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21.3.6  Forms and Information Requests

21.3.6.1  (10-01-2006)
Forms and Information Requests Overview

  1. This section contains procedures for responding to taxpayer requests for blank forms, publications, copies of returns, and return information. In May, 2005 Internal Revenue Service (IRS) employees began accessing a new Transcript Delivery System (TDS) to order transcripts, verify non-filing, and wage and earnings information. Refer to IRM 21.2.3.4, Transcripts Procedures , for detailed information/instructions.

21.3.6.2  (10-01-2009)
What Are Forms and Information Requests

  1. Taxpayers request blank IRS forms in order to file returns, IRS publications for various tax forms, and copies of returns and account information or transcripts for many reasons.

    Note:

    Follow procedures in IRM 13.1.7.2 , TAS Case Criteria, to determine if taxpayers or cases should be referred to the Taxpayer Advocate Service (TAS) when you can't resolve the taxpayer's issue the same day. The definition of "same day" is within 24 hours. "Same day" cases include cases you can completely resolve in 24 hours as well as cases in which you have taken steps within 24 hours to begin resolving the taxpayer's issue. Refer to IRM 13.1.7.4, Same-Day Resolution by Operations. Do not refer these cases to TAS unless they meet TAS criteria or the taxpayer asks to be transferred to TAS. When referring cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Request for Taxpayer Advocate Assistance Order), and forward to TAS in accordance with your local procedures.

21.3.6.3  (01-04-2007)
Forms and Publications-General

  1. IRS forms and publications are generally free but quantities are restricted.

    1. For most publications and instructions, IRS will provide up to 5 free copies.

    2. For most forms, IRS will provide up to 100 free copies.

  2. Advise individuals who need larger quantities that they may print or reproduce publications in any quantity (IRS publications do not have a copyright). For additional information on bulk supplies of taxpayer information publications refer the caller to:
    Superintendent of Documents
    US Government Printing Office (GPO)
    P.O. Box 371954
    Pittsburgh, PA 15250-7954
    Phone: 1-202-512-1800
    Fax: 1-202-512-2250
    Toll free outside the DC area 1-866-512-1800

  3. To find most publication numbers or titles, look in Publication 910, Taxpayer's Guide to Free Tax Services. This publication provides services available to taxpayers and contains listings of free publications, along with general information. Also, Document 7130, National Distribution Center (NDC) Product Catalog, contains all publications available through Enterprise Logistics Information Technology (ELITE).

21.3.6.4  (10-01-2009)
Forms and Information Requests Processing Procedures

  1. This section provides specific processing procedures for fulfilling taxpayer requests for forms and publications.

21.3.6.4.1  (10-01-2009)
Ordering Forms and Publications

  1. Advise the taxpayer of an appropriate self-help method to obtain the material. A self-help method is one of the following:

    • Internet-Access: IRS web site at http://www.irs.gov or http://www.irs.gov/espanol/index.html.

      Note:

      Form 5500, Annual Return/Report of Employee Benefit Plan, and Form 5500EZ, Annual Return of One Participant (Owners and Their Spouses) Retirement Plan can be ordered through irs.gov, via "Forms and Publications by U.S. Mail" .

      Note:

      Some forms provided as an electronic file on irs.gov are for "Information Only," and should not be filed with the IRS. See "Information Only Forms" on irs.gov for a listing of information only forms.

    • Walk-in Offices, Post Offices, Libraries, and IRS Taxpayer Assistance Centers (TAC) distribute some tax forms during filing season.

      Note:

      Post Offices and libraries carry some forms and publications strictly on a voluntary basis. TAC offices are required to stock forms and publications per the Mandatory Stocking List. See Mandatory Stocking List on Media and Publications.

  2. If the taxpayer requests you order the material for them, request forms, publications, and public use documents, including Alternative Media, i.e., Braille (BR) and Large Print (LP), through the Accounts Management System (AMS) system. On May 1, 2006, Enterprise Logistics Information Technology (ELITE) replaced the Centralized Distribution System (CIDS). All taxpayer requests for material will now be ordered through the ELITE system. Upon input of a forms order using ELITE, a systemic confirmation number will appear. This number is for informational purpose only and should not be provided to the taxpayer. If a taxpayer requests Braille (BR) and/or Large Print (LP) product(s) follow the ELITE instructions. ELITE instructions can be found by selecting ″ELITE HELP″ under the Local/Sites/Others tab on the SERP Home Page. Orders will be received within 7-15 days.

  3. If a product is on back order, advise the taxpayer the item they requested is on back order and will be shipped when it becomes available.

    Note:

    Please do not take additional reorders. If the customer says they need/want the item immediately, you should advise them they may be able to download the product from irs.gov.

  4. If a product shows it is a new product that is not yet available, advise the taxpayer the product is not yet available and will be shipped when it becomes available.

    Note:

    Please do not take additional reorders and do not refer the customer to irs.gov. However, if the customer says they need/want the item as soon as possible, you can inform them the product generally is available on irs.gov prior to being available in print. Explain that you do not have a date when it will be available.

  5. When placing an order through the ELITE system, and the address does not match, you must probe the taxpayer to confirm the correct mailing address. You must ask the taxpayer to repeat the information and verify the spelling of the address before sending the order as an override. An incorrect/incomplete address will delay and possibly prevent delivery of the order.

  6. If Then
    Taxpayers calling from outside the United States Advise them to call 215-516-2000 for assistance.
    The IRS will answer tax questions and help with account problems including ordering forms and publications. Telephone assistance is available Monday through Friday 6:00 a.m. - 11:00 p.m. Eastern Standard Time.
    U.S. taxpayers residing overseas with technical account questions Advise them to send their questions via fax to 215-516-2555, or by mail to Internal Revenue Service,
    P.O. Box 920,
    International Section, Bensalem, PA 19020-8518.
    U.S. Taxpayers residing overseas may obtain forms and publications during filing season at the nearest U.S. Embassy and in some consulates.

  7. There are times when forms/publications requests are considered to be "Exception Processing" . Customer Service Representatives (CSRs), except default screeners, must use Automated Referral System (R-Mail) to handle inquiries that require exception processing. CSRs not trained on R-Mail must transfer the call to 92098 for (English) and 92099 for (Spanish). Exception processing includes the following:

    • Third or subsequent request for an order.

      Note:

      Follow procedures in IRM 13.1.7.2 , TAS Case Criteria, to determine if taxpayers or cases should be referred to the Taxpayer Advocate Service (TAS). when you can't resolve the taxpayer's issue the same day. The definition of "same day" is within 24 hours. "Same day" cases include cases you can completely resolve in 24 hours as well as cases in which you have taken steps within 24 hours to begin resolving the taxpayer's issue. Refer to IRM 13.1.7.4, Same-Day Resolution by Operations. Do not refer these cases to TAS unless they meet TAS criteria or the taxpayer asks to be transferred to TAS. When referring cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Request for Taxpayer Advocate Assistance Order), and forward to TAS in accordance with your local procedures.

    • Problems with the condition of the order the customer received.

  8. If Then
    The Forms Ordering portion of AMS, on ELITE, cannot be accessed or is unavailable Advise taxpayer that you can manually prepare and send a Form 4190, Order Form for Tax Forms and Publications, to the National Distribution Center (NDC). Form 4190 will be batched and mailed to the NDC. Taxpayers can contact the NDC at
    Internal Revenue Service
    National Distribution Center
    1201 N Mitsubishi Motorway
    Bloomington, IL 61705-6613
    Fax: 309-556-5062
    Also see Publication 2053-A, Quick and Easy Access to IRS Tax Help and Tax Products.
    Since these orders are usually mailed via some type of express mail, batching and mailing will increase the AMS ordering process time-frame for receipt of order by only one day.
    ELITE (AMS Forms Ordering) is unavailable Follow the procedures for taking manual orders using Form 4190, Order Blank for Tax Forms and Publications. Orders will not be queued for later transmission. When the ELITE system becomes available, the orders may be input via AMS Forms Ordering. Orders should not be held beyond the close of the business day.

    Exception:

    TE/GE Telephone assistors will follow procedures in IRM 21.3.8.3.7, Form/Publication Requests, when Elite (AMS Forms Ordering) is unavailable.

    A letter needs to be sent to a taxpayer, enclosing forms and/or publications, and a supply is not readily available, Annotate the letter to say that the material has been ordered and will be sent from the National Distribution Center. Order the forms and/or publications per instructions in (1), (2), and (3) stated above.
    Forms and publications are needed for reference at the workstation The manager should canvas for all site needs and order through normal channels.
    If you need forms and publications for personal use at home (for instance to prepare your own tax return)
    • Visit the local tax forms distribution office

    • Call the toll free forms and publications order number, or

    • Access the IRS web site at http://www.irs.gov

    Note:

    Options listed above should be done before or after work, or on your lunch or break. Request material be mailed to your home address.

    Caution:

    Do not use ELITE to order material for your personal use.

  9. Taxpayers who filed their 2008 tax return using a preparer were not mailed Form 1040–ES , Estimated Tax For Individuals, vouchers for tax year 2009. If you receive a call or correspondence from a taxpayer who did not receive vouchers and would like to receive them, tell the caller the 1040-ES package, Form 1040-ES Estimated Tax for Individuals, can be downloaded from irs.gov. The 1040-ES vouchers found on page five and seven of the package can be electronically filled out and printed. If the taxpayer does not have access to the internet, place an order for the Form 1040-ES package.

  10. Taxpayers who filed their 2008 tax return using

    • e-file

    • Paid preparer

    • Computer software


    will not receive returns for 2009. If you receive a call from a taxpayer who did not receive a return with schedules and would like to receive them in the future, follow the procedures below to place them back on the mail out.

    1. • Access Command Code (CC) ENMOD

    2. • Input TC 971 AC 298 on ENMOD using CC REQ77

    3. • Input the applicable Mail Filing Requirement (MFR) in the field titled MISC>. See Mail Filing Requirements in Doc 6209 , Section Eight, Chapter 6

      Example:

      Use MFR 05 if the taxpayer normally files Form 1040 with Schedule A, B, D, E, C, and/or F.

    4. This information will remain on the account so taxpayers will not need to call each year.

21.3.6.4.2  (05-07-2009)
Other Methods of Obtaining Forms and Publications

  1. Taxpayers may obtain IRS Publication 2053-A, Quick and Easy Access to IRS Tax Help and Tax Products. The publication provides instructions on how to obtain material via the internet, walk-in, phone or by mail. This publication and other publications can be ordered using one of the methods shown below:

    1. Internet-Access: IRS's web site at http://www.irs.gov or http://www.irs.gov/espanol/index.html.

    2. Phone: 1-800-829-3676, Tax Forms and Publications. Assistance at this telephone number may only be available in English. Limited English Proficient (LEP) persons calling this number may need to have an English translator with them when they call.

    3. Walk-in offices, many post offices, libraries, and IRS Taxpayer Assistance Centers (TAC) distribute some tax forms during the filing season.

  2. Taxpayers calling from outside the United States may call 215-516-2000 for assistance. The IRS will answer tax questions and help with account problems including ordering forms and publications. Telephone assistance is available Monday through Friday 6:00 a.m. - 11:00 p.m. Eastern Standard Time. U.S. taxpayers residing overseas with technical account questions may send their questions to:

    Taxpayers Located Overseas
    Fax 215-516-2555
    Mail Internal Revenue Service
    P.O. Box 920
    International Section Bensalem, PA 19020-8518 U.S.

    Taxpayers residing overseas may obtain forms and publications during filing season at the nearest U.S. Embassy and in some consulates.

  3. IRS Publication 1796, IRS Tax Products DVD, may be purchased via the internet from the National Technical Information Service (NTIS) at IRS Tax Forms and Publications or from the U.S. Government Bookstore for $30 (no handling fee). IRS Tax Products DVD may also be ordered by phone from NTIS at 1-877-233-6767 or from the Government Printing Office (GPO) at 1-866-512-1800 for $30 (plus $6 handling fee). Assistance at this telephone number may only be available in English. Limited English Proficient (LEP) persons calling this number may need to have an English translator with them when they call.

  4. Some prior year tax forms are now on the IRS website at http://www.irs.gov or http://www.irs.gov/espanol/index.html. Prior year forms can also be ordered through the ELITE system.

  5. Some IRS forms are not reproducible. The taxpayer must use the original.

    Example:

    Forms W-2, Wage and Tax Statement, Form 1099-INT, Interest Income, etc.

21.3.6.4.3  (10-28-2008)
Taxpayer Request for Copies of Tax Returns

  1. Taxpayers in most cases, must pay a $57 fee for the IRS to process a request for a copy of their previously filed paper or ELF tax return. Processing will be expedited and a copy will be provided free of charge in certain situations. See IRM 3.5.20.6.1, Review Requests for Proper Fee, for a complete listing of expedited copies provided free of charge.

21.3.6.4.3.1  (10-01-2009)
Return Copy Procedures

  1. Form 4506, Request for Copy of Tax Return, is used when ordering copies of Tax Returns and Form 4506-T, Request for Transcript of Tax Return, is used when ordering transcripts.

  2. Taxpayers must pay a $57 fee for IRS to process a request for a copy of their previously filed tax return in most cases. See IRM 3.5.20.6.1,Review Requests for Proper Fee, for a complete listing of expedited copies provided free of charge.

  3. Return and Income Verification Services (RAIVS) function in nine "Campuses" process requests for copies of returns which are not provided free of charge. Receipt and Control deposits the check and routes Form 4506 to RAIVS for processing. If you are in an office other than one of the campuses where RAIVS functions are located, and receive a Form 4506 with a check, deposit the check and forward the request to the appropriate RAIVS function (specified in the Form 4506 instructions) for processing. The check must not be applied to the requester's tax account. See IRM 3.8.45.7.36, Prepaid Photocopy Fees, for deposit instructions/information.

  4. If the taxpayer wants to order a copy which will not be free of charge, you can provide the order form ( Form 4506) to the taxpayer or advise her/him to obtain one on the internet at http://www.irs.gov or http://www.irs.gov/espanol/index.html. The form comes with instructions which include the mailing addresses. Copies of the return and all attachments will be provided. Return copies are mailed to the requester within 60 days of receipt of Form 4506 by the appropriate RAIVS function. Copies of Forms 1040, 1040A, and 1040EZ are generally available for 7 years from filing before they are destroyed per IRC. Copies are not available until at least 6 weeks past the filing date. If the taxpayer used a paid tax preparer, he/she may wish to obtain a copy of the return from the preparer.

  5. In many cases return transcripts or account transcripts are accepted by taxpayers in lieu of a copy of return (e.g., taxpayer is applying for a student loan, social service assistance, providing information to the Federal Emergency Management Agency (FEMA), and the United States Small Business Administration (SBA) or is preparing an amended return). You can service the request following procedures in IRM 21.3.6.4.9, Transcripts.

  6. If the taxpayer states he/she sent a check for a copy of their return, the check has been cashed, they have not received a copy of their return, and it has been more than 60 days, follow procedures in IRM 13.1.7.2 , TAS Case Criteria, to determine if taxpayers or cases should be referred to the Taxpayer Advocate Service (TAS) when you can't resolve the taxpayer's issue the same day. The definition of "same day" is within 24 hours. "Same day" cases include cases you can completely resolve in 24 hours as well as cases in which you have taken steps within 24 hours to begin resolving the taxpayer's issue. Refer to IRM 13.1.7.4, Same-Day Resolution by Operations. Do not refer these cases to TAS unless they meet TAS criteria or the taxpayer asks to be transferred to TAS. When referring cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Request for Taxpayer Advocate Assistance Order), and forward to TAS in accordance with your local procedures.

21.3.6.4.3.2  (10-01-2006)
Public Inspection of Certain Exempt Organization (EO) Returns

  1. See IRM 21.7.7.3.7.4, Requests for Copies of Returns and Exemption Application.

21.3.6.4.3.3  (10-28-2008)
Electronically Filed (ELF) Returns

  1. Taxpayers use the same procedures to request copies of electronic or paper returns. They complete Form 4506, Request for Copy of Tax Return. The fee is $57 for a photocopy.

21.3.6.4.4  (10-01-2009)
Photocopy Requests for Information Returns

  1. If the taxpayer is requesting an exact photocopy and all attachments as "originally submitted" to the IRS, including Form(s) W-2 (with state and local information), schedules or amended returns, advise the taxpayer to submit Form 4506, Request for Copy of Tax Return. Full payment must be included with Form 4506or it will be rejected. There is a $57 for each return requested. Checks or money orders are payable to "United States Treasury" , enter Social Security Number (SSN) / Employer Identification Number (EIN) and "Form 4506 request" on the check or money order. Copies of Forms 1040, 1040A and 1040EZ are generally available for seven years from filing before they are destroyed by law. Copies of informational returns are provided free of charge only as indicated in IRM 3.5.20.6.1, Review Requests for Proper Fee.

  2. Follow procedures in IRM 13.1.7.2 , TAS Case Criteria, to determine if taxpayer or case should be referred to the Taxpayer Advocate Service (TAS) when you can't resolve the taxpayer's issue the same day. The definition of "same day" is within 24 hours. "Same day" cases include cases you can completely resolve in 24 hours as well as cases in which you have taken steps within 24 hours to begin resolving the taxpayer's issue. Refer to IRM 13.1.7.4, Same-Day Resolution by Operations. Do not refer these cases to TAS unless they meet TAS criteria and the taxpayer asks to be transferred to TAS.. When referring cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Request for Taxpayer Advocate Assistance Order), and forward to TAS in accordance with your local procedures.

21.3.6.4.5  (10-01-2007)
Assisting Payers in Filing Information Returns

  1. Payers/employers may contact the Enterprise Computing Center-Martinsburg (ECC-MTB), Information Reporting Program Customer Service Section with questions about electronic/magnetic media, paper filing and tax law. The Enterprise Computing Center-Martinsburg staff can answer basic and complex Form W-2/Form 1099 questions. Topics include:

    • Tax law questions from the payer community relating to the correct preparation and filing of business information returns (Forms 1096, 1098, 1099, 5498, 8027, and W-2G).

    • Tax law regarding Form W-2 , Wage and Tax Statements and Form W-3, Transmittal of Wage and Tax Statements.

    • Electronic and magnetic media filing of Forms 1098, Forms 1099, Forms 5498, and Forms W-2G.

    • Backup Withholding as it relates to missing or incorrect taxpayer identification numbers ( CP 2100 or CP 2100A).

    • Reasonable cause regulations as they relate to missing or incorrect taxpayer identification numbers, Notice 972 (CG), A Penalty Is Proposed for Your 2XXX Information Returns--Action Required).

    • Electronic and magnetic media filing of Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding.

  2. Advise payer of ways to make contact:

    • Toll Free Number: 866-455-7438

    • Toll Number: 304-263-8700

    • Telecommunications Device for the Deaf (TDD) Number: 304-267-3367

    • Toll Facsimile Machine Number: 304-264-5602

    • Taxpayers calling from outside the U.S. for help, including requesting forms and publications, may call 215-516-2000.

      Hours of Operation: Year round, Monday - Friday, 8:30 a.m. - 4:30 p.m., Eastern Standard Time (EST).

      Note:

      When referring a payer/employer who does not speak English to MCC, tell the caller that MCC has no staff members who speak foreign languages. If the payer/employer is unable to speak English, he/she must call with an interpreter.

21.3.6.4.6  (10-01-2002)
Assisting Taxpayers in Obtaining Information Returns

  1. This section provides information for working inquiries on information returns.

21.3.6.4.6.1  (10-01-2007)
Form W–2 Information

  1. Inform taxpayer that employers must furnish a Form W-2, Wage and Tax Statement, to:

    1. Each employee from whom income tax and/or Social Security/Medicare tax was withheld

    2. Each employee from whom income tax would have been withheld if employee had claimed no more than one withholding allowance, or had not claimed exemption from withholding on Form W-4, Employees Withholding Allowance Certificate.

  2. Social Security Administration (SSA) requires submission of "Copy A" of Form W-2 or a magnetic media or electronic equivalent. The mailing address of data processing center for SSA serving the state of employer is found in instructions for preparing Form W-2, Wage and Tax Statement, and Form W-3, Transmittal of Wage and Tax Statements.

  3. Employers must complete a number of information blocks on Form W-2, Copy A. This information must be legibly entered in proper boxes for processing purposes. Blocks are numbered and labeled for each specific entry:

    • Employer's name

    • Address

    • EIN

    • Employee's name

    • Employee's SSN

  4. Because format, inclusions, exclusions, and maximum amounts vary from year to year, use a sample of a Form W-2 and instructions for applicable year when answering employer inquiries on preparation of a Form W-2.

    Note:

    Encourage employers to compare the total on Form W-3 with the total of their Form(s) 94X to prevent reporting errors.

21.3.6.4.6.2  (10-01-2006)
Form W–3 Information

  1. Inform the employer to use Form W-3, Transmittal of Income and Tax Statements, with the entire Copy A page of Form(s) W-2, Wage and Tax Statements . Form W-3 shows:

    • Number of forms being sent

    • Type of form

    • Information identifying payer

  2. Required filing date for Form W-3 is on or before the last day in February. They are filed with the Data Processing Center of SSA. See Form W-3 instructions for appropriate address.

21.3.6.4.6.3  (10-01-2007)
Correction of Form W-2

  1. Employee's Social Security record is posted from Copy A of Form W-2, Wage and Tax Statement. If there is an error on Form W-2 for wages paid, employer files a Form W-2C, Corrected Wage and Tax Statement, and a Form W-3C, Transmittal of Corrected Income and Tax Statements, to correct the error(s). Instruct employer to send corrected forms to SSA. The mailing address is in the Instructions for Forms W-2C and W-3C.

21.3.6.4.6.4  (10-01-2008)
Requests for Copies of Forms 1096 and 1099

  1. Advise taxpayer that IRS cannot provide copies of the actual forms. Actual forms, if submitted on paper, are destroyed once information is put on magnetic tape.

    1. Information shown on Form 1099, Information Return, is available on an MCC transcript requested via Command Code (CC) IRPTR

    2. Information on Form 1096, Annual Summary and Transmittal of U.S. Information Returns, is available via CC PATRA

    3. Use CC IRPTR to request on line or hard copy transcripts from the Information Master File (IRMF). Refer to IRM 2.3.35.3, Command Code IRPTRL Valid Tax Years, to determine which years are available. You can request up to 9 years (2008, 2007, 2006, 2005, 2004, 2003, 2002, 2001, and 2000)

    4. Use CC IRPTRW to request sanitized on-line payee transcript screens. This definer is used to print sanitized screens for taxpayers. See IRM 2.3.35.9.7, Payee On-Line Sanitized Transcript (Definer W), for procedures

21.3.6.4.7  (10-01-2009)
Resolving Form W–2, Form 1099, and Form 1098 Inquiries

  1. Information returns (wage and other income statements) must be provided to the payee by January 31 of the following year. However, because January 31 falls on a Saturday in 2010, employers, banks, and other businesses have until Monday, February 1 to mail or otherwise make available various 2009 year-end tax statements.

    Exception:

    A new law, enacted last fall, changed the deadline from January 31 to February 15, when brokers, including brokerage firms, mutual fund companies and barter exchanges, must furnish year-end Forms 1099-B, Proceeds From Broker and Barter Exchange Transactions, Forms 1099–S, Proceeds From Real Estate Transactions, and Forms 1099–MISC, Miscellaneous Income, to their customers. Because February 15 is a federal holiday in 2010, the deadline will be Tuesday, February 16. Where these forms are furnished by mail, the forms must be mailed, not received by that date.

    If an employee is terminated before the close of the calendar year and requests a Form W-2, Wage and Tax Statement, the Form W-2 must be furnished within 30 days of request or 30 days after last wage payment, whichever is later.

  2. For statements furnished after December 21, 2000, employers may furnish Form W-2 information electronically on an employer's web site. An employee may voluntarily consent to receive the Form W-2 information electronically, in lieu of a paper Form W-2. If the employee elects/consents to receive the Form W-2 electronically (and the consent is not revoked or withdrawn), the employer is required to post the statement on an accessible web site by January 31 of the following year. The employee may withdraw consent, electronically or in writing, before being notified by the employer that the information is posted on the web site. The employer must confirm receipt of consent withdrawal, electronically or in writing. In the case of timely consent withdrawal, the employer is still obligated to provide a paper Form W-2.

  3. For statements furnished after December 31, 2001, employers may furnish Form 1099, Information Returns, electronically on a payer's web site. Congress passed the " Job Creation and Workers Assistance Act of 2002" on March 9, 2002. The Act allows organizations to furnish Forms 1099 electronically to taxpayers in lieu of providing a statement via the mail or through personal delivery. The Act reads: "Any person required to furnish a statement, under any section of the Internal Revenue Code (IRC) of 1986, for any taxable year after the date of the enactment of this Act, may electronically furnish such statement, without regard to any first class mailing requirement, to any recipient who has consented to the electronic provision of the statement, in a manner similar to the one permitted under regulations issued under IRC Section 6051." Temporary and proposed regulations under IRC Section 6051 address the provision of Form W-2 information electronically. See (2) above.

  4. Forms W-2 must be filed with SSA by the last day in February of the following year. Forms 1099 and Forms 1098 must be filed with the IRS by the last day in February of the following year. For information returns required to be filed after December 31, 1999 with IRS, the due date for Forms 1099 and Forms 1098 filed electronically is March 31 of the following year.

  5. Requests for extension of time to file Copy A of Form(s) W-2 and Form W-3 on paper or magnetic media are submitted to the Enterprise Computing Center - Martinsburg, prior to due date of return. "Extensions of time" requests are not automatically approved. Requester receives an approval or denial letter from Enterprise Computing Center - Martinsburg.

  6. Taxpayers who are no longer employed by a company may request assistance in securing a Form W-2 if:

    • Employer has no forwarding address for employee

    • Employer may have considered taxpayer an independent contractor

    • Conditions of separation are less than favorable

  7. If a taxpayer states he/she forgot to attach the Form W-2 to the return, advise the taxpayer to wait for a notice from the processing campus requesting the missing information. Advise the taxpayer to attach the Form W-2 to the notice and return it to the processing campus that issued the notice. Do not advise the taxpayer to send the Form W-2 prior to receiving the notice.

  8. If taxpayer states the SSN on their Form W-2, Wage and Tax Statement, is incorrect, process as follows:

    If ... And ... Then ...
    The taxpayer states he/she discovered the SSN on their Form W–2, Wage and Tax Statement, was incorrect Have already filed a return Advise the taxpayer to contact their employer for a corrected Form W-2C, Corrected Wage and Tax Statement. It is not necessary to file Form 1040X, Amended U.S. Individual Income Tax Return, if the only change is to correct the SSN. Taxpayers should check their Social Security Statement (received at least one full year after the correction) against the corrected Form W-2C. If the earnings shown on Form W-2C are not shown on the statement, they should contact SSA at the telephone number shown on the Social Security statement.
    The taxpayer states he/she discovered the SSN on their Form W-2, Wage and Tax Statement, is incorrect Have not filed a return Advise the taxpayer to contact their employer for a corrected Form W-2C, Corrected Wage and Tax Statement. Tell the taxpayer to attach the original Form(s) W-2 and any Form(s) W-2C to the return when they file. Taxpayers should check their Social Security Statement (received at least one full year after the correction) against the corrected Form W-2C. If the earnings shown on Form W-2C are not shown on the statement, they should contact the SSA at the telephone number shown on the Social Security statement.

21.3.6.4.7.1  (10-01-2009)
Non-Receipt, Incorrect, or Loss of Form W–2, 1099, and 1098— Information Returns

  1. In February 2007, the "Non-Receipt of W-2" Jeeda tool was developed for improving quality and ensuring servicewide consistency. The Jeeda Tool Box can be accessed from the "Tool Bar (Hammer Icon)" which is located across the top of the screen. Click on the Tool Icon and then on the tool for "Non-Receipt W2" . This tool was designed specifically to assist CSRs in the analysis and input of the appropriate IDRS letters, and its use is highly recommended when assisting taxpayers with the non-receipt of current year processing information. See IRM 21.2.3.4.1.6, Wage and Information Documents, for prior year requests.

  2. Advise the taxpayer that employers/payers have until January 31 to issue information returns; however, because January 31 falls on Sunday in 2010, employers, banks, and other businesses have until Monday, February 1 to mail or otherwise make available various 2009 year-end tax statements.

    Exception:

    A new law, enacted last fall, changed the deadline from January 31 to February 15, when brokers, including brokerage firms, mutual fund companies, and barter exchanges, must furnish year-end Forms 1099-B, Proceeds From Broker and Barter Exchange Transactions, Forms 1099–S, Proceeds From Real Estate Transactions, and Forms 1099–MISC, Miscellaneous Income, to their customers. Because February 15 falls on a federal holiday, the deadline is Tuesday February 16 for 2010. Where these forms are furnished by mail, the forms must be mailed, not received by that date.

    If the contact/inquiry is prior to February 14, (March 3 for Forms 1099-B, 1099-S, and 1099-MISC) in the current processing year, advise the taxpayer to call back after February 14 (March 3 for Forms 1099-B, 1099-S, and 1099-MISC) if the income statements are not received. Advise the taxpayer he/she should always attempt to obtain the Form W-2, or Form 1099-R from their employer/payer prior to contacting the Internal Revenue Service.

  3. For taxpayer inquiries regarding Form 1098, Mortgage Interest Statement, Form 1099, Information Return, and Form 1099–G, Certain Government Payments, (used to report unemployment benefits), advise the taxpayer to contact their financial institution or payer to obtain the missing or incorrect information reported on these forms. Form(s) 1098, 1099, and 1099–G are not required to be attached to the filed return. Advise the taxpayer if they are unable to obtain the information, they should file their return estimating interest, dividends and/or payments received, and federal income tax withheld. Taxpayers should NOT complete Form 4852, Substitute for W-2, Wage and Tax Statement or 1099-R, Distribution from Pensions, Annuities, Retirement or Profit Sharing Plans, IRAs, Insurance Contracts, etc. for Non-Receipt, Incorrect, or Loss of Form 1098, 1099 or 1099–G. Do not send 62C/63C letters. If the taxpayer receives Form 1098, 1099 or 1099–G after they have filed and the information differs from the information reported on the return filed, the taxpayer must amend their return by filing Form 1040X, Amended U.S. Individual Income Tax Return.

  4. If a taxpayer calls requesting assistance in obtaining current processing year Form W-2, Wage and Tax Statement, or Form 1099-R, Distribution From Pensions, Annuities, Retirement or Profit Sharing Plans, IRA, Insurance Contacts, etc., follow the procedures below if after February 14, in the current processing year; Taxpayer Authentication is required for telephone calls, you must know with whom you are speaking, see IRM 21.1.3.2.3, Required Taxpayer Authentication. The procedures below can be used for both phone and paper inquires. For paper inquires, call, fax or write to the taxpayer for required information.

    Note:

    If the taxpayer is a 1st time filer and the taxpayer has taken action to secure the non-receipt, lost or missing form(s), such as calling, writing or accessing electronic information, and it is after February 14, in the current processing year; send 62C Letter, Non-Receipt, Incorrect, or Loss of Form W-2 and 1099-R, and advise the taxpayer if the information is not received in time to file their return they may file using Form 4852, estimating wages and withholding.

    If And Then
    Taxpayer states a Form W-2, and/or Form 1099-R, was not furnished, either electronically or in paper form, or is incorrect, or lost Taxpayer has taken action to secure the non-receipt, lost or missing form(s), such as calling, writing or accessing electronic information, and it is after February 14, in the current processing year but prior to May 1. 1. Ask the taxpayer if they have the following information; employer/payer name, address, city, state, and zip code.
    2. Prepare 63C Letter , Form W-2 and/or Form 1099-R, Requested from Employer/Payer. Choose the paragraph that applies to the taxpayer's inquiry under the "Header" WHY WE'RE SENDING YOU THIS LETTER. Advise the taxpayer the letter will be sent to the employer/payer. The employer/payer has 10 days from the date of receipt of the letter to respond directly to the taxpayer.
    3. Prepare a 62C Letter, Non-Receipt, Incorrect, or Loss of Form W-2 and 1099-R and send to the taxpayer. The letter informs the taxpayer of the steps the IRS is taking to obtain the missing information. Advise the taxpayer Form 4852, is enclosed. Form 4852 serves as a substitute for Form W-2, Form W-2C, and Form 1099-R and is completed by the taxpayer or their representatives when
    (a) their employer or payer does not give them a Form W-2 or Form 1099-R and
    (b) when an employer or payer has issued an incorrect Form W-2 or Form 1099-R.
    4. Advise the taxpayer they should complete Form 4852, if the information from the employer/payer is not received in time to file. Taxpayers should attach the form to their return, estimating their income and withholding as accurately as possible.
    5. Advise the taxpayer to retain a copy of Form 4852 for their records. Taxpayers should check their Social Security statement (received at least one full year later) against Form 4852. If the earnings reported on Form 4852 are not shown on the statement, they should contact the Social Security Administration (SSA) at the telephone number shown on the Social Security statement.
    6. Advise the taxpayer to request a corrected Form W-2 and/or Form 1099-R from their employer/payer before filing Form 4852.
    7. Advise the taxpayer if Form W-2, Form W-2C, or Form 1099-R, is received after they have filed their return using Form 4852, and the information differs from the information reported on their return, they must amend their return by filing Form 1040X, Amended U.S. Individual Income Tax Return.
    Taxpayer calls a second time about non-receipt, loss or incorrect Form W-2, and/or Form 1099-R .   Advise the taxpayer the employer/payer has already been contacted via letter and asked to provide the information. If the taxpayer does not receive the information in time to file by the due date, he/she should complete Form 4852, and attach the form to their return, estimating their income and withholding tax as accurately as possible.
    Taxpayer calls May 1, or later in the current processing year saying Form W-2, and/or Form 1099-R was not received. IRPTR information is available

    Note:

    Per IRM 2.3.35.1.1(6), Important Dates for Command Code IRPTR, some information is available on IRPTR as early as May.

    Send the taxpayer a Wage & Income Information Document through the Transcript Delivery System (TDS)
    Taxpayer calls May 1, or later in the current processing year saying Form W-2, and/or Form 1099-R was not received. IRPTR information is not available for the payer(s) in question. Follow procedures in Steps 1 through 7 above (first Then box)..
    Taxpayer calls about non-receipt of Form W-2, and/or Form 1099-R and states payer is in bankruptcy (not just out of business). Records to prepare information returns are in hands of a trustee or receiver appointed by bankruptcy court or taxpayer states there is no trustee or local bankruptcy court to provide Form W-2, and/or Form 1099-R to the taxpayer. Prepare 62C Letter . Advise the taxpayer to file using the Form 4852, estimating their income and withholding tax as accurately as possible and to retain all payroll receipts with their copy of Form 4852. Advise the taxpayer to retain a copy of Form 4852 for their records. Taxpayers should check their Social Security Statement (received at least one full year later) against Form 4852. If the earnings reported on Form 4852 are not shown on the statement, they should contact the SSA at the telephone number shown on the Social Security statement.
    Taxpayer inquires about the non-receipt of Form W-2 , and/or Form 1099-R and states the employer has ceased operations.   Prepare 62C Letter. Advise the taxpayer to file using Form 4852, estimating their income and withholding tax as accurately as possible. Advise the taxpayer to retain a copy of Form 4852 for their records. Taxpayers should check their Social Security Statement (received at least one full year later) against Form 4852. If the earnings reported on Form 4852, are not shown on the statement, they should contact the SSA at the telephone number shown on the Social Security Statement.
    Taxpayer inquires about non-receipt of, or incorrect Form W-2, and/or Form 1099–R states employer was involved in a merger/buy out and was told they would receive a Form W-2 from both the predecessor and successor If the taxpayer can provide the name and address of the predecessor, follow procedures in the first "Then" box above. If using Jeeda, do not indicate "employer has ceased operations" . If the taxpayer cannot provide the name and address of the predecessor, follow procedures for "employer has ceased operations" . If using Jeeda, indicate "employer has ceased operations" .
    Taxpayer is active duty or discharged military   See Exhibit 21.3.6-1 , Armed Forces Payroll Offices, for referral phone numbers.
    Taxpayer inquires about non-receipt of, or incorrect Social Security Administration Form 1099-SSA   Refer taxpayers to SSA toll free number 1-800-772-1213. Assistance at this telephone number may only be available in English. Limited English Proficiency (LEPs) calling this number may need to have an English translator with them when they call.
    Taxpayer inquires about non-receipt of, or incorrect Railroad Retirement Board (RRB) Form 1099-R   Refer the taxpayer to the Railroad Retirement Board Help Line toll-free number 1-800-808-0772
    Taxpayer inquires about non-receipt of, or incorrect Form 1099–R they are a retired civil service employee Refer the taxpayer to US Office of Personnel Management's (OPM) website at http://www.opm.gov/retire/. Advise the taxpayer there is a link on OPM's website titled "Get a copy of Form 1099–R" . If the taxpayer does not have access to the web advise them to call (724)794–2005 for assistance.

    Note:

    This information will not be available in the Jeeda "Non-Receipt of W-2" tool for this filing season.

    Note:

    For information on how to obtain Social Security services when you are outside the United States, see Social Security International Operations (http://socialsecurity.gov/foreign/). The SSA does not have a toll-free number that is accessible from overseas.

  5. If you receive a 63C Letter from an employer, treat the response as classified waste following procedures in IRM 21.5.1.4.10, Classified Waste.

21.3.6.4.7.2  (10-01-2009)
IRS Form 1099–INT Not Received or Incorrect

  1. If payee inquiry indicates Form 1099-INT, Interest Income, from IRS was not received, was lost or was incorrect, research Information Returns Master File (IRMF) or Master File (MF) Account. Accumulate all 77X transactions for the calendar year in question to determine the correct interest amount. If no 77X transactions are present, or if the amount is less than $10, no Form 1099-INT is issued.

    If And Then
    77X transactions are present Amount is over $10, the taxpayer received an incorrect Form 1099–INT from IRS, and it is BEFORE March 15 Advise the taxpayer, IRS mails out corrected Forms 1099–INT in February for accounts that have changes. Tell the taxpayer to call back after March 15 if they do not receive a corrected Form 1099–INT.
    77X transactions are present Amount is over $10, the taxpayer received an incorrect Form 1099–INT from IRS, and it is AFTER March 15 Send a request to the Accounting Refund Disbursement Function for a corrected Form 1099–INT to be issued to the taxpayer
    77X transactions are present Amount is over $10 and taxpayer did not receive a Form 1099–INT from IRS a. Download and complete Form 1099-INT via the Media and Publications web site
    b. Use EIN 38–1798424 for the IRS as payer
    c. Indicate "duplicate" on all copies
    d. For the payer address, use the Campus Refund address in the table below
    e. Print Copy B
    f. Send Copy B to the payee
    g. Put a history on IDRS indicating that Form 1099-INT was issued, the date, and the amount of interest

    Use the table below to complete the payer address on Form 1099-INT.

    Campus Payer Address
    Andover Campus (08) Internal Revenue Service
    Refund Unit
    310 Lowell Street
    Andover, MA 01810
    Atlanta Campus (07) Internal Revenue Service
    Refund Unit
    4800 Buford Highway
    Doraville, GA 30341
    Austin Campus (06,18) Internal Revenue Service
    Refund Unit
    3651 S. Interregional Highway 35
    Austin, TX 78741
    Cincinnati Campus (02,17) Internal Revenue Service
    Refund Unit
    201 West Rivercenter Blvd.
    Covington, KY 41011
    Fresno Campus (10, 89) Internal Revenue Service
    Refund Unit
    5045 E. Butler
    Fresno, CA 93888
    Kansas City Campus (09) Internal Revenue Service
    Refund Unit
    333 W. Pershing Rd.
    Kansas City, MO 64108–4302
    Memphis Campus (03, 49) Internal Revenue Service
    5333 Getwell Rd.
    P.O. Box 30309
    Memphis, TN 38118
    Ogden Campus (04, 29) Internal Revenue Service
    Refund Unit
    1973 N. Rulon White Blvd.
    Ogden, UT 84404
    Philadelphia Campus (05, 28) Internal Revenue Service
    Refund Unit
    11601 Roosevelt Blvd.
    Philadelphia, PA 19154

21.3.6.4.7.3  (12-04-2008)
Form 1099-INT Questioned or Incorrect

  1. Process inquiries regarding Form 1099–INT as follows:

    If And Then
    Payee questions Form 1099–INT Payer is NOT IRS 1. Research Information Returns Master File (IRMF) under payee Taxpayer Identification Number (TIN) for data.
    2. If interest shown, explain reason for issuance of Form 1099–INT.
    3. If the taxpayer disagrees with the amount on Form 1099–INT advise the taxpayer to call their financial institution for a corrected form.
    Payee questions Form 1099–INT Payer is IRS 1. Research IRMF under Payee TIN for data.
    2. Explain reason for issuance of Form 1099–INT.
    3. If the payer questions the amount on Form 1099–INT, see IRM 21.3.6.4.7.2., IRS Form 1099–INT Not Received or Incorrect.

21.3.6.4.7.4  (10-01-2006)
Substitute Wage and Information Returns

  1. The Service provides printed copies of wage and information returns which are available from IRS offices.

    If And Then
    Employer or payer elects to design and print his/her own forms Taxpayer requests it Send Publication 1141, General Rules and Specifications for Substitute Forms W-2 and W-3. This publication explains required format for substitute paper W-2 and W-3 forms for employers. Or send Publication 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, W-2G, and 1042-S. This publication explains required format for these substitute paper forms for employers.
    Employer or payer elects to obtain customized forms through forms suppliers Taxpayer requests it Send Publication 1141, General Rules and Specifications for Substitute Form W-2 and Form W-3. This explains required format for substitute paper forms for employers.

21.3.6.4.8  (02-07-2006)
Employee-Employer Status Determinations

  1. See IRM 21.7.2.4.23, Employee-Employer Status Determinations.

21.3.6.4.9  (10-01-2005)
Transcripts

  1. Follow procedures in IRM 21.2.3.4.1, Requesting Transcripts.

21.3.6.4.9.1  (10-01-2005)
Tax Return Transcript

  1. Follow procedures in IRM 21.2.3.4.1.4, Tax Return Transcript.

21.3.6.4.9.2  (10-01-2005)
Identification and Authentication of Requester

  1. Follow procedures in IRM 21.2.3.4.1.2, Identification and Authentication of Requestor.

21.3.6.4.9.3  (10-01-2005)
Tax Account Transcript

  1. Follow procedures in IRM 21.2.3.4.1.5, Tax Account Transcript.

21.3.6.4.10  (10-01-2006)
Disclosure on Information Requests

  1. Follow procedures in IRM 21.2.3.4.1.9, Disclosure on Information Requests.

21.3.6.4.11  (10-28-2008)
Foreign Certification Requests

  1. Taxpayers may refer to instructions for Form 8802, Application of U.S. Residency Certification , for information. Certification requests are generally processed in 30 days from the date received. Taxpayers may contact the Philadelphia Campus Foreign Certification customer service at 215–516–2000 concerning the status. This is not a toll free number. Assistance at this telephone number may only be available in English. Limited English Proficiency (LEP) persons calling this number may need to have an English translator with them when they call.

  2. Taxpayers can also fax their requests to Philadelphia Campus Foreign Certification Unit at 215-516-1035. This is not a toll free number. Taxpayer may send the Form 8802, Application for United States Residency Certification, and all required statements and documentation to:

    IRS-Philadelphia Campus
    U.S. Residency Certification Request
    P. O. Box 42530
    Philadelphia, PA 19101–2530

21.3.6.4.12  (10-01-2006)
Third Party Requests

  1. Follow procedures in IRM 21.2.3.4.1.10, Third Party Requests.

Exhibit 21.3.6-1  (10-01-2007)
ARMED FORCES PAYROLL OFFICES

LIST OF ARMED FORCES PAYROLL OFFICES
Assistance at these telephone numbers may only be available in English. Limited English Proficiency (LEP) persons may need to have an English translator with them when they call.
ARMY
Defense Finance and Accounting Service
Indianapolis, IN 46249
Army Defense Finance and Accounting Member Center
Toll-free Number 1-888-332–7411
Army Retired and Annuity Pay Contact Center
Toll-free Number 1-800–321–1080
NAVY
Commanding Officer-Navy Finance Center
Celebreeze Federal Building
Cleveland, OH 44199
Navy Defense Finance and Accounting Member Center
Toll-free Number 1-888-332-7411
For Training Corps and Health Professions Scholarship Program (Stipends) personnel:
Defense Cleveland, 216–522–5509
Navy Retired and Annuity Pay Contact Center
Toll-free Number 1-800-321-1080
MARINE CORPS
Commanding Officer
Marine Corps Finance Center
1500 E 95th Street
Kansas City, MO 64197-0001
Marine Corps Finance Records Center
Toll-free Number 1-888–332–7411
Marine Corps Retired and Annuity Pay Contact Center
Toll-free Number 1-800-321-1080
AIR FORCE
United States Air Force
Denver, CO 80279-5000
Air Force Defense Finance and Accounting Member Center
Toll-free Number 1-888–332–7411
Air Force Retired and Annuity Pay Contact Center
Toll-free Number 1-800-321-1080
Air Force Academy Cadets:
HQ USAFA
Colorado Springs, CO 80840–5261
Toll-free Number 1-800-433-0461
ROTC students should call the base where active duty service was performed.
COAST GUARD
United States Coast Guard
Pay and Personnel Center
444 SE. Quincy Street
Topeka, KS 66683-3591
United States Coast Guard Personnel Center
Toll-free Number 1-866-772-8724
United States Coast Guard Retired Pay Operations
Toll-free Number 1-866-772-8724
Out-of-Service Debts (all services)
Toll-free Number 1–800–962–0648
Garnishments (all services)
Toll-free Number 1–888–332–7411

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