21.3.11. Information Returns Reporting Procedures

(1) TSO consists of four segments:

• Customer Service Section (CSS)

• Filing Information Returns Electronically (FIRE) Support (FS)

• Information Filing Support (IFS)

• Products and Services Support (PSS)

(2) TSO provides help via telephone and electronic mail received from the issuer/employer community regarding the filing of information returns, and actions needed to participate in the electronic filing program. Inquiries relate to the preparation and submission of electronic files, resolution of electronic filing error conditions, questions regarding the IR Application for TCC, and supporting programs. TSO assistors don’t provide a legal opinion or position, and don’t answer individual tax law inquiries. See IRM 21.3.11.1.4, Technical Services Operation Scope of Inquiry.

(3) Supported forms and programs are:

• Affordable Care Act (ACA) registration and testing

• Foreign Account Tax Compliance Act (FATCA) International Compliance Management Model (ICMM)

• Information Returns (IR) Application for Transmitter Control Code (TCC)

• Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding

• Form 1094-B, Transmittal of Health Coverage Information Returns

• Form 1094-C, Transmittal of Employer-Provided Health Insurance Offer and Coverage Information Returns

• Form 1095-B, Health Insurance Coverage

• Form 1095-C, Employer Provided Health Insurance Offer and Coverage

• Form 1097-BTC, Bond Tax Credit

• Form 1098 series

• Form 1099 series

• Form 3921, Exercise of an Incentive Stock Option Under Section 422(b)

• Form 3922, Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(c)

• Form 5498 series

• Form 8027, Employer's Annual Information Return of Tip Income and Allocated Tips

• Form 8508, Application for a Waiver from Electronic Filing of Information Returns

• Form 8955-SSA, Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits

• Form 8596, Information Return for Federal Contracts

• Form 8809, Application for Extension of Time to File Information Returns

• Form 8966, FATCA Report as it relates to technical support for specific error notifications issued during the download and processing of Form 8966

• Form 10301, CD Encryption Code Authorization for CP2100/972CG Notices

• Form W-2, Wage and Tax Statement

• Form W-2c, Corrected Wage and Tax Statement

• Form W-2G, Certain Gambling Winnings

• Form W-3, Transmittal of Wage and Tax Statement

• Form W-3c, Transmittal of Corrected Wage and Tax Statement

(4) Users of the IRS Information Return Program include, but are not limited to, the following:

• Attorneys

• Certified Public Accountants (CPAs)

• Financial Institutions

• Foreign Financial Institutions

• Governmental Agencies

• Government Contractors

• Information Return Filer/Issuer

• Intermediate Service Providers (ISPs)

• Large Corporations

• Software Developers

• State Taxing Authorities

• Taxpayer Assistance Centers (TACs)

• Transmitters

(5) The E-Help Support System (EHSS) provides a holistic view of a customer's contact history with the EPSS Help Desks. Each contact with the customer is documented in EHSS as an Interaction/Incident. An Interaction/Incident is the electronic version of a customer's contact. If the Interaction/Incident is still open and the customer is providing/requesting additional information on the same issue, document and update the activities section of the Interaction/Incident.

(6) The assistors create Interactions/Incidents to record the customer information, problem details, and resolution of the issue.

(1) TSO is guided by the following legal and regulatory authorities in relation to the Information Return Program:

• Treas.Reg. 7803(a)(3), Taxpayer Bill of Rights

• Protecting Americans from Tax Hikes (PATH) Act

• IRS Restructuring and Reform Act of 1998 (RRA 98)

• Taxpayer First Act, Section 2301

• Treasury Decision 9972, which implements Taxpayer First Act, Section 2301

• IRM 1.2, Servicewide Policies and Authorities

(2) The Taxpayer Bill of Rights (TBOR) lists rights that already existed in the tax code, putting them in simple language and grouping them into 10 fundamental rights. Employees are responsible for being familiar with and acting in accord with taxpayer rights. See IRC 7803(a)(3), Execution of Duties in Accord with Taxpayer Rights. For additional information about the TBOR, see https://www.irs.gov/taxpayer-bill-of-rights.

(1) All employees complete duties in accordance with Policy Statement 1-236 (Rev. 1), Fairness and Integrity in Enforcement Selection. Refer to IRM 1.2, Servicewide Policies and Authorities.

(2) All assignments are executed in accordance with the Taxpayer Bill of Rights as listed inIRC 7803(a)(3).

(3) The Director of EPSS is responsible for supporting customer-valued e-solutions for Service-wide electronic products and services.

(4) The TSO Operation Chief is responsible for serving as a focal point for electronic information return processing.

(5) TSO is responsible for preserving the privacy and security of taxpayer data received through the FIRE System. All employees must be aware of all requirements pertaining to transmitter/filer and taxpayer data as described in IRM 10.8.1, Information Technology (IT) Security, Policy and Guidance.

(1) TSO scope is to direct customers to the resources they need to address their issue(s) and does not include providing detailed or complex responses. The areas discussed in (2) through (5) below are beyond the level of service and are considered Out-of-Scope (OOS).

(2) Tax form and schedule preparation defined as:

1. Use of taxpayer information to provide “line-by-line” assistance in the completion of all or most of a form/schedule.

2. Performance of “line-by-line” computations and guidance on what to enter on each line (although not necessarily every line).

3. Verification of form/schedule entries after completion by the taxpayer.

(3) Tax planning defined as a request as to whether one course of action is favored over another.

(4) Legal opinions are not provided; however, assistors can refer customers to the applicable law or revenue procedure number as documented in instructions and publications. Use of Lexus-Nexus is Out-of-Scope and would indicate a highly complex tax issue. See (5).

(5) Highly complex tax issues are inquiries requiring analysis and interpretation to achieve inquiry resolution.

(6) Probe to determine the customer’s topic of inquiry. Below are a few examples:

• Identify form

• Determine if customer has access to the internet

• Identify the customer’s role, are they a transmitter, accountant, owner/issuer for a business etc.

• Identify the purpose for the call

• Determine what actions the customer wants to achieve, for example, file a paper return, apply for a transmitter control code (TCC) to file electronically, correct an electronic file

(7) Assistors should determine and advise customer of their options for obtaining the information requested. Provide essential elements of information on tax law topics and guide customers to resources available for self-help. Below are some examples of essential elements of information:

• Due dates of returns and location of the source information

• Instruction on how to obtain a form

• Related publications as it may relate to a form or tax law topic

• Recommendation for the customer to contact a paid preparer for inquiry resolution

(1) EPSS manages the TSO, CSS using the following reviews and certifications.

(2) Continual EHSS Knowledge Management Article Certification - Knowledge Management articles used to ensure consistent and accurate customer responses are housed in the E-Help Support System (EHSS); and scheduled for continual certification by the assigned Program Management analyst.

(3) Assistor Certification - New employees are certified by their manager as ready to respond to customer inquiries correctly and completely. During the on-the-job training (OJT) managers must certify students can perform satisfactorily prior to release from OJT.

(4) EPSS Program Letter - The Program Letter is prepared on an annual basis by the Operation Support (OS) staff. It covers all expectations and aspects of the telephone program, such as, forecasting and staffing requirements, call demand forecasts, level of service (LOS), average handle time (AHT). Joint Operations Center (JOC) reports are used to monitor the telephone program in conjunction with E-Workforce Management which facilitates resource management and adherence.

(5) Quality Measure - Is based on five principles, Customer Accuracy, Procedural Accuracy, Regulatory Accuracy, Professionalism, and Timeliness. Quality review goals include frequency, method of sampling and annual performance targets which are communicated via the EPSS Program Management Letter. Reviews are performed with the use of Contact Recording (CR) and Embedded Quality (EQ).

(1) The following program controls are used to oversee the TSO CSS to ensure the information employees use to respond to customer contacts is accurate and current.

(2) EPSS Communications and Review Process - The communications are used to convey a variety of topics, unexpected system issues, technical, procedural and administrative issues. Subject Matter Experts (SMEs), within each Operation have been identified to review the communications to ensure readability and overall quality.

(3) EPSS IRM Review - IRM authors and coordinators control requests for IRM reviews to the Operations. This complies with the requirements in IRM 1.11.9.3.1, Requesting Employee Feedback.

(4) Publication Review - Publication authors and coordinators control requests for Publication reviews to the Operations.

(5) EHSS Solutions - Solutions also known as Knowledge Management Articles provide guidance for assistors to resolve customers’ issues and provide quality customer service. The Operation Support Program Management analyst provides quality control for managing the content of the solution database and assists with the continuous certification of the content.

(1) The following definitions are used in this IRM.

• Filer - Any person required to file an information return.

• Transmitter - Sends electronic information return data directly to the IRS on behalf of a business or individual.

(2) The following acronyms are used in this IRM.

• Customer Service Section (CSS)

• E-Help Support System (EHSS)

• Electronic Products and Services Support (EPSS)

• Employer Identification Number (EIN)

• Filing Information Returns Electronically (FIRE)

• Filing Information Returns Electronically (FIRE) Support (FS)

• Foreign Account Tax Compliance Act (FATCA)

• Individual Taxpayer Identification Number (ITIN)

• Information Filing Support (IFS)

• Information Reporting Program (IRP)

• Information Returns Intake System (IRIS)

• Information Returns (IR) Application for Transmitter Control Code (TCC)

• Information Returns Intake System (IRIS)

• Internal Revenue Manual (IRM)

• Internal Revenue Service (IRS)

• International Compliance Management Model (ICMM)

• Products and Services Support (PSS)

• Social Security Administration (SSA)

• Taxpayer Advocate Service (TAS)

• Taxpayer Identification Number (TIN)

• Technical Services Operation (TSO)

(1) The following lists the primary sources of guidance used by the TSO CSS to provide consistent, accurate and professional responses to customers’ questions.

• IRM 3.42.7, EPSS Help Desk Support - Provides guidance pertaining to use of the telephone system, etiquette and the use of E-Help Support System (EHSS).

• IRM 3.42.9, IRS e-file of Information Returns - Provides information relevant to Filing Information Returns Electronically (FIRE) System and Information Returns Intake System (IRIS) processes.

• IRM 21.3.11, Information Returns Reporting Procedures - Provides guidance, scope and responsibilities.

• EPSS SERP Portal - The portal is the repository for the relevant IRMs, Job Aids and Tools used by employees to provide accurate and professional responses to customer questions and document EHSS.

(1) The Office of Disclosure administers the provisions of IRC 6103, Confidentiality and Disclosure of Tax Returns and Return Information. All IRS employees are responsible for ensuring taxpayer confidentiality is protected, and tax records are properly safeguarded and disclosed only as provided by law.

(2) TSO employees must take measures to prevent the unauthorized disclosure of information. When giving information, verify the customer is authorized to receive it. Disclose only what is necessary when giving information to authorized third parties.

(3) Answering machines and voice mail are frequently used when communicating with taxpayers, representatives, and other IRS employees. These systems are not secure and must not be used to transmit sensitive information, including tax information, except as provided in IRM 10.5.1.6.7.2, Answering Machine or Voicemail.

(4) Privacy, Governmental Liaison and Disclosure has developed rules to deal with disclosures of Sensitive but Unclassified (SBU) information (including Personally Identifiable Information (PII) and tax information) when using cell phones or other cordless devices. Refer to IRM 10.5.1.6.7.1, Cell Phone or Cordless Device. The definitions for PII and SBU are in IRM 10.5.1, along with examples and exceptions.

(5) IRM 21.2.3, Transcripts, provides information regarding the Services policy to cease faxing taxpayer transcripts.

(6) Answers to other questions on Disclosure, the Freedom of Information Act (FOIA), and the Privacy Act, can be found in IRM 11.3.1, Introduction to Disclosure. Additionally, the Disclosure and Privacy Knowledge Base site offers information on multiple topics, including who can access tax data, through the “Access and Authorization” link. If you still have disclosure questions after reviewing the information on this site, consult with your lead or manager. Disclosure has a Help Desk, and the number can be found under “Disclosure Basics and Contacts,” “Contact Disclosure.”

(7) Employees must report any inadvertent disclosure of sensitive information, whether it be electronically, verbally or in hardcopy form, or the loss or theft of an IT asset or ‘Bring Your Own Device’ (BYOD) Asset, within one hour by filling out the appropriate form located on the Disclosure and Privacy Knowledge Base site. Go to the Report Losses, Thefts or Disclosures of Sensitive Data; Report Lost or Stolen IT Assets and BYOD Assets page at https://irsgov.sharepoint.com/sites/ETD-KMT-KB003/SitePages/Privacy/Report_Losses_Thefts_Disclosures/Report_Losses_Thefts_Disclosure.aspx. Also refer to IRM 10.5.4, Privacy and Information Protection, Incident Management Program.

(1) The Taxpayer Advocate Service (TAS) is an independent organization within the IRS whose employees assist taxpayers in resolving tax problems not resolved through normal channels, or who believe an IRS system or procedure isn’t working as it should. Criteria that qualify taxpayers for TAS assistance include economic burden, systemic burden, best interest of the taxpayer, and public policy (as determined solely by the National Taxpayer Advocate (NTA)). TAS is responsible for assisting taxpayers who have unresolved problems with the IRS. See IRM 13.1.7, Taxpayer Advocate Service (TAS) Case Criteria, if additional information is required.

(2) While the IRS is continually working to serve customers in a quality manner, some taxpayers still have difficulty getting solutions to their problems or getting timely and appropriate responses to their inquiries. Per IRC 7803(c), Congress established the Office of the Taxpayer Advocate (referred to as TAS) and its functions within the IRS to assist these taxpayers. The Case Advocate will conduct an independent review of actions taken or need to be taken to resolve the problems taxpayers are experiencing.

(3) Employees should not view TAS Case Criteria as a means of excluding taxpayers from TAS, but rather, as a guide to TAS case acceptance. The criteria under which TAS accepts a case should not govern whether a taxpayer is entitled to relief.

(4) Refer taxpayers to the Taxpayer Advocate Service when the contact meets TAS 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 these "same day" cases to TAS unless they meet TAS criteria and the taxpayer asks to be transferred to TAS. Refer to IRM 13.1.7.5, Same Day Resolution by Operations. When referring cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Assistance Order), and forward it to TAS in accordance with your local procedures.

(5) An IRS employee should make a referral to TAS if the employee receives a taxpayer contact and cannot initiate action to resolve the inquiry or provide the relief requested. A taxpayer does not have to specifically request TAS assistance to be referred to TAS. IRS employees will advise taxpayers of the option to seek TAS assistance when appropriate. TAS will request documentation from the taxpayer if it is needed to support the requested relief or required by the IRM.

(6) The following types of cases should not be referred to TAS:

1. Cases where the taxpayer's complaint or inquiry only questions the constitutionality of the tax system; or

2. Cases where the focus of the taxpayer's inquiry is solely to employ frivolous tax strategies to avoid or delay filing federal tax returns or paying federal taxes.

(1) The Office of Privacy, Governmental Liaison and Disclosure (PGLD) is responsible for protecting the sensitive information and privacy of taxpayers and employees; ensuring only authorized disclosures and data. Identity theft is a crime where someone unlawfully possesses, transfers, or uses another’s identifying information in connection with an unlawful activity. Information can include but is not limited to a Social Security Number (SSN), birth date, address, bank account Information, and tax records.

(2) If you receive a call from a taxpayer who has received a suspicious, bogus, or phishing email claiming to be from the IRS, advise the taxpayer to send (forward) the email to the electronic mailbox, phishing@irs.gov. The IRS does not:

• Initiate taxpayer communications through email

• Request detailed personal information through email

• Send email requesting PIN numbers, passwords or similar access information for credit cards, banks, or other financial accounts

(3) SeeIRM 21.1.3.23, Scams (Phishing) and Fraudulent Schemes, and IRM 25.23, Identity Protection and Victim Assistance, for additional information. Also visit the Disclosure and Privacy Knowledge Base Site for additional information at Disclosure and Privacy Knowledge Base - Home (sharepoint.com).

(1) The following is a list of publications used by TSO to provide general information and self-help tools related to the filing of information returns. The list is not all inclusive.

• Publication 15, (Circular E), Employer's Tax Guide

• Publication 15-A, Employer's Supplemental Tax Guide

• Publication 15-B, Employer's Tax Guide to Fringe Benefits

• Publication 17, Your Federal Income Tax (For Individuals)

• Publication 51, (Circular A), Agricultural Employer's Tax Guide

• Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad

• Publication 334, Tax Guide for Small Business (For Individuals Who Use Schedule C or C-EZ)

• Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities

• Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers

• Publication 521, Moving Expenses

• Publication 525, Taxable and Nontaxable Income

• Publication 535, Business Expenses

• Publication 560, Retirement Plans for Small Businesses (SEP, SIMPLE, and Qualified Plans)

• Publication 575, Pension and Annuity Income

• Publication 590-A, Contributions to Individual Retirement Arrangements (IRAs)

• Publication 590-B, Distributions from Individual Retirement Arrangements (IRAs)

• Publication 926, Household Employer's Tax Guide

• Publication 957, Reporting Back Pay and Special Wage Payments to the Social Security Administration

• Publication 963, Federal-State Reference Guide

• Publication 969, Health Savings Accounts and Other Tax-Favored Health Plans

• Publication 970, Tax Benefits for Education

• Publication 1141, General Rules and Specifications for Substitute Forms W-2 and W-3

• Publication 1179, General Rules and Specifications For Substitute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns

• Publication 1187, Specifications for Electronic Filing of Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding

• Publication 1220, Specifications for Electronic Filing of Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G

• Publication 1223, General Rules and Specifications for Substitute Forms W-2c and W-3c

• Publication 1239, Specifications for Electronic Filing of Form 8027, Employer's Annual Information Return of Tip Income and Allocated Tips

• Publication 1281, Backup Withholding for Missing and Incorrect Name/TIN(s)

• Publication 1516, Specifications for Electronic Filing of Forms 8596, Information Returns for Federal Contracts

• Publication 1586, Reasonable Cause Regulations and Requirements for Missing and Incorrect Name/TINs

• Publication 1779, Independent Contractor or Employee

• Publication 1976, Do You Qualify for Relief under Section 530?

• Publication 4341, Information Guide for Employers Filing Form 941 or Form 944

• Publication 4810, Specifications for Electronic Filing of Form 8955-SSA, Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits

• Publication 5164, Test Package for Electronic Filers of Affordable Care Act (ACA) Information Returns (AIR)

• Publication 5165, Guide for Electronically Filing Affordable Care Act (ACA) Information Returns for Software Developers and Transmitters

• Publication 5258, Affordable Care Act (ACA) Information Returns (AIR) Submission Composition and Reference Guide

• Publication 5717, Information Returns Intake System (IRIS) Taxpayer Portal User Guide

• Publication 5718, Information Returns Intake System (IRIS) Electronic Filing Application to Application (A2A) Specifications

• Publication 5719, Information Returns Intake System (IRIS) Test Package for Information Returns

(2) The following lists instructions, forms, and other reference material TSO may refer the customer to provide general information and self-help tools related to the filing of information returns. The list is not all inclusive.

• Form 8027, Employer's Annual Information Return of Tip Income and Allocated Tips

• Form 8508, Application for a Waiver from Electronic Filing of Information Returns

• Form 8809, Application for Extension of Time to File Information Returns

• Form 8955-SSA, Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits

• Form 10301, CD Encryption Code Authorization for CP2100/972CG Notices

• General Instructions for Certain Information Returns (Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G)

• General Instructions for Forms W-2 and W-3

• Instructions for Form W-9

• Instructions for the Requester of Form W-9

• Instructions for Forms 1094-B and 1095-B

• Instructions for Forms 1094-C and 1095-C

• Instructions for Form 1096

• Instructions for Form 1097-BTC

• Instructions for Form 1098

• Instructions for Form 1098-C

• Instructions for Forms 1098-E and 1098-T

• Instructions for Form 1098-F

• Instructions for Form 1098-Q

• Instructions for Forms 1099-A and 1099-C

• Instructions for Form 1099-B

• Instructions for Form 1099-CAP

• Instructions for Form 1099-DIV

• Instructions for Form 1099-G

• Instructions for Forms 1099-INT and 1099-OID

• Instructions for Form 1099-K

• Instructions for Form 1099-LS

• Instructions for Form 1099-LTC

• Instructions for Forms 1099-MISC and 1099-NEC

• Instructions for Form 1099-PATR

• Instructions for Form 1099-Q

• Instructions for Forms 1099-R and 5498

• Instructions for Form 1099-S

• Instructions for Form 1099-SB

• Instructions for Forms 1099-SA and 5498-SA

• Instructions for Forms 3921 and 3922

• Instructions for Form 5498-ESA

• Instructions for Forms W-2G and 5754

(1) CSS receives inquiries via telephone and email.

(2) When receiving inquiries through the telephone take the following actions:

• Greet the customer

• Provide professional and courteous service

• Probe the customer

• Target the customer's issue

• Authenticate as appropriate

• Research the applicable resources

• Provide the applicable general guidance and self-help documents (Form Instructions, Publications, etc.)

• Refer if appropriate

• Verify customer's comprehension

• Close the conversation

(3) You may receive inquiries through the EHSS email system. When responding to the inquiry perform the following actions:

• Determine the customer's issue

• Create your response

• Prepare complete and professional answers

• Use prepared answers from Knowledge Articles (Solutions), if available

• Refer questions to other functions. See IRM 21.3.11.4.2, Referring Customer to Other Areas and Resources

• Provide appropriate sources to address the issue(s) (e.g., publications, specific form instructions, etc.)

• Review your response

• Ensure the response is professional and courteous

• Ensure the response doesn’t quote tax law and doesn’t include opinion or interpretation of tax law

(4) When providing an answer, cite the appropriate reference that supports the answer provided (e.g., publications, form instructions, IRMs, etc.). Citing an appropriate reference while speaking to the customer ensures the information/answer provided is accurate. Additionally, by confirming the reference, we are educating the customer. In some instances, a reference may not be required. A reference is not necessary when you cannot answer the customer's question(s) and must refer or transfer a call without providing a response.

(1) Questions relating to the following forms should be referred as follows:

(2) To address calls related to other unsupported products not listed above see Knowledge Management Article (Solution) KM000243, EPSS and Unsupported Product Contact Information.

(1) The FIRE System is how transmitters send information returns electronically to the IRS. It is an internet-based system. The address is https://fire.irs.gov FIRE Production System or https://fire.test.irs.gov to connect to the FIRE Test System.

(2) If customers question whether they are required to file electronically, probe to determine the type of forms they are filing. Then provide them with an appropriate source to the information, such as a link to the:

• General Instructions for Certain Information Returns, Publication 1220, Specifications for Electronic Filing of Forms 1097, 1098, 1099, 3921, 3922, 5498 and W-2G

• Publication 1187, Specifications for Electronic Filing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding

• Publication 1239, Specifications for Electronic Filing of Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips

• Publication 4810, Specifications for Electronic Filing of Form 8955-SSA. Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits.

(3) If they have 10 or more, they are required to file them electronically unless they are granted a waiver with Form 8508, Application for a Waiver from Electronic Filing of Information Returns, from the electronic filing requirement. Customers requesting information for Form 1042-S, Form 8027, or Form 8955-SSA should be directed to FIRE Support.

(4) If they have less than 10 and it is prior to February 28 (February 29 if a leap year), they can do one of the following:

• File the forms on paper.

• Buy software to produce the file themselves.

• File the returns through a third party or transmitter.

(5) If the customer decides to buy software, explain procedures to apply for a Transmitter Control Code (TCC). The Information Returns (IR) Application for Transmitter Control Code (TCC) located on the FIRE webpage must be used to apply for a TCC. Advise the customer a transmitter must have an EIN to receive a TCC. Social Security Numbers (SSN) are not accepted when applying for a TCC to file returns electronically. See IRM 3.42.9.7 Information Returns (IR) Application for Transmitter Control Code (TCC) and Information Return Intake System Application for TCC, for additional information.

(6) If they have 10 or more forms or it is after February 28 (February 29 if a leap year),

• Inform the customer they could be subject to a penalty if they file on paper.

• Inform the customer they can search the web for software and third party providers.

(1) Issuers and Transmitters are required to use the Information Returns (IR) Application for Transmitter Control Code (TCC) to request an original or additional TCC via IRS.gov.

(2) The Information Returns Application for Transmitter Control Code, also referred to as IR TCC or IR Application for TCC, is an on-line application housed within the External Systems Access Management (ESAM) platform accessible to the external customer via the Registered User Portal (RUP). For more information, see IRM 3.42.9.7 Information Returns Application for Transmitter Control Code (TCC) and Information Return Intake System Applications for TCC.

(3) Refer to Publication 1220 and Information Returns (IR) Application for Transmitter Control Code (TCC) for guidelines on requesting and maintaining a TCC.

(1) On January 23, 2023, the IRS opened the first phase of the Taxpayer Portal for the Information Returns Intake System (IRIS) platform. The portal is a free electronic filing system that issuers or transmitters may use to submit Form 1099 series information returns to the IRS. Additional information can be found on the E-File Forms 1099 with IRIS webpage located at https://www.irs.gov/iris. IRIS and the FIRE System are separate systems.

(1) This section provides information about the handling of calls received pertaining to Notice CP 2000.

(2) Generally, the calls TSO receives about the CP 2000 notices are from an employer or issuer that filed duplicate Forms 1099 or Forms W-2, Wage and Tax Statement. The notice could also be issued because an employer or issuer overstated the gross income of an employee or payee on an information return. Refer the customer to Understanding Your CP 2000 on IRS.gov.

(3) CP Notices 541 - 546 and CP 2000 are commonly referred to as "C" notices or underreporting notices because they relate to IRC 3406(a)(1)(c). TSO employees are not trained to answer questions about CP Notices 541 - 546. Advise the customer to respond to the notice.

(4) When calls about CP 2000 notices are received, the assistor must verify the type of notice and the number of payees/employees involved.

• If there is only one payee/employee involved, advise the customer to file a corrected return. Copy A must be filed with the IRS or SSA, a copy must also be provided to the payee/employee along with a letter of explanation as to how the error was made. The payee/employee will then have to answer the notice and provide a copy of the corrected form and letter of explanation to the IRS.

• If the notice involves more than one payee/employee, CSS will create an Interaction and escalate the case to Information Filing Support (IFS) Lead Provider Group. The computer assistants in IFS are trained to research the files to determine the error(s) and take corrective actions.

(5) The computer assistants must refer to IRM 3.42.9.14, Underreporter Inquiries, for procedures.

(1) This section provides guidelines for identifying and resolving inquiries concerning Computer Paragraph (CP) Notice CP 2100 and Notice CP 2100A.

(2) Notice CP 2100 and Notice CP 2100A calls are the largest volume of inquiries TSO receives during a typical year. The notices are commonly referred to as "B" notices because they relate to IRC 3406(a)(1)(A) and (B). This code section requires issuers to withhold a percent of certain payments they make to recipients of Form 1099. This is called backup withholding. See Publication 1281, Backup Withholding on Missing and Incorrect Name/TINs (Including Instructions for Reading Tape Cartridges and CD/DVD Formats).

(3) Filers of a Form 1099 (subject to backup withholding) can receive notification from the IRS that they have filed forms with incorrect payee names and Taxpayer Identification Numbers (TINs) or have filed forms with missing payee TINs.

(4) There are two seasons for mailing of these notices; September - October and April. The largest mailing is the September - October time frame.

(5) The notice contains a one-page letter and a listing of the payee names identified by the IRS as having a Possible Payee Name/TIN Discrepancy. TSO assists the customer in determining the correct action to take in response to the notice.

(6) If 50 or fewer error documents are reported on the listing, a Notice CP 2100A is issued. If more than 50 error documents are reported, a Notice CP 2100 is issued. If there are 250 or more errors, the issuers are issued a CD/DVD.

(7) Publication 1281, Backup Withholding for Missing and Incorrect Name/TINs, (including instructions for reading CD/DVD formats) is your source of information for responses to questions about Notices CP 2100/CP 2100A.

(1) Calls are received in TSO about the mis-classification or proper worker classification of individuals for employment tax purposes. When employers call because they received a notice from the IRS stating they treated an employee as a non-employee, the customer must follow the instructions in the notice and in Publication 15, (Circular E), Employer's Tax Guide, to help explain the actions required. You may also refer the customer to Publication 4341,Information Guide for Employers Filing Form 941 or Form 944 - Frequently Asked Questions about the Reclassification of Workers as Employees.

(2) Employers may also qualify for relief from payment of employment taxes under Section 530 of the Revenue Act of 1978. Refer customer to Publication 1976, Do You Qualify for Relief Under Section 530?

(3) Announcement 2012-45 provides information about the Voluntary Classification Settlement Program (VCSP). This program provides an opportunity for taxpayers to reclassify workers as employees with partial relief from employment taxes if certain requirements are met.

(1) An Individual Taxpayer Identification Number (ITIN) is a nine-digit number issued by the IRS to individuals who are required for U.S. tax purposes to have a U.S. Taxpayer Identification Number but who do not have, and are not eligible to obtain, a SSN.

(2) Advise individuals to file Form W-7,Application for IRS Individual Taxpayer Identification Number, to apply for an IRS Individual Taxpayer Identification Number (ITIN).

(3) The ITIN is for federal tax purposes only. It does not entitle individuals to Social Security benefits and does not change their immigration status or their right to work in the United States.

(4) If a customer is questioning where to report a payment made to someone who provides an ITIN, certain actions must be taken. The issuer is required to use certain presumption rules to determine the following:

• The status of the payee as a U.S. or foreign person and,

• The classification of the payee as an individual, trust, estate, corporation, or partnership.

(5) Advise the customer to follow the detailed information in the General Instructions for Certain Information Returns (Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G), and Publication 1281, Backup Withholding for Missing Incorrect Name/TIN(s), when answering these questions.