collection, pursue collection.
(4) Follow the instructions below if you determine the tax liability is questionable and a referral to another office is appropriate. Input CC STAUP to suspend further notices for 45 days prior to referring the balance due inquiry to another office/area; see paragraph (6) below).
If ... | Then ... |
---|---|
| Note: If the taxpayer requests an IA that MEETS criteria: |
Automated Underreporter (AUR), | See IRM 21.3.1.6.57, IMF Underreporter Letters |
SFR - Taxpayer disputes the assessment, | See IRM 5.18.1, Automated Substitute for Return (ASFR) Program, and SERPWho/Where, ASFR - Reconsideration Returns - Centralized Processing Sites |
The taxpayer claims income as wages and the employer reported the income made to a subcontractor, | Determine if the taxpayer qualifies for a Form SS-8, Determination of Worker Status for Purpose of Federal Employment Taxes and Income Tax Withholding, determination and referral; for detailed procedures, see IRM 21.7.2.5.3(1)-(3), Worker Classification Determinations |
Audit Reconsideration, |
Note: ACS employees may follow IRM 5.19.1.4.3.3, ACS Procedures for Accessing CEAS on Closed Examination Cases. |
CSED Reconciliation or Verification needed, |
|
Taxpayer disagrees with the Failure to File (FTF), Failure to Pay (FTP), and/or Failure to Deposit (FTD) penalties, | Determine whether the taxpayer meets Reasonable Cause abatement criteria. See IRM 20.1.1, Introduction and Penalty Relief. Note: When considering requests for relief from the FTF, FTP, and/or FTD penalties, determine if the taxpayer is eligible for the first time abate (FTA) administrative waiver using the Reasonable Cause Assistant (RCA), when applicable. See IRM 20.1.1.3.1, Unsigned or Oral Statement Requests for Penalty Relief, IRM 20.1.1.3.6, Reasonable Cause Assistant (RCA), and IRM 20.1.1.3.3.2.1, First Time Abate (FTA). Exception: ACSS employees should refer to IRM 5.19.6.12(12), Receiving and Sorting Incoming Mail, for penalty abatement requests involving:
|
(5) If there is an open control base, contact the employee for case processing instructions. See IRM 21.5.2.3(5), Adjustment Guidelines - Research.
Note: If the account has a TC 971 AC 043, and is controlled in "M" status and you can resolve the account, there is no need to contact the employee.
(6) Use CC STAUP to interrupt the normal notice routine by delaying, accelerating or skipping notices. Employees can request a notice be stopped by taking the following actions:
Prepare Form 4442, Inquiry Referral /Letter 4442C, Inquiry Referral. See IRM 21.3.5, Taxpayer Inquiry Referrals Form 4442 .
Forward Form 4442, Inquiry Referral /Letter 4442C, Inquiry Referral, to Output Review at the appropriate campus prior to the Wednesday before the 23-C date.
Note: If time does not allow forwarding Form 4442, Inquiry Referral /Letter 4442C, Inquiry Referral, contact Output Review by telephone prior to 10:00 AM the Wednesday before the 23-C date. Form 4442, Inquiry Referral /Letter 4442C, Inquiry Referral, must be received in the campus Output Review Unit by the Wednesday before the 23-C date of notice. Notices not selected for review are mailed throughout the week. Notices selected for review are held until the Friday before the 23-C date.
Tax Liability Previously Paid
(1) When a taxpayer indicates they previously paid the tax liability and the payment or credit is not showing on the account; review additional information regarding payment tracers, see IRM 21.5.7, Payment Tracers.
(2) If payments were made through the Lockbox bank, see IRM 21.5.7.4.7.4, Lockbox Payments, and follow if and then chart below.
If ... | And ... | Then ... |
---|---|---|
An ACS case (ST 22), | The taxpayer is on the phone, |
|
ACS case (ST 22), | Correspondence indicates payment was made, |
|
Non ACS cases, | The taxpayer is on the phone, |
|
Non ACS cases, | Correspondence indicates payment was made, |
|
(3) Upon receipt of the cancelled check, research for posting:
If located, move the credit as appropriate; if an outstanding balance still exists after the credit transfer, resolve the remaining balance due as appropriate
If payment resolves the total liability, but is not found, follow procedures and input TC 470 cc 93; for additional information, see IRM 21.5.7.4.6.9, Payment Not Located.
If the payment does not resolve the liability and is not found, follow procedures and input TC 470 if not already input per paragraph (1) above, with no cc, and take appropriate actions to resolve the remaining balances; for additional information, see IRM 21.5.7.4.6.9(3), Payment Not Located.
(4) If you are unable to locate a payment made through the Electronic Federal Tax Payment System (EFTPS) refer to IRM 21.5.7.4.2, Payment Tracer Referrals to Hardcore Payment Tracer Function (HPTF).
Adjusting Tax for a Balance Due
(1) If an adjustment to the tax is required, follow the appropriate adjustment procedures:
IRM 21.5, Account Resolution
IRM 21.6, Individual Tax Returns
IRM 21.7, Business Tax Returns and Non-Master File Accounts
Note: If tax liability is satisfied and there is an outstanding NFTL, see IRM 5.19.4.6.5, Lien Releases. Employees of functions with access to the Automated Lien System (ALS) input NFTL release requests in these circumstances; for functions not having access to ALS, determine and provide the Centralized Lien Operation (CLO) NFTL release contact on the Intranet by going to:
The IRS Intranet home page (IRWeb)
SERP
The Who/Where tab
ALS Units - Contacts
Reminder: An internal use only telephone number is also provided along with the contact information on the CLO website. Ensure all email communications regarding NFTLs are via secure messaging.
Note: Consider providing the taxpayer Pub 4235, Collection Advisory Group Numbers and Addresses, if the taxpayer has additional questions about the NFTL or refer the taxpayer to IRS.gov to retrieve the publication.
(2) If the taxpayer disputes a balance due as a result of an SFR/ASFR assessment, and claims they filed with their spouse, prepare Form 4442, Inquiry Referral, and forward it to SFR/ASFR. See IRM 5.19.1.3.5(14), For Other Account Issues Requiring Referrals or Redirect, for processing sites. If the taxpayer disagrees with the assessment and has not previously filed, advise them to prepare and file an original return showing the correct income, exemptions, filing status, and deductions. An SFR/ASFR assessment can be identified by the following:
TC 150 for .00 with literal "SFR" next to it, or TC 971 AC 143 (for cases started after 7/1/2018).
Tax class 2 with Doc Code 10 in the DLN.
Blocking series 000-299.
No AGI present on the module.
TC 290 (Collection ASFR assessment) or TC 300 (Examination SFR assessment) with blocking series 540-549 or 640-649. For addresses to which ASFR reconsiderations requests/cases are sent, see SERP, Who/Where, ASFR - Reconsideration Returns - Centralized Processing Sites.
TC 599 with cc 088, no response to ASFR notifications.
TC 599 with cc 089, taxpayer filed an original return. If you receive a reconsideration of an Examination SFR, follow appropriate procedures. See IRM 4.13.3.8, Closing Procedures.
Note: If the taxpayer files a return after TC 599 cc 089 is input, this is considered an amended return, not a reconsideration. Do not route these to ASFR. See IRM 21.3.3.4.9.2.1, Compliance Criteria for Amended Returns/Claims and/or Balance Due Correspondence.
TC 599 with cc 013, indicates taxpayer agreed to the proposed assessment.
(3) If the ITAS in Field Assistance working the account does not have a Form 809 Book, Receipt for Payment of Taxes, they do the input online. If the ITAS does have a Form 809 Book, they prepare Form 4442, Inquiry Referral, and submit it to their manager for approval and assignment for the input.
ACS Procedures for Accessing CEAS on Closed Examination Cases
(1) Correspondence Examination Automation Support (CEAS), is a web-based application that was developed to enhance the examination process. CEAS interacts with Report Generation Software (RGS), an audit software program that supports an electronic case file and is used from pre-audit through case closure, and is used to access CEAS.
(2) ACS employees may access CEAS on closed Examination cases to provide access to the Tax Examiner’s notes. This will enable them to inform taxpayers of the issues raised on the audit and advise them of the documentation that can be submitted for the audit reconsideration process.
Note: If you do not have access to CEAS/RGS (or CEAS/RGS is not available), follow procedures in the fifth row of the table under IRM 5.19.1.4.3(4), Determine Correct Tax Liability (labeled “Audit Reconsideration).
(3) Closed Examination cases may be identified by AIMS ST 90. See 6209, Section 12 – Examination, 5-5 – Audit Information Management System (AIMS) - Status and Location.
Caution: DO NOT input changes to Examination cases on CEAS.
(4) See IRM 4.10.15.1.6.1, User Support for RGS and CEAS, and IRM 4.10.15.3, Requesting Access to RGS and CEAS, for information concerning system access.
Note: Users must login to CEAS through RGS at least every 45 days or the account will be disabled.
(5) Look up the SSN (including dashes) of the Closed Exam case.
Select the View Detail icon in the response displayed.
Select the “RAR” file.
Print the PDF file. Mail the PDF file to the taxpayer. See IRM 21.3.3.4.17, Outgoing Correspondence, and IRM 21.1.3.9, Mailing and Faxing Tax Account Information.
Note: Fax the PDF file to the taxpayer if they request it.
The date listed is the date all the files were loaded to CEAS/RGS.
File names contain the actual use date.
Basic Examination Statuses and Letters:
If ... | Then ... |
---|---|
AIMS ST 10, | Letter 566, Initial Contact Letter (ICL), issued. This is the first letter sent to the taxpayer to notify them of an audit. |
AIMS ST 22, | Letter 525, General 30 Day Letter, issued. It represents the second letter for the audit. The taxpayer is given a detailed computation of the amount of their tax and is informed of the courses of action they can take if they do not agree with the proposed adjustment. |
AIMS ST 24, | Letter 3219C, Statutory Notice of Deficiency, issued. This notice is formally proposing the assessment. This is the taxpayer’s last opportunity to respond prior to assessment. Letter 555, Notification of Findings Based on Taxpayer Data - Tax Liability may be sent if the taxpayer responds to the statutory notice, but the information submitted was not sufficient to change liability. |
(6) Literals:
If the Account is ... | Then ... |
---|---|
On ACS (IDRS ST 22), | Input "OADT, 00,ACSCES" |
Not on ACS (IDRS ST 22), | Use ACTON to input ENMOD history item "ACSCEAS" |
(7) Document AMS History with the CEAS information shared with the taxpayer.
Example: Accessed CEAS/RGS. Mailed/Faxed TP Exam report for 30/201712.
Example: Accessed CEAS/RGS. Based on CEAS data, advised TP to send in birth certificate for dependent.
Tax Liability Determined
(1) This subsection provides the steps for continuing the interview/research process for a balance due and/or return delinquency account.
Full Compliance Check
(1) A full compliance check is required to identify if the taxpayer filed and paid all types of tax, penalties and interest for which they are liable. Research IDRS to check for cross-reference IMF/BMF TINs. Ensure balance due and return delinquency modules, including cross-reference taxpayer identification numbers displayed on all MFs, are identified. Document full compliance check on AMS.
(2) Always review comments on AMS and IDRS to determine whether a full compliance check (FCC) was previously performed. If completed within the last 30 days, it is not necessary to perform it again.
Note: For ACS users, ensure you also review the ACSWeb Comments screen.
(3) Establish whether the taxpayer filed all returns as required in IRM 5.19.2.6.4.6, IMF - Determining Liability, and IRM 5.19.22.5.3, BMF Return Delinquency Responses and Inquiries, (or a module was closed or can be closed, with a satisfying transaction code). Individuals in business as sole proprietors must be in compliance with both individual and business filing requirements, including the following guidelines:
If TDI modules closed with a TC 598, you must satisfy these modules by securing a tax return or making a determination the taxpayer is not required to file.
If the taxpayer is required to file, request the returns and reverse the TDI modules with a TC 592 with no cc.
Determine liability to file; for IMF, see IRM 5.19.2.6.4.6, IMF - Determining Liability. For BMF, see IRM 5.19.22.5.3, BMF Return Delinquency Responses and Inquiries.
Note: See paragraphs (4)-(5) for procedures addressing current year returns and exception for 2020 and 2021 tax returns.
(4) IAs cannot be established if a return is required to be filed. When speaking to the taxpayer, address compliance on current year return filing as follows:
If the taxpayer contact date is... | Then ... |
---|---|
It is before:
| Ask the taxpayer if the return was filed:
|
It is within:
| Ask the taxpayer if the return was filed:
|
It is more than:
| The taxpayer has not filed all required returns; you cannot grant an IA without securing the returns. The taxpayer does not meet pending IA criteria. See IRM 5.19.1.6.4.7.1, Requests Not Meeting Pending IA Criteria. Note: If the taxpayer is eligible for CNC hardship but has unfiled returns, IRM 5.19.17.2.4(4)-(5), CNC Unable to Pay - Hardship. |
Exception: If the taxpayer states they have filed their 2020 or 2021 tax return, you can grant an IA even if a 2020 and 2021 tax return does not appear on IDRS or Master File after 10 weeks through December 31, 2022. This is due to delayed processing related to COVID-19.
(5) While working correspondence, compliance should be addressed on the current year return as follows:
If ... | Then ... |
---|---|
It is before:
| Process the correspondence. Continue with normal case processing; securing the return is not required. |
It is within:
| Process the correspondence. Continue with normal case processing; securing the return is not required. |
It is more than:
|
|
Exception: You can grant an IA even if a 2020 and 2021 tax return does not appear on IDRS or Master File after 10 weeks through December 31, 2022. This is due to delayed processing related to COVID-19.
(6) If the taxpayer is liable to file and needs income information to file the return, use the Transcript Delivery System (TDS); for additional information, see IRM 21.2.3.4, TDS Transcript Delivery Methods. TDS delivers tax account and return information to the taxpayer with an appropriate cover letter.
(7) If the taxpayer is liable to file, instruct them to file as follows:
All balance due modules are in Notice Status (& ST 02): Advise the taxpayer to mail the missing return to the appropriate CSCO mailing address.
Any balance due module is in ST 22 (& ST 03): Advise the taxpayer to mail the missing return to the appropriate ACSS Site based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping).
For no balance due modules, ST 02 or ST 03, including accounts where it is assigned 8000 but there is no Dummy TC 150 present on the module, direct the taxpayer to mail the missing return to the appropriate address using SERP, Who/Where, Where to File - Forms and Payments.
If the return delinquency is in ASFR and the taxpayer has received an ASFR notice, direct the taxpayer to mail the return to ASFR site's address that appears on the notice. See IRM 5.18.1.6.1(1), ASFR TC 971 AC 143, for instructions on how to identify an ASFR started case.
Express Filing Compliance Check
(1) Employees may use the Express Filing Compliance Check when performing the compliance check for SIAs.
(2) Express Filing Compliance Checks will be performed using the following guidelines:
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
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Note: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
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(3) Taxpayers who meet the above criteria, have no other filing compliance issues and otherwise qualify for a SIA, will be considered to be in filing compliance.
(4) The Express Filing Compliance Check does not apply to:
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Note: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Reminder: Taxpayers who are not in filing compliance (per the above criteria) do not qualify for Pending IA criteria and do not qualify for treatment under these procedures.
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(1) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
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(3) ≡ ≡ ≡
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(5) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Balance Due Taxpayer Education (Cause and Cure)
(1) In order to prevent future tax delinquencies, it is important to determine what caused the taxpayers current balance due or return delinquency; once you understand the reason for the problem, you can recommend a cure or plan of action the taxpayer can follow to prevent the problem from recurring. Unless the taxpayer corrected the problem and the current year return is full paid, you must do this while on the phone or when answering correspondence. Document in AMS comments cause, cure and compliance (CCC) was completed.
Note: If cause, cure and compliance is entered in AMS or IDRS comments and there are no new delinquencies since the initial cause and cure discussion, you are not required to address cause and cure again.
(2) If the account is a balance due, it is important to remember, in general, tax withheld from wages, pension, or annuity income, estimated tax payments, or a combination of both must constitute either 90% of the tax liability for the taxable year or 100% of the tax liability for the preceding taxable year; for further guidance and exception criteria:
See IRM 20.1.3.3.1.1, Determining the Required Annual Payment
See IRM 20.1.3.4.1.1, Determining the Required Payment Amount
(3) If the account is a return delinquency or there are unfiled returns due within the period specified in IRM 5.19.2.6.4.6, IMF - Determining Liability, or IRM 5.19.22.5.3.1, BMF Response with No Returns, educate the taxpayer about their filing requirements; for additional information. IRM 5.19.1.4.4.1, Full Compliance Check.
(4) You must do this when speaking to the taxpayer via phone or when answering correspondence.
(5) The following are typical examples of causes and cures:
Causes ... | Cures ... |
---|---|
The taxpayer does not have enough income tax withheld from wages. |
|
The taxpayer adjusted withholding during the year, but still owes tax on the current year because of the withholding rate for the earlier part of the year. |
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The taxpayer does not make estimated tax payments because they are unaware of or do not understand the requirements. |
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The taxpayer is not making Federal Tax Deposits for employment, excise or corporate taxes. |
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The taxpayer did not file because they did not know how to complete a tax form. | Advise the taxpayer assistance is available each filing season:
Note: See IRM 21.3.4.11(2), Return Preparation Referrals, and IRM 21.3.5.4.4.1, Directing Taxpayers to Taxpayer Assistance Centers (TAC). |
The taxpayer states they do not have the income information to file prior year returns. | Provide income information via TDS, or CC IRPTRW; if needed, send the corresponding tax forms via ELITE, see IRM 21.2.1.10, Enterprise Logistics Information Technology [ELITE]. |
(6) Document in AMS comments cause, cure and compliance (CCC) was completed.
Balance Due Collection Statute Expiration Date (CSED) Considerations
(1) You must consider the Collection Statute Expiration Date (CSED) when addressing a balance due account. The CSED is a time period established by law to collect taxes. The CSED is normally ten years from the date of an assessment; however, a number of events, such as the filing of an Innocent Spouse claim or bankruptcy will suspend the ten year period. Guidance for determining the CSED can be found in IRM 25.6.1.12, Collection Statute Expiration Date.
(2) If full payment cannot be secured by the CSED, and the taxpayer has some ability to pay, the government can grant a partial PPIA. If any modules will not be full paid prior to the CSED and the taxpayer has some ability to pay, consider a PPIA. See IRM 5.19.1.6.5, PPIA.
(3) If a PPIA is being considered, a financial statement is required to determine the taxpayer's ability to pay, you must use the IAT Compliance Suite Payment Calculator or CC ICOMP to calculate full payment and determine if the account will full pay before any CSED expires.
Balance Due Collection Mail Procedures
(1) Collection clerks use IRM 5.19.16.5, SBSE Fast Scan Procedures Overview, to process incoming mail. "First Read" procedures are no longer used.
Unpostable Identification and Resolution
(1) Each IDRS transaction is subjected to a series of validity checks prior to posting to the Master File. Unpostables are transactions that cannot post to the IDRS Master File. A transaction is termed unpostable when it fails to pass any of the validity checks and is then returned to the campus for corrective action(s). See IRM 21.5.5, Unpostables.
(2) An unpostable transaction will appear in the Pending Transaction Section of CC TXMODA, along with a pending transaction identification code. The format includes the letter U followed by a three-digit numeric code (UNNN) called an unpostable code (UPC). A UPC may also be followed by a Reason Code (RC), a one-digit number between 0 and 9. The UPC and RC indicates the cause of the unpostable. UPC and RCs definitions are listed in Document 6209, Section 8B Master File Codes (Unpostable and Resequence), and the IAT Code Search Index (CSI) Tool.
(3) Employees are responsible for:
Recognizing the reason for unpostable conditions,
Preventing unpostable conditions when transferring payments and making changes to taxpayer's accounts, and
Resolving unpostable conditions created by adjustment actions. Employees may encounter unpostables when answering taxpayer inquiries, or when his/her own adjustment case is returned for resolution. If after research, it is determined there is no corrective action to be taken to the unpostable condition, the open control base on CC TXMODA must be closed. See IRM 21.5.5.4.2, Resolving Unpostables.
(4) It is critical that all unpostable cases are worked within seven business days of receipt (or identification).
(5) Managers should refer to IRM 1.4.20, Filing & Payment Compliance Managers Handbook, for managerial review and oversight of unpostable resolution.
Balance Due Special Considerations
(1) This subsection provides additional guidelines for handling balance due accounts for the following types of casework:
NMF Balance Due Accounts
Insolvency issues
Deceased Taxpayers
TFRP issues
Credit Offset (TC 130)
FERDI issues
Disaster/Emergency Relief
Military Deferment
Tax Court Cases
Killed in Terrorist Action (KITA), Killed in Action (KIA), and Astronauts Killed in the Line of Duty
Taxpayers Taken Hostage in Terrorist Action (HSTG)
Criminal Investigation Division Indicators (CID) on balance due cases
LLC Accounts
Criminal Restitution Assessments
Affordable Care Act
Erroneous Refunds
Innocent Spouse
Passport Certification in Case of Certain Tax Debts
Pension Benefit Plans
Private Debt Collection
Special Compliance Personnel (SCP) Program
CSCO Manual Refund Processing
NMF Balance Due Accounts
(1) The Automated Non-Master File (ANMF) System is an accounting and data control of NMF accounts. The following instructions pertain only to automated NMF accounts.
(2) NMF accounts are established by Accounting Operations and maintained on the ANMF database for accounting of the tax assessments and collection of revenue.
(3) A NMF account reflects an assessment of tax from a return or another source document and, by itself, usually does not represent the entire liability for a tax period. A separate NMF account establishes for each additional tax assessment.
(4) NMF is subject to the same examination, criminal investigation, and general data processing criteria as the MF.
(5) Input a history item on the ANMF System for each period involved whenever an action is taken on the account.
Caution: Any NMF account on IDRS, regardless of status, is only an information item and not necessarily an accurate picture of the current status of the account.
NMF Notice Responses
(1) NMF responses are received from a taxpayer due to a notice issued by Accounting Operations.
Note: For calls regarding NMF notices received other than via 833-972-8965, the CSR may answer questions if they have the ability and expertise to do so; if not, ask the taxpayer to call 833-972-8965, at which a specialist is available to help. DO NOT REFER CALLS ON OTHER ISSUES TO THIS NUMBER. ALSO, THIS TOLL FREE NUMBER IS FOR CALLS FROM TAXPAYERS OR TAXPAYER REPRESENTATIVES ONLY; for additional information, see IRM 21.7.12.5.1, NMF Toll-Free and Non Toll-Free Number.
(2) Review CC ENMOD on the MF for a TC 130 ("V-" freeze) on all responses; if TC 130 is not present, follow procedures for input instructions. See IRM 5.19.10.3, Credit Offsets.
(3) Take the following actions on AAB (CC SUMRY) due on NMF accounts less than established criteria; for additional information for balance due amounts for individuals or businesses, see IRM 5.19.1.5.1.1, NMF Notice Responses.
If ... | Then ... |
---|---|
The taxpayer states they are unable to pay |
Note: If taxpayer does not qualify for a CNC Exception 5.19.17.2.4.1(1), CNC Exception Processing), you must review their financial statement to determine if taxpayer qualifies for a CNC, IRM 5.19.17, Campus Currently Not Collectible and Offers in Compromise |
The taxpayer requests additional time to pay |
Note: The maximum time to allow for a Short Term Payment Plan is 180 days. |
The notice response indicates a deceased, bankrupt or incarcerated taxpayer |
|
(4) Take the following actions on NMF responses with an AAB (CC SUMRY) due of more than ≡ ≡ ≡ ≡ for individuals and ≡ ≡ ≡ ≡ for businesses:
If ... | Then ... |
---|---|
The taxpayer requests additional time to pay |
|
The taxpayer states they are unable to pay |
|
The notice response indicates a deceased, bankrupt or incarcerated taxpayer |
|
(5) Take the following actions if the taxpayer indicates they filed an appeal with the U.S. Tax Court:
Notify Accounting Operations to input TC 470 with the appropriate cc.
Caution: Only advise Accounting Operations to input 470 with cc 90 when an account will go to ST 12 due to full payment. See IRM 5.1.15, Abatements, Reconsiderations and Adjustments.
Request TC 470 cc 90 on the account using Form 3177, Notice of Action for Entry on Master File, via Form 3210, Document Transmittal
Route the correspondence or Form 4442, Inquiry Referral, to the appropriate field Advisory Unit.
Input history on the ANMF System indicating the account was forwarded to the field
(6) Take appropriate actions when the taxpayer responds to any notice including a Form 9774, Annual Reminder Notice:
If ... | Then ... |
---|---|
The taxpayer requests a payoff amount or a third party indicating a willingness to pay the debt. IRM 5.19.1.2.3 , Disclosure Overview: Verifying Identity of Contact Party |
|
The taxpayer requests an IA |
|
CSCO Hard Copy NMF TDAs
(1) Input assignment code "6466" using CC ASGNI/CC ASGNB when the NMF TDA is received from Accounting Operations; for input procedures. See IRM 2.4.27, Command Code ASGNI/ASGNB (formerly TSIGN).
(2) Count each balance due Notice reply; if more than one notice is received with or without correspondence attached, count each notice response regardless of the MFT/tax period.
(3) If a MF account is in ST 22 and there is also a NMF balance due, all modules must be accelerated to the field and assigned to a RO.
(4) Do not take a count on clerical duties relating to balance due cases.
NMF Adjustment File
(1) CSCO receives a photocopy of cases in ST 89 for filing in the NMF Adjustment File.
Example: Primary taxpayer only, secondary taxpayer only, non-petitioning spouse, transferee/transferrer.
(2) Maintain the file by tickler system; a tickler system is a method used to remind you to take follow-up action on a case.
(3) Research IDRS and take actions listed in the chart below within 60 days after the adjustment is completed:
Caution: If the NMF account on IDRS is in ST 89, IDRS is only an information item and not necessarily an accurate picture of the ANMF.
If ... | Then ... |
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No balance remains |
|
There is a remaining balance due |
|
A potential refund situation exists following the adjustment action |
|
Insolvency Issues
(1) When a taxpayer files for protection under the Bankruptcy Code, collection actions are suspended. Generally, the Centralized Insolvency Operation (CIO) is responsible for inputting Transaction Code (TC) 520 to each module covered under the bankruptcy. This action terminates notice generation, aside from a first notice, and places the modules in ST 72.
Exception: TC 520 cc 84 does not automatically move to ST 72.
(2) Due to timing issues between the input of TC 520 and ACS account actions taken, enforcement action could be taken. To eliminate these violations, Insolvency accessed ACS to release levies and continue with necessary actions on bankruptcy cases.
(3) If the account is in ST 72, verify the TC 520 cc is for insolvency. (See Document 6209, IRS Processing Codes and Information, Section 11, TC 520 cc Chart.)
(4) Clearly document all actions outlined in this subsection on AMS comments.
(5) CSCO may receive Official Form 18, Discharge of Debtor, from various states. CSCO must route these forms to CIO:
Mailing Address | Private Delivery Service (PDS) Mailing Address |
---|---|
Centralized Insolvency Operation | Centralized Insolvency Operation |
Contacts Regarding Insolvency Issues
(1) Do not automatically refer the taxpayer to the CIO when contacted and all or part of the account is in ST 72. First, determine the reasons for the call or correspondence and address any non-insolvency related issues as appropriate.
(2) If the taxpayer is calling to request an IA for post-petition liabilities while in Chapter 13 bankruptcy, advise the taxpayer their IA request cannot be processed. Inform the taxpayer that voluntary payments can be made on post-petition periods, however.
Caution: This IA request is considered non processable. Do not input a TC 971 AC 043. See IRM 5.19.1.6.4.7, Pending IA Criteria.
(3) If the taxpayer is calling to request an IA after discharge from a Chapter 7 bankruptcy, and some modules on the account remain in ST 72, contact CIO to determine if it is permissible to grant an IA on only the modules not in ST 72.
Refer the taxpayer to the CIO toll free number, 800-973-0424, for questions regarding the bankruptcy proceedings, or you may transfer the call as shown below:
For correspondence, refer the inquiry to the CIO via Form 4442, Inquiry Referral, and EEFax it to CIO at ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡.
Function ... | UCCE Extension ... |
---|---|
CIO | 1618 |
(4) When receiving refund inquiries and a bankruptcy freeze is on an account:
If ... | Then ... |
---|---|
TC 846 is present | Provide the caller with the expected refund date Reminder: Do not contact the CIO concerning a refund when TC 846 is present. |
TC 810 with "RESP-U-CD>3" (Earned Income Tax Credit freeze) is present, | Advise the taxpayer a review for the EITC amount is in process |
Both TC 846 and TC 840 with "RESP-U-CD>3" is present (partial refund is generating while an EITC freeze is on the account) | Explain to the taxpayer the refund they will initially receive is the amount not subject to EITC review |
(5) When the taxpayer needs immediate resolution to a NFTL or levy and their account is in ST 72 or they claim they are currently in bankruptcy, provide the CIO toll free number: 800-973-0424.
Note: For proper case routing of cases in ST 72, 22, 71, and 26, follow the TC 520 cc chart with definitions in Document 6209, IRS Processing Codes and Information. For example, cases in 72 may show TC 520 cc indicating CDP/Appeals, Bankruptcy, Litigation, Tax Court, Civil Penalty with Appeal Rights.”
(6) DO NOT prepare a Form 4442, Inquiry Referral, if the tool:
Allows you to establish an IA; or
Instructs you to refer the taxpayer to the CIO toll free number.
Insolvency Debt - Discharged, Written Off or Forgiven
(1) When the taxpayer states the debt was discharged written off or forgiven, follow the procedures in the chart below:
If ... | Then ... |
---|---|
All Notice Statuses |
|
The account is in ACS (ST 22) |
|
Bankruptcy Filed
(1) If the taxpayer states they already filed bankruptcy, but the account is not ST 72, request and use AMS Form 4442, Inquiry Referral, to document the following information from the caller:
Note: CSCO transfers or routes all ST 22 cases to the appropriate ACS site.
Current status of the taxpayer’s bankruptcy (either opened or closed)
Date the petition was filed
Court location where the bankruptcy was filed
Case (docket) number
Chapter under which the bankruptcy was filed
Discharge date if applicable
TIN(s)
Method of closure (dismissal or discharge) and the closure date (or general time frame) if the case is closed.
(2) Form 4442 - Additional information and routing procedures:
Include on the form when a levy (including FPLP) or a NFTL was recently requested.
Fax it to Philadelphia CIO at ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡.
(3) Delay Collection - Follow the appropriate procedure below:
For Notice Status modules, input a CC STAUP to the next status for nine cycles.
For ACS accounts, reassign to "TOR4,45" and release all levies.
Will File Bankruptcy
(1) When the taxpayer states they will file bankruptcy, follow the appropriate procedures outlined in this subsection. Advise the taxpayer, as soon as the bankruptcy is filed, to immediately mail a copy of the bankruptcy to:
Mailing Address | PDS Mailing Address |
---|---|
Centralized Insolvency Operation | Centralized Insolvency Operation |
(2) If the balance due meets or exceeds established criteria, make a NFTL determination and advise the taxpayer of NFTL filing when appropriate; for criteria; for NFTL filing procedures, see IRM 5.19.4.5.3.1(2), Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
Reminder: Annotate AMS with the NFTL determination.
(3) When working correspondence, advise the taxpayer of NFTL filing by sending Letter 2603C, Notice of Federal Tax Lien Will be Filed with Installment Agreement, to the taxpayer. When necessary, request a NFTL be filed immediately. For additional information, see IRM 5.19.4.5, Notice of Federal Tax Lien Determinations and Filing Criteria, and IRM 5.19.4.6, Procedures for Filing Liens.
(4) When working correspondence, you are required to resolve any issue under your authority and dispose of the document(s) in classified waste. Forward questions not under your authority to the appropriate operation. Use Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to notify the taxpayer. Follow Action 61 procedures in IRM 21.3.3.4.2.1, Use of 86C Letter - Referring Taxpayer Inquiry/Forms to Another Office.
(5) Delay Collection - Follow appropriate procedures below:
For Notice Status accounts, input CC STAUP 09 to the next status
For ST 64, input CC STAUP 2209
For ST 22 accounts, reassign to "TOXX,60", where XX =:
When the follow up period expires and the account is still ST 22, proceed with normal processing.
E2 if a levy source is available and LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), was not issued
E3 if a levy source is available and LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), was issued
I2 if there is no levy source.
Note: If the account is in S8, contact the ACS CDP Coordinator and do not remove from S8.
Insolvency Request for ACS
(1) Insolvency may request ACS take one of the following actions listed in the chart below:
If Insolvency requests ... | Then ... |
---|---|
An account transferred to a RO | Enter History Code "TOI7,TFRO", and document AMS with "AOTOXXXX" (where "XXXX" = the RO collection assignment number). See IRM 5.19.5.8.4, I7 - Transfers Actions. |
An account transferred to them | Enter History Code "TOI7,TFRO", and document AMS with "XXXXXXXX" (where "XXXXXXXX" = the assignment code provided by Insolvency). See IRM 5.19.5.8.4, I7 - Transfers Actions. |
Collection be pursued |
|
Insolvency - Short Term Payment Plan/IA Requests on Post-Petition Periods
(1) A Post-petition period(s) is a tax period that ends after the date of filing of the bankruptcy petition. The exception is employment taxes which are divisible by payroll date. The Bankruptcy Reform Act of 1994 (BRA94) granted permission to assess pre-petition tax periods while the debtor is under the protection of the automatic stay. Therefore, a pre-petition tax can be assessed after the petition date.
(2) Effective 03-23-2015, a request for an IA (or Short Term Payment Plan) on post-petition liabilities is non-processable when a taxpayer is in bankruptcy (unless the IA request meets Guaranteed IA criteria. See IRM 5.19.1.6.4(8), IAs). Employees should contact CIO to determine the current status of the bankruptcy and what collection actions, if any, are appropriate to each specific case with post-petition liabilities and follow CIO guidance. Procedures for allowing IAs vary among bankruptcy court jurisdictions. Insolvency must approve Short Term Payment Plan and an IA on post-petition periods. To determine if an account qualifies, see IRM 5.19.1.5.2.1(1), Contacts Regarding Insolvency Issues. Employees should not establish IAs on post-petition liabilities when there are open modules in bankruptcy, unless directed to by CIO.
Note: In this situation, before referring an account to CIO, ensure the taxpayer is in bankruptcy.
Example: If there is a TC 520 CC 76 or cc 77 on the ST 72 modules, the account is in CDP; these cases are referred to the ACS CDP Coordinator.
Reminder: Always follow CIO's direction on whether or not a Short Term Payment Plan or an IA can be granted on the post-petition periods; local law and practices in each state may vary.
(3) Upon receipt of Form 9465, Installment Agreement Request, or any IA (or Short Term Payment Plan) request on post-petition liabilities while the taxpayer is in bankruptcy, CIO will:
Issue Letter 2272C, Installment Agreement Cannot Be Considered, to the taxpayer.
If there is documentation about receipt of the request, on AMS, document the AMS history stating that the IA request is non-processable due to bankruptcy and that Letter 2272C, Installment Agreement Cannot Be Considered, was sent to the taxpayer.
Input a TC 520 cc 84 on the post-petition modules on IDRS using the bankruptcy petition date as the TC 520 date.
Add all TC 520 cc 84s added to modules on IDRS to the Automated Insolvency System (AIS) Freeze Screen. This will allow systemic reversal of the TC 520 during case closure.
If the aggregate Unpaid Balance of Assessment (UBA) on all post-petition periods is $10,000 or more, CIO will determine if the liability was addressed when a New Assessment Litigation Transcript System (LTS) transcript generated. If the post-petition liability was addressed by Field Insolvency (FI) when a LTS transcript generated, CIO will go to Step g below. If the post-petition liability was not addressed previously, CIO will reassign the case to FI. CIO and FI will follow guidance in IRM 5.9.16.2.2 (2), "New Assessment" Reports.
If the post-petition module is in ST 22, CIO will check the ACS system. If a levy was issued on the debtor’s wages, CIO will release the levy and move the case to R4, which is a protected inventory. If no levy was issued, then CIO will move the case to R4.
Notate all actions in the AIS case history.
Note: Post-petition IA requests submitted by taxpayers who had a pre-petition IA are also considered non-processable. The taxpayer may not be granted a post-petition IA, nor is the taxpayer eligible to have the pre-petition IA reinstated. In addition to issuing Letter 2272C, Installment Agreement Cannot Be Considered, CIO will follow the steps in IRM 5.9.17-5, Installment Agreement Cannot Be Reinstated.
(4) When contacting CIO for approval, tell the taxpayer you will contact them within 30 days. Open a control base on IDRS and follow up with the appropriate interim letter or phone call if resolution is not completed within the 30 days. Update AMS comments actions taken.
(5) After attempting contact with the Insolvency Unit by EEFax, if you do not receive a response within 21 days, contact them to follow up on the initial request. If you do not receive a response within 14 days after the follow up, refer the case to your manager for contact with the Insolvency Unit manager. Follow up with the taxpayer by sending the appropriate interim letter or by phone call.
(6) If an IA is granted, and the TC 520 cc is 60, 62, 64 or 66, it can be included in the IA and input on IDRS using CC IAGRE. For all other codes, refer to related procedures. IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA.
(7) If a Short Term Payment Plan is granted, refer to applicable procedures. IRM 5.19.1.6, Methods of Payment.
(8) When receiving an IA request by correspondence, and modules are in ST 72, and the Bankruptcy Chapter is not available route to:
Mailing Address | PDS Mailing Address |
---|---|
Centralized Insolvency Operation | Centralized Insolvency Operation |
(9) Notify the taxpayer of the referral by sending Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office.
(10) Previously, Chapter 13 taxpayers in certain jurisdictions may have been granted an IA for post-petition liabilities. This practice will not be continued, as there is potential for a stay violation. For those cases where a post-petition IA has already been granted and the taxpayer had a pre-petition IA for liabilities not discharged by the bankruptcy, CIO will send Letter 2975C, Notice of Intent to Levy - Intent to Terminate Your Installment Agreement, to the taxpayer at case closure.
Deceased Taxpayers
(1) General processing guidelines:
Except as otherwise noted throughout the following procedures, all procedures apply to contacts by phone, correspondence, or in person. For ACS employees working R4 Inventory, use guidelines in IRM 5.19.5.7.4.2, Decedent, to process decedent cases.
Reminder: If a Decedent account includes any modules in ST 22, and you have no access to the ACS system, transfer the correspondence to the appropriate ACSS Site based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping) or the call to the appropriate ACS toll free number using the Telephone Transfer Guide.
Decedent procedures apply to IMF, BMF sole proprietorship, and BMF partnership accounts.
All information gathered and actions taken (including NFTL determinations) on Decedent accounts are to be documented in AMS. Asset information may be documented in the AMS narrative or AMS Financial screen. If AMS is not available, document on CC ENMOD or CC TXMODA as appropriate.
If at any time original documents are received, make copies and return the originals to the provider.
Reminder: Faxes are copies and do not need to be handled as originals.
See IRM 11.3.2.4.11, Deceased Individuals, for disclosure information on Decedent accounts. Secure Form 56, Notice Concerning Fiduciary Relationship, when necessary to prove the creation or termination of a fiduciary relationship. Secure authorized representative forms (Form 2848, Power of Attorney and Declaration of Representative/Form 8821, Tax Information Authorization) when necessary to verify an authorized representative.
Caution: A third party authorization (Form 2848, Power of Attorney and Declaration of Representative, Form 8821, Tax Information Authorization, or oral taxpayer information authorization) expires with the death of the taxpayer. An executor or administrator is appointed to act in place of the decedent and may provide a new authorization.
A NFTL determination is required on all Decedent accounts. If personal or real property is identified during internal/external research as described below, a NFTL is to be filed. Neither a fiduciary’s name nor the fiduciary’s address is to appear on the NFTL. If a fiduciary’s address has been added to the account:
Document the address of real property owned by the decedent prior to death in AMS comments.
If the decedent did not own real property, document the decedent’s last known address in AMS comments.
Document that neither the fiduciary’s name nor address should be used when filing the NFTL
Enter "FM10" twice when requesting the NFTL.
See IRM 5.19.4.5, Notice of Federal Tax Lien Determinations and Filing Criteria, for NFTL procedures.
Document the address of real property owned by the decedent prior to death in AMS comments.
If the decedent did not own real property, document the decedent’s last known address in AMS comments.
Enter decedent’s name and the appropriate address on Form 12636, Request for Filing or Refiling Notice of Federal Tax NFTL, when filing the NFTL
See IRM 5.19.4.5, Notice of Federal Tax Lien Determinations and Filing Criteria, for NFTL procedures.
When it becomes necessary to suspend a case while waiting for additional information that is not available during the phone contact or in correspondence:
If procedures require the input of ACS history code TOR4 and the case is already in R4, use of history code OADT is acceptable.
When sending referrals per the following procedures, include all supporting documents secured (e.g. copies of death certificate, wills, letters testamentary, Credit Bureau reports, etc.). Additionally, document research work undertaken, the NFTL determination, and attempts to contact the fiduciary on the referral.
If communication is with a liable surviving party and the following decedent procedures require transfer to a Revenue Officer or referral to an Advisory Unit, document the liable party’s payment ability and transfer/refer the case. IRM 5.19.1.5.3.1, Deceased Taxpayer- Balance Due Actions, when communicating with a liable surviving party.
Normal out call procedures and requirements apply when making out calls on Decedent accounts.
If ... | Then ... |
---|---|
ST 22 account, | |
Notice Status account, |
If ... | Then ... |
---|---|
ST 22 account | Based on the address and BOD of the account, provide the appropriate ACSS mailing address based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping). Enter history code "TOR4, XX,DECD" (XX = promised mailing time frame plus 15 days) |
Notice status account | Based on the address and BOD of the account, provide the appropriate CSCO mailing address and enter CC STAUP 22XX (XX = promised mailing time plus 6 cycles). |
Note: Only TDA or TDA/TDI combo cases are to be referred to Advisory. Do not refer TDI only decedent accounts to Advisory.
(2) Attempt to secure the following information on all contacts regarding the death of a taxpayer and document the results:
Date of death (unless a TC 540 is already present).
County in which the taxpayer died.
County in which the taxpayer resided at the time of death.
Name, address, telephone number, and address of the fiduciary (executor or administrator), if any.
Name and telephone number of person who is calling if different than paragraph d) above in the event additional information is needed from them.
If on a phone call and the caller is able to EEFax the documents during the call, ask them to EEFax the letters testamentary and probate/estate inventory. These documents, when available, are to be attached to all referrals to Advisory.
Note: If a date of death is not present on CC INOLE, attempt to secure a copy of the death certificate.
(3) Ask if assets were separately or jointly owned by the Decedent (e.g. real estate, accounts, stocks, bonds, pension plans, IRAs, other). Use the following table to probe for location and type of assets available:
Type Of Asset | Probing Questions |
---|---|
Real estate |
|
Bank Accounts |
|
Stocks/Bonds |
|
Pensions/IRAs |
|
Other |
|
(4) Ask if there is an open probate.
Use the following table when there is an open probate (a judicially controlled process):
Request the court location and the docket number of the proceedings.
Prepare Form 4442, Inquiry Referral, with attachments/documents and EEFax or mail to appropriate Advisory Unit for a Proof of Claim determination.
If account is in Notice Status input a CC STAUP to the next status for 9 cycles. If the account is in ST 22, assign the case "TOR4, 45,DECD".
There may be instances in which the caller or correspondence states there are assets available but based on state law no probate is required. When that is the case, prepare Form 4442, Inquiry Referral, with attachments/documents and EEFax or mail to the appropriate Advisory Unit.
If there are no remaining assets or the probate has closed, probe for information concerning any assets held by the decedent at the time of death that were dispersed even if there was not a requirement by the state to file probate.
If ... | Then ... |
---|---|
There is no TC 520 with cc 80 or 81 present | |
There is an unreversed TC 520 with cc 80 or 81 present | Prepare Form 4442, Inquiry Referral, with attachments/documents and EEFax or mail to appropriate Advisory Unit. |
If ... | Then ... |
---|---|
Assets were dispersed | Refer the case to the appropriate Advisory Unit via Form 4442, Inquiry Referral, with all attachments/documents. Continue to paragraph (6) |
There were no assets dispersed | Continue to paragraph (6). |
(5) If the information in paragraphs (2) - (3) is not available, take the following actions in the order listed to secure it. Stop at the point the needed information is attained.
Research internal sources including CC IRPTR and CC RTVUE in the year prior to, year of, and years following death to identify potential assets. Additionally, secure a Custom Comprehensive People Search report (Accurint) from the current Locator Service vendor, if available. This report provides the date and county of death, as well as asset and locator information.
If working correspondence or R4 inventory and a phone number is available, call the fiduciary or surviving liable party (i.e. surviving spouse or Partner in a BMF Partnership).
When receiving the information from a third party by phone and the account is ST 22, assign the case "TOR4,00,DECD" for contact attempt with the fiduciary or surviving liable party. When receiving the information from a third party by phone and the account is in Notice Status, prepare Form 4442, Inquiry Referral. Based on the address and BOD of the account route to the appropriate CSCO site for contact attempt with the fiduciary or surviving liable party. If unable to reach the fiduciary or liable surviving party after two contact attempts, continue to paragraph d).
If not previously sent, issue IDRS Letter 2268C, Request for Information/Delinquent Return for a Deceased Taxpayer, to request the information. Overlay the name line of the letter to include "Estate Of". If the account is in Notice Status, input a CC STAUP to the next status for 9 cycles. If the account is in ST 22, assign the case "TOR4, 30,DECD".
(6) When contact is with the fiduciary, conduct a full compliance check per IRM 5.19.1.4.4.1, Full Compliance Check, make note of all cross-referenced accounts (i.e. IMF, BMF sole proprietor, or LLC partnership), a partnership can be a member of an LLC. For additional information on LLC accounts, refer to IRM 5.19.1.5.14 LLC Accounts. Request any tax returns that are due, and establish a deadline for filing any delinquent returns identified. See IRM 5.19.2.6.4.6.6, IMF Response Taxpayer Deceased, for IMF Return Delinquency and IRM 5.19.22.5.3.1.2.1, BMF Response Taxpayer Deceased, for BMF Return Delinquency procedures.
(7) Use the following tables if all actions from paragraph (5) have been taken and decedent information has not been secured.
If ... | And ... | Then ... |
---|---|---|
ST 22 account (with or without date of death on CC INOLE) | Usable levy source(s) present | See IRM 5.19.4.3, Levy Information, for levy procedures and requirements and issue levies or take pre-levy action as necessary. |
Notice status account with date of death on CC INOLE | Usable levy source(s) present | Input CC STAUP 2200 |
ST 22 or Notice Status account with date of death on CC INOLE | No usable levy source(s) present | IRM 5.19.1.5.3.1, Deceased Taxpayer- Balance Due Actions |
Notice status account | No date of death on CC INOLE | Input CC STAUP 2200 |
Note: Usable levy sources are sources for either the decedent or a surviving liable party that can be levied by ACS. See IRM 5.19.4.3.7(1), Choosing a Levy Source, for levy sources that are not levied by ACS.
Deceased Taxpayer - Balance Due Actions
(1) Follow existing procedures to update an account to ST 26 for any decedent account in which the deceased owned real property secured by a NFTL at the time of death. These accounts are to be assigned to a Revenue Officer. The Revenue Officer will determine the need for any required collection.
ST 22 accounts: Enter "TOI7,TFRO" and document AMS with definer 6501 or 6566. See IRM 5.19.5.8.4, I7 - Transfers Actions.
Notice status accounts: Input CC STAUP 2200, TSIGN 6401 or 6466.
(2) If a CI freeze is present and per the following procedures TC 540 must be entered, input TC 540 then prepare Form 4442, Inquiry Referral, to refer the case to CI and:
ST 22 accounts: Enter history code "TOR4,45".
Notice status accounts: Input CC STAUP 2203.
(3) If there is no liable surviving party:
Input entity changes. IRM 5.19.1.5.3.2, Deceased Taxpayers - Entity Changes
Continue with paragraph (6), below.
(4) Use the following table if there is a liable surviving party:
If ... | Then ... |
---|---|
IMF and only the secondary taxpayer is deceased |
|
IMF and only the primary taxpayer is deceased |
|
BMF Partnership and there are one or more surviving partners |
|
(5) When the contact is by phone, conduct a tiered interview to determine the appropriate resolution for the liable party or estate. See IRM 5.19.1, Balance Due, for applicable balance due collection procedures.
(6) When the primary taxpayer is deceased, regardless of the balance owed, if neither the surviving liable party nor the estate show payment ability, input of TC 530 cc 08 will generate a TC 540 systemically on the account. If the account is in ST 22, send the case:
If ... | Then ... |
---|---|
If the AAB (CC SUMRY) due is less than ≡ ≡ ≡ ≡ ≡ ≡, | |
If the AAB (CC "TOS0, 21,CNC") due is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡, |
|
Note: If the decedent account includes Individual SRPs with other MFT 30 or MFT 31 modules, close all modules as CNC (cc 08).
Note: Decedent procedures apply to IMF, sole proprietorship and BMF partnership accounts (only if all liable partners are deceased).
(7) If the primary taxpayer is deceased and a TC 530 cc 08 is not input, the mail file requirement must be deleted. In these cases, input TC 540 for the year in which the taxpayer died.
Example: The primary taxpayer died in 2011. A surviving spouse, partner, or estate has the ability to pay. An IA is established. TC 540 must be input on 30 201112.
(8) If the liable surviving spouse's TIN is invalid on the joint account, input TC 130 on the liable surviving spouse's TIN.
Deceased Taxpayers - Entity Changes
(1) Make appropriate entity changes to IDRS CC ENMOD using IDRS CC ENREQ prior to closing the case. See IRM 3.13.5.118.9 , Inputting Name Changes for Deceased Taxpayers. Update all cross reference TINs as appropriate.
If ... | Then ... |
---|---|
The taxpayer is individual (FS1, FS3, FS4, or sole proprietor) |
|
IMF joint taxpayer or BMF Partnership | Enter "DECD" after the decedent’s name. If the decedent is the primary taxpayer, add the secondary taxpayer’s name as C/O on the second name line. Example: ROBERT DECD AND JILL FALCON Exception: If a fiduciary is present, enter the fiduciary name as C/O on the second name line. Example: WILLIAM DECD AND MARY HAWK |
(2) Input an "in-care-of" name line on the continuation of the primary name line and/or make an address change if a representative requests to be recorded as the contact point on the decedent’s account and has provided one of the following:
Completed Form 56, Notice Concerning Fiduciary Relationship. See IRM 5.5.1.7, Fiduciary Authority.
Court papers naming the person as a court-appointed or court certified personal representative for the estate of the deceased taxpayer.
A will, validated through the court.
(3) The items in paragraph (2) should be solicited by Fax if the caller has them available and can EEFax the information while on the call. If unable to secure by EEFax:
ST 22 accounts: Based on the address and BOD of the account, provide the appropriate ACSS mailing address based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping). Enter history code "TOR4, XX,DECD" (XX = promised mailing time frame plus 15 days).
Notice status accounts: Based on the address and BOD of the account, provide the appropriate CSCO mailing address and enter CC STAUP 22XX (XX = promised mailing time plus 6 cycles).
TFRP Issues
(1) The TFRP is assessed against any person required to collect, account for and pay over taxes held in trust by a business (i.e., withheld employment taxes or collected excise taxes) who willfully failed to perform any of these activities, or willfully attempted to evade or defeat any such tax or its payment. A person may be an officer, employee, or third party, and more than one person can be liable for the same liability. The responsible person is personally liable for the penalty which equals the amounts withheld and not turned over to the government. The assets of the responsible person may be used to satisfy the TFRP liability. See IRM 5.19.14, Trust Fund Recovery Penalty (TFRP), for specific guidelines and procedures for all accounts with TFRP issues.
(2) The TFRP program has been consolidated to the Ogden and Brookhaven Campus CSCO Operations. They are responsible for cross-referencing payments (TC 699, 697 and 538) and Form 3870, Request for Adjustment, on cases where a (TC 240 RN 618) is present.
(3) Balance due issues regarding TFRP assessments, whether Can't Pay, Won't Pay, Will Pay or Bankruptcy should be worked per normal procedures provided elsewhere in this IRM.
(4) Refer disputes regarding the assessment amount, claim forms, appeals and payment tracer issues to the TFRP Liaison.
TFRP Bankruptcy Situations
(1) When a taxpayer advises bankruptcy was filed: IRM 5.19.1.5.2.1.2, Bankruptcy Filed.
(2) ACS access only: Assign the case to R4 for follow up with the Advisory Unit and input the bankruptcy information in comments.
(3) Contact the Advisory Unit, outlining the facts and ascertain whether or not collection action should be suspended (TC 520).
(4) The Advisory Unit provides specific instructions about processing the case and may forward a Form 3870, Request for Adjustment, to the area responsible for the TFRP if the assessment needs to be abated.
(5) ACS access only: Document these instructions in comments.
(6) Contact the Advisory Unit when the taxpayer advises their corporation is in bankruptcy and trust fund taxes are being paid, or were paid in part or in full through the bankruptcy court.
(7) The Advisory Unit advises the area responsible for the TFRP when the taxes were paid through bankruptcy via Form 3870, Request for Adjustment.
Credit Offset (TC 130)
(1) Determine if a TC 130 should be input; for guidelines see IRM 5.19.10.3, Credit Offsets.
Note: Research entity to determine whether a TC 130 was previously input and is still in effect.
BMF TC 130 Procedures
(1) When closing a BMF account as a hardship, input the appropriate TC 130. Two separate TC 130 inputs may be required.
Input TC 130 on the BMF entity to offset BMF refunds to the IMF balance owed (if one was not previously input). This TC 130 must be input on all BMF accounts involving sole proprietors, general partners or sole members of an LLC (where the owner is identified as the liable taxpayer). For further information, see: IRM 5.1.12.21.2, Determine if TC 130 Input is Necessary, IRM 5.1.12.21.3, Request Refund Offset with TC 130, IRM 5.1.12.21.3.2, Offset an IMF Refund, and/or IRM 5.1.12.21.3.3, Offset a BMF Refund.
Note: If the single member owner is the liable taxpayer for LLC tax periods on or after January 1, 2009, it is treated as a corporation per 26 CFR 3301.7701-2 . Therefore, a TFRP investigation must be conducted and assessed if applicable. A TC 130 is not required as it is systemically uploaded to the IMF SSN when the TFRP is being assessed. Any refunds will offset from the IMF 1040 to the IMF MFT 55.
Input TC 130 on the IMF entity for all BMF accounts closed as hardship. The TC 130 on the IMF account will cause the BMF accounts to come out of CNC if the taxpayer files a personal return that shows the ability to pay the BMF obligation.
(2) When a TC 130 is required, use the following chart for the input information:
CC REQ77/CC FRM77 - Field Input | TC 130 on BMF Entity for Credit Offset | TC 130 on IMF Entity to Reactivate BMF CNC |
---|---|---|
TC | 130 | 130 |
TRANS-DT | Date of TC 130 input | Date of TC 130 input |
Closing Code | Intentionally Left Blank | cc used for the input of the TC 530 |
DLN | 000 | 000 |
XREF-TIN | SSN | EIN |
NM-CTRL | IMF NC (Optional) | BMF NC |
Federal Employee/Retiree Delinquency Initiative (FERDI)
(1) Refer to IRM 5.19.18, Federal Employee/Retiree Delinquency Initiative (FERDI), for instructions to process FERDI balance due cases.
Incarcerated Taxpayers
(1) Refer to IRM 5.19.17.2.5, Incarcerated Taxpayers, for instructions to process cases for incarcerated taxpayers.
Disaster/Emergency Relief
(1) When a disaster or emergency occurs, the President may declare the state a federal disaster area under the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act.
(2) A list of regions (such as counties, parishes or other political subdivisions) impacted by a designated disaster is compiled and provided by the Federal Emergency Management Agency (FEMA). The IRS then identifies the corresponding ZIP Codes for disaster processing purposes, and provides systemic relief for taxpayers located within a covered disaster area. The IRS Disaster Assistance Program website lists IRS assistance determinations by year.
(3) Compliance Relief: IDRS displays a disaster-related Freeze Code (-O or -S) on impacted accounts for the duration of the disaster relief time frame.
-O Freeze: The -O Freeze is used for significant major disasters, and is generated by a TC 971 AC 087 on CC ENMOD. As a general rule, no compliance action is taken until after the relief time frame has expired. These actions include but are not limited to: sending an LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested); issuing a levy; defaulting an IA; or filing an NFTL.
-S Freeze: The -S Freeze is used for other federally declared disaster areas, and is generated by a TC 971 AC 688 on CC ENMOD. Impacted taxpayers are granted additional time to perform time sensitive actions. If a -S freeze is present, enforcement activities may be suspended on a case-by-case basis. These taxpayers should be provided an opportunity to defer action for a reasonable period of time.
(4) Taxpayers who reside outside the FEMA ZIP Code list may be able to self-identify that they were affected by the disaster, if they meet one of the established definitions of an affected taxpayer as listed in IRM 25.16.1.3(3), Identification of "Covered Disaster Area", Postponement Period and "Affected Taxpayers".
(5) Follow specific procedures in place for the disaster or emergency. Specific procedures will be present on the IRS Disaster Assistance Program website, and are also generally distributed via email. See IRM 25.16.1, Disaster Assistance and Emergency Relief, for further explanations of actions required.
Follow IRM 25.16.1.8.2, -O Freeze, and IRM 21.5.6.4.30, -O Freeze, for those taxpayers affected by an -O Freeze, including taxpayers who self-identify.
Follow IRM 25.16.1.8.1, -S Freeze, and IRM 21.5.6.4.37, -S Freeze, for those taxpayers affected by a -S Freeze, including taxpayers who self-identify.
(6) Collection activity potentially adverse to the taxpayer requires managerial approval.
(7) Wage levies on affected taxpayers must be released. These cases will reflect ST 60 with an ALN XX08. A TC 971 AC 898 will also appear on affected modules.
(8) Managerial approval is not required (unless required by current IRM procedures) for other actions agreed to by the taxpayer, such as IAs.
(9) Managerial approval also is not required when the taxpayer or third party does not need to be contacted, e.g. determining a case is currently not collectible or making adjustments.
(10) Disaster processing for IAs: For accounts with either a -O or -S Freeze:
CP 521, Installment Agreement Reminder Notice, will continue to be issued, and DDIA payments will continue to be processed throughout the compliance activity suspension period (unless otherwise announced).
FA employees should follow IRM 5.19.1.6.4.13.2, Taxpayer Problems with DDIA;
ACS, ACSS and CSCO employees should follow IRM 5.19.1.8.6.1, Requests to Skip a Direct Debit Installment Agreement (DDIA) Payment.
However, missed payments during this period will not cause an IA to default (or be counted as a skip). Therefore, CP 523, Installment Agreement Default Notice, will not be issued during the compliance activity suspension period
If ... | Then ... |
---|---|
The taxpayer wants to stop (skip) a single DDIA payment, | |
The taxpayer wants to stop multiple DDIA payments, | The taxpayer will need to either contact the Service each month before the monthly payment request is sent to the bank, or contact their bank to suspend payments for the desired period. |
Payments were suspended at the bank, | The taxpayer will need to inform their bank to allow debits to resume at least two weeks before their next payment is due to avoid possible default on their IA, once the disaster freeze expires. |
Note: Please note that penalties and interest will continue to accrue on any unpaid balance.
(11) Enforcement action will not be initiated if a deadline established prior to the disaster has been missed.
(12) During and at the end of the compliance suspension period, taxpayer contacts within the designated disaster area must be made with caution and extreme sensitivity to the taxpayer’s personal circumstances. Stress and fatigue are factors needing consideration, even in instances where taxpayers did not experience any personal, monetary or physical damage from the disaster.
Begin with an assessment of the impact of the disaster on the taxpayer. This should provide an opportunity to defer action, as needed, for a reasonable period. If an affected taxpayer requests additional time to provide necessary financial statement or substantiation, it should be granted.
(13) For correspondence requests from impacted taxpayers initiated prior to the disaster, suspend processing until after the expiration of the disaster declaration unless confirmed via contact with the taxpayer that they want to proceed. Leave detailed notes on AMS concerning the type of correspondence, the reason for the suspense, and if you attempted to contact the taxpayer to see if they wanted you to continue processing.
(14) Prepare Form 911, Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance Order), if the taxpayer meets TAS criteria and you cannot resolve the case within the "same day". See IRM 5.19.1.3.2.3(2)(e), Taxpayer Advocate Service (TAS), for definition of "same day". See IRM 13.1.7.2, TAS Case Criteria for an explanation of what cases meet TAS criteria. See also IRM 21.1.3.18, Taxpayer Advocate Service (TAS) Guidelines.
Military Deferment
(1) Taxpayers may receive special tax relief and benefits under certain circumstances due to military service. If the taxpayer is a member of the Armed Forces (not in a combat zone), they may qualify to defer (delay) payment of income tax due before or during their military service; to qualify, they must:
Be performing military service
Notify the IRS their ability to pay the income tax is materially affected by their military service
(2) The service member is then allowed up to 180 days, after termination or release from military service, to pay the tax. If they pay the tax in full by the end of the deferral period, they are not charged interest or penalty for that period.
Note: This does not apply to the service member’s share of social security and Medicare taxes they may owe; for additional information see Publication 3, Armed Forces’ Tax Guide.
(3) The collection of any income tax due from any person in the military service may be deferred (delayed) under the provisions of the Servicemembers Civil Relief Act (SCRA), 50 U.S.C. 3902. The service member must meet the following criteria to qualify for military deferment:
The taxpayer must be materially affected because of their military status;
The taxpayer must make a WRITTEN request to the IRS office either making demand for payment or to the office with which the taxpayer has a payment agreement in effect; and
The taxpayer must include, in the request, the following information:
Name
SSN
Monthly income and source of income before military service
Current monthly income
Military rank
Date entered into military service
Date they are eligible for discharge
Note: Inform the taxpayer, if they submit a copy of their orders, it is also helpful.
(4) Inform the taxpayer all returns must be filed to qualify for Military Deferment.
(5) Definitions of the terms used in processing Military Deferment cases are:
Term | Definition |
---|---|
Military Deferment | "A delay in the collection of income tax due in addition to penalty and interest accruals during, and up to, 180 days after termination or release from military service." |
Military Service | "The period beginning on the date on which the taxpayer enters military service and ending on the date on which they are released from military service, or die while in military service. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense for a period or more than 30 consecutive days under Title 32, U. S. C. section 502 (f) for purposes of responding to a national emergency declared by the President and supported by federal funds." |
Materially Affected | "If the taxpayer’s current monthly income (military income) is less than the monthly income immediately prior to active duty, their ability to pay the balance due has been materially affected by reason of active military status." |
Accrual of Interest or Penalty | "No interest or penalty shall accrue for the period of deferment by reason of nonpayment on any amount of tax deferred. See section 4000 of the Servicemember’s Civil Relief Act (SCRA)." |
Statute of Limitations | "The running of a statute of limitations against the collection of tax deferred under section 4000 of the SCRA, by seizure or otherwise, shall be suspended for the period of military service of the servicemember and for an additional 270 days thereafter." Example: Although normal balance due procedures resume after the military deferment period, plus 180 days, no enforcement actions can be taken on the account until 90 days after the 180 days. |
Maximum rate of interest | "Section 3937 of the Servicemembers Civil Relief Act limits the maximum interest rate the taxpayer can be charged to 6% per year for obligations or liabilities incurred before their entry into military service. The reduced rate applies only if the service materially affects the taxpayer’s ability to pay. This rate applies only to that interest charged during the period of the taxpayer’s military service." Note: The service member is charged the lesser of the current rate not to exceed the maximum of 6% stated by law. To substantiate the claim for reduced interest rate, the service member (taxpayer) must furnish the IRS with a copy of their orders or reporting instructions detailing the call to military service. They must do so no later than 180 days after the date of their termination or release from military service. |
Military Deferment Balance Due Procedures
(1) Review taxpayer correspondence for the following information:
A copy of orders or reporting instructions
Prior and current income (current military income is less than earned income immediately prior to their military status); check CC RTVUE for AGI
Check CC IMFOLI to ensure all due returns are filed
(2) Take the following actions if the taxpayer meets the requirements for military deferment as outlined above:
Generate Acceptance Letter 289C, Approval of Military Deferment; this letter explains the terms of the deferment.
Input TC 500 cc 51 using CC REQ77/CC FRM77 on each module with a balance due; input of TC 500 cc 51 requires the CSED Indicator present, identifying which taxpayer is entitled to the military deferment.
Note: The values for this field are: P = Primary taxpayer, or S = Secondary taxpayer.
Forward the incoming correspondence, a copy of Letter 289C, Approval of Military Deferment, and a CC TXMODA print reflecting the updated status "44" via Form 3210, Document Transmittal, to the Field Office Resource Team (FORT) at the following address:
IRS-FORT
M/S 5-E04.116
2970 Market St.
Philadelphia, PA 19104-5002
(3) The FORT will monitor all Military Deferment accounts until the deferment period expires (military deferment begin date to release/discharge date plus 180 days).
Insufficient Information to Meet Military Deferment Requirements
(1) If the initial request for military deferment does not include sufficient information to grant a military deferment:
Send Letter 1175C, Collection Postponed During Period of Active Military Service, including a return envelope, to the taxpayer or authorized Power-of-Attorney
Suspend the case for 60 days using CC STAUP to the next normal status for 09 cycles
Input history item "MILDEFER" using CC TXMODA for affected tax periods
(2) If the response contains sufficient information to grant the deferment, follow related instructions. IRM 5.19.1.5.9.1(2), Military Deferment Balance Due Procedures
(3) Resume normal collection activity if no response is received within 60 days.
Denial of Military Deferment
(1) Prepare Denial Letter 3079C, Denial of Military Deferment, for signature of Chief, Collection Operations.
(2) Resume normal collection activity.
Military Deferment and IAs
(1) Follow the instructions for determining if the taxpayer meets the criteria for military deferment for cases in ST 60, 61, 63 and 64 per IRM 5.19.1.5.9, Military Deferment.
(2) Treat the IA account as a request for military deferment when the taxpayer asks for a reduced payment amount due to material impairment resulting from active military service; use the chart below in such circumstances:
If the taxpayer ... | Then ... |
---|---|
Meets the criteria for military deferment | Process the account to defer the balance due. IRM 5.19.1.5.9.1, Military Deferment Balance Due Procedures |
Meets the criteria for military deferment and wishes to continue making IA payments |
|
Does NOT MEET the criteria for military deferment |
|
Does not provide sufficient information to determine their qualifications for military deferment |
|
Tax Court Cases
(1) A balance due account may be issued although the taxpayer timely filed a Tax Court petition. These are generally erroneous assessments; however, some assessments are correct and collection should be pursued. Most others are premature and should be abated. Do not take collection action without verification from Appeals.
Caution: Appeals is responsible for abating the premature assessment, if appropriate.
Note: For any necessary manual NFTL release:
See IRM 5.12.3.3.1(5), Liability is Satisfied - IRC 6325(a)(1)
Employees of functions with access to the ALS input NFTL release requests in these situations. For functions not having access to ALS, determine the (CLO) NFTL release contact on the Intranet by going to:
IRWeb Home Page
SERP,
Who/Where
ALS Units
Contacts
An internal use only telephone number is also provided with the contact information on the CLO website. Ensure all email communications regarding NFTLs are via secure email.
(2) If the taxpayer states the deficiency is still before the Tax Court for consideration, secure the following information:
Name of the taxpayer’s representative
Docket number
Tax year(s) involved
TIN
Note: If the taxpayer states they do not have any of the information requested in paragraph (2) above, advise the taxpayer to call back when it is acquired. See https://dawson.ustaxcourt.gov/.
Note: The Tax Court is located in Washington, D.C.
(3) Rev. Proc. 2012-18 limits communication with Appeals and applies to both written and verbal communications. Be sure the content of the Form 4442, Inquiry Referral, and/or discussions with Appeals are limited to ministerial, administrative or procedural matters and do not address the strengths or weaknesses of the case or the taxpayer’s positions. See also IRM 5.1.9.5, Communications with Appeals, for additional information applicable to all campus and field Collection activities.
(4) If the case is in Notice Status, complete Form 4442, Inquiry Referral, and mail to the appropriate Appeals Office via Form 3210, Document Transmittal.
(5) If the case is in ST 22 (ACS), enter the information secured in paragraph (2) into comments and reassign the case to R4.
(6) The employee working R4 inventory calls the responsible Appeals office and determines if the assessment was made prematurely.
(7) The employee working R4 inventory processes the account based on the Appeals reply.
Caution: Collection is prohibited on any proposed deficiency before the Tax Court.
Killed in Terrorist Action (KITA), Killed in Action (KIA), and Astronauts Killed in the Line of Duty
(1) The AM Technical Unit at the Kansas City Campus is responsible for taking necessary action on KITA, KIA and Astronauts Killed in the Line of Duty cases. Processing and Accounting Operations inform the Technical Unit manager or appointed person of all cases in collection status.
Note: For Notice TDA or TDI, see IRM 21.6.6.2.21.2.1, KITA/KIA Procedures for All Functions.
(2) The literal "KITA" will appear on CC ENMOD, CC IMFOLE, CC TXMODA and CC SUMRY as an indicator. It does not cause a freeze or prevent the issuance of enforcement-related notices.
(3) Take special care in working these sensitive cases. The Technical Unit manager or appointed person is responsible for all taxpayer contact, such as survivors, for these cases.
(4) Discontinue all collection activity.
(5) ACS access only, take the following actions:
Enter any pertinent information on ACS in the comments field
Enter History Code "TOa0,01", "KITA", "KIA", or "AKLD", where "a" = the appropriate manager's inventory
(6) Route all correspondence to the AM Technical Unit manager or appointed person at the Kansas City Campus, using Form 3210, Document Transmittal.
Taxpayers Taken Hostage in Terrorist Action (HSTG)
(1) The U S State Department periodically provides IRS with a list of persons who have been identified as Hostages taken in a terrorist act. The State Department also advises that IRS suspend collection activity when a hostage situation exists.
(2) State Department lists of Hostages are sent or routed to Atlanta CSCO, who will analyze and research to determine if there are any open Bal Due or Del Ret cases on the names provided.
(3) If a taxpayer is identified as a Hostage from the list, CSCO will CC MFREQ/CC ENMOD the account and input CC INCHG in the Killed in Terrorist Action (KITA) Indicator field with an indicator of "2".
(4) If a subsequent list from the State Department no longer includes the taxpayer, CSCO will input an indicator of "9" after the KITA> on CC INCHG.
(5) When a module has been coded to indicate a taxpayer is a Hostage the literal "HSTG" displays on CC ENMOD, CC SUMRY, CC TXMODA or CC TDINQ. This causes an entity freeze preventing issuance of enforcement-related notices, TDA, and TDI. Such a case will leave open inventory when the freeze has been input.
(6) If you have an open case assignment where the literal "HSTG" appears:
Take no further action on the case
Route any correspondence received to Atlanta CSCO
(7) If you receive indication on an open case that a taxpayer is currently held as a Hostage but there is no HSTG literal, advise Atlanta CSCO that you have received this correspondence
Criminal Investigation Division Indicators (CID) on Balance Due Cases
(1) Some balance due cases may have CID indicators; for procedures see IRM 5.19.1.3.5(4), For Other Account Issues Requiring Referrals or Redirect.
LLC Accounts
(1) A LLC is an entity created under state law that has characteristics of both a partnership and a corporation. It is similar to:
A corporation in that the owners have limited personal liability for negligent acts and LLC debts.
A partnership in that it provides management flexibility and may provide the benefit of pass-through taxation of income.
(2) The following are some of the characteristics of an LLC:
Owners are called members.
There are no restrictions on ownership.
There are no restrictions on the number of members.
Single member LLCs are permitted.
(3) A member/owner is a person with an ownership interest in the LLC. The term "person" includes legal entities. Thus, a member/owner may be:
An individual
A corporation
A partnership
An association
An estate
A trust
Another LLC
Example: An LLC with one owner is a single member entity, or single member owner (SMO).
Example: An LLC with more than one owner is a multi-member entity.
(4) Treatment of the LLC entity for federal taxes is governed by the provisions of Treasury Regulation 301.7701-2 and 3. Liability for income, employment, and excise taxation is determined by the manner in which the entity is classified under the applicable regulations. To properly address various collection questions, you must first understand how an LLC is classified. Also see Notice 99-6 and IRM 5.1.21.11.1, Examples of Classification Changes by Ownership or Election.
Note: Final regulations changing the treatment of certain LLCs for employment and excise tax liabilities were issued on August 16, 2007. The changes are not retroactive; they do not change the tax treatment of employment and excise taxes that accrue prior to their effective dates. The applicability of these regulations must be considered when determining liability for employment and excise taxes incurred both before and after the effective dates of these regulations. See IRM 5.1.21.13.3, Income Taxation for Disregarded Entity Classification.
For wages paid prior to January 1, 2009, a single member LLC, classified as a disregarded entity, was permitted to satisfy its employment tax obligations with respect to employees performing services for the entity in one of two ways: (1) calculation, filing and payment of all employment taxes under the owner’s name and EIN, or (2) separate calculation, filing and payment of all employment taxes under the LLC’s name and EIN (Notice 99-6, 1999-3 I.R.B).
For wages paid on or after January 1, 2009, a single member LLC, classified as a disregarded entity, no longer has the two options set forth in Notice 99-6 satisfying employment tax obligations. A single member LLC, classified as a disregarded entity, will no longer be treated as a disregarded entity, for employment tax purposes, and is liable for employment taxes on wages paid to employees of the LLC.
Note: As a result of Regulations changes, the LLC itself will be the liable taxpayer for employment tax periods beginning on or after January 1, 2009, regardless of the LLC’s classification for federal income tax purposes.
(5) Useful information regarding the ownership and classification of an LLC may be obtained by accessing various IDRS CCs.
Example: IDRS CC ENMOD may include a name line indicating membership.
Example: IDRS CC BMFOLE may reveal the name of owner(s), filing requirements, and will confirm any elections made, including effective date and classification elected.
(6) On IDRS, CC BMFOLE may contain the following transaction codes with regard to whether or not the LLC has made an election:
A TC 076 indicates the date the Form 8832, Entity Classification Election, was accepted by the campus, the effective date of the election, and the classification elected. The alphabetic indicators "a "through" f "showing after PARA-CD, corresponds to the box checked on the Form 8832, Entity Classification Election. The alphabetic indicator "z "will appear if the Form 2553, Election by a Small Business Corporation (Under section 1362 of the Internal Revenue Code), is filed per IRM 5.1.21.4.1(4), Classifications Available for Entities Filing an Election.
A TC 090 indicates the acceptance of Form 2553, Election by a Small Business Corporation (Under section 1362 of the Internal Revenue Code), and includes the effective date of the election and the fiscal year month for the entity. If only the Form 2553, Election by a Small Business Corporation (Under section 1362 of the Internal Revenue Code), is filed per IRM 5.1.21.4.1(4), Classifications Available for Entities Filing an Election, both the TC 076 and TC 090 will appear on the entity.
(7) Pre-January 2009 tax modules may display TC 971 Action Codes, 364, 365, and 366, which are input on the tax modules when the identity of the liable taxpayer has been determined liable taxpayer.
TC | AC | Explanation |
---|---|---|
971 | 364 | LLC is the liable taxpayer for this tax period |
971 | 365 | Single member/owner is the liable taxpayer for this tax period |
971 | 366 | Liable taxpayer changed during this tax period |
(8) Because the classification may change without any indication in the record of assessment, the LLC presents challenges to collection employees. The IRM 5.1.21, Collecting from Limited Liability Companies, discusses a number of investigative techniques to allow employees to make a collection determination. See IRM 5.16.1, Currently Not Collectable, for further information.
Criminal Restitution Assessments
(1) Background - Following the conviction of a defendant for a criminal tax violation or tax-related offense, the court may order the defendant to pay restitution to the Internal Revenue Service. The requirement that the defendant pay restitution will be contained in a document signed by the judge called a Judgment and Commitment Order (J&C). In 2010, Congress amended IRC 6201 to provide that the IRS shall assess and collect tax-related restitution in the same manner as if such amount were tax. This change in IRC 6201 applies to restitution in all J&Cs entered after August 16, 2010.
(2) Identification of Assessments - Restitution assessments will be made on MFT 31 and can be identified by TC 971 AC 102. When restitution is ordered, an individual will be assessed with one of the following:
TC 290 with RC 141 to 150.
TC 300 with RC 141 to 150.
TC 298 with RC 141 to 150.
(3) Restitution assessments on BMF will be on MFT 02, 06, 05, etc. It is expected that restitution assessments on a BMF will be rare. When a restitution assessment is made against an officer of a corporation, the assessment will be made on the MFT 31 of the defendant/officer. A TC 470 cc 93 will be input to the restitution module at the time of assessment, placing the module in a ST 53 hold for six months.
(4) Campus Case Actions - Restitution cases will not be worked by Campus employees, except as follows:
If there is a module in ST 26 and an RO assignment is present and there are other modules in Notice Status, input CC STAUP to accelerate the modules according to current procedures.
If the MFT 31 module does not contain a TC 470 cc 93, is in another status, or the transaction will expire in the near future, contact your local Advisory Probation Liaison (APL) for further guidance. A current listing of APLs may be found at: http://mysbse.web.irs.gov/collection/ceaso/contacts/19176.aspx
The APL may advise the contacting employee to input a TC 470 cc 93 on all modules, placing the account in a ST 53 hold or advise the contacting campus employee to CC ASGNI the account to a designated RO group.
Otherwise, the APL receiving contact from Campus Collection employees about restitution modules or related assessments, may issue an Other Investigation (OI) to the appropriate Field Area group with instruction to assign all modules for the taxpayer if the case is not already assigned to the Field Area.
Affordable Care Act
(1) Under the Affordable Care Act (ACA), the Federal government, state governments, insurers, employers and individuals are given shared responsibility to reform and improve the availability, quality and affordability of health insurance coverage in the United States.
Individual Shared Responsibility Payments
(1) For tax years 2014 – 2018, individuals must have minimum essential health coverage (known as minimum essential coverage (MEC)), have a coverage exemption, or report a shared responsibility payment (SRP). The SRP is the penalty imposed if an applicable individual in a tax household lacks MEC for any month. The SRP is the penalty imposed if an applicable individual in a tax household lacks MEC for any month.
Note: Pursuant to Section 11081 of PL 115-97, for months beginning after December 31, 2018, the amount of the SRP is reduced to zero. IRM 21.8.1.27.4.3(2), Shared Responsibility Payment.
(2) The amount of any payment owed takes into account the number of months in a given year an individual is without minimum essential coverage or a coverage exemption from the responsibility to maintain MEC.
(3) The IMF for the individual SRP is MFT 35. The Tax Class is 2 and the File Source is 1. See IRM 21.6.4.4.20.3, Shared Responsibility Payment Overview, for additional information.
Note: Individual SRP modules may be mirrored. Mirrored Individual SRP modules will be processed as MFT 65.
(4) The individual SRP amount owed is not subject to:
Penalties,
Exception: The taxpayer may be subject to a dishonored check penalty, if applicable.
Levies on the taxpayer’s property, or
The filing of an NFTL.
(5) When a taxpayer files a return that includes an Individual SRP, the tax return (MFT 30) will post first and the SRP module (MFT 35) will post the following cycle.
Standalone SRP
(1) A standalone SRP occurs when a balance due is created on a module with MFT 35/65 File Source 1 (SRP 5000A) and there is no other:
Balance due module with a different MFT in ST 22, ST 24, or ST 26, or
TDI module in ST 03.
(2) Standalone SRP modules will be subject to a recess. This means that routine collection activities will temporarily halt. See IRM 5.19.17.2.13, Recessed Individual Shared Responsibility Payment (SRP) Modules.
Employer Shared Responsibility Provision
(1) Large employers (generally, employers with at least 50 full-time employees, including full-time equivalents employees, in the prior calendar year) may be assessed an employer shared responsibility payment (ESRP) under IRC 4980H(a) if they do not offer health insurance with minimum essential coverage (MEC) to full-time employees (and their dependents) and at least one full-time employee receives a premium tax credit (PTC) under IRC 36B.
(2) The ESRP may also be assessed under IRC 4980H(b) if the employer offers MEC to its full-time employees (and their dependents), but a least one full-time employee receives a PTC because the employer's insurance MEC was not affordable or did not provide minimum value.
(3) Unlike the individual SRP assessments, the ESRP assessments are subject to enforcement actions. See IRM 5.19.4.2.2, Affordable Care Act (ACA) - Employer Shared Responsibility Provision (ESRP) 4980H.
(4) The ESRP assessments are processed on the Business Master File (BMF) under MFT 43.
Erroneous Refunds
(1) If an individual receives money from the Service to which the recipient is not entitled then this is referred to as an erroneous refund. This definition includes all erroneous refunds regardless of taxpayer’s intent or whether the error that caused the erroneous refund was made by the IRS, the taxpayer or a third party, see IRM 21.4.5, Erroneous Refunds.
(2) While researching an account where "wrongful levy payments" have been received, it is important to be able to identify an erroneous refund. Indicators of possible erroneous refund: receipt of wrongful levy payment(s), the payments applied to the owner’s Identification Number (TIN), and a refund has been issued as a result of the wrongful payments. It is important to document AMS and input TC 570 to freeze funds/prevent refunds.
(3) There are several erroneous refund categories, the wrongful levy payments/erroneous refunds will be under the "Category D". Administrative collection actions such as the issuance of a NFTL or a levy cannot be taken to recover Category D Erroneous Refunds.
Note: The Erroneous Refund Unit in Accounting, Submission Processing, will input a false credit, a TC 700, on the "Category D" Erroneous Refunds. This action is taken to remove the erroneous refund amount from MF and the account is reestablished in Accounting. This is done to prevent notices and administrative collection action (NFTLs or levies) from occurring on the erroneous refund liability.
(4) Indicators of an Erroneous Refund "Category D":
TC 570
TC 470, cc 93 (stops systemic notices and the collection process)
TC 844 (generates a -U freeze)
Open control ("ERRORREF"), "M" status
Letter 510C, Refund In Error; Return Check (CC ENMOD)
TC 700, Document Code 58, Blocking Series 950-999, see IRM 21.4.5.5.5, Overview of Category D Erroneous Refunds
Unassessable (Formerly Non-Rebate) Erroneous Refund
(1) If the taxpayer requests a repayment agreement on an unassessable (non-rebate) erroneous refund account, U Freeze with a TC 700 BL 950-999; only Accounting Operations grant these repayment agreements. Do not provide the telephone number for Accounting Operations. Take all pertinent information and forward Form 4442, Inquiry Referral, to the Accounting Operations employee having a control on the account. If the request for repayment includes other balance due modules, take the following actions:
If ... | Then ... |
---|---|
Balance due modules are in Notice Status on IDRS |
|
Balance due modules are in ST 22, ACS |
|
Innocent Spouse
(1) Do not refer a taxpayer to the Innocent Spouse Operation when they request an IA and there is an unreversed TC 971 AC 065. Follow procedures below to process these requests. If the TC 971 AC 065 is reversed, follow normal procedures to establish on the MFT 31 module.
(2) If the non-requesting spouse requests an IA, establish the IA on the MFT 31 module for the non-requesting spouse.
(3) If the requesting spouse requests an IA and there is an unreversed TC 971 AC 065 on any balance due module, take the following actions.
Follow normal procedures to determine if the taxpayer qualifies for an IA, but exclude any module with an unreversed TC 971 AC 065; establish the IA as an MMIA: IRM 5.19.1.6.6, Manually Monitored Installment Agreements, MMIA.
Exception: If the TC 971 AC 065 is not reversed, but the taxpayer states they were granted partial relief and has the "Allocation Worksheet" stating the amount they still owe, include the tax period and amount in the MMIA. Sometimes this is the only module the taxpayer owes, but other balance due modules could be included.
Reminder: DO NOT refer these taxpayers to the Innocent Spouse Operation.
When determining if the IA will be full paid within the CSED, include all modules including those with TC 971 AC 065. Since we are unsure if the claim will be approved, we must determine if the account will be full paid within the CSED if the TC 971 AC 065 is reversed, disallowing the claim. If the account will not full pay within the CSED, follow PPIA procedures: IRM 5.19.1.6.5, PPIA.
Note: All requests for innocent spouse relief, filed after December 20, 2006, toll the CSED; use caution in determining the CSED; for many years, the CSED may still be tolled at the time you consider the request for an IA. See IRM 25.15.8.9, Collection Action — While an Appeal is Pending.
If the taxpayer qualifies for an IA, establish the IA using MMIA procedures: IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA.
Once the Innocent Spouse determination is made, and the TC 971 AC 065 is reversed, this MMIA can be input on IDRS.
If the Innocent Spouse claim is later denied, and the taxpayer requests to add this new liability to the IA, follow normal procedures for adding a new liability: IRM 5.19.1.6.4.20, Adding New Liability to an Existing IA.
Passport Certification in Case of Certain Tax Debts
(1) The Fixing America's Surface Transportation (FAST) Act, signed into law December 4, 2015, includes a provision requiring the IRS to certify to the State Department that an individual owes a seriously delinquent tax debt.
(2) Passport Certification procedures are located in IRM 5.19.25, Passport Program.
Pension Benefit Plans
(1) This section relates to actions required when establishing IAs which include an MFT 74 and/or MFT 76 module.
(2) MFT 74 identifies the tax module in which an adjustment for Form 5500, Annual Return/Report of Employee Benefit Plan, is to post. Form 5500 concerns compliance with qualification provisions. For Form 5500 penalties (e.g., late filing), see IRM 20.1.8.4, Employee Plans (EP).
(3) MFT 76 identifies the tax module in which an adjustment for Form 5330, Return of Excise Taxes Related to Employee Benefit Plans, is to post. Form 5330 is used to report and pay the excise tax related to employee benefit plans under several IRC provisions. The largest assessments usually relate to inadequate funding of employee pension plans. A tax of up to 10% [4971(a)] of the underfunded amount may apply each year. A tax of 100% [4971(b)] can be imposed in certain cases. The tax may be self-reported on Form 5330, or identified by IRS in an Examination proceeding.
(4) Currently, due to programming limitations, the systemic input of certain transaction codes to a MFT 74/76 module is not possible, due to the 3 digit plan identifier associated with these assessments. Automated systems do not recognize the identifier number. Notices requesting payment are sent when the tax is assessed and every time interest is updated, but the cases do not move beyond ST 21. Sometimes no status is reflected on IDRS, just the assessment.
(5) Research of these modules requires a specific format which include:
Command Code | Format | Notes |
---|---|---|
BMFOLTxx-xxxxxxx 74201212001 | "Not applicable" | |
TXMODAxx-xxxxxxx | "Not applicable" | |
MFREQCxx-xxxxxxx | (if CC TXMODA is needed for CFOL only period) | |
INOLEPxx-xxxxxxx | Lists the employee benefit plans and their 3 digit identifiers |
Note: Balance Due Modules cannot be created on ICS for these assessments.
(6) IAs which include MFT 74 or 76 cannot be systemically established on IDRS; they must be processed following MMIA procedures. See IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA.
Private Debt Collection
(1) The Fixing America's Surface Transportation (FAST) Act, signed into law December 4, 2015, requires the IRS to use private collection agencies (PCAs) for the collection of certain past due modules defined as inactive tax receivables. This section provides Private Debt Collection (PDC) procedures for cases worked in April 2017 or later. The Taxpayer First Act, signed into law on July 1, 2019, amended the criteria for assigning accounts to a PCA and expanded the exclusion categories.
Private Debt Collection Overview
(1) IRC 6306(c)(1) requires the IRS to use PCAs for the collection of outstanding inactive tax receivables.
(2) The PDC program consists of those PCAs who have entered into qualified collection contracts to assist the IRS in the collection of certain past due modules that are currently considered inactive tax receivables as defined by IRC 6306.
(3) The IRS will send taxpayers and their representatives written notice (CP 40) that we are transferring their account to a PCA.
(4) The PCA will send a separate letter to the taxpayer and the representative confirming this transfer and providing their contact information.
(5) The IRS will do everything it can to help taxpayers avoid confusion and understand their rights and tax responsibilities, particularly in light of continuing scams where callers impersonate IRS agents and request immediate payment.
The IRS will send a letter to the taxpayer to indicate that the module has been assigned to the PCA. The PCA will also send a letter to the taxpayer to confirm that the module has been assigned to them. Both of these letters to the taxpayer will contain the unique 10-digit identifier, instead of the taxpayer’s SSN. This unique identifier will be used to conduct a two-party verification between the taxpayer and the PCA.
Taxpayers can confirm the names of the PCAs under contract with the IRS on https://www.irs.gov/businesses/small-businesses-self-employed/private-debt-collection.
PCAs will not ask for payment on prepaid debit, gift or iTunes cards.
Taxpayers will be informed about electronic payment options on IRS.gov, Pay Your Tax Bill.
Payment by check will be payable to the U.S. Treasury and sent directly to IRS, not the PCA.
(6) For information on scams, visit "Tax Scams and Consumer Alerts" on IRS.gov.
(7) The legislation provides for a percentage of the amount collected by the PCAs to be allocated to a fund for hiring and training special compliance personnel.
(8) Revenue collected by PCAs will be in addition to revenue already coming in through IRS collection operations and will provide needed support to close the nation’s tax gap.
Private Collection Agencies
(1) The IRS has entered into qualified collection contracts with the following three PCAs:
CBE Group in Waterloo, Iowa
Coast Professional in Geneseo, New York
ConServe in Fairport, New York
(2) Under IRC 6103, PCAs will be able to identify themselves as contractors of the IRS collecting taxes.
(3) Private debt collectors are required to be courteous and respect taxpayers’ rights. They must follow provisions of the Internal Revenue Service Private Collection Agency Policy and Procedures Guide, Fair Debt Collection Practices Act and are also subject to various provisions of IRC 6306 and IRC 6103.
Caution: IRS employees must not contact the PCA directly. If an employee has a question about an account assigned to a PCA, then send an inquiry via email to *SBSE PDC Questions, with the subject heading "PDC Questions".
Private Debt Collection Account Identification
(1) Employees can identify an account assigned to a PCA and related activity on IDRS with the following transaction code:
TC 971 AC 054 – Account assigned to a PCA
(2) Employees can identify an account that is no longer assigned to a PCA on IDRS with the following TCs:
TC 971 AC 459 – Account returned to IRS by PCA
TC 972 AC 054 – Account recalled by IRS
Note: If the above TCs are present on an account (either posted or pending), it is no longer assigned to PDC. Do not advise these taxpayers to contact the PCA. Employees should assist these taxpayers following normal IRM 5.19.1, Balance Due, procedures.
(3) PDC-ID Numbers are two digit codes that identify the taxpayer’s PDC and can be found on CC ENMOD and CC IMFOLE.
PDC-ID | PCA |
---|---|
01 | CBE Group |
02 | ConServe |
03 | Performant |
04 | Pioneer |
05 | Coast Professional |
(4) PDC-IND & PDC-CD are two digit codes to indicate involvement with the PDC program and can be found on CC TXMODA or IMFOLT respectively.
PDC-IND or PDC-CD | Definition |
---|---|
00 or blank | Not involved in PDC. |
01 | Module assigned to PDC. |
04 | Manual block. |
16 | PCA Payment Agreement |
(5) PDC Authentication ID is a unique 10-digit taxpayer authentication number (TAN) assigned to each taxpayer assigned to a PCA. It will be displayed on CC ENMOD as the PDC-AUTH-ID and CC IMFOLE as the AUTH-ID.
Private Debt Collection Criteria
(1) Per IRC 6306, the Service must enter into qualified tax collection contracts for cases meeting the following criteria:
Removed from active IRS inventory because of lack of resources,
Removed from active IRS inventory due to inability to locate the taxpayer,
When more than two (2) years have passed since the assessment and there has been no assignment to an IRS employee for collection, or
When 365 days have passed without taxpayer or third party interaction to further collection of the account.
(2) Per IRC 6306, the Service has the discretion to enter into qualified tax collection contracts for other inactive tax receivables as appropriate.
Legislative Exclusions to Private Debt Collection Criteria
(1) A tax receivable meeting the following exclusion criteria will not be assigned to a PCA:
Involves a taxpayer that is deceased,
Involves a taxpayer that is under the age of 18,
Involves a taxpayer that is in a designated Combat Zone,
Involves a taxpayer that is the victim of tax-related identity theft,
Currently under examination, litigation, criminal investigation or levy,
Subject to pending or active offers in compromise,
Subject to a pending or active IA,
Subject to a statutory right of appeal,
Classified as innocent spouse cases, or
Involves a taxpayer in a presidentially declared disaster area who requests relief from collection.
Involves a taxpayer that is receiving Supplemental Security Income / Social Security Disability Insurance (SSI/SSDI).
Individuals whose AGI is below 200% of the applicable poverty level.
Note: Cases assigned to a PCA that subsequently meet the above criteria will be returned to the IRS.
ACS and FA Taxpayer Contacts on Private Debt Collection Accounts
(1) If the taxpayer contacts the IRS (by phone or in person) instead of the PCA, follow the guidance below:
Disclosure: Follow current disclosure/authentication guidelines as outlined in IRM 5.19.1.2.3 , Disclosure Overview: Verifying Identity of Contact Party,
Documentation: Document the account history and notate account actions on AMS/IDRS, and recap conversation with taxpayer.
Verify: PDC ID Number and PDC-AUTH-ID> on IDRS as described in IRM 5.19.1.5.21.2.1, Private Debt Collection Account Identification.
(2) If the taxpayer questions the validity of a PDC Agency:
If ... | Then ... |
---|---|
The company is listed in IRM 5.19.1.5.21.2(1), Private Debt Collection Account Identification, | Advise the taxpayer:
|
The company is not on the list in IRM 5.19.1.5.21.2(1), Private Debt Collection Account Identification, | Advise the taxpayer:
|
Note: A list of the PDC agencies is also available on IRS.gov; search "Private Debt Collection".
(3) If the taxpayer’s account is assigned to an IRS contracted PCA and the taxpayer indicates as follows:
If ... | Then ... |
---|---|
The taxpayer wants to full pay their liability, |
|
The taxpayer wants to set up an IA, | Advise the taxpayer they must work directly with the PCA and provide the PCA phone number. Note: PCA’s refer to IAs as "Payment Arrangements" (PA) |
The taxpayer states they do not want to work with the PCA, | Advise the taxpayer to submit a written request to their assigned PCA. |
The taxpayer states they don’t agree with the liability, | Follow procedures in IRM 5.19.1.4.3, Determine Correct Tax Liability, AND advise the taxpayer they must work directly with the PCAto pay (resolve) their remaining account balance as long as account remains assigned to thePCA. |
The taxpayer requests account information, |
|
The taxpayer meets TAS referral criteria, | Follow IRM 5.19.1.3.2.3, Taxpayer Advocate Service (TAS). |
If the taxpayer states they: |
|
Exception: If the TC 971 AC 054 is reversed by a posted or pending TC 971 AC 459 or TC 972 AC 054, then the account is no longer assigned to PDC and the case should be worked normally. See IRM 5.19.1.5.21.2.1, Private Debt Collection Account Identification.
(4) A taxpayer may be liable for modules assigned to an IRS contracted PCA, as well as modules that are not assigned to PDC (including X-refs). When this occurs, follow the guidance below:
Non-PDC modules: Work with the taxpayer to resolve any modules that are not assigned to PDC.
Reminder: If an IA is granted for these modules, it must be processed as a Manually Monitored Installment Agreement (MMIA). See IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA.
PDC Modules: Advise the taxpayer they must work directly with the PCA to resolve the PDC modules and provide the PCA phone number.
Note: See IRM 5.19.1.5.21.2.1, Private Debt Collection Account Identification, to identify PDC modules.
Reminder: If ACS takes enforcement action(s) on module(s) in ST 22, the PCA will continue to work any X-ref accounts assigned to PDC, unless the IRS recalls the account. There are legislative exclusions that would cause the IRS to recall an account from the PCA. Examples include a proper exercise of appeal under IRC 6320, IRC 6330, or an offer-in-compromise. See IRM 5.19.1.5.21.3.1, Legislative Exclusions to Private Debt Collection Criteria, for additional examples of legislative exclusions.
(5) If you encounter situations that are not addressed in the procedures above, you can request assistance through your management chain. This can be done by sending an email asking for assistance through your manager and including the results of your research. If the issue cannot be resolved, forward the message to the PDC Analyst with the subject heading "PDC Questions" at: *SBSE PDC Questions.
(6) Frontline IRS employees should not attempt to contact a PCA directly.
ACS and FA Contacts on Private Debt Collection Accounts with Passport Issues
(1) ACS and FA should resolve passport certification through existing systemic processes, as shown below:
If ... | And ... | Then ... |
---|---|---|
A taxpayer contacts ACS or FA after receiving CP 508C, | Taxpayer is able to full pay the account, |
|
A taxpayer contacts ACS or FA after receiving CP 508C, | Taxpayer is able to resolve the passport issue, |
|
ACSS and CSCO Correspondence on Private Debt Collection Accounts
(1) ACSS and CSCO will work correspondence from a PDC assigned taxpayer as normal. The account will be systemically recalled when the account goes to ST 12 or meets one of the PDC exclusions in IRM 5.19.1.5.21.3.1, Exclusions to Private Debt Collection Criteria.
Note: If taxpayer submits written correspondence asking the PCA to cease contact, forward the correspondence by encrypted email to: *SBSE PDC Questions. Document "Correspondence to PDC" on AMS, then classify waste the paper case.
(2) If the PCA previously granted a PA on a PDC account, do not take case actions to interfere with the taxpayer’s PA with their PCA. See IRM 5.19.1.5.21.6, Payment Arrangements (PA) Granted by Private Collection Agencies.
Exception: A taxpayer may be liable for modules assigned to an IRS contracted PCA, as well as modules that are not assigned to PDC (including X-refs). When this occurs, work the non-PDC modules following guidance in IRM 5.19.1.5.21.4(4), ACS and FA Taxpayer Contacts on Private Debt Collection Accounts.
Payment Arrangements (PA) Granted by Private Collection Agencies
(1) PCAs may grant Payment Arrangements (PA) on PDC accounts; however, the account will not update to ST 60. Instead, the PCA will monitor it to ensure the taxpayer makes their required payments.
(2) Since the PCA monitors the account for payments, the account will remain assigned to PDC. PDC accounts can be identified per the indicators described in IRM 5.19.1.5.21.2.1, Private Debt Collection Account Identification.
(3) Although PAs granted by PCAs do not show up in ST 60, a TC 971 AC 063 will be present for all modules included in a PCA granted PA.
(4) Although the PCA monitors accounts assigned to them for required payments, the payments are received and processed by the Service.
(5) You may receive contact from a taxpayer where they state they are working with the PCA. When this occurs, do not take actions to interfere with the taxpayer’s PA with their PCA.
Exception: If the taxpayer states they do not want to work with the PCA, refer to IRM 5.19.1.5.21.4, ACS and FA Taxpayer Contacts on Private Debt Collection Accounts, or IRM 5.19.1.5.21.5, ACSS and CSCO Correspondence on Private Debt Collection.
(6) You may receive contact from a taxpayer where they state their Payment Arrangement established with the PCA Performant or Pioneer ended. The IRS contracts with Performant and Pioneer expired on September 22, 2021 and all Payment Arrangements with these two PCAs ended. If the taxpayer is requesting an IA, and their account was previously assigned to Performant or Pioneer, refer the case to the Andover Campus Collection for expedited processing. Refer these case by: Preparing and faxing a Form 4442, Inquiry Referral, to 855-277-9110 along with any other supporting documentation.
Caution: Do not refer an account that is currently assigned to another PCA.
Note: Andover Campus Collection employees working these inquiries can grant IAs with similar terms as the PA that ended without requiring a financial statement and no new NFTL determination is required. Employees can identify these cases by the presence of a TC 972 AC 054 (recalling the case from the PCA) along with a TC 971 AC 163 (reversing the PA) with either 03 or 04 in the Misc field representing the PCA ID.
Special Compliance Personnel (SCP) Program
(1) The FAST Act requires the IRS to establish a Special Compliance Personnel (SCP) program funded by the retained earnings from the Private Debt Collection (PDC) program. See the Private Debt Collection website, and IRM 5.19.5.4.11.8, Special Compliance Personnel (SCP), for additional information.
(2) SCP employees will only take ACS status (ST 22) telephone calls.
(3) Non-SCP employees will not be able to access SCP accounts. They will receive the following ACS Error Message: "267 NOT SCP PROFILE TRANSFER CALL TO SCP" when they attempt to access an SCP account. They must transfer the call to the SCP line. See IRM 5.19.1.3.4.3.7, Special Compliance Personnel (SCP) Calls.
(4) As of January 2019, SCP profiled employees will be able to access and handle calls for non-SCP accounts in ACS status.
(5) When handling calls for non-SCP accounts in ACS status, SCP should transfer the account to the appropriate N Function Unit as applicable, See IRM 5.19.5.4.11.8.3, N Function Inventory. Transferring the account to the N function/unit will move the account into the SCP inventory and systemically input the TC 971 AC 470.
(6) Non-SCP ACS employees who receive calls on SCP accounts must transfer the call to the SCP line. See IRM 5.19.1.3.4.3.7, Special Compliance Personnel (SCP) Calls.
(7) Non-SCP ACSS employees who receive correspondence on SCP accounts must forward it to PSC Drop Point 4-Q26.132.
CSCO Manual Refund Processing
(1) This IRM subsection provides general manual refund procedures for processing Form 5792, Request for IDRS Generated Refund (IGR), initiated and approved by Field Collection submitted to Philadelphia CSCO for IDRS input.
(2) Philadelphia Service Center (PSC) is the centralized receiving site for all Field Collection manual refunds (Form 5792). Manual Refunds are sent via secure e-mail to the CSCO organizational mailbox, *SBSE PSC CSCO Man Ref, for processing.
(3) Specific instructions for completion of Form 5792, Field Collection employees are responsible to complete the items located in IRM Exhibit 5.1.12-2, Field Collection Processing of Form 5792.
(4) CSCO employees receive Form 5792 from the organizational mailbox. Upon receipt they are required to verify the amount of the refund.
(5) CSCO personnel will ensure the Field Approving Official who signs the refund is on the Authorized Signature List maintained by the Manual Refund Unit in the Campus Accounting Function.
(6) Philadelphia CSCO employees follow procedures found in IRM 21.4.4.5, Preparation of Manual Refund Forms.
(7) CSCO employees will generate another Form 5792 through the IAT tool. They will enter all data in the Form 5792, including the remarks section.
(8) CSCO will email the IAT output version of the Form 5792 for review, approval, and input of the digital signature by the CSCO approving official.
Note: The CSCO approving official signature represents the processing of the refund only. The CSCO approving official did not work the case or make determinations concerning the need to issue the manual refund.
(9) The CSCO approving official provides a valid digital signature and submits via e-mail to the designated Accounting organizational mailbox *W&I SP Manual Refunds Ogden.
(10) CSCO will maintain the Form 5792 received from Field Collection, and Accounting will keep the generated IAT version for a period of five years per IRM 3.17.79.3.2.1, Uploading Forms 3753 and Forms 5792 (PDF Copy) onto the Manual Refund Project SharePoint Site.
(11) CSCO will correct and re-submit Form 5792 rejections due to CSCO input errors only.
(12) CSCO employees who input CC RFUNDR must open an IDRS control base and monitor on IDRS according to IRM 21.4.4.6.1, Monitoring Manual Refunds.
(13) Refer to the following IRMs for additional guidance:
IRM Exhibit 2.4.20-12, Description of Line Numbers
IRM 3.17.79.4.1, Case Review and Command Code REFAP (Refund Approval)
IRM 5.1, Field Collecting Procedures
IRM 5.1.12.20, Manual Refund
IRM 5.1.12.20.1, Manual Refund Procedures
IRM 5.11.2.3.2.1, Wrongful levy
IRM 20.2, Interest
IRM 20.2.4.7, Refunds
IRM 21.4.4, Manual Refunds
IRM 21.4.6.4.2.1, TOP Offset Bypass Indicator (BPI)
Taxpayer Contact Regarding Notices for Deferred Social Security Tax
(1) This subsection provides guidance for responding to taxpayer contacts regarding receipt of notices for deferred Social Security (SS) tax, which include Letter 3064C , Settlement Notice for Deferred Social Security Tax, and (IMF) CP 56V / (BMF) CP 256V, CARES Act SS Tax Deferral Reminder Notices.
Caution: If the deferred amount is paid in full by the due date and there is no other tax due on the module or assessed penalties, the module will be in ST 10/12.
(2) Background: In May 2021, IRS began mailing settlement notices via Letter 3064C to remind taxpayers with deferral amounts that although the deferral amounts are not yet due, they remain liable for any and all amounts that are properly deferred. The reminder explains the liabilities have been assessed and penalties and interest may result if the deferral amount is not paid by the required due dates. In October 2021, IRS began mailing CP 56V / CP 256V as the first courtesy reminder notice that taxpayers may have an amount due on December 31, 2021 if they have deferred the payment and deposit of certain social security taxes incurred from March 27, 2020 to December 31, 2020 under section 2302 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act.
(3) Refer to the following table to provide the taxpayer with an explanation regarding the notice they received.
If taxpayer received... | Then... |
---|---|
Letter 3064C, Settlement Notice for Deferred Social Security Tax |
|
CP 56V or CP 256V, CARES Act SS Tax Deferral Reminder Notice |
|
(4) Deferral Due Dates:
Employee’s portion of deferred Social Security (SS) tax: Under Notice 2020-65 and applicable modifications under Notice 2021-11, if an employer defers employee Social Security taxes (or Tier 1 Railroad Retirement taxes), the employer must withhold and pay the taxes that were deferred ratably from wages or compensation paid between January 1, 2021 and December 31, 2021.
Note: If the deferred tax is not full paid by December 31, 2021, the failure to pay penalty and applicable interest will begin to accrue on the unpaid amount on January 1, 2022. No FTD penalty will be charged on the employee’s portion of deferred SS tax.
Employer’s portion of deferred SS tax: Under Notice 2020-22, Section 2302 of the CARES Act allows employers to defer the deposit of the employer's share of Social Security taxes and certain Railroad Retirement taxes that would otherwise be due on or after March 27, 2020 through December 31, 2020 and payment of the taxes imposed on wages paid during that period. One-half of the eligible deferred employer’s share of Social Security tax is due by December 31, 2021, and the remainder is due by December 31, 2022.
Note: If any part of the employer’s portion of SS tax is paid late, the FTD penalty will be charged on the total deferral amount, including amounts already paid after the return due date but before the December 31st installment due date(s). The failure to pay penalty and interest will begin to accrue on the unpaid amount on January 1st following the December 31st installment due date(s).
Reminder: If the deferred amount is paid in full by the due date and there is no other tax due on the module or assessed penalties, the module will be in ST 10/12.
(5) How to Identify IMF and BMF Modules with Deferred Taxes: The Service is administering deferred payments of Social Security taxes for 2020 by posting a "false credit" with a TC 766 Credit Reference Number (CRN) 280 for the combined amount of employee and employer deferred taxes. Any payment/credit applied towards the deferred tax will generate a reversal of the "false credit" with a TC 767 CRN 280 for the amount of the payment/credit.
(6) How to Determine the Eligible (or maximum) Deferral Amount: The eligible amount of employer’s share of social security taxes that can be deferred for the tax period is the smaller of
the employer’s share of Social Security tax, or
the total taxes after adjustments (e.g., Form 941 line 10, Form 943 line 11, etc.) minus any applicable tax credit for increasing research activities (from Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities) minus total deposits, including overpayments applied from a prior year or amended form.
(7) How to Compute the Amount Due for the Installment Due Dates: The deferred deposits of the employer’s share of Social Security tax must be paid by
December 31, 2021 (50 percent of the eligible deferred amount), and
December 31, 2022 (the remaining amount)
Example: If an employer was eligible to defer $20,000 for the payroll tax deferral period, but paid $15,000 of the $20,000 and deferred $5,000 for the payroll tax deferral period, the employer does not need to deposit any additional amount by December 31, 2021, since 50% of the eligible deferred amount (or $10,000) has already been paid. The employer must pay the remaining $5,000 by December 31, 2022.
Example: The maximum amount an employer was eligible to defer for the third quarter of 2020 is $20,000. The employer deposited $5,000 during the quarter and reported a deferred amount of $15,000. The employer must pay $5,000 by the first installment due December 31, 2021 (half of the eligible deferred amount is $10,000 minus the $5,000 already paid), and the remaining $10,000 is due by December 31, 2022.
(8) Resources To Find Deferred Tax Information:
IMF | BMF |
---|---|
Note: TXMODA displays the "MAXDEFER-CMPTR-AMT" field, which is the total maximum (eligible) deferral amount calculated by adding line 8b of Schedule H (primary and secondary) and line 26 of Schedule SE (primary and secondary) |
Note: Currently TXMODA and BMFOL do not display the maximum (eligible) deferral amount for BMF modules. Also, the employee’s portion of SS Tax deferral and employer’s portion of SS tax deferral is combined as one TC 766 CRN 280. Refer to BMFOLR or view the tax return to see the actual portions of deferred employer share of Social Security tax and employee share of Social Security tax that was included with the TC 766 CRN 280 |
IMFOLM fields:
| BMFOLM fields:
|
"This space intentionally left blank" | BMFOLR fields:
|
|
|
Note: If the taxpayer disagrees with the amount due, See IRM 5.19.1.4.3, Determine Correct Tax Liability.
(9) Repayment of the Deferred Taxes:
If... | Then... |
---|---|
The taxpayer asks about paying the deferred amount before the due date | Advise the taxpayer they may pay the deferred amount anytime prior to the due date. |
The taxpayer asks how to make payments for deferred amounts | Explain that taxpayers can make the deferral payments through the EFTPS or by credit or debit card, money order or with a check. Visit IRS.gov, Paying Your Taxes, and click on the payment method to find instructions for the specific type of payment including what to include on a check or money order and where to mail the payment.
|
(10) Unable to Pay the Deferred Tax by the Due Date: Advise the taxpayer to pay as much as they can as often as they can to avoid additional FTP and interest charges. Refer to the table below, if the taxpayer states they are unable to full pay the deferred tax.
If the taxpayer states... | And the contact is... | Then... |
---|---|---|
They cannot pay the deferred amount | BEFORE the required payment due date and systemic reversal of the deferral amount has not yet occurred Note: A payment plan cannot be set up before the false credit (TC 766 CRN 280) has been reversed with a TC 767. | The taxpayer must wait until after the deferred payment due date and the "false credit" for the deferral has been reversed via a TC 767 CRN 280. The taxpayer should follow instructions in the balance due notice. |
They cannot pay the deferred amount | AFTER the required payment due date and systemic reversal (TC 767 CRN 280) for the deferral amount due has occurred | The taxpayer may contact IRS via phone or visit IRS.gov, Paying Your Taxes to review options for a payment plan, offer in compromise or temporary delay in collection until their financial situation improves. |
They cannot pay the deferred amounts by the 12/31/2021 and 12/31/2022 due dates | AFTER the 12/31/2021 due date and deferral reversal (TC 767 CRN 280), but before the second deferral due date of 12/31/2022 | Explain that a payment arrangement may be considered for the deferral amount due with the first installment (12/31/2021). However, the taxpayer will need to contact IRS again to make payment arrangements for the remaining deferral amount (due 12/31/2022) once the due date is past and deferral reversal is showing. |
Note: If the taxpayer disagrees with the amount due, See IRM 5.19.1.4.3, Determine Correct Tax Liability.
Methods of Payment
(1) The taxpayer may indicate through discussion on the phone or by writing they either:
Can't pay,
Won't pay, or
Will pay later
(2) As Collection Representatives, your mission is to bring the taxpayer into compliance on past due accounts. The purpose of the tiered interview process is to determine the most appropriate case resolution, based on the taxpayer’s ability to pay. To accomplish this, it is imperative that you:
Listen to the taxpayer.
Respond to all of the taxpayer’s questions.
Evaluate the situation carefully.
(3) It is to the taxpayer's advantage to pay the balance of tax due as soon as possible to reduce the amount of penalty and interest charged. Explain to the taxpayer the benefits of paying as soon as possible.
Example: Interest and penalty continues to be charged on the unpaid balance of tax until it is paid in full. See IRM 5.19.1.6.4.16, IA Terms and Conditions.
(4) Taxpayer accounts may be resolved in the following ways:
Payment Method ... | See ... |
---|---|
Immediate full payment, | IRM 5.19.1.6.2, Can Full Pay Balance Due Now (Payoff) |
Short Term Payment Plan, | IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days |
Voluntary Lump Sum Payment (VLSP), | IRM 5.19.1.6.4.21, VLSP |
Installment Agreement (IA) | Paragraphs (6)-(8) below and IRM 5.19.1.6.4, Installment Agreements (IAs) |
Currently Not Collectable (CNC), | Paragraph (9) below and IRM 5.19.17, Campus Procedures for Currently Not Collectible and Offers in Compromise |
Offer In Compromise (OIC), | Paragraph (9) below and IRM 5.19.17, Campus Procedures for Currently Not Collectible and Offers in Compromise |
(5) Short Term Payment Plans are informal agreements where taxpayers may full pay their outstanding liability within up to 180 days. See IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days. See IRM 5.19.1.6.4, Installment Agreements (IAs).
Note: If, during FCC it is determined an IA cannot be granted because a return is due see IRM 5.19.1.6.4.7.1, Requests Not Meeting Pending IA Criteria.
(6) IAs are arrangements between the taxpayer and the IRS, which allow taxpayers to pay their liabilities over time. During the course of IAs, penalties and interest continue to accrue. Generally, no levies may be made during the period that an IA is in effect.
(7) If, during a telephone contact the taxpayer requests an IA, and you determine it must be proposed for rejection, inform the taxpayer that:
The IA is subject to managerial approval.
Generally, all collection actions are suspended until the taxpayer receives a decision regarding the request.
You will attempt to call back within five (5) days; however, if you are unable to reach them by phone, they will receive a letter with our determination for the request within 14 days.
(8) If the taxpayer is denied an IA, see Appeals procedures in IRM 5.19.8, Collection Appeal Rights. All proposed rejections are subject to independent review before informing the taxpayer of the rejection, if they meet associated criteria. See IRM 5.19.1.6.4.9, IA Rejection Criteria. For independent review procedures, see IRM 5.19.1.6.4.10, Proposal to Reject IA to Independent Review.
(9) If the taxpayer indicates they cannot pay, secure financial information to evaluate the taxpayer's ability to pay and consider if they meet CNC requirements or OIC requirements. See IRM 5.19.13, Campus Procedures for Securing Financial Information, and IRM 5.19.17, Campus Currently Not Collectible and Offers in Compromise.
Reminder: Financial information is not required if the taxpayer meets CNC Exception criteria. See IRM 5.19.17.2.4.1, CNC Exception Processing.
(10) If the taxpayer refuses to pay, see IRM 5.19.1.6.1, Taxpayer Refuses to Pay.
Taxpayer Refuses To Pay
(1) If the taxpayer refuses to pay, document the taxpayer’s refusal to pay in AMS comments.
If ... | Then ... |
---|---|
ACS/ST 24, | Warn the taxpayer of enforcement action and follow normal enforcement procedures. IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection. |
Notice Status Accounts, | Input CC STAUP 2200 which generates a final notice to the taxpayer and sends the account to ACS. |
Note: For IMF accounts, the IRS is prohibited from filing a lien or levy to collect the individual SRP. See IRM 5.19.1.5.16.1, Individual Shared Responsibility Payment.
(2) If a wage levy was established by ACS or Field Assistance on a ST 22 account and an initial payment is received, see IRM 5.19.4.4.5, Partial Pay Levies. If two or more payments are received, see IRM 5.19.4.4.6, Continuous Wage Levies - E7 Payment Processing.
Can Full Pay Balance Due Now (Payoff)
(1) These agreements may be granted on assessed or pre-assessed balances for all IMF individual, BMF out-of-business or BMF in-business non-trust fund taxpayers. For ALL FUNCTIONS, phone or paper, follow instructions in paragraphs (2) through (10).
Exception: FA employees, follow IRM 21.3.4.13, Balance Due Accounts.
(2) Use CC INTST, the AMS Full Pay Calculator, the IAT Compliance Suite Payment Calculator, or CC COMPA to compute the payoff amount to the full pay date (see paragraph (5)). For restricted interest computation, refer to IRM 20.2.1.4, Normal and Restricted Interest, IRM 20.2.1.4.2, Manual Calculation of Interest, and IRM 21.5.6.4, Freeze Code Procedures.
(3) Ask the taxpayer if there is any recent payment(s) or levy(s) potentially affecting their account balance. Reduce the payoff amount by anticipated credits not yet pending on IDRS.
(4) If payment is submitted via mail, IRS Direct Pay (IMF taxpayers only), EFTPS or credit card within ten days, follow the Full Pay procedures below. For payments made after ten days, follow IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days.
(5) For payoff requests, compute the payoff as follows and document the amount and computation date on AMS:
Phones | Action |
---|---|
If the taxpayer will mail their payment or take to TAC Office, | Compute the payoff to ten days from the anticipated payment date. |
For debit/credit card or IRS Direct Pay payments, | Compute the payoff to the date the taxpayer states they will authorize the payment. |
For PayNearMe payments, | Compute the payoff to three days from the anticipated payment date. |
For payments made via EFTPS, | Compute the payoff amount to the date the payment is requested by the taxpayer unless requested after 8:00 PM ET; if so, use the next day. |
Correspondence | Action |
---|---|
If the taxpayer will mail their payment by a specific future date, | Compute the payoff to 21 days from the anticipated payment date. |
If the taxpayer provides no date, or the date has passed, | Compute the payoff to 30 days from today. |
(6) For COMBO accounts in ST 22 or 24 (IMF or BMF) allow the full pay within 10 days and establish a firm date for filing the missing returns. Refer to IRM 5.19.1.4.4.1, Full Compliance Check. Refer to IRM 5.19.1.4.1(3), Account Actions on Referral/Redirects, for modules in ST 24. AMS must be documented with the terms of filing and payment commitments.
(7) If there are modules in ST 23, input CC MFREQ and TC 290, PC 5 to force accruals to post. For restricted penalty computation, refer to IRM 20.1.2, Failure To File/Failure To Pay Penalties. For Modules in ST 53, reverse the TC 530 with a TC 531 to include the amount in the balance due computation.
(8) Advise the taxpayer to send the payment ensuring IRS receipt by the promised date. Provide the campus address for mailing payments and complete instructions to the taxpayer regarding payments. IRM 5.19.1.2.7, Ways to Make Payments.
(9) For Notice Status Cases:
If ... | Then ... |
---|---|
ST 21, | Input CC STAUP 5808. |
All others, | Input CC STAUP 2208. |
Reminder: If the request date to full pay falls within the grace period of the notice, no CC STAUP is required.
(10) For ACS/ACSS: Reassign case as follows:
If ... | Then ... |
---|---|
A "FNL NOT" date displays on the ACS MOD Screen for all balance due tax modules, | Enter "TOE3 XX,FLPY". |
A "FNL NOT" date is missing from one or more balance due tax modules and there is a levy source, | Enter "TOE2 XX,FLPY". |
All other cases, | Enter "TOI7 XX,FLPY". |
Note: If there are no levy sources on ACS, send case "TOI7 XX,FLPY".
Note: "XX" = The number of days to mailing or anticipated/authorized payment date plus 21.
(11) Enter the promise to pay date and amount on AMS comments or CC ENMOD if no access to AMS. See IRM 5.19.1.2.4, Documenting Account Actions.
(12) Summarize the full payment agreement verbally or in writing. When appropriate, provide a warning of enforcement action. See IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection.
Short Term Payment Plan Within 180 Days
(1) IMF, BMF out of business only or BMF in business non trust fund taxpayers may be granted Short Term Payment Plans up to 180 days for modules in Notice Status and ST 22 (or ST 23 or ST 24), if no prior Short Term Payment Plan has been granted.
Exception: A request for a Short Term Payment Plan on post-petition liabilities is non-processable when a taxpayer is in bankruptcy. See IRM 5.19.1.5.2.2, Insolvency - Short Term Payment Plan/IA Requests on Post-Petition Periods.
(2) Such agreements may be granted on assessed or pre-assessed balances for all IMF individual, BMF out-of-business or BMF in business non trust fund taxpayers; see IRM 5.19.1.2.6.2, Short Term Payment Plans, for authority levels and duration of Short Term Payment Plans. Taxpayers do not qualify for 180 day Short Term Payment Plans if previously allowed the maximum days. A pre-assessed Short Term Payment Plan up to 180 days can be granted on correspondence; follow the same established criteria: IRM 5.19.1.6.4.15, Pre-Assessed IA Requests.
(3) This type of agreement cannot be granted for any IBTF taxpayer. Any taxpayer with an open employment tax filing requirement is considered in-business and is not eligible for this type of agreement for past due trust fund taxes. See IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
(4) Use CC INTST, the AMS Full Pay Calculator, the IAT Compliance Suite Payment Calculator, or CC COMPA to compute the payoff amount to the full pay date (see paragraph (5)). For restricted interest computation, refer to IRM 20.2.1.4, Normal and Restricted Interest, IRM 20.2.1.4.2, Manual Calculation of Interest, and IRM 21.5.6.4, Freeze Code Procedures.
(5) All actions taken on the account must be clearly documented on AMS. Refer to IRM 5.19.1.2.4, Documenting Account Actions.
If ... | Then ... |
---|---|
All modules are in Notice Status, | Input Short Term Payment Plan on IDRS. See
|
Any modules are in Status 22, | Input Short Term Payment Plan on ACS. Move the case to the appropriate ACS inventory for the payment to post. |
Example: The taxpayer states they can full pay within 90 days and there are balance due modules in ST 22 or 24 and there have been no prior Short Term Payment Plans given; grant the taxpayer's request. Inform the taxpayer payment must be received by IRS by the promised date. If the final notice was issued and there are levy sources present, move the case to E3 inventory; if the final notice was not issued and there are levy sources present, move to the case to E2 inventory. If there are no levy sources move to I7 inventory, with a follow up of 21 days past the promise date for payment receipt and processing. The taxpayer calls on the 90th day requesting an additional 90 days to full pay; you may extend for 90 additional days. Do not allow more than the maximum of 180 days, this does not include the additional seven days for internal processing of the payment.
(6) These procedures also include taxpayers who claim they are filing a refund return or an amended return that will full pay their balance due.
(7) Existing Short Term Payment Plans may be revised by adding new modules or allowing additional time, provided the total time to full pay does not exceed 180 days from the original request date.
(8) If a taxpayer is in Notice Status and requests a Short Term Payment Plan for 90 days, and a prior request was granted for the maximum of 180 days, do not allow additional time unless there are unusual circumstances such as Combat Zone or a disaster area declared by the president. Document AMS in detail with the reason for granting the additional time. If additional time is not granted, other payment options and methods should be discussed.
(9) A new Short Term Payment Plan of up to 180 days may be granted only after all modules from any prior payment agreement have been full paid.
Note: You must consider all previously granted Short Term Payment Plans.
Example: A 180-day Short Term Payment Plan is granted for a taxpayer’s 2016 and 2017 Form 1040 balances due. They full pay their liabilities within 180 days as promised. The taxpayer subsequently files a 2018 Form 1040 with a balance due and requests a new 180-day Short Term Payment Plan. The taxpayer may be allowed up to 180 days to pay off their new balance due.
Caution: ACS, ACSS or FA do not establish up to 180 day Short Term Payment Plans when any module is in ST 22 using CC IAGRE. These cases are being monitored on the ACS system for receipt of payment. ACS, ACSS, CSCO or FA will establish any up to 180-day Short Term Payment Plans when all modules are in notice status using CC IAGRE.
(10) If the taxpayer does not qualify for a Short Term Payment Plan of up to 180 days, determine if the taxpayer meets IA criteria. See IRM 5.19.1.6.4, Installment Agreements (IAs).
(11) If an IMF or BMF taxpayer has an open TDI, see return filing requirements. IRM 5.19.1.4.4.1, Full Compliance Check. Allow the Short Term Payment Plan for up to 180 days if it meets criteria and establish a firm date for filing the missing returns within the appropriate time frames.
Caution: IDRS will not allow the input of CC IAGRE when there is an open TDI. For these agreements, input a CC STAUP for the next Notice Status for 9 cycles. Document AMS of return requested and Short Term Payment Plan.
(12) When working correspondence, the date used to determine the start of the maximum Short Term Payment Plan is within 180 days time frame from the IRS received date on the correspondence, or postmark if no IRS receive date. Input the Short Term Payment Plan, except when ten days or less of the Short Term Payment Plan time frame remains; In that instance, document AMS with the Short Term Payment Plan for up to 180 days information (number of days requested) and:
For Notice Status accounts, if ST 21, input CC STAUP to 5805; all other statuses, input CC STAUP to 2205.
For ST 22 accounts, reassign.
(13) If the taxpayer requests a Short Term Payment Plan for an IA in ST 6X, deny the request and inform them a Short Term Payment Plan does not extend their time for collection appeal rights. Do not convert a taxpayer request for an IA that is for 180 days or less to a Short Term Payment Plan.
Caution: Per IRC 7122(e)(2), there are appeal rights associated with an IA that do not apply to Short Term Payment Plans. Taxpayers may appeal the modification or termination of an IA; taxpayers may also appeal the rejection of a proposed IA.
Reminder: While we cannot convert an existing IA to a Short Term Payment Plan, the taxpayer may submit full payment at any time. Advise the taxpayer they may call 800-829-1040 to obtain a current pay off amount, when they are ready to send full payment.
(14) Use the following table when processing a Short Term Payment Plan and no TDIs are present:
Note: If the maximum days for a Short Term Payment Plan were previously granted, deny the request.
If ... | And ... | Then ... |
---|---|---|
ST 22 or ST 24, | Other periods in ST 71 with an unreversed TC 480 or TC 780 (-Y Freeze), | Advise the taxpayer to call the OIC Unit in the applicable Compliance Campus Location within 10 days. See SERP for a listing of OIC Sites under the Who/Where tab.
|
Notice Status, | With other unreversed TC 480 and TC 780 (ST 71) modules (-Y Freeze), | |
ST 22, | IMF, OOB or BMF in business non trust fund, |
|
ST 24, | IMF, OOB or BMF in business non trust fund, |
|
ST 60, | CTLV Continuous Wage Levy (ALN xx08), |
|
ST 60, | Regular IA, | Leave history in AMS, do not change the current IA. See paragraph (13) above. |
ST 53 or 23, | IRM 5.19.1.6.4.5, Account Statuses Affecting IAs. Caution: Input the IA before CC MFREQ or the computer will not allow CC IAGRE input. | |
Notice Status, | IMF, OOB or BMF in business non trust fund, |
|
(15) AMS must be documented with the terms of filing and payment commitments; see IRM 5.19.1.2.4, Documenting Account Actions. Input the Short Term Payment Plan to IDRS using either Exhibit 5.19.1-4, IDRS Input of Short Term Payment Plans, 180 Days or Less, CC IAORG for ACS/ACSS/CSCO/FA, or Exhibit 5.19.1-5, IDRS Input of Short Term Payment Plans, 180 Days or Less, CC IAREV for ACS/ACSS/CSCO/FA.
(16) Send Letter 681C, Proposal to Pay Later Accepted, to confirm the Short Term Payment Plan including:
Payment date,
Amount due (computed to the payment date),
Warning of enforcement action (when appropriate - see IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection), and
Campus address to mail the payment.
Note: See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
Note: For the return and payment addresses, use the Service Center payment address based upon Submission Processing. See SERP, Who/Where tab, Collections Payment Addresses.
Note: During weekend processing, TC 971 AC 899 are systemically generated on all modules included in a Short Term Payment Plan that were input to IDRS; this entry identifies why the account became ST 60. The failure to pay rate is not reduced on Short Term Payment Plans.
Installment Agreements (IAs)
(1) For information on oral statements, see IRM 21.1.3.20, Oral Statement Authority.
(2) Written requests stating one or more of the following statements:
I need to, or would like to make payments
I can send payments
Send me a bill every month
I would like to make installments
Caution: If you receive an IA request from a taxpayer where they state their payment arrangement with former Private Collection Agency Performant or Pioneer has ended due to the recent contract expiration, refer the case to the Andover Campus Collection for expedited processing. See IRM 5.19.1.5.21.6, Payment Arrangements (PA) Granted by Private Collection Agencies.
Note: If the IA was requested on Form 9465, Installment Agreement Request, enter "94" in the XX position of the ALN, except for DDIAs. See Exhibit 5.19.1-9, ALNs.
Note: Form 433-H, Installment Agreement Request and Collection Information Statement, is a new hybrid form that was introduced in May 2019. It combines an IA request with a Collection Information Statement (CIS), and is intended for IMF taxpayers who are wage earners only who do not meet SIA criteria.
(3) You have the authority to grant an IA either orally or in writing unless it is a DDIA. A DDIA requires the taxpayer's signature. IRM 5.19.1.6.4.13, DDIA. If you orally grant an IA, you must still send a written confirmation of the agreement by mail to the taxpayer.
(4) If Form 433 is received, input the financial data on AMS to determine if the taxpayers’ ability to pay (full pay, Short Term Payment Plan, IA or is unable to pay), refer to IRM 5.19.13, Campus Procedures for Securing Financial Information.
Exception: If at any time during the process the taxpayer qualifies for, and agrees to a SIA, input of the financial information is not necessary. Input the IA as agreed to, document AMS with SIA information and destroy the Form 433.
Exception: If a taxpayer requests an IA on Form 433-H, Installment Agreement Request and Collection Information Statement, and the proposed IA meets SIA criteria, input of the financial information is not necessary. Input the IA as agreed to, document AMS with SIA information as described above. However, if the request is for a DDIA, the Form 433-H must be retained. Follow procedures in IRM 5.19.1.6.4.13, DDIA.
(5) Requests may be received by only one taxpayer on a joint liability wishing to establish an IA. "Mirroring" of Married Filing Joint (MFJ) accounts can be done to provide the ability for the secondary taxpayer to make payments in these situations, IRM 5.19.1.6.7.1, Front End Mirror Assessments Process for IA Closures.
(6) If receiving a request for an IA from the taxpayer via e-mail, DO NOT respond via e-mail. Use of e-mail to contact the taxpayer is prohibited due to disclosure issues. Contact the taxpayer by phone or correspondence. If using correspondence, advise the taxpayer to call the toll free number to request an IA.
(7) Consider which of the following types of IAs may be considered if the taxpayer meets all other IA criteria; filing and paying compliance, and are within the dollar criteria for each specific type of IA.
(8) Guaranteed IA, IRC 6159(c), requires the IRS to accept the taxpayer's proposal of an IA if the following conditions are met:
The taxpayer is an individual and owes income tax of $10,000 or less, excluding penalties and interest. See IRM 5.19.1.2.6.3.1, Installment Agreements - All Employees, for case processing authority levels.
Note: Unlike the criteria for SIAs, the dollar limit for guaranteed IAs of $10,000 or less only applies to tax. The taxpayer may owe additional amounts in penalty and interest (both assessed and accrued) and qualify for a guaranteed IA, so long as the tax liability alone is not greater than $10,000.
During the preceding five taxable years, the taxpayer (including their spouse if the requested IA is for a jointly filed return), has not failed to file or to pay income taxes, nor entered an IA for payment of taxes).
The taxpayer cannot pay the tax immediately.
Exception: As a matter of policy, the Service grants guaranteed agreements even if taxpayers are able to fully pay their accounts.
The IA provides for full payment of the liability within three (3) years.
The taxpayer agrees to continue to comply with the tax laws and the terms of the IA for the period (up to three years) the IA is in place.
A Guaranteed IA must be allowed even if it is determined the taxpayer has the ability to make larger monthly payments; accept the IA regardless of the amount proposed. However, the payment amount must provide for full payment of the liability within three (3) years.
Example: A taxpayer’s total outstanding liability is $200, and they request an IA for $10 per month. Compliance Suite shows that the proposed payment will full pay in three (3) years. If the account meets the remaining requirements, the proposed IA must be granted as a Guaranteed IA.
Guaranteed IA CIS Requirements: A financial statement is not required.
Guaranteed IA Managerial Approval Requirements: Managerial approval is not required.
Guaranteed IA NFTL Determination Requirements: A NFTL determination is not required.
Guaranteed IA ALN: A "36" should be entered in the YY position of the ALN, as for any SIA $25,000 and under. See Exhibit 5.19.1-9, ALNs.
(9) SIA $25,000 and under: Type of entity:
IMF
OOB Sole Proprietor
BMF Non-Trust Fund
The AAB (CC SUMRY balance) will be fully paid in 72 months, or
The agreement will be fully paid prior to the CSED,
Note: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Reminder: Employees considering SIAs can apply the Express Filing Compliance Check. See IRM 5.19.1.4.4.1.1, Express Filing Compliance Check.
SIA $25,000 and under CIS Requirements: A financial statement is not required.
SIA $25,000 and under Managerial Approval Requirements: Managerial approval is not required.
SIA $25,000 and under NFTL Determination Requirements: A NFTL determination is not required.
SIA $25,000 and under ALN: Normally, "36" should be entered in the YY position of the ALN; however, see Exhibit 5.19.1-9, ALNs, for further information on ALNs.
Note: If the taxpayer meets TAS referral criteria, see IRM 5.19.1.3.2.3, Taxpayer Advocate Service (TAS).
(10) SIA over $25,000: CSCO, ACS, ACSS and Field Assistance employees are authorized to establish IAs for balances using SIA over $25,000 criteria (IMF and OOB Sole Proprietors only) when the AAB (CC SUMRY) is between $25,001 and $50,000 and:
The AAB (CC SUMRY balance) will be fully paid in 72 months, or
The agreement will be fully paid prior to the CSED,
Note: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Reminder: Employees considering SIAs can apply the Express Filing Compliance Check. See IRM 5.19.1.4.4.1.1, Express Filing Compliance Check.
SIA over $25,000 CIS Requirements: A financial statement is not required.
SIA over $25,000 Managerial Approval Requirements: Managerial approval is not required.
SIA over $25,000 NFTL Determination Requirements:
SIA over $25,000 ALN: Normally, "37" should be entered in the YY position of the ALN; however, see Exhibit 5.19.1-9, ALNs, for further information on ALNs.
If ... | Then ... |
---|---|
IA is established as a DDIA or PDIA, | NFTL determination is not required. (Taxpayer must authorize DDIA or PDIA before IA is established to qualify.) See IRM 5.19.1.6.4.13, DDIA, and IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement. |
Regular IA, | NFTL determination is required. For pre-filing considerations, see IRM 5.19.4.5.1, Notice of Federal Tax Lien Filing Determinations. For NFTL filing procedures see IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information. Exception: If the taxpayer’s liability is only for tax year 2019 and the module is still in Notice Status, a NFTL determination is not required. |
(11) Non-Streamlined IA (NSIA) or Regular IA - IMF & OOB Sole Proprietors: NSIA is considered when the taxpayer cannot qualify for a SIA. CSCO, ACS, ACSS and Field Assistance employees are authorized to establish NSIAs. The agreement must be fully paid prior to the CSED. See IRM 5.19.1.2.6.3, Installment Agreements, and IRM 5.19.13, Campus Procedures for Securing Financial Information.
NSIA CIS Requirements:
$100,000 (FA),
$250,000 (ACS, ACSS, and CSCO),
AMS history must contain the Compliance Suite Payment Calculator calculation showing the IA will be fully paid by the CSED, and
A history item must be input on CC ENMOD indicating "NOCIS".
NSIA Managerial Approval requirements:
There is no history of IA defaults for any module to be included in the IA, and
No modules are in ST 22 or ST 24.
There is history of IA defaults for any module to be included in the IA, or
One or more modules are in ST 22 or ST 24.
NSIA NFTL Determination Requirements: A NFTL determination is required. For pre-filing considerations, see IRM 5.19.4.5.1, Notice of Federal Tax Lien Filing Determinations. For NFTL filing procedures see IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
Exception: If the taxpayer’s liability is only for tax year 2019 and the module is still in Notice Status, a NFTL determination is not required.
NSIA ALN: Normally, "09" should be entered in the YY position of the ALN for NSIAs; however, see Exhibit 5.19.1-9, ALNs, for further information on ALNs.
If ... | Then ... |
---|---|
AAB (CC SUMRY) is up to: | A financial statement is not required, but: |
AAB (CC SUMRY) is between $250,001 and $999,999 (ACS/ACSS), Note: See IRM 5.19.1.2.6.3.4, Installment Agreements - ACS and ACSS Employees, for additional information. | A financial statement is required. See IRM 5.19.13, Campus Procedures for Securing Financial Information. |
Note: If liquidation of any asset(s) or equity in an asset will result in full pay or a substantial partial payment, see IRM 5.19.13.3.4, Making the Collection Decision.
Note: If the financial analysis supporting a prior NSIA determination is no more than twelve months old, a new liability or liabilities may generally be closed using the same determination without further investigation for amounts up to (total of all modules) $25,000 including previous modules included in the IA.
If ... | And ... | Then ... |
---|---|---|
AAB (CC SUMRY) is $25,000 or less, | "This space intentionally left blank." | Managerial approval is not required, but AMS history must contain the Compliance Suite Payment Calculator calculation showing the IA will be fully paid by the CSED. |
AAB (CC SUMRY) is between $25,001 and $50,000, | Managerial approval is not required, but AMS history must contain the Compliance Suite Payment Calculator calculation showing the IA will be fully paid by the CSED. | |
AAB (CC SUMRY) is between $25,001 and $50,000, | Managerial approval is required. | |
AAB (CC SUMRY) is more than $50,000, | "This space intentionally left blank." | Managerial approval is required. |
Note: See IRM 5.19.1.2.6.3, Installment Agreements, and IRM 5.19.1.6.4.8, IA Managerial Approval.
(12) Partial Pay IA (PPIA) - IMF & OOB Sole Proprietors: If full payment cannot be secured by the CSED and the taxpayer has requested to make payments or has some ability to pay, a PPIA should be considered. See IRM 5.19.1.2.6.3, Installment Agreements, for dollar criteria. See IRM 5.19.1.6.5, PPIA, for PPIA procedures, even if the taxpayer qualifies for a CNC (establish account as a back up TC 530).
Note: Taxpayers entering PPIAs who have defaulted an IA in the past 24 months will be required to make monthly payments via DDIA or PDIA unless they are unbanked and unemployed/self employed. (Taxpayer must authorize DDIA or PDIA before PPIA is reinstated to qualify.) See IRM 5.19.1.6.5.3.2, Revising/Reinstating PPIAs.
PPIA CIS Requirements: A financial statement is required. See IRM 5.19.13, Campus Procedures for Securing Financial Information.
PPIA Managerial Approval Requirements:
PPIA NFTL Determination Requirements: A NFTL determination is required. For pre-filing considerations, see IRM 5.19.4.5.1, Notice of Federal Tax Lien Filing Determinations. For NFTL filing procedures see IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
PPIA ALN: Normally, "12" should be entered in the YY position of the ALN; however, see IRM 5.19.1.6.5.3.1, Input of PPIAs, and Exhibit 5.19.1-9, ALNs, for further information on ALNs.
If ... | Then ... |
---|---|
AAB (CC SUMRY) is $25,000 or less, | Managerial approval is not required. |
AAB (CC SUMRY) is more than $25,000, | Managerial approval is required. |
Note: See IRM 5.19.1.2.6.3, Installment Agreements, and IRM 5.19.1.6.4.8, IA Managerial Approval.
(13) IBTF Express: CSCO, ACS, ACSS and Field Assistance employees are authorized to establish IBTF Express Agreements up to AAB (CC SUMRY) of $25,000.
IBTF Express Payment Method Requirements:
IBTF Express Managerial Approval Requirements: Managerial approval is not required, but AMS history must contain the Compliance Suite Payment Calculator calculation showing the IA will be fully paid within 24 months.
IBTF Express NFTL Determination Requirements: A NFTL determination is not required but may be filed if the NFTL will protect the government’s interest, such as if a property sale is imminent. For pre-filing considerations, see IRM 5.19.4.5.1, Notice of Federal Tax Lien Filing Determinations. For NFTL filing procedures see IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
IBTF Express ALN: A "15" should be entered in the YY position of the ALN; however, see IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement, and Exhibit 5.19.1-9, ALNs.
If ... | Then ... |
---|---|
AAB (CC SUMRY) is less than $10,000, | The IBTF Express may be established using any payment method. |
AAB (CC SUMRY) is between $10,000 and $25,000, | The IBTF Express must be established as a DDIA. (Taxpayer must authorize DDIA before IA is established to qualify.) See IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement, and IRM 5.19.1.6.4.13, DDIA. |
(14) An IA cannot be considered unless all filing and payment compliance has been addressed for IMF and Out-of-Business Sole Proprietor, IRM 5.19.1.4.4.1, Full Compliance Check. To determine if the account meets campus authority level for the AAB (CC SUMRY) modules, see IRM 5.19.1.2.6.3, Installment Agreements, for case processing authority levels, and IRM 5.19.1.6.4.5, Account Statuses Affecting IAs.
(15) Payoff Requests: Taxpayers may submit full payment at any time. If a taxpayer on an IA wants to pay off their balance, do not convert their IA to a Short Term payment plan (See IRM 5.19.1.6.3(12), Short Term Payment Plan Within 180 Days. Use CC INTST, the AMS Full Pay Calculator, the IAT Compliance Suite Payment Calculator, or CC COMPA to compute the payoff amount to the full pay date as described in IRM 5.19.1.6.2(5), Can Full Pay Balance Due Now (Payoff). For restricted interest computation, refer to IRM 20.2.1.4, Normal and Restricted Interest, IRM 20.2.1.4.2, Manual Calculation of Interest, and IRM 21.5.6.4, Freeze Code Procedures.
Note: If it has not been paid yet, advise the taxpayer of the user fee.
Determining Appropriate IA
(1) Determine if the account meets SIA criteria, based on the AAB (CC SUMRY) or if the IA requires securing a financial statement. See IRM 5.19.1.2.6.3, Installment Agreements.
Note: If an IA determination cannot be made within 24 hours, and the request meets pending IA criteria: IRM 5.19.1.6.4.7, Pending IA Criteria. You must input a TC 971 AC 043 to stop any collection activity while making an IA determination.
(2) When speaking to the taxpayer or working correspondence and the AAB (CC SUMRY) amount is $25,000 or less (including any modules in ST 53 or 23, as well as pre-assessed/unassessed modules), follow the procedures in the table below:
Exception: For IBTF Express Agreements, see IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
Note: Refer to IRM 5.19.1.4.1(3), Account Actions on Referral/Redirects, for modules in ST 24.
Reminder: ACS Employees: Refer to Exhibit 5.19.1-3, ACS Call Flow.
Reminder: See Exhibit 5.19.1-9, ALNs, to determine the appropriate ALN.
If ... | And ... | Then ... |
---|---|---|
| A monthly payment amount is proposed that meets Guaranteed IA criteria (See IRM 5.19.1.6.4(8), IAs), |
|
|
whichever comes first, Note: The payment amount need not be the same throughout the 72 months; it can be an IA with increasing payments provided the AAB (CC SUMRY) is full paid within 72 months, |
|
| No monthly payment amount is proposed, |
|
| No monthly payment amount is proposed, |
|
| No monthly payment amount is proposed, |
|
| A monthly payment amount is proposed that will not full pay within 72 months, but does meet the CSED, |
|
| A monthly payment amount is proposed that does not meet CSED and the taxpayer has provided financial information (if required). Example: Completed Form 433-F, Collection/Information Statement, or Form 433-H, Installment Agreement Request and Collection Information Statement. |
|
| A monthly payment amount is proposed that does not meet CSED and the taxpayer has not provided financial information (if required). |
|
Reminder: The first monthly payment should be at least the amount of the applicable user fee when the proposed payment amount is less than the user fee; subsequent payments revert to the requested payment amount.
Note: If the taxpayer will make a Voluntary Lump Sum Payment (VLSP), see IRM 5.19.1.6.4.21, VLSP.
(3) When speaking to the taxpayer or working correspondence and the AAB (CC SUMRY) amount is more than $25,000 (including any modules in ST 53 or 23, as well as pre-assessed/unassessed modules), follow the procedures in the table below. See IRM 5.19.1.2.6.3, Installment Agreements.
Exception: For IBTF Express Agreements IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
Note: Refer to IRM 5.19.1.4.1(3), Account Actions on Referral/Redirects, for modules in ST 24.
Reminder: See Exhibit 5.19.1-9, ALNs, to determine the appropriate ALN.
If ... | And ... | Then ... |
---|---|---|
The taxpayer indicates they will make a payment that will reduce the balance due to $25,000 or less, Caution: Do not establish an IA including a VLSP. The VLSP must be received before the IA can be granted. |
whichever comes first, |
|
The taxpayer is IMF or OOB Sole Proprietor only and their balance is between $25,001 and $50,000, |
whichever comes first, |
|
The taxpayer is IMF or OOB Sole Proprietor only and their balance is between:
| A monthly payment amount is proposed that will not full pay within 72 months, but does meet the CSED, |
|
The taxpayer is IMF or OOB Sole Proprietor only and their balance is between:
| A monthly payment amount is proposed, but:
|
|
The taxpayer is IMF or OOB Sole Proprietor only and their balance is between:
| A monthly payment amount is proposed, but:
|
|
(4) For NSIA accounts of more than $10,000, make a NFTL determination. For NFTL filing procedures see IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
Exception: If the taxpayer’s liability is only for tax year 2019 and the module is still in Notice Status, a NFTL determination is not required for SIAs over $25,000 and NSIAs.
(5) When tools such as CC ICOMP or the IAT Compliance Suite Payment Calculator are used to assist with case processing, document results in AMS history.
(6) Special handling is required for IA requests received from a Sole Proprietor involving both IMF and BMF delinquencies. For procedures, see IRM 5.19.1.6.4.4, IMF/BMF Related Accounts. For additional information on IBTF, see IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
IA Requirements IBTF Express Agreement
(1) SB/SE CSCO, ACS/ACSS and Field Assistance employees may offer IBTF Express Agreements to small businesses who have an unpaid balance of assessment of $25,000 or less.
Note: These types of IAs are for ALL IBTF accounts which include Sole Proprietors.
(2) Calls or correspondence received by any functions other than those listed above should be routed as indicated below:
For correspondence: Notice Status – Forward to appropriate SB/SE CSCO Campus, or ST 22 - Forward to appropriate SB/SE ACSS Campus.
Calls: Follow IRM 5.19.1.3.4.3.6, BMF Taxpayer.
(3) In order to participate in the IBTF Express Agreements, taxpayers must meet the following criteria:
IBTF Express Agreements up to AAB (CC SUMRY) $25,000 do not require managerial approval.
Taxpayers must be in filing compliance. See IRM 5.19.1.4.4.1, Full Compliance Check. If not, the IA will not be granted.
Taxpayers have to meet the dollar criteria at the time the IBTF Express IA is granted. The entire liability may not exceed $25,000 AAB (CC SUMRY) when the request is made.
Note: If a taxpayer owes more than $25,000, they can choose to reduce their liability to $25,000 or less by making a lump sum payment in order to participate. The lump sum payment MUST be made prior to the establishment of the IA. The taxpayer must be advised that if the lump sum payment is not received by the promised date that the account will be transferred to an RO. See IRM 5.19.1.6.4.2.1, Lump Sum Payment for IBTF Express ONLY, for additional guidance on handling these types of cases.
The entire liability including accruals must be paid within 24 months, or before the CSED, whichever is earlier. To help determine if the account will be fully satisfied within the 24 months, use the IAT Compliance Suite Payment Calculator.
The taxpayer must enroll in a DDIA for any IBTF Express Agreements with an AAB (CC SUMRY) between $10,000 and $25,000.
Note: When working with taxpayers who meet the criteria for an IBTF Express Agreement, employees must follow all the procedures for establishing a DDIA. (Non CSCO/ACS/ACSS/CCP employees are prohibited from inputting the DDIA.) See IRM 5.19.1.6.4.13, DDIA, for additional information on DDIAs.
(4) Accounts less than $10,000 may have an IBTF Express IA without using the DDIA payment option.
(5) If the taxpayer had a previous IBTF Express Agreement with an AAB (CC SUMRY) under $10,000 that defaulted or was terminated, a reinstatement or new IA may be granted immediately if:
The taxpayer re-qualifies for an IA under the above guidelines.
The CSED is protected.
Taxpayers owing less than $10,000 are requesting the option of a Direct Debit payment. See IRM 5.19.1.6.4.13, DDIA.
(6) If the taxpayer had a previous IBTF Express Agreement with an AAB (CC SUMRY) between $10,000 and $25,000 and:
The CP 523, Installment Agreement Default Notice, was issued and the account is in ST 64 or ST 22, do not allow a reinstatement or new IA. Accelerate the case to the field. See paragraph (9)(c) or (d) below, as appropriate.
The CP 523, Installment Agreement Default Notice, has not been issued and the account is in any status other than ST 64 or ST 22, then a reinstatement or new IA may be granted.
(7) If the taxpayer has a IBTF-Express IA, they can convert to a IBTF-Express DDIA per IRM 5.19.1.6.4.13.1(8), DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request, and meet all of the requirements listed in paragraph (2) above.
(8) Request full payment. If the taxpayer is unable to full pay today:
IBTF Express Agreements up to AAB (CC SUMRY) $25,000 do not require managerial approval.
Grant the IBTF Express Agreement (if it meets the requirements).
Financial is not required.
A NFTL determination is not required employees but may be filed if the NFTL will protect the government’s interest, such as if a property sale is imminent.
If for any reason rejection of the IA is planned, refer to the Independent Reviewer.
(9) Forward requests for an IBTF Express Agreement exceeding the dollar criteria to the field for processing. (This includes requests received on accounts with delinquent returns.)
Enter history item "EXCDIAAUTH" on IDRS CC ENMOD.
If the request meets pending IA criteria, document AMS history and input TC 971 AC 043. Refer to IRM 5.19.1.6.4.7, Pending IA Criteria.
For cases in ST 22, reassign the case "TOI7,TFRO". See IRM 5.19.5.8.4, I7 - Transfers Actions.
For cases in Notice Status, input CC STAUP 2209.
(10) If you are speaking with the taxpayer and there are delinquent returns following the procedures in IRM 5.19.1.4.4.1(3) and (4). Then complete all steps in the list below:
Attempt to get the taxpayer to agree to full pay.
Complete the conversation by addressing the FTD requirements; if not current, see IRM 5.19.1.4.4.2, Balance Due Taxpayer Education (Cause and Cure). Explain to the taxpayer they must be current with payments by the specific deadline given for filing delinquent returns.
Input AMS narrative.
Reassign as follows:
If ... | Then ... |
---|---|
ACS | Reassign the case "TOI7 45,RESUBMIT". See IRM 5.19.5.8.4, I7 - Transfers Actions. |
Notice Status | Input CC STAUP 2209. |
(11) If you are working correspondence and there are delinquent returns, deny the request for an IA; accounts with delinquent returns do not qualify for independent review or appeal rights: IRM 5.19.1.6.4.7.1, Responses Not Meeting Pending IA Criteria. Refer the case to the field following the procedures in paragraph (10)(c) or (d) above, as appropriate.
(12) When the taxpayer is not current in making FTD deposits in the current quarter and there are no delinquent returns, complete all steps in the list below:
The account meets pending I/A criteria, input a TC 971 AC 043. See IRM 5.19.1.6.4.7, Pending IA Criteria.
Follow rejection procedures with appeal rights and independent review. See IRM 5.19.1.6.4.9(2), IA Rejection Criteria.
Refer the case to the field following the procedures in paragraph (10)(c) or (d) above, as appropriate, after the 60 day appeal period.
(13) Input the IBTF Express IA using Agreement Locator Number (ALN) XX15. XX15 was "previously" set aside for revenue officers but is now required for all functions in relationship to IBTF or IBTF Express Agreements. Exhibit 5.19.1-9, ALNs
Note: The agreement should be input with a regular Streamlined Originator Code (such as 76, 72, etc.). See Exhibit 5.19.1-10, IA Originator Codes
(14) After the IA is input, ACS employees must input action history: ACS: "TOC0, 21,IADONE" ACSS: "TOS0, 21,IADONE".
(15) After all qualifications are met, and an IBTF Express IA is granted, send Letter 2273C, Installment Agreement Accepted - Terms Explained, (or other appropriate letter). See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
Lump Sum Payment for IBTF Express ONLY
(1) If a taxpayer owes more than $25,000 AAB (CC SUMRY), they can choose to reduce their liability to $25,000 or less by making a lump sum payment in order to participate.
(2) The maximum amount of time allowed for the taxpayer to submit the payment will be 30 days. Allow an additional 15 days to the deadline for the payment to post. AMS histories must be clearly documented.
SBSE CSCO tax examiners must suspend the case, using the Activity Code to "WFIBPD" and maintain the case in their inventory under their control until the payment posts.
SB/SE ACS/ACSS employees will suspend the case and reassign the account "TOR5, 45,IBTF/LS" (ACS) or "TOS5, 45,IBTF/LS" (ACSS).
(3) If the lump sum payment has not been received by the follow-up date, transfer the account to an RO, following the procedures in IRM 5.19.1.6.4.2(10), IA Requirements IBTF Express Agreement.
Note: All other procedures related to VLSPs are to be followed. IRM 5.19.1.6.4.21, VLSP.
IA Requirements - BMF Non-Trust Fund
(1) Forward requests for an IA exceeding authority levels shown in IRM 5.19.1.2.6.3, Installment Agreements, to the field for processing.
ACS: Enter "TOI7,05,TFRO". See IRM 5.19.1.4.1.1 , Account Actions on Referral/Redirects - ACS and ACSS Employees.
Notice Status: Follow instructions in IRM 5.19.1.4.1(9), Account Actions on Referral/Redirects.
(2) Enter history item "EXCDIAAUTH" on IDRS CC ENMOD or document AMS comments with Exceeds IA Authority.
(3) CSCO, ACS/ACSS and Field Assistance employees may grant an IA for BMF Non-Trust Fund income taxes only if the balance due is within their case processing authority level. See IRM 5.19.1.2.6.3, Installment Agreements, for case processing authority levels. The following guidelines apply:
Prior to establishing an IA, a full compliance check must be completed. IRM 5.19.1.4.4.1, Full Compliance Check.
No financial statement is required.
No managerial approval is required.
No NFTL determination is required; however, a NFTL may be filed if in the judgment of the contact employee, it would protect the government's interest.
Example: Pending sale of property.
Input the IA using the appropriate ALN. Exhibit 5.19.1-9, ALNs.
If rejection of the IA is recommended, refer the case for independent review. IRM 5.19.1.6.4.10, Proposal to Reject IA to Independent Review.
Document AMS comments.
IMF/BMF Related Accounts
(1) When both in business sole proprietor trust fund taxes and IMF taxes are involved, before considering the IA, IRM 5.19.1.6.4.2(1), IA Requirements IBTF Express Agreement.
(2) If the dollar criteria is not met and FCC compliance is met, forward to the field for processing. IRM 5.19.1.6.4.3, IA Requirements -BMF Non-Trust Fund. When sending cases to the field, follow the procedures below:
Input TC 971 AC 043 if the request meets pending IA criteria. See IRM 5.19.1.6.4.7, Pending IA Criteria.
Document AMS, including the terms of the proposed IA. Encourage the taxpayer to make voluntary payments until the Revenue Officer contacts them.
Phone operations should advise the taxpayer verbally of the referral to the field. Paper operations should issue Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, informing the taxpayer of the referral to the field. Advise the taxpayer it could take up to 90 days before the RO contacts them.
If any modules are in Notice Status, input CC STAUP 2200 to IDRS for all Notice Status modules.
Transfer the case to the field.
ACS: Enter "TOI7,05,TFRO". See IRM 5.19.1.4.1.1 , Account Actions on Referral/Redirects - ACS and ACSS Employees.
Notice Status: Follow instructions in IRM 5.19.1.4.1(9), Account Actions on Referrals/Redirects.
Provide the taxpayer or representative with the group contact number and address or EEFax number for correspondence.
Do not request documentation. However, if documentation is received, forward it to the field group. Do not destroy these documents.
(3) When a request for an IA involves a SSN and EIN (Sole Proprietor) or two SSNs, some years filed joint and some single, combine the AAB (CC SUMRY) of all modules. See IRM 5.19.1.2.6.3, Installment Agreements, for case processing authority levels. Determine if the taxpayer meets the requirements to qualify for an IA. An IMF account and related BMF account must be included in one IA. See IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA.
Example: Partnership/Corporation/LLC - If the BMF trust fund tax balance is below $25,000, and the entity's overall account is over $25,000 total liability (CC SUMRY), the IBTF Express IA may not be granted because overall account balance exceeds $25,000. The only entities eligible for a SIA over $25,000 are IMF and OOB Sole Proprietors.
(4) When the taxpayers are divorced or separated follow IRM 5.19.1.6.7, Mirroring Accounts.
(5) Federal tax refunds are subject to offset to pay balance due accounts during the life of the IA, including refunds from income taxes of individuals whose sole proprietorship or partnerships owe taxes. Ensure a TC 130 is input for the appropriate SSN(s). For TC 130 input see IRM 5.19.10.3.6, Input of TC 130 on IDRS to IMF or BMF Entity for Refund Offset.
(6) For IAs involving cross-references, one account in ST 60 (primary) and the other in ST 63 (secondary). Use the ALN of "XX63". Cross-reference IAs can be a combination of IMF/BMF or IMF/IMF:
Establish the IA on the account having the earliest CSED expiration date and place the account in ST 60. For input of cross-reference IA, see Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, or Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV.
Input TC 971 AC 063 on the cross referenced module.
Send an appropriate IA acceptance letter and inform the taxpayer(s) both accounts are in IA status and input appropriate comments to AMS. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
(7) When the first account is full paid, it appears on the IAAL documenting the ST 63 account to be placed in ST 60. For IAAL procedures: IRM 5.19.10.10, Installment Agreement Accounts List (IAAL).
Account Statuses Affecting IAs
(1) For correspondence, refer to ACSS. See Document 6209, IRS Processing Codes and Information, Chapter 8, for Notice Statuses.
(2) If any modules are in ST 72 (Bankruptcy) (-V Freeze): IRM 5.19.1.5.2, Insolvency Issues, for procedures.
(3) If there are potential indicators of fraud see IRM 25.1.11.4, Developing Potential Fraud Cases, and the taxpayer initiates an IA, suspend any attempts to resolve the case and advise the taxpayer the case is subject to review and to make voluntary payments in the interim, see IRM 25.1.11.5, Interviewing the Taxpayer.
(4) Research CC INOLES to check for cross-reference IMF/BMF TINs. IRM 5.19.1.6.4.4, IMF/BMF Related Accounts.
(5) For the dollar criteria for BMF accounts Compliance initiated IAs, for IBTF (referred to as In-Business Express IAs) See IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
Trust fund returns include:
For all other, BMF Non-Trust Fund, accounts in which the only delinquent modules are for Non-Trust Fund taxes. See IRM 5.19.1.6, Methods of Payment.
Trust Fund Return | MFT |
---|---|
Form CT-1, Employer’s Annual Railroad Retirement Tax Return | 09 |
Form CT-2, Employee Representative's Quarterly Railroad Tax Return | 72 |
Form 720, Quarterly Federal Excise Tax Return | 03 |
Form 941, Employer’s QUARTERLY Federal Tax Return | 01 |
Form 943, Employer’s Annual Federal Tax Return for Agricultural Employees | 11 |
Form 944, Employer’s ANNUAL Federal Tax Return | 14 |
Form 945, Annual Return of Withheld Federal Income Tax | 16 |
Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons | 12 |
Form 8288, U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests | 17 |
Form 8804, Annual Return for Partnership Withholding Tax (Section 1446) | 08 |
Note: See Document 6209, IRS Processing Codes and Information, Chapter 2, for full listing of MF and NMF MFT Codes.
(6) Filing and paying compliance must be considered prior to granting an IA. IRM 5.19.1.4.4.1, Full Compliance Check.
(7) If not current on payment compliance, see IRM 5.19.1.6.4.7.1, Requests Not Meeting Pending IA Criteria.
(8) All balance due modules must be included in the IA. Research IDRS and check for any balance due modules not current on IDRS (ST 23 or ST 53); these modules may have fallen off the TIF. IDRS will only include active TIF modules when an IA is input. Take the following actions if inactive ST 23 or ST 53 modules are involved that must be brought back to the TIF.
Note: You must input the IA before you CC MFREQ or the computer will not allow the CC IAGRE input.
If inactive ST 53 accounts are involved resulting from a TC 530, input a TC 531 to reverse the TC 530. See IRM 5.19.17.2.12, Reversal of CNC Status.
If inactive ST 23 accounts are involved, no additional steps are necessary.
If the account includes other modules that are already active on the TIF, input the IA using ALN XX32 with an assessment indicator "1", and input a history on AMS (CC ENMOD if AMS not available) such as "IA30200812", allowing the module to be included without defaulting the IA.
Then input CC MFREQ "C" to restore the inactive ST 53 and/or ST 23 modules.
For all functions, except ACS, if only inactive ST 23 or ST 53 modules are present, input CC MFREQ to reactivate them. Input TC 971 AC 043 to the ST 23 and ST 53 modules, and TC 531 on the ST 53 modules. Hold the IA request until the module is returned to IDRS, usually two cycles and then input the IA. See IRM 21.3.5.4.2.1.1, Preparing an e-4442/4442, See IRM 5.19.1.6.4.7, Pending IA Criteria.
ACS takes all actions leading up to establishing the IA on IDRS, including financial statement processing and managerial approval when required.
ACS and CSCO take the following actions:
Input CC MFREQ.
Input TC 971 AC 043.
Inputs TC 531 if applicable.
Documents all pertinent information regarding the IA request in AMS comments including: TIN. Taxpayer name, Tax years, Terms and conditions of the IA, and the date of CC MFREQ and/or TC 531 input.
Sends Form 4442, Inquiry Referral, with action taken (CC MFREQ or TC 531) to the appropriate CSCO Operation.
Suspends request and review for IDRS update two cycles after the IDRS input.
If the account is on IDRS, input the IA per comments on AMS, send letter, and destroy the Form 4442, Inquiry Referral.
If the account is not present on IDRS, hold for one additional cycle.
If the account is not present on IDRS after one additional cycle, verify the CC MFREQ or TC 531 was input correctly.
If required, re-input and hold for the account to appear on IDRS.
Reminder: Control the case if more than 30 days from IRS received date and notify the customer.
If ... | Then ... |
---|---|
ACS call sites receive an IA request and the only modules involved are in ST 23 or 53 (no balance due modules on IDRS) Exception: If ACSS receives correspondence with modules only in ST 23, 24 or 53, follow Steps "a" through "d" (do not route to CSCO), and follow the "Then" box below for processing. | ACS takes the following actions: |
CSCO receives Form 4442, Inquiry Referral, with CC MFREQ or TC 531 information | CSCO and ACSS take the following actions: |
IA Payment Methods and User Fees (UF) Overview
(1) The following IA payment methods are available for the taxpayer:
A DDIA is an IA where a taxpayer authorizes the IRS to request an electronic transfer of funds from their checking account or shared draft account to the IRS and is withdrawn on the same date every month. If the taxpayer maintains a checking account, encourage him or her to take advantage of a direct debit IA. See IRM 5.19.1.6.4.13, DDIA.
A PDIA is an IA whereby a taxpayer authorizes their employer to send a specific amount to the IRS each pay period. If the taxpayer does not agree to a direct debit IA but is employed, encourage him or her to take advantage of the payroll deduction agreement. See IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement.
IRS Direct Pay is a payment application available to IMF taxpayers through IRS.gov. It is a free service that allows taxpayers to make electronic payments directly to the IRS from their checking or savings accounts. See IRM 21.2.1.48.1, IRS Direct Pay, for further information.
EFTPS is a system designed to utilize Electronic Funds Transfer (EFT) to pay all federal taxes. See IRM 21.5.7.4.7.14, Electronic Federal Tax Payment System (EFTPS) and IRM 21.2.1.47, Electronic Federal Tax Payment System (EFTPS).
VanillaDirect is a new payment option available to taxpayers through https://www.irs.gov/payments/pay-with-cash-at-a-retail-partner and participating retail stores. It is a secure walk up cash payment method that converts cash payments to electronic transactions. It utilizes a barcode and retail locations to complete the transactions. See IRM 21.2.1.60, IRS VanillaDirect - Paying with Cash at a Retail Partner.
Taxpayers may use credit cards to make IA payments to the United States Treasury by phone or internet. See IRM 21.2.1.48.5, Credit or Debit Card Payments (Pay by Phone or Internet).
Taxpayers can make payment by check or money order. See IRM 5.19.1.2.7.1, Taxpayer Responsibilities - When Submitting Payments by Check or Money Order.
(2) Advise the taxpayer verbally or in writing that penalty and interest CONTINUE to accrue until the account is paid in full.
Failure to Pay penalty is reduced to 1/4% per month for all accounts in an IA status which meet the criteria set forth in IRC 6651(h). The rate will also be reduced whenever a defaulted IA meeting such criteria is reinstated; for reduced penalty information see IRM 20.1.2.3.8.1.2, 1/4 Percent Penalty Rate - IRC 6651 (h).
The penalty continues at the reduced rate while the account is in any ST 6X.
(3) In accordance with the law, each year the IRS mails a Computer Paragraph, CP 89, Annual Installment Agreement Statement, to every taxpayer with an IA. The annual statement provides:
The initial balance(s) due at the beginning of the year,
An itemized listing of payments made during the year,
An itemized listing of penalties, interest and other charges, and
The remaining balance at the end of the year.
(4) On February 9, 2018, the President signed into law the Bipartisan Budget Act of 2018 (Act). The Act amended IRC 6159 to provide certain limitations to IA user fees. The Act’s amendments to IRC 6159 apply to IAs entered into on or after April 10, 2018. In short,
Caps user fee charges for IAs at the fee structure as of 2/9/2018.
IA user fees will be waived for low-income taxpayers who agree to make electronic payments through a debit instrument.
Note: At this point, the only mechanism the Service has in place in which the taxpayer may agree to make electronic payments through a debit instrument is a DDIA.
Note: CC IAGRE has been programmed to waive the user fee on a DDIA when the taxpayer meets the low-income threshold.
IA user fees will be reimbursed to low-income taxpayers that are unable to make electronic payments through a debit instrument upon completion of the IA.
Note: At this point, the only mechanism the Service has in place in which the taxpayer may agree to make electronic payments through a debit instrument is a DDIA.
Note: See IRC 6159(f) to review the full text.
(5) The purpose of an IA User Fee is for the IRS to recover costs of the services with administering the IA program to taxpayers. United States Code 9701 – as interpreted by Office of Management and Budget Circular A-25 – provides authority for the imposition of user fees. User fees are imposed for services pertaining to the entering into and monitoring of an IA and the restructuring or reinstating of an IA. See 26 CFR. 300.1. Current User Fee Rates:
From … | Through … | Current User Fee Rates … |
---|---|---|
April 10, 2018, | Present, |
|
Note: See IRM 5.19.1.6.8, Online Payment Agreements (OPA).
Note: IDRS will systemically determine when the new rates apply based on when the IA is processed (or accepted). Ensure the appropriate IA Acceptance Date is entered when inputting the IA. Follow instructions in:
Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG,
Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV, or
Exhibit 5.19.1-8, IDRS Input of Pre-assessed IAs and Short Term Payment Plans.
From … | Through … | Previous User Fee Rates … |
---|---|---|
January 1, 2017, | April 9, 2018, |
|
January 1, 2014, | December 31, 2016, |
|
(6) Payment of an IA user fee posts to either MFT 13 (BMF) or MFT 55 (IMF). The user fee appears as a TC 360 and the payment as a TC 694. The Designated Payment Codes (DPCs) for the TC 694 are shown in the following table:
DPC | Definition |
---|---|
44 | OPA - Direct Debit Origination User Fee |
45 | OPA - IA User Fee |
46 | OPA - IA Reduced User Fee (Reinstatement or Restructure User Fee) |
47 | IA Reduced Origination User Fee |
48 | Direct Debit Reduced Origination User Fee |
49 | Direct Debit Origination User Fee |
50 | IA User Fee (Initial Origination User Fee) |
51 | IA User Fee (Reinstatement or Restructure User Fee) |
52 | IA Reduced User Fee (Reinstatement or Restructure User Fee) |
(7) The origination fee is established by regulation and is only waived for low-income taxpayers who agree under the IA to make electronic payments through a debit instrument (i.e. a DDIA or an online DDIA). The reinstatement/revision fee can only be waived for those reasons cited in paragraph (11) below.
(8) Normally, the user fee is non-refundable even if the taxpayer
Full pays the account prior to receiving their first CP 521, Installment Agreement Reminder Notice.
The account is not immediately input on IDRS and not been updated to ST 60.
Exception: For IAs entered into on or after April 10, 2018, IA user fees will be reimbursed to low-income taxpayers that are unable to make electronic payments through a debit instrument upon completion of the IA.
(9) When the customer makes a payment, all of the money is initially applied to tax. The IA user fee Transfer Program "sweeps" all active IAs, coded as "user fee due", and moves the money from the tax account to an accounting fund for the IA user fee. This process is referred to as the User Fee Sweep and is done weekly; beginning 4 weeks after a TC 670 has posted to the account. The payment is reversed on the tax module with a TC 672 (Saturday Julian date) in the DLN of the credit transfer, from "001" through "365".
Exception: If during the sweep, there is not a sufficient amount of payment to cover the entire user fee amount, the user fee will not be taken at all during that sweep. (No partial amount will be taken, until there are sufficient payments to satisfy the entire user fee amount due).
Reminder: If the user fee sweep takes the user fee through multiple payments (as described above), the taxpayer’s IA should remain in good standing as long as the taxpayer makes the required monthly payments.
(10) See the table below for when to charge a user fee.
Exception: The Act provides for the waiver of any IA user fees for low-income taxpayers who agree to make electronic payments through a debit instrument. The Act also provides for the reimbursement of any IA user fees to low-income taxpayers who are unable to make electronic payments through a debit instrument upon completion of the IA.
If ... | And ... | Then ... |
---|---|---|
The account is not in any ST 6X (IA status), | "This space intentionally left blank." | An origination user fee must be charged. |
The IA was terminated, | "This space intentionally left blank." | An origination user fee must be charged. |
The taxpayer requests to add another liability of more than $200 to the IA, | The account balance is more than deferral; for deferral levels, see IRM 5.19.1.2.6.1, Tolerance and Deferral - All Employees, OR it requires more than two additional monthly payments to full pay the balance due, | A reinstatement user fee must be charged. |
A reinstatement request on a defaulted IA, ST 61, 64 or, 48 with an immediate prior ST 64, with an account balance above deferral level, | Unless otherwise specified in paragraph (11) below, Note: The account balance has no effect on whether or not you charge a user fee. | A reinstatement user fee must be charged. |
A revision to a current IA, | "This space intentionally left blank." | A reinstatement user fee must be charged. |
(11) There are few instances when a user fee is waived. The user fee cannot be waived based on an individual decision from an IRS employee. The fee must be charged on all IAs except instances cited in the table below. When waiving the fee, enter a narrative on AMS.
If ... | And ... | Then ... |
---|---|---|
A Low-Income taxpayer agrees to DDIA, | The DDIA is established on or after 4/10/2018, | Waive the origination user fee. |
The taxpayer requests to revise a payment date or a payment amount meeting SIA criteria; no CIS is required, | The account is in ST 60 or 63, | Waive the reinstatement user fee. |
The taxpayer requests to add an additional liability to the IA, | The AAB (CC SUMRY), is less than deferral; for deferral levels: see IRM 5.19.1.2.6.1, Tolerance and Deferral - All Employees, | Waive the reinstatement user fee; the computer automatically includes these balances without defaulting the IA or charging a user fee if the taxpayer does not contact us. |
The taxpayer requests to add an additional liability to the IA, | Full payment of the IA is only extended by two additional payments at the current monthly amount, OR the new balance due is $200 or less, | Waive the reinstatement user fee. |
The IA was transferred from another campus due to an address and CLC code change, | "This space intentionally left blank." | Waive the reinstatement user fee. |
The taxpayer requests a Short Term Payment Plan for up to 180 days; the taxpayer is not requesting to make monthly payments. This is not an IA; therefore, no user fee is charged, | "This space intentionally left blank." | No fee is due, waive the origination user fee; see Exhibit 5.19.1-11, IA User Fee Codes. |
The IA was erroneously defaulted by IRS, | "This space intentionally left blank." | Waive the reinstatement user fee. |
The IA is reinstated after a bankruptcy is closed, | "This space intentionally left blank." | Waive the reinstatement user fee. |
The IA is reinstated after a OIC is rejected, returned, withdrawn, or terminated, | "This space intentionally left blank." | Waive the reinstatement user fee. |
The taxpayer had an IA established prior to entering a combat zone and now exited the Combat Zone, | "This space intentionally left blank." | Waive the reinstatement user fee. |
Converting an IA to a DDIA, | "This space intentionally left blank." | Follow IRM 5.19.1.6.4.6.3, User Fee Payment Transfer/User Fee Abatements. |
(12) Taxpayers meeting the established low-income criteria are identified systemically and the account systemically adjusted.
(13) If IDRS does not show the taxpayer qualifies for the Low-Income User Fee when the IA is granted, include a paragraph in the IA confirmation letter advising them of the Form 13844, Application for Reduced User Fee for Installment Agreements. Completed Form 13844, Application for Reduced User Fee for Installment Agreements, should be sent to:
Mailing Address | PDS Mailing Address |
---|---|
KCSC | KCSC |
Caution: Do not advise the taxpayer to submit Form 13844, Application for Reduced User Fee for Installment Agreements, to request a reduction or waiving of the user fee for any other reason, such as hardship or disagreement with the fee. Explain the legislative reason for the user fee. See paragraphs five (5) and seven (7), above.
(14) User Fee discrepancies appear on the IAAL in CSCO; for additional information, see IRM 5.19.10.10.12, IAAL Categories: ORIGINATION FEE TRACKING, REINSTATEMENT FEE TRACKING, and DISHONORED CHECKS (formerly USER FEE ERROR LISTING).
(15) These discrepancies are generally worked on the IAAL and are listed for accounts where there is:
No IA
User Fee Code inconsistent
Duplicate original user fee
Duplicate revision/reinstatement user fee
User Fee Modules (MFT 13 and MFT 55)
(1) Effective January 2002, User Fee modules are created on IDRS under MFT 13 (BMF) or MFT 55 (IMF):
From January 2002 through December 2006, the user fee module was created when CP 521, Installment Agreement Reminder Notice, generated and a TC 971 AC 082 (origination fee) or AC 083 (reinstatement fee) was sent to MF.
Effective January 2007, the user fee module is created when the CP 521, Installment Agreement Reminder Notice, generates and a TC 694 DPC 49, 50 or 51 posts to MF.
To manually establish a user fee module: IRM 5.19.1.6.4.6.2, Manual Establishment of User Fee Module.
Note: Unlike other actions on MFT 13 or 55 accounts, no reference numbers are used in conjunction with user fee transactions.
(2) When the user fee module is created, the module is likely not available on the TIF, such as CC SUMRY/CC TXMODA. You must use CFOL CCs to research the user fee module.
Manual Establishment of a User Fee Module
(1) User fees systemically correct within four cycles providing there are sufficient payments. Only if user fees must be corrected immediately should they been done so manually. To manually establish a user fee module (MFT 13 or 55), take the following actions using CC REQ77/CC (see IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview):
Note: If establishing an MMIA, establish the user fee module for the taxpayer requesting the IA.
Reminder: This is not always the primary taxpayer. If the secondary taxpayer requests the MMIA, remember to conduct complete filing research (under both TINs) to accurately determine whether they qualify for a reduced user fee. See IRM 5.19.1.2.7, Ways to Make Payments.
Input TC 971 AC 082, representing the origination user fee, or TC 971 AC 083, for the reinstatement fee.
Use the current year date as the tax period's year.
Use "12" as the tax period month for MFT 13.
Example: 201312
Use "01" as the tax period month for MFT 55.
Example: 201301
Note: MF establishes the module by posting the TC 971 and bypasses the unpostable checks requiring an assessment TC 240 in the module.
Reminder: There are no TC 240 or reference numbers related to the user fee.
User Fee Payment Transfer/User Fee Abatements
(1) The user fee transfer program, or "sweep", is run every weekend after four (4) cycles on accounts with unpaid user fees. The user fee will be systemically screened for the fee due to satisfy the user fee amount.
(2) User fee discrepancies are collected through the User Fee Transfer Program; however, there are times when you should attempt to collect an unpaid fee:
MMIAs.
The taxpayer requests to pay the user fee.
(3) If manual transfer of the user fee is necessary, manual user fee transfers from MFT 30 to MFT 55 must be for the full amount of the fee due; do not transfer multiple smaller payments to the fee. Take no action if there is no single payment equal to or greater than the fee due.
(4) Do not transfer a payment from a full paid account to the user fee; IRS must collect the fee while the account is in ST 6X.
(5) Take the following actions to transfer a payment to the user fee module using CC ADD24:
If the user fee module is not present, establish the user fee module. IRM 5.19.1.6.4.6.2, Manual Establishment of a User Fee Module.
Use debit TC 672 for the fee amount using the same date the TC 670 payment displays.
Note: There is no penalty reason code and no DPC with TC 672.
Use credit TC 694 for fee amount with the appropriate DPC (47-51).
Note: This credit transaction code (TC 694) is applied to the User Fee/Civil Penalty module MFT 13/55 with the appropriate tax year and month.
Example: "201512" or "201501"
A secondary TC 360 for the same amount of the TC 694 is required input with the credit transactions (TC 694).
Note: If no MFT 13 or 55 on CFOL originally, and a TC 971 AC 082 or 083 was input to establish it, put a two cycle posting delay on the payment transfer.
(6) Correct duplicate user fees in the following manner:
Caution: Do not use CC ADD34 when transferring user fee payments; if CC ADD34 is used, it causes an unpostable condition. You must use CC ADD24.
If ... | Then ... |
---|---|
Use debit TC 695 and the appropriate DPC, money amount, and date of the TC 694. Note: MFT 13/55 is the debited module. | |
Note: MFT 30, MFT 01, etc. are the credit modules. | |
Input TC 361 to MFT 13/55 with blocking series "52" or "05" to prevent notice issuance. | |
Use Penalty Reason Code "47"-"51", matching the DPC Code of the TC 694; begin in position "4" on the CC screen. Caution: If the Penalty Reason Code is not input, the TC 361 goes unpostable. | |
The user fee is incorrect, |
|
(7) Modifications may be necessary when a regular IA is converted to a DDIA. After taking all required steps to convert a regular IA to a DDIA, follow the procedures in the chart below:
If ... | Then ... |
---|---|
The origination user fee was paid, |
|
The origination user fee has not been paid yet, |
|
The origination user fee of $43 is due, | The taxpayer was designated a low-income taxpayer, and:
|
The origination user fee of $43 is paid, | The taxpayer was designated a low-income taxpayer, and:
|
Reimbursement of User Fee for Qualifying Low-Income Taxpayers
(1) The Bipartisan Budget Act of 2018 amended IRC 6159 limiting the IA user fee by providing a waiver or reimbursement of user fees to low-income taxpayers under certain circumstances. See list below. This section provides guidance on the reimbursement of user fees for qualifying low-income taxpayers that are unable to make electronic payments through a debit instrument upon completion of the IA.
Note: At this point, the only mechanism the Service has in place in which the taxpayer may agree to make electronic payments through a debit instrument is a DDIA.
(2) In order to qualify for reimbursement of the user fee, taxpayers must meet the following criteria:
Entered into an IA on or after April 10, 2018. For taxpayers who are already in ST 6X, the AGREEMENT ACCEPTANCE DATE field on CC IADIS reflects the date they entered into their IA.
Be identified as low-income on IDRS. Taxpayers with a Reduced User Fee Indicator (RUFI) of 1 are considered low-income and eligible for a reduced user fee. These taxpayers may also be identified by a Low-Income Indicator (LII) of 1 on CC ENMOD.
Enter into a regular IA or PPIA.
Self-identify that they are unable to make electronic payments through a debit instrument by entering into a DDIA.
They complete the IA.
Reminder: Taxpayers complete their IA by making all their required payments on an IA or PPIA and the account goes into ST 12. Taxpayers whose IAs terminate for failure to meet the required terms (before all required payments are made) are not eligible for reimbursement of their low-income user fee.
(3) Once programming criteria has been finalized for the reimbursement of user fees for qualifying individuals, the guidance in this section will be updated. Until this programming is finalized, an extract will be run to identify accounts that qualify for reimbursement of user fees.
(4) Beginning in January 2019, a new field will be added to IA CCs on IDRS, to record the ability to make electronic payments, for qualifying low-income taxpayers. The new field shows whether the taxpayer is Unable To Make Electronic Payments (UTMEP).
(5) If a taxpayer does not enter into a DDIA:
Phone or face-to-face contact: Ask the taxpayer whether they can make electronic payments through a debit instrument by entering into a DDIA.
IA related correspondence: Determine whether the taxpayer self-identified that they are unable to make electronic payments through a debit instrument by entering into a DDIA. IA forms, including Form 9465, Installment Agreement Request, and Form 433-D, Installment Agreement, have a taxpayer self-identifier checkbox present. The taxpayer should be considered self-identified if they either check the self-identifier checkbox, or otherwise state that they are unable to make electronic payments through a debit instrument by entering into a DDIA.
(6) Follow Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV, Exhibit 5.19.1-8, IDRS Input of Pre-Assessed IAs and Short Term Payment Plans, to input the IA. Input the UTMEP field as follows:
"Y" - Taxpayer has self-identified as unable to make electronic payments through a debit instrument by entering into a DDIA. Taxpayer will be eligible for reimbursement of the user fee upon completion of their IA.
"N" - Taxpayer is able to make electronic payments through a debit instrument by entering into a DDIA, but is choosing not to. (Taxpayer did not self-identify when provided the opportunity.) The IRS has interpreted new section 6159(f) to require that a taxpayer self-identify to qualify for a reimbursement of the reduced user fee(s).
Leave blank if the taxpayer was not provided the opportunity to self-identify.
Example: A taxpayer (meeting the criteria in paragraph (3) above) requests an IA using a current Form 9465, Installment Agreement Request, and marks the checkbox. The taxpayer self-identified. Enter "Y" in the UTMEP field.
Example: A taxpayer (meeting the criteria in paragraph (3) above) requests an IA using a current Form 9465, Installment Agreement Request, but does not self-identify using the checkbox. The taxpayer did not self-identify. Enter "N" in the UTMEP field.
Example: A taxpayer (meeting the criteria in paragraph (3) above) sends a letter asking for an IA and stating that they are unable to make electronic payments through a debit instrument by entering into a DDIA. The taxpayer self-identified. Enter "Y" in the UTMEP field.
Example: A taxpayer (meeting the criteria in paragraph (3) above) requests an IA using an older Form 9465, Installment Agreement Request, that does not have a checkbox. The taxpayer did not self-identify, but was not provided an opportunity. Leave the UTMEP field blank.
Example: A taxpayer (meeting the criteria in paragraph (3) above) sends a letter asking for an IA. The letter does not address whether they can make electronic payments through a debit instrument by entering into a DDIA. The taxpayer did not self-identify, but was not provided an opportunity. Leave the UTMEP field blank.
(7) Do not question or dispute the taxpayer’s response, even if the account history shows they have had a DDIA in the past.
Processing Form 13844, Application for Reduced User Fee for Installment Agreements (KCSC ACSS Only)
(1) This section contains instructions for processing Form 13844, Application for Reduced User Fee for Installment Agreements. This form is filed by taxpayers who do not initially qualify for the Low Income User Fee but would like to be considered for it.
(2) KCSC ACSS is responsible for manually determining whether taxpayers meet low-income status in response to information submitted on Form 13844, Application for Reduced User Fee for Installment Agreements.
(3) The customer can also file a Form 13844, Application for Reduced User Fee for Installment Agreements. Low income (for purposes of an IA): if a taxpayer has an adjusted gross income, as reported on their most recently filed tax return, that is at or below 250% of the Federal Health & Human Services Guidelines (FHHSG), the user fee will be reduced.
(4) For IAs entered into before April 10, 2018, if the customer’s income has decreased significantly and they have provided an explanation (i.e. unemployed, etc.), in any form (correspondence, CIS etc.) and their income falls at or below 250 percent of the FHHSG, we can allow a reduced user fee for IAs.
(5) For IAs entered into on or after April 10, 2018, if a taxpayer meets low income thresholds, the user fee will be reduced and possibly waived or reimbursed if certain conditions apply.
Waiver of user fees for low-income taxpayers that agree to make electronic payments through a debit instrument (DDIA).
If the low-income taxpayer indicates that they are unable to make electronic payments through a debit instrument, then the taxpayer will receive a reimbursement of the reduced user fee upon completion of the IA. The low-income taxpayer will not receive a reimbursement of the reduced user fee if the IA is terminated.
(6) Review Form 13844, Application for Reduced User Fee for Installment Agreements, to ensure all requirements are met.
Completeness - Determine whether all the required fields were completed.
Family Unit size - This should match the most recently filed tax return.
Note: If the family unit size is listed as zero (0), this generally means they are not able to claim themselves as an exemption. As a result, they do not qualify for a reduced user fee.
Adjusted Gross Income (AGI) - This should match the most recently filed tax return.
Appropriate signature(s)
The reduced user fee is for individuals; it does not apply to corporations or partnerships.
Form 13844, Application for Reduced User Fee for Installment Agreements, must be received within 60 days from the IA being granted or revised per CC IADIS, or letter date on CC ENMOD, whichever is later) of CC ENMOD letter date.
If required information is missing from the form, does not match the most recently filed tax return, the entity is not an individual, or the form was not received timely, deny the request and send Letter 4213C, Reduced Installment Agreement User Fee Rejected (use the appropriate paragraph). Document AMS with the reason for rejection.
(7) Compare the information provided for family unit size and AGI, to the Low-Income Taxpayer Adjusted Gross Income Guidance table on Form 13844, Application for Reduced User Fee for Installment Agreements.
If the taxpayer’s AGI entered is equal to or less than the amount shown for their family unit size and residence in the Low-Income Taxpayer Adjusted Gross Income Guidance table (250 percent of the guidelines set by FHHSG), they are a low- income taxpayer. Follow the instructions in paragraph eight (8), below.
If the taxpayer’s AGI entered is more than the amount shown for their family unit size and residence in the Low-Income Taxpayer Adjusted Gross Income Guidance table (250 percent of the guidelines set by FHHSG), they are not a low-income taxpayer. Deny the request and send Letter 4213C, Reduced Installment Agreement User Fee Rejected (use the appropriate paragraph). Document AMS with the reason for rejection.
(8) Follow the appropriate instructions below to process the request.
For IAs entered into prior to 4/10/2018, follow the appropriate instructions in the table below.
Set the RUFI Indicator to a 1.
Notify the taxpayer that they qualify for a reduced user fee using Letter 4212C, Reduced Installment Agreement User Fee Acceptance.
Document AMS.
Set the RUFI Indicator to a 1.
Take the necessary steps to credit the excess user fee over $43 back to the tax account.
Notify the taxpayer that they qualify for a reduced user fee and we have applied the amount they paid in excess of $43 to their account, using Letter 4212C, Reduced Installment Agreement User Fee Acceptance.
Document AMS.
For IAs entered into on or after 4/10/2018, follow the appropriate instructions in the table below.
Set the RUFI Indicator to a 1.
Notify the taxpayer that they qualify for a reduced user fee using Letter 4212C, Reduced Installment Agreement User Fee Acceptance.
Document AMS.
Set the RUFI Indicator to a 1.
If the taxpayer entered into a DDIA, take the necessary steps to credit the full user fee back to the tax account. Notify the taxpayer that they qualify for a waiver and we have applied the amount they paid to their account, using Letter 4212C, Reduced Installment Agreement User Fee Acceptance.
If the taxpayer entered into a regular IA and self-identified that they are unable to make electronic payments through a debit instrument (DDIA), take the necessary steps to credit the excess user fee over $43 back to the tax account. Notify the taxpayer that they qualify for a reduced user fee that will be reimbursed upon completion of the IA and we have applied the amount they paid in excess of $43 to their account, using Letter 4212C, Reduced Installment Agreement User Fee Acceptance.
If the taxpayer entered into a regular IA and did not self-identify that they are unable to make electronic payments through a debit instrument (DDIA), take the necessary steps to credit the excess user fee over $43 back to the tax account. Notify the taxpayer that they qualify for a reduced user fee and we have applied the amount they paid in excess of $43 to their account, using Letter 4212C, Reduced Installment Agreement User Fee Acceptance.
Document AMS.
If... | Then... |
---|---|
The taxpayer has not paid the standard user fee yet, | |
The taxpayer has already paid the standard user fee, |
If... | Then... |
---|---|
The taxpayer has not paid the standard user fee yet, | |
The taxpayer has already paid the standard user fee, |
(9) Updated low-income guidelines can be found at: https://aspe.hhs.gov/poverty-guidelines. Action 61 Guidelines concerning control & monitoring apply to these requests and require comments be added to AMS.
Pending IA Criteria
(1) A pending IA is an IA that cannot be immediately input.
Example: The taxpayer must submit financial information for a NSIA.
(2) To qualify for a pending IA, a taxpayer must meet the following criteria:
Provide information sufficient to identify the taxpayer, generally the taxpayer’s name and TIN.
Note: If a taxpayer furnishes their name, but no TIN, and the taxpayer’s identity can be determined, identify as a pending IA if all other information is made available and the taxpayer is current in filing.
Caution: If the taxpayer account is assigned to a field revenue officer (ST 26), follow procedures for forwarding case to the revenue officer in IRM 5.19.1.3.2.4 Revenue Officer (RO) Assignment. DO NOT take any other actions on the account.
Identify or determine the tax liability to be covered by the IA.
Propose a monthly or other periodic payment of a specific amount.
Exception: If a Form 9465, Installment Agreement Request (revision 12-2012 or later), (or Form 9465-FS, Installment Agreement Request), is submitted with no dollar amount specified (and all other criteria met), then a SIA $25,000 and under can be established.
Is in compliance with all filing requirements, both individual and business. For research procedures for full compliance check: see IRM 5.19.1.4.4.1, Full Compliance Check.
Note: Requests that meet the above criteria will be identified as pending IAs even if taxpayers are not in compliance with estimated (ES) payment requirements or Federal Tax Deposit (FTD) requirements, unless the procedures in IRM 5.19.1.6.4.7.2.1, Solely to Delay, apply.
Not be proposing an IA for a Restitution Based Assessment (RBA). See IRM 5.19.1.5.15 , Criminal Restitution Assessments.
IA is processable (unless the IA request meets Guaranteed IA criteria; see IRM 5.19.1.6.4(8), IAs). An IA is not considered to be "pending" until it has been accepted for processing. See Treas. Reg. 301.6159-1(b)(2). This means that the taxpayer is not already pursuing another case resolution alternative. If so, an IA request is not processable, and it is not a "pending" IA request.
A request for an IA on post-petition liabilities is non-processable when a taxpayer is in bankruptcy, See IRM 5.19.1.5.2.2, Insolvency - Short Term Payment Plans/IA Requests on Post-Petition Periods.
A request for an IA on OIC liabilities is non-processable. See IRM 5.19.1.3.5(13), For Other Account Issues Requiring Referrals or Redirect, and IRM 5.19.17.3, Offer in Compromise (OIC) Procedures.
Caution: Identify if there is a pending IA (TC 971 AC 043) already present on the tax period(s) to be covered by the IA. If there is a pending IA already present, determine if it is still applicable or requires a reversing transaction. Do not input an additional TC 971 AC 043 to a pending IA module (unreversed TC 971 AC 043 already present).
(3) For any request that does not meet the pending IA criteria listed in (2) above, see IRM 5.19.1.6.4.7.1, Requests Not Meeting Pending IA Criteria.
(4) Only an IA request meeting the above criteria require input of a TC 971 AC 043. TC 971 AC 043 is input via CC REQ77/CC FRM77 and used when input of the IA is delayed, the IA is pending or rejection will be proposed. Input of the TC 971 protects the taxpayer from enforcement action while the IA is pending.
Note: If unable to immediately resolve a request containing all of the information above by establishing an IA, input of the TC 971 AC 043 is mandatory within 24 hours unless you determine the request is being made solely to delay collection. For further information, see IRM 5.19.1.6.4.7.2.1, Solely to Delay.
Note: A TC 972 AC 043 will systemically reverse TC 971 AC 043 in 26 cycles if an account does not go to ST 60, unless the module is in ST 26. This systemic reversal may take place within 26 cycles if a TC 520 (except cc 76-77), TC 530, TC 480, or TC 780 posts to the module.
Note: Prior to 1/21/2016, a TC 972 AC 043 systemically reversed an unreversed TC 971 AC 043 that did not go into ST 60 in 14 cycles, unless the module was in ST 26 or had an open case control.
Note: If an account has an unreversed TC 971 AC 043 and there is no evidence of an IA request on AMS (or the proposed IA terms are not reflected in an IDRS History item) and the TC 971 AC 043 was input within 26 cycles, reverse with a TC 972 AC 043 with the original TC 971 date.
(5) When the IRS proposes to reject a pending IA, the taxpayer is entitled to independent review; when the IRS rejects an IA, the taxpayer may file an appeal.
(6) A systemic suspension of the CSED during the time a proposed IA is pending is built into MF processing and is triggered by the following dates (as applicable):
TC 971 AC 043,
TC 972 AC 043,
TC 971 AC 063, and/or
TC 971 AC 163
Note: If the taxpayer previously proposed an IA, TC 971 AC 043 was input, but the account will not be closed by an IA, remember to reverse the TC 971 AC 043.
Example: Account will be closed CNC. See IRM 5.19.1.6.4.19.1, Withdrawal of IA Requests.
Requests Not Meeting Pending IA Criteria
(1) When speaking with a taxpayer, inform them what is needed for their IA request to be considered.
Note: A request for an IA on post-petition liabilities is non-processable when a taxpayer is in bankruptcy (unless the IA request meets Guaranteed IA criteria. See IRM 5.19.1.6.4(8), IAs). See IRM 5.19.1.5.2.2, Insolvency - Short Term Payment Plans/IA Requests on Post-Petition Periods
Advise the taxpayer what returns are required and allow 30 days to file.
Update AMS with the date the taxpayer promised to file the returns.
Encourage the taxpayer to make voluntary payments.
Do not collect financial information for a potential IA until all returns have been secured.
Reminder: If the taxpayer states they are experiencing a hardship due to a levy, secure enough financial information to confirm the hardship condition, see IRM 5.19.4.4.10(5)(j), even in situations where the taxpayer has unfiled returns. See Vinatieri v. Commissioner, 133 T.C. 392 (2009).
Note: If the taxpayer meets TAS referral criteria, see IRM 5.19.1.3.2.3, Taxpayer Advocate Service (TAS).
Advise the taxpayer we will stop further balance due notices and levies for 30 days from the date of the letter to allow them to resubmit a processable IA request. However, if we do not receive one timely, they may receive additional balance due notices or be subject to enforced collection.
If the taxpayer has not mailed the return, advise them to attach Form 9465, Installment Agreement Request, with the return. If it appears that they will not meet SIA criteria, advise them to also provide a completed Form 433-F, Collection/Information Statement and send Notice Status cases to the appropriate CSCO site, and ST 22 cases to the appropriate ACSS Site based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping).
Proceed to (3) - (5) below.
(2) If you are not speaking with the taxpayer, send Letter 2272C, Installment Agreement Cannot be Considered/Extension of time to pay Cannot be Considered (or other appropriate letter), informing the taxpayer we need additional information to process their request to make monthly payments. Be sure to select the appropriate paragraphs for the taxpayers situation.
Advise them what actions are needed for us to consider their IA proposal. Allow 30 days for the taxpayer to comply.
Example: Request the returns that are required
Example: Advise the minimum proposed monthly payment amount we can accept without additional financial information.
Enclose the following, as applicable:
In addition, advise the taxpayer we will stop further balance due notices and levies for 30 days from the date of the letter to allow them to resubmit a processable IA request. However, if we do not receive one timely, they may receive additional balance due notices or be subject to enforced collection as appropriate. See IRM 5.19.1.7, Warning of Enforcement Actions and Enforced Collection.
Do not include the paragraphs regarding rejection and appeal rights.
Possible Enclosures |
---|
Form 9465, Installment Agreement Request |
Form 433-A, Collection Information Statement for Wage Earners and Self-Employed Individuals |
Form 433-B, Collection Information Statement for Businesses |
Form 433-D, Installment Agreement |
Form 433-F, Collection/Information Statement |
Form 2159, Payroll Deduction Agreement |
(3) Do not input a TC 971 AC 043 on the modules.
(4) Close the case and allow the taxpayer time to resubmit a processable IA proposal. Close the control base.
Exception: If the balance is less than deferral levels per IRM 5.19.1.2.6.1, Tolerance and Deferral - All Employees, then close the case using deferral procedures.
(5) Document AMS, including the response date(s) provided to the taxpayer.
(6) Reassign the account as follows:
Notice Status Accounts - Input CC STAUP 2209.
ACS and ACSS reassign the account to: "TOE4, 60, CKCMTS" and "OADT,60,CKCMTS" (if a levy was already issued, but not released)
Note: The 60 days provides 30 days for processing.
Note: For requests received on Form 9465, Installment Agreement Request, (revision 12-2012 or later) (or Form 9465-FS, Installment Agreement) to make payments on balance due accounts $25,000 or less, without a specific monthly payment offer, and have no missing returns, see IRM 5.19.1.6.4.1(2), Determining Appropriate IA.
Caution: For requests solely to delay collection, follow instructions in IRM 5.19.1.6.4.7.2.1, Solely to Delay.
Requests Meeting Pending IA Criteria
(1) All requests meeting criteria for a pending IA are identified as a pending IA even if the taxpayer does not provide financial information, is not current in meeting estimated (ES) payment requirements or Federal Tax Deposit (FTD) requirements. Although the request meets criteria for identification of a pending IA, this does not mean the IA will be accepted after research is completed.
(2) Once a request is identified as an IA meeting all of the requirements input TC 971 AC 043 on all balance due modules via CC REQ77/CC FRM77, including modules not on IDRS; if there are no balance due modules on IDRS, create a dummy module on IDRS using CC MFREQ.
Note: If TC 971 AC 043 is input in error using the wrong date, reverse it via a TC 972 AC 043 using the same input date as the original TC 971 AC 043.
(3) Take the following actions:
If ... | Then ... |
---|---|
ACS, | Use R5 inventory to suspend the case while in a pending IA status, input history code "TOR5, XX,IAPND" in ACS, where "XX" = the number of days the case will be in suspense. If working a case other than ST 22, and it cannot be resolved immediately, input CC STAUP 2200 and CC ASGNI/CC ASGNB "0120", where: "01" = ACS TDA/TDI Suspense File, and "20" = Potential ACS IA. |
ACSS, | Uses S5 inventory to suspend the case while in a pending IA status, input history code "TOS5, XX,IAPND" on ACS, where "XX" = the number of days the case will be in suspense. If working a case other than ST 22, and it cannot be resolved immediately, input CC STAUP 2200 and CC ASGNI/CC ASGNB "0120", where: "01" = ACS TDA/TDI Suspense File, and "20" = Potential ACS IA. |
CSCO Notice Status accounts, | Input "IAPND" in the activity code field when establishing a control on the account and awaiting additional information from the taxpayer. For Notice Status accounts, input CC STAUP 2209. |
Caution: For requests solely to delay collection, follow instructions in IRM 5.19.1.6.4.7.2.1, Solely to Delay.
Solely to Delay
(1) IA requests deemed solely to delay collection action are not processable and do not qualify as pending. Thus, there are neither any independent reviews nor any appeal rights associated with such requests. Managerial approval is required. Do not input a TC 971 AC 043. Follow procedures in paragraph (2) below for actions to take when advising the taxpayer the IRS will not process their request. The following requests for an IA are included in this category:
The taxpayer repeatedly defaults on their IA and requests a new IA or reinstatement without any change in circumstances.
Example: The taxpayer continuously makes none, one or two payments and defaults, subsequently requesting reinstatement.
Exception: If the taxpayer has extraordinary circumstances, that may affect the decision to reject the request. Refer the request to your manager for a decision allowing or denying the request.
Example: Examples of extraordinary circumstances include, but are not limited to: a chronic health condition, or an unanticipated interruption in employment.
The taxpayer request was rejected and they submit a second request without addressing the changes, information, tax returns, etc.
The request is unreasonable and does not reflect the taxpayer's ability to pay, or nominal amount is requested ($1 per month), or made without reference to their true ability to pay with no financial information supporting the request.
Note: Do not classify as a "solely to delay" IA if the taxpayer is experiencing an extraordinary circumstance.
(2) Take the following actions when advising taxpayers the IRS will not process their IA request in paragraph (1) above:
Send Letter 2272C, Installment Agreement Cannot Be Considered/Extension of Time to Pay Cannot be Considered, to advise the taxpayer we will not process the request.
Reminder: Do not include the paragraph for appeal rights.
Note: FA will inform the taxpayer verbally the IA will not be processed. If not a face-to-face interview, send an FA-prepared letter and no appeal rights are given.
"TOE3" if levy sources are available and LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), was issued
"TOE2" if levy sources are available and LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), was not issued.
If ... | Then ... |
---|---|
Notice Status Accounts, | Input CC STAUP 2205 and input history on AMS: "Agreement request is solely to delay collection, IAREJ, no appeal rights" and provide an explanation. |
ACS/ACSS, | Allow 45 days for response. Assign case: Input history on AMS: "Agreement request is solely to delay collection, IAREJ, no appeal rights" and provide an explanation. |
IA Managerial Approval
(1) The following table shows when different types of IAs must be approved by a manager or the manager designee:
Type of IA ... | And ... | Managerial Approval Required ... |
---|---|---|
Guaranteed IA, | Not applicable | No |
SIA $25,000 and under, | Not applicable | No |
SIA over $25,000, | Not applicable | No |
NSIA with AAB (CC SUMRY) $25,000 or less, | Not applicable | No, but AMS history must contain the Compliance Suite Payment Calculator calculation showing the IA will be fully paid by the CSED. |
NSIA AAB (CC SUMRY) between $25,001 and $50,000, |
| No, but AMS history must contain the Compliance Suite Payment Calculator calculation showing the IA will be fully paid by the CSED. |
NSIA AAB (CC SUMRY) between $25,001 and $50,000, |
| Yes |
NSIA AAB (CC SUMRY) more than $50,000, | Not applicable | Yes |
PPIA AAB (CC SUMRY) $25,000 or less, | Not applicable | No |
PPIA AAB (CC SUMRY) more than $25,000, | Not applicable | Yes |
IBTF Express AAB (CC SUMRY) $25,000 or less, | Not applicable | No, but AMS history must contain the Compliance Suite Payment Calculator calculation showing the IA will be fully paid within 24 months. |
The taxpayer defaults for a second time on an IA within the last twelve months, unless meeting SIA criteria. See IRM 5.19.1.6.4.7.2.1, Solely to Delay.
The taxpayer requests to skip more than two payments in a twelve month period. IRM 5.19.1.6.4.18, Payment Skips (Missed Payments).
Exception: If the only change to an existing NSIA or PPIA in ST 60 (or ST 63) is the due date, no managerial approval is necessary.
Exception: If the only change to an existing regular NSIA or PPIA in ST 60 (or ST 63) is converting to either a DDIA or PDIA, then no managerial approval is necessary.
Note: TAC employees follow ACS procedures when granting an IA; if an ITAS accepts payment from the taxpayer, they must prepare a Form 433-D, Installment Agreement, and submit to their manager for approval and assignment. ITAS inputs the IA online provided it meets SIA criteria; update comments on AMS, ACS or ICS, as appropriate.
(2) Submit IAs for managerial review without delay. The approval should normally be that of the recommending employee's immediate manager. Document the proposed IA or PPIA terms on AMS. See IRM 5.19.1.6.4.12(6), Input of IA.
If ... | Then ... |
---|---|
ACS, | Input history:
Note: XX = "C0" for ACS call site employees or "S0" for ACSS employees. |
All Other Functions, | Document on AMS the IA was sent to the manager for approval and the type of IA. |
(3) Rejections of requests solely to delay collection action require managerial approval. See IRM 5.19.1.6.4.7.2.1, Solely to Delay.
(4) When a manager reviews an IA request for approval, document the following if approved:
If ... | Then ... |
---|---|
ACS managers or approvers, |
|
All other functions |
|
Note: If AMS is unavailable, input a history on CC ENMOD.
(5) If the manager does not agree the IA should be granted, return the case to the originating employee for follow-up. The manager should document the reason the IA was not approved in AMS comments. For ACS/ACSS managers rejecting the IA request, input "OADT, 05,IAREJ".
Note: If the manager cannot approve the IA because additional information is needed, contact the taxpayer for the additional information.
(6) For telephone contact requests requiring managerial review, advise the taxpayer they will receive a letter from us with our determination of the request within 14 days. If the IA is accepted, input the IA and send a Letter 2273C, Installment Agreement Accepted; Terms Explained, with IA terms and conditions (or other appropriate letter). See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
IA Rejection Criteria
(1) Review the IA request meeting all of the pending IA criteria; to determine if the IA should be rejected, see IRM 5.19.1.6.4.7, Pending IA Criteria.
(2) The decision to uphold a rejection must be supported by one or more of the following factors:
The calculation of the financial statement per complete input of the AMS financial screens shows the taxpayer has the ability to full pay the balance.
The calculation of the financial statement per complete input of the AMS financial screens shows the taxpayer has the ability to pay more than they propose and the taxpayer refuses to pay the increased amount, unless the six (6) year rule or one year rule is met and additional expenses are accepted. For further information, see IRM 5.19.13.3.2.7, Conditional Expenses, IRM 5.19.13.3.5, Full Payment in Six (6) Years (6 Year Rule), or IRM 5.19.13.3.6, Eliminating Excessive Expenses Within One Year.
The calculation using CC ICOMP, IAT Compliance Suite Payment Calculator, or the financial statement supports the proposed rejection.
The taxpayer met pending IA criteria but failed to make their VLSP as promised. See IRM 5.19.1.6.4, Installment Agreements (IAs), IRM 5.19.1.6.4.21, VLSP.
Exception: If the taxpayer has extraordinary circumstances, that may affect the decision to reject the request. Refer the request to your manager for a decision allowing or denying the request.
Taxpayer failed to provide complete financial information when requested and the IA proposal does not meet SIA criteria.
Taxpayer provided financial information, but failed to provide requested substantiation and the IA proposal does not meet SIA criteria.
Taxpayer does not make ES payments as required.
Exception: Do not reject Guaranteed IAs or SIAs for this reason. See IRM 5.19.1.6.4.17, Estimated Tax Payments - Monitoring an IA.
Taxpayer does not make FTD payments as required.
Caution: Taxpayers identified as repeaters may not immediately be granted IAs unless they become current with filing and deposit requirements. See IRM 5.7.8.3, Identifying Repeater Taxpayers.
Taxpayer does not meet or is not willing to meet conditions of IA.
Example: Taxpayer entering a PPIA has defaulted an IA in the past 24 months, but does not agree to make payments via DDIA or PDIA (unless they are unbanked and unemployed/self employed). See IRM 5.19.1.6.4(13), Installment Agreements (IAs).
Example: Taxpayer does not agree to include their Individual SRP liability in their IA, and their Individual SRP liability is not considered a standalone module.
Proposal to Reject IA to Independent Review
(1) IRC 7122(e) requires the Service to review all proposed rejections of taxpayer requests for IAs prior to communicating the rejection to the taxpayer and giving the taxpayer the opportunity to appeal. Only requests meeting all Pending IA criteria are required to have an independent review prior to rejecting the request to make payments and be given appeal rights. For criteria see IRM 5.19.1.6.4.7, Pending IA Criteria.
(2) If during a telephone contact the taxpayer requests an IA and you propose for rejection, advise the taxpayer:
The IA is subject to review and approval.
Collection actions are suspended until the taxpayer is given a decision regarding the request.
You will attempt to call back within five 5 days.
If unable to reach the taxpayer by phone, they will receive a letter with our determination of the request within 14 days.
(3) Take the following actions to prepare the case for review before informing the taxpayer of the rejection:
Ensure the account meets pending IA criteria and the TC 971 AC 043 is input on all balance due modules.
Enter the proposed payment amount and due date in AMS comments.
Note: This information may be used to establish the IA if the Independent Reviewer does not uphold the rejection of the IA.
Input the following history items to annotate the account referral to Independent Review for rejection:
Prepare Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection.
Attach correspondence, AMS comments, financial information, CC ICOMP or the IAT Compliance Suite Payment Calculator, CC IMFOL/BMFOL prints, Form 4442, Inquiry Referral, and any other documents supporting your decision to reject the IA to the Form 12233, as appropriate.
If ... | Then ... |
---|---|
Notice Status accounts, | Input CC STAUP 2209 and open a control base; enter "INDREV" in the activity code field and update comments in AMS. |
ACSS Sites, | Input history "TOS5, 15,INDREV" in ACS and update comments in AMS. |
ACS Call Sites, | Input history "TOR6, 05,INDREV" and update comments in AMS. |
(4) Forward the completed Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection, using the table below.
Function... | Then... |
---|---|
FA, | Forward the completed Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection, with attachments to the Independent Reviewer in your site. |
ACS, ACSS & CSCO, | Upload the completed Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection, with attachments, to the Campus Collection Independent Review Consolidated SharePoint (if available). Reminder: All documentation uploaded must be 508 Compliant. |
Independent Reviewer Responsibility
(1) The Independent Reviewer is only responsible for making a determination on the proposed rejection.
(2) The case is reviewed by the Independent Reviewer and returned to the originating employee within five (5) days. The decision to uphold a rejection must be supported by one or more of the following factors:
Exception: The Independent Reviewer has fifteen (15) days to review and return cases referred by ACSS operations.
The calculation of the financial statement per complete input of the AMS financial screens shows the taxpayer has the ability to full pay the balance.
The calculation of the financial statement per complete input of the AMS financial screens shows the taxpayer has the ability to pay more than they propose and the taxpayer refuses to pay the increased amount, unless the six (6) year rule or one year rule is met and additional expenses are accepted. For further information, see IRM 5.19.13.3.2.7, Conditional Expenses, IRM 5.19.13.3.5, Full Payment in Six (6) Years (6 Year Rule), or IRM 5.19.13.3.6, Eliminating Excessive Expenses Within One Year.
The calculation using CC ICOMP, the IAT Compliance Suite Payment Calculator, or the financial statement supports the proposed rejection.
The taxpayer met pending IA criteria but failed to make their VLSP as promised. See IRM 5.19.1.6.4, Installment Agreements (IAs), IRM 5.19.1.6.4.21, VLSP.
Exception: If the taxpayer has extraordinary circumstances, that may affect the decision to reject the request. Refer the request to your manager for a decision allowing or denying the request.
Taxpayer failed to provide complete financial information when requested and the IA proposal does not meet SIA criteria.
Taxpayer provided financial information, but failed to provide requested substantiation and the IA proposal does not meet SIA criteria.
Taxpayer does not make ES payments as required.
Exception: Do not reject Guaranteed IAs or SIAs for this reason. See IRM 5.19.1.6.4.17, Estimated Tax Payments - Monitoring an IA.
Taxpayer does not make FTD payments as required.
Caution: Taxpayers identified as repeater taxpayers may not be granted IAs unless they become current with filing and deposit requirements. See IRM 5.7.8.3, Identifying Repeater Taxpayers.
Taxpayer does not meet or is not willing to meet conditions of IA.
Example: Taxpayer owes more than $25,000, but is unwilling or unable to enter into either a DDIA or PDIA to meet SIA over $25,000 criteria, and fails to provide requested financial information.
(3) If the rejection is sustained, the reviewer does the following:
Complete Section II on Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection, signifying concurrence with the rejection.
Provide a brief comment in Section IV on Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection.
Return the case to the employee for immediate action.
Enter comments on AMS stating the reasons for concurrence.
Update the activity on the open control on IDRS to "OK2REJ";
Change the status of the open control to Monitored (M).
If ... | Then ... |
---|---|
Rejecting an IA request for a ST 22 account, | Input history code "OADT, 05,OK2REJ" on ACS. |
Rejecting an IA request for a non-ACS account, |
(4) If the rejection is not sustained:
Complete Section II on Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection, ensuring to indicate why the rejection is not agreed
Enter comments on AMS stating the reasons why the rejection is not appropriate:
Return the case to the employee’s manager for immediate action.
If ... | Then ... |
---|---|
If reviewing an IA request for a ST 22 account, | Input history code "OADT, 05,NOREJ" on ACS. |
If reviewing an IA request for a non-ACS account, | Update the activity on the open control on IDRS to "NOREJ". |
(5) When the originating employee does not agree with the reviewer’s opinion, they will resubmit the rejection proposal to the reviewer with additional comments for a second review. If no resolution can be reached, the case is to be elevated to the second management level in the Operation submitting the IA rejection for a decision.
(6) It is not appropriate for an Independent Reviewer to contact the taxpayer directly.
Cases Returned From Independent Review
(1) If the reviewer agrees with your decision to reject the IA, notify the taxpayer of the rejection. For all telephone requests, attempt to contact the taxpayer by phone. If contact is made, inform the taxpayer of the rejection and appeal rights. For both telephone and correspondence requests for an IA, send Letter 2272C, Installment Agreement Cannot be Considered/Extension of Time to Pay Cannot be Considered. Contact for telephone requests must be made as soon as possible. Include the following in all responses:
Reason for rejection
Action the taxpayer needs to take
Example: Complete financial form, full pay balance, etc.
Note: If you are requesting a financial statement, give the taxpayer the appropriate address to return Form 433-F, Collection/Information Statement.
Set a firm date for taking appropriate action such as returning financial information
Advise the taxpayer of their CAP appeal rights and send Publication 594, The IRS Collection Process, and Publication 1660, Collection Appeal Rights; for appeal procedures. See IRM 5.19.8, Collection Appeal Rights.
Input comments on AMS reflecting the reason for the rejection. If AMS is not available enter "IAREJXXXXX" history item on CC ENMOD.
Example: IA was rejected because the taxpayer did not provide financial information, enter history item as "IAREJCIS".
If the account is in ST 22, you must warn the taxpayer of enforcement action. See IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection.
No collection action or change to the existing IA status should be made without first giving the taxpayer an opportunity to discuss their situation with an employee, the next level of management, and/or file an appeal of the rejection.
(2) Take the following actions to suspend the rejected account:
If ... | Then ... |
---|---|
For Notice Status accounts, | Input CC STAUP 2209 and enter "IAREJmmdd" in the activity field on the open control; update comments on AMS. |
For ACS accounts, | Enter history code "OADT,60,IAREJ" and update comments on AMS. |
(3) Forward the file, including Form 12233, Request for Installment Agreement- Independent Review Prior to Rejection, to an IA rejection suspense file to be maintained for 60 day follow-up.
(4) If the independent reviewer disagrees with your decision to reject, take the following actions:
If ... | Then ... |
---|---|
You agree with the reviewer's decision, |
|
You disagree with the reviewer's decision, | Resubmit for review with additional comments through your manager. |
If agreement cannot be reached, | Forward to the second management level for the Operation submitting the Form 12233, Request for Installment Agreement- Independent Review Prior to Rejection. |
Rejected IA Suspense File
(1) ACS/ACSS should monitor inventories on ACS using R6 (S5 for ACSS) inventory with the literal "IAREJ". A suspense file is maintained for rejected IAs. The designated lead monitors the suspense file.
(2) A rejected IA suspense file should be established. Management provides an identifying control number on IDRS in a Monitored (M) status so an Aged Case Listing can be used to monitor the inventory. The file must be purged weekly.
(3) Cases are suspended for 60 days allowing the taxpayer time to receive information, take appropriate action, and mail the information back to us; this includes information needed to establish an IA or file an appeal.
(4) Cases are filed in date and alpha order, respectively.
(5) If you receive correspondence responding to a case held in the suspense file, associate the correspondence with the file and return it to the appropriate employee to complete processing.
(6) If there is an open control base on IDRS the employee must be contacted. A control indicates an area or person is waiting for specific information from the taxpayer to close their case. See Document 6209, IRS Processing Codes and Information, Section 14, Case History Status Code.
(7) Each week, purge the cases from the rejected IA file having exceeded the 60-day suspense period. Destroy the Form 12233, Request for Installment Agreement- Independent Review Prior to Rejection, and all attachments. Input TC 972 AC 043 via CC REQ77/CC FRM77 to reverse any unreversed TC 971 AC 043. The date of the reversing transaction (TC 972 AC 043) should be thirty (30) days from the date the rejection was communicated to the taxpayer (such as the date of the Letter 2272C , Installment Agreement Cannot be Considered/Extension of Time to Pay Cannot be Considered).
Exception: If research indicates the case was referred to Appeals or someone is working the case, do not destroy the Form 12233, Request for Installment Agreement- Independent Review Prior to Rejection, and attachments, or reverse the TC 971 AC 043. Instead, forward the case file to the controlling employee or function.
Exception: If an IA was granted during the 60 day suspense period, it is not necessary to input TC 972 AC 043.
(8) For ACS cases, work the R6 inventory, for ACSS work the S5 inventory. Proceed with next case processing or work inventory lists, as appropriate. Proceed with collection action:
If levy sources are available and a LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), was previously issued for all modules, reassign the case "TOE3, 21,LEVY".
If levy sources are available and no LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), was previously issued, issue LT11, Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested), or
Reminder: See IRM 5.19.5.13, Notification of Third Party Contact, for third party contact notification requirements.
If no levy sources are available, reassign the case "TOI4" and follow procedures in IRM 5.19.5.8.2.5, I4 – Closing the Case.
(9) If the IA was rejected for missing information, the taxpayer makes another IA request, and the account now has another open control, forward the correspondence or refer the account via Form 4442, Inquiry Referral, to the area with the open control for final resolution of the request. The controlled file may include the missing information (such as substantiation for a financial statement) needed to grant the IA.
If the new IA request cannot be granted, follow procedures for rejecting the request and associate the closed file with the new case. This eliminates the problem of more than one closed file if the taxpayer appeals our rejection and the Appeals Officer requests the rejection information.
Input of IA
(1) The input of IAs provide closure of telephone inquiries or correspondence; for input of IAs, see Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, and Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV.
Note: For ACS accounts when inputting the IA, the CR should input "TOC0, 30,IADONE" ("TOS0, 30,IADONE" for ACSS) after input to IDRS. This will allow the case to drop off ACS and be in a protected inventory. When managerial approval is required: see IRM 5.19.1.6.4.8, IA Managerial Approval.
(2) The taxpayer may select the IA payment date between the 1st and 28th day of the month:
If the taxpayer indicates a preferred due date, establish the IA with the requested date.
Exception: If taxpayer requests dates of 29 -31, make the payment due date on the first day of the following month.
If the taxpayer does not indicate a preference, establish the payment date as the date of the input of the IA.
(3) Input the IA with the first payment scheduled at least 5-9 cycles after the date of the IA.
(4) If the account has a TSIGN of "0110" or "0120", change the TSIGN to "0000" using CC ASGNI/CC ASGNB; if the IA defaults and goes back to ACS, it loads into the appropriate inventory; for input procedures see IRM 2.4.27, Command Code ASGNI/ASGNB (formerly TSIGN).
(5) Cross-reference IAs can be a combination of IMF/BMF or IMF/IMF; for input procedures: IRM 5.19.1.6.4.4, IMF/BMF Related Accounts.
(6) The following items must be documented on AMS for all IAs not immediately input:
Example: A proposed PPIA sent to the manager for approval.
Type of IA SIA, NSIA or PPIA,
Payment method, if not a regular IA (paid through mail): PDIA or DDIA,
Payment amount(s) and date(s), including VLSP (if applicable),
ALN (Exhibit 5.19.1-9, ALNs),
Originator Code (Exhibit 5.19.1-10, IA Originator Codes),
User Fee Code (Exhibit 5.19.1-11, IA User Fee Codes), including RUFI Indicator (if applicable),
PPIA Indicator: "2" for PPIA, or "0" for all others,
If PPIA: "No Asset PPIA" or "Retained Equity PPIA", as applicable
UTMEP Indicator, if applicable (see IRM 5.19.1.6.4.6.4, Reimbursement of User Fee for Qualifying Low-Income Taxpayers), and
Any special conditions.
Example: Cross reference accounts, unassessed module(s), back-up CNC, etc.
(7) Use systemic confirmation Letter 3217C, Automated Letter - Installment Agreement Accepted; Terms Explained, when inputting the IA via CC IAGRE unless there are other issues to address; for information on sending Letter 3217C, Automated Letter - Installment Agreement Accepted; Terms Explained. See Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, and Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV.
(8) Use Letter 2273C, Installment Agreement Accepted; Terms Explained, (or other appropriate letter) when Letter 3217C, Automated Letter - Installment Agreement Accepted; Terms Explained, is not appropriate. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines. For the return address and payment address, use the CSCO campus having jurisdiction.
(9) The originator code identifies:
The function initiating the IA
The type of IA and is used to track dollars collected for each IA; for IA Originator Codes: See Exhibit 5.19.1-10, IA Originator Codes.
Reminder: It is particularly important IA accounts are coded correctly; we are required to report dollars collected to Congress on these types of cases. For revisions to IAs that are no longer in IA status (6X), ensure you input the appropriate originator code.
(10) Select the originator code applicable to the IA; for IA Originator Codes: Exhibit 5.19.1-10, IA Originator Codes.
(11) Originator codes can be updated when IAs leave ST 6X and are re-established; originator codes cannot be changed when the account is in ST 6X.
Exception: The originator code can be updated on a ST 60 account provided the update is completed by Friday of the same cycle the IA is established.
(12) TC 971 AC 063 generates on the modules two weekends after input of the IA on IDRS; TC 971 AC 163 generates to reverse the AC 043 and AC 063 when the IA becomes full paid or defaults and leaves ST 6X.
IA Originator Codes
(1) The originator code:
Identifies the function initiating the IA
Indicates whether the IA is under the SIA procedures or is a regular IA where a financial statement is required
Tracks the dollars collected on each IA; for additional information: See Exhibit 5.19.1-10, IA Originator Codes.
(2) SIA originator codes must be input on IAs up to $25,000 AAB (CC SUMRY) meeting 1/72 criteria. If IA over $25,000 AAB (CC SUMRY) and meets ALL SIA over $25,000 criteria, SIA originator codes must be input. See IRM 5.19.1.2.6.3, Installment Agreements.
(3) Regular term IA originator codes must be input on all IAs requiring financial statements, including the AMS financial screen, Form 433-F, Collection/Information Statement, or the ACS financial screen. Regular term IAs include:
All IAs over $25,000 AAB (CC SUMRY).
Exception: SIAs may be granted for balances over $25,000. SIA originator codes must be input on IAs that meet SIA over $25,000 criteria. See IRM 5.19.1.2.6.3, Installment Agreements.
All IAs not meeting 1/72 criteria regardless of dollar amount owed.
Reminder: It is particularly important that IA accounts are coded correctly, as we are required to report dollars collected to Congress on such cases. For revisions to IAs that are no longer in IA status (6X), input the appropriate originator code.
(4) Select the originator code applicable to the IA; for additional information, see Exhibit 5.19.1-10, IA Originator Codes.
(5) After input of the originator code when the IA is established, you may update the originator code when the IA left ST 6X and is being re-established; however, provided it is any ST 6X status, you are blocked from changing the originator code. Effective January 2006, CC IAGRE was updated allowing changes to the originator code after input as long as it is within the same cycle the IA is established.
Example: You input the IA on Monday, and quality or managerial review finds you used the wrong originator code; you have until Friday of that week until the computer is brought down for the weekend update to change the originator code; times can vary by sites, 12:00 am, 1:00 am., etc.
DDIA
(1) A DDIA is an IA for which the taxpayer authorizes the IRS to request electronic transfer of funds from their checking account or shared draft account to the IRS; such payments are withdrawn on the same date each month.
Reminder: A savings accounts cannot be used for a DDIA.
(2) If the taxpayer requests to make Electronic Funds Transfer Payments (EFT) through the internet using online banking methods (or other electronic payment methods), it is considered a regular IA and not a DDIA.
(3) Advantages to the taxpayer include:
Reduced user fee.
User fee is waived for low-income taxpayers who enter into DDIAs on or after 4/10/2018.
No check to be mailed.
Postage savings.
No check processing charges.
No problem remembering to make the monthly payment.
(4) If a NFTL was previously filed, advise the taxpayer of IRM 5.19.4.6.4.1, Withdrawal of NFTL for Direct Debit Installment Agreements. Consider providing the taxpayer Pub 4235, Collection Advisory Group Numbers and Addresses, if the taxpayer has additional questions about the NFTL or refer the taxpayer to IRS.gov to retrieve the publication.
(5) To establish a DDIA, the taxpayer must submit a voided check or the routing and account number with their request.
(6) DDIA requests may be received in the following formats:
Form 433-D, Installment Agreement. This may be either an original form or a EEFax forwarded by an employee from any other function during telephone contact.
Form 9465, Installment Agreement Request. This may be an original form received attached to a tax return or received separately.
Note: Form 9465-FS, Installment Agreement Request, is now obsolete; however, if one is received, it may be accepted.
Form 433-H, Installment Agreement Request and Collection Information Statement, is a new hybrid form that was introduced in May 2019. It combines an IA request with a Collection Information Statement (CIS), and is intended for IMF taxpayers who are wage earners only who do not meet SIA criteria. This may be either an original form or a EEFax forwarded by an employee from any other function during telephone contact.
Electronic signature via Form 9465, Installment Agreement Request, sent with electronically-filed tax returns; these forms come with "TRPRT" printed at the top.
Photocopied Form 9465, Installment Agreement Request, with "9465W/AUR Assess" notated at the top of the page in red.
Taxpayer correspondence.
Reminder: All DDIA requests must be completed and include all necessary information to establish a DDIA, including the taxpayer’s signature.
(7) Monthly reminder notices are not issued on DDIAs. Taxpayers not keeping up-to-date records often default on their IA due to insufficient funds in their bank accounts. When a DDIA is input to IDRS, advise the taxpayer to keep their records up to date to avoid a default of their IA.
(8) All non-ST 22 DDIA requests received in functions other than CSCO are routed to the CSCO campus with jurisdiction for the taxpayer account, per Balance Due State Mapping.
Exception: If a non-ST 22 DDIA request is received in SB/SE PSC ACSS, it should be routed to PSC CSCO.
(9) All ST 22 DDIA requests received in other functions will be routed to the appropriate ACSS site based on BOD Code and state mapping (W&I State Mapping or SB/SE State Mapping).
(10) All ST 26 DDIA requests secured by ROs will be routed to CCP.
(11) The DDIA process does not begin until their balance due tax return has posted or their assessment is made. As a result, the DDIA process takes longer on Pre-Assessed IAs. The taxpayer should be advised to send payments until the DDIA begins.
Note: Pre-Assessed IAs cannot be processed for first-time filers. This is because the initial return establishes their entity. If a first-time filer requests a Pre-Assessed IA, advise them that we are unable to process their request. Ask them to contact us for a DDIA after their return has been processed and they receive their initial balance due notice.
(12) Banking law requires the service to maintain a file of all DDIAs, either by paper or electronic media. ACS, ACSS, CSCO and CCP employees should follow IRM 5.19.1.8, DDIA Monitoring Procedures, to input DDIAs through IDRS and process the authorizations
(13) DDIA requests received in CSCO should be input by the receiving CSCO campus; the receiving campus must maintain these files to work various listings generated by the DDIA program. See IRM 5.19.1.8, DDIA Monitoring Procedures - CSCO Processing.
(14) Any subsequent revisions to a DDIA are input through IDRS by the receiving ACS, ACSS, CSCO or CCP site. See IRM 5.19.1.8.6, Revising DDIAs.
(15) If necessary to review the paper DDIA request, use the Service Center Contact listing on SERP under Campus DDIA Liaisons; the site forwards the case file or notification the file cannot be found by EEFax within 48 hours to the requestor.
(16) Some international taxpayers and taxpayers living in U.S. Territories may qualify for a DDIA. These taxpayers must agree to a DDIA using a bank account that is:
With a bank located in the U.S.,
With a U.S. bank that has a branch located in one of the U.S. Territories, or a foreign country, or
With a bank that offers US dollar accounts. The bank account must have a 9 digit US Routing number and a corresponding account number.
(17) If a taxpayer makes a telephonic request for a DDIA:
If ... | And ... | Then ... |
---|---|---|
The taxpayer indicates they can EEFax the DDIA request, | It is a:
|
|
The taxpayer does not indicate they can EEFax the DDIA request (includes correspondence requests), | It is a:
and a DDIA is not a required condition of the agreement, |
|
The taxpayer does not indicate they can EEFax the DDIA request (includes correspondence requests), | It is a SIA over $25,000, or a DDIA is a required condition of the agreement, |
|
The taxpayer indicates they can EEFax the DDIA request, | The proposed IA is an IBTF Express IA, |
|
The taxpayer does not indicate they can EEFax the DDIA request (includes correspondence requests), | The proposed IA is an IBTF Express IA with an AAB (CC SUMRY) under $10,000, |
|
The taxpayer does not indicate they can EEFax the DDIA request (includes correspondence requests), | The proposed IA is an IBTF Express IA with an AAB (CC SUMRY) between $10,000 and $25,000, |
|
Note: When issuing a letter on non-ST 22 accounts, use the CSCO Campus address for the letter return address. The CSCO Campus address is determined based upon Compliance Back-end mapping. See SERP, Who/Where tab, Collection Payments/Addresses/Issues, Service Center Addresses for Collection Operations. Select the appropriate return address based on the taxpayer’s BOD and state of residence. When issuing a letter on ST 22 accounts, use the ACSS Campus address for the letter return address based on state mapping. See W&I State Mapping or SB/SE State Mapping.
Note: For the payment address, the Campus payment address is determined based upon Submission Processing mapping. See SERP, Who/Where tab, Collection Payments/Addresses/Issues, Collection Payments. Select the appropriate payment address based on the taxpayer’s BOD and state of residence. Select the address shown in the "Without the CP521/523 Notice (Payment to Campus)" column.
Caution: Do not provide Lockbox Bank addresses verbally or via Correspondex letters. Lockbox will only process payments that are accompanied by a CP 521, Installment Agreement Reminder Notice, or CP 523, Installment Agreement Default Notice.
Reminder: It is possible that different Campuses will be used for the return and payment addresses.
Example: A W&I taxpayer in Notice Status residing in Texas requests an IA to full pay their account. The confirmation letter should show the Atlanta CSCO Campus for the return address and the Austin Submission Processing Campus for the payment address.
Reminder: IMF taxpayers may use Form 433-H, Installment Agreement Request and Collection Information Statement, in place of Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, to request a DDIA.
DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request
(1) Banking law regulations require the taxpayer, or one of the taxpayers for a joint account, named on the bank account to authorize the direct debit process by signing the request for new DDIAs and DDIAs where the taxpayer is:
Changing banks,
Changing routing numbers,
Changing account information, and/or
Increasing their monthly payment amount.
(2) Instruct the taxpayer to send a signed copy of the new or updated request to the appropriate site per IRM 5.19.1.6.4.13(8)-(9). All functions can accept a signed request for a new or revised DDIA by EEFax.
(3) Taxpayers may also go to IRS.gov and enter a DDIA through the OPA site.
(4) Only ACS, ACSS, CSCO and CCP employees input, update and reinstate DDIAs on IDRS to avoid problems with withdrawing payments.
(5) Before forwarding the DDIA to CSCO for input, FA should take the following actions:
Ensure the IA request meets IA requirements and pending IA criteria.
If unable to establish an IA, see IRM 5.19.1.6.4, Installment Agreements (IAs).
Follow rejection procedures in IRM 5.19.1.6.4.9, IA Rejection Criteria.
If a financial statement was input, include the Form 433-F, Collection/Information Statement, and/or the AMS financial screen.
(6) For revised DDIAs do the following:
All Employees:
Changing banks,
Changing routing numbers,
Changing account information, and/or
Increasing their monthly payment amount.
Inform the taxpayer they will receive a letter of confirmation once their new DDIA has been input.
Advise the taxpayer monthly reminder notices are not issued on DDIAs. Taxpayers not keeping up-to-date records often default on their IA due to insufficient funds in their bank accounts. Advise the taxpayer to keep their records up to date to avoid a default of their IA.
SIA $25,000 and under,
NSIA, or
PPIA,
Correspondence - notify the taxpayer a DDIA could not be established due to insufficient information and they are required to send in their monthly payments until we receive complete information to establish the DDIA; send Letter 1961C, Installment Agreement for Direct Debit Form 433-D, or Letter 2273C, Installment Agreement Accepted - Terms Explained, (or other appropriate letter). See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines. Enclose Form 433-D, Installment Agreement or Form 9465, Installment Agreement Request.
Telephone - advise they will receive a letter with instructions on how to request a DDIA. Request they complete Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, and return it, in order to establish a DDIA, or advise them to visit the OPA site where they can request the IA themselves.
Provide the address of the appropriate consolidated CSCO site.
ACS, ACSS, CSCO andCCPemployees ONLY: Follow IRM 5.19.1.8.5, Input of DDIAs.
Reminder: IMF taxpayers may use Form 433-H, Installment Agreement Request and Collection Information Statement, in place of Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, to request a DDIA.
If ... | And ... | Then ... |
---|---|---|
The taxpayer is | "This space intentionally left blank" | Advise the taxpayer to visit the OPA site or secure a new Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, with a new signature and a voided check or new routing and account numbers. |
The taxpayer's request does not include necessary information to establish a DDIA, | It is a: | Establish the IA, requiring the taxpayer to send in payments each month and then: |
The taxpayer's request does not include necessary information to establish a DDIA, | It is a SIA over $25,000, | Request the taxpayer submit Form 433-D or Form 9465, Installment Agreement Request, or provide financial information. |
The taxpayer's request does not include necessary information to establish a DDIA, | It is an IBTF Express IA with an AAB (CC SUMRY) between $10,000 and $25,000, | Follow IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement. |
Reminder: IMF taxpayers may use Form 433-H, Installment Agreement Request and Collection Information Statement, in place of Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, to request a DDIA.
(7) All employees outside of ACS, ACSS, CSCO and CCP Express Mail requests for existing DDIAs to the CSCO campus with jurisdiction over the taxpayer's account, using Form 3210, Document Transmittal. Note on Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, "REVISED DDIA".
(8) For requests to update or reinstate an existing DDIA (ST 6X) received outside of ACS, ACSS, CSCO and CCP, prepare Form 4442, Inquiry Referral, and EEFax the information to the appropriate CSCO Operation within 24 hours.
Exception: If the taxpayer is changing banks, getting a new account, routing number or increasing their monthly payment, on an existing DDIA, they must submit a new signed DDIA authorization. See paragraph (1) above.
Taxpayer Problems With DDIA
(1) Common issues or problems that may arise from a DDIA include:
The taxpayer requests to change the financial institution, routing number or account number on the DDIA. These changes may not be processed via Form 4442, Inquiry Referral. Instead, a new DDIA authorization is required. See IRM 5.19.1.6.4.13.1(1), DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request.
Reminder: IMF taxpayers may use Form 433-H, Installment Agreement Request and Collection Information Statement, in place of Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, to request a DDIA.
The taxpayer requests a payment change. Payment decreases may be processed via Form 4442, Inquiry Referral, provided the appropriate IA criteria is met. If rejection of a payment decrease is planned, follow instructions in IRM 5.19.1.6.4.9, IA Rejection Criteria.
Exception: Payment increases may not be processed via Form 4442, Inquiry Referral. Instead, a new DDIA authorization is required. See IRM 5.19.1.6.4.13.1(1), DDIA - Form 433-D, Installment Agreement and Form 9465, Installment Agreement Request.
The taxpayer requests a date change.
An error in debiting the taxpayer's account.
Multiple payments deducted from the taxpayer's account in a single month.
Required payments not deducted from the designated account.
The taxpayer requests to "discontinue" the DDIA.
Exception: IDRS automatically calculates the amount of the taxpayer’s final installment payment. They do not need to contact us for a "final pay-off" amount. Once the account is full paid, DDIA payments will stop.
The taxpayer requests a "skip".
Note: Skip criteria must be met, IRM 5.19.1.6.4.18, Payment Skips (Missed Payments).
Reminder: If EEFaxing to a CSCO Liaison, advise the taxpayer revisions require a minimum of ten (10) business days prior to the payment date to take effect, ensuring time for receipt and processing. Changes not requested at least 10 business days prior to the due date will not happen until the following month.
Caution: Once the payment request is transmitted to the bank, we cannot stop the payment.
Note: The last payment for a DDIA is automatically computer-adjusted based on the remaining balance due, if less than the normal monthly payment amount.
(2) All other employees prepare Form 4442, Inquiry Referral, and EEFax to the CSCO, DDIA liaisons at the campus having jurisdiction of the taxpayer account. Forward all pertinent information including
Nature of the problem.
Taxpayer telephone numbers.
Both routing number and account number, if available.
Best time to call.
Reminder: Please check AMS history. If a Form 4442, Inquiry Referral, has been submitted for the same issue within the last 30 days - DO NOT re-issue the Form 4442, Inquiry Referral.
Exception: Field Collection does not use Form 4442, Inquiry Referral. All reports of DDIA problems from Field Collection, will be on Form 4844, Request for Terminal Action.
(3) If the taxpayer requests to change financial institutions, routing number, account number, or increase their monthly payment amount, an original signature requesting the change is required. See IRM 5.19.1.6.4.13.1(1), DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request.
If speaking to the taxpayer and they are able to EEFax their signed request, allow the taxpayer to EEFax the request; for EEFaxed signature requirements: IRM 5.19.1.6.4.13, DDIA.
If the taxpayer is unable to EEFax the request or if working correspondence, send the taxpayer Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, and instruct they mail it to the campus having jurisdiction of their account. The taxpayer may also make changes to their DDIA on OPA.
(4) If the taxpayer already closed the current account, will close it before the next scheduled payment is due or the taxpayer requests their DDIA be discontinued and:
Note: These instructions apply when the taxpayer wants to stop the direct debit aspect of their IA and make their payments by another method, such as mailing in their payments. These instructions do not apply if the taxpayer is merely requesting to change their banking institution and/or account number.
The taxpayer is on an IBTF Express IA with an AAB (CC SUMRY) of $10,000 or more, do not grant their request. A DDIA is a required condition of the IA. See IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
For all other IAs, the request may be granted. See paragraph (5) below.
(5) When converting the DDIA to a regular IA:
All functions other than ACS, ACSS, CSCO and CCP:
SIA $25,000 and under,
NSIA, or
PPIA,
Prepare Form 4442, Inquiry Referral.
Fax the form to the CSCO, DDIA Liaison at the campus having jurisdiction of the taxpayer account, within 24 hours of creation.
ACS, ACSS, CSCO and CCP employees:
If ... | Then ... |
---|---|
It is a: | |
It is a SIA over $25,000, | Follow IRM 5.19.1.6.4(10), Installment Agreements (IAs). |
It is an IBTF Express IA with an AAB (CC SUMRY) between $10,000 and $25,000, | Follow IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement. |
If ... | Then ... |
---|---|
It is a:
|
|
It is a SIA over $25,000, | Follow IRM 5.19.1.6.4(10), Installment Agreements (IAs). |
It is an IBTF Express IA with an AAB (CC SUMRY) between $10,000 and $25,000, | Follow IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement. |
Reminder: The CSCO employee will make contacts with the taxpayer IF additional information is needed or there are problems with the request; CSCO must expedite Form 4442, Inquiry Referral, regarding DDIA changes (such as payment decreases, changes to due dates and payment skips) to avoid erroneous withdrawals or defaults. Due to the sensitivity regarding voluntary bank debits, the processing time frame is within 72 hours (3 business days) from the date received in CSCO. DO NOT advise the taxpayer they will be contacted by CSCO by phone. CSCO is responsible for sending closing letters on all DDIAs they establish.
(6) Occasionally, the IRS may erroneously debit a taxpayer’s bank account. Erroneous debits include IRS initiated duplicate debit entries, debit entries in an amount greater than authorized under the DDIA, and debit entries initiated for settlement earlier than authorized by the taxpayer under the DDIA.
(7) If the IRS erroneously debits the taxpayer’s bank account in violation of the DDIA, and the taxpayer does not seek compensation directly from his bank, then the IRS must return the erroneous payment to the taxpayer. Thus, once an erroneous debit has been identified, and the IRS has confirmed that the taxpayer is not seeking compensation from his bank, the IRS should immediately take steps to return the erroneously debited funds using manual refund procedures. IRM 5.1.12.20.1, Manual Refund Procedures.
Note: In order to initiate the return of the erroneous debit, all that needs to be established is that the debit entry is erroneous and that the taxpayer is not also seeking compensation from his bank. The taxpayer need not establish hardship or any other criteria. If, however, the taxpayer instructs the IRS to apply the erroneous debit entry to the tax liability, the IRS may follow the taxpayer’s instructions.
(8) Under the Small Claims Act, the IRS may reimburse taxpayers for bank fees incurred due to Service error in implementing a DDIA if the fees were incurred solely because of the Service's error and the taxpayer did not compound the problem. The claim must be filed within one year after the fee is imposed by the bank. Follow the procedures for filing a claim for bank charges due to erroneous levies found in IRM 5.19.6.13.5, Reimbursement of Bank Charges Due to Direct Debit Installment Agreement Processing Errors.
Form 2159, Payroll Deduction Agreement
(1) If a taxpayer is a wage earner, offer a PDIA to satisfy the outstanding liability.
(2) If a customer makes a telephonic request for a PDIA:
If ... | And ... | Then ... |
---|---|---|
The customer indicates they can EEFax the PDIA request, | Any kind of IA (SIA $25,000 and under, SIA over $25,000, NSIA or PPIA), |
|
The customer does not indicate they can EEFax the PDIA request (includes correspondence requests), | It is a:
|
|
The customer does not indicate they can EEFax the PDIA request (includes correspondence requests), | It is a SIA over $25,000, |
|
(3) Advise the taxpayer to present all parts (copies) of Form 2159, Payroll Deduction Agreement, to their employer and make necessary arrangements to begin payroll deduction. When done, the signed copy of Form 2159, Payroll Deduction Agreement, (Part 1) must be returned to the Campus.
Note: If the employer contacts IRS requesting our agency's EIN for payroll processing, provide the following EIN: "72-0564834".
(4) If the taxpayer's employer is a Federal Agency, see IRM 5.19.18.5.10.1, FERDI Installment Agreements.
(5) Ask the taxpayer to return Part 1 of the completed Form 2159, Payroll Deduction Agreement, to IRS within 14 days of the date of the letter.
(6) If the monthly payment is less than the user fee, advise the taxpayer the first payment must be for the user fee amount, and include the completed Form 2159, Payroll Deduction Agreement; a return envelope is provided for this purpose.
(7) Letter 2571C, To Employer: Discontinue/Adjust Payroll Deduction, is automatically sent to the employer when the account goes to ST 12 telling them to discontinue payroll deductions. If requested, EEFax or mail a new letter to the employer or taxpayer.
Input of PDIA
(1) When Form 2159, Payroll Deduction Agreement, is completed and returned from the taxpayer and employer, and the account is not in ST 60, take the following actions:
Check the form, verifying all information is complete and the form is signed by the taxpayer and employer.
Input the IA and locator number using CC IAGRE. You must use ALN to 11XX or 91XX. See Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV, and Exhibit 5.19.1-9, ALNs.
Reminder: The correct ALN is needed for the account to properly post on the IAAL when it becomes full paid or the IA defaults.
Input phone number(s) for all cases above deferral level. See IRM 5.19.1.4.2, Taxpayer Information.
Address the user fee. See IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview.
Input the employer name, address and telephone number via CC IAGRE.
Reminder: If the employer telephone number is provided, enter the phone number on the second name line of CC IAGRE. If the account defaults, it is listed on the IAAL for CSCO to contact the employer by phone if payments to IRS discontinue.
Inform the taxpayer the PDIA is established and payments will continue to be made until the account is full paid; use Letter 3217C, Automated Letter - Installment Agreement Accepted; Terms Explained, paragraph "F" or Letter 2273C, Installment Agreement Accepted; Terms Explained, (or other appropriate letter) with an "open" and/or "floating" paragraph with the information to acknowledge acceptance of the IA. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
Note: Letter 3676C, To Employer: Payroll Deduction Installment Agreement Letter, may only be used by employees working FERDI accounts. See IRM 5.19.18, Federal Employee/Retiree Delinquency Initiative (FERDI).
(2) When the taxpayer requests PDIA changes to an account that is already in ST 60, the taxpayer must provide a new signed Form 2159, Payroll Deduction Agreement. When it is received, take the following actions:
If ... | Then ... |
---|---|
If the account is already established as a regular IA, |
|
The account is already established as a PDIA and the taxpayer proposes changes to the payment amount or tax periods included on the PDIA, |
|
The account is already established as a PDIA and the taxpayer requests to convert the PDIA to a regular IA, |
|
(3) When contacting the employer for any issues other than notification of full pay, issue Letter 3230C, Third Party Contact Letter (Collection 2 TDA), or Letter 3230C/SP, Third Party Contact Letter (Collection 2 TDA) Spanish Version, informing the taxpayer we are contacting a third party. Suspend the case for 45 days allowing the taxpayer to receive the letter and respond. Do not contact the employer before the 46th day.
Reminder: Letter 3230C, Third Party Contact Letter (Collection 2 TDA), or Letter 3230C/SP, Third Party Contact Letter (Collection 2 TDA) Spanish Version, are being updated to reflect the changes resulting from The Taxpayer First Act.
(4) The taxpayer may give their permission for third party contact by providing Form 12180, Third-Party Contact Authorization Form. See IRM 25.27.1.3.6, Taxpayer Authorizes Contact with a Third Party. If authorization is received from the taxpayer, contacts with the third parties specified in the authorization may be made immediately.
Pre-Assessed IA Requests
(1) Pre-assessed IA: A pre-assessed agreement is processed when there is currently no balance showing on the account. You may receive Pre-assessed IA requests attached to:
Current year tax returns.
Prior year tax returns.
Separate correspondence.
By telephone.
(2) Unassessed IA: An unassessed IA is processed when the taxpayer requests to include an unassessed liability(ies) in a new or revised IA that includes one or more other assessed balance due modules. Similar to Pre-assessed IAs, requests for Unassessed IAs may result from current year returns not yet processed, AUR, ASFR or any other pending assessment which is being proposed and is to be included in the IA once the proposed assessment posts.
(3) You must research IDRS, checking for any return delinquencies (TC 140) modules: IRM 5.19.1.4.4.1, Full Compliance Check, or balance due modules not current on IDRS (ST 23 or ST 53): IRM 5.19.1.4.4.2(5), Balance Due Taxpayer Education (Cause and Cure). These modules must be included in the IA. You must also verify the address on the account on CC ENMOD with the address on Form 9465, Installment Agreement Request. If the address is different, update the address on IDRS only if the box on Form 9465, Installment Agreement Request, is checked.
Caution: For disclosure purposes, do not generate a systemic letter if CC ENMOD indicates a joint name line and the IA request is for a single entity module; manually generate the letter and place an "N" in the ex-spouse prompt ("X-SP>" of the CC LPAGE screen). This eliminates a duplicate letter issued to the spouse.
(4) If the taxpayer calls regarding an IA on a current year return only, and no other balance due accounts, not yet mailed or previously mailed but not received by IRS, take the following actions:
If the taxpayer has not mailed the return, advise them to attach Form 9465, Installment Agreement Request, if available, or correspondence to the front of their tax return requesting the IA and payment amount.
If the taxpayer already mailed the return, establish the IA using CC IAPND if the IA request meets IA criteria for establishing an IA following IRM procedures for accepting or rejecting an IA request.
If the customer is a first-time filer you cannot set up the IA with CC IAPND; ask the taxpayer to contact us when they receive their first bill from IRS.
(5) When you receive an inquiry about a current year balance due and find no record of the balance due account, ask the taxpayer if they filed electronically:
If the taxpayer responds the return was filed electronically, use CC TRDBV to research.
When the screen IA shows the account as "MF RESEQUENCED", the taxpayer has a balance due account; page down to the end of the form and the refund or balance due amount is displayed.
Follow normal procedures for setting up an IA using CC IAGRE. See IRM 5.19.1.6.4, Installment Agreements (IAs).
Balance due electronically filed returns do not post to the MF until cycle 20, or one cycle after full payment is made, whichever occurs first.
Caution: If the taxpayer states they electronically filed a current year return showing a balance due, CC TRDBV does not reflect the return, and it is earlier than cycle 20, DO NOT tell the taxpayer no return was filed. DO NOT tell the taxpayer to refile their return. The return should post when full payment is posted or Cycle 20.
Because this account has not posted to MF, changes or adjustments to the account cannot be made until full payment is posted or Cycle 20.
If there is no balance due displayed on IDRS or CC TRDBV, research for a NMF account; for information regarding automated NMF balance due accounts: See IRM 5.19.1.5.1, NMF Balance Due Accounts.
(6) If there are any return delinquencies, reject the IA request and request the missing returns from the taxpayer. If the IA is accepted in error and input via CC IAPND, when the return posts, the CC IAPND defaults on the IAAL due to open TDI's; these cases are returned to the originator to monitor and secure the return(s). You cannot establish the IA on IDRS, and because the taxpayer was told we have approved the IA, you cannot reject the request at this juncture.
(7) If the taxpayer's request does not include a proposed payment amount and the balance due is ≡ ≡ ≡ ≡ ≡ or is less, follow procedures to process the request: See IRM 5.19.1.6.4, Installment Agreements (IAs).
(8) If the taxpayer's request does not include a proposed payment amount and the projected balance due is over $25,000:
Reject the request and send Letter 2272C, Installment Agreement Cannot be Considered/Extension of time to pay Cannot be Considered, (or other appropriate letter), informing the taxpayer that the IA cannot be considered.
Enclose Form 433-D, Installment Agreement, and Form 433-F, Collection/Information Statement.
Advise the taxpayer to return both completed forms with the balance due notice they receive.
Do not input TC 971 AC 043 or give independent review or appeal rights. See IRM 5.19.1.6.4, Installment Agreements (IAs).
(9) If a taxpayer requests a DDIA on the pre-assessed request IRM 5.19.1.6.4.13.1, DDIA - Form 433-D, Installment Agreement and Form 9465, Installment Agreement Request.
Note: We can now accept requests for a DDIA on Form 9465, Installment Agreement Request, received with an ELF filed return. Form 9465, Installment Agreement Request, is notated it was received with the ELF return; for DDIA procedures: IRM 5.19.1.6.4.13, DDIA.
(10) To process the request for an IA if the return was filed or the taxpayer agreed to the assessment amount, such as Underreporter, Examination, ASFR, follow applicable procedures. See IRM 5.19.1.6.4, Installment Agreements (IAs).
(11) For input of the Pre-assessed IA, follow procedures below:
(12) Advise the taxpayer they may start making payments and how to send payments. IRM 5.19.1.6.4.16, IA Terms and Conditions.
(13) Provide the campus address for payments without CP 521, Installment Agreement Reminder Notice, or CP 523, Installment Agreement Default Notice.
(14) You must include a paragraph in the letter advising the taxpayer a bill is issued when the tax is assessed, as required by law, but no collection action is taken once we input the IA and no response to the notice is required.
(15) Research IDRS for a pending IA when a taxpayer calls or writes regarding a previous request for a Pre-assessed IA; look for history in AMS or CC ENMOD showing the original request was rejected or is being rejected.
Note: A previously input Pre-assessed IA "expires" if the expected tax is not assessed within 16 weeks of IA input. An "expired" Pre-assessed IA must be changed, extended or cancelled on CC IAPND. See Exhibit 5.19.1-8(1), IDRS Input of Pre-assessed IAs and Short Term Payment Plans. Multiple successive actions (change, extend or cancel) may be required to reset the IA.
(16) Input the IA per procedures below if there is not a Pending IA:
Related modules already in ST 6X: IRM 5.19.1.6.4.19, Revision/Reinstatement of IAs, and IRM 5.19.1.6.4.20, Adding New Liability to an Existing IA.
Related assessed balance due modules in notice or TDA status: IRM 5.19.1.6.4.5, Account Statuses Affecting IAs.
For Pre-assessed IA input procedures, see Exhibit 5.19.1-8, IDRS Input of Pre-assessed IAs and Short Term Payment Plans.
For Unassessed IA input procedures, see Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, or Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV, and follow the instructions to include an Assessment Indicator.
If the return already posted, input using CC IAGRE.
Note: DDIAs can now be input using CC IAPND; continue to use the following procedures. See IRM 5.19.1.6.4.13.1, DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request, regarding routing these requests to the CSCO that has jurisdiction over the taxpayer's account for compliance issues (back-end or notice issuance CP 50X) for input.
(17) If the taxpayer submits a request for an IA with an extension of time to file (TC 460 on the module), tell them to resubmit the request for an IA when they file the returns if there are no other balance due modules.
(18) If the taxpayer is a first-time filer and you have no address with which to determine the campus having jurisdiction, hold the request until the return posts; route according to related procedures: IRM 5.19.1.6.4.13.1, DDIA - Form 433-D, Installment Agreement and Form 9465, Installment Agreement Request.
Pre-Assessed IA Request - (ASFR) Return Not Filed or Unagreed Proposed Assessment Amount
(1) If the taxpayer has not filed the (ASFR) return or does not agree with the proposed assessment amount (ASFR, Underreporter, Examination, etc.), follow procedures in the table below.
Note: If these accounts are still open in ASFR, Examination or Underreporter after inputting the CC IAPND, employees from other functions must route such requests to these areas so they are aware of the taxpayer request and update their case files or take action on the assessment.
If ... | And ... | Then ... |
---|---|---|
The taxpayer has not filed the return (ASFR) or agreed to the proposed assessment (ASFR, Examination, Underreporter, etc.), | The projected amount due is LESS than $25,000, AND the proposed payment amount meets the 1/72 criteria, |
|
The taxpayer has not filed the return (ASFR) or agreed to the proposed assessment (ASFR, Examination, Underreporter, etc.), | The projected amount due is MORE than $25,000 OR the proposed payment amount DOES NOT meet 1/72 criteria, |
|
IA Terms and Conditions
(1) When an IA is granted, the taxpayer MUST be advised verbally, or in writing, that the IA is terminated when:
Payments are not made timely.
Note: Failure to receive a reminder notice is not a valid reason for not making timely payment.
A current financial statement is not provided when requested.
Additional liabilities are incurred.
Note: If ES payments are not made for the current year and you are unable to include in the IA as a pre-assessed liability, make sure the taxpayer understands if not paid timely next year, the IA will default.
Financial statement processing shows ability to pay more and the taxpayer disagrees.
(2) Advise the taxpayer verbally or in writing:
To make payments timely with increases as appropriate.
Advise the taxpayer penalties and interest continue to accrue until the balance is paid in full.
If a DDIA, advise the taxpayer that reminder notices will not be mailed to them. Monthly payments are deducted from their checking account.
Advise the taxpayer any future refunds are applied to the balance due, regardless of the IA type established, and these offsets do not replace the monthly payment due.
Advise the taxpayer all subsequent returns must be filed and paid in a timely manner.
If a Combo case, inform the taxpayer both accounts are in IA status.
(3) Advise the taxpayer of the user fee in the closing letter. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines, and Exhibit 5.19.1-11, IA User Fee Codes.
Reminder: If you are speaking with the taxpayer, you also must advise them verbally of the user fee.
(4) If the taxpayer asks how the payments are applied, explain payments are applied in the following order:
The User Fee.
The oldest tax assessed.
Penalties on the oldest tax assessed.
Interest on the oldest tax assessed.
Once the oldest assessment is paid in full, payments are applied to the second oldest tax assessed in the same manner outlined above and continue until all balance due modules are paid in full.
(5) The taxpayer may not designate application of IA payments.
Reminder: Payments, other than IA payments and restitution payments, are applied as requested by the taxpayer.
(6) If the account is ST 22, you are granting and/or establishing an IA, and input of the IA is delayed, update ACS with all pertinent information. Update comments to reflect the IA terms and input History Code "TOR5, 30,IAPND". Also, input TC 971 AC 043 on all related modules.
(7) If the IA results from a telephone contact, and the IA meets criteria for managerial approval; Advise the taxpayer the IA is subject to managerial approval before finalized and that if the IA is not approved by management, you will contact them before the first payment is due to discuss their account. See IRM 5.19.1.6.4.8(6), IA Managerial Approval.
Estimated Tax Payments - Monitoring an IA
(1) IRC 6159 does not allow IA to default for non-payment of estimated tax; we continue to make estimated payments a condition for granting an IA, but no longer monitor and default an IA for non-payment. Add a history item to AMS to reflect ES payments are required.
Example: "ESPYMTREQD"
Note: Use CC ENMOD if AMS is unavailable.
(2) For estimated payment requirements see IRM 21.6.3.4.2.3, Estimated Tax (ES). When adding this module to the IA as a pre-assessed module, see IRM 5.19.1.6.4.15, Pre-Assessed IA Requests.
(3) Neither Guaranteed IAs nor SIAs should be rejected due to failure to make ES Payments.
(4) Rejection of NSIAs and PPIAs should be considered if the taxpayer claims that they make ES Payments on their financial statement, but internal verification (CC IMFOL) does not show any ES Payments have been made, AND the first ES Payment due date has passed. See IRM 5.19.1.6.4.9, IA Rejection Criteria.
Reminder: If the taxpayer does not claim they make ES Payments on their financial statement but should, grant the IA if all other required criteria is met (even if one or more ES Payment due dates has passed). Address ES Payment requirements; see IRM 5.19.1.4.4.2, Balance Due Taxpayer Education (Cause and Cure). Advise the taxpayer that a new balance due will cause their IA to default. If they owe on the next year’s return and want the liability added to the existing IA, they will need to submit a new request to include the liability at the time they file the return.
Payment Skips (Missed Payments)
(1) When an IA payment is due, IDRS searches for the money both before and after the due date. If the payment is missed but then a late payment is received, IDRS can "restore" the IA so the taxpayer’s skip is not used. If the taxpayer has not made a payment, the system may grant them one (1) automatic skip (30 days).
Do not advise the taxpayer they may miss a payment or are permitted an automatic skip.
A dishonored check does not "use" an allocated skip payment. A dishonored check may default the IA. See paragraphs (2) - (3) below.
(2) Effective February 9, 2009, for IMF cases ONLY, programming was put into place that gave the taxpayer an additional 30 days after his or her first automatic skip. No contact is made for the first two skips, allowing the taxpayer an opportunity to self-correct.
(3) Effective August 3, 2019, for IMF cases ONLY, programming was put into place that will allow the taxpayer another 30 days after his or her second automatic skip, before the IA goes to ST 64 (default). At the beginning of this third 30 day skip, the system will generate Letter 4458C, Second Installment Agreement Skip, and a TC 971 AC 646 to CC ENMOD. This letter acknowledges that the taxpayer may be having difficulty making his or her payments and encourages him or her to contact us to possibly re-negotiate his or her IA. The taxpayer can get a skip anytime during a rolling 12-month period. The skips can be either consecutive or non-consecutive.
(4) If a taxpayer contacts us, you can re-negotiate his or her IA, providing it stays within established guidelines. Consider all other possibilities on a case by case basis such as PPIA, OIC or CNC. The actions you can take are no different than when a taxpayer contacts us in response to a CP 523, Installment Agreement Default Notice.
(5) If a taxpayer calls us as a result of the Letter 4458C, Second Installment Agreement Skip and requests more than the 30 extra days allowed systemically, a manual skip will need to be input. If the TC 971 AC 646 has already posted and the taxpayer just needs those 30 days, no IDRS input is necessary. The TC 971 AC 646 is a generated transaction. There are no provisions to input this TC manually.
(6) When establishing a new IA, a skipped payment is allowed.
(7) CC IADIS display shows the following:
Skip on: The skip payment has not been used.
Skip used: The skip payment was used; the taxpayer already missed a payment.
(8) Use the following chart to determine when to allow a skip when the IA has not defaulted:
If ... | And ... | Then ... |
---|---|---|
The skip has NOT been used, | The taxpayer requests to skip a payment, |
|
The skip has been used, | The taxpayer requests to delay or skip a payment due to a reasonable, unexpected, or emergency financial need, OR the taxpayer requests a one-time decreased payment amount due to a change in financial condition, |
|
The skip has been used, | The taxpayer does NOT confirm a change in financial condition, OR have a reasonable or unexpected expense, |
|
Reminder: If the taxpayer requests to skip payment on a DDIA: IRM 5.19.1.8.6.1, Requests to Skip a Direct Debit Installment Agreement (DDIA) Payment. Do not revise the DDIA using CC IAREV; ONLY ACS, ACSS, CSCO and CCP employees input revisions to DDIAs.
Revision/Reinstatement of IAs
(1) When an IA is defaulted by the taxpayer (ST 64), CP 523, Installment Agreement Default Notice, is issued to the taxpayer. This notice states the following:
The reason for the proposed termination of the IA.
The corrective action needed to reverse the taxpayer’s actions/omissions.
This is our notice of intent to levy.
The taxpayer’s right to appeal the termination within 60 days from the date of the notice. See IRM 5.19.8.4.16.4, How Does the Taxpayer Appeal an IRS Action.
Note: After the IRS provides notice, CP 523, Installment Agreement Default Notice, the taxpayer’s appeal period expires 30 days after the termination date stated in CP 523. See IRM 5.19.8.4.16.5, Appeals on Defaulted and Rejected Installment Agreements
If they disagree with the proposed termination, the taxpayer has the right to request an appeal by completing Form 9423, Collection Appeal Request, or its equivalent. See IRM 5.19.8.4.16.6, Sending Cases to Appeals.
If corrective action is not taken, the IA will be terminated 30 days from the date of the notice.
No levy may be made during this 30-day period, plus 30 days thereafter. If the taxpayer timely appeals, no levy can be made during the appeal process.
Note: Refer to IRM 5.19.8, Collection Appeals Rights, for procedures related to an appeal of a terminated IA.
The taxpayer is charged a user fee if the IA is reinstated. See IRM 5.19.1.6.4.6(4), IA Payment Methods and User Fees (UF) Overview, for a table of IA user fee rates.
(2) IAs are terminated for various reasons:
Missed payments (usually the skipped payment and a second missed payment).
New liabilities are not paid when due.
Exception: A GII automation tool may be used to add new liabilities to agreements that have been proposed for default via the IAAL process. See IRM 5.19.10.10, Installment Agreement Accounts List (IAAL).
Bad check.
Taxpayer failed to provide financial update when requested.
(3) If the taxpayer contacts IRS and requests a Short Term Payment Plan within up to 180 days, see IRM 5.19.1.6.3, Short Term Payment Plan Within 180 Days.
(4) Determine if an IA should be reinstated by researching the IA terms using CC IADIS.
If the taxpayer corrected the reason for default per instructions on the CP 523, Installment Agreement Default Notice, such as full paid the new module or made up missing payment within 45 days of the CP 523, Installment Agreement Default Notice, issuance, reinstate the IA regardless of unfiled returns or CSED issues. We cannot legally terminate an IA for CSED or unfiled returns.
If the taxpayer has not corrected the reason for default within 45 days of the CP 523, Installment Agreement Default Notice, issuance, termination or rejection of the request to reinstate is legally allowed. IRM 5.19.1.6.4.20, Adding New Liability to an Existing IA. If this is a new liability; if after considering paragraphs (5), (6), and (7) below to determine the best resolution of the account, you decide the IA should not be revised/reinstated, do not take steps to reinstate or terminate the IA.
Note: The taxpayer received their appeal rights with the CP 523, Installment Agreement Default Notice, and has time to appeal. Check for unfiled returns or CSED issues. See IRM 25.6.1.12, Collection Statute Expiration Date (CSED), for CSED issues.
Ensure all returns are filed; you must secure returns related to any TDI modules previously closed using TC 598, if the taxpayer meets filing requirements. IRM 5.19.1.4.4.1, Full Compliance Check. Do not reinstate an IA, unless it meets criteria in "a" above, until all delinquent returns are secured for the preceding six years per applicable procedures: IRM 5.19.1.4.4.1, Full Compliance Check.
Note: If the taxpayer requests to revise/reinstate a DDIA, EEFax Form 4442, Inquiry Referral, to the CSCO liaison within 24 hours at the Campus having jurisdiction of the taxpayer's account. Do NOT revise the DDIA using CC IAREV. Only employees in ACS, ACSS, CSCO and CCP should input revisions to DDIAs.
Caution: If the account is no longer in ST 6X, such as moved to ST 22, ST 24, ST 26, etc., it is considered a new original IA. Reset the skip indicator to allow a skip; for input instructions: See IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview. See Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV.
(5) If the request for reinstatement or revision meets SIA criteria:
No managerial approval is required.
No NFTL determination is required.
No financial statement need be obtained.
(6) If an IA can be revised or reinstated, DO NOT allow another skip unless the IA left ST 6X and the taxpayer is negotiating a new IA. CC IAREV is returned for entering the new IA terms.
Caution: If the taxpayer requests reinstatement of a DDIA or PDIA: See IRM 5.19.1.6.4.13, DDIA, or IRM 5.19.1.6.4.14.1, Input of PDIA, for resolution; these accounts require special handling.
If ... | And ... | Then ... |
---|---|---|
The taxpayer made the required payment after CP 523, Installment Agreement Default Notice, issuance, | Not applicable |
|
The taxpayer has not skipped a payment in the last twelve months, | The terms of the IA do not change, |
|
The taxpayer’s financial condition changed, | They are now able to keep up with their payments, |
|
The taxpayer’s financial condition changed, | They are unable to keep up with the current payment amount or make up any payments, or requests to lower payments AND The account is above deferral and does not meet SIA criteria, |
|
The taxpayer’s financial condition changed, | They are unable to keep up with their current payment amount or make up any payments, and requests to lower payment amount. The account is above deferral, does meet SIA criteria, and the CSED is not an issue, |
|
The taxpayer’s financial condition changed, | They are unable to keep up with their current payment amount or make up any payments, AND The account is below deferral, AND The CSED is not an issue, Note: If the CSED is not protected, follow procedures below. |
|
The taxpayer’s financial condition changed, | They are unable to keep up with or make up any payments, AND After completing financial statement processing, the taxpayer is unable to pay the account in full before the CSED expires, |
|
The IA defaulted due to IRS error, Example: Misapplied payment, or rejected for open TDI after 11/30/1999. | Not applicable |
|
The IA defaulted due to accruals posting with a no change audit closure (PC 5), | Not applicable | IA defaulted erroneously.
|
The taxpayer wants to add another liability to the IA, | Not applicable |
|
The taxpayer wants to add another liability of $200 or less to the IA, | Not applicable |
|
(7) The above list is not all-inclusive; if you determine the taxpayer is making a reasonable effort to pay the liability, and the government’s interest, is not in jeopardy, reinstate the IA provided the remaining payments full pays the liability within the CSED, as provided in IRM 25.6.1, Statute of Limitations Processes and Procedures. If the liability will not full pay within the CSED, follow applicable procedures for PPIAs, see IRM 5.19.1.6.5, PPIA.
(8) If the taxpayer wants to revise an existing IA in ST 60 (or ST 63), follow IRM 5.19.1.6.4.1, Determining Appropriate IA.
Exception: If the only change to an existing NSIA or PPIA in ST 60 (or ST 63) is the due date, no managerial approval is necessary.
Exception: If the only change to an existing regular NSIA or PPIA in ST 60 (or ST 63) is converting to either a DDIA or PDIA, then no managerial approval is necessary.
(9) Change the payment amount, payment due date, payment due cycle, and any other data requiring updates using CC IAGRE to generate CC IAREV.
Caution: If the taxpayer's user fee code is a "ON" or "DN", the origination fee is due; do not change the user fee code to "R", revised/reinstatement fee due. The taxpayer is responsible for the origination fee, in this circumstance, has not yet paid it. Do not charge for the origination and the revised/reinstatement fees simultaneously.
If There is an Installment Payment Available and ... | Then ... |
---|---|
The user fee module is established, | Input a credit transfer to move the appropriate amount to pay origination fee in the user fee module; for additional information: See IRM 5.19.1.6.4.6.3, User Fee Payment Transfer/User Fee Abatements. |
There is no user fee module established, | Establish the user fee module and transfer the appropriate fee amount with a PDC of "2"; for additional information: See IRM 5.19.1.6.4.6.2, Manual Establishment of User Fee Module. |
Reminder: Once the origination fee is paid, update the user fee to "Y", revised/reinstated fee due.
(10) Advise the taxpayer to continue making all payments, as now agreed, using Letter 2273C, Installment Agreement Accepted; Terms Explained, (or other appropriate letter) giving the taxpayer the terms of the reinstated IA. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
Reminder: IA accounts reinstated that do not meet SIA criteria and the AAB (CC SUMRY) is above $10,000, a NFTL determination must be made. See IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL, for NFTL filing procedures. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
(11) If setting up a new IA and your response is CC IAREV instead of CC IAORG, revise the review date three years. Input 156 cycles in the Review Agreement cycle field. If converting a Short Term Payment Plan of up to 180 days to an IA, re-set the skip indicator to 1.
Exception: If establishing a PPIA, follow associated procedures for establishing a review date; for additional information: See IRM 5.19.1.6.5, PPIA.
Withdrawal of IA Requests
(1) Taxpayers may withdraw IA requests either verbally or in writing.
(2) When a request is received to withdraw an IA, complete Form 14425, Withdrawal of Request for Installment Agreement, and document AMS.
If the request is received during telephone contact, document AMS with the information specified.
If the request is received with correspondence, document AMS showing who signed, the date, and the reason for the withdrawal would be sufficient. For accounts exceeding authority levels, see IRM 5.19.1.4.1, Account Actions on Referral/Redirects.
(3) Verbal requests are effective five (5) calendar days from the day they are received unless a written confirmation of a verbal request is received within the five (5) day period.
(4) Include the reason for the withdrawal request in the appropriate part of the form (or in AMS history).
Note: Reasons for IA withdrawal listed on Form 14425, Withdrawal of Installment Agreement Requests, include Offer In Compromise (OIC), Collection Due Process (CDP), Bankruptcy and Currently Not Collectible (CNC). The primary reasons for Campus employees to process IA withdrawals are when they are processing a CNC on an account currently in an IA, or when the CDP unit receives a CDP Appeal on an account currently in an IA.
(5) If, after a verbal request for withdrawal, written confirmation is not received, document the case file as to how the request for withdrawal occurred.
(6) IAs are considered withdrawn (i.e., withdrawals are effective):
Upon receipt of written requests for withdrawal, or
Five (5) calendar days after a verbal request for withdrawal.
(7) Withdrawals should not be solicited by contact employees, but questions may be asked to clarify misunderstanding of taxpayers’ statements.
(8) If the IA:
Is pending, then input TC 972 AC 043 using CC REQ77/CC FRM77 with the effective date of the withdrawal.
Was granted, then input TC 971 AC 163 using CC REQ77/CC FRM77 with the effective date of the withdrawal, and remove account from ST 60 using IADFL. Ensure the appropriate collection status is input.
Note: No independent review or appeal rights are required in this situation.
(9) If the IA request was a joint request on a jointly filed return, both taxpayers must sign one request (or separate requests) for withdrawal for the request to be honored.
Note: If one or both of the requests is verbal, see paragraph (6)(b) above regarding the effective date.
Adding New Liability to an Existing IA
(1) It is possible a new liability may be added to an existing IA; however:
For phone calls, request full payment.
If the ALN is "XX08" on CC IADIS and DPC code is "05" for the payment, the agreement is not an IA, but a Continuous Wage Levy (CTLV). Follow the procedures in the table below:
Explain to the taxpayer we currently have a levy on their wages and we cannot just add another liability; the wage levy is an enforcement action and is not a voluntary payment.
Advise the taxpayer to request an IA to add the new liability. Strongly encourage the taxpayer to establish either a PDIA or a DDIA.
If the IA is established, check levy release procedures. See IRM 5.19.4.4.10, Levy Release: General Information.
If ... | Then ... |
---|---|
An incoming call and you are a non-ACS employee, | Transfer the call to ACS. |
Receiving correspondence and you are a non-ACS employee, | Refer the correspondence to the ACSS Site based on BOD code and State mapping (W&I State Mapping or SB/SE State Mapping). |
You are an ACS employee, | Review IA procedures. IRM 5.19.1.6.4, Installment Agreements (IAs). IRM 5.19.1.6.4.9, IA Rejection Criteria. |
(2) The request to add a new liability must not exceed the authority for accepting IAs. See IRM 5.19.1.2.6.3, Installment Agreements.
(3) You must take the following actions:
Ensure compliance with estimated tax requirements and adequacy of withholding; if estimated payments were a condition of a previous NSIA or PPIA and the taxpayer failed to keep any promise to make estimated payments, do not reinstate the NSIA or PPIA.
Prepare and send the request for rejection: IRM 5.19.1.6.4.9, IA Rejection Criteria.
Do not terminate the IA.
Allow the account to terminate systemically 13 cycles after default (ST 64).
Address cause and cure: see IRM 5.19.1.4.4.2, Balance Due Taxpayer Education (Cause and Cure).
Update the taxpayer address and telephone number.
When the IA request does not meet SIA criteria:
Document AMS comments there is no change to the financial statement.
Forward to your manager for approval as required in IRM 5.19.1.6.4.8, IA Managerial Approval.
Update the financial statement with new information.
Request substantiation applicable to the changes if needed: IRM 5.19.13, Campus Procedures for Securing Financial Information.
Document AMS comments.
Forward to your manager for approval as required in IRM 5.19.1.6.4.8, IA Managerial Approval, if you receive all information.
Prepare for rejection and request full payment of the new liability amount.
Enclose Form 433-F, Collection/Information Statement.
Do not terminate the IA; allow the account to terminate systemically seven cycles after default (ST 64).
Obtain managerial approval as required in IRM 5.19.1.6.4.8, IA Managerial Approval.
You must make a NFTL determination if the IA does not meet SIA criteria and the AAB (CC SUMRY) is more than $10,000.
Note: All modules must have a NFTL determination prior to closing the account. This includes new modules where the AAB (CC SUMRY) including prior CNCs, Notice Status, etc. is $10,000 or more.
Example: If the account has 5 open modules and the AAB (CC SUMRY) is $80,000 and is being closed as CNC, IA, etc. and the NFTL has been filed on only 4 modules and the new modules has an unpaid assessment of $7,000 it must be included on the new NFTL. If the AAB (CC SUMRY) is $10,000 or more and in this scenario the unpaid balance of assessment (CC SUMRY) would be $87,000.
For additional NFTL filing information see IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
Charge the appropriate user fee. If the account is in ST 6X, then charge a revision/reinstatement user fee. If the account is in Notice Status or ST 22, 24, or 26, then charge an origination user fee. If IA is granted for a low-income taxpayer on April 10, 2018 or later, charge a Reduced user fee on a non-DDIA agreement, or waive the user fee for a DDIA. See IRM 5.19.1.6.4.6(4), IA Payment Methods and User Fees (UF) Overview, for a table of IA user fee rates. Also, see Exhibit 5.19.1-11, IA User Fee Codes and Installment Agreement (IA) User Fee Codes.
Waive the fee if the account balance is below deferral, the new balance can be paid within two additional payments, or it is a Low-Income taxpayer with a DDIA and the agreement was established on 4/10/2018 or after.
If ... | Then ... |
---|---|
Financial information is available, is less than one year old AND The taxpayer indicates no change to their financial information, | |
Financial information is available, is less than one year old AND The taxpayer indicates a change to the financial information, | |
No financial information is available and you are speaking to the taxpayer, | Prepare a financial statement using AMS. IRM 5.19.13, Campus Procedures for Securing Financial Information. |
No financial information is available and you receive correspondence, |
(4) Add the new liability if the taxpayer still meets the IA criteria using CC IAGRE to generate CC IAREV:
For existing PDIAs, see IRM 5.19.1.6.4.14.1, Input of PDIA.
For existing DDIAs, see IRM 5.19.1.6.4.13.1, DDIA, Form 433-D, Installment Request, and Form 9465, Installment Agreement Request, and IRM 5.19.1.6.4.13.2, Taxpayer Problems With DDIA.
(5) If the new liability is not assessed (Underreporter assessment, audit assessment, or current year return is filed but has not yet posted):
Research the account
For ACS call sites only: If the taxpayer EEFaxes a copy of an unfiled or late-filed return for processing, annotate on the top of the return "Process as Original" and send to the appropriate campus for processing.
Revise the ALN to "XX32".
Change the assessment indicator to "1" using CC IAGRE, allowing the new assessment to post without suspending the IA.
Update the payment due cycle.
Reminder: Do not reset the skip indicator if already used.
Enter history on AMS indicating the proposed assessment amount
Example: "UM30200612 $6,700".
If ... | Then ... |
---|---|
The taxpayer received notice of additional tax liability via CP 2000, Notice of Proposed Adjustment for Unreported Income, Payments, or Credits, and confirms the amount of the assessment, | Include in the IA as an unassessed module. |
A return is received and the taxpayer knows the balance, | Include in the IA as an unassessed module. |
A return is received and the taxpayer is unsure of the balance amount, | Advise the taxpayer they will receive correspondence/phone call once a decision is made about their IA request. |
A return is not received and normal processing time has expired, | Advise the taxpayer to resubmit the return. |
A return is not received and normal processing time has not expired, | Advise the taxpayer additional time is needed to process the request. |
Exception: Area Revenue Officers and Revenue Agents forward Form 433-D, Installment Agreement, to PSC CSCO for processing and input. Revenue Officers indicate on Form 433-D, Installment Agreement, for returns they "have secured" and sent for processing.
Example: "UM301994"
(6) Send Letter 2273C, Installment Agreement Accepted; Terms Explained, or Letter 3217C, Automated Letter - Installment Agreement Accepted; Terms Explained, (or other appropriate letter) to the taxpayer and advise them we added the new liability. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
(7) When working correspondence, determine whether the IA proposal on the most recent correspondence meets the necessary criteria.
Example: A taxpayer has an active IA for $100 per month for their 2014 liability. They file their 2015 return with a balance and send a Form 9465, Installment Agreement Request, requesting an IA for $50 per month. Determine whether the $50 proposal meets the appropriate criteria for the 2014 and 2015 balances.
(8) Do not "stack" IAs, unless the taxpayer specifically states this is their intent. "Stacking" refers to the practice of adding two IA proposals together. Employees need to contact the taxpayer for clarification when there are questions of this nature.
Example: A taxpayer has an active IA for $200 per month for their 2013 liability. They file their 2015 return with a balance and send a Form 9465, Installment Agreement Request, requesting an IA for $100 per month. The employee makes an out call. The taxpayer states they want to pay $100 more per month than the $200 they are currently paying, for a total of $300 per month. The employee should document the additional contact and process the IA request based on the clarified proposal of $300 per month.
VLSP
(1) Normally, if the taxpayer calls or writes in indicating they cannot pay the amount due today or within 60 or 180 days, and the balance due exceeds either SIA $25,000 and under criteria or SIA over $25,000 criteria, a financial statement must be secured. However, the taxpayer may offer to make a VLSP to reduce the balance due to meet SIA criteria. In addition, the need for a VLSP may also be identified through financial analysis for taxpayers who are being considered for NSIAs or PPIAs.
Caution: Do not establish an IA including a VLSP. The VLSP must be received and posted before the IA can be granted.
(2) Suspend the account to wait on the VLSP by entering:Notice Status
Input a CC STAUP to the next status for 6 cycles.
Send Form 4442, Inquiry Referral, to CSCO with the amount and date of the promised VLSP included in the comments.
If ... | Then ... |
---|---|
ACS | "TOR5, XX,VLSP" |
ACSS | "TOS5, XX,VLSP" |
Note: XX = number of days for the VLSP to be received, plus 21.
(3) Input TC 971 AC 043. See IRM 5.19.1.6.4.7, Pending IA Criteria.
(4) Notate in AMS, the amount of the promised VLSP, the date the taxpayer promises to pay it and the terms and conditions of the IA (i.e., total tax liability, payment amount and payment dates, user fee; see IRM 5.19.1.6.4.16, IA Terms and Conditions) agreed to by the taxpayer and the CR if VLSP is received.
Note: Undesignated payments are normally applied to the oldest period(s) first. If the account includes balances for multiple periods, this may mean that part of the VLSP is applied to accrued interest and penalties. As a result, if the VLSP is being made to meet SIA criteria, it would not reduce the balance sufficiently. If this is a possible issue, advise the taxpayer to designate the payment to ensure it is applied to assessed amounts only. Document AMS to show that this was discussed.
(5) Inform the taxpayer if the VLSP is not received by the promised date, the IA will not be considered and provide WOEA as applicable per IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection.
If the VLSP is received by the target date and the account now qualifies for SIA $25,000 and under criteria, grant the IA as noted on prior AMS comments.
Note: If the taxpayer made the agreed VLSP to meet SIA $25,000 and under criteria, but the account balance still exceeds $25,000 because the VLSP was not applied as designated, honor the taxpayer's intent and grant the agreement following SIA $25,000 and under criteria if the other requirements are met. Document AMS.
If the VLSP is received by the target date and the account now qualifies for SIA over $25,000 criteria, grant it.
Note: If the taxpayer made the agreed VLSP to meet SIA criteria, but the account balance still exceeds $50,000 because the VLSP was not applied as designated, honor the taxpayer's intent and grant the agreement following SIA over $25,000 criteria if the other requirements are met. Document AMS.
If the VLSP is received as agreed by the target date and the account is a NSIA or PPIA, follow instructions in IRM 5.19.1.6.4, Installment Agreements (IAs), or IRM 5.19.1.6.5, PPIAs.
If the VLSP is not received by the target date, send the case to Independent Review. See IRM 5.19.1.6.4.9, IA Rejection Criteria.
IA Considerations for Individual SRP Modules
(1) Include Individual SRP modules (MFT 35/65) in new or Pending IAs, subject to the following guidelines:
If TP has an existing/agreed IA, then a new Individual SRP module is considered a standalone that can be included in the IA and will not default the IA.
If taxpayer responds to a notice on a subsequent MFT 35/65, the service employee can add the new period into an existing IA without additional fees.
If the taxpayer does not want the new Individual SRP module added to the existing IA, then the Individual SRP module will be moved to recess (TC 530 cc 35). This will happen systemically if no action is taken, and the case will not be assigned to ACS or Field Collection.
Note: The case will continue to be subject to refund offset if the taxpayer does not request to have the standalone MFT 35/65 included in the IA.
Note: A subsequent standalone MFT 35/65 will not default an existing IA.
Reminder: Do not take any action on a standalone Individual SRP module. The module will be recessed systemically.
If IA defaults for another reason, such as insufficient payments, it will only be reinstated if all modules, including any subsequent MFT 35/65 modules, are included.
Note: New, revised and reinstated IAs must include all liabilities, including Individual SRP modules. If the taxpayer does not agree to include all liabilities on a proposed IA, see IRM 5.19.1.6.4.9, IA Rejection Criteria.
Streamlined PDIAs and DDIAs - Add all open Individual SRP modules to original IAs. However, if the taxpayer wants to add a subsequent MFT 35/65 to an existing IA and it no longer meets SIA criteria, ask for a financial statement. If they do not respond, the existing IA will stay in place and standalone MFT 35/65 will be recessed.
If the IA is a DDIA, the taxpayer must provide a new signed Form 9465, Installment Agreement Request, or Form 433-D, Installment Agreement, to include the MFT 35/65 in the agreement, if they are increasing the payment amount. If the taxpayer does not respond, the existing IA will stay in place and standalone MFT 35/65 will be recessed.
If the IA is a PDIA, a new Form 2159, Payroll Deduction Agreement, is not needed. A Letter 2571C, To Employer: Discontinue/Adjust Payroll Deduction, should be sent to the employer informing them of the new balance.
All current procedures for revising IAs will be followed. See IRM 5.19.1.6.4.19, Revision/Reinstatement of IAs.
(2) When a taxpayer’s return includes balance due liabilities for both MFT 30 and MFT 35 (or MFT 31 and MFT 65) and they request an IA for that tax year, the IA request includes both liabilities.
CSCO IA Considerations for Individual SRP Modules
(1) If there is an existing IA, and the taxpayer has a new liability for MFT 35/65 only, follow the procedures below to include the MFT 35/65 module(s). The taxpayer’s request may be received on:
Form 9465, Installment Agreement Request,
Form 433-D, Installment Agreement, or
Correspondence.
(2) If the taxpayer’s request shows the Individual SRP liability (MFT 35/65), and:
The proposal meets SIA $25,000 and under criteria (See IRM 5.19.1.6.4(9), IAs), input the IA.
The proposal meets SIA over $25,000 criteria, follow instructions in IRM 5.19.1.6.4(10), Installment Agreements (IAs).
The proposal does not meet SIA criteria, request financial information. If the taxpayer provides financial information, process per IRM 5.19.13, Campus Procedures for Securing Financial Information. If the taxpayer does not provide financial information, do not default existing IA. The MFT 35/65 module(s) will be systemically recessed (TC 530 cc 35).
(3) If the taxpayer’s request does not show the Individual SRP liability, see IRM 5.19.1.6.4.22(2), IA Considerations for Individual SRP Modules. If you cannot determine whether the IA request includes the Individual SRP liability, ask the taxpayer (via phone contact or correspondence) if they want to include the SRP and suspend the case.
Reminder: If adding the SRP causes the existing IA to no longer meet SIA criteria, also request financial information.
If the taxpayer responds, agreeing to include the SRP in the IA, process per paragraph (2) above.
If the taxpayer responds, stating that they do not agree to include the SRP in the IA, do not default the existing IA. The MFT 35/65 module(s) will be systemically recessed (TC 530 cc 35).
(4) SIAs over $25,000 must be either a DDIA or a PDIA. See IRM 5.19.1.6.4(10), Installment Agreements (IAs).
If the IA is a DDIA, the taxpayer must provide a new signed Form 9465, Installment Agreement Request or Form 433-D, Installment Agreement, to include the SRP in the agreement, if they are increasing the payment amount. If the taxpayer does not respond, the existing IA will stay in place and standalone MFT 35/65 will be recessed.
If the IA is a PDIA, then current procedures apply if adding a new MFT 35/65 to an existing agreement. A new Form 2159, Payroll Deduction Agreement, is not needed. A Letter 2571C, To Employer: Discontinue/Adjust Payroll Deduction, should be sent to the employer informing them of the new balance.
If the taxpayer’s balance now exceeds $50,000, ask if they can make a VLSP to meet SIA criteria. See IRM 5.19.1.6.4.21, VLSP.
If a VLSP is received, the payment is applied to the earliest outstanding period, unless designated to MFT 35/65.
If the taxpayer does not meet SIA criteria, follow IRM 5.19.13, Campus Procedures for Securing Financial Information.
PPIA
(1) All taxpayers are expected to immediately full pay delinquent tax liabilities. If full payment cannot be secured by the Collection Statute Expiration Date (CSED), and taxpayers have some ability to pay, the government can grant PPIAs.
PPIA Requirements
(1) PPIAs requires that equity in assets be addressed; taxpayers are required to use equity in assets to pay liabilities; however; complete utilization of equity is not always required as a condition of a PPIA:
PPIAs may be granted for assessed and pre-assessed balances if the taxpayer cannot full pay within the Collection Statute Expiration Date (CSED). Financial analysis is required for PPIAs. See IRM 5.19.1.2.6.3, Installment Agreements, and IRM 5.19.1.2.6.4, Financial Analysis, for authority levels.
Note: Do not conduct financial statement processing on below deferral cases; therefore, PPIAs are not considered if the balance is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡. See IRM 5.19.1.2.6.4), Financial Analysis.
When evaluating the financial statement, compare the current year income provided by the taxpayer to the income on the last filed return using CC IRPTR, and at least one of the following: CC RTVUE, CC TRDBV or CC BRTVU.
In addition, compare assets included on the financial statement to the results of these CCs. If the current year income has decreased 20% or more from the last filed return income, or income or assets are identified that were not disclosed on the financial statement, discuss and/or resolve any discrepancy with the taxpayer. Do not request substantiation if the taxpayer can provide a reasonable explanation.
Example: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡
Example: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡
Example: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡
PPIAs require a Collection Information Statement and managerial review. If the financial analysis supporting a prior NSIA or PPIA determination is no more than twelve months old, a new liability or liabilities may generally be closed using the same determination without further investigation for an amount up to (total of all modules) $25,000 including previous modules included in the IA.
Reminder: Obtain managerial approval as required in IRM 5.19.1.6.4.8, IA Managerial Approval.
Analyze financial statements and supporting documentation to determine the taxpayer's ability to pay. See paragraph (1)(b) above.
The payment amount allowed is based on the amount as determined on the completed financial statement via completed AMS financial screens; the taxpayer must pay this amount.
The one-year rule, IRM 5.19.13.3.6, Eliminating Excessive Expenses Within One Year, and the six (6) year rule, IRM 5.19.13.3.5, Full Payment in Six (6) Years (6 Year Rule), do not apply to PPIAs.
All PPIAs are NSIAs; therefore require a NFTL filing determination.
For NFTL filing procedures see IRM 5.19.4.5.3.1, Before Filing NFTLs, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
The CSED is not extended by waiver.
If the taxpayer is unable to full pay their liabilities but can, or have requested to make regular monthly payments, grant a PPIA under applicable guidelines: IRM 5.19.1.6.5.2, Procedures for PPIA. Ensure a back-up 53 is input. Document AMS.
Procedures for PPIA
(1) No Asset/No Equity PPIAs: After reviewing the financial statement, PPIAs may be granted if taxpayers meet the criteria:
Has no assets and/or no equity in assets.
Has the ability to make monthly payments.
Is willing to make payments consistent with ability to pay as determined by a financial statement.
Financial statement processing shows monthly expenses exceed monthly income, but the taxpayer makes an offer to pay an amount not full paying within the existing CSED.
(2) Asset PPIAs: For Notice Status accounts, if review of the financial statement indicates the taxpayer can pay by borrowing against assets/equity, reject the IA request, unless the criteria in paragraph (6) below applies. See IRM 5.19.1.6.4.9, IA Rejection Criteria.
(3) For ACS cases: IRM 5.19.1.6.4.8, IA Managerial Approval.
(4) If the taxpayer responds they are unable to borrow, but offers to pay an amount consistent with ability to pay, as determined by a financial review, and cites one of the criteria listed in paragraph (6) below, they may be granted a PPIA.
Exception: If real property equity exists, the case may be referred to the field to consider seizure; use the PPIA TFRO Calculator http://serp.enterprise.irs.gov/databases/irm-sup.dr/e-acsg.dr//ppia_tfro_calculator.xls to determine if a case meets the criteria for transferring to the field. Using taxpayer provided information, the PPIA TFRO Calculator will determine the amount and percentage of equity in the property using the reduced forced sale value (60%). The calculator will display "TFRO criteria MET!" if the AAB (CC SUMRY) is at least $50,000 and:
The property value is $100,000 or less and has an amount of equity of at least $50,000.
The property value is more than $100,000 and has an amount of equity of at least $50,000 and at least 30% of the value of the property.
Example: Property value: $120,000 (reduced forced sale value (60%) $72,000), Encumbrance: $22,000 & Equity: $50,000 (42% is greater than 30%; 30% rule satisfied- refer to the field).
Example: Property value: $177,000 (reduced forced sale value (60%) $106,200), Encumbrance: $56,200 & Equity: $50,000 (28% is less than 30%; 30% rule not satisfied- do not refer to the field).
Note: This referral requires manager approval before transferring to the field.
(5) To transfer a case to the field:
ACS: Enter "TOI7,05,TFRO". See IRM 5.19.1.4.1.1 , Account Actions on Referral/Redirects - ACS and ACSS Employees.
Notice Status: Follow instructions in IRM 5.19.1.4.1(9), Account Actions on Referral/Redirects.
(6) An asset PPIA may be granted without requiring a taxpayer to borrow against assets with equity if:
The assets have minimal equity.
Under the laws of a particular state, the taxpayer is unable to access the equity such as an asset held as a tenancy by the entirety (when only one spouse owes the tax).
The taxpayer is unable to sell the asset because it is unmarketable despite a high book value.
Example: A house requiring extensive repairs.
The asset is necessary to generate income for the PPIA and the government receives more from the future income generated by the asset than from the sale of the asset.
It would impose an economic hardship on the taxpayer to sell property, borrow on equity in property, or use a liquid asset to pay the taxes.
Example: A taxpayer on fixed income, such as social security, owns a modest home with equity. If the taxpayer had to sell the property, it would cost more to obtain other housing options; new home or rent.
Financial statement processing shows monthly expenses exceed monthly income, but the taxpayer makes an offer to pay a monthly amount not full paying within the existing CSED.
(7) All case histories require documentation on AMS explaining the basis for the decision to proceed with or deny a PPIA.
Managerial Approval of PPIAs
(1) All PPIAs above $25,000 require managerial approval. See IRM 5.19.1.6.4.8, IA Managerial Approval.
Reminder: In addition to new PPIAs above $25,000, managerial approval is also required whenever PPIAs above $25,000 are reinstated.
(2) The manager must review these cases to ensure they reflect documentation concerning:
Thorough and complete input of the financial statement(s).
Exception: If the taxpayer had a previous PPIA and defaulted it, there are some situations where a new financial statement may not be necessary. See IRM 5.19.1.6.5.3.2(2), Revising/Reinstating PPIAs.
Correct determination of Real Property equity.
Ensure the taxpayer is in compliance with Filing, withholding, Federal Tax Deposit, and/or Estimated Tax payment requirements. See IRM 5.19.1.4.4.2, Balance Due Taxpayer Education (Cause and Cure) and IRM 5.19.1.6.4.2, IA Requirements IBTF Express Agreement.
Ensure the taxpayer agrees to pay all cash available as determined in the financial statement processing.
Include all balance due accounts, including pre-assessed modules.
Example: Taxpayer inability to borrow against or otherwise utilize an asset or equity to make payment and insufficient equity are examples of justification and rationale for a PPIA.
(3) Managers must document their review and approval/disapproval on AMS or ACS; for procedures. IRM 5.19.1.6.4.8, IA Managerial Approval.
Input of PPIAs
(1) After any necessary managerial approval, follow normal procedures for establishing the IA with the additional guidance below:
ALN: "12", put in "YY" position of the ALN, unless IA another ALN takes precedence; for additional information regarding ALNs, see Exhibit 5.19.1-9, ALNs.
BMF cases, use RSI "6"; IMF cases; use RSI "5".
Agreement Review Date: For new PPIAs or reinstated PPIAs where a new financial statement was taken, input 104 cycles from the current cycle. For reinstated PPIAs where an existing financial statement was used, no entry is required if the current Agreement Review Date is within 104 cycles from the cycle the previous financial statement was taken.
Exception: If the current Agreement Review Date is more than 104 cycles from the current cycle, enter 104 cycles from the cycle the previous financial statement was taken.
Inform the taxpayer the PPIA is reviewed every two years, at which time we may request new information regarding their financial situation.
Campus employees input the PPIA-IND as "2" regardless of whether the case is an asset or non-asset case.
Caution: PPIA-IND "1" is reserved for field asset cases.
Update the AMS narrative to reflect the actions taken including the TC 530 action code for back-up 53 cases or cross-referenced TINS; a back-up 53 is required when financial statement shows no ability to pay, but the taxpayer requests to make payments; for additional information: IRM 5.19.13, Campus Procedures for Securing Financial Information.
(2) PPIAs may be input as PDIAs or DDIAs.
Revising/Reinstating PPIAs
(1) Managerial approval is required for all revisions/reinstatements of PPIAs above $25,000.
Exception: If the only change to an existing PPIA in ST 60 (or ST 63) is the due date, no managerial approval is necessary.
Exception: If the only change to an existing regular PPIA in ST 60 (or ST 63) is converting either a DDIA or PDIA, then no managerial approval is necessary.
(2) If the previous PPIA was based on a financial statement that was taken:
One year ago or less, a new financial analysis is not required if the PPIA will be reinstated at the same terms.
Exception: A new financial statement is required (even if the previous one is less than a year old) if the taxpayer is requesting new terms (such as asking for a lower monthly payment), or if the taxpayer indicates their financial condition has changed since the previous financial statement.
More than one year ago, a new financial analysis is required. See IRM 5.19.1.6.5.1, PPIA Requirements, IRM 5.19.1.6.5.2, Procedures for PPIA, and IRM 5.19.13, Campus Procedures for Securing Financial Information.
(3) Document AMS to show the reason for the previous default. If no new financial statement is needed, document why the PPIA is being reinstated for the same terms.
Note: Taxpayers entering PPIAs who have defaulted an IA in the past 24 months will be required to make monthly payments via DDIA or PDIA unless they are unbanked and unemployed/self employed. If this is not possible, a PPIA may still be granted. The reason that a payroll deduction or direct debit agreement could not be secured must be documented in the case history.
(4) Once any necessary managerial approval is secured and documented on AMS or ACS, revise/reinstate the new PPIA as instructed in IRM 5.19.1.6.5.3.1, Input of PPIAs.
(5) If one or more new modules are added to the PPIA, make a NFTL determination and advise the taxpayer of NFTL filing when appropriate; for criteria and NFTL filing procedures, see IRM 5.19.4.5.1(2), Notice of Federal Tax Lien Filing Determinations, and IRM 5.19.4.6.1, How to File a NFTL. If the taxpayer objects to the NFTL filing, see IRM 5.19.8.4.16, Collection Appeals Program (CAP) Procedures, for CAP information.
Two Year Review
(1) The American Jobs Creation Act of 2004 requires PPIAs be reviewed every two years; the review is conducted by the CCP organization. See IRM 5.4.11.9, PPIA Two Year Financial Review.
(2) Taxpayers subject to this review may receive one of the following:
CP 522, Installment Agreement - Review Financial Condition, or
CP 522P, Notice of Periodic Review of Your Current Installment Agreement.
(3) Taxpayers who receive either notice should call CCP at 800-831-0273 to provide the requested financial information.
Manually Monitored Installment Agreement, MMIA
(1) Some IAs require special handling. There are rare instances when an IA should not be established through CC IAGRE or does not qualify to be "mirrored" as in IRM 5.19.1.6.7.1, Front End Mirror Assessments Process for IA Closures. These types of IAs, MMIA, are not to be confused with MFT 31 Mirrored assessments.
Note: MMIAs cannot be DDIA, but may be PDIA.
(2) The types of IAs listed below must be manually monitored ensuring compliance with the terms of the IA:
IAs calling for variable amounts.
Example: A taxpayer with seasonal income and payment amounts vary from season to season.
IAs secured from more than one person at different addresses paying on the same liability.
IAs secured from the secondary taxpayer only.
Note: If the secondary taxpayer has a joint and individual tax liability, follow procedures for both primary and secondary taxpayer in paragraph (3) below.
Exception: If the account meets mirroring requirements, follow instructions in: IRM 5.19.1.6.7.1, Front End Mirror Assessments Process for IA Closures.
A balance due on a joint liability, but the primary taxpayer is deceased and has open TDI modules which cannot be resolved.
Note: Establish as an MMIA on the secondary taxpayer SSN if in filing compliance; for disposition of TDI module on a deceased taxpayer's account. See IRM 5.19.2.6.4.6.6, IMF Response Taxpayer Deceased.
IAs on a joint liability from both taxpayers, but one taxpayer has a return delinquency; when establishing as an MMIA: IRM 5.19.1.6.4.4, IMF/BMF Related Accounts.
Payments at irregular intervals.
IAs containing both MF and NMF accounts.
NMF accounts.
The IA has related modules in Bankruptcy (ST 72). IRM 5.19.1.5.2, Insolvency Issues.
IAs from the requesting spouse when there is an unresolved Innocent Spouse claim filed TC 971 AC 065 on the module; establish as an MMIA and do not include modules with unreversed TC 971 AC 065 in the IA. IRM 5.19.1.5.18, Innocent Spouse.
A balance due on a joint liability where one taxpayer is collectible and the other taxpayer is CNC and the NCs are different.
Accounts including MFT 74.
Accounts including MFT 76.
Any other IA not compatible with IDRS monitoring.
(3) Process accounts meeting criteria in paragraph (2) above as follows:
Prepare Form 433-D, Installment Agreement.
Note: If two or more taxpayers are involved (see paragraph (2)(b) above), prepare one Form 433-D, Installment Agreement, for each taxpayer.
Indicate on Form 433-D, Installment Agreement, whether the IA request was taken by phone or correspondence.
Send Letter 2273C, Installment Agreement Accepted; Terms Explained, (or other appropriate letter) and include instructions to mail payments to the campus address where the account is located to each party requesting the IA. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
Caution: Do NOT provide lockbox addresses for these IAs.
Reminder: If this is a joint account and only one of the taxpayers requests the IA, ensure only the requesting taxpayer’s name appears on the letter.
Caution: If any modules are in bankruptcy ST 72, send all copies of Form 433-D, Installment Agreement, to the Centralized Insolvency Operation.
When the primary taxpayer requests the IA:
After the CLC change posts, input CC ASGNI 6996 assigning the account to CCP.
Send the paperwork to CCP.
Include the information regarding the freeze condition and the need to monitor until the freeze is resolved.
When the secondary taxpayer requests the IA, Input CC STAUP 2200. Do not change the CLC or the CC ASGNI so collection action may continue for the primary taxpayer.
Example: Issuance of a manual levy.
Input a history item on CC ENMOD indicating "MMIATFCCP".
Input a second history "MMIA4SSSN" the (MMIA is for the secondary SSN only).
Input TC 971 AC 063 using CC REQ77/CC FRM77.
Note: If the IA is for the secondary taxpayer only, input the secondary taxpayer SSN in the XREF-TIN field.
Establish the user fee module for all MMIAs: IRM 5.19.1.6.4.6.2, Manual Establishment of User Fee Module
Establish the user fee module under the primary taxpayer SSN.
Input a history on CC ENMOD indicating the user fee is for the secondary taxpayer.
Input comments on AMS reflecting the terms of the IA.
Note: Ensure you enter the taxpayer name reflecting for whom the IA is established.
Include the following items along with Form 3210, Document Transmittal: a copy of completed Form 433-D, Installment Agreement, CC ENMOD print(s), comments, and any other pertinent documentation including financial information.
Forward the complete package to PSC within seven days. The preferred method for submitting MMIA packages is to EEFax them to 877-501-0214, or secure email to *SBSE EEF Philadelphia CCP Team 104.
If you are not able to EEFax or send secure email, MMIA packages may also be submitted to: Internal Revenue Service, 2970 Market Street, Mail Stop 5-E04-117, Philadelphia, PA. 19104.
When the primary taxpayer requests the IA, input History Code:
When the Secondary taxpayer requests the IA, continue following normal collection procedures on the primary taxpayer only.
If ... | Then ... |
---|---|
The CLC is 35, | Input CC ASGNI 35006996. |
The CLC is other than 35, | Change the CLC to 35 using CC INCHG, Doc Code 50, CLC 35 Group 00. |
If ... | Then ... |
---|---|
The request to change the CLC or CC ASGNI does not take because of a freeze code on the account, Example: A disaster freeze. |
Note: CCP will only accept MMIAs for processing from ROs, as well as ACS, FA and CSCO. CCP will not accept MMIA requests from other functional areas, including Appeals.
If ... | Then ... |
---|---|
The primary taxpayer requests the IA, | Input a history item on CC ENMOD indicating "MMIATFCCP" (the MMIA was transferred to CCP). |
The secondary taxpayer requests the IA, |
If ... | And ... | Then ... |
---|---|---|
The MMIA is for the secondary taxpayer only, | They have an Entity established, | Create the user fee module under the secondary taxpayer SSN. |
They do not have an established Entity, | Not applicable |
If ... | Then ... |
---|---|
ACS | Input "TOC0, 45,MMIA". |
ACSS | Input "TOS0, 45,MMIA". |
Mirroring Accounts
(1) After a jointly filed balance due tax return is processed, and a MFT 30 account is on IDRS, both taxpayers are responsible for the liability, as well as any associated MFT 35 liability.
(2) This section will help you recognize when it is appropriate to separate or "mirror" a joint account. You may also receive a request from a taxpayer for separate treatment from their spouse in order to have their own IA and/or CNC. Inform the taxpayer of this option, the benefits, and that once the account is "mirrored" for specified period(s) it will not be reversed.
(3) If the action is agreed upon, the IRS will start the "mirroring" process on the primary taxpayer’s account.
The MFT 30 account is "mirrored" into a MFT 31 account for each spouse, and
Any associated SRP MFT 35 liability is "mirrored" into a MFT 65 account for each spouse.
Note: Both taxpayers are liable for an MFT 35 liability associated with a jointly filed return. After January 1, 2016, Individual SRP modules (MFT 35) may be "mirrored" when applicable.
Document in AMS the taxpayer was advised of the "mirroring" option (and that it cannot be reversed). If speaking with the taxpayer, document the response.
Note: The "mirror" assessment process is not to be confused with the MMIA or split assessments. For IA accounts that do not meet "mirroring" criteria, see IRM 5.19.1.6.6, Manually Monitored Installment Agreement, MMIA.
(4) For back end "mirroring" procedures for IAs, see IRM 5.19.1.6.7.2, Back End Mirror Assessments Process for IA Closures.
(5) For back end "mirroring" procedures for CNCs, see IRM 5.19.17.2.10.2, Back End Mirror Assessments Process for CNC Closures.
Front End Mirror Assessments Process for IA Closures
(1) The IRS will determine if the account meets the criteria for MFT 31/65 "mirrored" accounts, for IAs. Make a determination when one of the following are present on a joint liability:
Analyzing the ability to pay using the AMS financial statement,
IA request for one taxpayer,
Taxpayer correspondence indicates they qualify for an IA and a request is made for separate treatment.
(2) If any of the following conditions exist, the account cannot be referred for "mirroring":
Requesting taxpayer is not compliant (See IRM 5.19.1.4.4.1, Full Compliance Check, and IRM 5.19.2, Return Delinquency.
Note: Compliance check should be made and documented when considering an IA case. Follow procedures in IRM 5.19.1.4.4.1, Full Compliance Check, and IRM 5.19.2, Return Delinquency, if there are any unfiled returns.
There is a credit balance on the module to be "mirrored".
NC is not the same as on CC INOLES (the IMF NC must match SSA’s NC).
Either SSN begins with a nine (9) (Temporary SSN).
Currently in Bankruptcy.
International Entities.
Invalid Secondary SSN or TIN (TIN with an *).
A joint MFT 30 liability cannot be mirrored for the year of death for the secondary spouse.
Exception: Joint MFT 30 liabilities can be mirrored for any other decedent situation, such as when the primary taxpayer is deceased, or the secondary taxpayer is deceased for liabilities other than the year of death.
Exception: Joint MFT 35 liabilities can be mirrored for any decedent situation - unlike joint MFT 30 income tax modules, joint MFT 35 SRP modules are successfully mirrored for the year of death when the secondary spouse is deceased.
Innocent Spouse.
CSED Imminent Modules (CSED has 12 months or less remaining on the statute).
Status 71 (-Y Freeze).
Note: See SERP, Who/Where tab; MFT 31 and Mirrored Assessments.
(3) Employees should not automatically assume that assessments made against both the primary and secondary taxpayers for the same period are duplicates simply because they are for the same tax period. Before assessments are treated as duplicates, employees should verify that the Individual SRP assessments are for the same underlying liability (jointly filed Form 1040), and are not for separately filed Form 1040.
(4) Once you verify that none of the disqualifying account conditions are present, follow the appropriate IRMs: IRM 5.19.1.6.4, Installment Agreements (IAs), or IRM 5.19.1.2.6, Case Processing Authority Levels, when determining whether an IA is the appropriate closing action. If Managerial Approval is required refer to IRM 5.19.1.6.4.8, IA Managerial Approval, for IA approval guidelines.
(5) If the requesting taxpayer qualifies for an IA or PPIA, take the following actions on Notice and ACS status accounts when referring for "mirroring":
Note: The process for "mirroring" MFT 35 is the same as MFT 30.
Input CC STAUP XX15 (Notice Status Accounts).
Input TC 971 AC 043 on the balance due modules that are being included in an IA.
Make a NFTL determination and document Form 4442, Inquiry Referral with the decision.
Note: In general, a NFTL determination is not required when closing an account with a Streamlined IA. See IRM 5.19.4.5.1.1, Determination Requirement Exceptions, IRM 5.19.4.5.3.2, Filing Criteria, and/or IRM 5.19.1.6.4, Installment Agreements (IAs).
Inform taxpayer the length of time to complete the "mirroring" process (90 days).
Document actions taken on the primary and secondary accounts on AMS.
Any pertinent documentation must be input on AMS; including financial information, if financial analysis was required, Form 12636, Request for Filing or Refiling Notice of Federal Tax Lien (if applicable).
Issues to Document ... |
---|
Requesting taxpayer Reminder: Specify which taxpayer is requesting the separate treatment. |
IA Terms |
FIN must be entered on AMS (when required). |
Managerial approval (when required). |
Note: DDIA and PDIA requests require taxpayer’s original signature per IRM 5.19.1.6.4.13, DDIA, and IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement.
(6) Prepare Form 4442, Inquiry Referral, documenting the following information:
Primary Taxpayer name line and MFT 30 (and MFT 35, when applicable) TIN.
Name and TIN of taxpayer making the request.
Identification of requestor in Part III, Section B of Form 4442, Inquiry Referral.
Current address of the taxpayer making the request (can be the same address as the primary's address).
All telephone numbers for the taxpayer(s).
Tax years to be included.
For IA accounts, include all IA information, including: monthly payment amount(s), due date(s), and start date provided to the taxpayer, ALN, Originator Codes and user fee code.
Reminder: In all instances, ensure managerial approval is documented (when required).
Annotate "MFT 31 Mirror" (and MFT 65, when applicable) in the "Referring To" or "Referral Type" boxes.
Whether NFTL determination was made and results.
Caution: The determination to file a NFTL and IA will be made by the originator and must be documented on Part III Section B of the Form 4442, Inquiry Referral. If any of the necessary steps are not completed, the account may be rejected to the originator.
(7) Refer the case to PSC on Form 4442, Inquiry Referral, and route using Form 3210, Document Transmittal, to the IA address provided at MFT 31 and Mirrored Assessments.
Note: In order to effectively control and monitor the proposed "mirrored" accounts, Form 4442, Inquiry Referral, must be accompanied by Form 3210, Document Transmittal, and forwarded to PSC CSCO within seven (7) days.
(8) Reassign the account as follows:
If ... | Then ... |
---|---|
ACS, | "TOS3,90,MFT31" |
TAS Cases, | Remain in S7 for Monitoring. |
(9) S3 Follow-up: Check for a control base established by PSC CSCO. (PSC CSCO normally establishes a control base on cases to be "mirrored" within 14 days.) If a control base is not established, resubmit the "mirroring" package based on AMS documentation. Do not reject the account to ACS.
Back End Mirror Assessments Process for IA Closures
(1) The following procedures are follow-up actions for the request for an account to be "mirrored". This process is performed by CSCO at the Philadelphia Campus. PSC CSCO verifies the validity of the IA cases to be "mirrored" upon receipt. Requests for "mirrored" IA cases can be sent to PSC CSCO in the following ways:
Campus — Form 3210, Document Transmittal, with an attached Form 4442, Inquiry Referral.
Field — Form 3210, Document Transmittal, with an attached Form 433-D, Installment Agreement.
Note: Field Collection does not use Form 4442, Inquiry Referral. All requests for "mirroring" action from Field Collection, will be on Form 3210, Document Transmittal, with an attached Form 433-D, Installment Agreement, for "mirrored" IA requests. These requests may be accompanied by Form 12636, Request for Filing or Refilling Notice of Federal Tax Lien.
Note: Field Only - If one or more of the required actions were not taken or documentation is missing, attempt to contact the originating Revenue Officer. Document the attempt on AMS to obtain the required information. Allow 5 days for resolution from initial contact. If the issue is not resolved with 5 days, return the package to the originating Revenue Officer.
Note: See IRM 5.19.1.6.7.1, Front End Mirror Assessments Process for IA Closures, for front-end "mirroring" procedures.
(2) Check Form 3210, Document Transmittal, to verify:
The case count on the Form 3210, Document Transmittal.
The SSN and tax years to be "mirrored".
The joint MFT 30/35 account filing status per tax year.
Supporting documentation is attached.
Case is in Notice or Collection status.
Name and TIN of taxpayer making the request.
All telephone numbers for taxpayer.
Managerial approval is documented (when required).
(3) Ensure all actions were taken by the originator per IRM 5.19.1.6.7.1, Front End Mirror Assessments Process for IA Closures.
(4) Recordation of the mailed letter are available to employees on CC ENMOD. Review Form 4442, Inquiry Referral, Form 433-D, Installment Agreement, or AMS for the terms of the IA.
(5) If one or more of the required actions were not taken or missing information is preventing the processing of the request, view AMS history for the missing information. If the information needed to the process the request is not shown on Form 4442, Inquiry Referral, or Form 433-D, Installment Agreement, and is not located on AMS, return the package to the originator for follow-up.
(6) Document AMS history and Form 4442, Inquiry Referral, with the specific reason for rejection. This information will enable the originator to correct the issue and re-submit the package. (See IRM 5.19.1.6.7.1(3)-(5), Front End Mirror Assessments Process for IA Closures).
(7) If any of the following conditions exist on a joint MFT 30 account, the account cannot be "mirrored":
Requesting taxpayer is not compliant.
A credit balance on the module to be "mirrored".
NC is different on CC INOLES on primary account (the IMF NC must match SSA's NC).
Either SSN begins with a nine (9) (Temporary SSN).
Currently in Bankruptcy.
International Entities.
Invalid Secondary SSN or Taxpayer Identification Number (TIN with an *).
A joint MFT 30 income tax liability cannot be mirrored for the year of death for the secondary spouse.
Exception: Joint MFT 30 liabilities can be mirrored for any other decedent situation, such as when the primary taxpayer is deceased, or the secondary taxpayer is deceased for liabilities other than the year of death.
Exception: Joint MFT 35 liabilities can be mirrored for any decedent situation - unlike joint MFT 30 income tax modules, joint MFT 35 SRP modules are successfully mirrored for the year of death when the secondary spouse is deceased.
Innocent Spouse.
CSED imminent modules (CSED has 12 months or less remaining on the statute).
Status 71 (-Y Freeze).
(8) When all preliminary actions and validations have been completed, the joint liability periods are ready to be "mirrored". Take the following actions:
Control the case on IDRS using "MFT31/IA" as the activity code and "COLL" as the category code.
Use CC REQ77/CC FRM77 on MFT 30/35 of the Primary TIN. Input TC 971 AC 107, with the secondary spouse in the X-Ref field.
Use CC REQ77/CC FRM77 on MFT 30/35 of the Secondary TIN. Input TC 971 AC 107 with the primary spouse in the X-Ref field.
Use CC REQ77/CC FRM77 to input TC 971 AC 145 on the MFT 30/35 with a Posting Delay Code (PDC) of 1.
Document actions taken on the primary and secondary accounts on AMS.
Add follow up date to activity on IDRS control.
Note: Use the same date (original date of input) for all TC 971 transactions.
(9) Three cycles after input of the three transactions, TC 971 AC 107s and TC 971 AC 145, "mirror" modules on MFT 31/65 will generate under both the primary and secondary SSNs.
(10) After two cycles, the TC 971 AC 145 will appear with "RXXX" re-sequence code due to PDC 1 used. (Input of TC 971 AC 145 on the MFT 30/35 module generates a TC 400 and creates both MFT 31/65 modules.) MFT 31/65 modules will post in the next cycle. IMF will "mirror" all transactions from MFT 30/35 to MFT 31/65, including the TC 400. TC 400 will zero out the account balance on MFT 30/35.
Note: Once the "mirror" modules are created and the TC 400 posts, the MFT 30/35 and the MFT 31/65 modules will have an M- freeze code and will be in Status 29.
(11) Monitor MFT 31/65 modules and posting of TC 971 AC 145 and TC 400 on MFT 30/35. Verify that three modules are present:
One joint MFT 30/35 module.
One MFT 31/65 for the primary.
One MFT 31/65 for the secondary.
(12) After both MFT 31/65 modules are established and TC 971 AC 145 and TC 400 have posted to the MFT 30/35 and MFT 31/65 modules, input TC 972 AC 145 on the MFT 30/35 and MFT 31/65 modules:
Input TC 972 AC 145 on MFT 30/35.
Input TC 972 AC 145 on MFT 31/65 Primary SSN.
Input TC 972 AC 145 on MFT 31/65 Secondary SSN.
Note: A TC 972 AC 145 generates a TC 402 to bring the module balance back on all three MFTs and removes the M- freeze. Update the activity code on the control base to reflect a follow-up date.
Note: "MFT 31/MMDD". MMDD = Three weeks from the date of TC 972 input.
Note: "MFT 65/MMDD". MMDD = Three weeks from the date of TC 972 input.
(13) A TC 971 AC 132 will systemically generate on the MFT 30/35 module after the TC 402 posts. A TC 971 will generate a TC 604 credit to close out the balance due on the MFT 30/35. The MFT 31/65 "mirrored" modules will be exact copies of the MFT 30/35 module. The MFT 30/35 module will be in Status 12. The balance due will remain on both the MFT 31/65 modules. The MFT 31/35 modules will generally reflect the Collection Status of the module immediately prior to the MFT 30/35 module going into Status 29.
Caution: The debt has not been satisfied because the MFT 30/35 module now has a zero balance. The balance due still exists for both parties, on the MFT 31/65 modules created.
(14) Monitor for the posting of all the TCs on MFT 30/35 and both MFT 31/65 modules. Once the "mirroring" assessment is complete:
Input TC 972 AC 043 on the MFT 31/65 modules on the non-requesting spouse.
Note: This transaction code will only be reversed if there is a TC 971 AC 043 on the account.
Input TC 972 AC 061 on the MFT 31/65 module on the non-requesting spouse, if a TC 971 AC 061 is present on the account.
Note: This transaction code will only be reversed if there is a TC 971 AC 043 on the account.
Input the IA on the requesting taxpayer balance due accounts, using the information notated on Form 4442, Inquiry Referral, or Form 433-D, Installment Agreement. If this information was not notated, follow normal IRM procedures.
Send appropriate letter to the taxpayer requesting the IA. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
A computer generated TC 971 AC 110 will generate on each of the MFT 31/65 accounts. This TC will allow payments made to either account to cross reference. Research both taxpayer accounts for IA payments. If payments are found posted to the MFT 30/35 of either taxpayer's account, input a credit transfer to apply them to the IA on the MFT 31/65 account as originally intended.
Document actions taken on the primary and secondary accounts on AMS.
If NFTL is required, hold for 30 days from the date of the letter prior to forwarding to the CLO. Forward completed forms to the CLO. The address for the lien unit may be found under the Who/Where tab on SERP, http://serp.enterprise.irs.gov/databases/who-where.dr/ccp-lien-teams.html.
Hold IA request for 1 cycle after input to verify the IA posted.
Online Payment Agreements (OPA)
(1) OPA is a web application that taxpayers and tax practitioners may use to establish IAs via the internet. There are exclusion criteria preventing some individuals from establishing IAs through OPA; if the account meets exclusion criteria, the user is directed to call a toll-free number and is routed to CAS or ACS, depending on their account status.
(2) Customer Service and Collection Representatives in CAS and ACS, respectively, may receive questions regarding OPA access. Follow instructions in IRM 5.19.1.6.8.3, Referring Taxpayers to OPA.
(3) For additional information concerning OPA, including registration and login requirements, see IRM 21.2.1.57, Online Payment Agreement (OPA) for IMF Debts, and IRM 21.2.1.57.1, Online Payment Agreements for Certain BMF Debts.
(4) Online Account (OLA) is an additional online tool that allows taxpayers to see information about existing payment plans and eligibility and payment options. See IRM 21.2.1.62, Online Account, for more information.
OPA Management Action Reports (MAR)
(1) MAR generates from the OPA application to the Telephone Routing Interactive System (TRIS) and are worked by designated employees at the following campuses:
SB/SE Non-ACS and ST 22/24 cases - Cincinnati ACSS.
W&I Non-ACS cases - Kansas City CSCO.
W&I ST 22/24 cases - Atlanta ACSS.
Note: MAR reports MUST be processed within 5 working days of receipt.
(2) There are three reports worked by the campuses and each is segmented by ACS ST 22 cases and Non-ACS (CSCO) cases:
OPA MAR generates for actions not completing due to systemic problems in OPA such as a letter or TC 971.
OPA Pending IA reports generate for IA requests meeting criteria for a pending IA, but the proposed monthly payment amount does not fully pay the balance within 72 months.
A third report, OPA Payment Report, is informational for non-ACS cases; it does not require action by CSCO employees. It lists all Short Term Payment Plans and IAs processed on the application. The payment report for ACS cases (ST 22) requires any appropriate ACS actions taken based on the IA setup in the application, such as levy releases, history code updates and comments.
(3) OPA MAR is processed by ACSS for ST 22 accounts and CSCO for Non-ACS accounts as follows:
Retrieve the report daily from TRIS for actions completing in OPA.
Example: Letter issuance, etc.
Input the action on IDRS failing to complete in OPA as identified by the MAR.
(4) OPA Pending IA reports are processed by ACSS for ST 22 accounts and CSCO for Non-ACS accounts. Retrieve the report daily from TRIS for Pending IAs. OPA could not grant the IA because the proposed monthly payment amount was less than the required minimum, such as not full paying in 72 months. If the user agrees to submit a Form 433-F, Collection/Information Statement, OPA grants a pending IA and causes a TC 971 AC 043 to post. Process as follows:
ACS ST 22, move "TOS5,60,OPAPN"; after the follow up date expires, accounts are worked per the CCA Overage Report (see table below), the second "If/Then" table entry.
For non-ACS cases: establish a control base in "b" status, using the unique IDRS number established at your site for such cases OPA, activity code "IAPNDmmdd", and the date of the report as the received date and category code. Input a CC STAUP for nine cycles. Use the CCA Overage Report to monitor these cases; when the case is 60 days old, check IDRS.
After completing all required steps, follow procedures below as appropriate:
If ... | Then ... |
---|---|
The account is in ST 60 OR there is indication the CIS is received and has been/is being worked. | Close the control as "no action" and allow the CC STAUP to expire. |
There is no indication the required CIS was received. | Reject the IA; for failure to provide CIS: IRM 5.19.1.6.4.9, IA Rejection Criteria. Note: In Block "11" of Form 12233, Request for Installment Agreement- Independent Review Prior to Rejection, enter "OPA MAR". |
(5) Process the OPA ACS payment report in the same manner in which the TRIS Voice Balance Due (VBD) report is processed see IRM 5.19.6.23, TRIS - Voice Balance Due Report.
(6) PDC cases should be worked as normal. The account will be systemically recalled when the account meets one of the PDC exclusions in IRM 5.19.1.5.21.3.1, Exclusions to Private Debt Collection Criteria.
OPA User Fees
(1) For an overview of IA user fees, see IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview.
(2) Effective January 1, 2017, new IA user fees were introduced for taxpayers who establish IAs through OPA.
From … | Through … | Current User Fee Rates … |
---|---|---|
January 1, 2017, - as amended by the Bipartisan Budget Act of 2018, | Present, |
|
Referring Taxpayers to OPA
(1) When referring taxpayers to use the OPA application:
Review the IAT Compliance Suite tool to determine OPA eligibility or, Exhibit 5.19.1-12, OPA Referral Criteria.
Note: The OPA Referral Criteria listed in Exhibit 5.19.1-12, OPA Referral Criteria, is not an all-inclusive list of ineligibility account conditions.
If the IMF taxpayer appears to qualify to use OPA and/or the taxpayer expresses an interest in using OPA to establish their agreement, then allow them time to do so.
If the taxpayer does not appear to meet OPA referral criteria or they report problems when attempting to use OPA, see IRM 5.19.1.6.8.3.1, Taxpayer Problems With OPA.
(2) For taxpayers who meet low-income guidelines and establish an agreement on or after 4/10/2018:
If ... | Then ... |
---|---|
Low-income taxpayer agrees to make electronic payments through a debit instrument by entering into a DDIA, | Origination user fee is waived. |
Low-income taxpayer is unable to make electronic payments through a debit instrument by entering into a DDIA, | Origination user fee of $43.00 is charged, which will be reimbursed upon completion of the agreement. |
Low-income taxpayer agrees to revise/reinstate to a DDIA, | Reinstatement/revision user fee is waived. |
Low income taxpayers revises/reinstates but cannot revise to or reinstate a DDIA, | Reinstatement/revision user fee of $43.00 is charged ($10 if completed through OPA on or after 1/1/2019), which will be reimbursed upon completion of the agreement. |
Note: If the taxpayer’s account does not show a low-income or RUFI indicator but the taxpayer states they would like their account reviewed to determine whether they meet low-income criteria, advise them to complete and submit Form 13844, Application for Reduced User Fee for Installment Agreements. See IRM 5.19.1.6.4.6, IA Payment Methods and User Fees (UF) Overview, for information on how this form is processed.
Note: Applicable forms/pubs now include a self-identification check box for acknowledging the inability to make electronic payments through a debit instrument.
(3) Refer taxpayers to OPA and advise them of the different user fee rates using the following table:
If ... | Suggested Questions/Statements/Actions ... |
---|---|
Taxpayer meets OPA referral criteria and does not have an exclusion, | "Mr. /Mrs. ______________, based on the balance you owe, you qualify for an installment agreement, which you may be eligible to set up online. If I set up a regular installment agreement the setup fee is $225, however if you go online and setup a direct debit installment agreement from your bank account the setup fee is $31. The Online Payment Agreement application, similar to other online bill pay services, offers the following advantages:"
|
(4) If the taxpayer agrees to use OPA:
Reminder: Not all taxpayers are eligible to use OPA.
Suggested Questions/Statements/Actions ... |
---|
Advise the taxpayer, "Simply go to www.irs.gov/paymentplans to get started. You will need to verify your identity to apply online. For a Direct Debit Installment Agreement, be sure to have your banking information with you, routing number and account number. You must begin the process of inputting your installment agreement online within 48 hours. Be sure to use the SSN that appears first on the balance due tax return." |
Caution: ACS employees are not responsible for assisting users with technical issues regarding OPA. Do not navigate or help the taxpayer through the OPA process beyond the steps listed above. If the taxpayer agrees to use OPA, they are responsible for accessing and using the application themselves, after the end of the call. Online resources are available to assist the taxpayer.
(5) Warn of enforcement action as applicable. See IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection.
(6) Document AMS with comments indicating the TP agreed to use OPA, e.g., "OPAGREE".
(7) If the taxpayer makes a payment proposal at any time during the discussion that meets Pending IA criteria, take the following actions:
Input TC 971 AC 043. See IRM 5.19.1.6.4.7, Pending IA Criteria, and IRM 5.19.1.6.4.7.2, Cases Meeting Pending IA Criteria.
Advise the taxpayer of the user fee.
Document AMS with terms/amount of proposed agreement; and annotate "OPAGREE" in AMS comments as the reason for not inputting IA at time of the call.
For ACS cases, input "TOP5, 21,OPAGREE". For SCP employees, input "TON1, 21,OPAGREE".
Exception: When there is an outstanding levy on an ACS case that needs to be released, send case to "P5" with 2 day follow-up to allow for the 48 hour deadline for the caller to use OPA; use the literal "OPALEVY". For SCP employees, send the case to "N1" with a 2 day follow-up and use the literal "OPALEVY".
(8) Follow-up actions on Notice Status cases: Input CC STAUP 2200, and CC ASGNI/CC ASGNB "0120", where "01" = ACS TDA/TDI Suspense File, and "20" = Potential ACS IA.
(9) Follow-up actions on ACS cases: For ACS status cases, input the following literal as appropriate:
If ... | Then ... |
---|---|
No modules with a final notice date and levy source present, | "TOE2, 21,OPAGREE" |
One or more modules with a final notice date and levy source present, | "TOE3, 21,OPAGREE" |
Case is already in an "E" Enforcement function/unit, | "OADT, 21,OPAGREE" |
No levy source is present, | "TOI4, 21,OPAGREE" |
Note: For FERDI accounts with no levy sources, input "OADT, 21,OPAGREE" and leave in current inventory.
(10) Levy Release: If there is an outstanding levy, advise the taxpayer the wage levy will be released upon verification of an IA. If economic hardship exists, follow existing procedures in IRM 5.19.4.4.10(5)(j), Levy Release: General Information, for Release of Levy. Establish the agreement per guidance in IRM 5.19.1, Balance Due.
Taxpayer Problems With OPA
(1) Not all taxpayers are able to use OPA.
Note: Payroll Deduction Agreements (PDIAs) cannot be processed through OPA.
Note: During IDRS downtime, OPA cannot be accessed. Follow procedures in IRM 5.19.5.4.12, Telephone Techniques and Communication Skills, and assist the taxpayer to the extent the available systems will allow.
(2) If the caller is unable to access OPA because of too many unsuccessful attempts, ask the taxpayer to wait until the next day and try again. If the taxpayer forgot their username or password, ask them to follow the prompts on the Log In screen.
(3) Employees are not responsible for assisting users with technical issues regarding OPA.
Caution: Do not request or use a taxpayer’s username and/or password. Do not attempt to login or otherwise navigate or assist the taxpayer through the OPA process. If the taxpayer agrees to use OPA, they are responsible for accessing and using the application themselves, after the end of the call. Online resources are available to assist the taxpayer.
(4) If a taxpayer reports experiencing difficulty using OPA, apologize. Inform callers you do not have access to OPA, but can assist them with their account if they do not wish (or are unable) to use OPA. Follow normal procedures for processing balance due accounts.
If ... | Then ... |
---|---|
Taxpayer meets OPA Referral Criteria, but encounters difficulty establishing an OPA log-in, | Resources are available to assist taxpayers with registration. Refer to IRM 21.2.1.58.2, Secure Access Digital Identity (SADI). |
Taxpayer meets OPA Referral Criteria, but is unsuccessful establishing an IA using OPA, |
|
Taxpayer meets OPA Referral Criteria but a credit transfer or adjustment is required, |
|
TP does not meet OPA referral criteria, |
|
(5) If the taxpayer is not able to use OPA to establish an installment agreement and expresses a concern about paying a higher user fee, then advise them of the following:
Advise ... |
---|
To eliminate the user fee, qualified taxpayers can set up a short-term agreement to a Short Term Payment Plan of up to 180 days or less. This can be done using the OPA application. |
If the taxpayer needs an installment agreement, the IRS is required to charge a user fee (the user fee structure is based on the IRS’s cost of providing each type of installment agreement and the taxpayer’s income level). |
(6) If the AAB is over $50,000 and the taxpayer agrees to make a Voluntary Lump Sum Payment (VLSP), follow IRM 5.19.1.6.4.21, VLSP. Encourage the taxpayer to use Direct Pay to make the payment.
SCP Follow-up on OPA Referrals
(1) ACS Function/Unit "P5" (SCP Function/Unit "N1") contains pending IAs and cases that may require a release of levy. Expired cases in "P5" (SCP inventory "N1") should be reviewed daily by the sites. Use the table below to take the next action:
If ... | Then ... |
---|---|
Account is in ST 60 on IDRS, Note: The account may contain the literal "OPALEVY", Note: Case will fall off ACS over weekend processing. |
|
Account is not in Status 60 but AMS reflects proposed IA (that meets SIA $25,000 and under criteria or SIA over $25,000 criteria), and contains unreversed TC 971 AC 043 with the literal "OPALEVY" or "OPAGREE", |
|
Warning of Enforcement Action and Enforced Collection
(1) Warning of Enforcement Action (WOEA) is required on ST 22 accounts when the taxpayer is required to take some type of action. The warning should be appropriate to the facts of the case. Ensure the taxpayer understands if they fail to perform the tasks as agreed, their noncompliance carries certain consequences.
Example: Make payment/file by a certain date.
Exception: The individual SRP amount (MFT 35/65) owed is not subject to levies or the filing of an NFTL.
(2) Warn the taxpayer of enforcement action if the account is in ST 22, and ensure they understand the full ramifications of the action. Document and specify the WOEA in comments.
Exception: If a taxpayer contacts ACS after a WOEA is given, and there is no new commitment made by the taxpayer, there is no requirement for WOEA again.
Example: A taxpayer promises to submit financial statement substantiation by a specific date, then calls back only to confirm the address to which the substantiation must be mailed. No WOEA is required as there has been no change to the taxpayer’s commitment.
Note: No WOEA is necessary if the total balance including accruals is below tolerance criteria. See IRM 5.19.1.2.6.1, Tolerance and Deferral - All Employees.
(3) See IRM 5.19.2.6, Return Delinquency Procedures, if the taxpayer is liable for delinquent returns.
(4) Warn the taxpayer in a non-threatening manner the IRS may take enforced collection action if an agreement cannot be reached; the warning should be as specific as possible. It is not sufficient to state, "We will take enforcement action if you do not meet the terms of this IA". Specifically state the next action IRS may take.
Example: "If you do not make the payment(s) as agreed, we may file a NFTL and/or levy your bank account and your wages".
(5) The types of enforcement action warnings include:
NFTL: Filing of a NFTL makes a taxpayer’s account delinquency a matter of public record. It remains in effect until the account is paid in full, including accrued interest and penalty; consequences of a NFTL include:
A credit card.
Loans.
In some cases, the ability to receive credit for ongoing business operations.
Security Clearance.
Employment.
Notice of Levy: A levy is used to attach all accounts, such as checking and savings, at the taxpayer’s financial institution and may also be used to attach to a taxpayer’s wages, less the authorized amounts for personal exemptions, or to accounts receivable or rental income; consequences of a notice of levy include:
SFR: The IRS has the authority to prepare the taxpayer’s return, per IRC 6020(a) and IRC 6020(b); however, a return under IRC 6020(b) is prepared using a marital status of single or married filing separately and only one personal exemption with no business expenses or personal deductions. Consequently, the above issues may result in a balance due SFR when, in fact, the taxpayer may be due a refund once they make all allowed elections on a filed return.
Seizure and Sale or Summons: For taxpayer inquiries regarding this issue, see IRM 5.10, Seizure and Sale and see IRM 5.17.6, Summonses.
Consequences of NFTL ... |
---|
A NFTL may impact the taxpayer’s credit rating or their ability to obtain: |
A tax lien attaches to any property the taxpayer owns and an NFTL may impair their ability to sell any such property |
A NFTL may be published in some business journals. |
Consequences of Levy ... |
---|
When the Notice of Levy attaches to a bank account, unless there are funds in excess of the levy amount, other checks written but not yet processed can be returned; this may also affect the taxpayer’s credit rating. |
When a Notice of Levy attaches to wages, only a minimal amount, prescribed by law, is paid to the taxpayer to meet necessary living expenses, with the balance sent to the IRS; some employers with ethics clauses for employment may take disciplinary action for failure to promptly pay all debts. |
A Notice of Levy may be used to attach to a business’ accounts receivables or to rental income. |
The Notice of Levy often has the effect of disclosing the taxpayer’s personal information to anyone handling the levy. Example: Payroll clerks, personnel officers, bank officials. |
(6) Consider enforcement action after the taxpayer is given an opportunity to resolve their tax liability and failed to do so. See IRM 5.19.4, Enforcement Action.
(7) If enforcement action is necessary on an account in Notice Status: input CC STAUP to accelerate the tax modules to ST 22 as follows:
If CP 504, Final Notice - Balance Due, was issued, CC STAUP 2200.
If CP 504, Final Notice - Balance Due, was NOT issued, CC STAUP 2200.
Notate AMS with pertinent information, including any follow-up dates provided to the taxpayer. ACS needs this information to know what subsequent action to take on the account.
(8) If the account is in ACS, follow normal enforcement procedures, see IRM 5.19.4, Enforcement Action.
Exception: If there is taxpayer contact and the balance exceeds the authority levels in IRM 5.19.1.2.6, Case Processing Authority Levels, follow instructions in IRM 5.19.1.4.1, Account Actions on Referrals/Redirects.
(9) Taxpayers may appeal IRS enforced collection actions. There are various appeal procedures available to them, Collection Due Process (CDP) and Collection Appeals Program (CAP). IRM 5.19.8.2.1, Collection Appeal Rights Overview, contains information showing the enforced collection actions that may be appealed under the CDP and CAP programs, and when those rights are applicable.
DDIA Monitoring Procedures
(1) This subsection outlines procedures for monitoring DDIAs. DDIA requests may be made via:
Form 433-D, Installment Agreement.
Form 9465, Installment Agreement Request.
Taxpayer correspondence
(2) By establishing a DDIA, the IRS automatically debits a taxpayer’s bank account each month.
(3) It is extremely important the DDIA is properly established and carefully monitored to prevent adverse actions affecting the taxpayer.
(4) If it is necessary to review the case file to resolve errors when the DDIA was established in another site; when appropriate contact the DDIA Liaison for the site. If the DDIA was established by the OPA application, the IDRS number contains "099" in the third, fourth and fifth positions. There is no paper file to review; contact the taxpayer for any information needed to resolve the error listing.
(5) DDIAs are subject to the same requirements as other IAs. Input of all DDIA requests (including the procedures in IRM 5.19.1.8, DDIA Monitoring Procedures, through IRM 5.19.1.8.6.1, Requests to Skip a Direct Debit Installment Agreement (DDIA) Payment) are restricted to the CSCO, ACS, ACSS and CCP operations and may be received from the following sources:
Customer Service
Revenue Officers
Examination
AUR
(6) Balance due operations that input DDIAs will follow local procedures to adhere to DDIA document retention requirements (12 years), as required in Document 12990 , Records and Information Management Records Control Schedules, IRS Records Control Schedule 29, Item No. 69 (5). Otherwise, they should adhere to the following procedures to retain the forms and ship them to the Federal Record Center (FRC): Establish and maintain a file of input documents by date order only. The site will prepare two documents showing the TINs of the input documents: one document will reflect the SSNs in the order they appear in the file, and the other document will reflect them in SSN order. A copy of both documents should be retained at the site and also put in the box to the FRC. DDIA requests should be sent to the FRC after 60 days (or when no longer needed). Campuses will follow local procedures for retirement to the FRC. The documents will be retained at the FRC for 12 years, then destroyed. See IRM 1.15.4, Retiring and Requesting Records.
Definition of DDIA Terms
(1) Several terms throughout this subsection are unique to the DDIA program.
(2) The following is a brief description of common DDIA terminology:
Term | Definition |
---|---|
DDIA | An automated electronic payment transfer system; the IRS requests payment via magnetic tape. In turn, payments are transferred electronically from the taxpayer’s bank account to the IRS. |
Bank account | A checking account or share draft account (similar to a checking account) with a bank on which the member may write drafts or checks to third parties. |
Electronic Fund Transfer (EFT) | A term sometimes used in place of DDIA; for our purposes, it means the same thing. Computer Services uses this terminology and all of the CCs and hard copy listings related to DDIA display the EFT literal. |
Automated Clearing House (ACH) | This is an organization of financial institutions capable of transferring funds and information among their members electronically; their governing body is the National Automated Clearing House Association (NACHA). Approximately 95% of the financial institutions in the United States can receive direct debit requests. Example: Banks, credit unions, etc. |
Regulation E | The rules established by NACHA to govern processing of direct debits; these rules protect the taxpayer and financial institutions using direct debits. Regulation E gives the taxpayer up to 60 days to stop or reverse an unauthorized direct debit request. |
Correspondent Bank | A bank processing all IRS direct debits nationwide; effective October 2007, DDIAs are processed via EFTPS and Bank of America is the Service's correspondent bank. |
ABA/Transit Number: | A nine-digit number usually located in the bottom left corner of a check; this number identifies the taxpayer’s bank within the ACH system and is part of the data the Service transmits to the correspondent bank. The first eight digits identify the taxpayer’s bank; the ninth digit is a check digit to verify the accuracy of the first eight digits. |
DDIA Liaison
(1) Each CSCO and ACS operation has a designated individual as liaison in Customer Service, to resolve unique situations arising from the DDIA program.
(2) To resolve DDIA program issues, the liaison initiates contact with:
Accounting Operations
Computer Services
The correspondent bank
(3) Notify the liaison if error records appear on an EFT listing or if the CC EFTAD display indicates any problems. The liaison notifies Headquarter Offices at once.
(4) Information for the CSCO DDIA Liaison at each site is located on SERP under Who/Where tab, Campus DDIA Liaisons.
(5) Most follow-up duties involving DDIA accounts, such as input of the DDIAs and working the listings, are handled as part of routine IA duties in CSCO; however, there are instances when the liaison must resolve problems.
(6) When this occurs, the liaison or designee resolves the problem and takes whatever collection actions required, including updating AMS and the case file.
DDIA CCs
(1) There are three CCs associated with DDIA; displays of these CCs are found in IRM 2.4, IDRS Terminal Input.
(2) CC EFTNT, used with a definer "F", displays the format for entering the DDIA bank information.
(3) CC EFTNT is used to store financial institution information.
(4) CC EFTAD, with a definer "D", and the date in "MMDDYYYY" format, displays a summary of all DDIA activity for any given date.
(5) CC EFTOF is used to turn off a DDIA payment request.
Perfecting DDIAs
(1) ACS, ACSS, CSCO and CCP receive, review and input all new, revised and reinstated DDIA requests, regardless of the initiating function.
(2) Ensure the following information is provided to establish the agreement and input the DDIA, or convert an existing IA to a DDIA:
Taxpayer signature; for additional information, see IRM 5.19.1.6.4.13.1(2), DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request.
Reminder: IMF taxpayers may use Form 433-H, Installment Agreement Request and Collection Information Statement, in place of Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, to request a DDIA.
Bank account number.
Routing transit number.
Payment amount.
Note: If a regular IA is already established, use the existing amount/date.
If a NSIA, a financial statement was completed by the initiator and the amount agrees with the DDIA payment amount.
(3) If the DDIA request is incomplete, take the following actions:
If ... | And ... | Then ... |
---|---|---|
A signature, bank account, or transit number is missing, | The account is in ST 60, | Send the taxpayer a letter requesting they resubmit a signed request Example: Letter 1961C, Direct Debit Installment Agreement (Form 433-D) Processing problems/Form 433-D incomplete. |
A signature, bank account, or transit number is missing, | The account is in ST 22 or 26, | Send request back to the originator to issue the taxpayer a letter requesting the missing information and establish a regular IA if the taxpayer provided the information needed and no additional information is needed. |
A signature, bank account, or transit number is missing, | The account is in Notice Status, |
|
A payment amount and/or date is missing and AMS reflects the missing information, | No other information is required, | Input the DDIA with information from AMS. |
A payment amount and/or date is missing and AMS does not reflect the missing information, | Account is already in ST 60, | Convert to a DDIA, using the existing payment and date. Caution: Make any necessary adjustments to the user fee per IRM 5.19.1.6.4.6.3, User Fee Payment Transfer/User Fee Abatements. |
A payment amount and/or date is missing and AMS does not reflect the missing information | No IA is established and account is $25,000 or less |
|
Required financial statement is missing and/or the payment amount on the AMS financial screen does not correspond with the DDIA payment request | In ST 60, 22 or 26 |
Exception: If the proposed DDIA payment amount is higher than the monthly payment amount indicated on the AMS financial screen, or the proposed DDIA meets Streamlined IA criteria (and financial information is no longer required), establish DDIA with new monthly payment amount.
|
Required financial statement is missing and/or the payment amount on the AMS financial screen does not correspond with the DDIA payment request, | In Notice Status, |
Exception: If the proposed DDIA payment amount is higher than the monthly payment amount indicated on the AMS financial screen, or the proposed DDIA meets Streamlined IA criteria (and financial information is no longer required), establish DDIA with new monthly payment amount. |
Input of DDIAs
(1) Perfect DDIA requests; for additional information, see IRM 5.19.1.6.4.12, Input of IA.
(2) Establish the DDIA using CC IAGRE. Follow the appropriate exhibit:
See Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG.
See Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV.
See Exhibit 5.19.1-8, IDRS Input of Pre-assessed IAs and Short Term Payment Plans.
(3) For all DDIAs, also:
Turn on the EFT indicator via input of "1".
Use ALN "03XX".
Input the necessary data from the DDIA request.
Note: If the skip has been used, turn the skip back on when reinstating or establishing a DDIA.
(4) If CC IAREV appears, also address the user fee, see IRM 5.19.1.6.4.6.3, User Fee Payment Transfer/User Fee Abatements.
(5) Include cross-reference information when applicable.
(6) Send the Letter 1962C, Direct Debit Installment Agreement (Form 433-D) Granted/Revised, (or other appropriate letter) to inform the taxpayer that their DDIA was established. Advise the taxpayer of their first payment date. See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines.
Exception: The DDIA confirmation letter is not required to include the first payment date when establishing a pre-assessed DDIA. This is because the DDIA cannot begin until the return is assessed. See IRM 5.19.1.6.4.13(9), DDIA.
Revising DDIAs
(1) ACS, ACSS, CSCO and CCP may receive requests to change the:
Bank information.
Payment due date.
Payment amount.
Reminder: Changes to bank information, routing number, account number and/or payment increases require a new signed authorization document.
Reminder: IMF taxpayers may use Form 433-H, Installment Agreement Request and Collection Information Statement, in place of Form 433-D, Installment Agreement, or Form 9465, Installment Agreement Request, to request a DDIA.
(2) For signature requirements, see IRM 5.19.1.6.4.13.1(2), DDIA - Form 433-D, Installment Agreement, and Form 9465, Installment Agreement Request.
(3) Requests for a change in the payment date or a decrease to the payment amount ONLY do not require a signature.
(4) By law, DDIA documents must be retained on file until the DDIA is no longer in effect. These documents are also used to perfect the DDIA if the account displays on one of the EFT error listings, which are worked in CSCO.
(5) Check CC EFTAD to see if the taxpayer's scheduled payment is present; follow the chart below to update the account:
If ... | Then ... |
---|---|
The payment request status is displayed on CC EFTAD is "[ ]" | Use CC EFTOF to turn it off. |
A payment decrease or date change is needed | Use CC IAREV, cycle date to next month and send the taxpayer a letter advising them of the change. Advise the taxpayer of their first payment date. Note: A proposed payment decrease may be granted, provided the appropriate IA criteria is met. If rejection of a payment decrease request is planned, follow instructions in IRM 5.19.1.6.4.9, IA Rejection Criteria. |
The payment request status is NOT displayed (no brackets) |
|
The payment request status displayed on CC EFTAD is "[A]" |
|
The taxpayer notifies us of a change in bank account data; routing number, account number and/or a payment increase, Reminder: These changes require a new signed authorization document. |
|
(6) On modifications, a red "M" must be annotated with the DDIA input date in red in the upper right hand corner. These documents will then be treated in the same manner as the original DDIA documents and be retired to FRC after 60 days (or when no longer needed). See IRM 5.19.1.8(6), DDIA Monitoring Procedures - CSCO Processing.
Note: DDIA modifications will no longer be associated with the original DDIA input document.
Requests to Skip a Direct Debit Installment Agreement (DDIA) Payment
(1) When a taxpayer requests to skip a payment, determine whether or not the skip is allowed, see IRM 5.19.1.6.4.18, Payment Skips (Missed Payments).
(2) If the skip can be allowed, check CC EFTAD, seeing if the payment was requested
If ... | Then ... |
---|---|
Payment status "[A]" appears next to the payment request |
|
Payment status "[ ]" | |
The payment status is blank (no brackets) | You must hold until brackets "[]" appear, then follow the procedures above. |
(3) If a payment cannot be stopped and a TC 280 is assessed, abate it. DO NOT allow the DDIA to leave ST 60. Input user fee code "W" to waive the user fee.
(4) Update AMS narrative.
Acronyms and Explanations for IRM 5.19.1
(1) The following table lists the various acronyms (abbreviations) used in the Balance Due process and used throughout this IRM:
Acronym | Definition |
---|---|
AAB | Aggregate Assessed Balance (CC SUMRY) Reminder: Consider projected balances due for any pre-assessed or unassessed liabilities. |
AC | Action Code |
ACA | Affordable Care Act |
ACS | Automated Collection System: Allows taxpayers to resolve delinquent tax obligations through telephone contact. |
ACSS | Automated Collection System Support: Supports ACS through the processing of incoming and outgoing correspondence related to ACS Phone operations, as well as levies and NFTLs. |
ALN | Agreement Locator Number |
AM | Accounts Management: Assists taxpayers in resolving account issues, working amended returns, and processing penalty abatement requests, among other duties. |
AMS | Accounts Management System |
AO | Area Office |
ASFR | Automated Substitute for Return |
AUR | Automated Underreporter |
BD | Balance Due |
BLS | Bureau of Labor Statistics |
BMF | Business Master File: A magnetic tape containing information on each taxpayer's business returns and related documents. |
BOD | Business Operating Division |
BS | Blocking Series |
C&C | Cause and Cure |
CAF | Centralized Authorization File |
CAP | Collection Appeals Program |
CAS | Customer Account Services |
cc | Closing Code |
CC | Command Code |
CCC | Cause, Cure and Compliance |
CDP | Collection Due Process |
CFOL | Corporate Files Online |
CID | Criminal Investigation Division |
CIO | Centralized Insolvency Operation |
CIS | Collection Information Statement |
CIS | Correspondence Imaging System |
CLC | Collection Location Code |
CLO | Centralized Lien Operation |
CNC | Currently Not Collectible |
Centralized Offer In Compromise (Front-end processing) | |
COMBO | A combo account is an account with both TDI and TDA modules. |
CP | Computer Paragraph |
CRN | Credit Reference Number |
CSCO | Compliance Services Collection Operations: Allows taxpayers to resolve Notice Status balances due through correspondence. Also works return delinquencies & specialty programs. |
CSED | Collection Statute Expiration Date |
CSR | Customer Service Representative |
CTLV | Continuous Wage Levy |
DDIA | Direct Debit Installment Agreement |
DECD | Deceased |
DLN | Document Locator Number |
DOS | Department of State |
DPC | Designated Payment Code |
EFT | Electronic Funds Transfer |
EFTPS | Electronic Federal Tax Payment System |
EIN | Employer Identification Number |
EITC | Earned Income Tax Credit |
EQRS | Embedded Quality Review System |
FA | Field Assistance: Provides face-to-face assistance and education to taxpayers. |
FCC | Full Compliance Check |
FDC | Fraud Detection Center |
FERDI | Federal Employee/Retiree Delinquency Initiative |
FICA | Federal Insurance Compensation Act |
FOIA | Freedom Of Information Act |
FPLP | Federal Payment Levy Program |
FUTA | Federal Unemployment Tax Assessment |
GAO | Government Accountability Office |
GII | Generalized IDRS Interface: An application that interfaces with IDRS to do input previously done manually, such as establishing IAs or to input bulk corrections. |
IA | Installment Agreement |
IAAL | Installment Agreement Account Listing |
IAR | Independent Administrative Review |
IAT | Integrated Automation Technologies |
IBTF | In-Business Trust Fund |
IDRS | Integrated Data Retrieval System |
IDS | Inventory Delivery System |
IMF | Individual Master File: A magnetic tape containing information on each taxpayer's individual returns and related documents. |
IRAF | Individual Retirement Account File |
IRC | Internal Revenue Code |
IRM | Internal Revenue Manual |
IRS | Internal Revenue Service (aka "the Service") |
ITAS | Individual Tax Advisory Specialist |
KIA | Killed In Action |
KITA | Killed In Terrorist Action |
LLC | Limited Liability Company |
LP | Letter to a third party |
LRA | Last Return Amount |
LT | Letter |
MF | Master File: A magnetic tape including information concerning all taxpayers filing various types of tax returns. |
MFT | Master File Tax Code: A two-digit number identifying the type of tax. |
MMIA | Manually Monitored Installment Agreement |
MOIC | Monitoring Offers in Compromise |
NC | Name Control: Consists of the first four characters of the taxpayer's last name, or the first four characters of the business entity name. |
NFTL | Notice of Federal Tax Lien |
NMF | Non-Master File. A file including records of accounts for which manual procedures must be maintained |
NMFL | Non-Master File Liability |
NQRS | National Quality Review System |
NSIA | Non-Streamlined Installment Agreement |
NTA | National Taxpayer Advocate: Directs TAS. |
OIC | Offer in Compromise: A proposal for settlement of tax liability for an amount less than that previously assessed (or unassessed) or a liability for specific penalties assessed (or unassessed) |
OOB | Out of Business |
Online Payment Agreement | |
OTC | Office of Taxpayer Correspondence |
OUO | Official Use Only |
PA | Payment Arrangement: An Installment Agreement granted by a Private Collection Agency |
Private Collection Agency | |
PDC | Private Debt Collection |
PDIA | Payroll Deduction Installment Agreement |
P&I | Penalty & Interest |
POA | Power of Attorney |
POD | Post of Duty |
PPIA | Partial Pay Installment Agreement |
RAIVS | Return and Income Verification |
RBA | Restitution-Based Assessment |
RC | Reason Code |
RN | Reference Number: Explains why penalty is assessed (aka Reference Code). |
RO | Revenue Officer |
RSED | Refund Statute Expiration Date |
RSI | Review Suppress Indicator |
SB/SE | Small Business/Self Employed Division |
SCP | Special Compliance Personnel |
SCRA | Servicemember's Civil Relief Act |
SERP | Servicewide Electronic Research Program |
SFR | Substitute for Return |
SIA | Streamlined Installment Agreement |
SRP | Shared Responsibility Payment |
SSA | Social Security Administration |
SSN | Social Security Number |
ST | Status |
TAC | Taxpayer Assistance Center |
TAS | Taxpayer Advocate Service: An independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should. |
TC | Transaction Code |
TCE | Tax Counseling for the Elderly |
TDA | Taxpayer Delinquent Account |
TDI | Taxpayer Delinquency Investigation |
TDS | Transcript Delivery System |
TFRP | Trust Fund Recovery Penalty |
TIF | Taxpayer Information File |
TIGTA | Treasury Inspector General for Tax Administration |
TIN | Taxpayer Identification Number: Every taxpayer has a permanent number for identification of their account. The EIN identifies taxpayers on the BMF. The SSN is used as the account number of individual taxpayers on the IMF. |
TO | Territory Office |
TPI | Total Positive Income |
TRIS | Telephone Routing Interactive System |
UD | Undeliverable Mail |
UF (Code) | User Fee |
UNAX | Unauthorized Access |
VBD | Voice Balance Due: an interactive voice response application that allows taxpayers to set up or revise a payment plan via telephone. |
VITA | Volunteer Income Tax Assistance |
W&I | Wage and Investment Division |
WOEA | Warning of Enforcement Action |
Command Codes for IRM 5.19.1
(1) The following table lists the various IDRS Command Codes (CC) used in the Balance Due process and used throughout this IRM:
Command Code | Purpose |
---|---|
ASGNB and ASGNI | These CCs have five functions used with accounts present on the Taxpayer Information File (TIF); for additional information, see IRM 2.4.27, Command Code ASGNI/ASGNB formerly TSIGN. These functions include:
|
CC BNCHG updates taxpayer entity information; for additional information, see IRM 2.4.9, Command Codes ENREQ, INCHG, IRCHG, BNCHG and BRCHG. | |
This CC is a terminal response displaying BMF return information and Numerical List of Section Titles for IDRS Terminal Responses; for additional information. See IRM 2.3.57, Command Code BRTVU. | |
DOALL | CC DOALL allows one to initiate one or more actions on an account; for additional information, see IRM 2.4.34, Command Code DOALL. |
This CC provides the name, address and other entity information from input of the taxpayer identification number (TIN); for additional information, see IRM 2.3.15, Command Code ENMOD. | |
A CC with a blank definer is keyed in after a response to CC ENMOD indicates that the entry is on file. CC with definer R is keyed in after response to CC ENMOD indicates the entry is on the filer; for additional information, see IRM 2.4.9, Command Codes ENREQ, INCHG, IRCHG, BNCHG and BRCHG. | |
Command Code ERINV is used to research a DLN or TIN on the ERS Control File. See IRM 21.4.1.4.1.2.5, Researching Rejected Returns with Command Code (CC) ERINV. | |
These CCs are used for IA processing; for additional information, see IRM 2.4.30, Command Codes IAGRE, IAORG, IAPND, IAREV, IADFL, and IADIS. | |
Individual Master File On-Line; for additional information, see IRM 2.3.51, Command Code IMFOL. | |
See CC ENREQ CCs above for information on this CC. | |
This CC is used as a research tool to display the entity information on the National Account Profile (NAP); the NAP includes extensive MF entity information for all taxpayers on the IMF, BMF (Social Security Number (SSN) and Employer Identification Number (EIN)), and Employee Plan Master File (EPMF). There is also Social Security data (DM-1) and spouse cross-reference data; for additional information, see IRM 2.3.47, Command Codes INOLE, EOGEN, and SPARQ. CC INOLE displays MF entity data for a specific TIN. | |
IRCHG | See CC ENREQ information above. |
CC IRPTR, with W as a definer, explaining the action, allows users to request online or hardcopy Information Returns Processing (IRP) transcripts from the Information Returns Master File (IRMF); for additional information, see IRM 2.3.35, Command Code IRPTR. | |
LEVY | A series of CCs used to research (CC LEVYS), update (CC LEVYE), and delete (CC LEVYD) levy sources from IDRS; for additional information, see IRM 2.4.31, Command Code LEVY. |
A CC used to request a format to input a transaction on Form 3177, Notice of Action for Entry on the Master Files/IDRS, or a related document; for additional information, see IRM 2.4.19, Command Codes REQ77, FRM77 and FRM7A. | |
A CC providing a display of line items transcribed from the Form 1040 series, and accompanying schedules and/or forms, as the returns are processed at the campuses; for additional information: See Document 6209, IRS Processing Codes and Information. | |
A CC used to delay collection activity; for additional information, see IRM 2.4.28, Command Codes STAUP, STATI and STATB. | |
A CC for research on IDRS for all MF accounts; for additional information, see IRM 2.3.11, Command Codes TXMOD and SUMRY. | |
TELEA, TELEC, TELED, and TELER | A CC used to change telephone number information on the TIF; for additional information, see IRM 2.4.29, Command Codes TELEA, TELEC, TELED and TELER for Telephone Processing. |
TSIGN | See CC ASGNI/CC ASGNB above. |
See CC SUMRY above. |
ACS Call Flow
(1) The ACS Call Flow is designed to provide a framework for efficiently answering common ACS calls. It is divided into six sections (Opening/Disclosure, Account Research, Balance Due Resolution, Taxpayer Can Pay, Taxpayer Cannot Pay, Closing Actions) for improved readability.
Caution: It is not intended to provide exhaustive procedural guidance or address every situation that you may encounter. See the Electronic Automated Collection System Guide (e-ACSG) to assist you in addressing compliance issues. The IAT Compliance Suite is highly recommended to assist in IDRS research/inputs and determining correct case resolutions.
(2) ACS employees taking incoming phone calls must use the following call flow:
Opening/Disclosure:
Greet the caller and identify yourself. Disconnect if the caller does not respond within 30 seconds or if a connection service is being used.
Use the Over-the-Phone Interpretation (OPI) service for callers speaking languages other than Spanish.
Ask for the purpose of the call and determine if it involves a personal or business account.
IRM 5.19.5.4.12, Telephone Techniques and Communication Skills
IRM 21.1.1.8.1, Lucy Phone/Fast Customer
IRM 5.19.1.3.4.1 , Multilingual Services
IRM 5.19.1.3 , Referrals or Redirect
If necessary, target the caller's response by paraphrasing to ensure you understand the issue, but avoid discussing it in detail until you have accessed and reviewed the account.
Follow IRM procedures to transfer or refer the following calls when:
The call is not regarding a balance due or missing return.
A Spanish speaking representative is needed.
The call involves an EIN and you are not BMF trained.
The call is from an International taxpayer living abroad.
The caller asks about passport certification.
The caller is authorized on Form 8821, Taxpayer Information Authorization.
IRM 5.19.19.1.2.1(9), General Information
IRM 5.19.25.12(2), Passport Program/Taxpayer Contacts
IRM 5.19.1.2.3.1 , Instructions for Form 8821, Taxpayer Information Authorization
IRM 5.19.1.3 , Referrals or Redirect
Inform the caller you need to ask some questions to verify their identity.
Ask for the TIN and ask all required disclosure probes.
If you are speaking to a third party who is not authorized to resolve the case, follow the relevant IRM procedures and go to Closing Actions below.
Ask for the best contact number.
IRM 5.19.1.2.3 , Disclosure Overview: Verifying Identity of Contact Party
IRM 5.19.1.4.2 , Taxpayer Information
Account Research:
If you must place the caller on hold while you do research, provide the reason, ask for permission, and wait for a response.
Give the caller a promised wait time of no more than five minutes and return within that time frame.
Repeat for any subsequent holds.
IRM 5.19.5.4.12(11), Telephone Techniques and Communication Skills
Research the status of all modules, including cross-reference accounts.
Determine the extent to which you are authorized to work the case. If the case is beyond the scope of your training (e.g., ST 22 or related BMF issues) go to Closing Actions below and transfer to the appropriate extension.
If you need to transfer or refer a caller because the case is assigned to another function or it exceeds your authority, take any actions required by the IRM and go to Closing Actions.
Reminder: Access ACSWeb to determine if a ST 22 or TDI- ST 03 case, including any cross-reference accounts, is assigned to SCP. If ACSWeb is not available, research CC: TXMOD for an unreversed TC 971 AC 470.
Note: If the case is assigned to PDC, complete a Full Compliance Check and Cause and Cure as required. Follow IRM procedures to address non-PDC modules.
Review AMS history. If extensive history is available, target the last six months.
IAT Compliance Suite
Document 6209
Exhibit 5.19.1-2 , Command Codes for IRM 5.19.1
IRM 5.19.1.2.6 , Case Processing Authority Levels
IRM 5.19.1.3 , Referrals or Redirect.
IRM 5.19.1.4.1 , Account Actions on Referral/Redirects.
IRM 5.19.1.5.22 , Special Compliance Personnel (SCP) Program
IRM 5.19.1.5.21 , Private Debt Collection
Complete a Full Compliance Check if not done in the past 30 days.
Follow IRM procedures to determine if the taxpayer must file any delinquent returns.
Note: If the taxpayer has requested an IA, determine if they are eligible for Express FCC before requesting any returns.
Determine the cause of any balance due or return delinquency and educate the taxpayer on how they can avoid future non-compliance.
Exception: Cause and Cure is not required if the taxpayer corrected the problem, and the current year is full paid or if Cause and Cure was previously documented and there are no new liabilities.
IRM 5.19.1.4.4.1 , Full Compliance Check
IRM 5.19.2.6.4.6, IMF-Determining Liability
IRM 5.19.22.5.3.1, BMF Response with No Returns
IRM 5.19.1.4.4.1.1 , Express Filing Compliance Check
IRM 5.19.1.4.4.2 , Balance Due Taxpayer Education (Cause and Cure)
Balance Due Resolution:
Inform the taxpayer of their current balance. Ask how they intend to resolve the balance if they have not already told you. Explain the benefits of paying as soon as possible to reduce penalty and interest.
If the taxpayer questions the liability, follow applicable IRM procedures to address the concern. If you need to allow time for the issue to be resolved, or if you resolve the balance in full through an adjustment or credit transfer, go to Closing Actions.
If the taxpayer indicates they can full pay or make payments, go to Taxpayer Can Pay. If they indicate they cannot pay, go to Taxpayer Cannot Pay. If they want to file an OIC or refuse to pay, follow IRM procedures and go to Closing Actions.
Note: If the taxpayer requests an OIC and you have not been trained in financial analysis, transfer the call to the appropriate extension.
IRM 5.19.1.6 , Methods of Payment
IRM 5.19.1.4.3 , Determine Correct Tax Liability
IRM 5.19.1.5.2.1.1 , Insolvency Debt - Discharged, Written Off or Forgiven
IRM 5.19.17.3, Offer in Compromise (OIC) Procedures
IRM 5.19.1.6.1 , Taxpayer Refuses to Pay
Taxpayer Can Pay:
If an IMF or BMF non-trust fund taxpayer agrees to full pay now or within 180 days, follow IRM procedures and go to Closing Actions.
If the taxpayer requests an IA and is not in filing compliance, inform them an IA cannot be considered until the required returns have been received. Follow IRM procedures and go to Closing Actions.
IRM 5.19.1.6.2 , Can Full Pay Balance Due Now (Payoff)
IRM 5.19.1.6.3 , Short Term Payment Plan Within 180 Days
IRM 5.19.1.6.4.7.1 , Requests Not Meeting Pending IA Criteria
IRM 5.19.1.6.4.2 (10), IA Requirements IBTF Express Agreement
Determine if an IMF account meets OPA criteria.
Refer a taxpayer (but not a POA) to OPA if they appear to qualify and agree to use it.
If the taxpayer previously attempted to use OPA but was unsuccessful, determine the reason and if they should be referred again.
If the taxpayer is referred to OPA, follow IRM procedures and go to Closing Actions.
Exhibit 5.19.1-12 , OPA Referral Criteria
IRM 5.19.1.6.8.3 , Referring Taxpayers to OPA
IRM 5.19.1.6.8.3.1 , Taxpayer Problems with OPA
Determine the type of IA the taxpayer qualifies for.
If you determine that an IA type for which you are not trained is required, go to Closing Actions and transfer the call to the appropriate extension.
Reminder: Include related accounts (IMF/IMF or IMF/BMF) in one IA.
Reminder: Secure written authorization for a DDIA prior to establishing an IBTF Express IA with an AAB between $10,000 and $25,000
Reminder: Secure written authorization for a DDIA or PDIA prior to establishing a Streamlined IA with an AAB between $25,000 and $50,000 when the taxpayer wants to avoid lien filing.
If an IA (or CNC if applicable) is granted or forwarded for approval, or if additional actions are required, follow IRM procedures and go to Closing Actions.
IRM 5.19.1.2.6, Case Processing Authority Levels
IRM 5.19.1.2.6.3.1 , Installment Agreements - All Employees
IRM 5.19.1.2.6.3.4 , Installment Agreements - ACS and ACSS Employees
IRM 5.19.1.6.4.4, IMF/BMF Related Accounts
IRM 5.19.1.6.4.16 ,IA Terms and Conditions
Taxpayer Cannot Pay:
Determine if Deferral or Exception CNC criteria is met, or if a new balance can be closed based on prior CNC. If so, follow IRM procedures and go to Closing Actions.
Inform the taxpayer you need to take financial information to determine their ability to pay.
If you are not trained in financial analysis, go to Closing Actions and transfer the call to the appropriate extension.
If CNC (or an IA, if applicable) is granted or forwarded for approval, or if additional actions are required, follow IRM procedures and go to Closing Actions.
IRM 5.19.17.2, Currently Not Collectible (CNC) Procedures
IRM 5.19.13, Campus Procedures for Securing Financial Information
IRM 5.19.1.2(11), Balance Due Overview
Closing Actions:
Take the following actions if applicable:
Make a levy release determination.
Give a WOEA.
Enter required ACS history codes and/or IDRS inputs.
Address any other issues the caller may have.
Generate a Transfer PIN if transferring the call to an application that accepts it and a TIN is secured.
Document case actions on AMS, using a checklist or by adding an issue and narrative.
Briefly recap the conversation and end or transfer the call.
IRM 5.19.4.4.10, Levy Release: General Information
IRM 5.19.18.5.10(6), Telephone Contact Procedures (for FERDI full pays and short-term plans)
IRM 5.19.1.7, Warning of Enforcement Action and Enforced Collection
IRM 5.19.1.3.5 , For Other Account Issues Requiring Referrals or Redirect
IRM 5.19.1.2.3.3 , Transfer Personal Identification Number (PIN) Generation)
IRM 5.19.1.2.4, Documenting Account Actions
Suggested Questions/Statements | Corresponding Research/Actions | References |
---|---|---|
"Thank you for calling the IRS. This is {state name}. My ID number is _______." | ||
"Are you calling about a balance due or missing return for an individual or business account?" If no, transfer call. | ||
"I need to ask you a few questions to verify your identity" |
Suggested Questions/Statements | Corresponding Research/Actions | References |
---|---|---|
"May I place you on hold for no more than 5 minutes while I research your account?" | ||
"I'm sorry, but I'm not trained to handle your case. I can transfer you to a representative who can assist you." | ||
"Our records indicate we have not received your tax return for YYYY. I need to ask some questions to determine if you have to file the return." |
Suggested Questions/Statements | Corresponding Research/Actions | References |
---|---|---|
"I show a balance due of $nnn.nn for tax year(s) YYYY. Paying it off as soon as possible will reduce the amount of interest and penalty." |
Suggested Questions/Statements | Corresponding Research/Actions | References |
---|---|---|
"If you full pay your agreement now or within 180 days, you will avoid the one-time user fee we charge for an installment agreement." | ||
"It appears you are eligible to set up an installment agreement online at our web site. This is to your benefit as the one-time fee we charge to establish an agreement is lower. Would you like me to explain how to do this?" | ||
"Please mail Form 433-D by MM/DD/YYYY so we can establish your agreement and avoid filing tax liens." |
Suggested Questions/Statements | Corresponding Research/Actions | References |
---|---|---|
"Based on your circumstances, we can temporarily delay collection of the balance until your financial situation improves." |
Suggested Questions/Statements | Corresponding Research/Actions | References |
---|---|---|
"I agree to release all but $nnn.nn from your bank levy. Do you have a fax number for the bank?" | Reminder: You must verbally inform the taxpayer of any IA user fee. Reminder: It is not necessary to verbally inform the taxpayer of the terms and conditions of an IA, CNC, or OIC when issuing a confirmation letter (or Letter 278C for OIC). |
IDRS Input of Short Term Payment Plans, 180 Days or Less, CC IAORG for ACS/ACSS/CSCO/FA
(1) When inputting a Short Term Payment Plan within 180 days on an account for which there is no prior IA or Short Term Payment Plan within 180-day information on IDRS, CC IAGRE defaults to CC IAORG. Use the template and instructions below for correct input of Short Term Payment Plans within 180 days, or refer to Exhibit 2.4.30-3, Command Code IAORG.
AGREEMENT LOCATOR NO: ALN. Enter "9999".
AGREED BALANCE DUE: Auto-populated; no action necessary.
ZIP CD: Leave blank.
LETTER IND: Enter "N"; no systemic letter generates.
Note: Always use CC LETER to send confirmation Letter 681C, Proposal to Pay Later Accepted, manually.
PMT AMTS: Payment Amounts. Enter the full pay amount, per CC INTST, or the AMS Full Pay Calculator, in the first payment field. Leave the second and third payment amounts blank.
USER FEE CD: User Fee Code. For the correct user fee code; See Exhibit 5.19.1-11, IA User Fee Codes.
Note: Remember, Short Term Payment Plans are not IAs; therefore, these taxpayers are not liable for a user fee.
USER FEE PAID: Enter "W".
PAYMENT DATE: Enter the date the payment is due.
Note: Only "01" - "28" are valid dates. If the payment due date is the 29th through the 31st day of the month, enter "01".
ORIGINATOR CODE: Required entry. For the correct originator code; See Exhibit 5.19.1-10, IA Originator Codes.
PPIA IND: PPIA Indicator. Enter "0".
RUFI: Reduced User Fee Indicator (RUFI). Auto-populated; no action necessary. This field identifies whether the taxpayer qualifies for a waiver or reimbursement of the Reduced Use Fee Origination Amount. As of January 2008, taxpayers meeting the established low-income criteria are identified systemically. These taxpayers are identified by a Low-Income Indicator (LII) of 1 on CC ENMOD.
Note: Remember, Short Term Payment Plans are not IAs; therefore, these taxpayers are not liable for a user fee.
PAYMENT DUE CYCLES: Identifies the cycle the payment is due.
Determine the cycle of the actual full pay date.
Note: If using "01" for the Payment Date, because the true payment date is the 29th through the 31st of the month, enter the cycle in which the first of the next month falls.
Enter this cycle for the first payment due cycle. Do not exceed 26 cycles from the current cycle.
Leave the second and third payment due cycles blank.
UTMEP/REIM USER FEE: Leave blank; not applicable for Short Term Payment Plan. (New field available 01/2019.)
AGREEMENT REVIEW DATE: Identifies the date the agreement will be reviewed. Leave blank; IDRS will determine the correct review date.
AGREEMENT ACCEPTANCE DATE: Current date is generated; no change is necessary.
ASSESS IND: Assessment Indicator. Indicates whether or not a new assessment will suspend the agreement.
AGRD SKP: Agreed Skip. Indicates whether or not the taxpayer can skip a payment. Enter "0". No skip is permitted on Short Term Payment Plans.
REMIND SUP: Suppress Reminder Notice indicator. Indicates whether or not the reminder notice should be suppressed. Enter "1".
REVIEW SUP: Review Suppression. Used to suppress the future review of the IA as described in item "13" above. Enter "1".
DFLT SUP: Default Notice Suppression. Indicates whether or not the default notice should be suppressed. Enter "1".
If ... | Then ... |
---|---|
An anticipated assessment, such as Examination, AUR, or a current year return not yet posted, posts to IDRS within ten weeks for unassessed modules | Enter "1" Note: If entering "1", enter a history item on AMS recording pre-assessed modules and their balances to be included in the agreement |
There are no anticipated assessments | Enter "0" |
IDRS Input of Short Term Payment Plans, 180 Days or Less, CC IAREV for ACS/ACSS/CSCO/FA
(1) When inputting a Short Term Payment Plan within 180 days agreement on an account for which there is prior IA or Short Term Payment Plan within 180 days information on IDRS, CC IAGRE defaults to CC IAREV. Use the template and instructions below for correct input of Short Term Payment Plans within 180 days, or refer to the Exhibit 2.4.30-5, Command Code IAREV.
REVIEW ACTION: Enter "1"
AGREEMENT LOCATOR NO: ALN. Enter "9999"
AGREED BALANCE DUE: Auto-populated; no action necessary.
ZIP CD: Leave blank
LETTER IND: Enter "N"; no systemic letter generates
Note: Always use CC LETER to send confirmation Letter 681C, Proposal to Pay Later Accepted, manually.
PMT AMTS:
Use CC INTST or the AMS Full Pay Calculator to compute the payoff amount to the full pay date.
Enter the payoff amount (including any applicable user fee amount) in the first payment amount field.
Leave the second and third payment amount fields blank.
Enter $25.00 in the first payment amount field.
Use CC INTST or the AMS Full Pay Calculator to compute the payoff amount to the full pay date.
Enter the payoff amount (including any applicable user fee amount) in the second payment amount field.
Leave the third payment amount field blank.
USER FEE CD: User Fee Code. For the correct user fee code, see Exhibit 5.19.1-11, IA User Fee Codes.
Note: Remember, Short Term Payment Plans are not IAs; therefore, these taxpayers are not liable for a user fee.
Exception: If the account is ST 6X, and the required user fee is not yet paid, see IRM 5.19.1.6.4.19(8), Revision/Reinstatement of IAs
USER FEE PAID: Enter "W".
PAYMENT DATE: Enter the date the payment is due
Note: Only "01" - "28" are valid dates. If the payment due date is the 29th through the 31st day of the month, enter "01".
ORIGINATOR CODE: Identifies the originator of the agreement.
PPIA IND: PPIA Indicator. Enter "0"
RUFI: Reduced User Fee Indicator (RUFI). Auto-populated; no action necessary. Identifies whether the taxpayer qualifies for a waiver or reimbursement of the Reduced User Fee Origination Amount. As of January 2008, taxpayers meeting the established low-income criteria are identified systemically. These taxpayers can be identified on:
PAYMENT DUE CYCLES: Identifies the cycle the payment is due.
Determine the cycle of the actual full pay date.
Enter this cycle for the first payment due cycle.
Leave the second and third payment due cycles blank.
Determine the cycle of the actual full pay date, up to a maximum of 26 cycles.
If full payment is due:
In 71 through 98 days, subtract 4 cycles.
In 99 through 120 days, subtract 8 cycles.
In 121 through 150 days, subtract 12 cycles.
In 151 through 180 days, subtract 16 cycles.
Enter result as the first payment due cycle.
Enter the cycle of the actual full pay date as the second payment due cycle. Do not exceed 26 cycles from the current cycle.
Leave the third payment due cycle blank.
UTMEP/REIM USER FEE: Leave blank; not applicable for Short Term Payment Plan. (New field available 01/2019.)
AGREEMENT REVIEW DATE: Identifies the date the agreement will be reviewed. Leave blank; IDRS will determine the correct review date.
AGREEMENT ACCEPTANCE: Current date is generated; no change is necessary.
ASSESS IND: Assessment Indicator. Indicates whether or not a new assessment will suspend the agreement.
AGRD SKP: Indicates whether or not the taxpayer can skip a payment. Enter "0". No skip is permitted on Short Term Payment Plans.
REMIND SUP: Suppress Reminder Notice indicator. Indicates whether or not the reminder notice should be suppressed. Enter "1".
REVIEW SUP: Review Suppression. Used to suppress the future review of the IA as described in item "14" above. Enter "1".
DFLT SUP: Default Notice Suppression. Indicates whether or not the default notice should be suppressed. Enter "1".
If ... | Then ... |
---|---|
Full payment is due between 60 and 70 days | |
Full payment is due between 71 and 180 days |
If ... | Then ... |
---|---|
Any module is in ST 6X | No action necessary. |
No module is in ST 6X | Input the appropriate Originator Code. For the correct originator code; see Exhibit 5.19.1-10, IA Originator Codes. |
Note: IDRS will not allow any entry in this field if any module is in ST 6X. IDRS will allow an entry in the field if no modules are in ST 6X and a new agreement is being entered.
Note: Remember, Short Term Payment Plans are not IAs; therefore, these taxpayers are not liable for a user fee.
If ... | Then ... |
---|---|
Full payment is due between 60 and 70 days | Note: If using "01" for the Payment Date, because the true payment date is the 29th through the 31st of the month, enter the cycle in which the first of the next month falls. |
Full payment is due between 71 and 180 days | Note: If using "01" for the Payment Date, because the true payment date is the 29th through the 31st of the month, enter the cycle in which the first of the next month falls. |
If ... | Then ... |
---|---|
An anticipated assessment, such as Examination, AUR or a current year return not yet posted, will post to IDRS within ten weeks for unassessed modules | Enter "1" Note: If entering "1", enter a history item on AMS recording unassessed modules and their balances to be included in the agreement |
There are no anticipated assessments | Enter "0" |
Exception: If the payoff date is more than 10 weeks from the current cycle, enter "1". This will allow a skip of the first payment(s) of $25.00.
IDRS Input of IAs, CC IAORG
(1) When inputting an IA on an account for which there is no prior IA or Short Term Payment Plan within 180 days information on IDRS, CC IAGRE defaults to CC IAORG. Use the template and instructions below for correct input of IAs, or refer to Exhibit 2.4.30-3, Command Code IAORG.
AGREEMENT LOCATOR NO: ALN. For the correct ALN, see Exhibit 5.19.1-9, ALNs.
AGREED BALANCE DUE: Auto-populated; no action necessary.
ZIP CD: ZIP Code. Identifies taxpayer's ZIP Code.
LETTER IND: Indicates whether or not Letter 3217C, Installment Agreement Accepted; Terms Explained, should generate through input of CC IAORG.
PMT AMTS: Payment Amounts. Enter the monthly payment amount in the first field; use the second and third payment amounts for IAs with scheduled increased or decreased payment amounts.
USER FEE CD: User Fee Code. For the correct user fee code, see Exhibit 5.19.1-11, IA User Fee Codes.
USER FEE PAID: For the correct user fee paid code, see Exhibit 5.19.1-11, IA User Fee Codes.
PAYMENT DATE: Enter the day of each month payments are due
ORIGINATOR CODE: Required entry. For the correct originator code, see Exhibit 5.19.1-10, IA Originator Codes.
PPIA IND: PPIA Indicator.
RUFI: Reduced User Fee Indicator (RUFI). Auto-populated; no action necessary. Identifies whether the taxpayer qualifies for a waiver or reimbursement of the Reduced Use Fee Origination Amount. As of January 2008, taxpayers meeting the established low-income criteria are identified systemically. These taxpayers are identified by a Low-Income Indicator (LII) of 1 on CC ENMOD.
PAYMENT DUE CYCLES: Identifies the cycle the payment is due. The first payment due cycle must be present; enter at least 5 - 9 cycles from current cycle. If multiple payment amounts apply in Item "5" above, enter the second and third payment cycles as appropriate.
UTMEP/REIM USER FEE: Identifies whether a low-income taxpayer, as defined in Section 6159(f), has self-identified as unable to make electronic payments through a debit instrument by entering into a DDIA. Indicates taxpayer’s eligibility for reimbursement of the user fee after completion of the IA. (New field available 1/2019.)
Reminder: This field will only allow an entry if the IA Acceptance Date is 4/10/2018 or later, RUFI = "1", and EFT = "0". This field will not update if the RUFI = "0", or EFT = "1".
"Y" - Taxpayer has self-identified as unable to make electronic payments through a debit instrument by entering into a DDIA. Taxpayer will be eligible for reimbursement of the user fee upon completion of their IA.
"N" - Taxpayer is able to make electronic payments through a debit instrument by entering into a DDIA, but is choosing not to. (Taxpayer did not self-identify when provided the opportunity.) The IRS has interpreted new section 6159(f) to require that a taxpayer self-identify to qualify for a reimbursement of the reduced user fee(s).
Leave blank if the taxpayer was not provided the opportunity to self-identify.
Note: See IRM 5.19.1.6.4.6.4(6), Reimbursement of User Fee for Qualifying Low-Income Taxpayers, for more information.
AGREEMENT REVIEW DATE: Identifies the date the IA will be reviewed.
AGREEMENT ACCEPTANCE DATE: Current date is generated. Identifies the date the IA was accepted. This is the date the computer uses to determine any failure to pay penalty rate.
ASSESS IND: Assessment Indicator. Indicates whether or not a new assessment will suspend the IA.
AGRD SKP: Agreed Skip. Indicates whether or not the taxpayer can skip a payment.
REMIND SUP: Suppress Reminder Notice indicator. Indicates whether or not the reminder notice should be suppressed.
REVIEW SUP: Review Suppression. Used to suppress the future review of the IA as described in item "13" above; enter as follows:
DFLT SUP: Default Notice Suppression. Indicates whether or not the default notice should be suppressed.
CR TIN: Cross-Reference TIN. If the IA includes one or more cross-referenced accounts, enter the cross-reference TIN(s)
NC: Cross-Reference NC. If the IA includes one or more cross-referenced accounts, enter its NC
ASSESS IND: Cross-Reference Assessment Indicator. Leave blank.
Note: In order to use the cross-reference assessment indicator, the cross-reference must include at least one assessed module. If the cross-reference account does not include any assessed modules, IDRS will not allow entries in "21"-"23". If pre-assessed or unassessed modules under a cross-referenced TIN(s) are to be included in the IA, enter a history item on AMS showing the account(s), module(s) and balance(s) to be included in the IA.
EFT IND: EFT Indicator. Used for DDIA’s. Indicates whether or not the EFT is in effect. Input "1" to turn on the request to the bank.
PAYEE PRIM NAME: Payee Primary Name Line. Enter an employer/levy source name if a PDIA or CTLV
PAYEE CONT NAME: Payee Name Continued. Continue the employer/levy source name here, if needed.
PAYEE CARE OF NAME: Payee Care Of Name. Enter a "care of" name if a PDIA or CTLV, if needed.
PAYEE STREET: Payee Street Address. Enter the employer/levy source street address, if a PDIA or CTLV.
PAYEE CITY ST ZIP: Payee City, State and ZIP Code. Enter the employer/levy source city, state, and ZIP Code, if a PDIA or CTLV.
Note: Leave no spaces in this field.
If ... | Then ... |
---|---|
Sending a systemic IA confirmation letter | Enter the taxpayer's five digit ZIP Code |
Not sending a systemic IA confirmation letter | Leave blank. |
If ... | Then ... |
---|---|
Sending an English systemic IA confirmation letter | Enter "E" |
Sending a Spanish systemic IA confirmation letter | Enter "S" |
Not sending a systemic IA confirmation letter | Enter "N" Note: "N" will not generate a systemic letter. If the IA has issues not addressed by the Letter 3217C, Installment Agreement Accepted; Terms Explained, send Letter 2273C, Installment Agreement Accepted - Terms Explained, (or other appropriate letter). See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines. Note: Always input an "N" when inputting a CTLV. No letter is necessary. |
Note: Only "01" - "28" are valid dates.
If ... | Then ... |
---|---|
A PPIA | Enter "2" |
Not a PPIA | Leave blank |
If ... | Then ... |
---|---|
IA, | Leave blank; the correct review cycle will be generated. |
PPIA, | Enter 104 cycles from the current cycle. |
If ... | Then ... |
---|---|
The agreement is immediately input upon acceptance, | No change to the generated date is necessary. |
The agreement is NOT immediately input upon acceptance, Example: The agreement is accepted, but sent to another location for input | Change to the agreement acceptance date (cannot be greater than current date, or more than six months prior to current date); Format is YYYYMMDD |
Note: The agreement acceptance date is not necessarily the date the request was received from the taxpayer; it is the date you have all information needed and make the determination the request is acceptable.
If ... | Then ... |
---|---|
An anticipated assessment, such as Examination, AUR or a current year return not yet posted, posts to IDRS within ten weeks for unassessed modules | Enter "1" Note: When entering "1", enter a history item on AMS recording unassessed modules and their balances to be included in the IA |
There are no anticipated assessments | Enter "0" |
If ... | Then ... |
---|---|
A CTLV or PDIA | Enter "0" |
Not a CTLV or PDIA | Leave blank |
If ... | Then ... |
---|---|
A CTLV | Enter "1" |
Not a CTLV | Leave blank |
If ... | Then ... |
---|---|
A BMF PPIA | Enter "6" |
An IMF PPIA | Enter "5" |
Not a PPIA | Enter "1" |
If ... | Then ... |
---|---|
A CTLV | Enter "1" |
Not a CTLV | Leave blank |
Note: DO NOT input the EFT codes unless you are authorized to use these CCs. Only ACS, ACSS, CSCO and CCP employees input DDIAs.
IDRS Input of IAs, CC IAREV
(1) When inputting an IA on an account for which there is prior IA or Short Term Payment Plan within 180 days information on IDRS, CC IAGRE defaults to CC IAREV. Use the template and instructions below for correct input of IAs, or refer to the Exhibit 2.4.30-5, Command Code IAREV.
REVIEW ACTION: Enter "1"
AGREEMENT LOCATOR NO: ALN. This field will display the ALN per the most recent update. Be sure to update this field with the correct ALN. For the correct ALN, see Exhibit 5.19.1-9, ALNs.
AGREED BALANCE DUE: Auto-populated; no action necessary.
ZIP CD: Identifies the taxpayer’s ZIP Code.
LETTER IND: Indicates whether or not Letter 3217C, Installment Agreement Accepted; Terms Explained, should generate through input of CC IAREV.
PMT AMTS: Payment Amounts. Enter the monthly payment amount in the first field; use the second and third payment amounts for IAs with scheduled increased or decreased payment amounts.
USER FEE CD: User Fee Code. For the correct user fee code, see Exhibit 5.19.1-11, IA User Fee Codes.
USER FEE PAID: For the correct user fee paid code, see Exhibit 5.19.1-11, IA User Fee Codes.
PAYMENT DATE: Enter the day of the month payments are due
Note: Only "01" - "28" are valid dates.
ORIGINATOR CODE: Identifies the originator of the IA.
PPIA IND: PPIA Indicator.
RUFI: Reduced User Fee Indicator (RUFI). Auto-populated; no action necessary. Identifies whether the taxpayer qualifies for a waiver or reimbursement of the Reduced User Fee Origination Amount. As of January 2008, taxpayers meeting the established low-income criteria are identified systemically. These taxpayers can be identified on:
PAYMENT DUE CYCLES: Identifies the cycle the payment is due. The first payment due cycle must be present; enter at least 5 - 9 cycles from current cycle. If multiple payment amounts apply in Item "6" above, enter the second and third payment cycles as appropriate.
UTMEP/REIM USER FEE: Identifies whether a low-income taxpayer, as defined in Section 6159(f), has self-identified as unable to make electronic payments through a debit instrument by entering into a DDIA. Indicates taxpayer’s eligibility for reimbursement of the user fee after completion of the IA. (New field available 1/2019.)
Reminder: This field will only allow an entry if the IA Acceptance Date is 4/10/2018 or later, RUFI = "1", and EFT = "0". This field will not update if the RUFI = "0", or EFT = "1".
"Y" - Taxpayer has self-identified as unable to make electronic payments through a debit instrument by entering into a DDIA. Taxpayer will be eligible for reimbursement of the user fee upon completion of their IA.
"N" - Taxpayer is able to make electronic payments through a debit instrument by entering into a DDIA, but is choosing not to. (Taxpayer did not self-identify when provided the opportunity.) The IRS has interpreted new section 6159(f) to require that a taxpayer self-identify to qualify for a reimbursement of the reduced user fee(s).
Leave blank if the taxpayer was not provided the opportunity to self-identify.
Note: See IRM 5.19.1.6.4.6.4(6), Reimbursement of User Fee for Qualifying Low-Income Taxpayers, for more information.
AGREEMENT REVIEW DATE: Identifies the date the IA will be reviewed.
New PPIA, or
Reinstated PPIA where a new financial statement was taken,
AGREEMENT ACCEPTANCE: Current date is generated. Identifies the date the IA was accepted. This is the date the computer uses to determine any failure to pay penalty rate.
ASSESS IND: Assessment Indicator. Indicates whether or not a new assessment will suspend the IA.
AGRD SKP: Agreed Skip. Indicates whether or not the taxpayer can skip a payment.
REMIND SUP: Suppress Reminder Notice indicator. Indicates whether or not the reminder notice should be suppressed.
REVIEW SUP: Review Suppression. Used to suppress the future review of the IA as described in item "14" above; enter as follows:
DFLT SUP: Default Notice Suppression. Indicates whether or not the default notice should be suppressed.
CR TIN: Cross-Reference TIN. If the IA includes one or more cross-referenced accounts, enter the cross-reference TIN(s).
NC: Cross-Reference NC. If the IA includes one or more cross-referenced accounts, enter its NC(s).
ASSESS IND: Cross-Reference Assessment Indicator. Leave blank.
Note: In order to use the cross-reference assessment indicator, the cross-reference must include at least one assessed module. If the cross-reference account does not include any assessed modules, IDRS will not allow entries in "22"-"24". If pre-assessed or unassessed modules under a cross-referenced TIN(s) are to be included in the IA, enter a history item on AMS showing the account(s), module(s) and balance(s) to be included in the IA.
EFT IND: EFT Indicator. Used for DDIA’s. Indicates whether or not the EFT is in effect. Input "1" to turn on the request to the bank.
PAYEE PRIM NAME: Payee Primary Name Line. Enter the employer/levy source name if a PDIA or CTLV.
PAYEE CONT NAME: Payee Name Continued. Continue the employer/levy source name here, if needed.
PAYEE CARE OF NAME: Payee Care Of Name. Enter a "care of" name if a PDIA or CTLV, if needed.
PAYEE STREET: Payee Street Address. Enter the employer/levy source street address if a PDIA or CTLV.
PAYEE CITY ST ZIP: Payee City, State and ZIP Code. Enter the employer/levy source city, state, and ZIP Code if a PDIA or CTLV.
Note: Leave no spaces in this field.
If ... | Then ... |
---|---|
Sending a systemic IA confirmation letter | Enter the taxpayer’s five digit ZIP Code |
Not sending a systemic IA confirmation letter | Leave blank |
If ... | Then ... |
---|---|
Sending an English systemic IA confirmation letter | Enter "E" |
Sending a Spanish systemic IA confirmation letter | Enter "S" |
Not sending a systemic IA confirmation letter | Enter "N" Note: "N" will not generate a systemic letter. If the IA has issues not addressed by the Letter 3217C, Installment Agreement Accepted; Terms Explained, send Letter 2273C, Installment Agreement Accepted - Terms Explained, (or other appropriate letter). See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines. Note: Always input an "N" when inputting a CTLV. No letter is necessary. |
Note: If the account was previously in ST 60 because of a request to Short Term Payment Plan and an IA is now being established, the taxpayer is liable for an Origination User Fee.
If ... | Then ... |
---|---|
Any module is in ST 6X | No action necessary |
No module is in ST 6X | Input the appropriate Originator Code. For the correct originator code, see Exhibit 5.19.1-10, IA Originator Codes. |
Note: IDRS will not allow any entry in this field if any module is in ST 6X. IDRS will allow an entry in the field if no modules are in ST 6X and a new IA is being entered.
If ... | Then ... |
---|---|
A PPIA | Enter "2" |
Not a PPIA | Enter "0" |
If ... | And ... | Then ... |
---|---|---|
IA, | Intentionally Left Blank | Leave blank; the correct review cycle will be generated. |
PPIA, | Enter 104 cycles from the current cycle. | |
PPIA, | Reinstated PPIA where an existing financial statement was used (and the current Agreement Review Date is within 104 cycles from the cycle the previous financial statement was taken), | No entry is required (leave existing review cycle). |
PPIA, | Reinstated PPIA where an existing financial statement was used (and the current Agreement Review Date is more than 104 cycles), | Enter 104 cycles from the cycle the previous financial statement was taken. |
If ... | Then ... |
---|---|
The IA is immediately input upon acceptance | No change to the generated date is necessary. |
The IA is not immediately input upon acceptance Example: The IA is accepted, but sent to another location for input | Change to the agreement acceptance date (cannot be greater than current date, or more than six months prior to current date); Format is YYYYMMDD |
Note: The agreement acceptance date is not necessarily the date the request was received from the taxpayer; it is the date you have all information needed and make the determination the request is acceptable.
Note: If the IA is erroneously defaulted, ensure the original acceptance date is entered here.
Note: If adding a new liability to a current IA, the agreement acceptance date should not be changed.
If ... | Then ... |
---|---|
An anticipated assessment, such as Examination, AUR, or a current year return not yet posted, posts to IDRS within ten weeks for unassessed modules | Enter "1" Note: If entering "1", enter a history item on AMS recording unassessed modules and their balances to be included in the IA |
There are no anticipated assessments | Enter "0" |
If ... | And ... | Then ... |
---|---|---|
A CTLV, PDIA or the account is in ST 6X | The account is being reinstated | Enter "1" |
The account is in ST 6X and is being revised - but not adding new liability | The skip was used | Enter "0" |
The account is in ST 6X and is being revised - but not adding new liability | The skip was not used | Enter "1" |
The account is in ST 6X | is being revised - adding a new liability | Enter "1" |
The account is no longer in ST 6X | "This space intentionally left blank" | Enter "1" |
DDIA (03XX ALN) | The skip was used | Enter "1" |
The account was previously in ST 60 because of a request to Short Term Payment Plan | An IA is now being granted | Enter "1" |
If ... | Then ... |
---|---|
A CTLV | Enter "1" |
Not a CTLV | Enter "0" |
If ... | Then ... |
---|---|
A BMF PPIA | Enter "6" |
An IMF PPIA | Enter "5" |
Not a PPIA | Enter "1" |
If ... | Then ... |
---|---|
A CTLV | Enter "1" |
Not a CTLV | Enter "0" |
Note: Do not input the EFT codes unless you are authorized to use these CCs. Only ACS, ACSS, CSCO and CCP employees input DDIAs.
IDRS Input of Pre-Assessed IAs and Short Term Payment Plans
(1) When inputting an IA on an account for which there are no balance due assessments present on the TIF (i.e. when there is no account present or when there is a dummy), CC IAGRE defaults to CC IAPND. This CC does not allow the input of cross-reference accounts. Use the template and instructions below for correct input of IAs, or refer to the Exhibit 2.4.30-4, Command Code IAPND.
Note: If other assessed balance due modules are involved, refer to related information for input of IAs. See Exhibit 5.19.1-6, IDRS Input of IAs, CC IAORG, or Exhibit 5.19.1-7, IDRS Input of IAs, CC IAREV, whichever is appropriate.
REVIEW ACT: Only appears when pending IA data is already present on the account.
AGREEMENT LOCATOR NO: Enter the appropriate ALN for the IA. For additional information, see Exhibit 5.19.1-9, ALNs.
TXPYR ULCAO: Taxpayer's Universal Location Code, Area Office (ULCAO) Enter the taxpayer’s ULCAO. This identifies the location the taxpayer resides and is available on CC IMFOL definer E (See IRM 2.3.51, Command Code IMFOL) or BMFOL definer E (See IRM 2.3.59, Command Codes BMFOL and BMFOR). For additional information, see the Job Aid for Universal Location Code (ULC) and Area Office (AO).
MFT: Identifies the type of form being used. Enter the MFT for the earliest module included on the agreement.
TXPD: Tax Period (TXPRD): Identifies the tax period(s) to be included on the agreement. Enter the earliest tax period included on the agreement.
AGREED BALANCE DUE: Identifies the agreed balance due amount. Enter the balance due to be included on the agreement.
ZIP CD: ZIP Code Identifies the taxpayer’s ZIP Code.
LTR IND: Indicates whether or not Letter 2840C, CC IAPND, Installment Agreement Confirmation, should generate through input of CC IAPND.
Enter "N"
Use CC LETER, CC DOALL or the AMS TAC window to send a confirmation letter manually.
BOD PH: Identifies the last four digits of the BOD’s phone number to be included on Letter 2840C, CC IAPND, Installment Agreement Confirmation. Required entry if the LTR indicator value as described in "8" above is "Y".
PMT AMTS: Payment Amounts. Enter the payment amount in the first field. Use the second and third payment amount fields for IAs with scheduled increased or decreased payment amounts.
USER FEE CODE: Enter the User Fee Code, for the correct code, see Exhibit 5.19.1-11, IA User Fee Codes.
USER FEE PAID: Enter the User Fee Paid code, for the correct code, see Exhibit 5.19.1-11, IA User Fee Codes.
PAYMENT DATE: Enter the day of the month that payments are due.
Note: Only "01" - "28" are valid dates.
ORIGINATOR CODE: Identifies the originator of the IA.
RUFI: Reduced User Fee Indicator (RUFI). Auto-populated; no action necessary. Identifies whether the taxpayer qualifies for a waiver or reimbursement of the Reduced User Fee Origination Amount. As of January 2008, taxpayers meeting the established low-income criteria are identified systemically. These taxpayers can be identified on:
PAYMENT DUE CYCLES: Identifies the cycle the payment is due. The first payment due cycle must be present; the second and third cycles are optional.
UTMEP/REIM USER FEE: Identifies whether a low-income taxpayer, as defined in Section 6159(f), has self-identified as unable to make electronic payments through a debit instrument by entering into a DDIA. Indicates taxpayer’s eligibility for reimbursement of the user fee after completion of the IA. (New field available 1/2019.)
Reminder: This field will only allow an entry if the IA Acceptance Date is 4/10/2018 or later, RUFI = "1", and EFT = "0". This field will not update if the RUFI = "0", or EFT = "1".
"Y" - Taxpayer has self-identified as unable to make electronic payments through a debit instrument by entering into a DDIA. Taxpayer will be eligible for reimbursement of the user fee upon completion of their IA.
"N" - Taxpayer is able to make electronic payments through a debit instrument by entering into a DDIA, but is choosing not to. (Taxpayer did not self-identify when provided the opportunity.) The IRS has interpreted new section 6159(f) to require that a taxpayer self-identify to qualify for a reimbursement of the reduced user fee(s).
Leave blank if the taxpayer was not provided the opportunity to self-identify.
Note: See IRM 5.19.1.6.4.6.4(6), Reimbursement of User Fee for Qualifying Low-Income Taxpayers, for more information.
Exception: If inputting Short Term Payment Plan, leave blank; not applicable.
AGREEMENT REVIEW DATE: Identifies the date the agreement will be reviewed. Leave blank.
Exception: If CC IAREV is returned instead of CC IAORG because of a previous agreement, you must update the review date for three years.
AGREEMENT ACCEPTANCE DATE: Current date is generated. Identifies the date the IA was accepted. This is the date the computer uses to determine any failure to pay penalty rate.
ASSESS IND: Assessment Indicator. Indicates whether or not a new assessment will suspend the IA. Enter "0".
Note: When using CC IAPND for a pre-assessed module, you do not need to input an indicator of "1"; the computer updates to ST 60 after the MF notice generates.
AGRD SKP: Agreed Skip Code. Indicates whether or not the taxpayer can skip a payment.
REMIND SUP: Suppress Reminder Notice Indicator. Indicates whether or not the reminder notice should be suppressed.
REVIEW SUP: Suppress Review Notice Indicator: Indicates whether or not the review notice should be suppressed. Always input "1" in this field.
DFLT SUP: Suppress Default Notice Indicator. Indicates whether or not the default notice should be suppressed.
EFT IND: EFT Indicator. Used for DDIA’s. Indicates whether or not the EFT is in effect. Input "1" to turn on the request to the bank.
If ... | Then ... |
---|---|
Changing a pending IA | Enter "1" |
Extending a pending IA | Enter "2" |
Cancelling a pending IA | Enter "3" |
If ... | Then ... |
---|---|
Sending a systemic IA confirmation letter | Enter the taxpayer’s five digit ZIP Code |
Not sending a systemic IA confirmation letter | Leave blank |
If ... | Then ... |
---|---|
Letter 2840C, CC IAPND, Installment Agreement Confirmation, should be generated | Enter "Y" |
Letter 2840C, CC IAPND, Installment Agreement Confirmation, should not be generated | Example: If there are issues other than the pre-assessed modules to address on a pre-assessed IA, send Letter 2273C, Installment Agreement Accepted - Terms Explained, (or other appropriate letter). See IRM 5.19.1.2.5, Balance Due Outgoing Correspondence Guidelines. Example: If establishing a pre-assessed Short Term Payment Plan, send Letter 0681C, Proposal to Pay Later Accepted. |
If ... | Then ... |
---|---|
The account is BMF or IRAF | Enter "0115" |
The account is IMF | Enter "0922" |
If ... | Then ... |
---|---|
Initial CC IAPND, | Input the appropriate Originator Code; for additional information, see Exhibit 5.19.1-10, IA Originator Codes. See ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ |
Revised CC IAPND, | Input not allowed |
If ... | And ... | Then ... |
---|---|---|
An IA | "This space intentionally left blank" | Enter at least 5 - 9 weeks from the current cycle for the first payment due cycle. If multiple payment amounts apply in Item "10" above, enter the second and third payment cycles as appropriate |
A Short Term Payment Plan | Between 60 and 90 days | Enter 13 weeks from the current cycle for the first payment due cycle. Leave the second and third payment due cycles blank. |
A Short Term Payment Plan | Between 91 and 120 days | Enter 17 weeks from the current cycle for the first payment due cycle |
Short Term Payment Plan | Between 121 and 150 days | Enter 21 weeks from the current cycle for the first payment due cycle. Leave the second and third payment due cycles blank. |
Short Term Payment Plan | Between 151 and 180 days | Enter 26 weeks from the current cycle for the first payment due cycle. Leave the second and third payment due cycles blank. |
If ... | Then ... |
---|---|
The IA is immediately input upon acceptance | No change to the generated date is necessary. |
The IA is not immediately input upon acceptance Example: The IA is accepted, but sent to another location for input | Change to the agreement acceptance date (cannot be greater than current date, or more than six months prior to current date); Format is YYYYMMDD |
Note: The agreement acceptance date is not necessarily the date the request was received from the taxpayer; it is the date you have all information needed and make the determination the request is acceptable.
Note: If the IA is erroneously defaulted, ensure the original acceptance date is entered here.
If ... | Then ... |
---|---|
An IA | Leave blank |
A Short Term Payment Plan | Enter "0" |
If ... | Then ... |
---|---|
An IA | Leave blank |
A Short Term Payment Plan | Enter "1" |
If ... | Then ... |
---|---|
An IA | Leave blank |
A Short Term Payment Plan | Enter "1" |
Note: Do not input the EFT codes unless you are authorized to use these CCs. Only ACS, ACSS, CSCO and CCP employees input DDIAs.
ALNs
(1) All IAs are identified by type and originator. Input the appropriate ALN as defined below. There are two values making up the ALN, defined here as:
"XX" and
"YY"
(2) The "XX" position denotes Initiator/Type of agreement; these values are:
"00": Form 433-D, Installment Agreement, initiated by a territory office on an ACS case.
"01": Campus and toll-free initiated IA.
"02": Area office (Revenue Officer) initiated Form 433-D, Installment Agreement.
"03": DDIAs initiated by any function, but input only by ACS, ACSS, CSCO and CCP.
"06": Examination-initiated IAs.
"07": Submission Processing-initiated IAs.
"08": IAs initiated by other functions.
"11": Form 2159, Payroll Deduction Agreement, initiated by a territory office or ACS.
"12": Territory Office or ACS IA with multiple conditions except for a DDIA. Enter history on CC ENMOD regarding multiple conditions.
Exception: When processing such cases, ACS and CSCO use AMS to enter this history, instead of CC ENMOD.
"20": ST 22/24 accounts, call site/CSCO.
"30": Regular IA secured as a result of Withholding Compliance Case (WHC).
"31": SIA secured as a result of a Withholding Compliance Case (WHC).
"90": CSCO-initiated IAs, other than ST 22 or 26.
"91": Form 2159, Payroll Deduction Agreement, initiated by CSCO.
"92": CSCO IA with multiple conditions, except for DDIAs.
Note: Always use "03" for DDIA cases and enter history on CC ENMOD regarding multiple conditions.
"94": IA requested on Form 9465, Installment Agreement Request, initiated by any function, except for DDIAs.
Reminder: ACS, ACSS, CSCO and CCP should always use "03" for DDIAs.
"99": Short Term Payment Plan; this is not an IA.
(3) The "YY" position denotes conditions affecting the agreement; these values are:
"08": Continuous Wage Levy, from ACS or a RO.
"09": All other conditions.
"12": PPIA.
"15": BMF In-Business Trust Fund, all Functions.
"27": Restricted Interest/Penalty condition present.
"32": Unassessed modules to be included in IA.
Note: ALN XX32 must be used when there is at least one assessed module to be included in the IA, plus one or more unassessed modules. Remember to enter an Assessment Indicator of "1" and enter history on AMS to document the unassessed module(s), as shown below.
"36": SIA $25,000 and under.
Note: ALN XX36 must be used for SIAs $25,000 and under, unless there are multiple conditions.
"37": SIA over $25,000.
Note: ALN XX37 must be used for SIAs over $25,000, unless there are multiple conditions.
"41": BMF In-Business Deferral Level, for CSCO use only
"53": Report CNC in the event the IA defaults. (Also referred to as a Backup CNC.)
"63": Cross-Reference TIN, ST 63.
"66": File NFTL in event of default.
"70": Secondary taxpayer responsible for Joint Liability.
"80": Review and revise payment amount.
"99": Short Term Payment Plan; this is not an IA.
(4) If the current year return is not yet assessed but the anticipated current year liability is to be included in the IA, use ALN "XX32", this includes current year returns not yet processed, AUR, ASFR or any other pending assessment which is being proposed and is to be included in the IA once the assessment posts. IRM 5.19.1.6.4.15, Pre-Assessed IA Requests.
(5) When an IA has more than one condition, use either "12" or "92" in the "XX" position
Exception: For a PDIA, use "11" or "91" (based on initiating function). For a DDIA, use "03". Assign the primary condition "YY" based on the following priorities:
"63"
"12"
"53"
"32"
"15"
"41"
(6) Update AMS to reflect pertinent information needed by the IAAL process, such as:
Unassessed modules and/or NFTL filing.
TC 530 Action Code for reactivation on back-up 53 modules.
Multiple Condition Examples and Documentation |
---|
For an unassessed module on MFT 30, Tax Period 201712, and an assessment of $7,500, input History Item: "UM30201712 $7,500" |
For a PPIA with a backup 53, where "XX" = the TC 530 action code for TPI reactivation; the values are 24-32, input History Item: "PPIA/CNCXX" |
IA Originator Codes
(1) The following is a complete list of IA originator codes:
Note: When setting up agreements with CC IAREV which are no longer in IA status, 6X, revise the originator code, if appropriate.
"10": Collection Support Function NSIA
"11": Collection Support Function SIA
"20": Collection Field Function NSIA
"21": Collection Field Function SIA
"30": Withholding Compliance NSIA
"31": Withholding Compliance SIA
"40": Obsolete
"41": Obsolete
"42": Obsolete
"45": Obsolete
"46": Obsolete
"50": Collection Walk-in NSIA
"51": Collection Walk-in SIA
"58": Field Assistance ICS NSIA
"59": Field Assistance ICS SIA
"60": Examination Division NSIA
"61": Examination Division SIA
"70": Customer Service, Toll-Free NSIA
"71": Customer Service, Toll-Free SIA
"72": CSCO NSIA
"73": CSCO SIA
"74": Customer Service Voice Response Unit, system generated
"75": Compliance ACS NSIA
"76": Compliance ACS SIA
"77": Compliance ACS Voice Response Unit NSIA, system generated
"78": Compliance ACS Voice Response Unit SIA, system generated
"80": Other NSIA
"81": Other SIA
"82": On-Line Payment Agreement, Notice Status
"83": On-Line Payment Agreement, ACS
"84": Special Compliance Program (SCP) in Field - Regular IAs
"85": Special Compliance Program (SCP) in Field - SIA
"90" through "98": Reserved for Vendors, all SIAs
"98": Special Compliance Personnel (SCP) program
"99": Special Compliance Program (SCP) in ACS - SIA
IA User Fee Codes
(1) IA user fee codes must be entered every time any pending or active IA is initiated or revised. CC IADFL and the weekly TDA Analysis program will automatically set the user fee code to "R", and user fee paid indicator to "N", reinstatement user fee due, when the IA defaults for any reason.
Caution: A user fee is never collected when the account is not previously revised, reinstated or defaulted, and remains in ST 60 continuously prior to March 16, 1995. The input is User Fee Code "O" and User Fee Paid indicator to "W".
(2) Effective January 1, 2017, valid IA user fee codes are as follows:
(3) Manual:
"O": Origination User Fee Due/Paid
"P": Reduced Origination User Fee Due/Paid
"D": DDIA Origination User Fee Due/Paid
"E": Reduced DDIA Origination User Fee Due/Paid
"R": Reinstatement User Fee Due/Paid
"T": Reduced Reinstatement User Fee Due/Paid
(4) OPA:
"Q": OPA Origination User Fee Due/Paid
"N": OPA Reduced Origination User Fee
"F": OPA DDIA Origination User Fee Due/Paid
"G": OPA Reduced DDIA Origination User Fee
"U": OPA Reinstatement User Fee Due/Paid
"S": OPA Reduced Reinstatement User Fee
Note: Taxpayers must establish their IA through OPA to be eligible for the OPA user fees shown above.
(5) Valid IA user fee paid indicators are:
"N": Not Paid User Fee.
"Y": Paid User Fee.
"W": Waived User Fee.
Example: Continuous Levy or Short Term Payment Plan up to 180 days: User fee code is "O" and the user fee paid indicator is "W".
Example: New IA granted (reduced user fee paid): User fee code is "P" and the user fee paid indicator is "Y".
Example: IA reinstated (user fee not paid): User fee code is "R" and the user fee paid indicator is "N".
OPA Referral Criteria
(1) Do NOT refer the taxpayer to use the internet for OPA if any of the following conditions are present on the account:
Conditions Precluding OPA Referral |
---|
Account is assigned to Private Collection Agency – an unreversed TC 971 AC 054 is present on the account. Advise the taxpayer they must work directly with the PCA and provide the PCA phone number. |
Taxpayer has AAB over $50,000. See IRM 5.19.1.6.4, Installment Agreements (IAs), and IRM 5.19.1.6.4.1, Determining Appropriate IA. |
Taxpayer has open TDIs or unresolved unfiled returns within the last 3 years. See IRM 5.19.1.4.4.1, Full Compliance Check, or IRM 5.19.1.4.4.1.1, Express Filing Compliance Check, as applicable. Exception: Taxpayers with unresolved unfiled returns (not TDIs) can request a short-term agreement through OPA. |
Taxpayer has an ITIN - ITIN holders may experience difficulties completing the identity verification process. |
Module has restricted FTP Penalty or Interest Freeze Codes: – I or G –. See IRM 5.19.1.3.2.1(2), General Transfer and Referral Information. |
Taxpayer has a cross-referenced account with IMF/BMF tax module present with debit balance. See IRM 5.19.1.6.4.4, IMF/BMF Related Accounts |
If the account needs to be mirrored. See IRM 5.19.1.6.7, Mirroring Accounts. |
If the account must be manually monitored. See IRM 5.19.1.6.6, Manually Monitored Installment Agreement (MMIA). |
If the taxpayer requests a Payroll Deduction Agreement. See IRM 5.19.1.6.4.14, Form 2159, Payroll Deduction Agreement. |
Freeze Codes:
See IRM 5.19.1.3.2.1(2), General Transfer and Referral Information. |
Innocent Spouse Pending: Unreversed TC 971 AC 065. See IRM 5.19.1.5.18, Innocent Spouse. |
Bankruptcy Pending:
See IRM 5.19.1.5.2, Insolvency Issues. |
OIC Pending:
See IRM 5.19.17.3, Offer In Compromise (OIC) Procedures. |
Claim Pending: Module with unreversed TC 470. See IRM 5.19.1.4.3, Determine Correct Liability. |
ID Theft-Data Loss: Unreversed TC 971 AC 505 with incident number other than CR20170228961 and a secondary date of 01/31/2017. See IRM 25.23.2.10, Get Transcript Incident, IRM 25.23.2.11.1, Get an Electronic Filing PIN Incident – How to Identify These Accounts, and IRM 25.23.2.13, Incident Numbers CR20170421067 and LR20170421067. Also, see IRM 25.23.2.12, Free Application for Federal Student Aid (FAFSA) Incident. |
Disabled accounts: A TC 971 AC 527 indicates an account is disabled. The taxpayer cannot create a Secure Access account. See IRM 25.23.2.8.6, Disabled Online Accounts TC 971 AC 527. |
CC MFREQ (or CC RECON) module(s). See IRM 5.19.1.6.4.5, Account Statuses Affecting IAs. |
Proposed IA includes tiered payment amounts. |
Proposed IA contains both assessed and unassessed modules (including adding an unassessed module to an existing IA on assessed balances). |
Proposed IA is for NSIA or PPIA. |
Revisions when the agreement was established or revised through OPA or VBD in the last 180 days, except if the taxpayer is revising a non-DDIA to a DDIA. |
Installment Agreement Table
(1) The following table provides a summary of IAs
"This space intentionally left blank" | Guaranteed (IMF Only) | Streamlined | IBTF Express | NSIA | PPIA |
---|---|---|---|---|---|
Type of Tax | IMF Income Tax Only | IMF, OOB BMF, OOB Sole Proprietor, BMF Non-Trust Fund | BMF Trust Fund | IMF, OOB Sole Proprietor | IMF, OOB Sole Proprietor |
Maximum AAB | $10,000 (excluding penalties and interest) |
| $25,000 |
|
|
Terms and Duration | Fully paid in 36 months, including accruals, by CSED | AAB will be fully paid in 72 months, or the IA will be fully paid prior to the CSED, whichever comes first | Fully paid in 24 months including accruals, by CSED | Fully paid by CSED | None (Until CSED expires) |
CIS Required | No | No | No | No, unless AAB is more than $250,000 | Yes, with a Financial Review every 2 years |
NFTL Determination Required | No | No, unless AAB is $25,001 - $50,000 and TP does not agree to a DDIA or PDIA | No | Yes | Yes |
DDIA or PDIA Required | No | No | DDIA, if AAB is $10,001 - $25,000 or if AAB is $10,000 or less and had a previous IBTF IA that defaulted or terminated | No | No, unless IA defaulted in past 24 months and TP has a bank account or job |
Managerial Approval | No | No | No | Yes, unless AAB is $25,000 or less OR $25,001 - $50,000 with no history of defaults and no modules in ST 22 or ST 24 | Yes, if AAB is more than $25,000 |
Reference | IRM 5.19.1.2.6, Case Processing Authority Levels, and IRM 5.19.1.6.4, Installment Agreements (IAs) | IRM 5.19.1.2.6, Case Processing Authority Levels, and IRM 5.19.1.6.4, Installment Agreements (IAs) | IRM 5.19.1.2.6, Case Processing Authority Levels, and IRM 5.19.1.6.4, Installment Agreements (IAs) | IRM 5.19.1.2.6, Case Processing Authority Levels, and IRM 5.19.1.6.4, Installment Agreements (IAs) | IRM 5.19.1.2.6, Case Processing Authority Levels, and IRM 5.19.1.6.4, Installment Agreements (IAs) |