Part 3. Submission Processing
Chapter 28. Special Processing Procedures
Section 2. Information Referral Process for Form 3949-A
3.28.2 Information Referral Process for Form 3949-A
Manual Transmittal
November 16, 2023
Purpose
(1) This transmits revised IRM 3.28.2, Special Processing Procedures, Specialized Screening Process for Specific Form 3949-A Criteria.
Material Changes
(1) IRM 3.28.2.1.4 - Removed EQSP system for Quality Review. IPU 23U0824 issued 07-13-2023.
(2) IRM 3.28.2.1.4(1)(3)(6)(7) – Program and Management Review – Added additional responsibilities for Manager, TE and clerical. IPU 23U0094 issued 01-13-2023.
(3) IRM 3.28.2.1.5(1) - Acronym Definitions - Added NEC and PMF.
(4) IRM 3.28.2.2(1) - Research - Removed reference to IRM 3.28.1. IPU 23U0824 issued 07-13-2023.
(5) IRM 3.28.2.2(1)(d) - Research - Removed BOD 5A and 5B. IPU 23U0824 issued 07-13-2023.
(6) IRM 3.28.2.3.1(1)(3) – Issue Identification – Removed references to IRM 3.28.1 and TIGTA complaint reference. IPU 23U0094 issued 01-13-2023.
(7) IRM 3.28.2.3.2(2) - Multiple Issue Identifications - Added information if BOD is TE/GE, then Route to TE/GE, added Multiple Issues for SBSE Field and Specialty.
(8) IRM 3.28.2.3.5(6) - Non-Filer Criteria - Adding tolerance for BOD criteria validation.
(9) IRM 3.28.2.3.5(7) - Initial Research - Removed reference to IRM 3.28.1. IPU 23U0824 issued 07-13-2023.
(10) IRM 3.28.2.4 - Initial Screening Criteria- Changed title to Initial Screening Criteria and added in all BOD criteria. IPU 23U0824 issued 07-13-2023.
(11) IRM 3.28.2.4 – Initial Screening Criteria – Added Exception to IDT BOD 12 to not route when child is being claimed by another parent and refer to WI Exam. IPU 23U0094 issued 01-13-2023
(12) IRM 3.28.2.4 – Initial Screening Criteria – Clarified BOD initial screening criteria for multiple BODS.
(13) IRM 3.28.2.4(1) NOTE - Initial Screening Criteria - Removed reference to IRM 3.28.1. IPU 23U0824 issued 07-13-2023.
(14) IRM 3.28.2.5 - Issue Identification Small Business/Self Employed (SBSE) Campus Exam (BOD 1a) – Removed paragraph 2, 3 and 4.
(15) IRM 3.28.2.5.2 - Non-Filer Criteria - Clarified instructions for IRPTRL definer J and clarified instructions. IPU 23U0824 issued 07-13-2023.
(16) IRM 3.28.2.5.2 – Non-Filer Criteria – Clarified instructions and added into a table.
(17) IRM 3.28.2.7 - Issue Identification Small Business/Self Employed (SBSE) Field Exam (BOD 4) - Clarified instructions and added into a table.
(18) IRM 3.28.2.7(5) NOTE - Issue Identification Small Business/Self Employed (SBSE) Field Exam (BOD 4) – Removed reference to IRM 3.28.1. IPU 23U0094 issued 01-13-2023
(19) IRM 3.28.2.10.1 - Issue Identification Employment Tax – Clarified instructions on MFT’s to send to BOD.
(20) IRM 3.28.2.10.2 - Issue Identification Estate Tax and Gift Tax - Clarified instructions and added into a table.
(21) IRM 3.28.2.10.3 – Issue Identification Excise Tax - Added Specific criteria on what must be included when sending to Excise Tax.
(22) IRM 3.28.2.11(5) NOTE - Issue Identification Collection Policy -(BOD 22). Removed reference to IRM 3.28.1. IPU 23U0824 issued 07-13-2023.
(23) IRM 3.28.2.11(6) – Issue Identification Collection Policy – Added clarification on referrals routed.
(24) IRM 3.28.2.12 - Issue Identification LB&I -(BOD 16a and 16b) - Removed reference to IRM 3.28.1. IPU 23U0824 issued 07-13-2023
(25) IRM 3.28.2.12.1 - Issue Identification LB&I - (BOD 16a and 16b) - Added information if incorrect W-2, 1099, 940 or 941 to route to Employment tax.
(26) IRM 3.28.2.14 - Quick Reference Entity Clerical Routing Guide – Removed technical guidance from BOD 18. IPU 23U0094 issued 01-13-2023
(27) IRM 3.28.2.14 - Quick Reference Entity Clerical Routing Guide – Added correct routing address for BOD 26. IPU 23U0094 issued 01-13-2023
(28) Editorial Changes have been made throughout this IRM to correct spelling, grammar, plain language, web addresses and links.
(29) IRM references listed have been validated and changed throughout this IRM.
Effect on Other Documents
IRM 3.28.2, Special Processing Procedures, Specialized Screening Process for Specific Form 3949-A Criteria,(effective January 1, 2024), is superseded. The following IRM Procedural Update (IPU) were incorporated into this IRM: IRM: IPU 23U0094 issued 01-13-2023 and IPU 23U0824 issued 07-13-2023.
Audience
This IRM section provides guidance for Wage and Investment, Submission Processing Ogden Campus personnel.
Effective Date
(01-01-2024)
James L. Fish
Director, Submission Processing
Wage and Investment Division
Program Scope and Objectives
(1) Purpose: This Internal Revenue Manual (IRM) section contains instructions for procedures of the technical review process for routing and intake of the Form 3949-A, Information Referral.
Describes the research involved for each pre-determined sort of the Form 3949-A requiring Integrated Data Retrieval System (IDRS) research based on the request of the receiving Business Operating Division (BOD).
Establishes the BOD requirements to allow research and authenticate the credibility of the submission of Form 3949-A.
(2) Audience: These procedures apply to Wage and Investment (W&I) Submission Processing personnel located in Ogden. Due to the decision to consolidate additional campuses in Submission Processing, Fresno Campus closed in 2021. The Form 3949-A Information referral program will transition to the end state site Ogden Processing center.
(3) Policy Owner: Director of Submission Processing.
(4) Program Owner: The Post Processing Section of the Specialty Programs Branch in Submission Processing.
(5) Primary Stakeholders: The primary stakeholders are the Tax Examiners (TEs) who rely on the IRM for accurate processing procedures related to the screening process of Form 3949-A. Other areas that may be affected by these procedures include:
Large Business and International (LB&I)
Return Preparer Office (RPO)
Small Business/Self Employed (SBSE) Field Exam
Small Business/Self Employed (SBSE) Campus Exam
Wage and Investment (W&I) Campus
Specialty Tax
Tax and Government Entities (TE/GE)
Exempt Organization (EO)
Criminal Investigation (CI)
Collection Policy
Whistleblower Office (WO)
Small Business/Self Employed (SBSE) Claims Evaluation Unit (ICE)
(6) Program Goals: To reduce the number of misroutes or routing out nonspecific or non-credible tax violation allegations that do not warrant the submission meets examination standards of other Business Operating Divisions (BODs).
Background
(1) The production of this IRM is to provide instructions to screen individual and/or business allegations on Form 3949-A for factual potential tax violations. The IDRS research involves tax module analysis to warrant the submission meets examination standards based on criteria submitted from the receiving BODs. This BOD support will reduce the number of unfounded allegations and misroutes. Document Perfection Operation (DPO), Entity Tax Examiners in the Ogden Submission Campus will conduct the research. Due to the decision to consolidate additional campuses in Submission Processing, Fresno Campus closed in 2021. The Form 3949-A Information Referral Program has transitioned to the end state site Ogden Submission Processing Center.
Authority
(1) Title 26 of the United States Code (USC) 7801 and Code section 6103.
Responsibilities
(1) Submission Processing, Specialty Programs Branch, Post Processing Section is responsible for the content in this IRM. The IRM Author will make changes as needed and revise entire content once a year effective August 1st of each calendar year.
(2) The Director of Submission Processing is responsible for policy related to this IRM.
(3) The Post Processing Section manager is responsible for ensuring the IRM is timely submitted to Publishing each year.
Program Management and Review
(1) Manager is responsible to expedite all referrals by assigning, and monitoring the workflow to accomplish timely completion of the tasks required through this IRM.
(2) Managers are responsible for ensuring quality reviews are performed.
(3) Managers will monitor the reasons for referrals being destroyed and utilize a mechanism to track reasons the referrals were retained for destruction. Refer to Document 12990, Records and Information Management Records Control Schedules (RCS) 23, Item 64 c) Administration (NARA) to avoid inadvertent/unlawful destruction of records.
(4) Managers will monitor referrals returned and record the date, quantity, area and reason the referral was returned.
(5) Managers must ensure internal control responsibilities are carried out in relation to Separation of Duties. Key duties and responsibilities in authorizing, processing recording, reviewing transactions and handling related assets (e.g., preparing inventory reports), must be separated among individuals to reduce the risk of error or fraud. No one individual should control all key aspects of a transaction or event.
(6) Entity Tax Examiners are responsible for following instructions contained in the IRM.
(7) Entity Clerical is responsible to expeditiously route all completed referrals to the appropriate BOD a minimum of once a week.
Acronym Definitions
(1) A list of some of acronyms used in this IRM are found below. This list is not all inclusive. For details on other acronyms, please refer to the Acronym Database at http://rnet.web.irs.gov/Resources/Acronymdb.aspx
ACRONYM | DEFINITION |
---|---|
BOD | Business Operating Division |
BMF | Business Master File |
CC | Command Code |
CI | Criminal Investigation |
EITC | Earned Income Tax Credit |
EO | Exempt Organization |
FRP | Frivolous Return Program |
FYM | Fiscal Year Month |
ICE | Initial Claims Evaluation Unit |
IDRS | Integrated Data Retrieval System |
IMF | Individual Master File |
ITG | Indian Tribal Government |
RIVO | Return Integrity and Verification Operation |
LB&I | Large Business and International |
MFT | Master File Tax Code. |
NEC | Non-Employee Compensation |
OFP | Organization, Function and Program Code. |
OIC | Offer In Compromise |
PMFOL | Payer Master File on Line |
RICS/RIVO | Return Integrity and Compliance Services/Return Integrity and Verification Operation |
SBSE | Small Business/Self Employed |
SERP | Servicewide Electronic Research Program |
SP | Submission Processing |
TE/GE | Tax Exempt and Government Entities |
TIGTA | Treasury Inspector General for Tax Administration |
TIN | Taxpayer Identification Number is a number used to identify an individual or business entity. It can be a:
|
W&I | Wage and Investment |
WO | Whistleblower Office |
Related Resources
(1) The following IRMs and publications are used in conjunction with this IRM section:
IRM 1.11.2, Internal Management Document System, Internal Revenue Manual (IRM) Process
IRM 2.3, IDRS Terminal Responses
IRM 2.4, IDRS Terminal Input
Internal Revenue Manual (IRM) Deviations
(1) Service Center Directors, Headquarters Branch Chiefs, and Headquarter Analysts do not have the authority to approve deviations from IRM procedures. Any request for an exception or deviation to an IRM procedure must be elevated through appropriate channels for executive approval. This will ensure other functional areas are not adversely affected by the change, and it does not result in disparate treatment of taxpayers.
(2) See specific guidelines in IRM 1.11.2, Internal Management Documents System, Internal Revenue Manual (IRM) Process. Request for an IRM deviation must be submitted in writing and signed by the Field Director, following instructions from IRM 1.11.2.2.4, when procedures deviate from the IRM.
(3) The Program Owner will coordinate any disclosure issues. No deviations can begin until reviewed by the Program Owner and approved at the Executive Level. All requests must be submitted to the Submission Processing Headquarters IRM Coordinator.
Research
(1) Information Referrals with the following Business Operating Division (BOD) criteria will require additional screening.
SBSE Campus Exam - BOD 1A and 1B
W&I Classification - W&I Exam - BOD 3
SBSE Field Exam - BOD 4
CI Financial Crimes - BOD 5
RICS/RIVO - BOD 6
Specialty Tax- BOD 7
WO- Initial Claims Evaluation Unit - BOD 8
LB&I - BOD 16A and 16B
Return Preparer Misconduct - BOD 17 and 18
Collection Policy BOD 22
(2) If the referral allegation leads to additional screening and the TIN is missing or incomplete. Conduct IDRS research to verify or find the TIN. If the TIN could not be located, the referral should be placed in File Maintenance Retention. For information on File Maintenance Retention see IRM 3.28.2.3.5, Initial Research.
(3) Ensure the criteria is function appropriate prior to routing. Read the referral allegation in conjunction with the selected criteria in the referral and determine the BOD to follow criteria to compare on IDRS against Form 3949-A , Information Referral. Use SERP - IDRS Command Code Job Aid - Job Aids (irs.gov) for assistance (e.g., command codes INOLE, RTVUE, IMFOL, IRPTR, ENMOD), which is available on Servicewide Electronic Research Program (SERP).
(4) Submission Processing (SP) officials and managers must communicate security standards to their employees and establish methods for enforcement. Refer to IRM 1.4.6, Managers Security Handbook, for more information.
(5) Employees are responsible for taking the required precautions to provide security for documents, information and property handled while performing official duties.
Authorized Integrated Data Retrieval System (IDRS) Access
(1) The modules accessed on IDRS is only permitted to accomplish the official duties of the examiner.
(2) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
What is Form 3949-A?
(1) The Form 3949-A is a tax related public use form submitted voluntarily by customers to report alleged violations of tax law by individuals and businesses to the IRS and remain confidential.
(2) Specific information provided may be helpful in an investigation and may include who is being reported, the type of activity being reported and how it became known, when the alleged violation (s) took place, the amount of money involved.
(3) The tax violations may involve:
False Exemption
False Deductions
Multiple Filings
Organized Crime
Unsubstantiated Income
Earned Income Credit
Public/Political Corruption
False/Altered Documents
Unreported Income
Narcotics Income
Kickback
Wagering/Gambling
Failure to Withhold Tax
Failure to Pay Tax
Failure to File Return
Other
Issue Identification
(1) Form 3949-A is used to report potential tax violations but does not have to be included when reporting a tax violation. When Form 3949-A is submitted, the submissions will be worked by tax examiners reviewing Section B 3 “Alleged Violation” and/or keywords/key phrases in Section B 5 on Form 3949-A.
(2) Consider each form on its own merit when multiple Forms 3949-A are attached.
(3) Review the submission against IDRS to determine whether the submission contains specific and credible data for a potential federal tax issue.
(4) If analysis disproves the allegation as factual, route to retention.
(5) When a Form 3949-A information referral requires conversion, notate in the top left corner of the document what you are converting the referral to. Include referring BOD in the top right corner. Make sure that all edit marks are made in RED pen only and date stamp in the top left.
Multiple Issue Identifications
(1) Identify multiple issues and determine if it involves multiple BODs. If analysis disproves the authenticity on one sort, continue with analysis to authenticate all issues.
(2) If the issues identified concern multiple BODs, identify all BODs and prioritize and route appropriately following If Then table.
If... | Then... |
---|---|
A. Multiple issues and CI (BOD 5) criteria is authenticated, | Route to CI.(BOD 5) |
B. Multiple issue and SBSE Campus (BOD 1) and SBSE Field (BOD 4)is authenticated, | Route to SBSE Field.(BOD 4) |
C. Multiple Issues involving SBSE Field (BOD 4) and Specialty (BOD 7), | Route to SBSE Field (BOD 4). |
D. Multiple issue involving LB&I (BOD 16) and SB(BOD 4), | Route to SBSE Field. (BOD 4) |
E. Multiple issues involving TE/GE (BOD 7 and SB, | Route to TE/GE (BODs 9-11) if BOD code is TE/GE, if not route to SBSE Field (BOD 4). |
F. Unable to determine, | Refer to Lead. Lead will elevate to Campus or HQ Analyst. |
Form 3949-A Digital External Referral Process
(1) Form 3949-A referrals may be received digitally through the Document Upload Tool (DUT) from the taxpayer or uploaded digitally by an IRS employee.
(2) Digitally received referrals follow the same routing process as the paper referral process. However, the following differences exist:
Submission Processing (SP) employees may receive incorrectly routed referrals returned when the receiving Business Operating Division (BOD) does not know where referral belongs. If the receiving BOD knows where the referral belongs, then the receiving BOD will forward the referral to the correct BOD via the Enterprise Case Management (ECM) tool.
Digital routing via ECM requires no physical mailing. The SP employee selects the correct receiving BOD from the drop down menu.
Any additions or changes to the TIN field requires a comment.
(3) Referrals should be processed in a First-In, First-Out (FIFO) order.
Form 3949-A Written in a Foreign Language
(1) When a Form 3949-A is received written in a language other than English, please follow the guidelines located in IRM 22.31.1.5.1.1, Requesting Translations of Non-Vital Documents from Certain Languages into English. These should be routed weekly. See Forms And Publications - Request Translation Services (irs.gov)
Initial Research
(1) Each BOD determines the acceptance criteria of the Information Referral. Criteria differs for each sort and should be followed as outline in the IRM.
(2) Use the initial research steps on all issues.
(3) The tax examiner will use red pencils on the paper referral to indicate:
The screener identification
The date researched
Sort change, circle out incorrect sorts
PBC or MFS
If sending to File Maintenance-Retention, document findings as instructed in paragraph 8 below
(4) Using IDRS, validate the taxpayer or business matches the Form 3949-A. Perform additional research to identify and validate the taxpayer, spouse or business. If TIN is not on Form 3949-A but a TIN is located, please write correct TIN on Form 3949-A. If TIN identification cannot be made, return to clerical for retention.
(5) Some categories require validation of the appropriate responsibility for the account by reviewing the BOD. The following describes the BOD code and defines the organization.
LM - LB&I Large Business and International
WI - Wage and Investment
SB - Small Business/Self Employed
TE - Tax Exempt/Government Entity
(6) Validate the tax year and/or tolerance if BOD criterion is applicable on Form 3949-A, using IDRS or as instructed in the specific sort.
(7) If verification of the taxpayer, business or allegation cannot be made, no other issues are listed in the information referral, and/or the criteria is not met, return the case to the clerical for retention. Do not identify any possible tax violations that are not relevant to the allegation indicated in the Information Referral.
(8) File Maintenance Retention files are maintained per IRM 3.28.2., Form 3949-A Information Referral Program. Specify one of the reasons listed below and write ”2” on the Information referral as to why the case is placed in retention.
No TIN located (IDRS research required)
Child Support
No tax issue
Tolerance Not Met (IDRS required)
Initial Screening Criteria
(1) Referrals should be routed directly to the BOD by following guidance below.
Note: After research, if unable to locate TIN, DO NOT refer to BOD, and route to retention.
If issue is... | And... | Then... |
---|---|---|
1a. SBSE Campus Exam
Note: This includes issues related to ex-spouses working and not filing taxes due to back child support, or a person has never filed taxes and is earning income.
|
| Dependents/Exemptions without EITC followIRM 3.28.2.5.1, Dependent without Earned Income Tax Credit (EITC) for Current Processing Tax Year and the Prior Tax Year. |
1b. SBSE Campus Exam
EXCEPTION:≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡EXCEPTION: Issues related to paid by cash, off the books, under the table, bartering refer to SBSE Field Exam (BOD 4). |
| Route to Internal Revenue Service CWI Analyst - MS 6640 1973 N. Rulon White Blvd. Ogden, UT 84404 |
2. File Maintenance
|
| Route to Retention |
3. W&I Classification-W&I Campus Exam
Note: Not to be confused with Earned Income that is unrelated to the Earned Income Tax Credit |
| Refer to IRM 3.28.2.6.1. |
4. SBSE Field Exam Issues
|
| Refer to IRM 3.28.2.7. |
5. CI Financial Crimes
| ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Note: Research INOLES to Check BOD Code. | Refer to IRM 3.28.2.8. |
6. RICS/RIVO | Involving one individual taxpayer | Refer to IRM 3.28.2.9. |
7. Specialty Tax
|
| Employment Tax Issues - proceed to IRM 3.28.2.10.1 |
8.Award Request
(Research IDRS for complainant TIN) |
| Route to Whistleblower Office - IRS Initial Claim Evaluation Team 1973 N Rulon White Blvd. Stop 4110 Ogden, UT 84404 |
9. Tax Exempt/Government Entities (TE/GE)Exempt Organizations (EO): NOTE: Organizations refers to organizations that are recognized by IRS as exempt from regular income tax that are set up as not-for-profit organizations.
(No IDRS Research Required) |
| Route to TE/GE / EO Group 7999 1100 Commerce St. Stop 4910 DAL Dallas, TX 75242 Attn: Classification |
10. Tax Exempt/Government Entities (TE/GE)Employee Plan (EP)
(No IDRS Research Required) |
| Route to TE/GE/EP - IRS EP Classification 1100 Commerce St. Stop 4910 DAL Dallas, TX. 75242 Attn: EP: Group 7693 |
11. Tax Exempt/Government Entities (TE/GE)Tax Exempt Bonds (TEB) Note: Items pertaining to Savings Bonds should not be referred to TEB :
Tax Exempt/Government Entities (TE/GE), Indian Tribal Governments (ITG)
Federal, State, or Local Government (FSLG) Entity Employment Tax Issues for the Entity can include wording such as:
(No IDRS research required) |
| Route to TE/GE/TEB - IRS 1100 Commerce St. Stop 4910 DAL Dallas, TX 75242 Attn: Referrals Group Manager Attn: TEB: Group 7212 Attn: ITG: Group 7289Attn: FSL: Group 7241 |
12. Identity Theft IDT (Tax Related) Self Reporting tax-related identity theft with or without substantiating documentation (e.g., police report/official ID) such as:
Exception: When it is indicated that the child is being claimed by another parent or guardian route to W&I Exam IF W&I Classification W&I Campus Exam criteria, including EITC tolerance is met refer to 3.28.2.6.(No IDRS research required) | Note: X out literalForm 3949-A and write in IDT 1
| Route to SP ICT, Ogden Mail Stop 6552 1973 N. Rulon White Blvd. Ogden, UT. 84404 |
13. Identity Theft (IDT)Self-Reporting IDT with Police Report but Non-Tax Related Form 3949-A Self-Reporting Non-Tax related identity theft (at risk of tax related identity theft) with or without substantiating documentation (e.g., police report/official ID) such as:
(No IDRS research required) | X out literal Form 3949-A and write in IDT 4 | Route to SP ICT, Ogden Mail Stop 6552 1973 N. Rulon White Blvd. Ogden, UT. 84404 |
14. BMF ID Theft (Business’ Identity or EIN Stolen to commit Tax Fraud)
(No IDRS research required) |
| Route to CAMC AM/EIN Stop 532G |
15. Live Returns Form 1040, or Form 1040-X |
| Route to Batching |
16a. Large Business & International
| Involving an individual taxpayer | Refer to IRM 3.28.2.12. |
16b. Large Business & International (BOD LM)
| Research INOLES for correct BOD Code. | Refer to IRM 3.28.2.12. |
17. Return Preparer Misconduct (RPM) without Form 14157 attached and the SSN owner is not seeking victim assistance (adjustment to their account or a refund) |
| Refer to IRM 3.28.2.13. |
18. Return Preparer Misconduct (RPM)
| Note: X out literal Form 3949-A and write in Form 14157-A RPM
| Refer to IRM 3.28.2.13. |
19. Phishing Receipts if:
(No IDRS research required) |
| Route to Internal Revenue Service Fredericksburg Relo 1320 Central Park Blvd. Fredericksburg, VA 22401 ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ |
20. Missing/Lost/Stolen Refund If the only issue is missing refund (TC 840 or TC 846). Note: If issue is Economic Impact Payment (EIP) or Advanced Child Tax Credit (ACTC) was sent to incorrect taxpayer DO NOT send to BOD 20. |
Note: If case is received in ECM notate in comments “No Tax Issue” prior to routing. |
|
21. Physical Items
| If item does not have potential taxpayer information and no Form 3949-A attached. Note: If item has potential taxpayer information and no Form 3949-A , elevate to HQ. | Route to IRS Tape Library 1250 Murall Drive Kearneysville, WV 25430 |
22. Collection Policy Issues: Lien, Levy Only |
| Refer to IRM 3.28.2.11. |
23. Form 3949, Information Report Referral (Print INOLES screen for individual listed in section A, box 1a-1g) for IMF or section A, box 2a-2g from BMF. |
| Refer to IRM 3.28.2.7(5). for Form 3949 routing. |
24. IRS Employee Misconduct, Threats, Impersonation I (No IDRS research required) |
| Route to TIGTA P.O. Box 589 Ben Franklin Station Washington, DC 20044-0589 |
25. National Security, Counter Terrorism and-Terrorism (financial support for domestic or international)
(No IDRS research required) |
| Route to Internal Revenue Service-Criminal Investigation (IRS-CI) 1111 Constitution Ave, NW Room 2535/2537 (SE:CI:GO:MO:N2S2) Washington, DC 20224 Attn: Senior Analyst, National JTTF Coordinator |
26. Debit Cards IRM 3.10.72.5.10 Processing Cash and handling of Currency and Items of Value IRM 3.10.72.5.10(2)Leave Form 3949-A Attached. (No IDRS research required) |
| Route to Internal Revenue Service Attn: RIVO External Lead Manager PO. Box 219981 . Kansas City, MO. 64121 |
27. Innocent Spouse
|
| Route to Small Business/Self-Employed Cincinnati Centralized Innocent spouse Operation (CCISO) 7940 Kentucky Drive, Stop 840 F Florence, KY 41042 |
Issue Identification Small Business/Self Employed (SBSE) Campus Exam (BOD 1a)
(1) SBSE Campus Examination Operations support administration of tax law by selecting returns to audit. The primary objective is to promote the highest degree of voluntary compliance on the part of the taxpayers.
Dependent without Earned Income Tax Credit (EITC) for Current Processing Tax Year and the Prior Tax Year
(1) Dependent without Earned Income Tax Credit (EITC) criteria only applies to current processing tax year or the immediate prior tax year when the year is specified. If the allegation does not list a tax year, consideration should only be made to the current processing tax year. If the tax year listed is not the current processing tax year or the immediately prior tax year (when specifically addressed in the referral), review the allegation to determine if other BOD criteria exists.
Note: Due to processing timeframes, the review may not include the current processing year. If validation cannot be made, follow normal processes to review for other BOD criteria. Consideration to the submission date would also determine which tax year is considered current and/or prior.
Example: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
Example: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
(2) Follow If Then Table: Follow If Then Table:
If... | Then... |
---|---|
A. If there is a TC 594 CC 084 on the Tax Module in question, | The return was filed under the X-REF TIN, use that TIN to perform research. |
B. If EITC is present (posted TC 764/768) on a year that meets the Dependents and EITC Criteria (Use CC IMFOLT), | Remove from sort and follow instructions in IRM 3.28.2.6.1, Dependents and EITC criteria. |
C. EITC is not present ( no posted TC 764/768 (Use CC IMFOLT), | Continue Research. |
D. TC 766 with Credit Reference Number (CRN) 336 is present (Use CC IMFOLT), | Route to Retention. |
E. If TC 766 with CRN 336 is not present, | Continue research. |
F. View the Child or Other Dependent Credit on CC RTVUE and ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡, | Route to Retention if no other BOD criteria exists. |
G. View the Child or Other Dependent Credit on CC RTVUE and ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡, | Continue research. |
H. Check for duplicate dependent TIN's by using CC DDBKD for the dependent TINs listed on the return and if there are less than two duplications for the year in question | Route to Retention if no other BOD criteria exists. |
I. Check for duplicate dependent TIN's by using CC DDBKD for the dependent TINS listed on the return and if there are two or more duplications for the year in question | Route to SBSE Campus Exam. |
J. . If no other criteria exists, | Route to Retention. |
Non-Filer Criteria
(1) When the allegation consists of Non-Filing for an Individual Tax Return, review the tax module to determine if the alleged has filed ≡ ≡ ≡ ≡ ≡ ≡ (regardless of the tax year referenced in the referral).
Note: When CC IMFOL with definer “I” Posted Return Value is SUBST4 or TC 150 posted for a particular year, consider that year as a filed year.
Note: Research CC IMFOL with definer “T” for non-filed years. If there is a TC 594, consider that year as a filed year.
If... | And... | Then... |
---|---|---|
A. Alleged has not filed any years listed above, | Allegation is related to unreported income, | Follow Non-Filer criteria research in the remainder of this IRM section for the non-filed years ≡ ≡ ≡ ≡ ≡ ≡. |
B. Alleged has not filed any years listed above, | Allegation is not related to unreported income (e.g. dependents, credits), | Route to retention. |
C. Alleged has filed all years , | Allegation is related to unreported income, | Proceed to IRM 3.28.2.7, Issue Identification Small Business/Self Employed (SBSE) Field Exam. |
D. Alleged has filed all years, | Allegation is not related to unreported income , | Route to retention if no other BOD criteria exists. |
(2) If the alleged has not filed a return for tax years #2018-2021#, continue to the “If…And…Then” chart below.
If... | And... | Then... |
---|---|---|
A. Taxpayer is deceased, |
| Route to Retention. |
B. Tax period in questions is not for ≡ ≡ ≡ ≡ ≡, |
| Route to Retention. |
C. Tax period in question is ≡ ≡ ≡ ≡ ≡ ≡, | IRPTR(J) SFR balance due for ≡ ≡ ≡ ≡ ≡ ≡ ≡ is less than ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ or IRPTR(J) is unavailable, | Route to Retention. |
D. Non filed tax year is ≡ ≡ ≡ ≡ ≡, | IRPTR(J) SFR balance due for ≡ ≡ ≡ ≡ ≡ ≡ is more than ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Note: Once ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ additional research on the other years is not required. | Route to SBSE Campus BOD 1A. |
Issue Identified W&I Campus Exam (BOD 3)
(1) W&I Campus Examination Operations supports administration of tax law by selecting returns to audit. The primary objective is to promote the highest degree of voluntary compliance on the part of the taxpayers.
Dependents and EITC Criteria
(1) When the year is specified, Dependents with Earned Income Tax Credit (EITC) criteria only applies to current processing tax year or the immediate prior year. If the allegation does not list a tax year, consideration should only be made to the current processing tax year. If the tax year listed is not the current processing tax year or the immediate prior tax year (when specifically addressed in the referral), review the allegation to determine if other BOD criteria exists.
(2) Conduct Initial review for selected referrals.
(3) Research IDRS using command code (CC) IMFOL with definer “T” to verify that the tax year contains a posted, unreversed, TC 764 and/or TC 768, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .
(4) If there is a posted, unreversed, TC 764 and/or TC 768,≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ continue processing as W&I Campus Exam criteria.
(5) For referrals that do not meet W&I criteria, refer to IRM 3.28.2.5.1, Dependent without Earned Income Tax Credit (EITC) for Current Processing Tax Year and the prior tax year to determine if allegation meets SBSE Campus Exam criteria.
If ... | Then route to... |
---|---|
A. Meets BOD criteria, | Supervisory Tax Specialist310 Lowell St. Stop 819 Andover, MA 01810Attn: Classification Manager (W & I Exam) |
B. Does not meet BOD criteria, | Route to Retention if no other BOD criteria exists. |
Issue Identification Small Business/Self Employed (SBSE) Field Exam (BOD 4)
(1) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
(2) Research CC IMFOL or BMFOL with definer “I” and CC INOLE with definer “S”.
If a -L freeze exists for any year, print CC AMDIS with definer “A”, attach AMDISA to the front of the referral, remove the referral from sort, and forward to the Primary Business Code (PBC) on the AMDISA using the PBC chart in paragraph 6 below.
If the taxpayer account is not established on INOLES, determine if the referral is more appropriately sorted to SB/SE Campus Exam (BOD 1a) under IRM 3.28.2.5.2, Non-Filer Criteria, before continuing sort.
(3) If the allegation is failure to file an individual or business income tax return (Form 1040, Form 1065, Form 1120, Form 1120-S), research CC IMFOL or BMFOL with definer “I” for the tax year indicated in the allegation to determine if a tax return was filed.
If a return is filed and there are no specific allegations of under-reported income, the allegation is invalid. Route to retention.
If a specific tax year is not listed in the referral, determine if the alleged has filed for ≡ ≡ ≡ ≡ ≡. If a return is filed and there are no specific allegations of under-reported income, the allegation is invalid. Route to retention.
(4) If a return is filed, research IMFOL(E) and BMFOL(E) to determine the fiscal year month of the taxpayer. Review the return on RTVUE, BRTVU, TRDBV or Modernized e-File (MeF) to determine if the allegations made in the referral are clearly invalid. If the allegation is clearly invalid, route to retention.
Example: If the allegation states that the taxpayer did not report a business run under the name of XYZ Landscaping and the Form 1040 reflects a Sch C for XYZ Landscaping, then the allegation is clearly invalid.
Example: If the allegation states that a landlord received $1,000 per month for 123 Main Street and didn’t report the income, but the landlord’s Form 1040 Schedule E reflects $12,000 gross rent for 123 Main Street, then the allegation is clearly invalid.
(5) If the referral is not removed from the sort or routed to retention based on the criteria above, continue to the “If…Then” chart below for additional sorting criteria. If no additional criteria exists for the issue, proceed to paragraph 6 to determine routing.
If... | Then... |
---|---|
A. Alleged unreported amount in referral is below the threshold outlined in paragraph 1 above, | Route to retention if no other BOD criteria exists. |
B. IMFOLI reflects -L freeze for any year or taxpayer account is not established on INOLES, | Following instructions in paragraph 2 above. |
C. Filed return indicates allegations made in the referral are clearly invalid (see paragraphs 3 and 4 above), | Route to retention if no other BOD criteria exists. |
D. Overreported or inappropriate farm or business expenses, | Route to retention if no other BOD criteria exists. |
E. Inappropriate dependents of filing status, | Route to retention if no other BOD criteria exists. |
F. Unreported share of Partnership or S-Corporation income by the partner/shareholder, | Partnership and S-Corporation income is reported on Sch E. Research IRPTR for K-1 filings that match the allegation and compare to filed return. If allegation is clearly invalid, route to retention. Otherwise, go to paragraph 6 to determine routing. |
G. Business Income (including Self- Employed individuals or, Independent Contractors) | For allegations against a business not reporting income, compare allegation to filed return (BMF return or IMF Sch C). If allegation is clearly invalid, route to retention. Otherwise, go to paragraph 6 to determine routing. |
H. Trust or Trustee Issues, | Trusts typically file Form 1041. Compare allegation to filed return. If allegation is clearly invalid, route to retention. Otherwise, go to paragraph 6 to determine routing, |
I. Capital Gain (insider trading) | Capital Gains are typically reported on Sch D. Compare allegation to filed return. If allegation is clearly invalid, route to retention. Otherwise, go to paragraph 6 to determine routing. |
J. Employee Income, | For allegations against an employee not reporting income, research IRPTR for W-2s or Form 1099s that match the allegation and compare to filed return. (W-2 income is reported as wages on page 1 of Form 1040. Form 1099 income is typically reported on Sch C.) If allegation is clearly invalid, route to retention. Otherwise, go to paragraph 6 to determine routing. |
K. Farm Income, | Farms are typically reported on Schedule F. Compare allegation to filed return. If allegation is clearly invalid, route to retention. Otherwise, go to paragraph 6 to determine routing. |
L. Lease/Rental Income, | Rents are reported on Schedule E. Compare allegation to filed return. If allegation is clearly invalid, route to retention. Otherwise, go to paragraph 6 to determine routing. |
(6) If the referral is not removed from the sort or routed to retention based on criteria above, use CC INOLE with definer “S” to determine the state where the taxpayer lives.
Determine the Primary Business Code (PBC) that corresponds to the taxpayer’s state using the chart below.
Note: California taxpayers are sorted by state and zip code.
Write the PBC on the referral.
Route to the BOD using the PBC chart below.
Note: If the taxpayer account has not been established on INOLES, use the address on the referral to determine the PBC
Note: If the address is a foreign address, route to LB&I.
Note: If a PBC is indicated other than those listed in the PBC chart below, elevate to P&A to elevate to HQ.
AREA NAME | PBC | STATES | Route to |
---|---|---|---|
North Atlantic | 201 | CT, MA, ME, NH, NJ, NY, RI, VT | Information Referral Coordinator Stop 41175 15 New Sudbury St. Boston, MA 02203 |
Central | 202 | DC, DE, IN, KY, MD, OH, PA, TN, VA, WV | Information Referral Coordinator MDP 43, Room 185801 Broadway Nashville, TN 37203 |
South Atlantic | 203 | FL, GA, NC, SC, Puerto Rico, U.S. Virgin Islands | Information Referral CoordinatorStop 4010, Room 2307850 SW 6th Court Plantation, FL 33324 |
Midwest | 204 | IA, IL, KS, MI, MN, MO, ND, NE, SD, WI | Information Referral Coordinator Stop 4032 STP, Suite 900 A30 E 7th St.ST. Paul, MN 55101 |
Gulf States | 205 | AL, AR, LA, MS, OK, TX | Information Referral Coordinator Stop 4031 HOU 1919 Smith St. Houston, TX 77002 |
Western | 206 | AK, CO, ID, MT, NV, OR, UT, WA, WY, CA CA zip codes 94000-96199 and 93620, 93623, 93635, 93661, 93665(default PBC when CA zip code is not available or undeterminable) | Information Referral Coordinator1301 Clay St. Ste. 940 S.Oakland, CA 94612 |
Southwest | 207 | AZ, HI, NM, CA | Information Referral CoordinatorMS 4060 300 North Los Angeles StreetLos Angeles, CA 90012-3308 |
Referrals to CI (BOD 5)
(1) IRS Criminal Investigation (CI) supports administration of tax law by investigating high impact tax fraud and other financial fraud and referring these investigations to the United States Attorneys Office (USAO) for prosecution. These prosecuted financial crimes include, but are not limited to, employment tax cases, schemes involving identity theft, abusive return preparer schemes, and narcotics and money laundering.
(2) Prosecuted Financial Crimes accepts allegations of domestic and international unreported income, due to intentional unlawful actions impacting a considerable number of taxpayers, embezzlement or foreign tax, etc.
(3) All (-Z) Freeze accounts are referred to CI. There may also be a TC 914 or TC 916 on the module.
Unreported Income Criteria
(1) If the allegation of unreported income on Form 3949-A is verified through IDRS for the following conditions below, accept the sort as CI Financial Crimes, if conditions below are not met remove from sort.
Fraud Rings or Conspiracy (2 or more people acting together)
Organized Crime
Refund Schemes involving multiple taxpayers (may include false/altered documents such as Form W-2 or Form 1099 series)
Abusive transactions or allegations of assisting US persons to hide assets overseas, or US persons alleged to be involved in criminal activity overseas irrespective of dollar amounts or years involved
Indication of contact with CI but (-Z) freeze is not on Master file account
(2) Use the following If And Then table to determine the correct sort
If ... | And ... | Then ... |
---|---|---|
A. Allegation includes non- wage unreported income Example: cash sales, realtor or other commissions , | ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ | The criteria is met continue with routing to CI Financial Crimes. |
B. Allegation includes non-wages unreported income Example: cash sales, realtor or other commissions , | ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ | Remove from sort. . |
C. Allegation includes embezzlement, | Referral contains no mention of prosecution, | The criteria is met continue with routing to CI Financial Crimes. |
D. Allegation includes embezzlement, | Referral contains mention of prosecution, | Do not change sort number, instead sort using SBSE Field Exam criteria and PBC Listing table, refer to IRM 3.28.2.7 . |
E. Unreported wage income, |
| Remove from sort. IRM 3.28.2.7 |
F. Domestic and/or International allegations, | ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ | The criteria is met continue with routing to CI Financial Crimes. |
G. Foreign Tax Allegation to be promoting offshore, |
| Accept as CI Financial Crimes sort. |
H. ID Theft listings, |
| The criteria is met continue with routing to CI Financial Crimes. |
I. Referrals requiring coordination, |
| The criteria is met continue with routing to CI Financial Crimes. |
If ... | Then route to... |
---|---|
A. Meets BOD criteria, | IRS-CI1111 Constitution Ave, Room 2516Washington, DC 20224Attn: F3949-A Coordinator (SE:CI:GO:FC) |
B. Does not meet BOD criteria, | Route to Retention if no other BOD criteria exists. |
RICS/RIVO Fraudulent Income Documents (BOD 6)
(1) Review the allegation for reference to false Form W-2 allegedly created or altered by the filer to generate a fraudulent refund.
(2) Review the module for fraudulent income documents involving one individual.
(3) If the allegation involves multiple individuals remove from sort and refer to IRM 3.28.2.8.1, Unreported income criteria.
(4) If allegation is substantiated by research continue with sort.
If... | Then route to... |
---|---|
A. Meets BOD criteria | RICS/RIVO310 Lowell Street, Stop 862L Andover, MA 01810Attn: Kimberly Javed) |
B. Does not meet BOD criteria | Route to Retention if no other BOD criteria exists. |
Issue Identification Specialty Tax Examination (BOD 7)
(1) Specialty Examination includes Bank Secrecy Act, excise, employment, estate and gift taxes.
(2) The submissions may contain the following description or issue related to specialty tax:
Employment Tax Form 1099 series
Estate Form 706, U.S. Estate Tax Return and Gift Tax Form 709, United States Gift Tax Return
Note: The determination should not be based solely upon seeing the following words: estate, decedent, death, died, Trust, Will, testamentary, executor, administrator, beneficiary, heir.
Excise Tax Form 720, Quarterly Federal Excise Tax Return
Issue Identification Employment Tax
(1) If the allegation relates to failure to file W-2s, research filings on CC PMFOL with definer “S”. If the “W-2” row reflects a number other than “00” in the “Documents” column, the allegation is invalid. Route to retention.
(2) If the allegation relates to failure to file Forms 1099, use CC PMFOL with definer “S”. If either the “MISC” or “NEC” rows reflect a number other than “00” in the “Documents” column, the allegation is invalid. Route to retention.
(3) If the allegation is not routed to retention based on the criteria above, continue to the “If…And…Then” chart below.
If issue is... | And... | Then route to... |
---|---|---|
A. Allegations against a person or business not reporting income |
| Proceed to IRM 3.28.2.7, Issue Identification Small Business/Self Employed (SBSE) Field Exam. |
B. If there are multiple issues that impact SB/SE Field Exam (BOD 4) and Specialty Tax (BOD 7) |
| Proceed to IRM 3.28.2.7, Issue Identification Small Business/Self Employed (SBSE) Field Exam. |
C. Business paying employees with cash, 'under the table', or 'off the books' |
| 7940 Kentucky Drive Mail Stop 5702A |
D. Business failing to issue W-2 or issuing an inaccurate W-2, | PMFOLS “W-2” row reflects “00” in the “Documents” column, | 7940 Kentucky Drive Mail Stop 5702A |
E. Business failing to issue Form 1099 or issuing an inaccurate Form 1099, | PMFOLS “MISC” AND “NEC” rows reflect “00” in the “Documents” column | 7940 Kentucky Drive Mail Stop 5702A |
F. Business failing to properly classify a worker as an employee or self-employed/independent contractor (issuance of W-2 versus Form 1099), |
| 7940 Kentucky Drive Mail Stop 5702A |
G. Employment tax issue related to a city, county, state, or federal government or employee, |
| 7940 Kentucky Drive Mail Stop 5702A |
H. Any other issue, |
| Route to retention if no other BOD criteria exists. |
Issue Identification Estate Tax Form 706 and Gift Tax Form 709
(1) Estate Tax referrals
Identify the alleged underreported amount from the referral. If the amount is less than ≡ ≡ ≡ ≡ ≡ ≡, route to retention.
If the allegation is failure to file an estate tax return (Form 706), research filings on CC BMFOL with definer “I”. If an MFT 52 exists for the tax year indicated in the allegation, the allegation is invalid. Route to retention.
(2) Gift tax referrals
Identify the alleged underreported amount from the referral. If the amount is less than ≡ ≡ ≡ ≡ ≡ ≡, route to retention.
If the allegation is unreported gifts or failure to file a gift tax return (e.g. money loaned but not repaid/later claimed to be a gift, assets transferred without payment), research filings on CC IMFOL and/or BMFOL with definer “I”. If an MFT 51 exists for the tax year indicated in the allegation, the allegation is invalid. Route to retention.
(3) If the allegation is not routed to retention based on the criteria above, continue to the “If…And…Then” chart below.
If issue is ... | And... | Then route to... |
---|---|---|
A. Failure to file an estate tax return, | Alleged under-reported amount ≡ ≡ ≡ ≡ ≡ ≡ ≡ or greater AND MFT 52 does not exist on BMFOLI, | 7940 Kentucky Drive Mail Stop 8307 |
B. Under-reported value of an estate (e.g. property stolen from a deceased person, deceased person’s assets transferred without permission, improper estate executor/administrator behavior), | Alleged under-reported amount ≡ ≡ ≡ ≡ ≡ ≡ ≡ or greater, | 7940 Kentucky Drive Mail Stop 8307 |
C. Unreported gifts/Failure to file a gift tax return (e.g. money loaned but not repaid/later claimed to be a gift, assets transferred without payment), | Alleged under-reported amount ≡ ≡ ≡ ≡ ≡ or greater AND MFT 51 does not exist on BMFOLI, | 7940 Kentucky Drive Mail Stop 8307 |
D. Failure to file or improperly filed deceased taxpayer’s final income tax return (Form 1040 or Form 1041), |
| Business/Self Employed (SBSE) Field Exam. |
E. Failure to receive refund on deceased taxpayer’s final tax return, |
| Route to retention as a non-tax issue. |
F. Any other issue, |
| Route to retention if no other BOD criteria exists. |
Issue Identification Excise Tax
(1) Excise taxes are taxes paid on the manufacture, sale or use of particular supplies or services. To identify if the issue is an Excise Tax issue All the following conditions must be met:
TP must have a cross reference EIN on INOLES
When researching EIN, there is a Filing Requirement for Form 720 on INOLES
When researching EIN there is a MFT 03 on BMFOLI
Note: If all 3 conditions do not exist, this is not an Excise Tax Issue remove from sort.
Fuel Taxes
Environmental Taxes (Ozone Depleting Chemicals, Coal)
Communications and Air Transportation
Manufacturers Taxes (Bows & Arrows; Coal, Tires, Gas Guzzlers and Vaccines)
Retail Tax on Heavy Trucks, Trailers and Tractors
Heavy Vehicle Use Taxes
Ship Passenger Tax
Obligations Not in Registered form Foreign Insurance Taxes
Obligations Not in Registered form (casualty insurance, indemnity bonds, reinsurance)
Indoor Tanning Services
Bookie business/Bookmaking, Wagering
(2) If the allegation is not routed to retention based on the criteria above, continue to the “If…Then” chart below.
If issue is... | Then route to... |
---|---|
A. Any of the issues in paragraph (1), | 7940 Kentucky Drive Mail Stop 5701G Florence, KY 41042 Attn: WSD |
B. Any other issue, | Route to retention if no other BOD criteria exists. |
Issue Identification Collection Policy -(BOD 22)
(1) Collection Policy provides guidance on collection processes that are common to large groups of taxpayers with similar characteristics and develop, design and deliver Collection program policies, strategies and objectives.
(2) Allegations containing issues of non-filing, owing, lien, levy and/or unreported income should be reviewed for collection activity. The driving factor for Collection Policy is a Taxpayer Delinquent Account (TDA) with an unexpired Collection Statute Expiration Date (CSED). The content of the referral should indicate assets are available and the taxpayer account must show an outstanding liability regardless of the tax year listed.
(3) Collection activities would be filing liens or issuing levies. Collection assignments are identified by freeze code “T-” or the Collection Status codes that reflect 22, 24, 26 or 71.
(4) Use the following IDRS CC to determine collection activity or identify a Notice of Federal Tax Lien (NFTL).
CC SUMRY - Will have the word “lien” if a lien has been filed on a module.
CC TXMOD “A” or CC IMFOL “T” or CC BMFOL “T” - Will reflect a posted TC 582 to indicate a NFTL has been filed.
CC TXMOD “A” or CC IMFOL “T” or CC BMFOL “T” - Will also reflect a TC 971 AC 069 to indicate a final notice has been issued and Collection is planning to issue levies to aid in reducing the tax liability.
(5) Below is an If and Then chart detailing the routing process for the different status codes.
If ... | And ... | Then ... |
---|---|---|
A. Master File Status is 72 | The case is related to Bankruptcy if the transaction code 520 with closing codes 60 - 67, 83 ,85 - 89 is present the case is Bankruptcy related | Notate MFS 72 bankruptcy on the top right corner of the referral |
B. Master File Status is 72 | Transaction code 520 with closing code 70 - 82, 84 is present. The case is related to Appeals | Notate MFS 72 appeals on the top right corner of the referral |
C .Master File Status is 71 or has an unreversed Transaction code 480 (OIC has been received) | -Y Freeze is set | Notate MFS 71 on the top right corner of the referral |
D. Master File Status is 24 or 26 | Referral alleges the taxpayer has assets available and the taxpayer’s account must show an outstanding liability | Notate MFS 24/26 on the top right corner of the referral |
E. Master File Status is 22 | Referral alleges the taxpayer has assets available and the taxpayer’s account must show an outstanding liability | Notate MFS 22 on the top right corner of the referral |
F. Master File Status not listed above |
| Do not route to Collection Policy. Research any other criteria met, if no other criteria is identified route to retention. |
Note: If the allegation issue is regarding outstanding liabilities, non-filer, or unreported income, etc. and collection activity is not indicated during IDRS research, remove from sort and ensure case is routed to correct BOD per . IRM 3.28.2.7
(6) If the allegation is not routed to retention based on the criteria above, continue to the “If…Then” chart below.
If... | Then route to... |
---|---|
A. Meets BOD criteria, | Internal Revenue Service130 South Elmwood Ave. Ste. 100 Buffalo, NY 14202-2464 Attn: Shannon Hennessey |
B. Does not meet BOD criteria, | Route to Retention if no other BOD criteria exists. |
Large Business and International (LB&I) (BOD 16a and 16b)
(1) Large Business and International (LB&I) serves corporations, sub-chapter S corporations, and partnerships with ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡. Also, LB&I through the Withholding Exchange International Individual Compliance (WEIIC) Division, has responsibility for the following taxpayers: U.S. citizens living and, or, working abroad or in a U.S. Territory, U.S. citizens or resident aliens who hold income producing assets in a foreign country or claim the foreign earned income exclusion or foreign tax credit, and permanent residents and non-resident aliens who have a U.S. filing requirement.
Issue Identification LB&I
(1) Referrals mentioning Offshore, overseas or a foreign country or a U.S. Citizen living abroad are considered Withholding Exchange International Individual Compliance (WEIIC) issues. Remove from the sort and route for proper routing per IRM 3.28.2.14, Form 3949-A Information Referral Clerical Routing Guide.
(2) Large business acceptance criteria for Information referrals:
Must be a corporate or partnership return referral issue
Must be BOD code specific to Large Business "LM"
≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
(3) Locate the EIN on the referral. If the EIN is not present, conduct research using CC NAMEE to locate the business.
(4) Determine the filing requirements using CC INOLES. If research reveals filing requirements are only for Employment Taxes, Form 940 , Employer’s Annual Federal Unemployment (FUTA) Tax Return, and or for Form 94X , Employer’s Quarterly Federal Tax Return, research cross references to locate the parent EIN or to determine if the business is a Schedule C business.
Note: Cross references can be found using CC INOLEX, CC NAMEE or through other research tools. Document the EIN with the filing requirements when applicable.
If... | Then... |
---|---|
A. If research reveals the business is a Schedule C business, | Refer to IRM 3.28.2.7, Issue Identification Small Business/Self Employed (SBSE) Field Exam for processing instructions. |
B. If the research reveals the business relates to Employment Tax or the issue on Form 3949-A relates to an incorrect for W-2, 1099 and/or Form 94X, | Refer to IRM 3.28.2.10.1. |
C. If research reveals the filing requirements are for a corporation or partnership, the referral allegation is related to corporation or partnership issues, the BOD Code is "LM" and the ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡, | Refer to Large Business. |
D. If the Large Business criteria above is not met, review the allegation to determine no other BOD criteria exists, | If no other criteria is met, route for Retention. |
(5) If the allegation is not routed to retention based on the criteria above, continue to the “If…Then” chart below.
If | Route to |
---|---|
16a. Large Business & International
| LB&I: ADCC: Compliance Planning & Analytics Individual International Compliance (IIC) Planning & Workload Delivery2970 Market St. Stop 2-H08-200Philadelphia, PA 19104Attn: Jack Loggia |
16b. Large Business & International (BOD LM) Business or Corporation Sub-chapter S Corporations Partnerships | LB&I Information Referral Analyst 1973 N. Rulon White Blvd. Stop 4912Ogden, UT 84404 |
Does not meet BOD criteria | Route to Retention if no other BOD criteria exists. |
Issue Identification Return Preparer Misconduct Form 14157, Return Preparer Complaint (BOD 17 and 18)
(1) The Return Preparer Office (RPO) was created in 2010 to oversee registration and suitability of federal tax return preparers. The mission is to improve taxpayer compliance by providing comprehensive oversight and support of tax professionals.
(2) Complaints about a tax return preparer should be submitted on Form 14157, Return Preparer Complaint, but may be submitted on Form 3949-A instead. If submitted on a Form 3949-A , then to be considered a complaint about a tax return preparer, the allegation must be related to return preparation or the preparer’s tax return business.
(3) Form 14157-A, Tax Return Preparer Fraud or Misconduct Affidavit, are allegations against the preparer but are also requesting victim assistance to change their tax data. Remove Information Referrals when Form 14157-A, is attached with any other forms, ensure case is routed back to clerical indicating the incorrect sort was determined. DO not send submissions to RPO when Form 14157-A is attached.
(4) The allegation must be about the preparer’s business. The following are examples accepted by RPO:
Allegations against tax preparer altering tax return data
Allegations of incorrect or egregious return preparation
Allegations the preparer was not authorized to file tax return (s)
Allegations the preparer misdirected all or a portion of the refund due
(5) RPO does not address the following examples of matter including but not limited to:
Unprofessional language, professionalism, or refusing to prepare or file a tax return
Disagreement over fees charged or believe fees were too high
Preparer receiving payments in cash
Preparer’s lifestyle is extreme, beyond his ability, or appears not to be reporting all income
Preparer who clearly is NOT in the profession of preparing returns.
(6) Conduct IDRS research to obtain the EIN/TIN and notate on Form 3949-A., or if not included indicate on the submission.
If | Route to |
---|---|
A. Return Preparer Misconduct (RPM) without Form 14157 attached and the SSN owner is not seeking victim assistance (adjustment to their account or a refund)(BOD 17), | Return Preparer Office (RPO) - IRS 401 W. Peachtree St. NW, Stop 421-DAtlanta, GA 30308 |
B.. Return Preparer Misconduct (RPM) With or without Form 14157-A attached and the SSN owner is seeking victim assistance (adjustment to their account or a refund) Making a complaint about a tax return prepare (BOD 18), | SP ICT, Ogden Mail Stop 6552 Note: X out literal Form 3949-A and write in Form 14157-A RPM |
C. Does not meet BOD criteria, | Route to Retention if no other BOD criteria exists. |
Quick Reference Entity Clerical Routing Guide
(1) When Entity Tax Examiners complete screening the cases are then routed to the appropriate BOD by Entity clerical staff.
(2) If clerical identifies anything unclear during the routing process elevate to manager or lead.
(3) The Information Referral points of contact (POC) are responsible for notifying Submission Processing of changes to routing criteria, mailing addresses, or designated points of contact. However, the SP HQ Analyst must maintain a current list of Information Referral points of contact and ensure the IRM contains the correct address for routing referrals.
BOD | Route to |
---|---|
1 a and 1 b - SBSE Campus Exam | Internal Revenue Service CWI Analyst - MS 6640 1973 N. Rulon White Blvd. Ogden, UT 84404 |
3 - W & I Classification - W & I Campus Exam | Supervisory Tax Specialist310 Lowell St. Stop 819 Andover, MA 01810Attn: Classification Manager (W & I Exam |
4 SBSE Field Exam | Refer to IRM 3.28.2.7(5) for PBC listing. |
5 CI Financial Crimes - | IRS-CI1111 Constitution Ave, Room 2516Washington, DC 20224Attn: F3949-A Coordinator (SE:CI:GO:FC) |
6 - RICS/RIVO | RICS/RIVO310 Lowell Street, Stop 862L Andover, MA 01810Attn: Kimberly Javed |
7 - Estate and Gift Tax | 7940 Kentucky Drive Mail Stop 8307 Florence, KY 41042 Attn: WSD |
7 - Employment Tax Issues | 7940 Kentucky Drive Mail Stop 5702AFlorence, KY 41042 |
7 - Excise Tax Issues | 7940 Kentucky Drive Mail Stop 5701G Florence, KY 41042 Attn: WSD |
8 - Award Request | Whistleblower Office - IRS Initial Claim Evaluation Team 1973 N Rulon White Blvd. Stop 4110 Ogden, UT 84404 |
9 - Tax Exempt/ Government Entities (TE/GE)(EO) | TE/GE / EO Group 7999 1100 Commerce St. Stop 4910 DAL Dallas, TX 75242 Attn: Classification |
10 - Tax Exempt/ Government Entities (TE/GE)(EP) | TE/GE/EP - IRS EP Classification 1100 Commerce St. Stop 4910 DAL Dallas, TX. 75242 Attn: EP: Group 7693 |
11 - Tax Exempt/ Government Entities (TE/GE) - (TEB), (TE/GE), (FSLG) | TE/GE/TEB - IRS 1100 Commerce St. Stop 4910 DAL Dallas, TX 75242 Attn: Referrals Group ManagerAttn: TEB: Group 7212 Attn: ITG: Group 7289Attn: FSL: Group 7241 |
12 - Identity Theft IDT (Tax Related) IDT 1 | SP ICT, Ogden Mail Stop 6552 1973 N. Rulon White Blvd. Ogden, UT. 84404 |
13 - Identity Theft (IDT) IDT 4 | SP ICT, Ogden Mail Stop 6552 1973 N. Rulon White Blvd. Ogden, UT. 84404 |
14 - BMF Identity Theft | CAMC AM/EIN Stop 532G |
15 - Live Returns | Route to batching (M/S 6052) |
16a - Large Business and International | LB&I: ADCC: Compliance Planning & Analytics Individual International Compliance (IIC) Planning & Workload Delivery2970 Market St. Stop 2-H08-200Philadelphia, PA 19104Attn: Jack Loggia |
16b - Large Business and International (BOD LM) | LB&I Information Referral Analyst 1973 N. Rulon White Blvd. Stop 4912Ogden, UT 84404 |
17 - Return Preparer Misconduct - without Form 14157 attached and the SSN owner is not seeking victim assistance (adjustment to their account or a refund) | Return Preparer Office (RPO) - IRS 401 W. Peachtree St. NW, Stop 421-DAtlanta, GA 30308 |
18 - Return Preparer Misconduct | SP ICT, Ogden Mail Stop 6552 |
19 - Phishing | Internal Revenue Service Fredericksburg Relo 1320 Central Park Blvd. Fredericksburg, VA 22401 Attn: John Dunnivan, Associate Director |
20 - Missing/ Lost/Stolen Refund | Route to ICT to be scanned as TPRQ. |
21 - Physical Items | IRS Tape Library 1250 Murall Drive Kearneysville, WV 25430 |
22 - Collection Policy Issues | Internal Revenue Service130 South Elmwood Ave. Ste. 100 Buffalo, NY 14202-2464 Attn: ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ |
23 - Form 3949 | Refer to IRM 3.28.2.7(5) for PBC routing. |
24 - IRS Employee Misconduct, Threats, Impersonation | TIGTA P.O. Box 589 Ben Franklin Station Washington, DC 20044-0589 |
25 - National Security, Counter Terrorism and Terrorism | Internal Revenue Service-Criminal Investigation (IRS-CI) Center 1111 Constitution Ave, NW Room 2535/2537 (SE:CI:GO:MO:N2S2) Washington, DC 20224 Attn: Senior Analyst, National JTTF Coordinator |
26 - Debit Cards | Internal Revenue Service |
27 - Innocent Spouse | Small Business/Self-Employed Cincinnati Centralized Innocent Spouse Operations (CCISO) 7940 Kentucky Drive, Stop 840-F Florence, KY 41042 |