5.14.10. Payroll Deduction Agreements and Direct Debit Installment Agreements

(1) Purpose: This IRM section discusses installment payment options to consider when accepting a taxpayer proposal. While many topics are touched upon in this chapter, comprehensive guidance about all of them cannot be included here. As you use this IRM section, remain alert for references to other resources, such as related IRMs and websites, and access that guidance as needed to ensure a thorough understanding of topics. Specifically, IRM 5.14.10 discusses:

• Payroll deduction agreements

• Direct debit agreements

• Credit and debit card payments

• Electronic funds transfer

• Direct pay

(2) Audience: These procedures and guidance apply to Field Collection revenue officers and group managers.

(3) Policy Owner: Director, Collection Policy, SBSE.

(4) Program Owner: Collection Policy, SBSE, Case Resolution Alternatives (CRA).

(5) Primary Stakeholders: The primary stakeholders that are affected by these procedures or have input into these procedures are:

• Field Collection

• Independent Administrative Review

• Insolvency

• Appeals

• Taxpayer Advocate Service

(6) Program Goals: Installment agreements can be a viable case resolution for many delinquent accounts. This section provides procedures for processing payroll deduction agreements and direct debit installment agreements. Payroll deduction agreements are agreements where employers deduct payments from taxpayer’s wages, and mail them to the Internal Revenue Service. Direct debit installment agreements allow the IRS to debit taxpayers' bank accounts. Payroll deduction agreements and direct debit installment agreements benefit both the taxpayer and the IRS by reducing the likelihood of default and lessening taxpayer burden. By following the procedures in this IRM, employees will be able to establish direct debit installment agreements and payroll deduction agreements that meet procedural requirements.

(1) Payroll deduction installment agreements (PDIA) should be encouraged when a direct debit installment agreement is not practical. The use of Form 2159, Payroll Deduction Agreement, is recommended for taxpayers who are wage earners, particularly if they are federal employees, or have defaulted an installment agreement in the past. See IRM 5.1.7.8, Federal Employee/Retiree Delinquency Initiative and IRM 5.1.7.9, IRS Employee Cases, for more information on working federal employee and IRS employee cases.

(2) Streamlined installment agreements with aggregate unpaid balance of assessments (UBA) between $25,001 and $50,000 require either a payroll deduction agreement or direct debit as the method of payment.

(3) Taxpayers should determine whether their employers will accept and process executed agreements before agreements are submitted for approval or finalized.

(4) Allow a reasonable period for the employer to complete the necessary bookkeeping and submit the first payment.

(5) Encourage taxpayers to hand deliver agreements to employers; otherwise mail agreements to employers. Ensure that the third party contact requirements of IRC 7602(c) have been observed before mailing agreements to employers. See IRM 5.1.1.12.1, Field Collecting Procedures, Miscellaneous Collection Procedures, for instructions regarding the provision of advance notice to the taxpayer of third party contact.

(6) The taxpayer must sign the Form 2159, Payroll Deduction Agreement, before submission to the manager for approval, if required (See the exhibit in IRM 5.14.1-5, Installment Agreement Table).

(7) Ensure TC 971 AC 043 is input on all modules within 24 hours of the taxpayer’s request for a payroll deduction agreement. (See IRM 5.14.1.3(4), Identifying Pending, Approved and Rejected Installment Agreement Proposals on IDRS.)

(8) If employers must be contacted during payroll deduction agreements, ensure Letter 3164-A, Third Party Contact, was sent previously. ICS systemically generates Third Party Contact (TPC) data and updates the TPC Command Code database if the revenue officer utilizes the Taxpayer or Asset Location Activity menu within the History section of ICS. If this ICS feature is not used, complete Form 12175, Third Party Contact Report Form, and properly route to the Third Party Contact coordinator. (See IRM 25.27.1.2, Third Party Contacts.)

(9) To ensure proper remittance and posting, instruct employers, or request taxpayers advise their employers, to show taxpayers' names and TINs, tax form(s) and period(s) on all remittances.

(10) Determine the correct agreement locator number (ALN) , per Exhibit 5.14.1–2 for Payroll Deduction Agreements. Generation of the Form 2159, Payroll Deduction Agreement from the ICS Templates menu will automatically default the XX position of the ALN to 11 while allowing the initiator to select the appropriate indicator for the YY position of the ALN. For most circumstances, the ALN will be 1109.

(1) Provide the following to the taxpayer to be delivered to the employer:

1. Form 2159, Payroll Deduction Agreement;

2. a business reply envelope addressed to the revenue officer to return the signed acknowledgment copy of Form 2159, Payroll Deduction Agreement; and

3. a business reply envelope addressed accordingly to be used to mail the first payment. The correct address for this envelope can be found at http://serp.enterprise.irs.gov/databases/who-where.dr/campus-balance-due-accounts.html, Campus Balance Due Accounts Form 2159, Payroll Deduction Agreement.

   Note: Notate the purpose on each envelope, so that Form 2159, Payroll Deduction Agreement is returned to the appropriate address.

(2) Request taxpayers immediately notify their employers of payroll deduction requests and the purpose of the two envelopes.

(3) Submit the case for approval after the taxpayer and employer have executed the Form 2159, Payroll Deduction Agreement. (See IRM 5.14.9.2, Routine and Manually Monitored Installment Agreement Dispositions, Managerial Approval.)

• Document receipt of two consecutive payroll deduction payments in the ICS history.

• Notate “not required - see ICS history” in the employer signature block of Form 2159, Payroll Deduction Agreement.

(4) After Form 2159, Payroll Deduction Agreement, is approved by the manager (if required), provide the taxpayer with the taxpayer’s copy of the form.

(5) Close the case on ICS by selecting "Option B" from the Installment Agreement menu. Select "Payroll Deduction" as the IA type. Use the systemically generated Form 3210 , Document Transmittal, to route the case to CCP for input. A systemic history is written to ICS.

(6) Take the following steps for correct routing and processing of the payroll deduction installment agreement:

1. E-mail. This is the preferred method of submission. Scan the completed acknowledgement copy of Form 2159, Payroll Deduction Agreement and send it to CCP via secure e-mail. See Collection CCP Electronic Mail Routing links at http://mysbse.web.irs.gov/collection/ccpcoll/mailingprocedures/21080.aspx for the appropriate e-mail address.

2. Mail. Forward the completed acknowledgment copy of Form 2159, Payroll Deduction Agreement, with a Form 3210, Document Transmittal, to:

Internal Revenue Submission Processing Center

Mail Stop 5-E04.114

2970 Market Street

Philadelphia, PA 19104

(7) If a payroll deduction agreement is made with a member of the Armed Forces overseas, forward the complete assembly to the taxpayer to give to his or her Commanding Officer or mail it directly to the Commanding Officer if Letter 3164-A, Third Party Contact, was mailed at least 45 days earlier. (See IRM 5.14.10.2). In these cases, the taxpayer’s copy of the assembly will be furnished to the taxpayer by the military establishment. Upon receipt of the approved acknowledgment copy, attach to the balance due file and process the case appropriately (See IRM 5.14.10.2).

(1) Direct debit installment agreements (DDIA) are the preferred method for payment plans due to their low cost and lowest rate of default. DDIAs should be strongly encouraged, especially if taxpayers defaulted on previous installment agreement(s).

(2) In cases involving joint liabilities where the taxpayers are separated or divorced, and only one party wishes to enter into an installment agreement, the account must be mirrored. See IRM 5.19.1.6.7, Mirroring Accounts. Banking law regulations require the taxpayer, or one of the taxpayers for a joint account, named on the bank account to authorize the direct debit process by signing the request.

(3) The direct debit method of payment is required on all IBTF Express agreements with UBA (unpaid balance of assessment) between $10,001 and $25,000.

(4) Streamlined installment agreements with aggregate unpaid balance of assessments (UBA) between $25,001 and $50,000 require either a payroll deduction agreement or direct debit as the method of payment.

(5) The Direct Debit Installment Agreement (DDIA) system is a means by which funds are automatically debited from a taxpayer’s checking account for the agreed upon installment amount. Some benefits of using direct debit installment agreements are:

1. The user fee is lower for a DDIA than it is for a regular agreement . For user fee amounts, see http://serp.enterprise.irs.gov/databases/irm-sup.dr/ia-user-fee-codes.html or https://www.irs.gov/payments

2. Less chance of taxpayers forgetting to make their payment;

3. Less chance of a missed payment because the money was spent on other expenses;

4. No chance of it being lost, mishandled, misapplied, or returned as incomplete or unsigned since no check is involved;

5. IRS personnel will not have to manually post checks;

6. "Float" time associated with processing paper documents is eliminated; and

7. Installment agreement default rate is reduced.

(6) The Electronic Federal Tax Payment System (EFTPS) is used to process the DDIA by electronic funds transfer. See Pub 966, visit the website at: http:www.eftps.gov, or call 1-800-555-4477.

(7) Take the following steps for proper completion of a DDIA:

1. Use "Option A" within the Installment Agreement menu on ICS, select the correct IA type: Direct Debit IA , Direct Debit Streamlined IA, IBTF/Direct Debit Combination or IBTF Express/Direct Debit Combination. ICS will generate the Form 433-D, Installment Agreement, and Letter 2849, DDIA Acceptance.

2. On the Form 433-D, Installment Agreement, document the account number and bank routing number OR attach a copy of a cancelled check. The account and routing number are required fields when completing the Form 433-D, Installment Agreement via "Option A" within the ICS application. A systemic ICS history will record the bank account information.

3. Establish the first payment date on the Form 433-D, Installment Agreement, for 60-days from the date the IA is established. The expectation is the DDIA should be input into Status 60 within 30-45 days.

4. Advise the taxpayer the first payment will not be withdrawn from their bank account for approximately 60-days.

5. On ICS, the Agreement Locator Number (ALN) will default to an "03" for the "XX" value and the highest priority value will be assigned for the "YY" value. (See Exhibit 5.14.1-2, Installment Agreement Locator Numbers.

6. The taxpayer must sign the Form 433-D, Installment Agreement, when this type of agreement is secured.

7. If the agreement requires managerial approval, the group manager must physically sign the Form 433-D, Installment Agreement.

(8) After securing the taxpayer's and group manager's (if applicable) signatures on the Form 433-D, Installment Agreement, the Form 433-D can be e-mailed or mailed using the instructions below for correct routing and processing of the DDIA:

1. E-mail. This is the preferred method of submission. Scan the Form 433-D, Installment Agreement, that contains the taxpayer(s)’ and group manager's (if applicable) physical signatures with the bank account and routing numbers OR attach a scanned copy of a cancelled check to the e-mail, if secured. Attach the scanned Form 433-D, Installment Agreement, to the Outlook message and send via secure e-mail to the CCP mailbox at *SBSE PSC CCP DDIA. In the e-mail subject line , enter "DDIA for Input" or,

2. Mail. Forward the completed Form 433-D, Installment Agreement, with the bank account information or copy of a cancelled check on the ICS generated Form 3210, Document Transmittal, for input. ALL field DDIAs are input at the Philadelphia CCP campus. The address on the systemically generated Form 3210, Document Transmittal, is :

Internal Revenue Service

CCP Operation

Mail Stop 5-E04.117

2970 Market Street

Philadelphia, PA 19104

3. For Form 433-D, Installment Agreement, already systemically uploaded through ICS and in status 60 on IDRS, mail the approved Form 433-D to the address below due to banking retention requirements:

Internal Revenue Service

Mail Stop 5-E04 118

2970 Market St.

Philadelphia, PA 19104

4. Send the closed Bal Due case file on a manually created Form 3210, Document Transmittal, to Mail Stop 5-E04.115 or on a Form 795-B, Closure / Document Transmittal.

5. Mail Letter 2849, DDIA Acceptance Letter, to the taxpayer and representative, if applicable.

(9) Occasionally, the IRS may erroneously debit a taxpayer’s bank account. Erroneous debits include IRS initiated duplicate debit entries, debit entries in an amount greater than authorized under the DDIA, and debit entries initiated for settlement earlier than authorized by the taxpayer under the DDIA.

(10) Once an erroneous debit has been identified, and the IRS has confirmed that the taxpayer is not seeking indemnification from his bank, the IRS should immediately take steps to return the erroneously debited funds using manual refund procedures. See IRM 5.1.12.20.1, Manual Refund Procedures.

(11) Under the Small Claims Act, the IRS may reimburse taxpayers for bank fees incurred due to an IRS error in implementing a DDIA if the fees were incurred solely because of the IRS's error and the taxpayer did not compound the problem. The claim must be filed within one year after the fee is imposed by the bank. Follow the procedures for filing a claim for bank charges due to IRS loss or misplacement of a taxpayer check found at IRM 3.17.10.5, Reimbursement of Bank Charges Due to Service Loss or Misplacement of Taxpayer Checks.

(1) Take the following steps for completion of a DDIA for an IBTF Express or CCP/IBTF-IA:

1. Use "Option A" within the Installment Agreement menu on ICS, select the appropriate IA type: "- IBTF Express/Direct Debit Combination," or ; "- IBTF/Direct Debit Combination".

2. Follow the steps outlined above in IRM 5.14.10.4(7)(a-g).

3. On ICS, the Agreement Locator Number (ALN) will default to an "03" for the "XX" value and the highest priority value will be assigned for the "YY" value. Generally, the ALN will default to 0315. (See Exhibit 5.14.1-2, Installment Agreement Locator Numbers.)

4. Ensure the taxpayer signs the Form 433-D, Installment Agreement.

(2) These cases are input into Status 60 on IDRS. Only the IBTF-IA is monitored in CCP via an OI systemically created when the IA is approved. CCP needs to receive the case file for monitoring and the Philadelphia Campus needs to receive the DDIA information to establish the DDIA processing.

(3) The IBTF Express IA is NOT monitored at CCP. Thus, no NF OI is created.

(4) Forward the case file to the group manager for review, approval and signature. Once the group manager approves the IA, take the following steps for correct routing and processing of the IBTF-DDIA:

1. Forward the IBTF-IA case file to CCP for monitoring on the systemically generated Form 3210, Document Transmittal, at Mail Stop 5-E04.117.

2. Forward the IBTF Express IA case file to closed files on the systemically generated Form 3210 at Mail Stop 5-E04.115.

3. E-mail. This is the preferred method of submission. Scan the Form 433-D, Installment Agreement, that contains the taxpayer(s) and group manager's (if applicable) physical signatures with the bank account and routing numbers OR attach a scanned copy of a cancelled check to the e-mail, if secured. . Attach the scanned Form 433-D, Installment Agreement, to the Outlook message and send via secure e-mail to the CCP mailbox at *SBSE PSC CCP DDIA. In the e-mail subject line, enter "DDIA for Input" . The revenue officer may also mail the Form 433-D to the address in (d) below.

4. Mail. Forward the completed Form 433-D, Installment Agreement, with the bank account information or copy of a cancelled check on the ICS generated Form 3210, Document Transmittal, for input. ALL field DDIAs are input at the Philadelphia CCP campus. The address on the systemically generated Form 3210 is:

Internal Revenue Service

CCP Operation

Mail Stop 5-E04.117

2970 Market Street

Philadelphia, PA 19104

5. For Form 433-D, Installment Agreement, already systemically uploaded through ICS and in status 60 on IDRS, mail the Form 433-D to the address below due to banking retention requirements:

Internal Revenue Service

Mail Stop 5-E04.118

2970 Market St.

Philadelphia, PA 19104

6. Mail Letter 2849, DDIA Acceptance, to the taxpayer and representative, if applicable.

(1) Taxpayers may make payments, including installment agreement payments, with a credit or debit card. See IRM 21.2.1.48, Electronic Payment Options for Individuals and Business e-file Users, for more information.

(1) Taxpayers may make payments, including installment agreement payments, by making Electronic Funds Transfers (EFT) using the Electronic Federal Tax Payment System (EFTPS). See Publication 966 Electronic Federal Tax Payment System, website http://www.eftps.gov or call 1-800-555-4477 for more information.

(1) IRS Direct Pay is a new payment application available to IMF taxpayers to make secure, electronic payments, including installment agreement payments, from their checking or savings accounts. The Direct Pay option is located under the "Pay" tab at http://www.irs.gov.