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3.11.249  Processing Form 8752

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3.11.249.1  (01-01-2010)
General Instructions

  1. This section provides general background information about the scope, the forms processed, and the nature of the work which Document Perfection personnel are expected to perform on those returns and documents.

3.11.249.1.1  (01-01-2010)
Purpose of Code and Edit

  1. The purpose of Code and Edit is to perfect returns and other documents to ready them for transcription into the Automatic Data Processing (ADP) system.

  2. Another purpose for coding and editing is to ensure that necessary action is taken on all attachments to the return, including preparation of other documents and initiating taxpayer correspondence when necessary.

3.11.249.1.2  (01-01-2010)
Purpose of this Section

  1. The instructions in this section pertain to the coding and editing of Form 8752, Required Payment or Refund under Section 7519, that will be input to the Business Master File (BMF).

  2. General instructions are provided to eliminate the repetition of the same instructions for the specific return. If there is a conflict between the general instructions and the specific instructions, the specific instructions will prevail.

  3. This manual is your main source of information. You can also find procedures in the following IRMs:

    • IRM 3.0.273, Administrative Reference Guide, which contains general and basic administrative information.

    • IRM 1.15.29, Records Control Schedule for Submissions Processing Campus Records

    • IRM 3.30.123, Processing Timeliness: Cycles, Criteria, and Critical Dates.

    • IRM 3.10.72, Extracting, Sorting, and Numbering.

  4. IRM 3.11.249 is exempt from the BMF Consistency Guidelines (e.g., indicating diamonds) as shown in other 3.11 Series IRMs and 3.12 Series IRMs.

3.11.249.1.3  (01-01-2010)
Scope

  1. The instructions in this section pertain to the coding and editing of Form 8752, Required Payment or Refund under Section 7519. The form will be filed by partnerships and S Corporations who have elected to file their income tax returns on a fiscal year basis instead of the required calendar year basis. It will be posted to the Business Master File (BMF) as Master File Tax Code (MFT) 15, Document Code 23 and Tax Class 2. Time will be charged to Program 19000 (Other BMF Returns).

  2. Form 1065, U.S. Return of Partnership Income, and Form 1120S, U.S. Income Tax Return for an S Corporation , use Form 8752 to figure and report the payment required under Section 7519 or to obtain a refund of net prior year payment(s). A partnership (Form 1065) or S Corporation (Form 1120S) must file Form 8752 if it made a Internal Revenue Code (IRC) Section 444 election by filing Form 8716, Election To Have A Tax Year Other Than a Required Tax Year, and its election is still in effect for the tax year. Any tax year that IRC Section 444 election is in effect, including the first tax year the IRC Section 444 election/payment is made, is an "applicable election year." Prior to 1991, the IRC Section 444 payment made by these taxpayers was reported on Form 720, Quarterly Federal Excise Tax Return, under IRS Number 11.

  3. For applicable election years beginning in 1990, Form 8752 must be filed and the required payment made on or before May 15 of the current year.

3.11.249.1.4  (01-01-2010)
IRS Employee Contacts - Section 3705(a)

  1. The Restructuring and Reform Act of 1998 (RRA 98), Section 3705 provides identification requirements for all IRS employees working tax-related matters. IRS employees are required to give their name and unique identification number during taxpayer telephone, face to face and written contact. In addition, a telephone number is required on all taxpayer correspondence. This will provide taxpayers with enough information to identify an IRS employee who has previously assisted with tax-related matters.

  2. All IRS employees, in the field, Headquarters and area offices, who communicate, by telephone, face to face, or correspondence with taxpayers or their personal authorized representatives, on tax-related matters, are required to provide (at a minimum) the following information:

    • Their title (e.g., Mr., Mrs., Ms., Miss),

    • Their last name, and

    • Their Identification (ID) card (badge) number.

  3. Correspondence - All correspondence must include a telephone number where the taxpayer's question can be answered. In addition, manually-generated and handwritten correspondence must include the following information:

    • Their title (e.g., Mr., Mrs., Ms., Miss),

    • Their last name, and

    • Their Integrated Data Retrieval System (IDRS) number or ID card (badge) number.

  4. The IDRS number is automatically generated. If it is not generated, or a handwritten note is prepared, the ID card (badge) number must be used. Toll-free employees may also provide their location for identification purposes. Facsimiles (faxes) to taxpayers on tax-related matters, are considered manually-generated correspondence and must include the required information.

    Caution:

    E-mail cannot be used to transmit taxpayer account information.

  5. Correspondence, whether sent directly to the taxpayer or to the taxpayer's personal authorized representative, must contain the required information.

  6. When a taxpayer requests to speak with a specific employee who previously handled his or her inquiry or request, or complains about the level of service previously provided, every attempt should be made to resolve the taxpayer's inquiry. If the issue cannot be resolved, the employee should refer the inquiry using established procedures to his or her manager.

  7. Correspondex letters will require a specific employee name and telephone number only if the employee initiating the correspondence is in the best position to respond to any questions that the taxpayer may have about the correspondence, or the employee is asking the taxpayer to provide additional case-related information.

  8. Otherwise, if the taxpayer does not need to contact a specific employee, the correspondence needs only an IRS telephone number and standard signature.

  9. Secretaries, receptionists or other people who answer the telephone in functional offices need to identify themselves. They should provide their ID card (badge) number only if they are answering telephones which are routinely used to provide tax account information.

  10. It is not necessary to repeat the ID card (badge) number on a subsequent contact, when the nature of an employee's work involves multiple contacts with the same taxpayer, and the employee has given the taxpayer (either by telephone or in-person) his or her ID card (badge) number on the first contact.

  11. Prior to faxing confidential information to the taxpayer, review fax procedures contained in IRM 11.3.1.10, Facsimile Transmission of Tax Information.

  12. During taxpayer contact, if taxpayer mentions hardship or asks to be referred to Taxpayer Advocate Service (TAS), see IRM 3.11.249.1.5.

3.11.249.1.5  (01-01-2010)
Taxpayer Advocate Service (TAS)

  1. The Taxpayer Advocate Service (TAS) is an independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should.

  2. Refer taxpayers to the Taxpayer Advocate Service (TAS) (see IRM Part 13, Taxpayer Advocate Service) when the contact meets TAS criteria (see IRM 13.1.7, TAS Case Criteria) and you can’t resolve the taxpayer’s issue the same day. The definition of "same day" is within 24 hours. "Same day" cases include cases you can completely resolve in 24 hours, as well as cases in which you have taken steps within 24 hours to begin resolving the taxpayer's issue. Do not refer these cases to TAS unless they meet TAS criteria and the taxpayer asks to be transferred to TAS. Refer to IRM 13.1.7.4, Same-Day Resolution by Operations. When referring cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Assistance Order), and forward it to TAS in accordance with your local procedures.

  3. The following subsection provides information for Taxpayer Advocate Service (TAS) - Service Level Agreement (SLA).

3.11.249.1.5.1  (01-01-2010)
Taxpayer Advocate Service (TAS) - Service Level Agreement (SLA)

  1. The National Taxpayer Advocate has reached agreements with the Commissioners of the Wage & Investment (W&I) Division, Small Business & Self-Employed (SB/SE) Division, Tax Exempt & Government Entities (TE/GE) Division, Criminal Investigation (CI), Appeals and Large & Mid-Size Business (LMSB) Division, that outline the procedures and responsibilities for the processing of Taxpayer Advocate Service (TAS) casework when either the statutory or delegated authority to complete case transactions rests outside of TAS. These agreements are known as Service Level Agreements (SLAs).

  2. The SLAs are located at http://tas.web.irs.gov under the heading "Policy/Procedures/Guidance" .

3.11.249.2  (01-01-2010)
Controls

  1. This section contains information regarding the descriptions and functions of the forms and documents used to establish and maintain controls in campus pipeline operations.

3.11.249.2.1  (01-01-2010)
Block Control Documents

  1. Each block of documents processed under the Automatic Data Processing (ADP) system is required to have a Block Control Document attached for control and identification purposes. If blocks, or unblocked documents which should have been blocked, are received without a Block Control Document, return the block to the originating area for correction. The Block Control Documents are listed as follows:

  2. Form 813, Document Register, is used with remittance documents (W/R).

  3. Form 1332, Block and Selection Record, is used for non-remittance documents (N/R). The Form 1332, Block and Selection Record, is also used for returns processed through the Residual Remittance Processing System (RRPS). These returns are considered non-remittance returns since the payments have been posted to the Business Master File (BMF) to provide a fact of filing.

    1. If a numbered remittance document is in a numbered non-remittance block controlled by Form 1332, the document must be "U" coded. It will have to be re-blocked for account maintenance.

    2. If every document in a non-remittance block has a remittance attached, return the block for re-blocking.

  4. Form 3893, Re-Entry Document Control, is used to reinput a return that has not posted to an account or module.

    1. If a single return is being reinput, the Form 3893 will be attached to the face of the document.

    2. If more than one return from the same original block is being reinput, the Form 3893 will be attached to the first return in the reinput block.

    3. If more than one return is in the batch and only the top Form 3893 has an entry in Box 1 (Alpha/Numeric block control no.), edit all returns using current processing instructions and keep all returns clipped together.

    4. Circle the Computer Condition Code (CCC) "G" if present.

    5. Do not edit CCC "G" on amended returns.

    6. Do not send Letter 1382C if a request for reasonable cause is attached.

    7. If the return was not edited according to current processing instructions, circle out any Computer Condition Codes (CCCs) and any other edit marks that are no longer applicable. Re-edit according to current processing instructions.

    8. If the return was edited according to current processing instructions, ensure that the information from Form 3893 is edited on the return.

      Form 3893 Action Taken
      Box 14 (Remarks) Ensure that the information is edited to the return.
      Box 15 (Process as) 1. Circle any green rocker and edit marks that may indicate a receipt of remittance.
      2. Do not change any tax due amounts.

    9. Examine returns that have any color other than red editing in the tax data section to determine if the corrections are the result of improper perfection or taxpayer error.

      If Then
      Improper perfection, Edit the same correction in red/green (per local procedure) to the appropriate area.
      Taxpayer error, Leave the entries as shown on the document.

    10. A Received Date must be present on all reinput returns.

      If Then
      Received date is not present, Edit a Received Date to the middle of the return.
      Multiple Received Dates are present, Circle all but the earliest date.

    11. When additional information is still needed to make the return processable, prepare approved Correspondence Action Sheet or Form 4227 for the appropriate action (e.g., correspondence, research, etc.).

    12. When perfection is not possible, edit Computer Condition Code "U" on the return and attach Form 4227, Intra-SC Reject or Routing Slip, noting, "PERFECTION NOT POSSIBLE" and leave in batch.

  5. Form 13596, Reprocessing Returns, is used to reprocess a return to the correct account or module that had previously posted to the wrong account or module.

    1. Circle CCC "G" if present.

    2. Do not edit CCC "G" on amended returns.

    3. Do not send Letter 1382C if a request for reasonable cause is attached.

    4. If the return was not edited according to current processing instructions, circle out Computer Condition Codes and any other edit marks that are no longer applicable. Re-edit according to current processing instructions.

    5. If the return was edited according to current processing instructions, ensure that the information from Form 13596 is edited on the return.

      Form 13596 Action Taken
      TIN correction Edit correct TIN on return.
      Tax Period correction Edit correct Tax Period ending on return
      Reasonable cause Edit appropriate computer condition code:
      a. Edit CCC "R" if the "FTF" box is checked.
      b. Edit CCC "D" if the "FTP" box is checked.

    6. Examine returns that have any color other than red editing in the tax data section to determine if the corrections are the result of improper perfection or taxpayer error.

      If Then
      Improper perfection, Edit the same correction in red/green (per local procedure) to the appropriate area.
      Taxpayer error, Leave the entries as shown on the document.

    7. A Received Date must be present on all reprocessed returns.

      If Then
      Received date is not present, Edit a Received Date to the middle of the return.
      Multiple Received Dates are present, Circle all but the earliest date.

    8. Circle the green rocker and edit marks that may indicate a receipt of remittance.

    9. When additional information is still needed to make the return processable, prepare approved Correspondence Action Sheet or Form 4227 for the appropriate action (e.g., correspondence, research, etc.).

3.11.249.2.2  (01-01-2010)
Document Control

  1. This section provides descriptions and functions of the Document Locator Number, blocking returns and documents, and document count.

3.11.249.2.2.1  (01-01-2010)
Document Locator Number (DLN)

  1. The Document Locator Number (DLN) is a controlled number assigned to every return or document input through the Automatic Data Processing (ADP) system. This number is assigned when the document is blocked and brought under Accounting Control.

  2. The DLN is used to control, identify, and locate documents processed in the ADP system. It will be used to locate the document as long as it (or a substitute document) remains in the files, unless it becomes the subject of subsequent action. See Figure 3.11.249-1.

    Figure 3.11.249-1

    This image is too large to be displayed in the current screen. Please click the link to view the image.

    Document Locator Number Illustration

  3. The parts of the Document Locator Number (DLN) are explained in the following table. Refer to Figure 3.11.249-1.

    Note:

    For additional information, see Document 6209, IRS Processing Codes and Information.

    Seven Parts of the (DLN)
    Part 1 File Location Code (FLC) - Identifies the service center or district office processing the document.
    Example: File Location Code is "00 " .

    Note:

    Cincinnati Campus FLC: (17) and Ogden Campus FLC: (29). For additional Filing Location Codes, see Document 6209, IRS Processing Codes and Information.

    Part 2 Tax Class - Identifies the type of return or document that was filed.
    Example: Business Master File (BMF) Tax Class "2" represents Form 8752.
    Part 3 Document (Doc) Code - Identifies the type of document within a tax class.
    Example: Doc Code 23 is for Form 8752.
    Part 4 Julian Date - Identifies the day of the year the tax return or document is numbered (001 through 365).
    Example: Julian Date 053 represents Calendar Date 02-22-2009. 
    Part 5 Block Number - Identifies the different categories of document control for input to the Master File.
    Example: Block Number "012" .
    Part 6 Sequence Number - Identifies the sequence of a document within a block. The maximum number will be 100 and the documents are numbered 00 to 99.
    Example: "03" indicates it is the fourth document.
    Part 7 Year - The year the document is being processed. This digit is assigned later on in the processing cycle.
    Example: A return filed in 2009 will have processing year digit "9" .

  4. On numbered blocks, compare the first return in the block to the Form 813, Document Register, or Form 1332, Block and Selection Record. If the documents have not been blocked, all documents in a block or a batch should be of the same type. The type of document is determined by a specific Tax Class and Document Code.

  5. The first eleven digits of the DLN of each document in a block should be the same as the corresponding digits stamped on the face of the Form 813 or Form 1332. If there is a difference, give the block to the supervisor for re-association of the documents with the correct block control document. It is necessary to check only the DLN of the first document in a block to make the above comparisons of DLNs.

  6. A document may have two different DLNs stamped on it because of re-blocking. If this happens, circle the incorrect DLN. The correct DLN can be determined from the Form 813, Document Register , or Form 1332, Block and Selection Record.

3.11.249.2.2.2  (01-01-2010)
Blocking Returns and Documents

  1. All returns and documents to be input to the Automatic Data Processing (ADP) system are assembled into blocks of 100 documents or less before being numbered. A separate control is put on each block. A document must not be taken out of a numbered block during the code and edit process. However, a document can be withdrawn from a block before it is numbered. Two reasons a document may be taken out of a block are:

    1. The return is for a period prior to December 31, 1990.

    2. The return is unprocessable. See IRM 3.11.249.8 for additional information.

3.11.249.2.2.3  (01-01-2010)
Document Count

  1. The total number of returns in a numbered block is usually shown on the Form 813, Document Register, or Form 1332, Block and Selection Record, by a circled number for a partial block or blank for a full block of 100. If the block is a partial and the number is not shown.

    1. Form 813 - Circle one number higher than the last sequence number on the form.

    2. Form 1332 - Circle one number higher than the last DLN in the block.

    Note:

    Do not circle the total number of documents for an unnumbered block.

3.11.249.3  (01-01-2010)
General Editing Guidelines

  1. This section provides general editing information, descriptions and various editing marks used by Document Perfection.

3.11.249.3.1  (01-01-2010)
General Editing Information

  1. Enter all edit marks on a document being input to the Automatic Data Processing (ADP) system with brown, red, orange, or green pencil or pen unless a specified instruction requires another type of marking. Never obliterate the original entry on a document when deleting or correcting an entry. Care should be exercised to ensure that the original entry remains legible.

    Note:

    Each center can decide the color to be used. Any reference to the color "red" means the color used by your campus.

    1. Code and Edit will correct Residual Remittance Processing System (RRPS) editing errors regarding the name control, Employer Identification Number (EIN), and the Tax Period. The edit corrections will take precedence over the RRPS editing.

      Note:

      Corrections on RRPS documents made in "red" should not be changed.

    2. Code and Edit will reject any documents that reflect an incorrect RRPS money amount, MFT, or tax class if incorrectly entered by RRPS. An incorrect RRPS money amount will usually be the result of "mixed data" for two or more returns.

  2. The only items to be edited on the return are those to be transcribed, except where the instructions require editing of a non-transcribed item.

  3. Edit any misplaced or illegible transcription entry to the proper transcription line. An arrow may be used if it will leave no room for doubt as to where the entry belongs.

  4. Form 8752 is required to be edited for dollars and cents.

3.11.249.3.2  (01-01-2010)
Edit Marks

  1. Edit marks are edited on the return for transcription to the Automatic Data Processing (ADP) system through Integrated Submission and Remittance Processing (ISRP). The editing can be entered in brown, red, orange, purple or green pencil/pen.

  2. The only items edited on a return are those to be transcribed except where specific instructions require editing of a non-transcribed item. Lines are left blank if the entry would be a zero amount unless otherwise instructed.

  3. The original entry on a return is never obliterated, altered or erased when deleting or correcting an entry. Always exercise care to ensure that the original entry remains legible. Perfected entries provide a legible "edit trail" for anyone who may work with the return later.

  4. For a description of specific edit marks, see the table below:

    Edit Mark Description
    "X" The "X" is used to delete tax data or to indicate that an item is not to be transcribed.
    "/" The "/" can be used when deleting a form or schedule that is not being transcribed.
    Circle Indicates that an entry is not to be transcribed. Also used to delete entity data or a received date.
    Note: If the taxpayer circles an entry, edit the entry.
    Underline Indicates that an entry is to be transcribed. (e.g., Name Control, Tax Period, etc.).
    Arrow Indicates the correct placement of a misplaced entry. An arrow may be used if the misplaced item is close to the correct line and there is no question where the entry belongs.
    Note: A double arrow may be used if the same figure is to be transcribed in two different places (along with any required transcription data between the two arrows).
    Check Mark Indicates that an entry has been manually math verified and is correct.
    Bracket/Parenthesis Indicates a negative numerical amount.
    Vertical Line or Decimal Point Indicates the separation of dollars and cents if no distinction was made by the taxpayer.
    Zero, Dash or None "Zero" , "Dash" or "None" are considered valid entries except when specific instructions require editing of an entry.
    Edit Marks Made by Other IRS Functions Edit marks entered by other areas, such as Collections or Accounts Management, are not to be re-edited except to place the marks in the correct area.
    Rocker Indicates the amount paid when drawn under a remittance amount.

3.11.249.4  (01-01-2010)
Attachments to Documents

  1. This section describes the forms and documents filed with Form 8752 and provides information regarding what to do with each.

3.11.249.4.1  (01-01-2010)
Examination of Attachments

  1. All attachments to the return must be reviewed before the return can be considered processable. Take action as required by the attachment.

    1. When an attachment has an affect on the document being processed, leave it attached, unless a specific instruction requires that it be detached.

    2. If detached, annotate the return (edit an audit trail in the lower left corner going vertically up the side of the return) with the type of detachment, where it was sent and the action date.

3.11.249.4.2  (01-01-2010)
Unrelated Attachments

  1. Request for adjustment of another document - Remove an attachment requesting an adjustment (ADP or Non-ADP) and route to Accounts Management using a Form 4227, Intra-SC Reject or Routing Slip, for subsequent action. If the attachment does not have the taxpayer’s name, address, EIN and received date, edit this information on the attachment.

  2. Other Unrelated Attachments - Remove other unrelated attachments (such as other returns, taxpayer acknowledgements, notices, request for tax forms, etc.) from the document being processed and route using a Form 4227 to the proper function for the necessary action. Include on the Form 4227 the following identifying information:

    1. Name and address of the taxpayer

    2. Employer Identification Number

    3. Received Date

    4. Tax Period and type of document from which attached

    5. Action required to be taken

  3. If the taxpayer writes the information on the return, photocopy the data and route to the appropriate function using a Form 4227.

  4. If an attachment should be removed because the majority of the information is unrelated to the document being processed, photocopy the applicable data needed to process the document under examination and attach to the document being processed.

3.11.249.4.3  (01-01-2010)
Related Attachments and Required Action

  1. Form 8716, Election to Have a Tax Year Other Than a Required Tax Year - This form is an election form used by partnerships (Form 1065) and S Corporations (Form 1120S) to request fiscal year filing. If Form 8752 is received with an original Form 8716 attached, follow instructions below:

    1. Numbered Return - Edit Computer Condition Code (CCC) "U" on the return and attach Form 4227, noting that the Form 8716 has been sent to Entity Control. Also, notate that the return is to be held for 2 cycles so the Form 8716 can be input.

    2. Unnumbered Return - Route the attached Form 8716 to Entity Control using Form 4227. Notate on Form 4227, "8716 attached" . Suspend the Form 8752 processing for 2 cycles.

  2. Form 8302, Electronic Deposit of Tax Refund of $1 Million or More - Do not detach. See IRM 3.11.249.14.13.

3.11.249.4.4  (01-01-2010)
Other Related Attachments and Required Action

  1. Remittance Attached - Immediately give to your supervisor. The supervisor should follow the instructions in IRM 3.8.46, Discovered Remittance.

  2. If an attachment indicates that the taxpayer has included a tax payment for more than one tax period, take the following action:

    1. Numbered Return - Prepare a dummy return(s) if possible; otherwise, initiate correspondence using Form 3696, Correspondence Action Sheet, or other approved Correspondence Action Sheet to secure the needed data. Edit CCC "U" on the return.

    2. Unnumbered Return - Prepare a dummy return(s) if possible; otherwise, pull the return and prepare Form 3696, Correspondence Action Sheet, or other approved Correspondence Action Sheet to initiate correspondence to the taxpayer to secure the additional return(s) and information. If the taxpayer does not reply, enter CCC "X" .

  3. If the taxpayer files a return for the purpose of submitting a subsequent payment, or did not include the payment with the original return, enter CCC "U" . Prepare and notate on Form 4227, "Research - Missed or Subsequent Payment" . Rejects will research to determine if the original return posted and if the payment was subsequent or missed.

  4. Ensure that any document that must remain with the return is securely stapled to prevent its loss.

  5. Detach any pre-assessed installment agreement and/or Form 9465, Installment Agreement Request, and route as follows:

    If Then
    Form 8752 is processed at the Cincinnati Submission Processing Campus, Route Form 9465 and Installment Agreement Request to the Memphis Campus Collection Department.
    Form 8752 is processed at the Ogden Submission Processing Campus, Route Form 9465 and Installment Agreement Request to the Ogden Campus Collection Department.

  6. When forwarding the installment agreement information, make sure the following is included as a working audit trail: EIN, name, type of return, tax period, amount due, amount paid.

3.11.249.4.5  (01-01-2010)
Form 720, Quarterly Federal Excise Tax Return

  1. If the taxpayer has attached a blank Form 720, Quarterly Federal Excise Tax Return, with the Form 8752, "X" Form 720 and leave attached.

  2. If the taxpayer has a completed Form 720 attached with the Form 8752:

    1. Detach and route the Form 720 to Receipt and Control at the Cincinnati Submission Processing Campus (CSPC) only if the data (entity, tax period, etc.) is NOT the same as on Form 8752. Form 720 is processed exclusively at CSPC.

    2. Do not detach if the data (entity, tax period, etc.) is the same. "X" the Form 720 and leave attached behind Form 8752.

3.11.249.5  (01-01-2010)
Correspondence

  1. This section describes correspondence and the criteria required and options available for making the Form 8752 processible for pipeline processing.

  2. In compliance with a Chief Counsel opinion issued September 2, 2008, tax examiners will no longer send returns back to the taxpayer when corresponding for missing signature, missing information and supporting schedules and documentation on refund or zero balance returns. These changes are effective October 5, 2009.

    Exception:

    A Non-taxable return with no line entries with an indication of previously filing a final return may be sent back to the taxpayer.

3.11.249.5.1  (01-01-2010)
Taxpayer Correspondence

  1. All taxpayer correspondence is defined in IRM 1.15.29, Records Control Schedule for Submissions Processing Campus Records.

  2. Timeliness guidelines for acknowledging and working taxpayer correspondence and applicable suspense periods, as outlined in IRM 3.30.123, Processing Timeliness: Cycles, Criteria and Critical Dates, must be followed.

  3. All correspondence received from taxpayers must be answered and the answer should indicate: "This is in reply to your correspondence of such and such a date" , and explain the action taken, even if the action taken was exactly what the taxpayer requested.

  4. Acknowledgement letters will no longer be sent. If the call for action has not been completed within 30 days of the IRS received date, an interim reply will be made. It should tell the taxpayer when we expect to complete the required action and provide a contact point (name and phone number) to the taxpayer. If you cannot provide a final answer to a taxpayer by the estimated deadline contained in your interim response, contact the taxpayer to provide a reason and new estimated closure date.

  5. All correspondence to taxpayers requesting information should indicate that a response is needed within 30 days. Taxpayers should be advised of the action the IRS will take, including no action, if appropriate, if a timely response is not received. It should include this statement: "When you reply, please send us your telephone number and the most convenient time for us to call so we may contact you if we need more information" .

  6. Whenever possible, pattern letters should be used to correspond with taxpayers. If a CNOTE or quicknote is used, be sure that it clearly communicates the message in simple language.

  7. When taxpayer errors are discovered in processing which have caused or will cause processing delays and no other notification is sent to the taxpayer, advise the taxpayer of the reasons for the delay.

  8. Before initiating any manual correspondence, check the Centralized Authorization File (CAF) and Reporting Agents File (RAF) to ensure the information will be mailed to the taxpayer’s representative if there is one on record.

  9. Managers must utilize computerized reports, or if unavailable manual reports, to monitor compliance with taxpayer generated correspondence instructions in IRM 3.30.123, Processing Timeliness: Cycles, Criteria, and Critical Dates.

3.11.249.5.2  (01-01-2010)
Correspondence Action

  1. Examine the return so that all of the conditions can be included in the same correspondence. If additional information is needed, the second correspondence must include a paragraph of apology for any inconvenience.

  2. Prepare correspondence using one of the following.

    • Approved Correspondence Action Sheet (e.g., Form 3696, Form 3696-A, etc.), is used to correspond on all returns.

    • Other approved appropriate letter (e.g., 3463C, etc.).

    Note:

    Use Form 6800, Request for Missing Information or Papers To Complete Your Tax Return or Form 8038-CP, when the return is a non-taxable return with no line entries with an indication of previously filing a final return.

3.11.249.5.3  (01-01-2010)
Correspondence Imaging System (CIS) Returns

  1. Correspondence Imaging System (CIS) is an inventory system for scanning all Accounts Management (AM) receipts into digital images and working the cases from those images.

  2. "CIS" returns are identified with "CIS Image - Do not correspond for Signature" stamped below the signature line or "CIS" annotated on the front of the return.

  3. Verify all edit marks and ensure placement is correct on a "CIS" return.

    If Then
    The edit marks are black, Underline the edit mark if correct or circle if incorrect.
    The edit marks are red or green, Circle if incorrect.
    The edit marks are missing or incorrect, Perfect as necessary.

  4. Follow the correspondence instructions below for processing "CIS" returns.

    If And Then
    The "CIS" return has a Form 13596, Reprocessing Returns, attached,

    Note:

    If there is an indication on the return that correspondence has been sent (e.g., Computer Condition Code (CCC) "3" is edited on the return), do not route return to Accounts Management (AM). Continue processing the return.

    The return is not complete (e.g., missing signature, schedules or forms), 1. Remove the return from the batch and route to Accounts Management (AM).

    Note:

    Do not correspond for missing information on "CIS" reprocessable/reinput return.

    The "CIS" return does not have a Form 13596 or attached The return is not complete (e.g., missing signature, schedules or forms), Follow normal correspondence procedures.

3.11.249.6  (01-01-2010)
Signature

  1. A signature and jurat is required on every Form 8752 except on the following and/or unless the specific instructions direct otherwise.

    • Dummy returns prepared by IRS.

    • Returns filed under IRC Section 501(d) (Religious or Apostolic Organization).

    • Correspondence is attached showing that the taxpayer is responding to an IRS letter or notice.

    • Correspondence Imaging System (CIS) returns that have Form 13596 attached.

      Note:

      Do not correspond on Correspondence Imaging System (CIS) returns that have Form 13596 attached. See IRM 3.11.249.5.3, Correspondence Imaging System (CIS) Returns, for processing instructions.

  2. A "constructive signature" , that is, a signature on an accompanying letter or other attachment, is not acceptable unless a perjury statement is given. In the absence of a perjury statement, the signature must be on the return.

    Note:

    Do not Question Any Signature On The Return.

    1. Internal Revenue Code (IRC) Section 6061 provides that any return, statement, or other document required to be made under any provision of the internal revenue laws or regulations shall be signed in accordance with the forms or regulations prescribed by the Secretary .

    2. IRC Section 6064 and Treasury Regulation 301.6064-1 provides that the signature on the return, statement or other document is evidence for all purposes that the individual actually signed the document.

  3. Process an unsigned Form 8752, see IRM 3.11.249.6.1.

    Note:

    If the taxpayer wrote on the returned document and it appears that he/she is unhappy at receiving another blank form, then perform additional research to determine if a "final" return was already received. If a final return was already received, then this form is not needed. If a final return was not received, forward the current document to the manager. The manager will make a determination whether or not to pursue securing a signature from the taxpayer.

3.11.249.6.1  (01-01-2010)
Unsigned - Unnumbered Returns

  1. Correspond using Form 3696, Form 3696-A, or other approved Correspondence Action Sheet and forward it to the Correspondence Unit.

    Exception:

    Form 6800 (or other approved letter) may be used to send a non-taxable return with no line entries with an indication of previously filing a final return.

3.11.249.6.2  (01-01-2010)
Facsimile (FAX) Signatures

  1. The Customer Account Services (CAS) must request approval to accept faxed signatures of taxpayers, executors, agents, donors, employers, fiduciaries, and corporate officials on various Business Master File (BMF) returns.

  2. One or more signatures are required on all the BMF forms before the Service can process the return. In an attempt to resolve missing signatures from returns, the Service contacts the taxpayer via a letter advising that the signature is missing. Suspend processing of the return while awaiting the response from the taxpayer. The taxpayer responds to the IRS correspondence by submitting (via mail) a signed duplicate of the previously filed return.

  3. A "Jurat Notice" similar to that on Form 8752 will be developed.

3.11.249.7  (01-01-2010)
Paid Preparer Section

  1. The Paid Preparer section is located below the Signature area at the bottom of Form 8752.

3.11.249.7.1  (01-01-2010)
Paid Preparer SSN or PTIN

  1. The Preparer's Social Security Number (SSN) or Preparer Tax Identification Number (PTIN) is located to the right of the Preparer's Signature at the bottom right corner of Form 8752.

  2. No action is required on amended returns.

  3. The Preparer's SSN must be a nine digit number. The SSN cannot be all zeros or nines.

  4. A PTIN is a valid entry in the Preparer’s SSN area at the bottom of Form 8752. The PTIN begins with the alpha "P" followed by an eight-digit number (e.g., PXXXXXXXX).

  5. Circle out the Preparer's SSN or PTIN if it is invalid.

3.11.249.7.2  (01-01-2010)
Paid Preparer EIN

  1. The Preparer’s Employer Identification Number (EIN) is located below the Preparer’s SSN or PTIN at the bottom right corner of Form 8752.

  2. No action is required on amended returns.

  3. The Preparer’s EIN must be a nine-digit number. The EIN cannot be all zeroes or all nines.

  4. Circle the Preparer’s EIN if it is invalid.

3.11.249.7.3  (01-01-2010)
Paid Preparer Phone Number

  1. The Paid Preparer’s Phone Number is located below the Paid Preparer’s EIN at the bottom right corner of Form 8752.

  2. No action is required on amended returns.

  3. If a complete Paid Preparer Phone Number is located on the Paid Preparer’s Phone Number line, no editing of this line is necessary.

  4. If the return is for a tax period prior to 2001, circle out the phone number.

  5. If the Paid Preparer’s Phone Number is incomplete, illegible or less than 10 digits, quickly review the return and all attachments.

    Note:

    If more than 10 digits are present, continue processing the return. ISRP (Integrated Submission and Remittance Processing) will input the first 10 digits only.

    If Then
    A complete Paid Preparer's Phone Number is located elsewhere on the return or attachments, Edit to the "Phone no." line.
    A complete Paid Preparer's Phone Number is not located or the number is illegible, Circle the incomplete or illegible phone number.

3.11.249.8  (01-01-2010)
Unprocessable Procedures

  1. This section describes what constitutes unprocessable conditions, as well as the criteria required and variety of options available for making Form 8752 processible.

3.11.249.8.1  (01-01-2010)
Unprocessable Conditions

  1. Even though a return may be considered valid for filing and timeliness purposes, it may not be processible. It is unprocessable if:

    1. The name is so illegible or incomplete the name control cannot be determined.

    2. The Employer Identification Number (EIN) is other than 9 numeric digits (XX-XXXXXXX), and cannot be perfected from information on the return or attachment.

    3. The address is illegible.

    4. The taxpayer has combined liability for more than one type of tax.

    5. The tax data entries on the document are so incomplete, illegible or contradictory that the tax liability cannot be determined.

    6. The document has been misblocked. (e.g., Form 720 in a Form 8752 block).

    7. Form 8752 has a tax period prior to December 31, 1990 (9012).

    8. The return is unsigned.

    9. The return has only entity data and no other statements, attachments or signature by the taxpayer.

    10. Any condition set forth as unprocessable in the specific instructions.

3.11.249.8.2  (01-01-2010)
Processing of Unprocessable Documents

  1. A return must contain specific items before it is considered processible. Examine schedules and other attachments for the information necessary to make the document processible and enter on the applicable return. The specific items needed are:

    1. A Taxpayer Identification Number (TIN);

    2. A legible name (for name control);

    3. A legible address;

    4. A valid tax period;

    5. Legible tax data, if tax liability is indicated; and,

    6. Signature.

  2. Returns with unresolved entity problems should be routed to Entity Control for research.

  3. If the return has multiple EIN’s, an EIN that is missing, "applied for" , pending, etc. or the Name is illegible, take the following action:

    1. Numbered return - Edit CCC "U" and prepare a Form 4227, Intra-SC Reject or Routing Slip, for research action.

    2. Unnumbered return - Pull the return from the block and prepare Form 4227 for research action.

  4. For other unprocessable conditions, initiate correspondence if you have a name and address and research cannot resolve the issue.

    1. Attach Form 3696, Form 3696-A, or other approved Correspondence Action Sheet to the front of the return.

    2. Edit CCC "U" on the return and leave it in the block.

  5. Route unprocessable returns to the Correspondence Unit using a Form 4227 for the HOLD FILE for the following reasons:

    1. The return is being reinput after correspondence and/or research, but the document is still unprocessable.

    2. The return contains a signature (regardless of whose signature it is), but no entity data. In this instance, research may not produce the entity name because the signature is of a bookkeeper, secretary, etc.

    3. The return contains an illegible signature; however, the first alpha letter of the last name can be determined, but there is no entity data. Research, in this instance, is not necessary and it should be forwarded to the HOLD FILE for filing under the alpha letter of the last name.

      Note:

      For your information, the HOLD FILE will be searched when there is a taxpayer inquiry and it is possible the return may be in this file. The returns held in this file are retired to the Federal Records Center in accordance with IRM 1.15.29, Records Control Schedule for Submissions Processing Campus Records.

  6. Do not send the following unprocessable returns to the HOLD FILE:

    1. Overpaid returns on which the taxpayer replied but it is still unprocessable or on which no reply has been received. Edit Computer Condition Code "X" .

    2. Returns which contain no entity data or signature. If the only entries on the return are figures, give the return to your supervisor for administrative determination. Likewise, give your supervisor returns with illegible signatures where the alpha letter of the last name cannot be determined.

    3. Returns falling into the category of undeliverable. This includes returns with incomplete entity that cannot be identified by a signature. These returns should be held for one year and disposed of in accordance with IRM Section 1.10.1, The IRS Correspondence Manual . Do not send to the Federal Records Center (FRC).

3.11.249.8.3  (01-01-2010)
Processing Unprocessable Returns with Replies

  1. When a signed perjury (declaration) is received, attach it to the return.

  2. Complete the return based on the information submitted by the taxpayer.

  3. If a Form 6800, Request for Missing Information or Papers To Complete Your Tax Return or Form 8038-CP, or a letter is attached which bears the received date stamp, but there is no date stamp on the return, edit the date (as stamped on the attachment) on the return.

    1. If two received dates are on the return, circle the original (earliest) received date if it was not previously circled.

3.11.249.8.4  (01-01-2010)
Processing No Reply Cases

  1. Only one correspondence attempt is required. If a reply is not received after the prescribed suspense period, input the return.

  2. Edit Computer Condition Code "X" on an overpaid return. Do not change the received date.

3.11.249.8.5  (01-01-2010)
Rejection of Documents

  1. Reject a document for the following reasons:

    1. The document is for a tax period prior to December 31, 1990.

    2. The document is a type that has not been included in the Automated Data Processing (ADP) system.

    3. The filer sends a blank return and states that he/she is not required to file or does not understand why he/she received the Form 8752.

  2. Prepare Form 4227, Intra-SC Reject or Routing Slip. Indicate the reason for rejection, and attach the form to the face of the document immediately under the entity data for the following:

    1. Unnumbered document - Remove the document from the batch and forward it to Receipt and Control.

    2. Numbered document - Edit CCC "U" on the document and leave it in the block.

    Note:

    In addition, if either a blank return as described in (1)c, above, or a letter or statement is received from the taxpayer, containing any statements for NOT filing Form 8752, make a photocopy of the return (and the letter) and route to Entity Control, using a Form 4227, Intra-SC Reject or Routing Slip.

3.11.249.8.6  (01-01-2010)
Disposition of Documents

  1. Blocked and numbered documents that have been coded and edited will be sent to Data Conversion for transcribing.

  2. Unnumbered documents that have been coded and edited will be sent to Receipt and Control for blocking and numbering.

  3. Documents leaving the campus will be sent to Receipt and Control for shipment. Prepare Form 4227 with applicable routing instructions.

  4. Documents not leaving the campus will be sent to the appropriate function in the campus for the required action. This includes items detached from documents to be processed that require correspondence, accounting, or other action. See IRM 3.11.249.4.2(2)for preparation of Form 4227, Intra-SC Reject or Routing Slip.

3.11.249.8.7  (01-01-2010)
Frivolous Returns and Claims

  1. A frivolous argument is used for the purpose of expressing dissatisfaction with the substance, form, or administration of the tax laws by attempting to illegally avoid or reduce tax liabilities. Recognized frivolous arguments made by business include, but are not limited to, the examples in IRM 4.10.12, Examination of Returns - Frivolous Return Program (FRP). Also, see Exhibit 3.11.249-2, Potential Frivolous Arguments for Examination Review .

  2. Review the return to determine whether it appears to be a frivolous return.

    If Then
    The return meets any of the conditions identified as a frivolous return.

    Caution:

    If the return shows Action Code "440" Ogden Submission Processing Campus (OSPC) or "331" Cincinnati Submission Processing Campus (CSPC), and has a Form 4227 attached with the remarks, "Refer to Exam FRP for audit after processing," continue to next procedure.

    Remove return from the batch and place the return in the locally designated basket for Examination, Frivolous Return Processing (FRP) for review.

    Note:

    IRM 4.10.12.1.3.3, Campus FRP Coordinators, requires Examination to expedite the return and make a determination whether it qualifies as a frivolous return within two (2) business days. If a determination is not made within the allowed time frame, the Examination examiner will edit Action Code "440" (OSPC) or "331" (CSPC) in the lower left margin of the return preceded with the letters "AC" .

    Examination has selected the return as frivolous, e.g. indicated by an Action Code "440" (OSPC) or "331" (CSPC), and a Form 4227 with the remarks, "Refer to Exam FRP for audit after processing" , but sends the return for processing, Continue processing the return using procedures in IRM 3.11.249. However, do not circle or void the Action Code indicating a frivolous return.

    Note:

    Returns having only zeros, no entries, are blank or indicate "None," "Not Liable" , etc. with no evidence of a frivolous argument are not to be considered as frivolous returns.

3.11.249.8.8  (01-01-2010)
Foreign Currency

  1. For returns completed in other than U.S. currency, process as filed. However, if corresponding for missing/incomplete item(s), include in the letter (e.g., 3463C) to resubmit return in U.S. currency.


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