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3.13.2  BMF Account Numbers (Cont. 2)

3.13.2.8  (01-01-2012)
International Returns and Documents

  1. This section provides instructions for working unprocessable foreign returns. The Estate and Gift program (Forms 706 and 709 series) and Excise (Forms 2290, CT-1, 11–C, 720, and 730) are centralized at the Cincinnati Submission Processing Center. All other foreign returns are processed at Ogden Submission Processing Center.

  2. If it is necessary to assign an EIN to an international taxpayer, the prefix 98 will be used. The prefix 66 will be used for taxpayers residing in Puerto Rico, Guam, Virgin Islands, American Samoa, Northern Mariana Islands and Palau.

3.13.2.8.1  (01-01-2012)
Form 1120-F, U.S. Income Tax Return of a Foreign Corporation

  1. Return is filed to report a foreign corporation's income, deductions, credits and tax to the United States.

  2. This return must be filed by any foreign corporation that

    1. Has income from any US source subject to U.S. withholding tax that was not paid to the U.S. government and reported on a U.S. withholding tax return by a U.S. withholding agent;

    2. Is engaged in a trade or business in the U.S.;

    3. Has tax preference items that affect the corporation's computation of its unrelated business income;

    4. Has overpaid income tax that it wants refunded;

    5. Is no longer engaged in a U.S. trade or business, but has deferred income from that US trade or business, or has gain from the disposition of property that ceased to be used in a U. S. trade or business within the last 10 years;

    6. Or concludes that its U.S. activities do not give rise to gross income which is effectively connected with the conduct of a trade of business within the U.S., but wishes to preserve its right to claim deductions and credits attributable to such gross income by filing a protective return. See IRC Treasury Regulation 1.882–4(a)(3)(iv).

    7. Claims the benefits of an income tax treaty with the U.S.

  3. An agent in the U.S. must file the return if the foreign corporation has no office or place of business in the U.S.

  4. For foreign corporations with no office or place of business in the U.S., this return is due no later than the 15th day of the 6th month after the end of the tax year.

  5. For foreign corporations with an office or place of business in the U.S., this return is due no later than the 15th day of the 3rd month after the end of the tax year.

3.13.2.8.2  (01-01-2012)
Form 1120-FSC, U.S. Income Tax Return of a Foreign Sales Corporation

  1. This return is filed to report the income, deductions, credits, and tax of a foreign sales corporation (FSC).

  2. This return is filed by corporations that have elected (by filing Form 8279) to be taxed as a FSC or small FSC. Form 8279 is no longer valid. If Form 8279 is filed, stamp on the Form 8279 "DENIED" and return to taxpayer and explain to the taxpayer that this form is no longer a valid form.

  3. Form 1120-FSC, U.S. Income Tax Return of a Foreign Sales Corporation, for which no EIN is located will be researched and processed as follows:

    1. If... And... Then...
      a. The EIN is not on the BMF,   Research to ensure the EIN is for that taxpayer, and establish on the BMF via CC BNCHG with a TC 060.
      b. The EIN is on the BMF, IDRS does not have a TC 060 posted, 1. Input a TC 060.
      2. Transcribe the EIN from the letter to the Form 1120-FSC and route the Form 1120-FSC for processing.
      3. If applicable, annotate the Form 1120-FSC "Form 8279 received, approved and input"

  4. If a taxpayer terminate their existing FSC election, input TC 065 - Notification of Revocation received.

  5. If an existing FSC is terminated, input TC 061 - Revocation of a FSC or Small FSC election.

3.13.2.8.3  (01-01-2012)
Passive Foreign Investment Company (PFIC)

  1. A PFIC can elect to defer their tax on undistributed earnings and capital gains.

  2. Assign an EIN to a PFIC that has made an election to be a Electing Fund (QEF). This will be stated in the taxpayer's letter.

  3. Establish the account with MFI "O" as no return will be filed.

  4. Use NIC "A" with RI 00 when establishing this type of account.

3.13.2.8.4  (01-01-2012)
U.S. Real Property Holding Corporation under Foreign Investment Real Property Tax Act (FIRPTA) for Corporation Filing Election Under IRC Section 897(i)

  1. Remittances may be received when an electing foreign corporation requests to be treated as a domestic corporation for the purpose of FIRPTA as prescribed by IRC § 1.897–3(c) of the regs.

  2. These remittances may be routed to Entity for the assignment of an EIN.

  3. EINs will be assigned to these entities on the BMF, MFI "O" .

  4. Use NID when assigning the EIN to this type of entity.

3.13.2.8.5  (01-01-2012)
Captive Insurance Elections

  1. Section 953(c)(3)(C) elections by foreign corporations may be routed to entity for assignment of an EIN.

  2. All information needed to establish the entity will be on the first page of the election.

  3. Establish the account with either a Form 1120–PC or 1120-L filing requirement. This will be indicated on the election.

  4. Use NIA when assigning the EIN to this type of entity.

3.13.2.8.6  (01-01-2012)
Form 8804 - Annual Return for Partnership Withholding Tax (Section 1446)

  1. This return is filed to report the total liability under Section 1446 for the partnership tax year.

  2. This return is also a transmittal form for Form 8805.

  3. Refer to Form 8805 for processing procedures.

3.13.2.8.7  (01-01-2012)
Form 8805, Foreign Partner's Information Statement of Section 1446 Withholding Tax

  1. This form is filed to show the amount of effectively connected taxable income and tax payments allocated to the foreign partner for the partnership's tax year.

  2. A separate Form 8805 must be filed for each foreign partner. Process as follows:

    If... Then...
    a. The partner is a foreign corporation, Establish on the BMF with a Form 1120–FRC of 06.
    b. The partner is a foreign partnership, Establish on the BMF with a Form 1065 FRC of 1.
    c. The partner is a foreign trust or estate, Establish on the BMF with a Form 1041 FRC of 1.

3.13.2.8.8  (01-01-2012)
Form 8813, Partnership Withholding Tax Payment (IRC Section 1446)

  1. This form is filed to make payment to the Internal Revenue Service of withholding tax under IRC § 1446.

  2. Establish on the BMF with MFI "O" .

3.13.2.8.9  (01-01-2012)
Form 8288, U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests

  1. Form 8288 will be forwarded to Entity to establish the account on the BMF.

  2. When the Form 8288 is received take the following actions:

    1. Verify the SSN entered is correct. If not correct, verify it does not belong to another taxpayer.

    2. Establish the account using CC BNCHG (TC 000) under MFT 17.

    3. Establish the SSN account using one of the following File Source Codes:
      V - valid SSN on BMF
      W - invalid SSN on BMF

    Note:

    There are no Mail Filing Requirements for Form 8288.

  3. If the SSN is missing, research the account using the name of the buyer/transferee. If found, establish the account on BMF.

  4. If you cannot locate the missing SSN by research, assign an IRSN (9NN-29-NNNN or 9NN-04-NNNN) with CC TMSSN. The IRSN is an invalid number and will be established on the BMF (MFT 17) with a Definer "W" at the end of the IRSN.

  5. After the account has been established, send the Form 8288 back to one of two places:

    • Deposit - only if remittance is attached, or

    • Code and Edit - if no remittance is attached.

  6. The words Kabushiki Kaisha or Geisha are the Japanese translation of the words "stock company" or "corporation" Therefore, if these words appear in a name line, they will be moved to the end of the name where the word "corporation" would normally appear.
    For example,
    Form 8288 shows the name as "Kabushiki Kaisha Green Door" When name controlling and/or assigning an EIN, the name will be formatted "Green Door Kabushiki Kaisha"

3.13.2.9  (01-01-2012)
Correspondence Received

  1. Timeliness guidelines for acknowledging and processing taxpayer correspondence are outlined in IRM 3.30.123, Processing Timeliness Cycles, Criteria and Critical Dates. Correspondence can be defined as follows:

    1. All written communications from a taxpayer whether solicited or unsolicited.

    2. Written communication in response to IRS requests for information or data.

    3. Written communication which requests information, including that which may accompany tax returns.

    4. Written communication, including annotated notice responses, that provide additional information or dispute a notice.

    5. A statement that explains if the taxpayer needs to contact the Service, they should return a copy of the letter with their telephone number and the best time to call.

    6. Correspondence pertaining to assignments of EINs, name changes, address changes (that involve other entity changes), differences in filing requirements, terminations, mergers and supplemental listings under a group ruling will be forwarded to Entity Control Team for necessary action.

    7. Correspondence received from the taxpayer or other area of the campus where the action requested has already been taken will be processed as follows:

  2. When a taxpayer replies to an IRS notice or letter and requests an Entity change, it is not necessary that the taxpayer sign the request.

  3. If a mis-routed taxpayer reply to IRS correspondence is discovered in a batch of documents, and/or contains a non-Entity issue, do not process the reply. Route the reply or issue to the appropriate functional area. If correspondence, route based on the IDRS number located in the "In reply refer to:" area of the IRS generated letter. However, if there is an Entity issue, it will be addressed and an interim letter sent.

  4. Correspondence received from taxpayers requesting an action must be answered and the following statement or similar reference must also be included in the reply: "This is in reply to your correspondence of (date)" and explain the action taken, even if the action was exactly what the taxpayer requested.

    Note:

    If the taxpayer's correspondence is not dated, use the postmark date. If that date is unknown, use the date three days prior to the earliest IRS received date.

  5. Correspondence, whether sent directly to the taxpayer or to the taxpayer's personal representative, must contain the required information: the nature of the taxpayer's inquiry and our actions taken.

  6. When corresponding with the taxpayer, use the appropriate letter that accurately addresses the taxpayer's situation and always use the selective paragraphs that are available in the correspondex letters before using open paragraphs. For example, do not use a 385C to inform the taxpayer of their valid EIN or denied/rejected election. Do not use a 147C on any election issues.

  7. When using CC LETER, you must determine the Taxpayer's correct address. If the address on the return/document matches Master File (mailing or location), use that address. If the address on the return/document does not match Master File and the address change box is marked, update Master File and send all letters to this address. If the address on the return/document does not match Master File and the address change box is not marked, use the address on Master File. When processing Form 7004, all letters will be sent to the mailing address on Master File.

  8. If correspondence is received from an unauthorized representative (no POA attached or on CC CFINK), a letter must be sent to the taxpayer explaining the action we can or cannot take. The letter must begin with: "This is in response to the inquiry of (date), from (representative). We have no record that you authorized (representative) to act for you in this matter. Please notify (representative) that we have replied directly to you."

    Note:

    If third party's address is the taxpayer's mailing address, do not send the above paragraph to taxpayer. By having the third party's address on Master File, the taxpayer has authorized the third party to receive information.

  9. Correspondence indicating name and address changes to entities will only be acknowledged if there is a direct demand from the taxpayer for confirmation. This direction applies to Internet EINs also.

    Note:

    If the words Federal Deposit Insurance Corporation (FDIC) is on any of the name lines, do not change the name or address on Master File. Truly, you should never receive this type of correspondence.

  10. If the correspondence cannot be resolved within thirty days, an interim letter (2645C) will be sent explaining the reason and when final action can be expected. The interim reply will include the appropriate toll free number.

  11. Correspondence will be received requesting name changes to EINs. If the request is from a third party that is not on CC CFINK and the taxpayer has been CCd or has signed the letter, make the name change. If the name change request is from a third party that is not on CC CFINK and the taxpayer is not included in the correspondence, research the Secretary of State's office on the internet for name change verification. If unable to verify, contact the taxpayer. CAUTION: Some name changes are truly entity changes. Perform all necessary research and respond to the letter author accordingly.

  12. Signatures will be accepted according to the terms of prima facie Evidence which means if the signature is below a perjury statement, the validity of the signature will not be questioned.

  13. A CP 576 is issued when an EIN is assigned from a return. CP 576 requests a Form SS-4 from the taxpayer. When the SS-4 is received, input additional data from the SS-4 to IDRS, use CC ESIGN modifier " U" to update the NIC. Dispose of the Form SS-4 per IRM 21.7.13, Assigning Employer Identification Numbers-Disposition of Form SS-4 and Supporting Documentation.

  14. If correspondence is received concerning a trust filing under Section 645, refer to IRM 3.13.2.29.

  15. When you correspond, examine the case completely 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.

  16. If the taxpayer's inquiry is able to be resolved over the phone and the taxpayer does not want a written response, annotate the facts of the phone conversation on the taxpayer's correspondence.
    Add the following history item to IDRS with CC ACTON:
    CALL2TP
    RE: ENTITY

3.13.2.9.1  (01-01-2012)
Request for EINs

  1. Follow the procedures below, when the correspondence reveals that the taxpayer should file a return and the correspondence is received 30 days or more prior to the due date of that return:

    If... And... Then...
    a. The correspondence reveals that the taxpayer should file a return, The correspondence is received within 30 days of the due date of the return. Perform all necessary research to determine if an EIN was previously assigned.
    b. No EIN is located,   Assign an EIN. Use the CC ESIGN procedures located in IRM 21.7.13, Assigning Employer Identification Numbers.
    c. The EIN is changed from the one the taxpayer entered,   Issue Letter 147C as a non suspense letter to the address on the return.
    d. Sufficient information is not available to assign an EIN with the proper filing requirements, fiscal year month, etc.,   Acknowledge the taxpayer's correspondence with Letter 45C and forward a Form SS–4 for completion.

  2. If the taxpayer states "CCR PLEASE EXPEDITE" or "GOVERNMENT CONTRACTOR" on their correspondence or envelope, this case must be given expeditious treatment

  3. An EIN is only assigned from correspondence when the required return due date is within 30 days or the correspondence accompanies a payment.

  4. Follow the procedures below if correspondence is received from a representative of a pension trust (or multiple pension trusts) requesting assignment of an EIN in order to comply with the withholding requirement of the Tax Equity and Fiscal Responsibility Act (TEFRA):

    If... And... Then...
    a. The correspondence is not clear as to the taxpayer's intent, The representative is acting as payer for multiple plans, Correspond to inform the representative that the withholding may be reported on their Form 945 filed under their previously assigned EIN unless they want an individual EIN assigned specifically for use in reporting withholding for multiple pension trusts under their control.
    b. Individual EINs are requested,   Inform taxpayer that individual Forms SS–4 must be submitted for each pension trust. Refer taxpayer to Modernized Internet EIN application at www.irs.gov.
    c. An EIN is requested solely for use in reporting for TEFRA, An EIN is not located with all available research, Refer the taxpayer to the AM/EIN function (1-800-829-4933) or Mod IEIN (internet EIN application).
    e. The taxpayer has changed their EIN, The EIN is on the BMF, 1. Issue Letter 147C as a non suspense letter to the address on the return.
    2. Do not issue Letter 147C if the taxpayer transposes 3 or less characters of the EIN or the taxpayer fails to include the EIN.
    f. Employees are indicated,   1. Update the account to reflect a Form 945 FRC of 01.
    2. Forward to the taxpayer those tax forms required for current filing, when necessary.
    g. An EIN is located on another MF,   1. Notify the taxpayer of the previously assigned (Letter 147C).
    2. Establish the account on the BMF with a Form 945 FRC of 01.

3.13.2.9.2  (01-01-2012)
Form SS-4 Issues

  1. If correspondence is received stating Form SS-4 has not been processed, process as follows.

    If... And... Then...
    a. Previously assigned EIN is located on IDRS, Your research does not match the address on the correspondence. Update IDRS.
    b. The EIN is changed from the one the taxpayer entered,   1. Issue 147C as a non suspense letter to the address on the return.
    2. Do not send 147C if the taxpayer transposes 3 or less characters of the EIN or the taxpayer fails to include the EIN.
    c. No previously assigned EIN was located,   Send Letter 45C to the taxpayer.

  2. If a CP 575/576 or 147C letter was sent within the last 30 days, do not send another 147C letter.

  3. Instructions for processing requests for copies of Forms SS-4 by Taxpayers can be found in IRM 21.7.13.3.2.12, Assigning Employer Identification Numbers (EINs) - Form SS-4 Retention (Past and Present) and Requests for Copies of Form SS-4.

3.13.2.9.3  (01-01-2012)
Retaining Old EIN

  1. If a taxpayer indicates they had a previous EIN and are requesting retention of the number, research NAMEE/NAMEB/INOLE/FINDE'D' to determine if the taxpayer can retain the old EIN.

    If... And... Then...
    a. Research indicates the EIN is Valid, The EIN is not on the BMF. Input a TC 000 with the taxpayer's current information.
    The EIN is on the BMF. Update the account with the current information and notify the taxpayer appropriately.
    b. Research cannot verify the EIN is valid, It can be determined the EIN is a 6, 7, 8 million number assigned from a group/block of EINs. Input a TC 000 and notify the taxpayer appropriately.
    The EIN is within a valid range and the taxpayer has proof of applying through a state program. Input a TC 000 and notify the taxpayer appropriately.
    The taxpayer provides a copy of a CP notice. Input a TC 000 with the current information and notify the taxpayer appropriately.
    The taxpayer does not have verification of the EIN. Correspond requesting verification or a completed Form SS-4.

  2. If the taxpayer is notified of the assignment of a new EIN, but insists on retaining the "old" EIN,

    1. Research other EINs thoroughly. Research all information utilizing IDRS.

    2. Determine from the information if the taxpayer can retain the "old" EIN.

    3. Update the account if needed.

    4. Consolidate the accounts (TC 011) if necessary.

    5. A CP 209 is generated notifying the taxpayer of the actions taken. CP 209 can be suppressed on the TC 011 input with Paragraph Select Code "Z."

    6. If the taxpayer cannot retain the EIN requested, correspond informing the taxpayer the reasons the new EIN must be used.

3.13.2.9.4  (01-01-2012)
Modernized Internet EIN (Mod IEIN)

  1. EINs assigned over the Internet begin with prefixes 20, 26, 27, 45, 46 or 47. Prefixes 45, 46, and 47 were determined to be the least used of all established prefixes. Therefore, Master File currently contains EINs with these prefixes. Pay close attention to the TC 000 date to determine correct origin of EINs beginning with 45, 46, or 47.

  2. Always research CCs NAMEE, NAMEB, ENMOD, FINDE and INOLE to verify the EIN.

  3. Taxpayer's correspondence or Form SS-4 indicates the EIN was assigned over the Internet, process as follows:

    If... And... Then...
    EIN is not on Master File and within valid range, SS-4 is received Fax SS-4 to Cincinnati AM EIN department at 859–669–5289. Hold documents for one week monitoring IDRS for EIN assignment. If not assigned after seven workings days, ESIGN EIN with appropriate Notice Information Code.
    BMF return or form is received. ESIGN the EIN on the BMF with NIC "D."
    Correspondence and/or calls are received. Refer taxpayer to the Accounts Management EIN function at 1-800-829-4933.
    EIN is on Master File and belongs to a different taxpayer, SS-4 is received. Fax the form to the correct processing site for the entity.
    Brookhaven - 631-447-8960
    Cincinnati - 859-669-5760
    Philadelphia - 215-516-3990
    BMF return or form is received. Assign a new EIN with NIC "A."
    Correspondence is received. Correspond with the taxpayer telling him the EIN does not belong to him and he must apply for a new EIN.

3.13.2.9.5  (01-01-2012)
Correspondence Referred from Accounts Management/EIN Function

  1. Accounts Management/EIN Function has limited tax examining skills, therefore EIN Function will transfer correspondence and/or /taxpayer inquiries to BMF Entity for processing, specifically EINs with account activity.

  2. See IRM 21.7.13.7.2.4 for categories transferred to Entity.

  3. Below are the specific categories:

    • Form 8716 and Form 1128 Issues/FYM Changes with Account Activity. See IRM 3.13.2.21 for Form 8716 processing instructions. See IRM 3.13.2.20 for processing Form 1128 issues.

    • Consolidations Regardless of Account Activity. See IRM 3.13.2.13

    • Closing an Account Regardless of Account Activity. See IRM 3.13.2.9.7

    • Transferring Filing Extensions between Accounts - Use CC ESTAB to request posted extension from Files. If extension is posted incorrectly, prepare Form 3465 to Accounts Management to have extension moved to correct tax period. Input TC 590-20 on tax period that currently holds the extension. Input TC 016, PDC 1 to correct FYM. If extension appears to be posted correctly, correspond with taxpayer asking for verification of correct FYM. The taxpayer's response will be processed according to the information the taxpayer provides.

    • Account Consolidations Regardless of Account Activity. See IRM 3.13.2.13.

    • Estates claiming No Liability for Form 1041. See IRM 3.13.2.9.14.

    • Change in Corporate Officers, General Partners, or Members. See IRM 3.13.2.9.9.

    • EIN Verification for Backup Withholding; see IRM 3.13.2.9.16.

    • Changes to BOD and/or Wages Paid Date (WPD). See IRM 3.13.2.9.10.

    • Changes to Primary Name Line

3.13.2.9.6  (01-01-2012)
Requests for ITINs

  1. Non Resident Aliens may have a reason to file a federal tax return. To do this, they will need an Individual Taxpayer Identification Number (ITIN).

  2. Form W-7 is filed to request an ITIN from the Austin Submission Processing Center. Taxpayers may obtain Form W-7 via:

    • IRS walk in centers world wide

    • 1-800-TAX-FORM (1-800-829-3676)

    • www.irs.gov

    • acceptance agents (may charge taxpayer a fee)

  3. Completed Forms W-7 will be mailed to:
    Internal Revenue Service
    ITIN Operation
    PO Box 149342
    Austin, TX 78714-9342

  4. For packages being sent overnight express, the following address will be used:
    Internal Revenue Service
    AUSPC-ITIN Team
    3651 S. Interregional Hwy 35
    ATTN: ITIN Clerical Manager
    Austin, TX 78741

  5. ITIN ranges are 9NN-70-NNNN through 9NN-88-NNNN.
    Beginning 1-1-11, expansion ranges of 9NN-90-NNNN through 9NN-92-NNNN and 9NN-94-NNNN through 9NN-99-NNNN will be available.

3.13.2.9.7  (01-01-2012)
Going Out of Business or No Longer Liable or Not Liable

  1. Any correspondence which indicates the taxpayer will be going out of business or is no longer liable for tax returns will be thoroughly researched. Follow the procedures below:

    If... Then...
    a. There are no FRCs or they have been closed out, Acknowledge taxpayer's letter with 696C. Update DT-WG-L-PD> and DT-BUS-CLD> fields of CC BNCHG. See IRM 2.4.9.
    b. It can be determined that the taxpayer has filed their final returns, Close the filing requirements using TC 591 CC 20. Send 696C Update DT-WG-L-PD> and DT-BUS-CLD> fields of CC BNCHG. See IRM 2.4.9.
    c. It can be determined that the taxpayer has not filed their final returns (all Form 2290 filers), 1. Send 696C to request a final return.
    2. Inform the taxpayer to mark "final" on the return.
    d. The taxpayer states the business never opened. 1. Close any filing requirements via TC 591 CC 20.
    2. Send a 696C to notify the taxpayer that their account has been closed.

  2. Correspondence may be received stating the taxpayer did not request the EIN and is not liable for filing. Verify the initiator is the taxpayer/owner of the EIN. See below:

    If... Then...
    a. The taxpayer indicates no liability for the period indicated, Input TC 590 CC 20.
    b. The taxpayer indicates possible future liability, Input TC 590 CC 20 up to the present quarter or the date that may be indicated.
    c. The taxpayer indicates no employees and never will have employees, Input TC 591 CC 20 for all employment tax filing requirements. TC 591 will be input on the first period of no liability.
    d. The taxpayer indicates they are not a Form 941 filer but a Form 943 filer, Establish a Form 943 FRC and input TC 591 CC 20 on first quarter Form 941. Make sure they have a Form 940 FRC (repeat this transaction whenever a new employment tax FRC is added).
    e. The original tax returns are attached, Input TC 599 CC 24 on all returns secured and route the returns for processing.
    f. Copies of the tax returns are attached, Input TC 594 CC 22 on appropriate modules.
    g. The taxpayer indicates they have 2 EINs, Research both numbers. Consolidate if appropriate. CP 209 will generate to the taxpayer.
    h. The taxpayer stated they filed an extension, No action needed regardless of what type of tax is due.
    i. The taxpayer attaches a return and shows no liability and the document is not signed, Input TC 590 CC 20 and destroy the document.
    j. The taxpayer attaches a return and shows no liability and the document is signed, Edit CCC "F" on the return and route to Code & Edit for processing.
    k. The taxpayer changes their name and/or address, and the correspondence is signed, Make the name and address changes.
    l. The taxpayer receives a notice for current liability and sends the notice back stating the return is not yet due, Take no action.
    m. The taxpayer states they are an exempt organization that doesn't have to file Form 1023 and has no FRCs, Send 2645C to taxpayer. Forward correspondence to EO Entity at Ogden Submission Processing Center.
    n. A consolidated return is filed and an original return is filed with the notice under the wrong EIN, Check to see if TC 150 posted. If so, send the return to AM/Adjustments. If TC 150 is not posted, correct the EIN and send for processing. If a copy of the return is submitted and a TC 150 posted, send the copy to Adjustments. No TC 150 posted, route return for processing.
    o. The taxpayer does not write a message, simply returning the notice, Take no action.
    p. The taxpayer states the business has discontinued, Input TC 591 CC 20 on the first period of each FRC.
    q. The taxpayer states they filed the return and it has been less than 10 weeks, Take no action.
    r. The taxpayer states they filed the return and it is more than 10 weeks, Contact the taxpayer. Tell them we have no record of their return and to send us a copy of what was submitted.
    s. There is an open TDI status, Send a copy of the correspondence to Service Center Compliance Operation.
    t. Taxpayer states an incorrect BOD or WPD was entered on Form SS-4, Input TC 016 to update MF with correct date. Input TCs 590/591 to satisfy appropriate modules and stop erroneous notices.

  3. You must correspond with the taxpayer acknowledging the action taken. However, name and address changes do not require an acknowledgement letter unless the taxpayer specifically requests one.

  4. If a relationship between the initiator and the entity cannot be verified, send the case to the Fraud Detection Center via the "Funny Box" .

3.13.2.9.8  (01-01-2012)
Resuming Business After Being Inactive or Change from Non-Employing to Employer

  1. If correspondence is received requesting an EIN be re-activated and the taxpayer failed to supply the EIN, research IDRS for EIN. If EIN is found, see (3) below. If EIN cannot be located, send 45C requesting verification of EIN assignment and/or Form SS-4.

  2. If correspondence is received requesting an EIN be re-activated, research IDRS for another EIN. If second EIN is located, process as needed, see IRM 3.13.2.9 or IRM 3.13.2.13.

  3. If correspondence is received requesting an EIN be re-activated and IDRS research does not locate another EIN, see below:

    If... And.. Then...
    a. EIN is "inactive" due to posting of TC 020, 1. The EIN supplied by the taxpayer is "inactive" due to the posting of a TC 020, Input TC 012, activating the FRCs requested by the taxpayer. Send 147C
      2. The EIN has FRCs that were not requested by the taxpayer, Update IDRS as needed, adding the FRCs requested by the taxpayer. Send 147C
    b. EIN is on Master File, Reflects the FRCs requested by the taxpayer, Input TCs 590-20 as needed. Update address as indicated by taxpayer. Send 147C
      Does not reflect the FRCs requested by the taxpayer, Update IDRS to reflect the FRCs and address indicated by the taxpayer. Send 147C.

3.13.2.9.9  (01-01-2012)
Change in Ownership or Change in Officers, Partners, or Members

  1. Determine from the appropriate research if the new entity has an EIN.

    If... And... Then...
    Correspondence is received, It indicates a change in organization and no new EIN has been assigned, Send 45C requesting Form SS-4
    It indicates purchased going business and no new EIN has been assigned, Send 45C requesting Form SS-4
    It indicates purchased existing corporate charter, Do not assign a new EIN. Send 147C
    It indicates a merger, See IRM 3.13.2.9.11
  2. If no EIN for the new entity is found, send Letter 45C. If the notification is a return or is associated with a return, assign an EIN using CC ESIGN. If it can be determined from the response, the EIN of the previous owner was used when filing the return, route a copy of the response to AM/Adjustments so the mis-applied returns can be moved to the correct EIN.

  3. If it can be determined that the previous entity filed a return for the final period but it posted without the condition code "F" , input a TC 591 CC 20. If the final return has not posted, send 696C to previous owner requesting their final return(s).

  4. Use the following table to determine if the taxpayer needs a new EIN. An EIN will not be assigned to correspondence unless you are processing a return, payment, or completed Form SS-4.

    If... And... Then...
    (a) Entity does not already have an EIN, but is required to show an EIN on any return , payment, or an SS-4 is present, Return's due date has passed, Assign EIN with NIC 'D'. Send 147C requesting a completed Form SS-4.
    (b) Taxpayer Started a New Business, 1. T/P is a corporation, and opened an additional DBA, Send 147C explaining the same EIN will be used for all businesses operated under one corporation or sole proprietorship.
      2. T/P is a partnership or LLC, Send 147C asking if new DBA is part of original partnership/LLC agreement. Action taken will be determined by taxpayer's response.
    (c) Taxpayer hired (or will hire) employees, including household employees, Does not already have an EIN, Send 147C instructing taxpayer to review Publication 15, Circular E, and if necessary apply for an EIN.
    (d) Taxpayer opened a bank account for his business, Needs an EIN for banking purposes only, Send 45CC instructing taxpayer to apply for an EIN via Form SS-4 or www.irs.gov.
    (e) Taxpayer changed type of organization, Either the legal character of the organization or its ownership changed (for example, a sole proprietorship incorporated or forms a partnership,
    • Research "old" entity. If FRCs present, send 696C asking for Final return(s).

    • Research for EIN of new entity based on taxpayer's letter.

    • If found, send 147C to new entity.

    • If new EIN is not found, send 45C instructing taxpayer to apply for new EIN via Form SS-4 or www.irs.gov.

    (f) Taxpayer purchased an existing business, Does not already have an EIN. Send 45C instructing taxpayer to apply for EIN via Form SS-4 or www.irs.gov. Also tell taxpayer he should not use the EIN of the previous owner.
    (g) Taxpayer is a foreign person, Needs an EIN to avoid withholding on portfolio assets, or claim tax treaty benefits Entities applying to be a Qualified Intermediary (QI) need a QI-EIN even if they already have an EIN. Send 45C explaining this requirement. See IRM 21.7.13.3.2.7.3 .
    (h) Taxpayer created a Trust, The trust is other than a grantor trust or an IRA trust Send 45C instructing taxpayer to apply for an EIN via Form SS-4 or www.irs.gov.
    (i) Taxpayer created a pension plan as a plan administrator. A plan administrator is the person or group of persons specified as the administrator by the instrument under which the plan is operated, Needs an EIN for reporting purposes Send 45C instructing taxpayer to apply for an EIN via Form SS-4 or www.irs.gov.
    (j) Taxpayer is administering an estate, Needs an EIN to report estate Income on Form 1041 Send 45C instructing taxpayer to apply for an EIN via Form SS-4 or www.irs.gov.
    (k) Taxpayer is a withholding agent for taxes on non-wage income paid to an alien (for example, individual, corporation, or partnership, etc.), Needs an EIN for reporting purposes, Send 45C instructing taxpayer to apply for an EIN via Form SS-4 or www.irs.gov.
    (l) Taxpayer is a state or local, or health and welfare agency, Serves as a tax reporting agent for public assistance recipients under Rev. Proc. 80–4, 1980–1 C.B. 581. State and local agencies may need an EIN for other reasons, for example, hired employees. Send 45C instructing taxpayer to apply for an EIN via Form SS-4 or www.irs.gov.
    (m) Taxpayer is a single-member LLC, Domestic does not need an EIN and generally will not file a Form SS-4. The LLC will use the name and EIN of its owner for all tax purposes unless the LLC will be filing employment tax returns as specified in Notice 99–6, 1991–1 C.B. 321. If the LLC will be filing employment returns, it should file using the LLCs Name and EIN. If the LLC-applicant indicates in box 13 that it has employees or expects to have employees, the owner (whether an individual or other entity) of a single-member domestic LLC will also be assigned its own EIN (if it does not already have one) even if the LLC will be filing the employment returns, Needs an EIN to file employment tax returns, Send 45C instructing taxpayer to apply for an EIN via Form SS-4 or www.irs.gov.
    (n) Taxpayer is an S corporation, Has filed Form 2553, Election by a Small Business Corporation An existing corporation that is electing or revoking S corporation status will use its previously assigned EIN. If a new corporation, an EIN will be assigned from Form 2553. Research for EIN. If CP 575, 576, or 261 has generated within the last six cycles, take no action.

  5. LLCs can change owners without acquiring a new EIN as long as the LLC remains structurally unchanged. When updating an LLC EIN to reflect a new owner, the X-REF TIN must also be updated.

  6. If correspondence or notification from the taxpayer is received informing us of new officers, ensure this is not a change in ownership. Since we do not record officer information in the Entity module, take no action on IDRS. Acknowledge the taxpayer's correspondence including the phrase: we have updated our records accordingly.

  7. Correspondence will be received notifying us of new LLC members. Update IDRS accordingly. If needed, update the X-REF TIN TYPE and TIN fields on the Entity module.

3.13.2.9.10  (01-01-2012)
Change in Fiscal Year Month (FYM), Business Operational Date (BOD), Wages Paid Date (WPD)

  1. Correspondence may be received from the taxpayer indicating his Fiscal Year Month (FYM) was erroneously changed to December during Form SS–4 processing.

    • All trusts must use a December FYM except Section 501(a) trusts, Section 4947(a)(1) charitable trusts and grantor trusts.

    • Partnerships, Personal Service Corporations, and Subchapter S corporations are required to use the FYM of their owner, which is usually December. If the taxpayer states they would like to use a fiscal tax year, explain that they are required to use the tax year of their owner by the Tax Reform Act of 1986. If the taxpayer indicates he would like to make a Section 444 election, ensure he qualifies before referring him to Form 8716.


    If the taxpayer is not required to use a specific tax year ending, input a TC 016 to update their FYM. Correspond with he taxpayer stating our records have been updated to show the requested FYM.
    If the taxpayer is required to use a particular FYM, refer them to Form 1128.
    If the taxpayer has already filed an annual return, refer them to Form 1128.

  2. If correspondence or notification is received from a taxpayer and the taxpayer is informing us of a change in BOD:

    • If the "new" BOD is later than that on Master File (CCs ENMOD and BMFOL'E'), input TCs 590-20 on all necessary MFTs and modules. Input TC 016 to update the BOD.

    • If the "new" BOD is earlier than the date on Master, input TC 016 to update BOD.

  3. When correspondence from the taxpayer is received notifying us of a change in their WPD:

    • If the "new" WPD is later than that on Master File (CCs ENMOD and BMFOL'E'), input TCs 590-20 on all intervening MFTs and modules. Input TC 016 to update the WPD.

    • If the "new" WPD is earlier than that on Master File, input TC 016 to update WPD.

3.13.2.9.11  (01-01-2012)
Corporation Merger and Exempt Organization Mergers

  1. Determine from appropriate research if entity data for the surviving corporation is correct. If not, correct the entity as required.

  2. Input 3008C "Letter to Surviving Corporation Concerning the Merger and Correct EIN" . In the outgoing letter to the surviving corporation, there must be a statement to notify the merged corporation to file its "Final Return" if correspondence doesn't indicate taxpayer's intent to do so.

  3. Closeout the merged corporations' filing requirements (TC 591 CC 20), if specific dates are given.

  4. DO NOT INPUT TC 011.

3.13.2.9.12  (01-01-2012)
Supplemental Listings Under a Group Ruling

  1. Supplemental Group Ruling Information (SGRIs) are processed exclusively at Ogden Submission Processing Center.

  2. If received at another site, transship to:
    Internal Revenue Service
    Ogden Submission Processing Center - MS 6273
    1973 N. Rulon White Blvd.
    Ogden, Utah 84404

3.13.2.9.13  (01-01-2012)
Inquiries Concerning Publication 78 (Cumulative List of Organizations)

  1. If correspondence is received regarding Publication 78, transship to
    Internal Revenue Service
    TEGE Customer Account Service
    PO Box 2508
    Cincinnati, Ohio 45201

3.13.2.9.14  (01-01-2012)
Relief from Filing

  1. IRC § 1.6012–2(a)(2) of the Income Tax Regulations, reads in part as follows: If a corporation has received a charter but has never perfected its organization and has transacted no business and has no income from any source, it may, upon presentation of the facts to the service (campus) be relieved from the necessity of making a return. In the absence of a proper showing of such facts, a corporation will be required to make a return. Process "Relief from Filing" requests as follows:

    1. Research the entity using IDRS.

    2. If research shows the entity has been established on the BMF, input TC 591 CC 20 on the tax period of the BOD. Enter "Section 1.6012" in the remarks field.

    3. Send Letter 696C to the taxpayer to inform the taxpayer that he/she is not required to file a return under Section 1.6012.

  2. An executor/administrator of an estate is required to file Form 1041 if the estate has gross income of $600 or more in a tax year. Correspondence or Forms 1041 are regularly received indicating "No Liability" . If received, input TC 590-20 for the tax period(s) involved.

  3. Grantor trusts are not required to file Form 1041. This type of trust does not become liable for Form 1041 until the assets of the trust are distributed to the beneficiary. When correspondence or Forms 1041 are received indicating "Grantor Trust-Not Liable" , input TC 590-20 for the tax period(s) involved.

3.13.2.9.15  (01-01-2012)
Verification of EIN

  1. Non-Service organizations may request verification of EINs by submitting a list of names and EINs. You can only provide verification of their EIN listing with proper authorization. Authorization is a signed and dated Form 8821/2848 or an Oral Disclosure Consent. See IRM 21.1.3 for additional procedures on an Oral Disclosure Consent.

  2. Individuals may request verification of EINs. Most of these requests will be in the form of a letter with the taxpayer’s name and EIN. If the individual is a third party, you can only provide verification of their EIN with proper authorization. Authorization is a signed and dated Form 8821/2848 or an Oral Disclosure Consent. See IRM 21.1.3 for additional procedures on an Oral Disclosure Consent. If the taxpayer asks for a duplicate CP 57X, send a 147C explaining that the original notice of EIN assignment cannot be duplicated.

    1. Perform necessary research to verify the EIN(s).

    2. For organizations, indicate opposite each name on the list whether the number is valid or invalid.

    3. If the listing provided is a request from a banking institution to verify the correct EIN’s for trust accounts (bulk assignment verified list reply), route the request to AM/EIN Function in Cincinnati for processing. Send interim letter if needed.

    4. Return the validated list to the controlling unit within the campus.

    5. For BMF taxpayers, use Letter 147C to acknowledge a valid EIN. Send the letter to the address requested by the taxpayer. If a specific address is not requested, send the letter to the address on Master File.

  3. If the EIN provided is incorrect, belongs to another taxpayer, is not valid or if the EIN is not provided and cannot be found through research, contact the taxpayer with a 147C letter requesting the correct EIN that needs to be verified. Refer the taxpayer to Form SS-4 if needed.

    Note:

    A non-Internal Revenue Service organization is any organization and/or individual who requests verification of EIN’s of another taxpayer. In most cases, these organizations or individual are not responsible for filing a return or obtaining an EIN for the taxpayer.

  4. If the taxpayer and/or their authorized representative asks for a faxed 147C letter, prepare the 147C TEMPLATE and fax EIN confirmation. Enter a history item on CC ENMOD. See IRM 2.3.12.

3.13.2.9.16  (01-01-2012)
Verification of EINs for TIN Penalty/Backup Withholding Purposes

  1. Correspondence will be received requesting EIN verification clearly stating the taxpayer received a Backup Withholding notice from a bank or other financial institution. This notice is sent to taxpayers that have not provided the correct name and/or Taxpayer Identification Number. The taxpayer may be subject to backup withholding or TIN Penalties until the EIN is validated by IRS. The taxpayer should provide you with a copy of the notice. These taxpayers' accounts will be added to and/or updated on the MF to prevent future erroneous notices. The following are examples of entities that request TIN verification:

    • EINs that were assigned for" banking purposes,"

    • T/Ps using their SSNs for accounts that should bear an EIN,

    • EINs that have fallen off of MF due to non-liability of returns,

  2. Requests for a TIN validation will be processed on an expedite basis (same day) since the taxpayer must respond to the payor within a limited time frame.

  3. The taxpayer will request a 147C letter for the validation of the EIN and name as it appears on IRS records and the taxpayer may reference "per requirements of Revenue Procedure 93–37 " . Provide the taxpayer with the information exactly as it is on IRS records, unless the taxpayer is requesting a valid name change.

  4. Thorough research will be performed to ensure the T/P submitted their TIN in the correct format (EIN vs. SSN, etc.) Thorough research will be performed for all TINs that may have been assigned.

  5. Do not tell the taxpayer the EIN is valid because it is within the valid range if research shows the EIN is not on the Master File. If taxpayer has supplied enough information to establish the account update the Master File without filing requirements via CC ESIGN. Suppress the notice of the EIN assignment. If taxpayer has not supplied enough information contact will be needed.

  6. If the EIN provided is incorrect, belongs to another taxpayer, is not valid or if the EIN is not provided and cannot be found through research, contact the taxpayer with a 147C letter requesting the correct EIN that needs to be verified. Refer the taxpayer to Form SS-4 if needed.

  7. If taxpayer A inadvertently uses the EIN of taxpayer B, correspond using a 147C letter with special paragraph informing them of their correct EIN, and the corrective action taken.

  8. If the first and second name lines have been reversed, make the corrections according to procedures and send the taxpayer a 147C letter informing them of their correct name/EIN assignment.

  9. After a second notification of a name/TIN mismatch, the taxpayer (payee) is required to provide the bank, or other business entity (payor) with a copy of the 147C letter in order to stop backup withholding.

  10. Form 8821 is not a Power of Attorney (POA) form. Form 8821 authorizes any individual, corporation, firm, organization, or partnership the taxpayer wants to designate to inspect and/or receive confidential information in any office of the IRS for the type of tax and the years or periods he/she has listed on this form. Form 8821 does not authorize an appointee to advocate the taxpayer's position with respect to the Federal tax laws . This form is good for only one year. If this form comes to Entity for verification of the EIN number, and it has a Centralized Authorization File (CAF) Number and an S-DLN number, it has been processed. Verify the EIN and send it to Files. If a CAF Number or S-DLN is not located after verification of EIN, return to Return and Income Verification Services (RAIVS) for processing.

3.13.2.9.17  (01-01-2012)
Correspondence Received From CP 57X

  1. If a taxpayer disagrees with any information on the CP 57X they received, they will return the notice indicating changes should be made to the account. Entity TEs will add any missing information and update any item the taxpayer indicates should be corrected.

  2. Correspondence may be received requesting assistance because the taxpayer received a notice or returns stating that based on information contained on their Form SS–4, they may be liable for past due or current due returns. Check the EIN and name on all returns or copies of returns that may be submitted. Ensure that the return is for the same taxpayer that any notice went out for. Ensure that all returns and copies of returns are date stamped. When a TC 594/599 has been input send a copy of the correspondence to the campus Compliance Operation with instructions to file in suspense.

    If... Then...
    a. The taxpayer indicates no liability for the period indicated, Input TC 590 CC 20.
    b. The taxpayer indicates possible future liability, Input TC 590 CC 20 up to the present quarter or the date that may be indicated.
    c. The taxpayer indicates no employees and never will have employees, Input TC 591 CC 20 for all employment tax filing requirements. TC 591 will be input on the first period of no liability.
    d. The taxpayer indicates they are not a Form 941 filer but a Form 943 filer, Establish a Form 943 FRC and input TC 591 CC 20 on first quarter Form 941. Make sure they have a Form 940 FRC (repeat this transaction whenever a new employment tax FRC is added).
    e. The original tax returns are attached, Input TC 599 CC 24 on all returns secured and put the returns through for processing.
    f. Copies of the tax returns are attached, Input TC 594 CC 22 on appropriate modules.
    g. The taxpayer indicates they have 2 EINs, Research both numbers. Consolidate if appropriate. CP 209 will generate to the taxpayer.
    h. The taxpayer stated they filed an extension, No action needed regardless of what type of tax is due.
    i. The taxpayer attaches a return and shows no liability and the document is not signed, Input TC 590 CC 20 and destroy the document.
    j. The taxpayer attaches a return and shows no liability and the document is signed, Send the return through for processing.
    k. The taxpayer changes their name and/or address, and the correspondence is signed, Make the name and address changes.
    l. The taxpayer receives a notice for current liability and sends the notice back stating the return is not yet due, Take no action.
    m. The taxpayers states they are an exempt organization that doesn't have to file Form 1023 and has no FRCs, Send 2645C to taxpayer. Forward correspondence to EO Entity at Ogden Submission Processing Center.
    n. A consolidated return is filed and an original return is filed with the notice under the wrong EIN, Check to see if TC 150 posted. If so, send the return to AM/Adjustments. If TC 150 is not posted, correct the EIN and send for processing. If a copy of the return is submitted and a TC 150 posted, send the copy to Adjustments. No TC 150 posted, route return for processing.
    o. The taxpayer does not write a message, simply returning the notice, Take no action.
    p. The taxpayer states the business has discontinued, Send 696C requesting Final return(s).
    q. The taxpayer states they filed the return and it is less than 10 weeks, Take no action.
    r. The taxpayer states they filed the return and it is more than 10 weeks, Contact the taxpayer. Tell them we have no record of their return and to send us a copy of what was submitted.
    s. There is an open TDI status on CC BMFOL'I', Send a copy of the correspondence to Service Center Compliance Operation.
    t. Taxpayer states an incorrect BO or WPD was entered on Form SS-4, Input TC 016 to update MF with correct date. Input TCs 590/591 to satisfy modules and stop erroneous notices.

  3. You must correspond with the taxpayer acknowledging the action taken. However, name and address changes do not require an acknowledgement letter unless the taxpayer specifically requests one.

3.13.2.9.18  (01-01-2012)
Correspondence of Bankruptcy, Receiver/Receivership and State Receivership

  1. Correspondence received from taxpayer indicating a bankruptcy, receiver/receivership or state receivership will be routed to the Philadelphia Campus, Centralized Insolvency Operation.

  2. Title 11 of the United States Code (the Bankruptcy Code) provides a way for a debtor to resolve certain debts under the protection of the bankruptcy court through liquidation or reorganization.

  3. Corporations—Separate taxable entities are not created for a bankrupt corporation and its trustee, or debtor in possession as stated in IRC § 1399. Tax returns that become due after a petition is filed in bankruptcy, are the responsibility of the trustee, or debtor in possession. When a return is received indicating a corporation is in bankruptcy or a fiduciary has been appointed in a state insolvency proceeding, update the Master File (see example below) to show the receiver's, trustee's, or debtor in possession's name and address. If a signature name is present, put the signature name as the sort name. If this information or signature is not present, correspond with the taxpayer a non-suspense letter requesting the missing information. . For example:

    ABC Corporation ABC Corporation
    1234 Main Street John Smith Receiver
    Detroit, Michigan 48216 4321 State Street
      Detroit, Michigan 48216

    Exception:

    If a corporation or partnership that is in bankruptcy establishes a liquidating trust that is a separate entity for tax purposes, an EIN for that trust is required. See Treasury Reg. § 301.7701–4(d). The same rule applies if a bankrupt corporation establishes an escrow account, settlement fund or similar fund to liquidate or distribute assets.
    Correspondence may be necessary in these cases.

  4. Individual—A bankrupt individual who has filed a Chapter 7 or 11 petition (for example, sole proprietor) and the bankruptcy estate are separate entities and are entitled to have their own EINs pursuant to IRC § 1398. Husband and wife that file bankruptcy under Chapter 7 or Chapter 11 must have their own EINs.

    • If processing a return and an EIN must be assigned, assign to the person whose SSN is entered on the Form 1041. If an SSN has not been entered, assign the EIN to the first name listed.

    • A taxable bankruptcy estate is not a separate taxable entity in an individual Chapter 13 case.

    • A trustee may be appointed to oversee more than one bankruptcy case. Each time the trustee will request a new EIN. All requests will be honored. The individual debtor's name will be entered in the Primary Name Line. The trustee's name will be entered on the Sort Name Line. Establish a Form 1041 filing requirement.

    • If employees are indicated, establish with a 1041-2 filing requirement. See below for examples of the correct entity format.

    • On BMF the individual was established with EIN 32–5671234 and reads
      DAISY ROSE
      DAISYS BAR & GRILL
      1245 CENTER ST.
      FLOWER CA 92201

    • Now that the business is bankrupt, a new EIN 32–6145345 is assigned to the bankruptcy estate and reads
      DAISY]ROSE]BANKRUPTCY ESTATE
      ROBERT FISHER TTEE
      2023 WILSHIRE BLVD STE 4
      LEAF CA 90012

      Note:

      Situations may occur where the bankrupt individual and the trustee are the SAME individuals, because the individual is acting as the debtor in possession. Separate entities are created for Chapter 7 and 11 because the individual and the bankruptcy estate are nonetheless separate taxable entities. EINs are to be assigned on an expedite basis.

    • On BMF the individual was established with EIN 32–1234567 and reads
      SUSAN BEECH
      BAY CUISINE
      1214 BAY VIEW ST.
      ROSEBUD CA 92124

    • Now that the business is bankrupt a new EIN 32–7654321 is assigned and reads
      SUSAN]BEECH]BANKRUPTCY
      BAY CUISINE
      1214 BAY VIEW ST.
      ROSE BUD CA 94124

    • An individual operating more than one business may file a Chapter 7 or 11 bankruptcy petition for only one business. In this situation the trustee or debtor in possession will be assigned an EIN and FRCs only for the bankrupt business. This is a very rare situation. In the majority of cases, the individual’s entire business operation is included in the proceedings.

  5. Partnerships (and LLCs that file as partnerships): For bankruptcy purposes, separate taxable entities will not be created for the bankrupt partnership and its trustee, etc. Follow the instructions in (3) above, except Form 1065 will be filed instead of Form 1120.

  6. When Forms 1041 are filed for Corporations, Partnerships, or LLCs that are in bankruptcy, do not assign a new EIN unless the words "Liquidating Trust" are present on Form 1041. If these words are not present, send 177C requesting correct return for entity type. Route return back to originator.:

  7. A bankruptcy estate and a decedent estate are different types of entities. A bankruptcy estate pertains to bankruptcy and a decedent estate is a legal entity that is created as the result of a person's death.

  8. If the bankruptcy case number is available, input it on the primary name or continuation of primary name. Do not correspond for this information.

  9. Leave all forms attached to bankruptcy cases if they are received from another area for EIN assignment.

  10. A bankruptcy petition filed by either a shareholder or the corporation does not terminate an S election.

3.13.2.9.18.1  (01-01-2012)
Foreclosures

  1. The EIN of these types of entities will always be that of the taxpaying entity. If a bank forecloses on a business and keeps the business open under the business name, a new EIN will be assigned to the bank with the business name in the Sort Name field. Taxpayer contact may be necessary to determine when a new EIN is needed.

  2. Corporations-Separate entities are created if the corporation went out of business and then re-opened with a new charter.

  3. Partnerships-A new entity is created if a different partnership is created.

  4. Individuals/Sole Proprietors-An individual will retain their EIN if they stay in business or open the business in a new location.

3.13.2.9.19  (01-01-2012)
Payroll Company

  1. If a payroll company with POA submits correspondence stating they are responsible for the payroll of their client, take no action. The POA has already established their filing obligation.

  2. If a payroll company with POA submits correspondence stating the company (client) is no longer liable for their tax obligation (leasing employees), input TCs 591-20 on appropriate modules.

  3. If a payroll company without a POA submits correspondence stating they are responsible for the payroll of their client for payroll purposes, take no action. Do not input a TC 59X on any of the taxpayer's filing requirements. Do not switch the taxpayer's filing obligation over to the payroll company. Send Letter 104C to taxpayer informing him to return a completed Form 8822.

3.13.2.9.20  (01-01-2012)
State Reorganization/Conversion

  1. If an Entity reorganizes/converts at the state level and maintains the same structure (officers, employees, type of business), the entity may retain their EIN. Entity TEs will:

    • Secure a copy of the taxpayer's state paperwork showing the reorganization/conversion.

    • Update the taxpayer's name and/or address as needed. Remove LLC indicator as needed.

    • Prepare a "dummy" Form 8832, see IRM 3.13.2.1.4(7), with the state paperwork attached. Input TC 076 effective the date the entity reorganized/converted. Utilize PSC "Z" on the TC 076 input. If needed, see IRM 3.13.2.26.6(2) for input of TC 076.

    • Send the taxpayer a 3064C telling him our records have been updated to reflect the state reorganization/conversion.

  2. One of the most common types of reorganization is an S corporation reorganizing into a newly formed entity. If a Subchapter S election needs moved from one EIN to another, the effective date on the TC 090 input will be the same as the original TC 090. Prepare a Dummy Form 2553, see IRM 3.13.2.1.4 (7). Suppress the generation of CP 261. Include information about the Subchapter S election in the 3064C. It is not necessary to input a TC 090 to reflect the reorganization/conversion date.

3.13.2.9.21  (01-01-2012)
Updating Account Information for Modernized e-File (MeF)

  1. Ensuring our records are current prevents returns, both paper and MeF, from being Rejected or going Unpostable.

  2. Taxpayers that have experienced problems while utilizing MeF will submit a request for an account update. The request will state When I attempted to e-file my return it was rejected because of a filing requirement mismatch. Please update my filing requirements so that I can file a Form _____. and be signed by an officer of the organization. Input the necessary transaction(s) to ensure the taxpayer's FRCs are correct. .Correspond with the taxpayer informing them that our records have been updated.

  3. If the taxpayer is a Subchapter S corporation and their MeF Form 1120S rejected because Master File does not reflect an 1120-02 FRC, input TC 092, prepare a Dummy 2553 reflecting the same effective date and FYM of the original election, see IRM 3.13.2.1.4 (7). Use PDC when inputting TC 090 and suppress CP 261. Tell taxpayer they will be able to e-file in three weeks.

3.13.2.9.22  (01-01-2012)
Identity Theft Issues

  1. If correspondence (or Form 4442) is received indicating the taxpayer received an EIN without filing a Form SS-4 and they are a victim of identity theft, the following actions will be taken:

    • Ensure another EIN is not on the system for this taxpayer name. If found, initiate TC 011 procedures if needed.

    • Input TCs 591 CC 20 on all open FRCs.

    • Do not input any name or address changes.

    • Research CC ENMOD for a TC 971 Action Code 501 or a TC 971 Action Code 506. If present, take no action. If not present, forward to Accounts Management/Identity Theft.

3.13.2.9.23  (01-01-2012)
Updating "nominee" Names and TINs

  1. Many EIN’s have been assigned to entities that had a ‘nominee’ name and Taxpayer Identification Number (TIN) entered on Form SS-4 (Internet or paper). A nominee is someone who is given limited authority to act on behalf of an entity, usually for a limited period of time, and usually during the formation of the entity.

  2. An announcement was posted on one of the web pages on the Modernized Internet EIN application asking entities that received EIN’s with a "nominee" name and/or TIN to submit a letter with the name and TIN of the current principal officer, general partner, grantor, owner, or trustor.

  3. This correspondence will be received via fax and/or mail and will be batched under 10006.

  4. Entity will update the "XREF-TIN-ITIN-IND" (0 if SSN; 2 if EIN) and "XREF-TIN-ITIN" fields of CC BNCHG with the information provided in the taxpayer’s letter. If the TIN is missing, research IDRS. If unable to locate, return the correspondence to the taxpayer informing him that we cannot fulfill their request due to missing information.

  5. Upon completion of the transaction, Entity will send a 3064C to the taxpayer notifying him that we have updated our records with the information provided.

3.13.2.9.24  (01-01-2012)
Section 83(b) Elections

  1. Correspondence citing a Section 83(b) election will contains words such as "property transfer," "fair market value " , "transfer dates," and should be forwarded to Accounts Management.

  2. If received in Entity, this correspondence should be forwarded to Accounts Management.

3.13.2.9.25  (01-01-2012)
Section 1.482-7T Elections

  1. Correspondence may be received from partnerships indicating they are participating in a Cost Sharing Arrangement (CSA) within the partnership. The CSA does not require IRS action until the account is examined

  2. This correspondence will be associated with the last posted Form 1065.

  3. The response to the taxpayer will be straightforward: Thank you for notifying us of the CSA. We have attached the statement to your last filed return. The letter should be professional and contain all required elements of a letter.

  4. If a return is not posted, return election to taxpayer informing them we cannot process the election until a return is filed and to attach the election to their initial Form 1065.

3.13.2.9.26  (01-01-2012)
Section 1.663 Elections

  1. IRC § 1.663 covers an election made by certain trusts. The elements of the election do not require any IRS action until the account is examined.

  2. This correspondence will be associated with the last posted Form 1041.

  3. The response to the taxpayer will be straightforward: Thank you for notifying us of the CSA. We have attached the statement to your last filed return. The letter should be professional and contain all required elements of a letter.

3.13.2.9.27  (01-01-2012)
Mis-Applied Extensions

  1. Notification of mis-applied extensions will be received in various forms:

    • Returns for "incorrect" tax periods,

    • Taxpayer correspondence,

    • Taxpayer replies to delinquency notices,

    • Internal requests for FYM verification

  2. Always use CC ESTAB to retrieve the extension (TC 460) before determining if it is posted correctly.

    • If extension is posted incorrectly, prepare Form 3465 to Accounts Management to have extension moved to correct tax period. Input TC 590-20 on tax period that currently holds the extension. Input TC 016, PDC 1 to correct FYM.

    • If extension is posted to the tax period indicated on extension, correspond with taxpayer asking for verification of correct FYM. The actions taken on taxpayer's response will be determined by the information provided by the taxpayer.

3.13.2.9.28  (01-01-2012)
Changes to Primary Name Line

  1. Correspondence will be received notifying us of a name change to a BMF entity. There are different verification procedures for the various types of entities. These procedures are in place to ensure the name change is legitimate and does not require the assignment of a new EIN. See below for further instructions:

    1. Corporate name changes can be verified through the respective Secretary of State's office via the Internet.

    2. Partnership name changes cannot be verified through any outlet available to IRS employees. Therefore, we must rely on information provided by the taxpayer.

    3. Limited Liability Companies (LLCs) must register name changes with their respective states. Research the Secretary of State's web site to verify any name changes.

    4. If a Sole Proprietor requests a change to their personal name, research the taxpayer's SSN for same name change. If SSN is unchanged, request documentation showing the name change is legal. When response is received, the appropriate action will be determined by the taxpayer's response. If taxpayer's SSN reflects the requested name change, input appropriate transaction to update the BMF.

    5. Before a Trust name can be changed with correspondence, the trustee must provide a copy of the trust instrument. This enables us to determine if a new trust has been created, which would require a new EIN. However, successor fiduciaries often alter the trust name line without actually changing the name of the trust.

    6. As a rule, the decedent's name on an Estate will not change.

    7. Business Plans should mimic the name change of the Business entity. Follow procedures above as they apply.

    8. For Exempt Organization name changes, see IRM 3.13.12, Exempt Organization Account Numbers.

  2. Input TC 013 as needed.

  3. Do not send an acknowledgement letter unless there is a direct demand for such from the taxpayer.

3.13.2.9.29  (01-01-2012)
Correspondence from Incarcerated Taxpayers

  1. Correspondence will be received from individuals that are currently incarcerated.

  2. This type of taxpayer should be treated the same as any other taxpayer per IRM 5.19.1.4.7.

  3. The taxpayer's "prisoner number" must be included in the address line otherwise the letter will be undeliverable.

3.13.2.10  (01-01-2012)
Railroad Retirement Board (RRB)

  1. This section contains information on Railroad Retirement Board Numbers and Requests.

  2. The Railroad Retirement Board (RRB) assigns one four-digit number to each railway labor organization employer and to each carrier. When assigned to a railway labor organization employer, the number is used not only by the parent organization but also by each subordinate unit.

  3. When a RRB number is also used by a subordinate unit of a railway labor organization employer, it is expanded to eight digits. The last four digits of the number represent a parent organization and the first four digits represent a subordinate unit.

3.13.2.10.1  (01-01-2012)
Processing requests for RRB Numbers

  1. Correspondence from the Railroad Retirement Board (RRB) will be sent directly to the Cincinnati Submission Processing Center at the following address:
    Internal Revenue Service -Wage & Investment
    Submission Processing, DPO/Dept 3 - Entity
    Lead, Control Team
    201 W. Rivercenter Blvd, Stop 343G
    Covington, KY 41011

  2. The correspondence provides documentation for the approval or removal from the RRB of the employer status of the applicant.

  3. Entity Control will verify that the entity is, in fact, established on the BMF as a Form CT-1 and Form 941 filer.

  4. If the documentation from RRB is for approval follow the procedures below for input of Form CT-1:

    1. Research to determine if the entity is on the Master File and that there is a Form CT-1 FR

    2. If the entity is on the BMF with a CT-1 FR, no further action is required. Dispose of the documentation according to security guidelines.

    3. If the entity is on the BMF without a Form CT-1 FR, update the account accordingly by using CC BNCHG, TC 016 as applicable.

    4. If the entity is not on the BMF, establish the entity using CC ESIGN, NIC "D" with a Form CT-1 FR. Notate in remarks field "Entity established from RRB documentation." If unable to establish EIN using CC ESIGN, input a TC 000 via BNCHG with a Form CT-1 FR. Notate in remarks field "Entity established from RRB documentation."

  5. If the documentation from RRB is for removal, follow the procedures below for the deletion of Form CT-1 FR:

    1. Research to determine if the entity is on the Master File and that there is a Form CT-1 FR.

    2. If the entity is on the BMF with a CT-1 FR, remove with a TC 591 CC20.

    3. Documentation for removal from the RRB will be held in the Entity Control function for a one year period. Then it will be sent to Records Holding area.

3.13.2.11  (01-01-2012)
Requests from Social Security Administration (SSA)

  1. Various types of correspondence are received from the Social Security Administration (SSA) regarding missing Forms SS–4, errors in assignment of EINs, and discrepancies between EINs assigned and data reported to the SSA by the IRS on magnetic tape.

    1. Process this correspondence within TWO WEEKS of the day of receipt.

    2. The Entity Control Team will enclose a copy of the incoming correspondence with the reply and mail reply to:

      Social Security Administration
      Office of Central Records Operations
      OCRO–RCB
      301 North Greene Street
      Baltimore, MD 21201
      ATTN: Records Classification Branch 5–H–16NB

  2. SSA receives from Enterprise Computing Center at Martinsburg (ECC-MTB) a monthly tape of entity changes on the Business Master File. Discrepancies in EIN assignment are determined by SSA when:

    1. The EIN on tape and on the related Form SS–4 differ.

    2. An EIN is received on tape, but not on a Form SS–4.

    3. An EIN is received on Form SS–4, but not on tape.

    4. An EIN is assigned to an entity, and SSA records indicate a previously assigned EIN for that entity.

    5. The same EIN is assigned to more than one entity.

    6. The EIN is not within an established series, or is out of sequence. When an error condition exists, SSA will forward request for correction to the appropriate campus.

  3. Discrepancies in EINs Form SSA–L361, Discrepant Forms SS–4 Memorandum—

    1. Background information—This Correction Notice is forwarded to the campus by the SSA in duplicate. Photocopies of a Form SS–4 (SSAs copy) and a Form SS–12AT are superimposed on the Correction Notice. The Form SS–12AT reflects the name, address and EIN that was reported to SSA by IRS on magnetic tape.

    2. Use the following procedures when examination and research of this type of correspondence reflects that the same EIN has been assigned to two different taxpayers:

      If... And... Then...
      a. Search to determine the Taxpayer Information File, NAMEE, BMFOL, INOLE and other files as applicable, If it is determined that a return was processed under an incorrect EIN, Initiate action using a Form 3465 to reprocess the return under the correct EIN. Annotate the action taken on the Correction Notice, .
      b. It is necessary to assign a new EIN to replace the erroneously assigned EIN (CC ESIGN), NIC'D' is used when assigning the EIN, Notify the taxpayer of the reason for assigning a new EIN via 147C.

  4. EIN Not Within Established Series, take the following steps:

    If... Then...
    a. The discrepancy is identified as an EIN not within an established series, Research to determine what number was actually assigned to the entity.
    b. There is a transcription error that resulted in an erroneous EIN being established on the BMF, 1. Input (TC 011) to resequence the account to the correct EIN as reflected on the Form SS–4.
    2. A CP 209 will be generated unless suppressed with paragraph select code "Z." .
    3. Inform SSA of the correction.

3.13.2.11.1  (01-01-2012)
SSA List 4479, Unidentified Employer Identification Numbers (CAWR)

  1. Under Combined Annual Wage Reporting (CAWR), SSA processes Forms W–3. When SSA receives a Form W-3 without an EIN, research is performed to obtain the EIN.

  2. When this effort is not successful, SSA will request the IRS to research the files and either provide the EIN on the file or assign an EIN." SSA List 4479" is submitted to request this information.

  3. The Entity department will receive the requests and perform the research.

  4. SSA Lists 4479 are to be processed and completed within 30 calendar days of receipt in Entity.

    Note:

    Annotate the audit trail in blue or black ink for copies that may be faxed.

    1. Research IDRS to ensure that the employer has not been assigned an EIN, and process as follows:

      If... And... Then...
      a. An EIN is found,   Enter the EIN in the appropriate box on the SSA List 4479.
      b. An EIN is found for a taxpayer and it appears there is a typographical error on the SSA List 4479,   Correct the typo.
      c. No EIN can be located, If is determined that an EIN is to be assigned 1. Follow standard Form SS–4 assignment procedures, see IRM 21.7.13..
      2. Suppress the CP 575 and send Letter 147C. Currently, there are several paragraphs in the 147C with the appropriate language.
      d. "FICA" data or "Income Tax" data is present,   Assign an EIN. See IRM 21.7.13.
      e. "Total Compensation," Or "Annuities" are the only data present. Do not assign an EIN

  5. Establish the filing requirements based on the following:

    • Agricultural Filer—Form 943 FR.

    • Government Filer—Form 941 FR, Employment Code G.

    • Railroad Filer—Form CT–1 FR.

    • Any other type of combination—Form 941 FR.

    • Forward completed SSA Lists 4479 to the originating Data Operating Center (DOC) as indicated on the top of the form.

  6. Take the following action:

    If... Then...
    a. An EIN is to be assigned. Enter the assigned number in the appropriate box on the SSA List 4479.
    b. No EIN is to be assigned. Notate "None" in the appropriate EIN box on the SSA List 4479.

3.13.2.11.2  (01-01-2012)
SSA Requests For Verification of FICA Liability

  1. The Social Security Administration (SSA) at times will request verification of an exempt organization's status in regard to FICA coverage for their employees for tax years prior to 1–1–84.

  2. SSA will request this verification in a memo format. You will include the name and EIN of the subject organization and the periods in question along with a designated address in your response.

3.13.2.12  (01-01-2012)
Forms W-3 received from Social Security Administration (SSA)

  1. Perform IDRS research via CCs NAMEB and NAMEE, on taxpayer’s name. Research any Employer Identification Numbers (EIN’s) found using CC’s ENMOD, INOLE, and BMFOL.

  2. Review Form W-3 and/or correspondence for an EIN:

    • If EIN is present, perform IDRS research using all available CC’s. Compare this data to the data found via CC’s NAMEB, NAMEI, NAMEE.

    • If EIN is not present, you must rely on the research performed via CC’s NAMEB and NAMEE.

  3. Review Form W-3 and/or correspondence for message from taxpayer. Does the correspondence contain Entity criteria?

    • If "yes," continue with IDRS research as prescribed above and resolve taxpayer’s entity issue while resolving any EIN issues.

    • If "no," forward to proper area for resolution of non-Entity issue.

  4. Research to see if the taxpayer was assigned two EINs in error, if two EINs are found, a TC 011 will be input to ensure the taxpayer’s account is accurate. Prepare required consolidation documentation.

  5. If the Form W-3 and/or correspondence indicates the taxpayer is no longer in business or does not have employees, take the following actions as needed to ensure taxpayer’s account is accurate:

    If ... Then ...
    The taxpayer has filed a "final" return for the last period of liability or the last period of liability is satisfied (by a TC 150 or TC 590) but the FRC is still on the EIN.
    • Input TC’s 591-20 for the first module(s) the taxpayer would no longer be liable.

    • Mark an "X" through the Form W-3 and/or correspondence per local procedures.

    The taxpayer has filed "final" return for the last period of liability or the last period of liability is satisfied (by a TC 150 or TC 590) and there are not any FRC’s on the EIN.
    • Take no action

    • Mark an "X" through the Form W-3 and/or correspondence per local procedures.

    The taxpayer has not filed "final" return for the last period of liability, or you are unsure of the last period of liability, send 696C to the taxpayer asking for" final " returns. The 696C will include the following: "We received information from the Social Security Administration (SSA) indicating you no longer have employees or are no longer in business. So that we can remove your name from our mailing list for Form(s) XXXXXXXXXXX, please file the last return(s) for your employees. Show the last date wages were paid and mark each return 'Final'. "
    • Mark an "X" through the Form W-3 and/or correspondence per local procedures.

  6. Undeliverables – If the Form W-3 was undeliverable, perform research as prescribed above to ensure the taxpayer has only one EIN. Use CCs FINDE, FINDS, and IRPTR to locate a better address for the taxpayer. If a good address is found, correspond with the taxpayer informing him to submit a completed Form 8822. Input TCs 593–82 on all open FRCs. Prepare W-3 and attachments for destruction per local procedures.

  7. If the account has an EO Status refer case to Ogden Submission Processing Campus, Attn: Entity EO Team.

3.13.2.13  (01-01-2012)
Multiple EIN

  1. Multiple EINs are usually discovered through research within the campus or through taxpayer correspondence.

  2. All consolidation requests will be sent to Entity. These cases will be completed within 30 calendar days from the Entity Received date.

    Exception:

    Priority will be given to Collection consolidations involving balance due accounts. They will be processed within 10 days of receipt in Entity. The proper research will be attached to these requests or the case will be rejected back to the originator.

  3. A consolidation request from any other area should have all research attached. Process as follows:

    If... Then...
    There are any doubts whether the consolidation should be done, Return to the originator.
    The proper research is not attached, Return to the originator.
    There is any consolidation request that may have an EPMF (Forms 5500, 5500-SF, 5500–EZ) implication or needs a consolidation on the EPMF account,
    A copy of the complete consolidation request will be forwarded with an explanation to the Ogden Campus ATTN: EPMF Entity Control Mail Stop 6273. Monitor the case for action. If none taken within 60 days, call Ogden EP Entity to resolve the case.
  4. Because failed consolidation attempts are a time-consuming process to correct, it is imperative to verify that the taxpayers are the same and to recognize account module and entity conditions that would prevent a successful consolidation.

  5. Entity Control will maintain source documents related to EIN Consolidations. The current year and one prior year will be maintained in Entity. Dispose of the documentation using proper security guidelines.

3.13.2.13.1  (01-01-2012)
Consolidating Accounts

  1. ) Both the "To" and the "From" numbers will be researched using CCs INOLE, ENMOD, and BMFOL. Ensure that both accounts are for the same entity.

    Note:

    Due to the potential impact of merging accounts, all consolidations will be approved by a Lead Tax Examiner prior to the input of the TC 011.

  2. When the entity of the consolidation action is a financial institution, do not attempt to consolidate the account of the EIN assigned from the six million series. Financial institutions reporting withholding from pension trust under their control, requesting an EIN solely for use in reporting this tax, have been assigned a second EIN. This EIN will be assigned from the six million series for ease in identifying its purpose. The name of the financial institution will also show a sort name line—Account under TEFRA.

  3. Prior to consolidating the EINs, research to ensure:

    1. The name controls on both EINs are the same.

    2. The filing requirement codes are compatible. See the chart in IRM 3.13.2.13.1 (5). If one EIN has an 1120-01 FRC and the other EIN has an 1120-02, delete the 1120-01 FRC. Despite the fact that a consolidation will "take" if both EINs have a TC 090, one of the TCs 090 must be reversed to ensure the surviving EIN does not have two TCs 090. Input a TC 092 on the EIN with the latest effective date and delete what will become an 1120-01 FRC.

    3. If the filing requirements are not compatible, complete research must be done to determine the correct FRCs. If research indicates Form 944 is correct, delete the 941 FRC on both EINs. If research indicates Form 941 is correct, contact Accounts Management via phone to delete the FRC for Form 944 on both EINs. If both Form 941 and Form 944 FRCs are present and you cannot determine the correct FRC, remove the filing requirement for Form 941 before consolidating.

    4. Input the necessary transactions to correct the name control and filing requirements as needed to ensure that the TC 011 will post. Update the primary and sort names of the "to" account to the current information.

    5. A Sole Proprietor SSN and an annual FRC (MFTs 02,05,06, etc.) are not compatible. Both EINs must be updated to ensure an unpostable does not generate when the TC 011 attempts to post. If needed, delete the Sole Proprietor SSN by Entering 000-00-0001.

  4. Once it has been determined that a taxpayer has been assigned more than one EIN, and no previous action has been taken, initiate the following action:

    1. Using CC BRCHG, input TC 011 (See Figure 3.13.2-30). This generated transaction code will change the EIN of an account already on Master File, or it will consolidate two EINs. No other entity change can be made with this transaction code. The TC 011 will always "wait" for any other input transaction to post before it attempts to post. It will re-sequence to the next cycle.

    2. Retain the EIN preferred by the taxpayer. If no preference is indicated, retain the EIN with a Form 941 filing requirement.

    3. If both EINs have Form 941 filing requirements, retain the oldest EIN.

    4. If one EIN is not on the BMF, and the BMF EIN is still active, retain the BMF EIN.

    5. If the BMF EIN is not active, retain the EIN that has a filing requirement, regardless of the Master File.

    6. If neither EIN is active, retain the lower EIN.

    7. CP 209 will be generated to the taxpayer upon completion of the consolidation.

    8. If duplicate tax modules are present, input TC 011 and send Letter 139C to the "To" account. Duplicate modules will cause a NO MERGE transcript to generate in Accounts Management and will suppress CP 209. Do not send the case to AM requesting the duplicate modules be corrected. Duplicate modules of MFT 88 will not stop a consolidation, therefore, a 139C will not be sent.

    9. CC BRCHG will allow for notice suppression. Paragraph select code "Z" will suppress CP 209 from being generated.

      Note:

      If the "To" EIN has fallen off of Master File, it is not necessary to input a TC 000 before you consolidate the taxpayer's EINs. However, the "from" EIN must be on Master File before it can be consolidated.

    .

    Figure 3.13.2-30

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

  5. When posting Transaction Code 011 to the Master File, the following occurs:

    1. The complete BMF account data is extracted from the Master File and placed on the Re-sequence File with the new EIN. This re-sequence record is given computer generated TC 001 for posting in the next processing cycle.

    2. The entity section of the account remains on the Master File under the old number, with the new number as a cross reference.

    3. The filing requirements are not changed. However, the account is frozen so that it will only accept computer generated Transaction Codes 002, 003, or 026.

    4. If the BMF Account contained a tax module in Taxpayer Delinquent Account (TDA) Status or Taxpayer Delinquent Investigation (TDI) Status, a Campus Notice, CP 187, "TDA Taxpayer Entity Change" will be issued. This will cause a NO MERGE transcript to generate in Accounts Management.

    Filing Requirement Incompatible Filing Requirements
    1120 990-T (FRC=1 unless 1120 FRC=03, 04, 09
    990-T (FRC=2), 1041-A, 5227, 1066
    990-PF (FRC=1 unless EO status is 19 or 22)
    990 (FRC=03 or 07) 990 (FRC=04, 06, 13 unless 1120 FRC=09)
    990 (FRC=01 or 02 unless 1120 FRC=03, 04, or 09) 1041, 1065, 4720, 706GS(T), 1066, 5227, 1041-A, 8752 (unless 1120 FRC=02)
    1041 990-T, 990 (FRC=03 thru 07, 13) 990-PF (unless EO Subsection is 92) 1120, 1066, 8752, 1065, 5227 (FRC=01)
    1065 990-T, 1041-A, 5227, 990-PF, 4720, 990, 1120, 1066, 1041, 706GS(T)
    1066 990-T, 1041-A, 5227, 990-PF, 4720, 990, 1120, 1065, 1041, 706GS(T), 8752
    8752 1041, 1066 , 990-T, 1041-A, 5227, 990-PF, 4720, 990, 706GS(T), 1120 (unless FRC=02)
    990-T 1041, 1065, 8752 , 1041-A, 5227, 706GS(T), 1120 (FRC=01, 02, 06, 07, 10, 11, 14, 15, 16, 17, 18, 19) 990 (FRC=03)
    5227 1120, 1065, 1066, 8752 , 990-T, 990-PF. 990, 1041, 706GS(T) (unless EO subsection is 90 and 5227 FRC=2)
    990-PF 1065, 1066, 8752, 1041-A, 5227, 1120 (unless EO status 10 or 22), 990, 1041, 706GS(T), (unless EO subsection is 92)
    4720 1065, 1066, 8752, 990 (FRC=03), 1120 (FRC=02, 06, 07, 10, 11)
    990 1065, 1066, 8752, 1041-A, 5227, 990-PF, 1120 (FRC=02, 06, 07, 10, 11, 14, 15, 16, 17, 18, 19) 1041, 706GS(T) (unless EO subsection is 91), 1120 (FRC=01 unless 990 FRC=01/02 and EO subsection is 12)
    706GS(T) 8752, 1066, 990-T, 990 (unless EO subsection is 91), 990-PF, (unless EO subsection is 95), 1120 (unless 1120 FRC=09), 1065
    941 941-M, 941-NMI, 941-SS, 941-PR, 944
    1120-C 1065, 1066, 8752, 1041-A, 5227, 990-PF, 1120, 1041,

  6. Transaction Code 001 is generated as a result of TC 011. A TC 001 accomplishes a consolidation of accounts or a resequence of an account to a new EIN. If the "TO" EIN does not match a number on the BMF, the TC 001 establishes the account in the vacant slot under the new EIN. If the "TO" EIN matches a number on the BMF, a consolidation of accounts takes place unless either account contains an unreversable TC 914, or the "TO" account is INACTIVE, or the Name Controls do not match.

  7. If conditions for consolidating accounts are present, the entire "TO" account's data is placed on the Resequence File with a 005 Transaction Code together with the 001 Transaction Code. A memo type entity is retained in the vacated BMF slot, to reserve the slot for the consolidated account. The 005 and 001 entities are consolidated and the consolidated entity is resequenced to the Master File with a 006 Transaction Code. The tax modules for both accounts are consolidated unless the following conditions are present:

    1. Both accounts are in TDA status with unequal TDA Controlling Location Codes.

    2. Tax modules have equal MFT and Tax period and either or both contain an unreversed TC 400 Vestigial Record, or both contain a posted return (TC 150).

  8. When a consolidation fails, one of the following will be issued:

    1. For unreversed TC 914, complete transcripts identified as INTEL–914 will be issued for both accounts.

    2. For an inactive "TO" account, a CP 200 "EIN CHANGE—INACTIVE ACCOUNT" will be issued. See IRM 3.13.2.19.1 for resolution of this notice.

    3. For Name Control Mismatch, a CP 201 "EIN CHANGE NAME CONTROL MISMATCH" will be issued. See IRM 3.13.2.19 for resolution of this notice.

    4. For Filing Requirement Mismatch a CP 202 "EIN CHANGE—FILING REQUIREMENTS MISMATCH" will be issued. See IRM 3.13.2.19 for resolution of this notice.

  9. For tax module consolidation fail conditions the following will be issued:

    1. For unequal TDA Location Codes, a CP 206 "NOTICE OF NO MERGE–TDA MODULE" will be issued. This notice is processed by the Collection Operation.

    2. For duplicate tax modules a "TRANSCRIPT OF NO MERGE–MODULE" will be issued.

    3. If more than one TC 001 attempts to post, the first TC 001 will post and remaining 001 transaction will re-sequence to post in the following cycle(s).

  10. Transactions are generated (TC 002, 003, 005, 006, and 026) for Consolidation of Accounts. See KEY TO CONSOLIDATION TRANSACTION CODES Table below.

    1. Transaction Code 002: When the TC 001 matches an EIN and incompatible FRCs are present, the 001 Transaction Code is resequenced back to its old EIN with an 002 Transaction Code and reestablishes the entire old account.

    2. For SSN accounts, when an account consolidation fails, the SSN of the account that is resequencing is validated. If the validity status of this account is the reverse of the current DM–1 validity status, REVAL transcripts will be issued.

    3. If NOMRG transcript would be issued, the first five letters of the transcript title will be changed from NOMRG to REVAL.

    4. If a NOMRG transcript would not be issued, a regular REVAL transcript will be issued. For resolution action, see IRM 3.13.2.19.1.

    5. Transaction Code 003: When duplicate modules are present the respective tax modules are not consolidated. The 001 Transaction tax module(s) is resequenced to its old EIN with a 003 Transaction Code. Upon posting, the filing requirements for the account are changed to INACTIVE (all 8s).

    6. Transaction Code 005: Generate when an 001 Transaction matches the Master File Account on EIN, and the consolidation provisions are NOT present. The entire Master Account is placed on the resequence file with a 005 Transaction. A memo type entity remains on the BMF to reserve the slot for the to-be-consolidated account.

    7. Transaction Code 006: When the consolidation of entity and tax module(s) is complete, the module(s) are resequenced to the Master File with a 006 Transaction Code.

    8. If a consolidation was done in error and a TC 003 is shown on the account, you must input a TC 012 to reopen the account. If a TC 026 is shown on the account, you must input a TC 000 to re-establish the taxpayer's account.

      KEY TO CONSOLIDATION TRANSACTION CODES
      TC 001 Carries complete account of the old (FROM) TIN to the new TIN. Generates as a result of TC 011
      TC 002 Post on the old (FROM) TIN. Carries complete contents of TC 001 carrier back to the (FROM) TIN if name controls mismatch. Reestablishes entire old account
      TC 003 Post on the old (FROM) TIN and contain a cross-reference TIN. Carries the duplicate tax module only to the old (FROM) TIN and Changes all filing requirements to INACTIVE (8s).
      TC 004 IDRS transaction only. Shows on good (TO) TIN indicating duplicate module condition in attempted consolidation.
      TC 005 Posts on the new (To) TIN as a TC 005/006 combination if consolidation is successful. Indicates a cross-reference TIN.
      TC 006 Posts on good (TO) TIN without the TC 005 if consolidation attempt is unsuccessful.
      TC 008 IDRS transaction only. Posts on the good (TO) TIN indicating a complete consolidation has been made. Contains a cross-reference TIN.
      TC 011 Posts to the old (FROM) TIN to change EIN of an account on MF and prevents other postings except TCs 002, 003, or 026.
      TC 026 Posts on the old (FROM) TIN to indicate a successful consolidation. Account deleted. TIN changed.
      RELATED TRANSACTION CODES
      TC 012 Reopens accounts on MF - ACTIVE
      TC 020 Account deleted from MF - INACTIVE


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