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25.16.1  Program Guidelines

25.16.1.1  (05-28-2009)
Overview

  1. This IRM provides administrative guidance and cross-functional operating procedures for responding to disasters or other significant emergencies. During these stressful and extraordinary situations, taxpayers and tax practitioners may require disaster/emergency relief measures to enable them to meet their tax obligations for filing returns or paying taxes without being penalized. In addition, certain compliance actions may be temporarily suspended.

  2. When a disaster or other emergency occurs and if the situation is beyond the capabilities of local and state authorities, the Governor may request that the President declare a "major disaster" or an "emergency" satisfying the provisions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. The Federal Emergency Management Agency (FEMA) is responsible for federal disaster relief activities.

  3. When the President declares a major disaster or emergency, immediate notification is made to the Governor, appropriate Members of Congress, and Federal departments or agencies. At that time, the Director of FEMA appoints an appropriate FEMA employee (or other Federal official) as the Federal Coordinating Officer (FCO). The immediate concerns of the FCO, after a declaration, are to make an initial appraisal of the types of relief most urgently needed by the affected citizens and public officials, and then coordinate all Federal disaster assistance programs.

  4. Federal agencies may provide immediate disaster relief under their own statutory authorities without a federal declaration. The decision to invoke tax relief in response to disasters and emergencies is made by the SB/SE Director, Stakeholder Liaison Headquarters, Communications, Liaison and Disclosure, or the Commissioner. The IRS does not have to wait for notification from FEMA to determine that an emergency exists and relief is appropriate.

  5. A major disaster is defined as any catastrophe (including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mud slide, snowstorm, or drought) or, regardless of cause, any fire, flood, or explosion, in any part of the United States, which causes sufficient damage to warrant major disaster assistance. Disasters may also be caused by terrorist or military action. Throughout the IRM, the term disaster encompasses all of the above causes.

  6. An emergency is defined as any occasion or instance in which, in the determination of the President, Federal assistance (Public Assistance or Hazard Mitigation Assistance) is needed to supplement State and local efforts. The endeavors involve the capabilities to save lives, protect property, public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. IRS may extend relief as a result of any emergency situation.

  7. IRS may provide relief in the form of extensions of time to file or pay under IRC § 6081 and IRC § 6161 in any disaster. If the President makes a disaster or emergency declaration, then IRS may provide relief under IRC § 7508A.

  8. IRS identifies affected taxpayers that are eligible for disaster relief. See Treasury Regulation § 301.7508A-1(d)(1). IRS usually defines the term "affected taxpayer" as provided below but, depending on the severity of the disaster, may alter the definition. Affected taxpayers include any person:

    1. Whose principal place of business or principal residence is located in a covered disaster area;

    2. Who is a relief worker affiliated with a recognized government or philanthropic organization assisting in a covered disaster area;

    3. Any individual, business entity, or sole proprietorship not located in a covered disaster area, but whose records necessary to meet tax deadlines due within the disaster period are located in the covered disaster area.

    4. Taxpayers not in the covered disaster area, but whose books, records, or tax professionals are in the covered disaster area, are also entitled to relief.

    5. An individual visiting the covered disaster area who was killed or injured as a result of the disaster.

    6. Who is determined by the IRS to be affected by a federally declared disaster; or

    7. Who files a joint return with an affected taxpayer.

  9. A "covered disaster area" means an area of a federally declared disaster "within the meaning of IRC § 1033(h)(3)" to which the IRS has determined certain deadlines for certain acts may be postponed. See Treasury Regulation § 301.7508A-1(d)(2).

    Note:

    There may be taxpayers who are having difficulty meeting their tax obligation but do not fall within the definition of "affected taxpayer " for purposes of disaster relief. IRS assists these taxpayers using normal processing guidelines.

    Example:

    A taxpayer had arranged for a business loan to pay tax due on his current year return. On the day he was scheduled to close on the loan, a disaster occurred in the town where the bank was located and the bank was closed due to severe damages. It took two weeks for the bank to complete the loan transaction. The taxpayer did file the return timely, but was late in paying due to the delay in securing the funds. If this taxpayer requests abatement of a late payment penalty, IRS considers abatement of the penalty using reasonable cause criteria.

  10. Definitions of commonly used acronyms may be found in the Glossary. IRM 25.16.1–1

25.16.1.2  (05-28-2009)
Program Stewardship

  1. Small Business/Self Employed (SB/SE), Stakeholder Liaison Headquarters (SLHQ) Communications, Liaison and Disclosure (CLD) has the primary program management responsibility for the Disaster Assistance and Emergency Relief Program.

  2. Providing consistent leadership and direction is essential to the success of the IRS response to disasters.

  3. It is critical that cross-functional involvement is ensured in the development and implementation of IRS disaster responses. Each division will designate a disaster program representative and this representative should be familiar with his/her role and responsibilities in the tax relief/support provided in response to disasters. Management must also ensure that field offices have trained personnel prepared to respond to disaster related issues in the event of a major disaster.

25.16.1.2.1  (05-28-2009)
Disaster Relief Options

  1. The IRS has a wide range of relief options for use in responding to disasters and terrorist or military attacks. The severity of the disaster and proximity of tax deadlines are the primary factors in determining the level of relief that is provided. Maximum relief can be provided when only a small number of people are significantly impacted as well as when a large number of people are impacted.

  2. The IRS has considerable discretion and flexibility in providing disaster relief. More extensive relief generally has a greater impact on IRS resources and overall tax administration and also may impact local and state taxing authorities. Therefore, it is critical that decisions regarding the level of relief are made based on the most complete information available and in coordination with all appropriate functional areas.

  3. Disaster relief under IRC § 7508A is provided to victims in federally declared areas for a period of up to one year while postponements of time to file and pay under IRC § 6081 and IRC § 6161, respectively, are provided for up to six months. Specific criteria for decision making authority related to providing disaster relief are found in Delegation Order 25-11 or its successor. Delegation orders can be found in IRM 1.2.52.5.

  4. The Disaster Relief Criteria and Level of Authority Guide is used to determine the appropriate disaster relief. This guide is available on the IRS Intranet at: http://mysbse.web.irs.gov/CLD/Disaster+Assistance/Legal+Authority/Guidance/3198.aspx .

  5. The Legal Guidance for Providing Disaster Relief is contained in chart form. It provides the statutory authority for granting postponements of time to file and pay, abatement of penalties and interest, and other relief. The document is available on the IRS Intranet at: http://mysbse.web.irs.gov/CLD/Disaster+Assistance/Legal+Authority/Guidance/3460.aspx .

  6. In general, IRS provides relief for a specific period of time (referred to as the "disaster relief period" ). Relief can be provided for filing returns and paying taxes under IRC § 6081and IRC § 6161. In the case of a federally declared disaster, IRS also provides additional time under IRC § 7508A for affected taxpayers to file claims for refund or credit, file Tax Court petitions, file refund suits, and perform any act described in Rev. Proc. 2007-56, Rev. Proc. 2007-38IRB 388. The new due date for filing, paying, or performing any act due during the disaster relief period is the last day of the period.

    Example:

    Some returns due earlier in the disaster relief period may receive a longer period of postponement than returns due later in the period. In the case of a federally declared disaster, IRS may invoke IRC § 7508A to allow affected taxpayers to file returns on or before the last day of the disaster relief period, even if the returns are due on a six-month extension that expires within the disaster relief period. Per Delegation Order 25-11 or its successor, a disaster relief period may only be for a period of up to 180 days without the direct approval of the Commissioner.

25.16.1.2.2  (05-28-2009)
Disaster Tax Administration Policy Group (DTAPG)

  1. The Disaster Tax Administration Policy Group (DTAPG) is comprised of the Chief, Disaster Assistance and Emergency Relief Program (DPO) and staff along with executives/managers from the Operating Divisions, Communications and Liaison, Chief Counsel, the Taxpayer Advocate Service, Appeals, Agency-Wide Shared Services, and Modernization Information Technology and Security Services. At least one member of the DTAPG should have prior DTAPG experience and historical knowledge of the DTAPG activities.

  2. The DTAPG convenes immediately after it is determined that a disaster, terrorist attack, or military action will result in a proposal for relief that exceeds the delegated authority of the SB/SE Director, Stakeholder Liaison Headquarters (SLHQ), Communications, Liaison and Disclosure (CLD), or could have significant impact on IRS operations. Generally the criteria for referral to the DTAPG is:

    1. When the disaster/attack/action is most catastrophic and operational and economic issues must be addressed.

    2. When proposed filing/payment postponement relief exceeds 180 days.

    3. When a catastrophic disaster occurs during the filing season (January 1 through April 15).

  3. In all disasters or terrorist/military actions, the State Disaster Assistance Coordinator (SDAC) and the DPO work together to assess the scope of the disaster. If the assessment indicates that extraordinary IRS relief may be necessary and/or the relief period may impact the filing season operations, the DPO promptly meets and discusses the assessment with the SB/SE Director, SLHQ. The SB/SE Director, SLHQ convenes the DTAPG, if appropriate, and will schedule additional meetings as necessary to address outstanding issues pertaining to that disaster. Each organization participating in the DTAPG provides representatives as needed.

  4. The DTAPG reviews the scope of the event and the relief recommendations. If the DTAPG confirms that the appropriate level of relief exceeds the delegated authority of the SB/SE Director, SLHQ, recommendations for relief and any related policy issues are developed for presentation to the Commissioner.

  5. The DTAPG also provides any other assistance needed at the request of the DPO.

  6. The DTAPG will meet quarterly to review policy and procedural matters and any other disaster related issues requiring the attention of the Board.

25.16.1.3  (05-28-2009)
Disaster Assistance and Emergency Relief Program Office (DPO)

  1. The Chief, Disaster Assistance Program Office (DPO) is a program manager in the Small Business/Self-Employed Operating Division and has overall responsibility for the Disaster Assistance and Emergency Relief Program. The DPO has primary responsibility for coordinating disaster relief with the appropriate State Disaster Assistance Coordinator (SDAC). When a disaster occurs the DPO assumes primary responsibility for determining and/or coordinating the disaster relief, serves as IRS representative to FEMA and other federal and state agencies, and provides support as needed to the SDAC. The DPO serves as the key technical representative to the DTAPG.

25.16.1.3.1  (05-28-2009)
Duties

  1. In response to individual disasters, the DPO:

    1. Prepares an IRS Disaster Declaration Notice immediately upon receipt of the Disaster or Emergency Declaration from FEMA. The notice identifies the areas within a state impacted by the disaster. The Disaster Declaration Notice is amended if additional areas are added by FEMA. The amended notice provides a cumulative listing of all areas impacted.

      Note:

      A sample notice is available at: http://www.icce.irs.gov/fema/2008/dr1762.doc .

    2. Distributes the IRS Disaster Declaration Notice to the SDAC, MITS, the DTAPG and other key contacts in the Operating Divisions and functions.

    3. Ensures the IRS Disaster Declaration Notice is posted to the intranet.

    4. Prepares the disaster relief assessment and recommendation checklist.

      Note:

      A sample of the Disaster Assessment and Recommendation checklist is available at: http://mysbse.web.irs.gov/CLD/Disaster+Assistance/Legal+Authority/Downloads/3465.aspx .


      This document is used to summarize the administrative tax relief for a specific disaster and includes:
      1) Presidential Declaration number and date (if a declaration is made). Relief can be provided even if Presidential Disaster Area is not declared.
      2) Brief description of the disaster (i.e., flood, tornado).
      3) Duration of disaster (incident period) event. In case of flooding or similar event, the ending period may not be known at the time the assessment document is prepared.
      4) IRS covered disaster area. The recommendation should include a listing of the counties, cities, parishes, reservations, boroughs and/or zip codes that represent the area experiencing significant impact due to the disaster (generally, this will be those areas designated by FEMA eligible for individual assistance programs). Geographic area population information (including zip codes) can be obtained from the U.S. Census Bureau Web Site, www.census.gov.
      5) The Tax relief proposal. Recommendations should be based on the assessment of the severity and scope of each specific disaster. Relief provided by IRS to taxpayers located in a disaster area is discretionary. There is no mandatory tax relief.

      Note:

      Even though no tax relief is being given, taxpayers located in a federally declared disaster area may file a refund claim to report a casualty loss related to the disaster in either the year of the disaster or the prior tax year.


      6) Possible Relief Options: Examples include: postponements of filing and payment obligations, postponement of time to perform certain acts (claims for refund or credit, Tax Court petitions, refund suits, any act described in Rev. Proc. 2007–56, 2007–34, IRB 388 ) failure-to-pay penalty abatement, interest abatement, notice suppression (in conjunction with filing and payment extensions), and suspension of field examination and collection contacts.
      7) Period of relief. The recommendation should provide the time frame for relief and may not exceed one year (for acts postponed under IRC § 7508A) and one year plus six months for filing returns and paying tax (under IRC § 6081, IRC § 6161 and IRC § 7508A). The postponement period under IRC § 7508A runs concurrently with extensions of time to file and pay, if any, under other sections of the Internal Revenue Code.
      8) Recommendation for use of Notice 1155, "Disaster Relief From IRS, " as a stuffer. If such use of stuffers is recommended, a listing of counties and zip codes must be provided, in an Excel spreadsheet, as well as the beginning and ending dates for the duration period of the stuffer. See IRM 25.16.1.7.7, for Notice 1155 stuffer procedures.

    5. Determines the relief period (up to 180 days) and the specific relief to be provided (including a decision on the suspension of field activities and the need for -O or -S freezes). Other Operating Divisions should be consulted as needed for freeze determinations.

      1. The use of the -O freeze should be limited to only those areas where taxpayers have been significantly and directly impacted by a disaster (systemic identification) and/or those taxpayers who individually qualify as affected by the disaster (self-identification). Factors to be considered include:
        • Use of a systemic -O freeze as part of disaster relief is a judgement call based on the facts and circumstances of each disaster. Implementation of the -O freeze should be determined based on the following considerations:
        - A large number of casualties and/or displaced persons.
        - Extensive housing damage.
        - Environmental damage that forces long-term or permanent relocation for a significant portion of the population.
        - Infrastructure damage of a severity and scale likely to cause major service impacts and economic disruptions.
        - Severe economic or physical damage to key industries and incapacitated local governments.
        • Generally, the -O freeze will be applied to significantly damaged areas designated by FEMA for Individual Assistance programs.
        •For additional information on the -O freeze, See IRM 25.16.1.3.2.

    6. Refers disaster recommendations for relief periods in excess of 180 days or for significant disasters occurring in the filing season and any relief related to deposit penalties to the DTAPG for Commissioner approval.

    7. Coordinates the approval for, and issuance of, the Disaster Relief Memorandum. See http://www.icce.irs.gov/fema/2008/dr1762.doc . The Disaster Relief Memorandum may be reviewed by Chief Counsel and other Operating Division and functional areas, prior to issuance, depending on the level of relief granted.

    8. Distributes the signed Disaster Relief Memorandum to the SDAC, MITS, the Operating Division and Functional Disaster Coordinators.

    9. Coordinates with Communications and Liaison (C&L) to ensure timely issuance of press releases and to support coordination with other governmental agencies (local, state, federal).

    10. Secures assistance from the DTAPG to resolve policy, technical, and procedural issues as needed.

    11. Ensures that adequate supplies of IRS disaster forms and publications are available for national distribution.

  2. To provide ongoing program support, the DPO:

    1. Maintains and updates IRM 25.16.1.

    2. Develops and submits work requests for systemic improvements of disaster processing.

    3. Maintains and updates disaster information on internal and external websites.

    4. Serves as IRS Representative at Department of Homeland Security (FEMA) sponsored meetings and activities at Headquarters. The DPO will convene bi-annual meetings between the IRS, DHS (FEMA) and SBA to review shared agencies' strategies and points of contacts.

    5. Provides technical support and guidance to ensure consistent, appropriate relief and ensure appropriate referrals are made when needed to other divisions for technical/operational advice.

    6. Facilitates disaster-related activities among all operating divisions, functional areas and campuses.

    7. Maintains up-to-date SDAC listing.

    8. Maintains ongoing communication with SDACs.

    9. Convenes quarterly Disaster Tax Administration Policy Group (DTAPG) meetings.

    10. Provides periodic reports that identify recommendations for program improvement.

    11. Identifies SDAC training needs and schedules classes as needed.

    12. Maintains current and historical files.

    13. Prepares and distributes an annual Servicewide Communication explaining IRS's role in providing disaster relief. The communication should reference IRM 25.16.1 and be included in the SB/SE Outreach Initiative Database for delivery in advance of hurricane season each year (May).

25.16.1.3.2  (05-28-2009)
-O Freeze

  1. The -O freeze is a systemic disaster indicator on IRS Master Files available to assist in disaster processing (it marks the account for disaster processing). When using the -O freeze as part of any geographically based grant of disaster relief, it can be set to include an entire zip code area.

    1. Purpose - The use of the -O freeze allows the Service to provide special processing related to any filing/payment/interest relief granted for a geographic area. When the -O freeze is systemically set for a specific disaster period (defined disaster beginning and end dates) , it will have the following impact for all taxpayers within those designated areas.
      1) Suspend mailing of notices (as defined in See IRM 25.16.1.7.8.)
      2) Establish a filing and payment postponement period for those taxpayers with a filing or payment due date or extended due date in the disaster period.
      3) Allow for special penalty/interest computation for taxpayers meeting the criteria for the filing and payment relief granted.
      4) Suspend a number of collection and examination activities (including DIF ordering through AIMS, Underreporter activity, TDA/TDI processing).

    2. Taxpayers whose accounts are subject to the -O freeze will receive the special interest and penalty consideration/computation for the relief period even if they file or pay after the freeze is lifted.

25.16.1.3.3  (05-28-2009)
-S Freeze

  1. The -S freeze is a systemic disaster indicator that gives the IRS the flexibility to grant filing and payment relief without suspending compliance activities when the impact and scope of a federally declared disaster does not warrant the -0 freeze. The -S freeze will be input systemically for all taxpayers located in the IRS covered disaster areas. Affected taxpayers located outside the covered disaster areas will be advised to call the toll-free number 866-562-5227, to self-identify for disaster relief. Taxpayers will no longer self-identify by writing a disaster designation in red at the top of the tax form.

  2. Procedures for inputting -S freeze can be found at See IRM 25.16.1.7.5.

25.16.1.4  (05-28-2009)
State Disaster Assistance Coordinator (SDAC)

  1. The SDAC position is held by the Field Area Manager of Stakeholder Liaison (SL) or their designee. The SDAC has primary responsibility to mobilize personnel to provide assistance to taxpayers in areas covered by federally-declared disasters. The SDAC may designate a person on his/her staff to act on his behalf in carrying out the requirements (or certain specific activities) of this duty. The DPO notifies the SDAC of federally declared disasters at which time the SDAC begins coordinating operations in the field to include staffing, training, reporting and securing equipment. The following sections outline in more detail the duties and responsibilities of the SDAC. The assistance sites are referred to in this section as traditional Disaster Recovery Centers (DRCs) operated by FEMA for individual assistance. At times it may be necessary to staff nontraditional sites (referred to as Non FEMA). The same operating procedures listed in these sections apply to any sites requiring assistance. The IRS deals mostly with natural disasters but should the need arise, the same operating procedures apply to other emergency situations.

25.16.1.4.1  (05-28-2009)
Roles and Responsibilities of SDAC

  1. The roles and responsibilities of the SDAC include completing many actions before a disaster occurs (Pre-Disaster Actions) and immediately following a disaster. Monitoring, coordinating and working within CLD and other operating divisions/functional divisions (OD/FDs) are essential throughout the process. Listed below are the guidelines providing the SDAC roles and responsibilities used in coordinating an IRS disaster response.

  2. As part of the preparation for disaster response coordination (Pre-Disaster), actions performed by the SDAC include:

    1. Providing the DPO with contact information for the SDAC, his/her alternate or any designees. The DPO uses this information to complete the national SDAC Coordinator listing.

    2. Completing annual SDAC training, delivered by the DPO or his/her designee.

    3. Sending annual awareness communication to all potentially affected parties, i.e. Field Media Specialists and other OD/FD Disaster Coordinators informing them of the SDAC roles during a disaster. This is completed prior to an area's known disaster season (if one exists) but no later than May 31 of each year. A copy of an awareness communication sample is available. See Exhibit 25.16.1-2.

    4. Updating disaster cadre listing by May 31 of each year. No additional solicitation will be made.

    5. Working with field Governmental Liaison (GL) on FEMA stakeholder relationships. GL maintains regional relationships in order to secure the DRC locations and Federal Coordinating Officer (FCO) contact for the SDAC. See IRM 25.16.1.5.

    6. Establishing and maintaining stakeholder relationship with FEMA FCO. The FCO has responsibility over all the DRC sites for a particular disaster or emergency.

    7. Ensuring a practitioner volunteer cadre or other agreement with state and local practitioner organizations is in place and up to date.

  3. The service is committed to assisting disaster victims in understanding the tax law associated with claiming un-reimbursed casualty losses and helping them meet their federal tax obligations for filing returns or paying taxes without being penalized. The SDAC will ensure that IRS personnel assist victims by:

    1. Distributing Publication 2194, "Disaster Losses Kit for Individuals" and Publication 2194 B, "Disaster Losses Kit for Businesses ."

    2. Providing tax counseling on the determination of deductible casualty losses included in Publication 547, "Casualties, Disasters, and Thefts."

    3. Explaining the federal tax relief that has been granted to taxpayers affected by the disaster.

    4. Distributing information to assist taxpayers in reconstructing lost financial records. This information is on the IR Web using the link under "Reconstructing Your Records" at: http://www.irs.gov/newsroom/article/0,,id=152317,00.html

    5. Assist taxpayers in completing Form 4506, Request for Copy of Tax Return or, Form 4506–T. Request for Transcript of Tax Return. These products are provided free of charge to taxpayers affected by federally declared disasters.

    6. Preparing Form W-4"Employee’s Withholding Allowance Certificate" , if appropriate, to change withholding allowances.

    7. Assisting taxpayers in understanding the rules regarding the use of substitute W-2’s, "Wage and Tax Statement" , on Form 4852, "Substitute for Form W-2" .

    8. Referring taxpayers to the IRS web site for additional information.

  4. Subsequent to notification by the DPO that a Federally-declared disaster notice has been issued, the SDAC ensures that on-going communication takes place between the DPO and SDAC throughout the disaster or emergency. This may include the use of the SDAC as a resource by the DPO to assist in making tax relief assessments and recommendations.

  5. After a disaster has occurred and declarations have been made (Post-Disaster) the SDAC:

    1. Monitors the needs of the public and reports issues and findings to the DPO.

    2. Coordinates operations in the field at FEMA DRCs to include staffing, training, reporting and any equipment needs.

    3. Considers recognizing employee contributions to the disaster and emergency program as appropriate.

25.16.1.4.2  (05-28-2009)
Operational Guidelines - SDAC

  1. Operational guidelines are used to assist the SDAC in coordinating IRS participation at established DRCs.

  2. Disaster Recovery Center (DRC)

    1. The Governmental Liaison (GL) is responsible for providing the SDAC with the location information of the DRCs and the necessary contact information for the FEMA Federal Coordinating Officer (FCO). Using this information the SDAC plans the staffing and determines the equipment and supplies needed. See IRM 25.16.1.5. for GL's role.

    2. The SDAC will contact the assigned FEMA FCO to determine the need for IRS presence at DRCs. The FCO is responsible for operations at the DRC sites. Sites are either fixed or mobile. Generally, only fixed sites will be staffed by IRS personnel.

    3. SDAC may also be responsible for staffing Non-FEMA disaster assistance sites. The same guidelines apply to any sites staffed.

    4. SDAC Site Visit Check Sheet for DRCs is used to ensure proper set -up at the sites. See Exhibit 25.16.1-3.

  3. Staffing

    1. In addition to the Disaster Cadre listing, the SDAC may request additional staffing based on the number of DRC locations identified. Coordination with the responsible Area Directors or their designee is necessary.

    2. SDAC evaluates the resources provided and ensures that all possess the required technical competencies.

    3. SDAC considers multiple factors to prudently, effectively and in a timely manner, secure staffing for the DRCs. Volume of taxpayers needing assistance at the sites, time in travel status, travel expenditures such as actual location of POD or residence in relation to DRC, and whether bi-lingual assistance is needed, are among the considerations included in making the staffing selections. Normally, Stakeholder Liaison (SL) employees, as part of their duties, are called upon first. Employees from other OD/FDs may also be called upon to provide assistance, in accordance with the Service Level Agreements (SLAs). Copies of the SLAs are available on the IRWeb at http://mysbse.web.irs.gov/CLD/Disaster+Assistance/About/5347.aspx

    4. As assistors are identified, the SDAC provides an introductory E-mail giving information about their roles, responsibilities and information about training that must be completed before reporting to a DRC. A sample copy of the introductory E-mail is available on the Disaster Assistance & Emergency Relief web site by accessing the following link: http://mysbse.web.irs.gov/CLD/Disaster+Assistance/ProceduresTrainingGuidelines/Communications/3494.aspx .

    5. SDAC continually re-evaluates the staffing needs throughout the disaster period and adjusts accordingly.

    6. The rigors of disaster assistance work should be clearly understood. The work is often arduous, involves long hours, and sometimes involves work in uncomfortable situations. Employees may be dealing with adults and children who are frightened and grieving. It is essential that employees are fully informed of what is involved. Employees who are not able to participate should be reminded of other contributions to disaster relief which are also helpful but do not make such severe demands.

  4. Reports

    1. SDAC is responsible for entering appropriate disaster information into the Disaster Assistance Activity Report (DAAR) and ensuring that each employee completes the DAAR daily.

    2. The SDAC maintains the information in the DAAR. This includes entering:
      • Employee data and appropriate access level authorizations.
      • The type of disaster, i.e. Hurricane/Tornado/Flood, etc.
      • Information on the DRCs.

  5. Equipment and Supply Needs - Internal and External

    1. SDAC coordinates with the SL HQ employee assigned to work with MITS to ensure that the appropriate equipment/supplies needed in the field are obtained. A Service-Level Agreement will be negotiated with MITS. When finalized, a copy of the Agreement will be posted to the IRweb.

    2. MITS will provide the following equipment:
      1) Laptop computers
      2) Desktop computers
      3) Portable printers

    3. Equipment to be requested from FEMA (by GL on SL behalf)
      1) Table and chair(s)
      2) Telephone at desk or access
      3) Electrical outlet
      4) Internet access (DSL or phone line)
      5) Fax and copy machine access
      6) Possible storage for publications
      7) FEMA site access badges

    4. Secure banners from DPO.

    5. Flyers promoting the Disaster Assistance toll free number (if operational) are available in English at: http://publish.no.irs.gov/PUBS/PDF/38801B07.PDF , for Publication 3067 and in Spanish at: http://publish.no.irs.gov/PUBS/PDF/38855H06.PDF , for Publication 3067SP.

  6. Training

    1. SDAC or designee receives annual Disaster Assistance Program training from the DPO or his/her designee.

    2. SDAC is responsible for providing training to employees providing Disaster Assistance and ensures they clearly understand their duties. See IRM 25.16.1.4.3, Training.

25.16.1.4.3  (05-28-2009)
Disaster Recovery Center (DRC) Operational Guidelines

  1. This section contains the operating guidelines for employees working at a DRC. These guidelines apply to both FEMA and Non-FEMA sites. Our commitment is met by assisting taxpayers with the resolution of tax related issues. This would predominately include providing information related to claiming casualty losses.

  2. General Information

    1. Taxpayers and tax practitioners can find information about reporting casualty losses and the latest IRS disaster assistance information on the Internet at www.irs.gov or by calling the IRS toll-free number, 1-866-562-5227.

    2. IRS Disaster Notices, Relief Memorandums, and other program information are available on the IRWeb at: http://serp.enterprise.irs.gov/databases/irm-sup.dr/disaster.dr/disaster-toc.htm .

    3. The State Disaster Assistance Coordinator (SDAC) is the contact person for employees working at a DRC for purposes of addressing any concerns or issues at the site.

  3. Assistance provided when a disaster strikes

    1. Helping taxpayers understand the tax law to assist in ensuring they receive full advantage of all tax relief provisions. The tax law education generally includes information on calculating and reporting casualty losses and meeting overall federal tax obligations, such as requirements for filing returns and/or paying taxes without being penalized. Preparation of tax returns is not done at the DRC, however referrals to the Taxpayer Assistance Centers (TACs) may be made in accordance with IRM 21.3.4.10.10 or local volunteer tax professionals, based on local procedures.

    2. Distributing disaster kits and information:
      1) Publication 1600 and Publication 1600(SP) – "Disaster Losses, Help from the IRS" – These tri-folds contain excellent overviews of what services and relief the IRS can provide to anyone affected by a federally declared disaster. Publication 1600 or Publication 1600(SP) are the primary documents that should be handed out to every person that seeks assistance at the DRC.
      2) Publication 2194, "Disaster Losses Kit for Individuals" and. Publication 2194B, "Disaster Losses Kit for Businesses." Both Publications, 2194 and 2194B, contain tax forms and publications that assist taxpayers in claiming a casualty loss on property that was destroyed by a natural disaster. These publications should be handed out only to those taxpayers that have suffered losses in the disaster.
      3) Disaster flyers and news releases, that contain up to date disaster relief information.

    3. Helping taxpayers determine amounts of casualty loss:
      1) Taxpayers who sustain a loss (as described in IRC § 165) attributable to a disaster that occurred in an area designated by FEMA for public and or individual assistance may elect to deduct the loss on their return for the immediately preceding tax year rather than on the return for the tax year in which the loss actually occurred.
      2) Refer to Publication 547, "Casualties, Disasters and Thefts" , for additional information. This publication is included in Publication 2194and Publication 2194B.
      3) A Casualty Loss Calculator is available for internal use on Servicewide Electronic Research Program (SERP) at: http://serp.enterprise.irs.gov/databases/irm-sup.dr/current/pr.dr/files/27-a.htm .

      Note:

      See IRM 25.16.1.4.3., Training, for additional information.

    4. Answering tax questions on any tax related matter that might apply to the disaster declaration. If the questions are beyond the assistor’s expertise, have the taxpayer contact the toll free number, 1-866-562-5227, or prepare written referral for response back to taxpayer.

    5. Taking action to input -S or -O freeze in accordance with guidelines established by the local SDAC.

    6. Assisting taxpayers in obtaining copies of tax returns (without charge) by using Form 4506, "Request for Copy of Tax Return" , or copies of transcripts by using Form 4506-T, "Request for Transcript of Tax Return" . Write the appropriate disaster designation, such as "HURRICANE/TORNADO/ FLOOD/WILDFIRES, etc." , in red letters across the top of the form to expedite processing and to waive the normal user fee. SDAC will follow appropriate procedures for processing these requests (mailing or faxing).

    7. Distributing information about reconstructing lost financial records.

    8. Preparing Form W-4 to change withholding allowances, if appropriate.

    9. Assisting with the rules regarding the use of substitute W-2’s.

      Note:

      Return preparation will not be provided at the DRC. Taxpayers needing tax return preparation should be referred to Taxpayer Assistance Centers (TAC), Voluntary Income Tax Assistance (VITA), Tax Counseling for the Elderly (TCE) sites, or should seek assistance from a tax professional. See IRM 21.3.4.10.10 , "Return Preparation Criteria for Disaster Impacted Taxpayers" .

  4. Site Guidelines

    1. When an employee is assigned to a DRC, the employee will report to the FEMA site manager who directs them to the area or table where they can set up for IRS Disaster Assistance.

    2. The FEMA site manager advises the employee of any FEMA site procedures (i.e., signing-in, initialing victim’s routing sheet, daily counts, and appropriate dress).

    3. At each site the employee is provided a table, chairs, telephone, electrical outlet, fax access, copy machine access, storage area for publications, and DRC security access badge. In addition, the employee should always carry an IRS identification badge or credentials.

    4. The employee may also be provided a cell phone by the SDAC, if needed (e.g., poor phone service in the area).

    5. The employee will assist the victims as outlined above. See IRM 25.16.1.4.3(3).

    6. The employee will, on a daily basis, whenever possible, update the appropriate field in the Disaster Assistance Activity Report (DAAR). See IRM 25.16.1.4.3. (6)

    7. The employee will report any problems or concerns to the SDAC.

  5. Training

    1. Training is completed prior to reporting to the site. The employee will receive an E-mail from the SDAC outlining this information.

    2. The employee must:

      1. Complete the Disaster Assistance and Emergency Relief Course # 17349, accessible on ELMS at https://elms.web.irs.gov.

      2. Review reporting requirements for the Disaster Assistance Activity Report (DAAR). The DAAR user guide is accessed at the following link: http://sbse.web.irs.gov/daar.

      3. Become familiar with the Casualty Loss Calculator for internal use located on SERP at http://serp.enterprise.irs.gov/databases/irm-sup.dr/current/pr.dr/files/27-a.htm .

      4. Keep up to date on disaster tax relief information. The latest information can be accessed at www.irs.gov using the key word "disasters" or at the following link : http://www.irs.gov/newsroom/article/0,,id=108362,00.html and through the Disaster Assistance and Emergency Relief Program page located on the intranet at http://mysbse.web.irs.gov/CLD/Disaster+Assistance/default.aspx .

  6. Disaster Reporting Guidelines

    1. All employees who provide assistance at DRC, regardless of Operating Division, report disaster related taxpayer contacts (units) and time expended (hours) on the Disaster Assistance Activity Report (DAAR).

    2. The DAAR is a web-based report that allows input of time directly into the program using the following link: http://sbse.web.irs.gov/daar. If computer access is not available, complete the paper version and FAX or call in the information to the SDAC for input.

    3. The DAAR information report is required by COB each day or other designated time provided by SDAC.

    4. The Disaster Assistance Activity Report does not replace any other organizational reporting requirements and must be completed in addition to other reports required by the employees' operating function. All other time issues including overtime, Tour of Duty (TOD) changes, travel time, and expenses are addressed with the employees’ managers. Examples of the DAAR Reporting Contents are available on the IRS Intranet at: http://mysbse.web.irs.gov/CLD/Disaster+Assistance/ProceduresTrainingGuidelines/Downloads/3462.aspx.

25.16.1.5  (05-28-2009)
Role of Governmental Liaison (GL)

  1. The IRS Disaster Response Plan establishes a comprehensive partnership approach and response to federally declared disasters. This partnership combines the strengths from both GL and SL that help mobilize SL field personnel to assist taxpayers in areas affected by the declared disaster. The roles of each are spelled out later in the plan.

  2. This plan involves all of GL and SL, both at the field and headquarters level. The specified roles are described later in this plan. It is important that everyone understands all of the roles in this plan.

    1. The plan is activated when the National Disaster Assistance Coordinator (DPO) is notified a federally declared disaster has occurred.

    2. State Governmental Liaison (GL) – The state GL is the non GLRFC in each state that is impacted by the disaster. The state GL works closely with the GLRFC in gathering and sharing information so that all appropriate stakeholders are informed.

  3. Roles of GL Headquarters - Under the Fed/Fed program, HQ GL:

    1. Coordinates Interagency meetings and arranges for any formal agreements with other federal agencies. This includes the relationship with FEMA.

    2. Serves as back-up to HQ National Disaster Assistance Coordinator (DPO) during disaster events to maintain ongoing communications with HQ FEMA, and under exigent circumstances, may be called upon to provide on-site presence at the National Incident Command Center at FEMA HQ. HQ GL notifies Chief, Disclosure of any disclosure issues.

    3. Serves as the relationship manager with FEMA HQ. May be called upon to attend FEMA interagency coordination meetings, along with, or as back-up to, the DPO.

    4. Responds to issues raised by the GLRFC during a disaster.

      Example:

      If the GLRFC is having difficulty in making contact with the FEMA FCO, then the GLRFC may contact a GL HQ Disaster Analyst.

  4. Roles of the GL Regional FEMA Coordinators (GLRFC).

    1. The GLRFC is responsible for the regional FEMA stakeholder relationship. This includes relationship management pre-disaster, during, and post-disaster. The GLRFC attends semi-annual regional FEMA meetings and any other meetings that enhance the IRS disaster response. The SDACs may attend these with the GLRFC.

    2. The GLRFCs should maintain disaster awareness for any disasters that occur in their area. The FEMA website http://www.fema.gov has immediate information when a disaster or federally declared disaster has occurred. The SDAC can also provide disaster information. GLRFC maintains regional relationships in order to quickly identify the Disaster Recovery Center (DRC) locations and the Federal Coordinating Officer (FCO) contact for the SDAC. The GLRFC is responsible for providing the SDAC with the location information of the DRCs and the necessary contact information for the FEMA Federal Coordinating Officer (FCO). Using this information, the SDAC plans the staffing and determines the equipment and supplies needed.

    3. The GLRFC is responsible for communicating the location of the DRCs and other disaster-related information to the state GLs in the impacted area. Relationships should be formalized prior to any disaster. The GLRFC is responsible for obtaining the contact information for FEMA, the SDACs that represent the states covered, and the state GLs. These contact numbers should include off-duty numbers. The GLRFC should maintain a copy of the contact numbers in an off-site location in case the disaster occurs after hours or on weekends.

  5. Roles of the state GLs. The state GLs should be in communication with the GLRFC. The state GL is responsible for providing the GLRFC their contact information, including off-duty contact information. The state GLs are responsible for providing the location of the DRCs and other IRS disaster information to their congressional delegation and state taxing authority partners.

  6. Concept of Operations

    1. Relationship Management GLRFC to FEMA - The role of the GL has always been relationship management with federal and state agencies. The importance of building a relationship with the FEMA contacts prior to a disaster cannot be over-emphasized. The GLRFC should use the external template letter to initiate the relationship. It is available on the IRWeb at: http://mysbse.web.irs.gov/CLD/Disaster+Assistance/ResponsePlan/default.aspx . The initial contact should not be the only contact. The GLRFC should build upon the initial contact by making a face-to-face visit and/or telephonic contact. These FEMA relationships can further be advanced by attending regional FEMA meetings with participating federal agencies.

    2. Relationship Management GLRFC to SDAC - The GLRFC should build a partnership with the SDAC prior to any disaster. They should exchange contact information and discuss how communication takes place during a disaster response. A proactive approach should be taken with this relationship as both participants play a large role in the IRS's successful response to a disaster.

    3. Pre-Disaster Activities for the GLRFC:
      • Establish relationship with SDAC
      • Establish contact with FEMA
      • Reach agreement with FEMA in advance of any disaster or equipment needs. See IRM 25.16.1.4.2(5).
      • Provide updated GLRFC Telephone Contact information to HQ GL
      • Be proactive and be prepared. Plan in advance of a disaster what to do and what roles to play. It is too late once the disaster hits.

    4. National FEMA Meetings - HQ GL coordinates with the DPO IRS' attendance and participation in meeting with FEMA HQ. Under exigent circumstances, HQ GL may be called upon to provide on-site presence at the National Incident Command Center at FEMA HQ.

    5. Regional FEMA Meetings - The GLRFC attends some regional FEMA meetings that pertain to the IRS' role in disaster response. These meetings are used for information gathering purposes, advance disaster planning, and relationship building. If possible, the SDAC attends in partnership with the GLRFC.

    6. When a Disaster is Declared - GLRFC Interactions:

      1. DPO notifies SDAC and HQ GL of federally declared disaster.

      2. HQ GL notifies GLRFC who, in turn, contacts FEMA (FCO or Logistical Manager) to obtain DRC information.

      3. GLRFC provides DRC and any other related information to SDAC and state GL.

      4. GLRFC ensures communication exchanges continue thorough out the disaster response period.

        Note:

        When the GLRFC cannot resolve an issue or problem with the local FEMA contact the GLRFC should contact the HQ GL Disaster Analyst listed on the contact sheet. The HQ GL will elevate the concerns to the DPO.

    7. When a Disaster is Declared - State GL Interactions:

      1. Obtain DRC information from the GLRFC.

      2. Provide disaster information to congressional delegation and state taxing authorities.

        Note:

        The SDAC determines which DRCs the IRS will staff as well as the on-duty hours. The state GL should only provide information on the IRS- staffed DRCs and the hours the IRS will be there. This may differ from the FEMA hours.

      3. Act as local contact and assist the GLRFC and SDAC whenever possible.

      4. Act as the GLRFC if necessary.

  7. Putting it all Together - The main focus is relationship management prior to, during, and subsequent to a disaster. Pursue ongoing communication with FEMA and SL contacts. Utilize the contact listings and disaster job aids. Know what all of the players' roles are and, if possible, practice a disaster scenario with IRS partners.

25.16.1.6  (05-28-2009)
Disclosure Provisions When Providing Emergency Relief

  1. When taxpayers seek assistance in disaster situations, the IRS is charged with providing prompt aid while, at the same, time continuing our commitment to safeguard taxpayers’ confidential tax information.

  2. This section provides disclosure guidance for all employees providing emergency relief.

  3. Relevant IRM sections for cross-reference include:
    IRM 11.3.2, Disclosures to Persons with Material Interest,
    IRM 11.3.3, Disclosure to Designees and Practitioners, and
    IRM 21.1.3, Operations Guidelines Overview.

  4. IRS employees assisting FEMA, Small Business Administration (SBA) or other government agency through formal details or interagency agreements will follow the taxpayer identification and authentication guidelines of the agency for which they are providing assistance. Training on such guidelines and procedures is provided during the assignment. See FEMA Site Disclosure and Identity/Authentication Guidelines- http://mysbse.web.irs.gov/CLD/Disaster+Assistance/ProceduresTrainingGuidelines/FEMA+Sites/3583.aspx .

    Note:

    Any access to Federal Tax Information (FTI) in IRS computer databases (IDRS, ACS, etc.) during the course of providing other agency assistance above, will necessitate compliance with the following IRS authentication procedures.

  5. IRS employees providing IRS assistance on the IRS toll-free lines will continue to follow the identification and authentication guidelines used in normal IRS operations.

  6. In IRS field assistance operations, employees will remember that there is no requirement for the taxpayer to identify or authenticate, if our assistance is limited to answering tax law questions or providing general information about notices or payments. Information may be accepted from any third party, even if the provider of the information does not have a written or oral authorization from the taxpayer. Generally, this means any information that can resolve account issues, but not an address change. See IRM 21.1.3.4.

  7. In a disaster situation, remember that taxpayers may not have ready access to copies of returns, notices, bank records, social security cards, ITIN records, etc. Therefore, IRS employees must make every effort to use the data and tools available (IDRS, ACS, other internal information systems) to permit the caller to authenticate him/herself via confirmation of data in our record systems.

  8. If an authorized third party offers information to self identify a taxpayer in a disaster affected area, follow -S procedures in See IRM 25.16.1.7.5. to ensure that interest and penalty are properly waived for the duration of the disaster period.

  9. When assistance requires access to Federal Tax Information (via IDRS, ACS, other internal databases), employees will follow the same general rules in the field assistance sites as do the toll-free employees. Taxpayers will not be required to present picture identification, Social Security cards, or ITIN letters prior to receiving account or return preparation assistance.

    Note:

    Such picture and/or paper identification tools may certainly be used if available, but are not required to provide emergency relief.

  10. If there is on-site computer access, there are sufficient probes and responses that can be used to allow the taxpayer to self-identify. See IRM 21.1.3.2.4 for additional taxpayer authentication questions. This list is not all-inclusive.

    Note:

    Any available information from the tax account record can be used to establish identity.

  11. These same techniques can be used to authenticate taxpayer identity prior to providing return assistance (again, assuming access to computer databases). In providing emergency assistance, picture IDs and/or identity cards, which may not be available due to of property loss incurred during the disaster, will not be mandated.

  12. Without access to computer databases, specific account assistance, including prior year return information, cannot be provided. However, other types of assistance can and should be provided.

  13. During emergency situations, if questions arise about sufficient taxpayer identification or authentication procedures, contact the local Disclosure staff for individual case guidance.

25.16.1.7  (05-28-2009)
Wage and Investment (W&I) General Procedures - Overview

  1. This section contains the operating guidelines for W&I employees in the event of a disaster.

25.16.1.7.1  (05-28-2009)
General Information

  1. Taxpayers and tax practitioners can find information about reporting casualty losses and the latest IRS disaster assistance information on the Internet at: www.irs.gov or by calling the IRS toll-free number. A special toll-free number has been created for disaster victims, 1–866–562–5227.

  2. IRS Disaster Notices, Relief Memoranda and other program information are available on the IR Web at http://serp.enterprise.irs.gov/databases/irm-sup.dr/disaster.dr/disaster-toc.htm .

  3. The State Disaster Assistance Coordinator (SDAC) ensures that disaster assistance to taxpayers and practitioners is locally coordinated and may direct staff from any function to provide disaster assistance.

25.16.1.7.2  (05-28-2009)
Field Assistance - General Management Guidelines

  1. TAC employees may respond to disaster-related inquiries that fall within their scope of services. See IRM 21.3.4-1 exhibit.

  2. If out-of-scope, Field Assistance can immediately refer taxpayers who need technical and return preparation assistance using procedures in IRM 21.3.4.3.7.5.

25.16.1.7.3  (05-28-2009)
Assistance Provided To Disaster Victims

  1. Help taxpayers determine amounts of casualty loss.

    1. Taxpayers who sustain a loss (as described in IRC § 165) attributable to a disaster in an area designated by FEMA for public and /or individual assistance may elect to deduct the loss on their return for the immediately preceding tax year rather than on the return for the tax year in which the loss actually occurred.

    2. Refer to Publication 547, "Casualties, Disasters and Thefts," for additional information.

  2. Prepare original or amended tax returns to claim disaster losses at TAC offices, if within scope. Refer to IRM 21.3.4.10.10,Return Preparation Criteria for Disaster Impacted Taxpayers.

  3. Help taxpayers complete a new Form W-4, if needed, to adjust for the casualty loss deduction.

  4. Help taxpayers obtain copies of tax returns (without charge) or IDRS transcripts.

  5. Take action to input -S freeze, if systemic -S freeze was not input, or refer to Compliance for -O freeze, in accordance with See IRM 25.16.1.7.5.

  6. Obtain information concerning available disaster assistance and assist with the application and delivery process (i.e., temporary housing, disaster unemployment assistance, job placement assistance, etc.).

  7. Distribute Disaster Publications:

    1. Publication 1600, "Disaster Losses - Help From the IRS," and Publication 1600 (SP),"Disaster Losses – Help From the IRS" (Spanish), are tri-folds that contain excellent overviews of the services and relief that the IRS can provide to those affected by a federally declared disaster.

    2. Publication 2194, "Disaster Losses Kit for Individuals" , and Publication 2194B, "Disaster Losses Kit for Businesses" , contain tax forms and publications that can assist taxpayers in claiming a casualty loss for property that was damaged by a disaster. Publication 2194 and 2194B should be handed out only to those taxpayers that have suffered losses in the disaster.

    3. Farmers should be advised to request Publication 225, "Farmers Tax Guide."

25.16.1.7.4  (05-28-2009)
Partnering Agreement

  1. W&I maintains a partnership agreement with the Federal Emergency Management Agency (FEMA), whereby IRS employees can be utilized to supplement staffing at the National Processing Service Center (NPSC) to handle calls from disaster victims calling in to register for federal disaster assistance.

  2. W&I will coordinate with FEMA to arrange staffing for the NPSC.

25.16.1.7.5  (05-28-2009)
Accounts Management

  1. When the Internal Revenue Service makes the decision to extend tax relief to taxpayers affected by a disaster, SERP links to the memorandum which provides the type of relief that may be granted. Relief may include postponements of time to file certain tax returns, court petitions, claims for credits or refunds, postponements of time to pay certain taxes and other time sensitive acts. Some relief may be statutory, while in other cases the IRS may grant administrative waivers for the abatement of certain penalties and/or interest.

  2. An -S freeze may be systemically set on identified taxpayer's accounts in the designated area (usually set on IDRS by zip code and includes the FEMA Emergency Declaration Number). This freeze gives the IRS flexibility to grant filing and payment relief without suppressing Compliance activities.

  3. An -O freeze may be systemically set that, in addition to providing filing and payment relief, suspends the mailing of notices, suspends a number of collection and examination activities, and allows for special interest and penalty calculations.

  4. The -O freeze is set by MITS systemically at the direction of the Disaster Program Office or by Compliance personnel on a case-by-case basis. The -S freeze should be manually set on accounts of taxpayers who self-identify for disaster relief by inputting TC971 with action code 688. To set the freeze on an account:

    • Pull up CC ENMOD of the affected taxpayer

    • Input CC REQ77

    • Line 2, literal, "TC" enter 971

    • Line 3, literal, "TRANS DATE" input the disaster beginning start date

    • Line 7, literal, "SECONDARY DT" input disaster ending date

    • Line 8, literal, "TC971/151-CD" input 688

    • Line 9, "FEMA-NUM" input the appropriate number (i.e., FEMA-1391). Refer to the Disaster Freeze Code On-Line Job Aid, Technical Communications Document (TCD) 0164, and IRM 21.5.6.4.28.

  5. The Disaster Victim Code on IDRS is a value indicator, as follows: 1= -S freeze on (AC 688); 2= -O freeze on (AC 087); 3= both -S and -O is on (AC 688 and 087); 4= historical -S or -O freeze was on at some time in the past but is not current.

  6. If the taxpayer is receiving balance due notices, return delinquency notices or other types of request from Compliance and needs additional time to respond, Accounts Management will prepare e-4442 / Form 4442 referral to Compliance for follow-up action. See IRM 21.3.5.4.2. Compliance personnel may then take appropriate actions to defer compliance activity for a reasonable period of time. An -0 freeze may only be placed on the Master File account systemically by MITS at the request of the Disaster Program Office or by Compliance personnel on a case-by-case basis in accordance with the disaster relief guidelines for a specific disaster when the -0 freeze has been implemented. See IRM 21.5.6.4.22.

  7. Some of the issues that Accounts Management may receive include:

    • Explaining the relief the IRS is granting

    • Explaining penalty and interest computations

    • Establishing the -S freeze on"self-identified" accounts

    • Processing amended returns - Taxpayers who sustain a loss (as described in IRC § 165 ) in an area subsequently declared a disaster area by the President can deduct the loss on their federal tax return for the preceding year rather than on the return for the year in which the loss actually occurred. Taxpayers may use an appraisal that was obtained for a federal loan or loan guarantee as the result of a federally declared disaster to establish the amount of a disaster loss. See Publication 1600, Disaster Losses-Help from the IRS.

    • Processing address change requests

    • Expediting tax refunds

    • Processing Reasonable Cause requests (Use the Reasonable Cause Assistor) - Follow IRM 20.1.1.3, Penalty Handbook, Introduction and Penalty Relief, Reasonable Cause

    • Processing requests for copies of tax returns – Refer to RAIVS Unit.

    • Processing requests to skip a payment on an installment agreement account. Follow IRM 5.19.1.5.4.23, Payments Skipped (Missed Payments).

  8. The following waivers are allowed

    • The requirement to provide a written request for an address change. Oral authority may be used to change an address if the taxpayers state they were affected by a federally declared disaster.

    • The requirement for Married Filing Joint Taxpayers to provide a completed Form 3911, Tax Statement Regarding Refund, when inquiring about a refund that was lost, stolen, destroyed, or not received due to a federally declared disaster. Oral Authority may be used.

    • The requirement mandating that all hardship refund checks requesting direct deposit be processed through the Taxpayer Advocate Office.

    • The requirement for taxpayers to provide proof of a bank account by submitting a letter, bank statement or voided check.

25.16.1.7.5.1  (05-28-2009)
Adjustments

  1. Follow normal procedures for processing amended returns that claim a disaster casualty loss. These amended returns/claims are usually processed in the Code and Edit units, using 290/299 blocking series. If the claim is processed in Accounts Management (AM), use applicable blocking series. Refer to Returns Processing Adjustment Blocking Series in Document 6209, IRS Processing Codes & Information, for a listing of adjustment blocking series.

  2. When taxpayers claim extreme hardship as well as disaster loss, consider a manual refund. See IRM 21.4.6.5.12, Customer Account Services, Manual Refunds.

25.16.1.7.5.2  (05-28-2009)
Practitioners Self Identifying Clients for Disaster Relief

  1. If you receive a call from a practitioner wanting to self identify clients for disaster relief because the practitioner’s office is located in a federally declared disaster area; transfer the call to 9813 (English) or 9839 (Spanish).

  2. Practitioners will be assisted with self identifying fewer than ten clients and given specific instructions on how to prepare and mail a CD for bulk requests (ten or more clients). Provide the practitioner with the disaster Special Services toll-free number 1-866-562-5227.

25.16.1.7.5.3  (05-28-2009)
Procedures for the Disaster Special Services Toll-Free Line

  1. Ask the practitioner how many clients they have.

  2. If the practitioner has fewer than ten clients

    1. Follow procedures in IRM 25.16.1.7.5, Accounts Management, to input a -S Freeze with the applicable FEMA number, disaster relief start date, and disaster relief end date.

  3. If the practitioner has ten or more clients, provide the practitioner with the following information to self identify their clients.

    1. Prepare an Excel spreadsheet

    2. In column A list their client's TINs

      Note:

      List SSNs and EINs separately or indicate the TIN is an SSN or EIN by placing dashes in their correct place.

    3. In column B list the first four letters of the client’s last name or the first four letters of the business name, using upper case lettering. Do not use any periods, commas, separators or any additional wording such as "the," etc.

      Note:

      Use the first four letters of the last name on Trusts and Estates.

      Caution:

      Do not include TINs of clients who live within the covered disaster area. A zip code listing identifying areas within the covered area is available at http://www.icce.irs.gov/fema/.

    4. Save the information on a CD, and mail to:

      Internal Revenue Service
      Special Services Section
      1 Independence Drive, Suite 500
      Stop 6000
      Jacksonville, FL 32202

      Be sure to include the Stop "6000" to ensure your request is processed timely.

    5. Include a cover letter with the CD requesting relief from penalties and interest. The letter should also contain the practitioner's name, address, EIN, and a statement that identifies the disaster that affected the office. A copy of the IRS news release may be helpful, but is not necessary.

  4. If the practitioner previously mailed a CD to IRS, three weeks have passed, and some or all clients have received balance due notices, apologize to the practitioner and provide assistance:
    Fewer than Ten Clients
    Follow procedures in IRM 25.16.1.7.5., Accounts Management, to input a –S freeze code with the applicable FEMA number, disaster relief start date, and disaster relief end date.
    Ten or More Clients
    Prepare a Form 4442, Inquiry Referral, and fax to the Special Services Section at (904) 665–0923.

    Note:

    Only use these procedures when the practitioner has previously mailed a CD to IRS, three weeks have passed, and the clients are receiving balance due notices. Do not prepare a Form 4442, Inquiry Referral, to check on the status of a CD request.

25.16.1.7.6  (05-28-2009)
Federal Tax Deposit (FTD) System

  1. The Computer Branch will run a special Commercial Bank Address File (CBAF) for the counties affected by the disaster. The listing of counties/zip codes included in federally declared disaster areas are posted on the Integrated Customer Communications Environment (ICCE) Web site by MITS. SERP contains links to the ICCE Web site.

  2. The Computer Branch will take the following actions when a Transmittal Report with a Federal Reserve Bank (FRB) batch day falls within the approved disaster relief period:

    1. Periodically use the special CBAF extract to identify banks listed on the missing Depository Transmittal Report. Banks affected by the disaster should not have a Form 5526, Federal Tax Deposit (FTD) Adjustment Action Request, prepared to reverse the entire FRB Transmittal Header Record (THR) amount. Instead, they should remain on the report until all FTD items are taken into account. Prepare an adjustment card to reduce the FRB THR amount for FTDs that are input separately.

    2. Decrease the count and the amount from the FRB THR if proof has been provided that the taxpayer did make the FTD payment at one of the depositaries listed on the special CBAF during the specified disaster period. This is accomplished by preparing Form 5891, FTD Service Center Control File Adjustment Record.

    3. Initiate an SC THR with the branch number beginning with S01. If additional adjustments are necessary, continue with the next consecutive branch number (e.g., S02, S03, etc.).

    4. Complete an FTD document replacement form with the FTD information provided and ensure that proper documentation is maintained on all actions taken.

  3. Reporting agents impacted by the disaster should submit FTD magnetic tape information to the Submission Processing Campuses when their computer systems become operational. They should be instructed to use the original deposit dates on the Advice of Credit (AOC) and FTD records on the magnetic tape. Reporting agents should not send payments to the Submission Processing Campuses.

25.16.1.7.7  (05-28-2009)
Notice Stuffers

  1. The Disaster Relief Memorandum issued by the National Disaster Assistance Coordinator (DPO) identifies the covered disaster area (zip codes) and the beginning and ending dates for notice suppression and/or stuffer requirements. Upon receipt of the memorandum, follow the notice stuffer requirements below, if applicable:

    1. Create a sort scheme using the zip code listing shown on: http//www.tris.irs.gov/fema.

    2. Sort notices containing zip codes within the covered disaster area to the unschemed mail pocket.

    3. Destroy notices that are suppressed. See IRM 25.16.1.7.8.

    4. Include Notice 1155, Disaster Relief From IRS, with all notices not suppressed. See http://publish.no.irs.gov/NOTICES/PDF/23672L00.PDF . For the adhesive Publication 4088, Label for IRS Disaster Assistance, see http://publish.no.irs.gov/PUBS/PDF/34914I02.PDF .

25.16.1.7.8  (05-28-2009)
Notice Suppression

  1. When the -O freeze is implemented, all letters and notices should be suppressed except:

    • All assessment notices required by IRC 6303.

    • All letters/forms pertaining to the Release of Levy/Release of Property from Levy.

    • With managerial approval, Letter 3219 (Statutory Notice of Deficiency) will be issued if the Assessment Statute Expiration Date (ASED) is within six months or other exigent circumstances exist. However the -O freeze will have to be released to allow for the generation of the letter. Re-input the -O freeze after the assessment. Otherwise, the taxpayer will be billed for the penalty and interest that was previously waived.

  2. The Disaster Relief Memorandum identifies the covered disaster area (zip codes) and the beginning and ending dates for notice suppression.

  3. Mail that has already left the functional area will not be manually retrieved.

25.16.1.7.9  (05-28-2009)
Correspondence Production Service (CPS)

  1. The Correspondence Production Services sites provide printing, inserting, sorting, and mailing of IRS notices.

25.16.1.7.9.1  (05-28-2009)
Declared Disaster Area Processing Procedures

  1. CPS-East prints and mails taxpayer notices and letters for the following six IRS campuses:

    • Andover

    • Brookhaven

    • Cincinnati

    • Atlanta

    • Philadelphia and

    • Memphis

  2. CPS-West prints and mails taxpayer notices and letters for the following four IRS campuses:

    • Fresno

    • Austin

    • Kansas City and

    • Ogden

25.16.1.7.9.2  (05-28-2009)
Notice Delivery System (NDS)

  1. Upon receipt of the Disaster Relief Memorandum that identifies the IRS covered disaster areas (zip codes), the NDS Disaster Coordinator takes the following actions:

    1. For files that go through NDS:

      1. Manually enter the impacted zip codes into NDS.

      2. Manually set up the cull process to electronically cull the suppressed notices prior to printing.

      3. Remove notices not specified in IRM 25.16.1.7.8 from the print/mail process. Create a separate print file for the notices that are not suppressed but require the insertion of Notice 1155,Disaster Relief From IRS.

      4. After the notice suppression time period has expired, print the notices not specified in IRM 25.16.1.7.8. Use the same cull process to electronically cull the notices to a separate file. Print and insert the notices, including Notice 1155, for the specified period of time. Currently, and until the NDS system is fully implemented, Publication 4088 is attached to the outside of the envelope.

      5. After the disaster relief period has expired, remove the cull process from the NDS system.

    2. For files that are not received through NDS:

      1. Ensure the sort scheme containing the impacted zip codes is manually entered into the sorter to cull the notices not specified in IRM 25.16.1.7.8.

      2. Do not mail the suppressed notices to the taxpayers. All notices not identified in IRM 25.16.1.7.8 within the impacted zip codes are culled and Notice 1155 is manually inserted.

      3. After the notice suppression period has expired, cull the notices not specified in IRM 25.16.1.7.8 and insert Notice 1155 for the required period of time.

      4. After the expiration of the disaster relief period, remove the impacted zip codes from the disaster sort scheme and restore them to their original sort schemes.

25.16.1.7.10  (05-28-2009)
Notice Review

  1. Notices may require penalty adjustments for the period designated in the Disaster Relief Memorandum.

  2. If neither the -S or -O freeze code is on the module, and it has been determined the taxpayer qualifies, abate penalties for notices with zip codes in the impacted disaster areas as follows:

    1. If only the Failure to File (FTF) Penalty (TC 166) is assessed, determine the latest Return Due Date (the later of the normal, or extended due date for the return type or the disaster end date) and the return received date. If the return received date was timely with respect to the latest Return Due Date, abate the FTF penalty for each prior month or portion of a month. See IRM 20.1.2, Penalty Handbook, Introduction and Penalty Relief.

    2. If only the Failure to Pay (FTP) Penalty (TC 276) is assessed, abate the penalty for each month and each portion of a month from the original due date through the extended due date during which the tax remained unpaid. If the return was on an extension at the time the disaster occurred, only abate the FTP penalty during the disaster relief period.

    3. If both FTF and FTP penalties are assessed but the return was filed by the date specified in the Disaster Relief Memorandum, abate the monthly portions of the penalties from the original filing/payment due dates to the actual filing/payment dates. See IRM 20.1.1 and IRM 20.1.2 for abatement procedures. If the return was on an extension at the time the disaster occurred, only abate the FTP penalty during the disaster relief period.

  3. If the taxpayer's correspondence requests relief of any penalty because of disaster damage or disruption, take the following actions:

    1. Determine whether the taxpayer qualifies for relief based on disaster criteria. If the taxpayer qualifies, abate the penalty(ies).

    2. If taxpayer does not qualify for relief based on disaster criteria but may qualify based on "Reasonable Cause" criteria, as long as reasonable cause is acceptable as a basis for removal of the specific penalty, route the case to Accounts Management. (This includes taxpayer request for Failure to Deposit (FTD) Penalty abatement).

  4. If the estimated tax penalty has been imposed, determine whether the taxpayer was required to make an estimated tax payment during the disaster period and, if so, whether the payment was received by the date required by the Disaster Relief Memorandum. If the payment was received within this period, abate the portion of the estimated tax penalty (either Individual Master File (IMF) or Business Master File (BMF)) assessed for the underpayment.

    Reminder:

    Annotate the adjustment document: "ADJUSTMENT DUE TO DISASTER."

  5. If the payment was not received within the allowable period, but it concerns the obligation of an individual, estate or trust (not a corporation's obligation) to make estimated tax payments, evaluate the taxpayer's statement to determine if it meets IRC § 6654(e)(3)(A), relating to waivers due to casualty, disaster, or other unusual circumstance. See IRM 20.1.3.

  6. Input TC 971 Action Code 688 for the computer to recalculate penalty and interest.

25.16.1.7.11  (05-28-2009)
Debtor Master File Offsets

  1. Offsets may not be reversed to honor a disaster claim. Refer to IRM 21.4.6.4.8.2, Customer Account Services, Refund Inquiries, Refund Offset.

25.16.1.7.12  (05-28-2009)
Return and Income Verification Services (RAIVS)

  1. RAIVS is responsible for expedited processing of disaster - related requests for tax return transcripts. The Accounting Operation provides tax return transcripts for individual, corporation, and partnership returns, generally within 24-48 hours of receipt. The maximum time frame for providing this service is four days.

  2. W&I, Accounts Management should establish local procedures for expediting the processing of disaster - related requests not handled by RAIVS.

25.16.1.8  (05-28-2009)
Small Business/Self-Employed (SBSE) and Wage and Investment (W&I) General Procedures - Overview

  1. This section contains the operating guidelines for SB/SE and W&I campus employees in the event of a disaster.

25.16.1.8.1  (05-28-2009)
General Information

  1. Taxpayers and tax practitioners can find information about reporting casualty losses and the latest IRS disaster assistance information on the Internet at www.irs.gov or by calling the IRS toll-free number at, 1-866-562–5227.

  2. IRS Disaster Notices, Relief Memorandums, and other program information are available on the IRWEB at http://serp.enterprise.irs.gov/databases/irm-sup.dr/disaster.dr/disaster-toc.htm .

  3. The State Disaster Assistance Coordinator (SDAC) ensures that disaster assistance to taxpayers and practitioners is coordinated locally and may, if necessary, direct staff from any function to provide disaster assistance.

25.16.1.8.2  (05-28-2009)
Compliance Field Operations - Examination Procedures - O Freeze Situations

  1. If the Disaster Tax Administration Policy Group (DTAPG) is convened and determines that the disaster requires a systemic -O freeze, a determination should be made whether to direct: (a) uniform survey of returns for taxpayers located in the covered disaster area where no contact has been made or: (b) fact-based case by case decisions, whichever is more appropriate for proper tax administration based on the circumstances.

  2. Factors to be considered:

    • Impact of the disaster on the taxpayer

    • Potential non-availability of books and records

    • Materiality of the issues.

  3. If surveying is not appropriate, suspend all actions in accordance with the Disaster Relief Memorandum before contacting the taxpayer.

  4. If the examination has been completed, delay issuing the examination report and/or the 30-day letter for the duration of the notice suppression period as provided in the Disaster Relief Memorandum. This allows taxpayers sufficient time to recover from the damage and disruption suffered as a result of the disaster.

  5. If a 30-day period was granted to allow the taxpayer to submit a protest and request for an Appeals hearing, delay further action until the later of expiration of the 30 days or the last day of the disaster relief period.

  6. If sufficient time remains on the statute of limitations for assessment, delay issuance of a statutory notice of deficiency for the duration of the notice suppression period as provided in the Disaster Relief Memorandum:

    • Employees should ensure that the statute of limitations on assessment is protected.

    • Employees should make reasonable efforts to contact the taxpayers to secure an extension of the statute of limitations on assessment, if appropriate.

  7. Rescind the statutory notice of deficiency by following the procedures in IRM 4.14.1.24, Rescinding Notices of Deficiency, if:

    • taxpayer's request for additional time is made within the 90 day petition period and the taxpayer has not petitioned the tax court, and

    • the assessment statute of limitations is protected with a properly executed consent from the taxpayer or the statute date is not imminent, and

    • the taxpayer agrees to the rescission.

    Note:

    The authority to rescind notices does not apply to TEFRA final notices of adjustment (Final Partnership Administrative Adjustment-FPAAs and Final S-Corporation Administrative Adjustment-FSAAs).

  8. Do not send new correspondence to taxpayers in disaster areas during the suspension period except in exigent circumstances. However, correspondence may be issued in response to a taxpayer-initiated inquiry.

  9. Intercept pending correspondence and hold for the suspension period.

  10. After the expiration of the suppression period:

    • When postal services are available, immediately mail duplicate correspondence to taxpayers in no-response and undeliverable mail cases if correspondence was sent before, during, or after the disaster.

    • All correspondence should include Notice 1155, "Disaster Relief From IRS."

    • If taxpayers respond timely and request a reasonable period of time to comply, grant the request (including notice of deficiency rescission).

    • Contact the taxpayer by telephone or mail to resume the examination.

    • Do not resume the examination until the taxpayer is contacted.

    • If necessary, give the taxpayer more time to provide previously requested information.

    • For lost or destroyed records, refer to IRM 4.10.3.5.5(9), or IRM 4.10.7.3 for additional guidance.

  11. The IRS will treat cases as defaulted and make the assessments within the prescribed assessment period if the taxpayer has not timely petitioned the Tax Court (taking into account any extension of the petition period under the disaster relief provisions) or if the notice of deficiency has not been rescinded.

  12. Deficiency notices must be mailed to taxpayers at their last known address.

    • Determine whether the taxpayer advised the IRS of an address change.

    • If time permits, determine if taxpayers are receiving mail at addresses other than those on file with the IRS.

    • Notices should be sent to the last known address on file and duplicate notices to any newly discovered address(es).

  13. No action should be taken on outstanding information requests until the suspension period has expired.

  14. No action should be taken on no-response cases until the suspension period has expired.

  15. If the CSED or ASED statute is not postponed by IRC § 7508A, it may be necessary to retain evidence of the initial mailing of deficiency notices.

  16. If taxpayers respond timely and request a reasonable period of time to comply, grant the request (including notice of deficiency rescission).

25.16.1.8.3  (05-28-2009)
Operating Guidelines for Campus (Service Center) Examination SBSE and W&I

  1. This section contains guidelines for cases with a Disaster indicator, -O freeze code, on the account module. A complete index of issued Disaster Relief Memorandums, zip codes, and suspension periods of enforcement activities for each disaster can be found at the disaster website: http://www.icce.irs.gov/fema/

  2. Contact with the taxpayer should be suspended until after the disaster ending date if the following Disaster indicators are present:

    • TXMOD - transaction code (TC) 971 and action code (AC) 087,

    • ENMOD - freeze code -O,

    • IMFOLE - "2" - account under special disaster processing per §7508A(a).

  3. Procedures during the disaster period, prior to taxpayer contact (AIMS status 00-09)

    1. Consider surveying returns for taxpayers located in disaster areas where no contact has been made and the case is unstarted. Factors to consider:
      • Impact of the disaster on the taxpayer
      • Potential non-availability of books and records
      • Materiality of the issues
      • Disaster end date

    2. Some types of cases should not be surveyed due to the nature of the examination, i.e., Criminal Investigation referrals.

    3. If surveying is not practical, do not contact the taxpayer, and suspend all actions in accordance with the Disaster Relief Memorandum.

  4. Procedures during the disaster period, after the taxpayer has been contacted.

    1. Do not send new correspondence to taxpayers in disaster areas during the suspension period unless responding to a taxpayer initiated inquiry or other compelling reasons, i.e., protecting the statute of limitations or handling of Statutory Notice of Deficiency.

    2. Taxpayer Replies - Agreed or No Change
      If the taxpayer replies and agrees to the report or the examination results in no change,
      • Do not suspend the case, and
      • Complete case actions for closure.

    3. Taxpayer Replies – Disagrees or Requests Additional Time.
      If the taxpayer disagrees and provides information that changes the previous report, delay issuing the revised report for the duration of the notice suppression period as provided in the Disaster Relief Memorandum. This allows taxpayers sufficient time to recover from the damage and disruption suffered as a result of the disaster.

      1. Use the following table if the taxpayer requests a reasonable period of time (30 days or less) to comply:

        If Then
        A notice of deficiency has not been issued and the current date is before January 15th of the statute year. Grant the request. (See Statute Awareness below).
        A notice of deficiency has not been issued, and the statute is imminent (current date is after January 15th of the statute year or less than 90 days remains on the statute of limitations). Attempt to secure a statute extension.
        The statute is imminent (current date is after January 15th of the statute year or less than 90 days remains on the statute of limitations), and an extension is not secured. Issue Statutory Notice of Deficiency.
        A notice of deficiency has been issued and the current date is before January 15th of the statute year. Grant the request and consider rescission of the Notice of Deficiency (see Statute Awareness below).

      2. Update AIMS and RGS.
        • Update AIMS to suspense status (local designated).
        • Update RGS suspense date to one week after disaster ending date to allow time for Master File to remove -O freeze.
        • Update to EGC 5055 (use of EGC will be locally determined).

    4. No Response from the taxpayer.
      • Take no action on no-response cases until the suspension period has expired unless necessary to protect the statute of limitations.
      • Suspend no-reply cases and undeliverable cases until one week after disaster ending date to allow time for Master File to remove -O freeze.
      • Update AIMS/RGS suspense date under c) 2) above.

  5. After the disaster end date,

    1. Resume normal examination procedures after the suspension period has expired.

    2. Lost or destroyed records:
      • Consider the documents required to substantiate the questionable item and determine if the taxpayer could reconstruct the information without undue burden. For example, can the taxpayer contact another source or third party to obtain mortgage statements, charitable contribution statements, or to substantiate a child’s residence for EITC?
      • If insufficient or no documentation can be provided,
      ~ Annotate work papers with the determination.
      ~ Managerial Approval is required to close the case.

  6. Statute Awareness

    1. Rescind the Statutory Notice of Deficiency by following the procedures in IRM 4.14.1, Examining Process, Statutory Notice of Deficiency, if all of the following are met:
      • Taxpayer’s request for additional time is made within the 90 - day petition period,
      • No petition has been filed,
      • The assessment statute of limitations is protected with a properly executed consent from the taxpayer or the statute date is not imminent and, the taxpayer agrees to the rescission.

    2. The Service will treat cases as defaulted and make the assessments within the prescribed assessment period.
      • If the taxpayer has not timely petitioned the Tax Court (taking into account any extension of the petition period under the disaster relief provisions) or
      • If the Notice of Deficiency has not been rescinded.

    3. Compute the extended Statutory Notice Period as shown in the following example:
      The disaster beginning date is August 11th, 2004.
      The disaster ending date is December 30, 2004.
      Statutory Notice of Deficiency (SNOD) was issued June 15, 2004.
      June 15th to August 11th (disaster beginning date) 57 of the 90 days that the taxpayer has to petition the Tax Court have expired..
      From August 11th to September 13th (90th day of SNOD) the Notice was suspended due to the Disaster Declaration, a total of 33 days.
      The taxpayer is entitled to 33 additional days after December 30th (disaster ending date). The new purge date is February 1, 2005.

    4. The deficiency notice must be mailed to taxpayers at their last known address and duplicate notices to all newly discovered addresses.

    5. If the Collection Statute Expiration Date (CSED) or ASED statute is not extended by IRC §7508A, it may be necessary to retain evidence of the initial mailing of deficiency notices.

25.16.1.8.4  (05-28-2009)
Automated Underreporter

  1. See IRM 25.16.1.7.9.2

  2. Follow the procedures in IRM 4.19.2, IMF AUR Control System, to suspend action on identified disaster area cases until after the designated disaster end date.

  3. After the suspension period has expired, if the Statutory Notice was generated and not mailed, issue a new Statutory Notice.

  4. If the taxpayer responds within established time frames and requests a reasonable amount of additional time to comply, approve the request. For additional information on taxpayer responses, see IRM 4.19.3, IMF AUR.

  5. IN ALL CASES, we must ensure that the statute of limitations is protected for all assessments.

25.16.1.8.5  (05-28-2009)
Automated Substitute for Returns (ASFR)

  1. ASFR systemically suspends activity for delinquent modules if the taxpayer's zip code falls within the covered disaster area. After the suspense period ends, ASFR systemically resumes processing.

    1. If a taxpayer self identifies that they, or their practitioner, are affected taxpayers but they continue to receive ASFR letters 2566 or 3219, refer them to the Centralized ASFR call site at 1-866-681-4271.

    2. If a taxpayer self identifies that they are affected but they, or their practitioner, do not reside in the declared area, refer the case to your operation's individual Taxpayer Advocate coordinator for determination of TAS issue.

    3. ASFR employees should follow procedures in IRM 5.18.1.7.11.19.

25.16.1.8.6  (05-28-2009)
Business Master File (BMF) Document Matching Programs - Combined Annual Wage Reporting (CAWR) and Federal Unemployment Tax Act (FUTA)

  1. The CAWR and FUTA Compliance functions generally work cases two years after returns are filed. When a disaster occurs, follow the suspense period outlined in the Disaster Recovery Alerts. After the disaster suspense period has expired, continue working the cases.

25.16.1.8.7  (05-28-2009)
Return Delinquency Hold Program Procedures (Frozen Refunds)

  1. The IRS holds refunds belonging to taxpayers who are delinquent in filing individual income tax returns. The primary reason for holding a refund is that the IRS believes there will be a balance due on the delinquent return(s) and the refund will be applied to the liability. Complete information and guidelines for processing these cases are in IRM 25.12.1, Delinquent Return Refund Hold Program.

  2. Taxpayers who experience a disaster are given special consideration and the refund hold freeze is released. When Master File holds a refund while processing a current year return, the taxpayer is notified within the next week. Because of this systemic processing, it is unlikely that the process can be interrupted; therefore, the case has to be resolved after the refund is held.

    1. Release the refund per IRM 25.12.1 and send Letter 2827-C explaining the action. Include this statement: "we recently wrote to tell you that we were holding your [YYYY] Form 1040, U. S. Individual Income Tax Return refund because you have not filed [list year] income tax return. Because of the possible burden and loss from the [name of disaster], we are releasing your refund. You should receive it within [x] weeks. We must still hear from you to discuss the delinquent return(s) even if you feel that you are not required to file."

    2. It is possible that a taxpayer is further along in the refund hold process (e.g., contact has already been made or the case is being worked in the Automated Substitute for Return Program (ASFR) or Examination). Disaster relief as described above should be considered for these taxpayers as well.

  3. Although a refund is released because of extenuating circumstances, the delinquency causing the refund hold remains open and assigned. It should be worked according to IRM 25.12.1.

25.16.1.8.8  (05-28-2009)
Centralized Case Processing (CCP) Liens

  1. The Field Office Resource Team (FORT) will follow the procedures in IRM 5.19.12.13.1 to suspend lien filing on disaster area cases and remove the freeze on the Automated Lien System to resume lien filing once the disaster designation has expired.

  2. The FORT will provide guidance regarding filing of lien documents and notify the CCP Lien teams of designated zip codes.

  3. Upon notification from the FORT, CCP Lien teams will follow procedures in IRM 5.19.13.1.1 .

25.16.1.8.9  (05-28-2009)
Automated Collection System (ACS) General Management Guidelines

  1. When the IRS extends tax relief to taxpayers affected by a disaster, ACS Headquarters Program Analysts (depending on the severity and scope of the disaster) may post Alerts on SERP outlining the relief required.

  2. The -O freeze may be systemically set on taxpayer’s accounts in the covered disaster area. The freeze causes the suppression of some Master File notices and most IDRS notices, and prevents new accounts from moving to ACS.

  3. Cases already on ACS receive a disaster (DST) indicator (based on the -O freeze from IDRS). This freeze prevents ACS from sending out systemic letters, liens, or levies (except LP68 levy release). ACS weekly processing extends the follow-up date to either the disaster end date or ten days after the system date (whichever is later). This prevents the accounts from appearing in the "Next Case inventory."

  4. ACS established a program that placed disaster status on accounts based on the disaster zip code list prior to receiving official notification from IDRS when an –O freeze is established to prevent unwanted case actions.

  5. The ACS program results in all manual and systemic actions being suspended if an account is in disaster status (-O freeze). No manual or systemic letters, levies, or liens will be generated regardless of the account follow-up date.

  6. Taxpayers located outside of Federally declared areas, who self identify as an"affected taxpayer," may be granted filing and payment relief. If provided for in the Disaster Relief Memorandum, compliance employees may suspend enforcement activities by manually inputting the -O freeze on the taxpayer's account as shown below.

    • Pull up CC ENMOD of the affected taxpayer

    • Input CC REQ77

    • Line 2, literal, "TC," enter 971

    • Line 3, literal,"TRANS DATE," input the disaster beginning start date

    • Line 7, literal, "SECONDARY DT," input disaster ending date

    • Line 8, literal, "TC971/151-CD," input 087

    • Line 9, "FEMA-NUM," input the appropriate number (i.e., FEMA-1391). Refer to the Disaster Freeze Code On-line Job Aid, Technical Communications Document (TCD) 0164, and IRM 21.5.6.4.22 .

  7. If taxpayer-initiated contact occurs at any time during the enforcement suspension period and taxpayer states that they wish to proceed with resolving their account, the -O freeze may be manually released.

  8. The -O freeze may be manually reversed using the same information listed in (6) above, with TC 972, prior to the systemic release date if it is determined that the taxpayer was not affected.

25.16.1.8.10  (05-28-2009)
ACS Contacts

  1. All enforcement activity and other case actions on taxpayers who self identify as impacted by the disaster, will be deferred until the expiration of the declared disaster period as outlined in the Disaster Relief Memorandum. If IRS decides to implement a systemic freeze (-O freeze, DST Alert) the suspension of enforcement activity and other case actions is for the length of the -O freeze period.

  2. When contacted by taxpayers who have defaulted on their installment agreement due to the disaster, reinstate the agreement without charging a user fee. Update the next payment due cycle to the date the taxpayer promises to start making payments. If the taxpayer says they cannot keep their agreement, follow normal procedures for taxpayers who are unable to pay. Add a complete history to DI/AMS on why the user fee was waived.

  3. Resumption of Collection Activity - At the expiration of the suspension of enforcement period (accounts with expired disaster end dates) establish "soft contact" start-up procedures in the impacted disaster area. Soft contact start up procedures are defined as follows:

    1. If the disaster covers a significant geographical area and affects a large number of taxpayers (requiring the establishment of a –O freeze) telephone contact will not be required prior to resuming case actions. To satisfy the soft contact requirement LT16 letters will be systemically generated on all accounts.

    2. On Return Delinquency accounts make one attempt to contact the taxpayer by sending an LT16 letter. Allow a 25-day follow-up from the generation of LT16. Additional time to file can be granted based on the taxpayer's unique situation. Determine the next case action based on current IRM procedures.

25.16.1.8.11  (05-28-2009)
Compliance Services Collections Operations (CSCO)

  1. The Compliance Services Campus Operations designates a Disaster Assistance Program Coordinator (DAC) responsible for coordinating operational issues with the National Disaster Assistance Program Office. The coordinator position is staffed at all times and prepared to fulfill the responsibilities when a disaster occurs.

  2. Within 24-48 hours following a major disaster, the CSCO DAC considers immediate suspension of all collection activities involving taxpayers residing in the general disaster area, pending determination of the exact disaster area (zip code) and the extent of the damage.

  3. Initially, the CSCO DAC should consider a suspension period of collection activity for a minimum of 10 calendar days from the day the disaster occurred. This allows sufficient time for damage assessment and specific relief determinations. At the CSCO DAC’s discretion, this may be for longer periods of time.

    Note:

    Collection activity, for this purpose, means all employee contacts with the taxpayer and all enforcement actions. The CSCO DAC will communicate the decision to immediately suspend collection activity to all CSCO collection employees.

  4. Coordinate disaster activities with the National Disaster Assistance Program Coordinator (DPO) to ascertain more specific guidance. The DPO issues the Disaster Relief Memorandum outlining the specific relief to be granted to affected taxpayers. The Disaster Relief Memorandum and zip code listings identifying the covered disaster area are posted on the IRWeb at http://www.ICCE.irs.gov/fema/.

  5. Ensure all employees are advised of the suspension of collection actions in the disaster area and more specific guidelines when determined.

25.16.1.8.12  (05-28-2009)
Processing Balance Due and Return Delinquency Notice Responses

  1. If the notice response from the taxpayer does not resolve the account and, the notice is not 02 primary code B (one notice):

    • Ensure that a STAUP is input to delay the issuance of subsequent notices.

    • If the suspension period is nine weeks or more, establish a control base with Status "B" and the name of the disaster as the activity code

    • If the suspension period is less than nine weeks, input the name of the disaster as the activity code in the history section of IDRS.

25.16.1.8.13  (05-28-2009)
Installment Agreements

  1. Taxpayers with installment agreements may be affected by a disaster that impedes their ability to comply with the terms of their agreement. The following procedures also apply to electronic transfer payments such as Manual Monitoring Installment Agreements (MMIA) and/or Direct Debit Installment Agreements (DDIA).

  2. If the taxpayer initiates contact indicating inability to make installment payment because of a disaster, reassess ability to pay and consider the following actions to avoid default of installment agreement:

    1. Skip payment(s) but resume established agreement by a specified date as agreed with taxpayer

    2. Skip payment(s) but modify payment amount beginning by a specified date as agreed with taxpayer

    3. Skip payment(s) and establish follow-up date to reassess financial condition; or

    4. Consider placing account in Currently Not Collectible (CNC) status.

  3. If the taxpayer does not initiate contact and the installment agreement defaults, review default list to determine if taxpayer is located in a covered disaster area. If taxpayer is located in a disaster designated area, reinstate agreement with payments to begin the month following the end of the disaster relief period.

  4. User fees are not charged to reinstate defaulted agreements when a taxpayer is located in a covered disaster area.

  5. The FTP penalty and interest continue to accrue on the outstanding liability because IRM relief generally does not apply to the prior year's liability.


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