Part 25. Special Topics
Chapter 25. Revenue Protection
Section 11. Withholding Only Work (WOW) (Notice CP 05A) Procedures
25.25.11 Withholding Only Work (WOW) (Notice CP 05A) Procedures
Manual Transmittal
November 16, 2023
Purpose
(1) This transmits revised IRM 25.25.11, Revenue Protection, Withholding Work Only (WOW) (Notice CP 05A) Procedures
Material Changes
(1) IRM 25.25.11.1.6, Related Resources - Updated email address to send special IDRS access to the Policy & Analysis- IPU 23U0582 issued 05-04-2023.
(2) IRM 25.25.11.2, Withholding Only Work (WOW) Overview - Updated guidance for working notice CP 05A responses pertaining refundable credits- IPU 23U0582 issued 05-04-2023.
(3) IRM 25.25.11.6, Rejects - Updated -O freeze process- IPU 23U0967 issued 09-21-2023.
(4) Editorial changes made throughout the IRM section.
Effect on Other Documents
IRM 25.25.11 dated November 21, 2022 (effective date 01-03-2023) is superseded. This IRM includes the following IRM Procedural Updates (IPUs), IPU 23U0582 issued 05-04-2023, IPU 23U0967 issued 09-21-2023.
Audience
Campus employees in Return Integrity Verification Operations, Return Integrity and Compliance Services
Effective Date
(01-01-2024)
Denise D. Davis
Director, Return Integrity Verification Program Management
Wage and Investment Division
Program Scope and Objectives
(1) Purpose and Program Goals: Effective January 1, 2022, this IRM section provides guidance for Return Integrity Verification Operations (RIVO) employees when verifying individual master file returns for possible false federal withholding. Individual master file returns are scored through the Dependent Database (DDb) or through the Return Review Program (RRP) system. These selection processes identify suspicious returns exceeding certain tolerances for false or inflated withholding claimed on returns.
Prior to January 1, 2022, this program identified suspicious tax returns exceeding certain tolerances for false or inflated wages and/or withholding claimed on returns.
(2) Audience: The audience intended in this IRM is RIVO employees.
(3) Policy Owner: The Return Integrity Verification Program Management (RIVPM) is the policy owner of this program.
(4) Program Owner: RIVPM is the program office responsible for oversight of this program.
Background
(1) Return Integrity Verification Program Management (RIVPM) strengthens the integrity of the tax system by:
Protecting the public interest by improving IRS ability to detect and prevent improper refunds
Serving the public interest by taking actions fairly and correctly to identify, evaluate and prevent the issuance of improper refunds
Helping taxpayers understand the refundable tax credits for which they are eligible
Program Management and Review
(1) The program has reports to track the inventory, including receipts and closures.
(2) A quality control program is in place to review all processes to ensure accuracy and effectiveness.
Authority
(1) Refer to the following:
IRM 1.2.1.5.10, Policy Statement 4-21, Selection of returns for examination
IRM 1.1.13, Organization and Staffing, Wage and Investment Division.
Various Internal Revenue Codes (IRC) including but not limited to:
IRC 6402(a), Authority to make credits or refunds
IRC 6401, Amounts treated as overpayments
IRC 6404, Abatements of tax
IRC 6213, Restrictions on assessments and math error authority
Responsibilities
(1) Return Integrity Verification Program Management (RIVPM) has responsibility for information in this IRM. Information is published in the IRM on a yearly basis.
(2) The Director of RIVPM is responsible for the policy related to this IRM.
(3) The Chief of the RIVPM Policy & Analysis is responsible for ensuring this IRM is timely submitted to publishing each year.
(4) More information can be found in IRM 1.1.13.5, Return Integrity and Compliance Services.
Acronyms
(1) For a list of Acronyms used throughout Return Integrity Verification Operations (RIVO) see IRM 25.25.1.1.6, Acronyms.
Related Resources
(1) The related resources listed below must be used for account research and issue resolution. These related resources must be accessed through the IRS Intranet-Servicewide Electronic Research Program (SERP) site.
IRM 25.25, Revenue Protection
IRM 25.23, Identity Protection and Victim Assistance
IRM 21, Customer Account Services
IRM 2, Information Technology
IRM 3, Submission Processing
IRM 4, Examining Process
(2) IDRS restricted access accounts are accounts where a user must request special permissions to access the account through IDRS. Follow IRM 21.2.1.3.2, Authorized IDRS Access.
Exception: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Withholding Only Work (WOW) Overview
(1) When Return Integrity Verification Operations (RIVO) identifies a return containing questionable withholding only a Notice CP 05A, Information Regarding Your Refund - Refund Being Held Pending More Thorough Review may be sent to the taxpayer at the address of record. The Notice CP 05A requests more information to support the withholding claimed on the return and the case is suspended for 60 days.
(2) When no response is received for the Notice CP 05A within the allotted time, the following actions are taken:
The return is systemically dispositioned in the Electronic Fraud Detection System (EFDS) to be worked via the Withholding Only Work (WOW) Tool.
The WOW Tool will adjust the account based on the withholding data in the Information Returns Master File (IRMF) perfected by RIVO as needed, and issue a Letter 105C, Claim Disallowed, or a Letter 106C, Claim Partially Disallowed, correctly, to the taxpayer.
Note: If the WOW Tool cannot adjust the account due to issues on IRMF or Integrated Data Retrieval System (IDRS), the case must be placed on a reject file to be worked manually by RIVO. See Exhibit 25.25.11-1, Withholding Only Work (WOW) Reject Codes, for list of codes.
See IRM 25.25.11.6, Rejects, for more guidance for addressing the WOW issue on the tool rejected cases.
(3) Correspondence received in response to the Notice CP 05A are resolved by RIVO per the procedures in this IRM.
Note: Notice CP 05A responses on cases worked in the WOW program could contain refundable credits. Any case containing refundable credits that received a CP 05A or was previously referred to WOW through EFDS (i.e., STARS dispositions AA, BA, MA, and WA) or due to inventory management (i.e., Headquarters referral from AQC or Exam) should not be referred to another treatment stream. The WOW program will only adjust the unverified withholding. The WOW program does not adjust refundable credits. Do not contact RIVO employee who input the adjustment, the majority of these cases are ran through a batch tool. Instead follow normal procedures (i.e., amended return, math error response, etc.).
Notice CP 05A Responses
(1) Responses to Notice CP 05A, Information Regarding Your Refund - Refund Being Held Pending More Thorough Review, received by mail, fax, Documentation Upload Tool (DUT), Form 4442, Inquiry Referral, or Operations Assistance Request (OAR), must be processed by Return Integrity Verification Operations (RIVO).
(2) If a third party, such as the taxpayer’s employer, who is not the taxpayer’s authorized representative, responds to the Notice CP 05A and requests withholding substantiation information or other information about the taxpayer’s return or account, the IRS cannot provide that information or any other specific information about the taxpayer or their return. The IRS can advise the third party that, in general, the IRS needs the following documentation to substantiate a taxpayer’s reported withholding:
A copy or copies of a wage statement for the year of the return.
A letter from the employer on the company letter head. Letters from employers must have company letter head and show withholding amount. Regardless of verification method, the taxpayer must provide a name and telephone number of an employer contact.
Similar statements such as pay stubs must show employer information including Employer Identification Number (EIN) and a contact name and telephone number. Pay stubs also must show the taxpayer information, including taxpayer identification number (TIN).
(3) All incoming Notice CP 05A responses must be controlled on IDRS to RIVO using category "CP5A" and the received date of the correspondence. Open an IDRS control using the following IDRS numbers/Activity codes:
For Paper: 1486100007/WOWXXXXXXX (X is the batch number)
For e-Fax: 1486100008/WOWFAXMMDD (MMDD is the received date)
For DUT: 1486100009/WOWDUTMMDD (MMDD is the received date)
(4) CP 05A correspondence and referrals must be sorted or resolved per the chart below:
If | Then |
---|---|
1 | Destroy the notice or letter as classified waste, per IRM 21.5.1.4.10, Classified Waste. |
2 | Return the mail to the originating function or forward to correct area. See Austin Document Routing Guide (DRG) for more forwarding information. |
3 |
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4 |
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5 | See IRM 25.25.11.3.1, Notice CP 05A - Identity Theft Response. |
6 | See IRM 25.25.11.3.2Notice CP 05A - Non-Identity Theft Response. |
Notice CP 05A - Identity Theft Response
(1) Taxpayer’s may respond to the Notice CP 05A, Information Regarding Your Refund - Refund Being Held Pending More Thorough Review, with a Form 14039, Identity Theft Affidavit, or similar statement indicating they did not file a return or that their return could not be accepted electronically because another return was filed using their taxpayer identification number (TIN). Return Integrity Verification Operations (RIVO) will resolve the account using the procedures in this IRM.
(2) If there is another open IDRS control base present on the module to a specific employee (disregard generic control bases), contact the controlling employee prior to resolution to coordinate efforts in order to prevent erroneous or duplicate adjustments or actions. Refer to IDRS - Unit and USR Database, located on the SERP Home Page under the Who/Where tab to locate the employee.
(3) If the taxpayer is requesting a copy of their return or the identity theft return, follow the instructions in IRM 21.2.3.5.8, Transcripts and Identity Theft.
(4) Follow the instructions in the chart below to resolve the account and respond to the taxpayer:
If | And | Then |
---|---|---|
1 | No return for the taxpayer is attached to the response. |
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2 | An original unprocessed return for the taxpayer is attached to the response. |
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3 |
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Notice CP 05A - Non-Identity Theft Response
(1) Taxpayers may respond to the Notice CP 05A, Information Regarding Your Refund - Refund Being Held Pending More Thorough Review, with various forms or statements to substantiate the withholding claimed on the return, or the taxpayer may state an error was made and provide a corrected or amended return (Form 1040X, Amended U.S. Individual Income Tax Return). Return Integrity Verification Operations (RIVO) will resolve the account using the procedures in this IRM.
(2) If an open IDRS control base is present on the module to a specific employee (disregard generic control bases), contact the controlling employee prior to resolution to coordinate efforts in order to prevent erroneous or duplicate adjustments or actions. Refer to IDRS - Unit and USR Database, located on the SERP Home Page under the Who/Where tab to locate the employee.
(3) Follow the chart below for resolving non-identity theft replies:
Note: Research account for -O freeze. Do Not send disallowance during the disaster relief period. Do Not Disallow or Default accounts during the disaster relief period, unless agreed to by the taxpayer. See IRM 21.5.6.4.30. -0 Freeze, for more information. Refer to IRS Disaster Assistance Program, for more information on disaster locations.
If | Then |
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1 Exception: If contact with Third Party is necessary, please complete Form 12175, Third Party Contact Report. See IRM 25.25.3.9(3), Manual Verification Procedures for more instructions. |
Note: If inputting a TC 290 for zero to release the refund, input the adjustment as a source document (SD) and attach the correspondence to a screen print of the transmitted CC REQ54 and send to Files per local closed case procedures. Exception: Do not classify waste the correspondence if a TC 290 for zero is input to release the refund. (See instructions above.) |
2 Exception: If contact with Third Party is necessary, please complete Form 12175, Third Party Contact Report. See IRM 25.25.3.9(3), Manual Verification Procedures for more instructions. |
Note: If inputting a TC 290 for zero to release the refund, input the adjustment as a source document (SD) and attach the correspondence to a screen print of the transmitted CC REQ54 and send to Files per local closed case procedures. Exception: Do not classify waste the correspondence if a TC 290 for zero is input to release the refund. (See instructions above.) |
3 Note: The response may include a corrected/amended return or a Form 1040X. |
Reminder: Input a TC 170 for zero, when increasing/decreasing federal withholding and no CCC P or existing TC 170 Note: Input the adjustment as a source document (SD) and attach the correspondence to a screen print of the transmitted CC REQ54 and send to Files per local closed case procedures. Note: Use blocking series 05 on partial disallowances. |
4 Note: The response may include a corrected/amended return or a Form 1040X. Reminder: If the adjustment will result in an increase in refund, see box 5. |
Reminder: Input a TC 170 for zero, when increasing/decreasing federal withholding and no CCC P or existing TC 170 Note: Input the adjustment as a SD and attach the correspondence to a screen print of the transmitted CC REQ54 and send to Files per local closed case procedures. Note: Use blocking series 05 on partial disallowances. |
5 |
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6 Note: Do not send an unverifiable amended return or Form 1040X to SP or ICT. Treat as an unverified response. |
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7 |
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Letter 105C/106C Responses
(1) The taxpayer may be responding to the Letter 105C, Claim Disallowed, or Letter 106C, Claim Partially Disallowed, with new or more information or may be responding for the first time (the taxpayer may not have received the Notice CP 05A) to the account changes based on the Withholding Only Work (WOW) procedures. The response is to be treated as a new case using the guidelines in this IRM.
(2) For certain Exam-surveyed cases with inflated federal withholding and refundable credits, RIVO issued 105C/106C letters, disallowing withholding only. These cases can be identified with the following IDRS control C#,RIVOTOWORK,C,QRPA 1485000000,*. No referrals or other employee contact should be issued on these cases.
(3) Follow the chart below for resolving Letter 105C/106C replies:
If | Then |
---|---|
The taxpayer responds to the Letter 105C or Letter 106C. Note: Follow the instructions in this section if the taxpayer responds to the Notice CP 05A, but the account has already been reversed in the WOW process. Caution: Letter 105C/106C replies received as part of the Exam-surveyed inventory as stated above; only work the federal withholding issue. Do not adjust income or refundable credits, if present. |
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IF | THEN |
The taxpayer responds with a corrected/amended return or Form 1040X and include amendments to anything other than withholding on the original posted return: Note: Do not send an unverifiable amended return or Form 1040X to SP or ICT. Treat as an unverified response. |
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Respond is received and it is determined that the adjustment was incorrectly calculated in the WOW program | The account must be corrected based on the original adjustment made on the account. |
Statute Imminent / Statute Expired
(1) There may be instances when the taxpayer’s return data has been removed from the tax account and needs to be reinstated, however the assessment statute is imminent or barred.
(2) The Assessment Statute Expiration Date (ASED) is generally three years after the due date of the return or three years after the date the original return was actually filed, whichever is later. See IRM 25.6.1.6.5, Chart of Expedited Statute Processing, for more information.
(3) Follow the instructions in the chart below to resolve the account:
If | Then |
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1 | All assessments within 90 days of the expiration date must be routed to the Statute Function on a Form 2859, Request for Quick or Prompt Assessment, see IRM 25.23.2.5, Statute Protection, for more guidance. |
2 |
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Rejects
(1) Returns that cannot be worked via the WOW Tool must be resolved following the chart below:
Note: Research account for -O freeze. If the -O freeze is present on the account, do not send disallowance letter during the disaster relief period and do not disallow or default accounts during the disaster relief period, unless agreed to by the taxpayer. Continue to monitor the account, until the -O freeze drops off the account and then continue with disallowance process. See IRM 21.5.6.4.30, -O Freeze, for more information. Refer to IRS Disaster Assistance program, for more information on disaster locations.
(2) Accounts unable to be worked by the Withholding Only Work (WOW) tool will have one of the following reject codes associated with the case and must be in STARS disposition as "MA" Manual Disallowance Adj Necessary Man WOW ref.
IF | THEN |
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1 |
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2 |
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3 |
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4 |
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Withholding Only Work (WOW) Reject Codes
(1) The tool will reject the following freeze and error codes:
IDRS RESEARCH | REJECTION CRITERIA |
Command Code (CC) TXMODA |
|
Code | Rejection Definition |
0001 | Command Code (CC) TXMODA Failed |
0002 | SEQ # greater than 999 |
0010 | Module Balance Not Credit |
0012 | Error Reading Adjusted Gross Income (AGI) and Taxable Income (TXI) |
0013 | Error Reading Number of Exemptions |
0014 | Transaction Code (TC) 150 Not Posted |
0015 | Error Reading Withholding (WH) |
0016 | TC 29X/30X other than Zero |
0018 | Pending TC 29X/30X |
0019 | Could not place Open Control in B Status |
0020 | CC REQ54 Failed |
0021 | Error Inputting Item Reference Number (IRN) to ADJ54 |
0022 | Error Transmitting CC ADJ54 |
0023 | CC TXMODA Failed after CC ADJ54 |
0025 | CC IMFOLR Failed |
0030 | CC TXMODA Failed for CC TERUP |
0031 | No Adjustment Pending (AP) found on CC TXMODA for CC TERUP |
0032 | CC TERUP Failed |
0040 | CC LETER Failed |
0041 | Error Transmitting CC LPAGE |
0050 | Wage Mismatch |
0051 | WH Mismatch |
0062 | Unknown Filing Status |
0070 | CC REQ77 did not change to CC FRM77 |
0071 | Error Populating CC FRM77 Screen |
0072 | CC FRM77 Transmit Failed |
0118 | Unreversed TC 971 AC 140 on Module |
0119 | “Any open control with a Category Code other than “AM01” through “AM09” |
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0130 | Tax Year older than 2009 |
0131 | Credits of $500 or more |
0132 | Credits less than $500 |