- 3.0.273.1 Purpose and Scope
- 3.0.273.2 IRS Mission Statement
- 3.0.273.3 Resolving Procedural/Computer Systems Problems
- 3.0.273.4 Ethics Awareness
- 3.0.273.5 Internal Controls
- 3.0.273.6 Audit of TIGTA
- 3.0.273.7 Taxpayer Rights
- 3.0.273.8 Offer In Compromise
- 3.0.273.9 Penalty Policy Statement
- 3.0.273.10 Disclosure and Security Awareness
-
The purpose of this IRM is to ensure consistency and accuracy of basic administrative information
-
This IRM supplements Part 3 IRMs for initial processing and processing of account request. This IRM is a reference guide that outlines criteria for items such as:
-
Not specific to one form (general in nature),
-
Used by all employees without regard to functional differences; and,
-
Seldom requires updating.
-
-
"Provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all."
-
When discrepancies, problems, recommendations, etc. are identified, submit the information to Headquarters Office (HQ). Changes can be submitted through:
-
Hot Topics
-
Information Technology Assets Management System (ITAMS)
-
SERP Feedback
-
Form 5391
-
Form 5715
-
-
Hot Topics ( http://hottopics.web.irs.gov/Default.asp ) is a Web application tool used to communicate Internal Revenue Manual (IRM) and processing changes to the field. It is also used to communicate program issues, respond to questions from the campuses and resolve work stoppage issues.
-
Information Technology Assets Management System (ITAMS) maintains the complete inventory of Information Technology (IT) and non-IT assets, computer hardware and software. It is also the reporting tool for problem management with all IRS developed applications. This system can be found at http://itams.enterprise.irs.gov:11188/oaa/login.jsp . More information can be found in IRM 2.14.1, Asset Management, Information Technology (IT) Asset Management.
-
Use Form 5391 to report a non-emergency problem, request a change to IRM or Master File procedures or report discrepancies between IRMs or systems. See IRM 3.31.125, ADP Evaluation-Procedures/Systems Change Request, for complete information on the preparation and routing of this form.
-
Use Form 5715 to report computer programming or operational problems which result in work stoppage. If a problem on a particular account is being reported, include samples of the problem, Integrated Data Retrieval System (IDRS) print, and any other back-up data which supports the problem reported.
-
When a significant or a potential problem is identified, managers (or designees) should immediately telephone the campus User Support Staff to report the problem.
-
Follow-up the telephone call by sending Form 5715 with samples that support the problem to the User Support Staff (i.e. IDRS/ Corporate Files On Line (CFOL) prints or other back-up data) which confirms the problem.
-
When Forms 5391 or 5715 are submitted to HQ to report problems or lack of instructions, include the specific recommended solution. Do not merely state that clarification or instructions are needed. Submit the proper research, the recommended detailed solution, and volume and cost/savings information, when applicable (such as computer programming changes).
Note:
Inappropriate forms, e.g. Form 5715 used to report IRM inconsistencies, will be returned without consideration.
-
Use Treasury Form 64–51.1 to submit ideas to improve processing, eliminate waste/duplicate effort or to improve customer service. Consult IRM 6.451.1, Employee Performance and Utilization/Awards & Recognition-Policies, Authorities, Categories, and Approvals, for complete information.
-
Use Form 9345 when a change to the manner in which a procedure is presented (without a change to the procedure being described and without a problem being identified) is necessary. This includes, but is not limited to, typographical and printing errors. Since operational problems or defects are not being reported on the form, the requests will not be controlled upon receipt nor will they receive a written response.
-
In order for IRM changes to be incorporated into the January 1 revision, recommendations must be received by HQ no later than the preceding August 31. This will ensure changes are included in the revision, since the IRMs are required to be submitted to Media and Publications on or before October 1.
Note:
For IRMs with a July 1 revision date, recommendations should be received no later than the preceding February 28. July 1 IRMs are required to be submitted to Media & Publication on or before April 23.
-
The integrity and dependability of the Service is crucial to accomplish the Service's mission. All contacts made with the public shall reflect the Service's high ethical standards and quality performance.
-
Employees having access to, and working with, return information, and/or data concerning taxpayers or statistics that are gathered for the Service's use in connection with this IRM, or otherwise, must not:
-
Alter data;
-
Disclose information to persons without a need-to-know;
-
Use data for unauthorized purposes;
-
Gain unauthorized access to the data browsing; or,
-
Engage in financial misconduct.
-
-
The willful unauthorized access and inspection of taxpayer information—which is referred to as UNAX - is prohibited by IRS and employees are subject to disciplinary actions up to dismissal from the Service. See IRM 3.0.273.10.1, Penalties and Disciplinary Action.
-
For any UNAX questions or concerns contact Office of Privacy at 202–283–0013 or http://irweb.irs.gov/AboutIRS/bu/pipds/pip/privacy/unax/default.aspx; .
-
The Budget and Accounting Act of 1950, Government Performance & Results Act P.L. 103–62 and Chief Financial Officers Act P.L. 101–576 require that the Heads of each Department and Agency establish and maintain adequate systems of internal controls. The objective is to maintain a reasonable balance in the Service's systems of internal control. Properly applied, internal controls improve effectiveness and make work easier.
-
FMFIA, Public Law 97–255 requires ongoing evaluations and reports of the adequacy of the systems of internal accounting and administrative control of each executive agency.
-
The Comptroller General to prescribe the internal accounting and administrative control standards;
-
Each executive agency to conduct annual evaluations of its systems of control, using guidelines set by the Office of Management & Budget (OMB) Director; and,
-
Each executive agency to submit an annual statement to the President and Congress on the status of the agency's system of internal controls.
-
-
OMB Circular A-123, Management's Responsibility for Internal Control defines management's responsibility for internal control in Federal agencies. Agencies and individual Federal managers must take systematic and proactive measures to:
-
Develop and implement appropriate cost-effective internal control for results-oriented management;
-
Assess the adequacy of internal control in Federal programs and operations
-
Separately assess and document internal control over financial reporting
-
Identify needed improvements;
-
Take corresponding corrective action; and
-
Report annually on internal control through management assurance statements. (See Part VI, Reporting on Internal Control).
-
-
Management has primary responsibility for providing a system of internal controls. All personnel have a responsibility for understanding and ensuring internal controls are functioning as intended.
-
Contained here is a condensed version of the key standards of internal control developed by the General Account Office, to assist you in carrying out your internal control responsibilities.
-
The operating of the function, system or project is clearly described in writing. Documentation describes what goes in the system, how it is processed, and what is to come out.
-
Important events or transactions are promptly recorded and classified in accordance with documented procedures.
-
Events or transactions are authorized and executed only by persons with the authority to do so. For delegations of authority see IRM 1.2.2, Servicewide Policies and Authorities, Delegations of Authority. Delegation orders are published in individual sections by the business process to which they relate.
-
Key duties and responsibilities in authorizing, processing, recording and reviewing transactions are separated among individuals.
-
Managers and employees are knowledgeable, have professional integrity and receive adequate training to do the work assigned to them.
-
Records are kept to show custody and use of resources. The records are reviewed periodically to determine reliability.
-
Review the above standards and think about how they apply in your area of responsibility.
-
If you see weaknesses, make changes. If you cannot make the change, recommend it to your manager.
-
Look for indicators of control weaknesses during Quality Improvement Projects in which you participate.
-
Consider the results of reviews that are performed in your area.
-
Consider reviews or reports done by you, your manager, a review team, TIGTA, or the General Accounting Office.
-
Look at the conclusions and consider how application of the internal control standards might correct a problem.
-
-
The Audit program (formerly called Internal Audit program) provides for an independent review and appraisal of all IRS activities and operations. Audit provides management with a protective and constructive service by identifying and reporting areas where operations may be improved.
-
The basic objectives of Audit are to determine that:
-
programs and operations are being conducted efficiently and effectively in accordance with public policy, law and IRS policy;
-
programs and operations serve their intended purpose;
-
expenditures are made only for authorized activities and comply with applicable laws and regulations;
-
all revenue and receipts from Service activities are collected and accounted for properly;
-
all assets of IRS or in its custody are adequately safeguarded, controlled and used in an efficient manner; and,
-
internal and external reports are accurate, meaningful and useful.
-
-
As directed by the Taxpayer Bill of Rights 1 & 2, managers must be sure employees know and observe the rights of taxpayers. Taxpayers have the right to prompt, courteous and impartial treatment. In dealing with taxpayers:
-
Assume each taxpayer wants to comply;
-
Put yourself in the taxpayer's position;
-
Identify the taxpayer's problem;
-
Resolve the immediate problem and at the same time prevent future problems;
-
Resolve the taxpayer's problem without referring him or her elsewhere;
-
Allow the taxpayer to speak to your supervisor if he or she feels your decision is unfair; and,
-
Approach each taxpayer in a business like and professional manner.
-
-
The Privacy Act gives individuals,
Note:
Unincorporated sole proprietorships & disregarded limited liability companys (LLCs) are individuals within the meaning of the Privacy Act
, certain rights with respect to their records which are maintained by a federal agency. Except as otherwise provided by law, the Privacy Act of 1974 permits an individual to:
-
Determine what records pertaining to him or her are collected, maintained, used, or disseminated by Federal agencies.
-
Determine how the agency uses the records and under what circumstances the agency might disclose the records.
-
Gain access to information pertaining to him or her, have copies made, and amend or correct such information.
Note:
IRC § 7852(e) generally exempts tax records from amendment pursuant to the Privacy Act.
-
-
Individuals seeking information about such records must make a written request in accordance with the regulations at 31 CFR, Part I, subpart C. The requests should be marked "Privacy Act Request" and must be forwarded to the disclosure office. Only disclosure offices are authorized to respond to Privacy Act requests.
-
The Internal Revenue Service is fully committed to protecting the privacy rights of taxpayers and employees. Many of these privacy rights are rooted in law. The IRS recognizes, however, that merely complying with the law is not enough. The IRS also accepts the social responsibility of protecting personal information, which is implicit in maintaining the ethical relationship between the Service and our customers. The components of this ethical relationship are honesty, integrity, fairness, and respect.
-
Among the most basic of privacy rights is the Service's obligation to keep personal and financial information confidential. Our customers, taxpayers and employees alike, have the right to expect that the Service will collect, maintain, use, and disseminate personally identifiable information only as authorized by law, and as necessary to carry out our responsibilities.
-
IRS will safeguard the integrity and quality of personal and financial data. IRS employees will perform their duties in a manner that recognizes and enhances individuals' rights of privacy and will ensure that their activities are consistent with law, regulations, and good administrative practices.
-
The Service takes very seriously its social and legal responsibility to taxpayers, employees, and citizens. To promote and maintain the privacy and confidentiality protections provided by the IRS, it will be guided by the following Privacy Principles:
-
Protecting taxpayer privacy is a public trust.
-
Personal information will only be collected if it is necessary for tax administration or other legally authorized purposes.
-
Information will be used only for the purpose for which it was collected, or as specifically authorized by law.
-
Information will be collected, to the greatest extent practicable, directly from the individual to whom it relates. Information that is collected from third parties will be verified for accuracy with the subject, whenever possible, before final action is taken.
-
All IRS employees share in the responsibility for protecting the privacy of individuals whose information they have access to: taxpayers, employees, and visitors to IRS web sites.
-
-
In addition, as part of the Internal Revenue Service's commitment to privacy protection:
-
A Privacy Impact Assessment shall be developed and reviewed for each new, substantially modified, or recertified information system or application;
-
Procedures addressing the storage, retrievability, accessibility, retention, and disposal of personal information shall be established, maintained, and enforced; and
-
Safeguards shall be provided to protect against the unauthorized collection, use and dissemination of taxpayer and employee data.
-
-
Freedom of Information Act (FOIA) requests must be made in writing in accordance with the regulations at 26 CFR § 601.702. These procedures are also available to the public in the FOIA section of the IRS Internet Website - www.irs.gov. Requests should be marked "FOIA Request " and must be sent to the Disclosure Office having jurisdiction over the desired records. If you or the taxpayer are unsure of the office, please direct the FOIA request to your local servicing Disclosure Office for review and forwarding to the correct office.
-
Taxpayers have the right to be represented in their tax matters by:
-
An attorney;
-
Certified public accountant;
-
Enrolled agent;
-
Unenrolled return preparers; and,
-
Other unenrolled individuals with a special relationship to the taxpayer.
-
-
An unenrolled return preparer is any individual who prepares and signs a tax return or who prepares a tax return but is not required (by the instructions to the tax return or regulations) to sign it.
-
An unenrolled return preparer may represent the taxpayer concerning only the tax liability for the year or period covered by the return that he or she prepared. Also, an unrolled return preparer is permitted to represent taxpayers only during an examination and is not permitted to represent taxpayers before appeals officers, revenue officers, Counsel or similar officers or employees of the IRS or the Department of Treasury.
-
Other unenrolled individuals with a special relationship to the taxpayer. The following may represent the specified taxpayers before the IRS, provided they present satisfactory identification and proof of authority to represent the taxpayer.
-
A family member may represent members of his or her immediate family. Family members include a spouse, child/stepchild, parent/stepparent, brother, or sister of the individual.
-
An officer of a corporation, association, or organized group may represent the entity.
-
A general partner may represent the partnership.
-
A regular full-time employee may represent his or her employer.
-
A trustee, receiver, guardian, personal representative, administrator or executor may represent the trust, receivership, guardianship, or estate.
-
-
Taxpayers have the right to designate the application of voluntary payments to their accounts. See Rev. Proc. 2002-26, 2002-15 I.R.B. 746, regarding designations of voluntary payments. The procedure also addresses the Service's position on the application of the undesignated voluntary partial payments.
-
Taxpayers have the right to have their tax matters kept confidential. All IRS employees are required by law to protect the confidentiality of a taxpayer's tax matters.
Note:
Ensure you are dealing with the taxpayer or someone properly authorized to receive this information before giving out any tax information.
-
Employees who intentionally fail to maintain the confidentiality of return information may be subject to disciplinary action and/or dismissal from the Service. See IRM 3.0.273.10.1, Penalties and Disciplinary Action.
-
Occasionally, taxpayers request their tax case be transferred to another region or to a different area office within a region. Generally, such requests will be honored when the taxpayer has a valid reason, such as a change of address.
-
Taxpayers have the right to request and receive receipts for any payment made on their accounts, whether in current or delinquent status. Otherwise, a taxpayer's cancelled check is his or her receipt.
-
Many delinquency and return-based penalty provisions provide a taxpayer's failure to comply is excused for reasonable cause. Reasonable cause relief is generally granted when the taxpayer exercises ordinary business care and prudence in determining his or her tax obligations but is unable to comply with those obligations. See IRM 20.1.1.3.1, Reasonable Cause for additional information.
-
Taxpayers may submit an offer in compromise pertaining to a tax liability at anytime, and, if the offer is determined to be processible, it must be considered on its merits. All offers in compromise should be forwarded to the Compliance function for consideration.
-
Formal appeals are usually made in writing. The Service has a single level of appeal. The office of the Area Director of Appeals considers the following types of cases:
-
Proposed deficiencies (pre-assessments);
-
Claims for refund (after payment);
-
Rejected installment agreement requests;
-
Rejected offers in compromise;
-
Requests for interest abatement;
-
Requests for spousal relief;
-
Penalty appeals;
-
Collection Due Process Cases; and
-
Collection Appeals Program Cases.
Note:
See IRM 21.5.1, General Adjustments, for information on Appeals and responses to Letters 105C/106C.
-
-
If agreement is not reached in Appeals, the taxpayer in some cases, may take the case to the United States Tax Court, the United States Court of Claims, or the United States District Court.
-
The Service will design, administer, and evaluate penalty programs solely on the basis of whether they do the best possible job of encouraging voluntary compliance. P-20-1, effective 06-29-2004 (formerly P-1-18). See IRM 20.1, Exhibit 20.1.1-1.
-
In accordance with this Policy Statement, the IRS administers a penalty system that is designed to:
-
ensure consistency;
-
ensure accuracy of results in light of the facts and the law;
-
provide methods for the taxpayer to have his or her interests heard and considered;
-
require impartiality and a commitment to achieving the correct decision;
-
allow for prompt reversal of initial determinations when sufficient information has been presented to indicate that the penalty is not appropriate; and
-
ensure penalties are used for their proper purpose and not as bargaining points in the development or processing of cases.
-
-
Penalties support the Service's mission only if they enhance voluntary compliance. This is accomplished by:
-
helping taxpayers understand that compliant conduct is appropriate and noncompliant conduct is not;
-
deterring noncompliance by imposing costs on it; and,
-
establishing the fairness of the tax system by justly penalizing the noncompliant taxpayer.
-
-
The Service maintains an ongoing effort to develop, monitor, and revise programs designed to assist taxpayers in complying with legal requirements and in avoiding penalties.
-
The Service prescribes and uses a single set of guidelines set out within the Penalty Handbook, IRM 20.1, Penalty Handbook, which will be followed by all operational and processing functions.
-
Prior to a policy implementation, changes to the Penalty Handbook must be reviewed for consistency with Service policy and approved by the Office of Penalty Administration.
-
The Service collects statistical and demographic information to evaluate penalties and penalty administration and how they relate to the goal of voluntary compliance.
-
The IRCSection 6103, establishes the confidential relationship between the taxpayer and the Internal Revenue Service and outlines the responsibilities of Treasury personnel in regard to disclosure of official tax information. Treasury employees must treat all tax returns and return information as confidential.
Caution:
Disclosure is defined as making known to any person in any manner, the existence or contents of a return or return information. Disclosure to a taxpayer of the taxpayer's own return or return information is generally authorized if doing so would not impair Federal tax administration. See IRM 11.3, Disclosure of Official Information, for additional information. If you ever have any questions about release of information, contact the Disclosure Help Desk at 1–866–591–0860 or by E-mail at *SBSEOfficeofDisclosure@irs.gov.
-
Unauthorized disclosure of a return or return information is a felony punishable by a fine or imprisonment or both, plus the costs of prosecution. The fine cannot exceed $5,000 and imprisonment cannot be for more than 5 years.
-
Unauthorized access by an employee to a return or return information is a misdemeanor punishable by a fine or imprisonment or both, plus the costs of prosecution. The fine cannot exceed $1,000. and imprisonment cannot be for more than 1 year.
-
Disciplinary action includes removal from the Service upon conviction. To ensure compliance, these severe criminal and disciplinary penalties are authorized for employees or former employees making a willful or negligent unauthorized access and/or disclosure of returns and/or return information.







