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21.3.4  Field Assistance (Cont. 3)

21.3.4.15 
Adjustments

21.3.4.15.5  (10-01-2005)
Freeze Codes

  1. Master file processing uses alpha codes to identify specific conditions that are generated systemically, during the processing operation, or manually, through input of a transaction code. These alpha codes are commonly referred to as "freeze" codes. Freeze codes prevent the issuance of refunds, credit offsets, or the assessment of an accrued interest and/or penalty.

  2. There are three types of freeze condition codes:

    • Those identifying conditions existing in the module / account that freeze refunds and prevent offsets in or out of the module, but do not stop balance due notices.

    • Those that freeze IDRS balance due notices, refunds, offsets, and TDA issuances.

    • Those indicating that certain conditions exist on the module. Activity on the account is not frozen.

  3. TAC employees should not take action on any freeze condition without complete IDRS research. See IRM 21.5.6.4 for guidance on how to resolve freeze conditions.

  4. See Document 6209 for a complete list of freeze codes.

21.3.4.15.6  (10-01-2007)
Payment Tracers

  1. TAC employees are responsible for researching and resolving payment tracer inquiries.

  2. Payments not applied to the correct tax module may cause erroneous notices or refunds.

  3. If the payment is located:

    1. Initiate a credit transfer request to apply the payment to the correct account. Initiate a credit transfer request via IDAP. All employees must sign-on to IDRS, DI, and then IDAP. Follow the procedures in IRM 21.3.4.15.7 Credit Transfers

    2. Advise the taxpayer that the issue has been resolved by sending the appropriate letter to the taxpayer.

  4. IDAP (IDRS Decision Assisting Program) is mandatory for use in resolving payment tracer research.

  5. If the payment is not located:

    1. Initiate a credit transfer request via IDAP. All employees must sign-on to IDRS, DI, and then IDAP. Follow the procedures in IRM 21.5.7.4.4.1Form 4446, Payment Tracer Research Record.

    2. Refer to the appropriate Center Payment Tracer function for further research on Form 4446, do not prepare Form 4442.

  6. See IRM 21.5.7, Exhibit 21.5.7-2, Hardcore Payment Tracer Addresses.

21.3.4.15.7  (10-01-2007)
Credit Transfers

  1. All credit transfer request will be processed via IDAP (IDRS Decision Assisting Program). IDAP is mandatory for processing all credit transfer contacts. A credit transfer moves a payment or credit from one account to another, or reverses credits previously applied.

  2. Credit transfer adjustments may not be input if another employee or organization has an open control base. Contact the person or organization with the open control base. DO NOT reassign or change the control base until this contact is made.

  3. TAC employees can transfer a credit if at least one of the tax modules is on IDRS. If not, bring account to IDRS using CC MFREQ or create a dummy account using CC ACTON.

  4. Credit transfers may be made based on an oral statement or correspondence received from the taxpayer. If the authorization is through oral statement, the taxpayer must confirm the payment amount or the IRS string of endorsement information on the canceled check (ISRP payment information, MFT, tax period, payment date etc.).

  5. If a source document is required, Form 4442 / e-4442 DI (see IRM 21.3.5.4 (Referrals), for instructions on preparing Form 4442 / e-4442 DI) or the taxpayer's correspondence may be used. Otherwise, the Remarks Field on the credit transfer input must include a brief explanation for the transfer.

    If And Then
    Payment posted to the same TIN or related account Credit is available Source document is not required.
    Payment posted to the same TIN or related account Transfer results in debit balance Source document is required.
    Payment posted to non-related account Credit is available Source Document is required.
    Payment posted to non-related account Transfer results in debit balance Source Document is required.

    Caution: Follow procedures in IRM 21.4.5, Erroneous Refunds, if a refund was issued in error.

  6. Refer to IRM 21.5.8.3.1 Determine the Source Document Requirement for Credit Transfers for examples of related accounts.

  7. For information on credit transfers involving the Individual Retirement Account File (IRAF) refer to IRM 21.6.5.4.11.8 Retirement Account File (IRAF) Credit Transfers, and IRM 21.6.7, Adjusting Individual Tax Accounts.

  8. For credit transfers to Non-Master File (NMF) accounts, prepare Form 4442, and forward it to your Submission Processing Center.

21.3.4.16  (04-01-2007)
Employment Taxes

  1. Generally, an employee must withhold federal income taxes from an employee's wages. Taxes under the Federal Insurance Contributions Act (FICA) are imposed on both the employer and the employee. In addition to being exclusively liable for its own portion of the FICA tax, the employer is obligated to collect the employee's FICA tax. FICA taxes are composed of the old-age, survivors, and disability insurance taxes, also known as social security taxes, and the hospital insurance tax, also known as Medicare taxes. A federal unemployment tax under the Federal Unemployment Tax Act (FUTA) is imposed on wages paid to employees. The FUTA tax is imposed solely on the employer. In addition, a taxpayer must withhold federal income taxes from certain nonpayroll payments. Collectively, these taxes are referred to as "employment taxes." Taxpayers must file employment tax returns to report these taxes. These include:

    • Form 940, Employer’s Annual Federal Unemployment (FUTA) Tax Return

    • Form 941, Employer’s QUARTERLY Federal Tax Return

    • Form 941c, Supporting Statement to Correct Information

    • Form 943, Employer’s Annual Tax Return for Agricultural Employees

    • Form 944, Employer’s ANNUAL Federal Tax Return

    • Form 945, Annual Return of Withheld Federal Income Tax

    • Schedule H, Household Employment Taxes (attachment to Form 1040, Form 1040NR, Form 1040SS, or Form 1041.)

      Note:

      Form 940-EZ and Instructions are obsolete after the 2005 revision.

  2. TAC employees’ responsibilities regarding employment tax returns are as follows:

    1. Review the returns for accuracy and completeness.

    2. Assist taxpayers in preparing the forms (if needed).

    3. Educate the taxpayers on filing requirements, deposit rules, and return due dates.

    4. Secure payments, if applicable, (see IRM 21.3.4.7, Receipt of Payments, or IRM 5.7.1.20, Trust Fund Compliance Handbook).

    5. Mail returns to the appropriate Center.

21.3.4.16.1  (04-01-2007)
Form 940, Federal Unemployment Tax Act (FUTA)

  1. Every employer who, during the current or preceding calendar year, paid wages of $1,500 or more in any calendar quarter, or had one or more employees for some part of a day in any 20 or more different weeks, must file Form 940 or Form 940-EZ (obsolete after 2005) which is a streamlined form.

  2. Form 940 / Form 940-EZ (obsolete after 2005) is a annual return due January 31 of the next year.

  3. Agricultural employers are liable if:

    1. Cash wages of $20,000 or more were paid to agricultural workers in any calendar quarter in the current or preceding year, or

    2. Ten or more agricultural workers were employed during any 20 different weeks in the current or preceding calendar year.

  4. Household employers must pay FUTA taxes ONLY if they paid cash wages of $1,000 or more in any calendar quarter in the current or preceding calendar year for household work. Generally, individuals, estates, and trusts that owe FUTA tax for domestic service in a private home, must file Schedule H ( Form 1040). However, if an employer has other employees in addition to household employees, the employer can choose to include the FUTA taxes for their household employees on Form 940 instead of filing Schedule H ( Form 1040). If the employer chooses to include household employees on Form 940, the employer must also report social security, Medicare, and withheld federal income taxes for household employees on Form 941, Form 944, or Form 943. See IRM 4.19.5.4.4, Sch. H Household Employment Taxes under Section 3510, and Publication 926, Household Employer's Tax Guide.

    Note:

    For deposit requirements, see IRM 21.7.3.3.2 Deposit Requirements ( Form 940), or Publication 15, (Circular E), Employer’s Tax Guide.

  5. Currently IRS can process Form 940 electronically. Two program options are available for businesses.

    • 940 e-file Program

    • 940 On-line Filing Program (for additionally information See IRM 21.7.3.4.17.1, 940 e-file options)

21.3.4.16.2  (10-01-2007)
Form 941, Employer’s QUARTERLY Federal Tax Return

  1. Form 941, Employer’s QUARTERLY Federal Tax Return, is used by employers to report income tax withheld from wages, including tips, supplemental unemployment compensation benefits, third party payments of sick pay, and both the employee and employer shares of Social Security and Medicare taxes. Publication 15 (Circular E) Employer’s Tax Guide, contains complete information on filing employment tax forms and should be given to the taxpayer.

  2. Use the following table to determine when the Form 941 is due:

    Quarter Covered Quarter Ending Due Date
    January, February, March March 31 April 30
    April, May, June June 30 July 31
    July, August, September September 30 October 31
    October, November, December December 31 January 31

    Note:

    The return due date for Form 941 is extended 10 days if timely deposits full pay the amount of tax reported on the return.

  3. Some employers have to deposit Social Security, Medicare, and Federal Income Taxes. Refer to the deposit requirements in IRM 21.7.2.4.4. Also reference the Publication 15, (Circular E), Employer’s Tax Guide for additional payment information.

  4. Seasonal employers are relieved from filing tax returns for the quarters in which they have no tax liability. However, they must file at least one return each year and check the seasonal employer box on Form 941 to establish or maintain this status.

    Note:

    See IRM 21.7.2.4.11 for additional information regarding Form 941 .

  5. Currently, IRS can process Form 941 electronically. Several program options are available for businesses.

    • 941 On-line Filing Program

    • 941 XML Program (Employment Tax e-file System)

    • 944 On Line Filing Program

    • 944 XML Program (Employment Tax e-file System)

    Note:

    See IRM 21.7.2.4.12.1, IRM 21.7.2.4.12.2.1 and IRM 21.7.2.4.12.3 for additional information.

21.3.4.16.3  (04-01-2007)
Form 943, Employer’s Annual Tax Return for Agricultural Employees

  1. Form 943 is filed on a calendar year basis to report income tax withheld and employer and employee FICA (Social Security and Medicare) taxes on farm workers. The return is due on or before January 31 of the year following the end of the calendar year.

  2. All cash wages paid to farm workers are subject to FICA and income tax withholding during the year if either of the two tests below are met:

    1. Cash and non-cash wages paid during the year to all employees totals $2,500 or more; or

    2. Annual cash wages of $150 or more are paid to an employee (This test is applied separately to each farm worker.)

  3. Some employers have to deposit Social Security, Medicare, and Federal Income Taxes.

    Note:

    See IRM 21.7.2.4.13, Form 943 Employer’s Annual Tax Return for Agricultural Employees, Instructions for Form 943 instructions and Publication 51 (Circular A) Agricultural Employer’s Tax Guide for additional information.

21.3.4.16.4  (04-01-2007)
Form 944, Employer’s ANNUAL Federal Tax Return

  1. Beginning with the tax year 2006, certain taxpayer’s will be notified that they will have to file Form 944, a new, simpler employment tax return.

  2. Form 944 is an annual return intended for small businesses, whose employment tax liability is $1,000 or less for employee and employer FICA taxes, and federal income tax. Taxpayers' have to be notified by mail in order to file Form 944. TP will be instructed to contact us for any questions or if TP wishes to "opt out" of the program. If filing requirements are changed at the request of the TP, a letter or acknowledgement of this change must be made by IRS. Letter 3007C may be sent to TP for acknowledgement. The chart below indicates procedures for handling most of these inquiries.

    IF AND THEN
    TP states he/she will exceed $1,000 in taxes for the calendar year which is approximately $4,000 in wages for domestic filers and $6,600 for PR and SS filers ENMOD indicates TP filing requirement is Form 944 Change filing requirement from Form 944 to Form 941.

    Note:

    We can not change the filing requirement after the employer's Form 941 would have been due. Thus, with the exception of new employers, after April it is too late to change the filing requirement from Form 944 to Form 941.

    Remind the TP if his/her liability shown on a Form 941 exceeds $1,000 for a year, we will change his/her filing requirement from Form 944 to Form 941. Also advise the TP that he/she may be liable for FTD payments during the year if he/she owes $2,500 or more for the year. FTD penalties could possibly be assessed.
    TP states he/she filed a FinalForm 941 for the third or fourth quarter of previous year Return has or has not posted for the period specified, and ENMOD indicates open filing requirements for Form 944 Close Form 944 filing requirement.
    TP states he/she wishes to continue filing Form 941 electronically even though he/she will not exceed $1,000 in tax Research indicates TP is e-filing Form 941 or not (not required as TP may wish to e-file for the first time this year) Change filing requirement from Form 944 to Form 941. Inform TP that if their tax remains under $1,000, they will receive Notice 01345 again each year and will have to respond again if they wish to continue e-filing Form 941.
    TP states he/she is not liable for an employment tax return (no employees, etc.) An employment tax filing requirement is open Close the open employment tax filing requirement.

    Note:

    you must verify the date the last wages were paid.

    TP states he/she already made a Form 941 payment for the current period, but would like to file Form 944 Payment is posted to a current quarter Form 941 period Move payment to Form 944 account and correct filing requirements as necessary.
    TP states he/she knows his/her liability will not exceed $1,000 for the entire calendar year, but did not receive a Notice 01345 Account indicates liability is decreasing Example: Third and/or fourth quarter Form 941 accounts indicate little or no liability, or amounts of deposits has decreased recently. Or, TP was a seasonal employer whose total tax liability for the periods July 1, 2005 through June 30,2006, indicates a liability slightly over $1,000 Change filing requirements to Form 944 and close filing requirement for Form 941.

    Note:

    This can be a very subjective decision on your part. Remind the TP if their liability exceeds $1,000 for the year, they will not be eligible to file Form 944 the next year. Also advise the TP that they may be liable for FTD payments during the year if they owe $2,500 or more for the year. FTD penalties could possibly be assessed if payments are not properly made.

    TP states he/she is a new employer and believes his/her liability will not exceed $1,000 for the entire calendar year ENMOD shows no filing requirement prior to this year Establish filing requirements for Form 944.
    TP states he/she is a new employer and believes his/her liability will not exceed $1,000 for the entire calendar year (anytime during the year) TP obtained their EIN from the internet and ENMOD shows no filing requirement prior to this year Delete the Form 941 filing requirement and establish filing requirements for Form 944. This can be done throughout the year.

    Note:

    Currently the EIN internet application is unable to establish Form 944 filing requirements. When an EIN is assigned through the internet, Form 941 filing requirements are established (if applicable) and the TP receives a CP 575 which contains verbiage telling the TP to call us if they believe they qualify to file Form 944.

    Note:

    For additional information see IRM 21.5.2.4.2 Adjustments with oral statement, IRM 3.13.2.6 Filing Requirements BMF-General, IRM 21.7.2.4.14Form 944, Employer’s Annual Federal Tax Return, and Form 944 Instructions.

  3. Form 944 is an annual return due by January 31 of the following year.

  4. If a taxpayer's total employment tax liability is less than $2,500 during the calendar year, then the taxpayer may pay with the return. If the taxpayer's total employment tax liability is $2,500 or more, the taxpayer must deposit the employee and employer FICA taxes and federal income tax withheld.

    Note:

    For payment options, see Instructions for Form 944.

    Note:

    For deposit requirements, see Publication 15, (Circular E), Employer's Tax Guide, and IRM 20.1.4

  5. The following employers cannot file Form 944.

    • Employers who are not notified by mail, exceptions may apply.

    • Household Employers

    • Agricultural Employers

  6. For additional information see IRM 21.7.2.4, and Form 944 instructions.

21.3.4.16.5  (04-01-2007)
Form 945, Annual Return of Withheld Federal Income Tax

  1. Non-payroll income tax withholding is reported on Form 945. Non-payroll items include backup withholding and withholding for pensions, annuities, IRAs, military retirement, Indian gaming, gambling winnings, and voluntary withholdings on certain government payments.

  2. Form 945 is a calendar year return and is due on or before January 31 of the year following the end of the calendar year.

  3. Separate deposits are required for payroll ( Form 941, Form 943, and Form 944) and non-payroll ( Form 945) withholding.

  4. Use Publication 15-A, Employer's Supplemental Tax Guide, and Instructions for Form 945 for resolving Form 945 questions.

  5. A taxpayer is required to file Form 945 only for a calendar year in which the taxpayer withheld non-payroll tax.

    Note:

    See IRM 21.7.2.4.15 for additional information for Form 945.

21.3.4.16.6  (04-01-2007)
Schedule H, Household Employment Taxes

  1. The Social Security Domestic Employment Reform Act of 1994 was signed on October 22, 1994. Effective January 1,1995, domestic service employment taxes are collected with income tax rather than as employment taxes. Key points to consider are:

    1. Domestic employees under the age of 18 are excluded from coverage beginning in 1995, provided "domestic employee" is not their principal occupation.

    2. If the employee is a student, providing domestic services is not considered to be his or her principal occupation.

    3. This provision is effective regardless of the amount of wages paid the employee under age 18.

    4. A domestic employee receiving less than $1,500 in 2007 and 2006 ($1,400 for 2003, 2004, and 2005) from an employer is not subject to FICA taxes (see IRM 21.6.4.4.8).

    5. There are no provisions for the employees to make voluntary contributions to enable them to obtain Social Security coverage.

  2. Domestic service employment taxes are reported on Schedule H ( Form 1040), which is an attachment to Form 1040. The tax is paid with the taxpayer’s estimated tax payments on Form 1040ES or through increased withholding on other income.

  3. TAC employees will assist taxpayers who are household employers in completing the Schedule H to report wages paid to domestic employees. Schedule H must be filed with Form 1040 if the taxpayer is required to file a tax return.

    Note:

    See IRM 21.6.4.4.8 for additional information.

21.3.4.17  (04-01-2007)
Combined Annual Wage Reporting (CAWR)

  1. The TAC employee’s responsibility is to determine why the taxpayer received one of the following CP notices and how to resolve the issue.

    • CP 253 is issued to inform a taxpayer of a discrepancy between information reported on the employment tax returns and that reported on the Form W-2 submitted to Social Security Administration (SSA). That is, taxpayer is reporting more tax paid on an employment tax return than is due on wages reported on Form W-2 / Form W-3. CP 253 is also issued if SSA did not receive and process the information returns ( Form W-2).

    • CP 253 is a proposed penalty assessment and request for copies of Form W-2 previously requested by SSA. It also notifies taxpayer of a potential penalty assessment if forms are not filed. (See IRM 21.3.1.4.99 for additional information.)

    • CP 251 informs taxpayer of a discrepancy between information reported on the Federal employment tax returns and the Form W-2 submitted to SSA or the Form W-2G or Form 1099G submitted to the IRS. (See IRM 4.19.4, CAWR Reconciliation Balancing, for information on the CAWR program)

    • The CP 251 is not a bill, but a proposed increase or decrease in tax based on a comparison of figures reported on employment tax returns and information submitted on information returns. (See IRM 21.3.1.4.98)

21.3.4.18  (10-01-2007)
Form 2290, Heavy Highway Vehicle Use Tax Return

  1. Owners of vehicles having a taxable gross weight of 55,000 pounds or more must file Form 2290. Vehicle owners must prove to the State Motor Vehicle Department they have paid the Heavy Highway Vehicle Use Tax before they are allowed to register their vehicles. A stamped copy of Schedule 1 of Form 2290 is accepted as required proof of payment when registering vehicles with the state. The tax collected is used to build and maintain public roads.

  2. See IRM 21.7.8.4.2 for additional information on Form 2290.

21.3.4.18.1  (05-10-2007)
TAC Employees’ Responsibilities for Forms 2290

  1. TAC employees’ responsibilities must be completed in the following order:

    1. Review Form 2290 for accuracy and completeness according to procedures in IRM 21.3.4.18.3.

    2. Secure the necessary payment as described in IRM 21.3.4.18.4.

    3. Edit Form 2290 according to procedures in IRM 21.3.4.18.5.

    4. After completing procedures contained in IRM 21.3.4.18.3 through IRM 21.3.4.18.5, stamp Form 2290, Schedule 1 and attachments, if any, and return one copy of Schedule 1 to the taxpayer (or taxpayer's representative) as described in IRM 21.3.4.18.6.

    5. Mail all Form 2290, any attachments and related payments to the Cincinnati Center (unless a Form 809 receipt has been issued). See IRM 21.3.4.18.7.

  2. If any tax law questions are identified while assisting a Form 2290 taxpayer, TAC employees are required to use the appropriate tax year PMG per IRM 21.3.4.3.7 to answer the question.

21.3.4.18.2  (10-01-2007)
Overview of Form 2290

  1. The Form 2290 is filed annually. A separate Form 2290 is filed for any month a taxable vehicle is first placed in service.

  2. Form 2290 must be filed for each month a taxable vehicle is first used on public highways during the current period. The current period begins July 1, 200x, and ends on June 30th of the following year. Form 2290 must be filed by the last day of the month following the month of first use (see chart under"When to File" in Form 2290 instructions).

    Example:

    Taxpayer A owns a vehicle weighing 55,000 pounds and placed it in service on July 1, 2006. Taxpayer A must file a Form 2290 by August 31, 2006 for the period beginning July 1, 2006, through June 30, 2007.

  3. For vehicles first placed in service after July 31st, the tax year begins in the month the vehicle is first placed in service and ends the following June 30th. For these vehicles, the Form 2290 must be filed by the end of the month, following the month in which the vehicle was first placed in service.

    Example:

    Taxpayer B purchased a vehicle weighing 55,000 pounds and placed it in service October 3, 2007. Taxpayer B must file a partial year Form 2290 by November 30, 2007, for the period beginning October 1, 2007 through June 30, 2008. Taxpayer B will file his/her next Form 2290 by August 31, 2008, and the tax period for that return begins July 1, 2008 through June 30, 2009.

  4. The tax is due in a single payment with the return. Beginning July 1, 2005 the option to pay the tax in installments was eliminated. The tax must be paid in full with Form 2290. If the tax due is not paid in full, the taxpayer will not be issued a copy of a stamped Schedule 1, and will receive a balance due notice which will include penalties and interest, when applicable.

  5. Special circumstances can cause a second filing of Form 2290 marked "Amended" . An amended return is due the last day of the month, following the month, that either:

    • The gross taxable weight of a vehicle increased during the taxable period, or

    • A suspension of tax was originally claimed and the vehicle later exceeded the mileage use limit. The tax due on the amended return is for the entire year that the vehicle was in service, not only for the months the mileage use limit was exceeded.

    Any additional tax is due in a single payment with the amended return.

21.3.4.18.3  (10-01-2007)
Reviewing Form 2290

  1. Use the following steps to review the return and both Schedules 1. If discrepancies are found, have the taxpayer correct them. A third party is not authorized to make corrections.

  2. Review entity section of Form 2290 as follows:

    1. Use IDRS to verify accuracy of all entity information.

      Exception:

      A 2290 with entity information pre-printed by the IRS does not require IDRS verification. Instead, verify with the customer that all the pre-printed information is still correct.

    2. EIN: Verify that the taxpayer has used the correct EIN, not an SSN, and that exactly nine digits are present.

      Note:

      If the taxpayer does not have an EIN, refer to IRM 21.3.4.13.1, Applying for an EIN.

    3. NAME: Verify that the name on Form 2290 is correct.

      Example:

      The name of a sole proprietorship should be the name of the sole proprietor, not a different "DBA" name.

    4. ADDRESS: Verify with the customer that the address used is the taxpayer's current, complete mailing address.

  3. Use Form 2290 instructions to ensure that Parts I and II are complete and accurate.

  4. Both Schedules 1 must be identically completed.

21.3.4.18.4  (10-01-2007)
Securing Payment

  1. Secure payment for the amount entered as balance due.

  2. The installment privilege was eliminated effected July 1, 2005. There are three methods of payment:

    • By electronic Federal Tax Payments (EFTPS)

    • By check or money order, using the payment voucher on Form 2290

    • By cash, using Form 809.

  3. For the EFTPS payment to be timely, the taxpayer should make the EFTPS payment one business day before the payment is due.

  4. Use command code EFTPS to verify payments made through the Electronic Federal Tax Payment System (EFTPS). See IRM 3.17.277.9.1.3 for command code EFTPS procedures.

  5. If the required full payment is not received, do not stamp Schedule 1 or return Schedule 1 to the taxpayer.

  6. If the return is filed late, advise the taxpayer to pay the tax in order to get the stamped copy of Schedule 1. Inform the taxpayer that he/she will receive a bill for any unpaid tax, Failure to File / Failure to Pay penalties, and interest in the mail. Only when the actual tax is paid in full will the taxpayer receive a copy of a stamped schedule 1.

    Note:

    See IRM 21.3.4.18.7 Mailing Form 2290 for Form 809 procedures, and IRM 21.3.4.7 Receipt of Payments for additional information.

21.3.4.18.5  (10-01-2007)
Editing Form 2290

  1. Secure the return and edit it as follows:

    1. Enter the correct tax period, in red, in the upper left-hand corner of the return, if the tax period is different from the one preprinted on the return.

    2. Whenever payment is received with Form 2290, write, in red, "TC 610" and the amount of the payment in the upper left corner of return.

    3. If the payment was made through Electronic Federal Tax Payment System (EFTPS) place an "X" in the box on Line 6 and write in red in the upper left corner of the return "EFTPS Verified" . See IRM 21.3.4.18.4(5) if full payment is not received or deposited through EFTPS.

    4. Draw diagonal lines through ALL unused lines on both Parts I and II of each Schedule 1.

    5. Enter "Copy of Sch 1 to TP" in the top portion of the IRS copy of Schedule 1.

21.3.4.18.6  (10-01-2007)
Stamping Form 2290 and Schedule 1

  1. After you have verified that the return is accurate and complete (or the taxpayer has made the necessary corrections), and you have secured the required payment, stamp the front of Form 2290, any attachment(s), and both Schedules 1 with an official IRS stamp.

    • Use the "Received" stamp for returns with suspended vehicles and/or returns with no payments.

      Exception:

      If there is no payment with the return, but the tax has been paid (via EFTPS or with applied credits, for example), use the "Received with Remittance" stamp on the taxpayer's Schedule 1 only. For payments shown on IDRS, the date should be the actual date of the payment. Use the "Received" stamp, with the current date, on Form 2290 and Schedule 1 to be forwarded to the SPC.

    • Use the "Received with Remittance" date stamp for taxable vehicle returns received with a payment.

  2. Return the bottom copy of Schedule 1 to the taxpayer or taxpayer's representative.

21.3.4.18.7  (10-01-2007)
Mailing Form 2290

  1. Field Assistance employees will receive Form 2290 both with and without payment (cash and non-cash). Cash payments received with Form 2290 will require the issuance of Form 809 (refer to IRM 5.1.2.2(4). Returns with Form 809 receipts will be sent via Form 795 to the Submission Processing Center as aligned with the respective Area office (i.e. the site that issued the Form 809receipt book). All Forms 2290received with payments are to be sent via traceable, overnight mail.

  2. Submit Form 2290 returns per table below:

    If you have Then mail to Using
    Form 2290 with Form 809 receipt Submission Processing Center for respective Area Office (Issuer of 809 receipt book) Form 795
    Form 2290 with non-cash payment less than $50,000 IRS - CSPC ATTN: Remittance Perfection Manager STOP 31, Team 31402 201 W. Rivercenter Boulevard Covington KY 41011 Phone: 859-669-5641 (for shipping label) Form 795
    Form 2290 with non-cash payment $50,000 or more IRS - CSPC ATTN: Remittance Perfection Manager STOP 31, Team 31402 201 W. Rivercenter Boulevard Covington KY 41011 Phone: 859-669-5641 (for shipping label) Form 795
    Form 2290 with non-cash payment $50,000 or more IRS - CSPC ATTN: Remittance Perfection Manager STOP 31, Team 31402 201 W. Rivercenter Boulevard Covington KY 41011 Phone: 859-669-5641 (for shipping label)  
    Form 2290 without payment IRS - CSPC 201 W. Rivercenter Boulevard Covington KY 41011 Form 3210*

    *ALTERNATIVE: Form 2290 returns received without payments can be included on another Form 795 where other 2290 returns received with non-cash payments are being reported.

  3. For inside envelope names and addresses, and any updated remittance processing information, go to the Field Office Payment Processing Program site. Once on the site, select the following:

    • SP Center Field Office Payment Processing Key Contacts and Liaison

21.3.4.18.8  (10-01-2007)
Stamped Schedule 1 Not Received

  1. Assist taxpayers (or the taxpayer's authorized representative) who report not receiving a stamped copy of Schedule 1 for a previously filed Form 2290, including those taxpayers who may have used the Electronic Federal Tax Payment System (EFTPS) to pay their Heavy Vehicle Use Tax, as follows:

    1. Make a photocopy of the taxpayer's retained copy of Schedule 1. If the taxpayer does not have a copy of his/her original Schedule 1, the taxpayer will need to complete another Form 2290 to duplicate the original.

    2. Research CC BMFOLT to verify receipt of the return, and the date and amount of any payment(s).

      Note:

      If there is insufficient evidence that the 2290 has been filed and all related tax due paid for the tax period in question, go to paragraph 2, below.

    3. Stamp the Schedule 1 as follows:
      •Use the official IRS "Received" date stamp, when there was no taxable vehicle on the corresponding Form 2290 return.
      •Use the official IRS "Received with Remittance" date stamp when the corresponding 2290 return reports at least one taxable vehicle.
      •Use the date of the payment shown on BMFOLT, or, if no tax was due, the date the return was filed.

    4. Advise the customer that the copy of Schedule 1 will be compared with the original return by the Excise Tax Unit, and any additional tax, penalty, and interest due (because of additional or different taxable vehicles listed) will be assessed.

    5. Provide the taxpayer (or the taxpayer's authorized representative) with a stamped copy of Schedule 1.

    6. Fax the other copy of Schedule 1 to the Excise Tax Unit at the Cincinnati Center (859-669-5788). The fax coversheet should include a clear explanation of the situation such as the following:

    Attached are the original copies of Form 2290 , Schedule 1, provided to the taxpayer who requested a copy because, either the original could not be located, or the taxpayer indicated that Schedule 1 was not received from the SPC after the return was filed. The taxpayer needs proof that the return was filed and the tax was properly paid. Please review the VIN(s) on Schedule(s) 1 to verify that the VIN(s) on the original return are the same.

  2. If evidence is not present to show that the return has been filed and that all tax due has been paid for the period in question, do not stamp Schedule 1. Advise the customer that the 2290 must be filed and the tax paid before we can provide a stamped schedule 1.

21.3.4.18.9  (10-01-2007)
Form 2290, Changing VINs

  1. Occasionally, a taxpayer needs to change a VIN on an already filed Form 2290. The circumstances when these changes would be handled in a TAC should be rare.

  2. If the taxpayer states the mistake on Schedule 1 was a typographical error (transposed or incorrectly entered characters within an otherwise correct VIN), have the taxpayer prepare a duplicate return, amending the Schedule 1 page with the correct information.
    Date stamp the return and each Schedule 1 as follows:

    • Use the "Received" date stamp on the corrected IRS Schedule 1 that you will send to CSPC.

    • When a payment was made with the original return, use the "Received With Remittance" date stamp on the taxpayer's corrected Schedule 1 only. If a payment was not made with the original return, use the "Received" date stamp on the taxpayer's copy of the corrected Schedule 1.

    • Provide the customer with the new Schedule 1.

    • Retain the original (erroneous) Schedule 1 to forward to the Excise Tax Unit. See (4) below.

  3. If the taxpayer states an erroneous VIN was used, and the taxpayer provides an explanation, advise the taxpayer of appropriate actions to take using the Form 2290instructions.
    Use guidance from IRM 21.7.8.4.2.19, Changing VINs, to determine if explanation is sufficient.

    Caution:

    Most situations require that a new return be filed.

  4. If the explanation provided was sufficient for situations described in paragraphs 2 or 3, above, and a new, stamped Schedule 1 is issued to the customer, prepare a referral to the Excise Tax Unit on a paper Form 4442. Mail all to Cincinnati Submission Processing Center with original, erroneous Schedule 1, and the new, corrected Schedule 1 to be associated with the original return. (Include DLN of the erroneous return as shown on IDRS.) Referrals for this purpose are not part of the e-4442 system, nor are they submitted through the Group Referral Coordinator (GRC).

  5. If explanation is insufficient, advise that the taxpayer must file a new return and pay the tax in full before a stamped Schedule 1 is issued.

  6. See IRM 21.7.8.4.2.19 for additional information on changing VINs.

21.3.4.19  (10-01-2005)
Alien Tax Clearances

  1. All resident aliens and certain non-resident aliens must obtain a "Certificate of Compliance" from the IRS before leaving the United States. The certificate signifies that the taxpayer has filed all tax returns and paid all tax due to the United States through the date the certificate is issued.

  2. You will use three publications to determine whether a taxpayer needs an alien tax clearance:

    • Publication 519, U.S. Tax Guide for Aliens—contains comprehensive information about tax requirements for aliens.

    • Publication 513, Tax Information for Visitors to the United States—contains a list of documents the taxpayer must bring to the Taxpayer Assistance Center (TAC) in order to obtain a tax clearance.

    • Publication 901, U.S. Tax Treaties—contains information regarding the taxability of income received by non-resident aliens.

  3. The taxpayer should request the clearance at a TAC at least two weeks before, but no more than 30 days before his/her departure from the United States. Each taxpayer must appear in person. If they cannot appear in person, a taxpayer may appoint a representative by completing Form 2848, Power of Attorney. The representative MUST bring the valid Form 2848 to the TAC.

  4. The taxpayer must bring the following documents to the TAC:

    • Passport, with alien registration card or visa

    • Copies of U.S. income tax returns filed for the past two years (If the taxpayer has been in the U.S. less than two years, he/she should bring the income tax returns filed for that period.)

    • Receipts for income taxes paid on these returns

    • Receipts, bank records, cancelled checks and other documents that prove deductions, business expenses and dependents claimed on the tax returns

    • If the taxpayer is an employee, a statement from each employer showing wages paid and tax withheld from January 1 of the current year to the date of departure

    • If the taxpayer is self-employed, a profit and loss statement from January 1st of the current year to the date of departure

    • Proof of estimated tax payments for last year and this year

    • Documents showing any gain or loss from the sale of personal and/or real property, including capital assets and merchandise

    • Documents relating to scholarship or fellowship grants, including verification of the grantor, source, and purpose of the grant, and date the grant was made

    • Documents indicating he/she qualified for any special tax treaty benefits claimed

    Note:

    In community property states, a married taxpayer must bring the above-listed documents for their spouse also. This applies whether or not the spouse requires a clearance.

21.3.4.19.1  (04-01-2007)
TAC Employees' Responsibilities for Alien Clearances

  1. See Exhibit 21.3.4-6 to determine whether the taxpayer should complete Form 2063, U.S. Departing Alien Income Tax Statement, or Form 1040C, U.S. Departing Alien Income Tax Return.

  2. Verify full compliance on IDRS. All returns must be filed and all tax fully paid before you issue a Certificate of Compliance.

  3. Review Form 2063 or Form 1040C as described in IRM 21.3.4.19.2 and IRM 21.3.4.19.3.