- 5.19.1.4 Balance Due Special Considerations
- 5.19.1.5 Methods of Payment
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Determine if a TC 130 should be input; for guidelines see IRM 5.19.10.3 .
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Refer to IRM 5.19.18 Federal Employee/Retiree Delinquency Initiative (FERDI), for instruction to process FERDI balance due cases.
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Employees may discover a taxpayer is currently incarcerated. Taxpayers in this situation are afforded the same rights as other taxpayers; processing these accounts is also the same. For example:
If ... Then ... A balance due account Determine the potential for collection including, but not limited to: -
Full pay
-
Installment Agreement
-
Currently not collectible
A joint liability or a partnership -
Check CC INOLES and ENMOD to identify cross-referenced TINs
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If applicable, determine the spouse’s or other partners’ ability to pay. IRM 5.19.1.5 IRM 5.19.1.6
Assets are available Consider issuing a levy The aggregate unpaid balance of assessment (CC SUMRY) is less than ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
and
All collection actions are exhaustedFor CNC procedures: IRM 5.19.1.4.7, Tolerance Cases The aggregate unpaid balance of assessment(CC SUMRY) is or exceeds ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
and
All collection actions are exhaustedReassign the case to the RWMS queue, or the field, as appropriate -
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When securing information from third parties, remember to secure as much information as possible including:
-
The place of incarceration
-
Date of release
-
Location of assets
Example:
Is the third party renting the taxpayer’s residence?
-
Addresses
-
Telephone numbers of spouses for joint accounts, of partners, or partnerships
-
-
Do not transfer cases to the call site or campus in whose jurisdiction the taxpayer is incarcerated unless the taxpayer has assets there.
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Take the following actions if the taxpayer indicates they are affected by a disaster or an emergency:
Example:
Earthquake, flood, hurricane, fire, etc.
-
Determine if the Service granted only relief because of the disaster; a list of IRS assistance determinations by year is available at the IRS Disaster Assistance Program web site
-
Enter the pertinent information on IDRS as a history item using CC TXMOD
Example:
Earthquake, flood, etc.
-
Discontinue all collection activity
-
Follow any local procedures in place for the specific disaster or emergency
-
Dispose of documents per local procedures and return any original documents to the taxpayer using Form 3699
-
Prepare Form 911 if the taxpayer meets TAS criteria and you cannot resolve the case within the "same day" . See IRM 5.19.1.2 (9) for definition of "same day" . See IRM 13.7.7 , TAS Case Criteria for an explanation of what cases meet TAS criteria. See also IRM 21.1.3.18 , Taxpayer Advocate Service (TAS) Guidelines.
Note:
See IRM 25.16.1, Disaster Assistance, for further explanations of actions required.
-
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Taxpayers may receive special tax relief and benefits under certain circumstances due to military service. If the taxpayer is a member of the Armed Forces (not in a combat zone), they may qualify to defer (delay) payment of income tax due before or during their military service; to qualify, they must:
-
Be performing military service
-
Notify the Internal Revenue Service their ability to pay the income tax is materially affected by their military service
-
-
The service member is then allowed up to 180 days, after termination or release from military service, to pay the tax. If they pay the tax in full by the end of the deferral period, they are not charged interest or penalty for that period.
Note:
This does not apply to the service member’s share of social security and Medicare taxes they may owe; for additional information see Publication 3.
-
The collection of any income tax due from any person in the military service may be deferred (delayed) under the provisions of the Service members Civil Relief Act (SCRA), Section 510. The service member must meet the following criteria to qualify for military deferment:
-
The taxpayer must be materially affected because of their military status
-
The taxpayer must make a WRITTEN request to the IRS office either making demand for payment or to the office with which the taxpayer has a payment agreement in effect.
-
The taxpayer must include, in the request, the following information:
Name
SSN
Monthly income and source of income before military service
Current monthly income
Military rank
Date entered into military service
Date they are eligible for dischargeNote:
Inform the taxpayer, if they submit a copy of their orders, it is also helpful.
-
-
Inform the taxpayer all returns must be filed to qualify for Military Deferment.
-
Definitions of the terms used in processing Military Deferment cases are:
Term Definition Military Deferment "A delay in the collection of income tax due in addition to penalty and interest accruals during, and up to, 180 days after termination or release from military service." Military Service "The period beginning on the date on which the taxpayer enters military service and ending on the date on which they are released from military service, or die while in military service. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense for a period or more than 30 consecutive days under Title 32, U. S. C. 502(f) for purposes of responding to a national emergency declared by the President and supported by federal funds." Materially Affected "If the taxpayer’s current monthly income (military income) is less than the monthly income immediately prior to active duty, their ability to pay the balance due has been materially affected by reason of active military status." Accrual of Interest or Penalty "No interest or penalty shall accrue for the period of deferment by reason of nonpayment on any amount of tax deferred. See § 510 of the Servicemember’s Civil Relief Act (SCRA)." Statute of Limitations "The running of a statute of limitations against the collection of tax deferred under § 510 of the SCRA, by seizure or otherwise, shall be suspended for the period of military service of the servicemember and for an additional 270 days thereafter." Example:
Although normal balance due procedures resume after the military deferment period, plus 180 days, no enforcement actions can be taken on the account until 90 days after the 180 days.
Maximum rate of interest "Section 207 of the "Servicemembers" Civil Relief Act limits the maximum interest rate the taxpayer can be charged to 6% per year for obligations or liabilities incurred before their entry into military service. The reduced rate applies only if the service materially affects the taxpayer’s ability to pay. This rate applies only to that interest charged during the period of the taxpayer’s military service. " Note:
The service member is charged the lesser of the current rate not to exceed the maximum of 6% stated by law. To substantiate the claim for reduced interest rate, the service member (taxpayer) must furnish the IRS a copy of their orders or reporting instructions detailing the call to military service. They must do so no later than 180 days after the date of their termination or release from military service.
-
Review taxpayer correspondence for the following information:
-
A copy of orders or reporting instructions
-
Prior and current income (current military income is less than earned income immediately prior to their military status); check CC RTVUE for AGI
-
Check CC IMFOLI ensuring all due returns are filed
-
-
Take the following actions if the taxpayer meets the requirements for military deferment as outlined above:
-
Generate Acceptance Letter 289C, Approval of Military Deferment; this letter explains the terms of the deferment
-
Input TC 500 CC 50 using CC FRM77 on each module with a balance due; input of TC 500 CC 50 requires the CSED Indicator present, identifying which taxpayer is entitled to the military deferment
Note:
The values for this field are:
"P" = Primary taxpayer;
"S" = Secondary taxpayer;
" B" = Both taxpayers -
Forward the incoming correspondence, a copy of Letter 289C, and a CC TXMOD print reflecting the updated status "44" via Form 3210 to the following address:
Centralized Case Processing Operations – Field Operations Resource Team (FORT)
11601 Roosevelt Blvd., Drop Point N807,
Philadelphia, PA 19154.
-
-
The FORT will monitor all Military Deferment accounts until the deferment period expires (military deferment begin date to release/discharge date plus 180 days).
-
If the initial request for military deferment does not include sufficient information to grant a military deferment:
-
Send Letter 1175C, Collection Postponed During Period of Active Military Service, including a return envelope, to the taxpayer or authorized Power-of-Attorney
-
Suspend the case for 60 days using CC STAUP to the next normal status for 09 cycles
-
Input history item "MILDEFER" using CC TXMOD for affected tax periods
-
-
If the response contains sufficient information to grant the deferment, follow related instructions. IRM 5.19.1.4.9.1(2)
-
Resume normal collection activity if no response is received within 60 days.
-
Prepare Denial Letter 3079C, Denial For Military Deferment, for signature of Chief, Collection Operations.
-
Resume normal collection activity.
-
Follow the instructions for determining if the taxpayer meets the criteria for military deferment for cases in Status 60, 61, 63 and 64. IRM 5.19.1.4.9, Military Deferment.
-
Treat the installment agreement account as a request for military deferment when the taxpayer asks for a reduced payment amount due to material impairment resulting from active military service; use the chart below in such circumstances:
If the taxpayer ... Then ... Meets the criteria for military deferment Process the account to defer the balance due. IRM 5.19.1.4.9.1, Military Deferment Balance Due Procedures Meets the criteria for military deferment and wishes to continue making installment payments -
Advise the taxpayer voluntary payments can still be made; however, the account is being deferred until their military status is terminated
-
Inform the taxpayer, if the tax liability is paid in full by the end of the deferral period, they are not charged interest or penalty for that period
-
Process the account to defer the balance due. IRM 5.19.1.4.9.1, Military Deferment Balance Due Procedures
Does NOT MEET the criteria for military deferment -
Leave the account in Status 60, 61, 63 or 64
-
Follow procedures for denial of military deferment. IRM 5.19.1.4.9.3
Does not provide sufficient information to determine their qualifications for military deferment -
Leave the account in Status 60, 61, 63, or 64
-
Follow procedures to obtain the missing information. IRM 5.19.1.4.9.3, Denial of Military Deferment
-
-
A balance due account may be issued although the taxpayer timely filed a Tax Court petition. These are generally erroneous assessments; however, some assessments are correct and collection should be pursued. Most others are premature and should be abated. Do not take collection action without verification with Appeals.
Caution:
Appeals is responsible for abating the premature assessment, if appropriate.
Note:
For any necessary manual lien release:
See IRM 5.12.3.2.1 (5)
Employees of functions with access to the Automated Lien System (ALS) input lien release requests in these situations. For functions not having access to ALS, determine the Centralized Lien Unit (CLU) lien release contact on the Intranet by going to:
IRWeb Home Page
SERP
Who/Where
ALS Units
Contacts
An internal use only telephone number is also provided with the contact information on the CLU web site. Ensure all email communications regarding liens are via secure email. -
If the taxpayer states the deficiency is still before the Tax Court for consideration, secure the following information:
-
Location of the court
-
Name of the taxpayer’s representative
-
Docket number
-
Tax year(s) involved
-
TIN
Note:
If the taxpayer states they do not have any of the information requested in paragraph (2) above, advise the taxpayer to call back when it is acquired.
-
-
If the case is in Notice Status, complete Form 4442, Inquiry Referral, and mail to the appropriate Appeals Office via Form 3210, Document Transmittal.
-
If the case is in Status 22 (ACS), enter the information secured in paragraph (2) into comments and reassign the case to R4.
-
The employee working R4 inventory calls the responsible Appeals office and determines if the assessment was made prematurely.
-
The R4 employee processes the account based on the Appeals reply.
Caution:
Collection is prohibited on any proposed deficiency before the Tax Court.
-
The Accounts Management Technical Unit at the Andover Campus is responsible for taking necessary action on KITA, KIA and Astronauts Killed in the Line of Duty cases. Processing and Accounting Operations inform the Technical Unit manager or appointed person of all cases in collection status.
Note:
For Notice TDA or TDI see IRM 21.6.6.3.21.2.2
-
The literal "KITA" appears on CC ENMOD, SUMRY, TXMOD or TDINQ causing an entity freeze and preventing issuance of enforcement-related notices.
-
Take special care in working these sensitive cases. The Technical Unit manager or appointed person is responsible for all taxpayer contact, such as survivors, for these cases.
-
Discontinue all collection activity.
-
ACS access only:, take the following actions:
-
Enter any pertinent information on ACS in the comments field
-
Enter History Code "TOa0,01..." , "KITA" , "KIA" , or "AKLD" , where "a" = the appropriate manager's inventory
-
-
Route all correspondence to the Accounts Management Technical Unit manager or appointed person at the Andover Campus, Stop 661 on Form 3499, Informational Transmittal, using Form 3210.
-
The U S State Department periodically provides IRS with a list of persons who have been identified as Hostages taken in a terrorist act.. The State Department also advises that IRS suspend collection activity when a hostage situation exists.
-
State Department lists of Hostages are sent or routed to Atlanta CSCO, who will analyze and research to determine if there are any open Bal Due or Del Ret cases on the names provided.
-
If a taxpayer is identified as a Hostage from the list, CSCO will MFREQ/ENMOD the account and input INCHG in the Killed in Terrorist Action (KITA) Indicator field with an indicator of "2" .
-
If a subsequent list from the State Department no longer includes the taxpayer, CSCO will input an indicator of "9" after the KITA> on INCHG.
-
When a module has been coded to indicate a taxpayer is a Hostage the literal "HSTG" displays on CC ENMOD, SUMRY, TXMOD or TDINQ. This causes an entity freeze preventing issuance of enforcement-related notices, TDA, and TDI. Such a case will leave open inventory when the freeze has been input.
-
If you have an open case assignment where the literal "HSTG" appears:
-
Take no further action on the case
-
Route any correspondence received to Atlanta CSCO
-
-
If you receive indication on an open case that a taxpayer is currently held as a Hostage but there is no HSTG literal, advise Atlanta CSCO that you have received this correspondence
-
Some balance due cases may have CID indicators; for procedures see IRM 5.19.1.2.5 (2), For CSCO Employees .
-
A limited liability company (LLC) is an entity created under state law that has characteristics of both a partnership and a corporation. It is similar to:
-
A corporation in that the owners have limited personal liability for negligent acts and LLC debts.
-
A partnership in that it provides management flexibility and may provide the benefit of pass-through taxation of income.
-
-
The following are some of the characteristics of an LLC:
-
Owners are called members.
-
There are no restrictions on ownership.
-
There are no restrictions on the number of members.
-
Single member LLCs are permitted.
-
-
A member/owner is a person with an ownership interest in the LLC. The term "person" includes legal entities. Thus, a member/owner may be:
-
an individual
-
a corporation
-
a partnership
-
an association
-
an estate
-
a trust
-
another LLC
Example:
An LLC with one owner is a single member entity.
Example:
An LLC with more than one owner is a multi-member entity.
-
-
Treatment of the LLC entity for federal taxes is governed by the provisions of Treasury Regulation 301.7701-2 and 3. Liability for income, employment, and excise taxation is determined by the manner in which the entity is classified under the applicable regulations. To properly address various collection questions, you must first understand how an LLC is classified. Also see Notice 99-6 and IRM 5.1.21.5.1.
Note:
Final regulations changing the treatment of certain LLCs for employment and excise tax liabilities were issued on August 16, 2007. The changes are not retroactive; they do not change the tax treatment of employment and excise taxes that accrue prior to their effective dates. The applicability of these regulations must be considered when determining liability for employment and excise taxes incurred both before and after the effective dates of these regulations. See IRM 5.1.21.7.3.
-
For wages paid prior to January 1, 2009, a single member LLC, classified as a disregarded entity, was permitted to satisfy its employment tax obligations with respect to employees performing services for the entity in one of two ways: (1) calculation, filing and payment of all employment taxes under the owner’s name and EIN, or (2) separate calculation, filing and payment of all employment taxes under the LLC’s name and EIN (Notice 99-6, 1999-3 I.R.B).
-
For wages paid on or after January 1, 2009, a single member LLC, classified as a disregarded entity, no longer has the two options set forth in Notice 99-6 satisfying employment tax obligations. A single member LLC, classified as a disregarded entity, will no longer be treated as a disregarded entity, for employment tax purposes, and is liable for employment taxes on wages paid to employees of the LLC.
Note:
As a result of Regulations changes, the LLC itself will be the liable taxpayer for employment tax periods beginning on or after January 1, 2009, regardless of the LLC’s classification for federal income tax purposes.
-
-
Useful information regarding the ownership and classification of an LLC may be obtained by accessing various Integrated Data Retrieval System (IDRS) command codes. For example:
-
IDRS command code ENMOD may include a name line indicating membership.
-
IDRS command code BMFOLE may reveal the name of owner(s), filing requirements, and will confirm any elections made, including effective date and classification elected.
-
-
On IDRS, CC BMFOLE may contain the following transaction codes with regard to whether or not the LLC has made an election:
-
A TC 076 indicates the date the Form 8832, Entity Classification Election, was accepted by the campus, the effective date of the election, and the classification elected. The alphabetic indicators "a " through" f " showing after PARA-CD, corresponds to the box checked on the Form 8832. The alphabetic indicator "z " will appear if the Form 2553 is filed per IRM 5.1.21.3.1(4).
-
A TC 090 indicates the acceptance of Form 2553, Election by a Small Business Corporation, and includes the effective date of the election and the fiscal year month for the entity. If only the Form 2553 is filed per IRM 5.1.21.3.1(4), both the TC 076 and TC 090 will appear on the entity.
-
-
Pre- January 2009 tax modules mayl display TC971 action codes, 364, 365, and 366, which are input on the tax modules when the identity of the liable taxpayer has been determined liable taxpayer.
TC AC Explanation 971 364 LLC is the liable taxpayer for this tax period 971 365 Single member/owner is the liable taxpayer for this tax period 971 366 Liable taxpayer changed during this tax period -
Because the classification may change without any indication in the record of assessment, the LLC presents challenges to collection employees. The IRM 5.1.21 discusses a number of investigative techniques to allow employees to make a collection determination.
-
Installment Agreements are arrangements between the taxpayer and the Internal Revenue Service which allows taxpayers to pay their liabilities over time. See below for Campus Compliance Service (CSCO, ACS, Field ACS and Accounts Management) employees dollar authority levels and duration of the installment agreements. During the course of agreements, penalties and interest continue to accrue. Generally, no levies may be served during installment agreements.
Type of Installment Agreement Duration of Agreement Dollar Criteria BOD/Function Guaranteed IMF OnlyIRM 5.19.1.5.5(8) 36 months (will full pay within CSED) $10,000 and less (CC SUMRY) All Streamline IMF & BMF Out of Business Sole ProprietorsIRM 5.19.1.5.5(9) 60 months (will full pay within the CSED) $25,000 and below (CC SUMRY) All In-Business Trust Fund BMF OnlyIRM 5.19.1.5.5.1 earlier of 24 months or before CSED $10,000 and less (Plus Accurals) SB/SE In-Business No-Trust Fund and U.S. Corporation Income TaxIRM 5.19.1.5.5.2 60 months less than $25,000 SB/SE Non-Streamline IMF & Out of Business Sole ProprietorsIRM 5.19.1.5.5(10) Will pay within the CSED Under $100,000 All Non-Streamline IMF & Out of Business Sole ProprietorsIRM 5.19.1.5.5.4 Will pay within the CSED ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Large Dollar Teams Partial Pay IMF & Out of Business Sole ProprietorsIRM 5.19.1.5.5(11) Will not full pay within the CSED Under $100,000 All Partial Pay IMF & Out of Business Sole ProprietorsIRM 5.19.1.5.5.4 Will not full pay within the CSED ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Large Dollar Teams -
The taxpayer may indicate through discussion on the phone or by writing they either can't pay, won't pay or will pay later the balance of tax they owe. It is to the taxpayer's advantage to pay the balance of tax due as soon as possible to reduce the amount of penalty and interest charged. Explain to the taxpayer the benefits of paying as soon as possible.
Example:
Interest and penalty continues to be charged on the unpaid balance of tax until it is paid in full. Interest on a loan or credit card payments may be less than the combined penalty and interest charges imposed by the Internal Revenue Code.
-
If the taxpayer refuses to pay IRM 5.19.1.5.1, Taxpayer Refuses to Pay.
-
If the taxpayer indicates they cannot pay, consider if they meet Currently Not Collectible (CNC) requirements or Offer In Compromise (OIC) requirements see IRM 5.19.1.7, Cannot Pay Balance Due - Currently Not Collectible, and Offer In Compromise.
-
If during FCC it is determined an IA cannot be granted because a return is due:
-
Advise the taxpayer what returns are required and give a firm deadline for filing.
-
Update AMS with the agreement made with the taxpayer about when the returns will be filed and what tax periods are included.
-
Encourage the taxpayer to make voluntary payments in the interim while securing required returns.
-
Financial information is not required while waiting for the taxpayer to file the required return(s).
-
-
As Collection Representatives your mission is to bring the taxpayer into compliance on past due accounts. The purpose of the tiered interview process is to determine the taxpayer’s maximum ability to full pay their tax liability in the shortest amount of time. To accomplish this, it is your job to utilize your interviewing skills (by controlling the conversation), effective listening techniques (by being sensitive to the taxpayer), and the IRM.
-
Effective interviewing and listening skills include:
-
Listening to the taxpayer
-
Using follow-up questions to gain all the information necessary to help you decide the best means for the taxpayer to pay the account in full.
-
Cushioning (softening) your questions and the facts you present to the taxpayer. There is no need to be gruff or unfeeling. You can empathize and still help bring the taxpayer into full compliance.
-
Responding to all of the taxpayer’s questions
-
Evaluating the situation carefully
-
-
Every first call from a taxpayer should begin by reminding the taxpayer of the outstanding balance(s). This should be followed with a reminder that it is to the taxpayer’s advantage to pay the amount due as soon as possible. Explain to the taxpayer the price of carrying the liability over a length of time. This could be very costly due to the daily compounding of penalties and interest. A user fee will be charged for the cost of establishing an installment agreement and a lien could be filed if the balance owed is greater than $25,000. As appropriate on subsequent calls, remind the taxpayer of the current balance due and the advantages of paying as soon as possible. Finally, the CR should offer to help the taxpayer realize the best way to accomplish this.
Note:
The Table of Interest Rates can be found in the IRM supplement. Consult your ADP 6209 to determine the type of penalty and the rate assessed.
Conversational Delinquent Account Example(s) "Our records indicate you have a balance due of $_____ for tax years _____, ______, ______. It is to your advantage to full pay this account as soon as possible to reduce the amount of penalties and interest charged. How can I help you resolve your account today?"
Combo Case (Delinquent Return and Delinquent Account
"Our records indicate that you have a balance due of $_____ for tax year _____; and, you are also delinquent in filing your _____ tax year return. How can I help you resolve both of these issues today?" -
As the CR proceeds in the interview with the taxpayer, it is important to discuss the accrued balance due and the benefit of paying the balance today or as soon as possible. If the taxpayer inquires about his/her payoff balance, use CC INTST or the pay-off calculator on AMS.
Conversational Example "I want to remind you that penalties and interest accrue daily on your unpaid balance. For example, if you owed a balance of $1,808.00 on your 2007 tax year account and you did not send in any payments for 30 days, the balance would increase by $341.19 due to the daily compounding of and interest." -
If the Taxpayer indicates during the call that he is not able to pay, is unemployed, or does not own properties, you should probe further to determine if the TP has other resources such as unemployment benefits and is willing to make a minimum payment.
Note:
See Exhibit 5.19.1.5-3, Tiered Interview - Strategies to Use when Responding to Taxpayer Calls. These strategies include:
Getting the taxpayer to think beyond his/her current financial situation;
Getting the taxpayer to understand the longer the account remains open, the more the total cost will continue to increase
Getting the taxpayer to consider alternate means to pay, outside of an IAConversational Example "Mr. Johnson, you already stated that you have been out of work for a few weeks now and are receiving unemployment benefits. Are you expecting to start a new job in the near future? Did you perhaps receive a severance settlement from your previous employer or residual income or other type of income that could be used to pay this balance down or off? Do you have any savings or assets that could be liquidated?" -
If, after using appropriate strategies, you still have not arrived at an acceptable resolution, consider additional options and determine which are best suited for the taxpayer and IRS, until the taxpayer’s financial situation improves or is resolved. Follow the chart below.
Note:
The CR should suggest each of the following until the taxpayer agrees to one or more of the options listed in the chart below.
IF THEN The taxpayer proposes to Full Pay with a refund return Allow, regardless of dollar amount or status. See IRM 5.19.1.5.4,(13)b. The taxpayer states he/she cannot resolve the account today, (See Strategy #3 in Exhibit 5.19.1.5-3 The CR should assist the Taxpayer in determining which of the following options will resolve the account. -
Deferring payments on other debts
-
Selling/liquidating assets
-
Borrowing from friends or family
-
Getting a loan (using home equity or other assets as collateral)
-
Getting someone to co-sign for a loan
-
Using available credit on a credit card (cash advance or credit card payments) (see below)
-
Borrowing from a 401(k) or retirement plan
Note:
Advise the taxpayer if re-payment is not made to the 401k or retirement plan, there may be additional tax consequences.
The TP is unable to full pay but agrees to send a partial payment now (See Strategy #1 in Exhibit 5.19.1.5-3 and example (See Exhibit 5.19.1.5-3 Pay-off Calculator Results and example to determine a current balance due for the taxpayer’s account, including accruals. See IRM 5.19.1.5.3, Partial Payment The taxpayer states that none of the suggestions in #3 will work and still cannot pay (See Strategy #2 in Exhibit 5.19.1.5-3) Consider an Installment Agreement, See IRM 5.19.1.5.5 The taxpayer states that he/she cannot even afford an Installment Agreement (See Strategy #3 in Exhibit 5.19.1.5-3 Determine if the taxpayer if eligible for Currently Not Collectible or an Offer-In Compromise. See IRM 5.19.1.7, Currently Not Collectible, and Offer In Compromise. The taxpayer refuses to pay See IRM 5.19.1.5.1, Taxpayer Refuses to Pay -
-
There are various methods for making monthly IA payments. When speaking to the taxpayer, encourage them to use payroll deduction, or one of the electronic methods See IRM 5.19.1.5.5.5, Installment Agreement Payment Methods and User Fees Overview, or credit card payments before accepting payment by check or money order:
-
For Payroll Deduction Agreement procedures: See IRM 5.19.1.5.5.14, Form 2159, Payroll Deduction Agreement.
-
If the taxpayer does not agree to a payroll deduction, but does agree to a Direct Debit Installment Agreement and maintains a checking account, follow Direct Debit procedures: See IRM 5.19.1.5.5.13, Direct Debit Installment Agreement (DDIA).
-
Electronic Federal Tax Payment System (EFTPS): EFTPS has the ability to schedule payments up to twelve months in advance for individual taxpayers and up to four months in advance for business taxpayers
Note:
The taxpayer must initiate payments by sending instructions to EFTPS. (See IRM 21.2.1.47, Electronic Federal Tax Payment System (EFTPS) )
Reminder:
Follow procedures to establish the agreement on IDRS as if the taxpayer were mailing a check or money order.
-
Credit/Debit Card Installment Agreement payment; for procedures for paying by credit card see IRM 21.2.1.48.2, Payment by Credit Card (General) .
Reminder:
For EFTPS and Credit/Debit Card payments, follow procedures to establish the agreement on IDRS as if the taxpayer were mailing a check or money order: See IRM 5.19.1.5.5, Installment Agreements.
-
-
Explain the advantages of using electronic or payroll deduction payment options such as:
-
Reduces the burden of mailing monthly payments
-
Saves postage cost
-
Ensures payments are received timely
-
-
If the taxpayer is denied an Installment Agreement, see Appeals procedures in IRM 5.19.8, Collection Appeal Rights. All rejected Installment Agreements are subject to independent review before informing the taxpayer of the rejection if they meet associated criteria. See IRM 5.19.1.5.5.8, Installment Agreement Rejection Criteria. For independent review procedures: See IRM 5.19.1.5.5.9, Rejected Installment Agreement Independent Review.
-
If during a telephone contact the taxpayer requests an Installment Agreement you are proposing for rejection, inform the taxpayer that:
-
The Installment Agreement is subject to managerial approval
-
All collection actions are suspended until the taxpayer receives a decision regarding the request
-
You will attempt to call back within five (5) days; however, if you are unable to reach them by phone, they will receive a letter with our determination for the request within 14 days.
-
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When a payment agreement requires confirmation by letter always provide the address for the CSCO campus with jurisdiction for both the return address and payment addresses. Do not provide lockbox addresses in any "C" letter. Lockbox will only process payments with the CP 521 or CP 523.
-
If the taxpayer refuses to pay, document the taxpayer’s refusal to pay in AMS comments.
IF THEN ACS/Status 24 Warn the taxpayer of enforcement action and follow normal enforcement procedures. IRM 5.19.1.8, Warning of Enforcement Action Notice Status Accounts Input CC STAUP 2201 which generates a final notice to the taxpayer and sends the account to ACS. .
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If a wage levy was established by ACS or Field Assistance on a Status 22 account and an initial payment is received see IRM 5.19.4.4.5. If two or more payments are received see IRM 5.19.4.4.6.
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For ALL FUNCTIONS, phone or paper, follow instructions in (2) through (10). For restricted interest computation, refer to IRM 20.2.8
-
Ask the taxpayer if there is any recent payment(s) or levy(s) potentially affecting their account balance. Reduce the payoff amount by anticipated credits not yet pending on IDRS.
-
For payoff requests, compute the payoff as follows and document the amount and computation date on AMS:
PHONES ACTION If the taxpayer will mail their payment Use ten days from the anticipated payment date For credit card payments Use the date the taxpayer states they will authorize the payment For payments made via EFTPS Compute the payoff amount to the date the payment is requested by the taxpayer unless requested after 8:00 PM ET; if so, use the next day. CORRESPONDENCE ACTION If the taxpayer will mail their payment by a specific date Compute the payoff to 21 days from the anticipated payment date If the taxpayer provides no date, or the date has past Compute the payoff to 30 days from today -
For COMBO accounts in status 22 or 24 (IMF or BMF) allow the full pay within 60 days and establish a firm date for filing the missing returns. Refer to IRM 5.19.2.6.5.4.2, BMF or IRM 5.19.2.6.4.5.4 IMF. AMS must be documented with the terms of filing and payment commitments.
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If there are modules in ST 23, input CC MFREQ and TC 290, PC5 to force accruals to post. For restricted penalty computation, refer to IRM 20.1.2. For Modules in Status 53, reverse the TC 530 with a TC 531 to include the amount in the balance due computation.
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Advise the taxpayer to send the payment ensuring IRS receipt by the promised date. Provide the campus address for mailing payments and complete instructions to the taxpayer regarding payments. IRM 5.19.1.5.5.17, Taxpayer Responsibilities — When Submitting Payments
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For Notice Status Cases:
Status 21 InputCC STAUP 5808 All others Input CC STAUP 2208. .
-
Reminder:
If the request date to full pay falls within the grace period of the notice, no STAUP is required.
-
For ACS/ACSS: Reassign case as follows:
To R5 If a "FNL NOT" date displays on the ACS MOD Screen for all balance due tax modules, enter history code: "TOR5,nn,TPP2P" To I8: If a "FNL NOT" date is missing from one or more balance due tax modules and there is a levy source, enter history code "TOI8,nn,TPP2P" Note:
If the taxpayer indicates no levy sources send case to Enter "TOI4,nn,TPP2P"
Note:
"nn" = the number of days to mailing date plus 21
-
Enter the promise to pay date and amount on AMS comments or ENMOD if no access to AMS. IRM 5.19.1.1.2, Documenting Account Actions.
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If the taxpayer calls or writes in indicating they cannot pay the amount due today or within 60/120 days, and the balance due exceeds the SIA criteria a financial statement must be secured. However, if the taxpayer offers to make a voluntary lump sum payment (VLSP) to reduce the balance due to meet SIA criteria, use Decision IA or ICOMP to ensure the taxpayer is given an accurate figure and follow the procedures below:
ACS/ACSS and Field Assistance Suspend the account to R6 to wait on the voluntary lump sum payment (VLSP) by entering “TOR6, XX,VLSP; XX= number of days for the VLSP to be received; input TC971 AC043 (see CAUTION below). Notate in AMS the IA conditions agreed to by the taxpayer and the CR if VLSP is received; inform the taxpayer if the VPP is not received SIA will not be considered and provide WOEA. If the payment posts by the promised date set up the SIA as noted on prior AMS comments; if the payment does not post by the promised date, forward the case to Independent Review CSCO and AM If the customer will make a payment to reduce his SUMRY balance below $25,000, input the Installment Agreement with the first payment being for the initial amount, and the second payment to be made for the remainder of the Installment Agreement. Document AMS with the partial payment amount, due date the taxpayer agreed to, and Installment Agreement amount Reminder:
If the VLSP is received the payment will be applied to the oldest periods first and will include the accruals. The payment received may not be sufficient to qualify the account for a streamline agreement. See the below examples:
Example:
The taxpayer’s SUMRY balance is $35,000 and the taxpayer is sending in $15,000 to meet the SIA criteria:
Note:
The account now meets SIA criteria
Tax Year SUMRY Balance Accruals Unpaid Balance Owed Amount Applied New SUMRY Balance 199912 $10,000 $5,000 $15,000 $15,000 $0 200012 $20,000 blank blank blank $20,000 200112 $5,000 blank blank blank $5,000 SUMRY Balance $35,000 blank blank blank $25,000 Tax Year SUMRY Balance Accruals Unpaid Balance Owed Amount Applied New SUMRY Balance 199912 $5,000 $5,000 $10,000 $10,000 $0 200012 $20,000 $10,000 $30,000 $30,000 $0 200112 $40,000 $40,000 SUMRY Balance $65,000 $40,000 Note:
The taxpayer’s SUMRY balance is $65,000 and they are sending in $40,000 to meet the SIA criteria:The account DOES NOT meet SLIA
-
An agreement may be granted to full pay within:
-
60 days: If all or any one module is in Status 22 and no prior full pay agreement has been granted
-
Up to 120 days: If there are no modules in Status 22 and no prior Full Pay agreement has been granted
IF AND THEN AM receives a call A module is in status 22 ACS Transfer to ACS for processing AM receives a call Modules are in Status 6X Based on a Full Pay request being granted by AM or through On-line Payment Agreement or a TRIS application, determine how many days were previously granted and if any module was in a prior status 22 Note:
Only allow up to the maximum days based on the status of the case, described in (1) above, when the Full Pay request was granted
Note:
. If a 60 day full pay is approved on an account in Status 22, move the case to the appropriate ACS inventory for the payment to post. If a full pay agreement is approved on an account in Notice Status input the agreement using CC IAGRE to place the account in Status 60.
Example:
The taxpayer states they can full pay within 30 days and there are balance due modules in Status 22 or 24 and there have been no prior Full Pay requests given; grant the taxpayer request.
Inform the taxpayer payment must be received by Internal Revenue Service by the promised date. If the final notice was issued and there are levy sources present move the case to R5 inventory; if the final notice was not issued and there are levy sources present move to the case to I8 inventory.
If there are no levy sources move to I4 inventory, with a follow up of 21 days past the promise date for payment receipt and processing.
The taxpayer calls on the 30th day requesting an additional 30 days to full pay; you may extend for 30 additional days. Do not allow more than the maximum of 60 days, this does not include the additional seven days for internal processing of the payment. If any of the modules were in Status 22 or 24 and 60 days was not previously allowed only allow up to 60 days. If the taxpayer was given 60 days or more while in notice status, deny the request, the maximum days were previously allowed. The taxpayer already exceeded the full pay within 60 days period allowed for status 22 modules.
-
-
It is a requirement all actions taken on the account be documented clearly on AMS
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Such agreements may be granted on assessed or pre-assessed balances for all individual (IMF) and business (BMF) taxpayers regardless of dollar amount. Taxpayers do not qualify for 60 or 120 Full Pay agreements if previously allowed the maximum days based on the status of the modules. A pre-assessed Full Pay up to 120 days can be granted on correspondence; follow the same established criteria: IRM 5.19.1.5.5.15, Pre-Assessed Installment Agreement Requests.
-
These procedures also include taxpayers who claim they are filing a refund return or an amended return that will full pay their balance due.
-
The taxpayer can request more than one full pay agreement provided the total time does not exceed maximum days stated in (1) above.
-
If a taxpayer is in notice status and requests an extension of 90 days, and a prior request was granted for the maximum of 120 days, do not allow additional time unless there are unusual circumstances such as Combat Zone or a disaster area declared by the president. Document AMS in detail with the reason for granting the additional time. If additional time is not granted, other payment options and methods should be discussed.
-
If the taxpayer does not qualify for a Full Pay agreement of 60 or 120 days, determine if the taxpayer meets Installment Agreement criteria. IRM 5.19.1.5.5.4
Exception:
If any new modules are in Status 22 or 24 and not previously included in a full pay agreement then allow only up to 60 (ACS) or up to 120 days (AM). If any new module post to a previously allowed time to full pay, you may allow additional time up to a total of 60 days (ACS) or 120 days (AM).
Note:
When a module is in status 22 or 24 and being worked by ACS or FA you must consider all previously granted Full Pay Requests in any status.
Example:
A taxpayer's request for a 60 day Full Pay agreement is granted while in notice status. If the taxpayer requests an additional 30 days to pay before the promise date expires, or at the time the 60 day full pay period expires, and it is granted. The taxpayer has up to 30 days left to extend the 120 day Full Pay agreement if the case remains in notice or 24 status.
Caution:
ACS or FA do not establish 60 day Full Pay agreements when any module is in status 22 using IAGRE. These cases are being monitored on the ACS system for receipt of payment. AM, CSCO or FA will establish any Full Pay agreement over 60 days, and up to 120 days, as an extension using CC IAGRE. If any balance due module is in Status 22 or 24, and a Full Pay agreement within 60 days is granted, DO NOT establish as an IA extension. If any balance due module is in NOTICE STATUS with no modules in Status 22, establish as an extension using CC IAGRE. Do not convert a taxpayer request for an IA that is for 120 days or less to a Full Pay agreement. Per IRC 7122(e)(2), there are appeal rights associated with an IA that do not apply to Full Pay agreements. Taxpayers may appeal a defaulted or terminated IA and/or a rejected request for an IA.
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If the taxpayer is requesting up to a 60 or 120 day Full Pay agreement falling within the grace period of eleven days or less from the notice payment date on the notice, do not input a STAUP or send a letter. Update a history narrative on AMS indicating the promised date. No further action is required.
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If an IMF or BMF taxpayer has an open TDI, see return filing requirements. IRM 5.19.1.3.4.1
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Allow the Full Pay within 60 or 120 day agreement if it meets criteria and establish a firm date for filing the missing returns within the appropriate time frames.
-
For BMF, see IRM 5.19.2.6.5.4.2
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For IMF, see IRM 5.19.2.6.4.5.4
Caution:
IDRS will not allow the input of IAGRE.when there is an open TDI.
-
-
Input a STAUP for the next notice status for 9 cycles. Document AMS of return requested and agreement to full pay.
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When working correspondence, the date used to determine the start of the maximum Full Pay agreement is within 60 days time frame from the IRS received date on the correspondence, or postmark if no IRS receive date. Input the Full Pay agreement if over 60 days except when ten days or less of the full pay request time frame remains; In that instance, document AMS with the Full Pay within 60 days agreement request information (number of days requested) and:
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For notice status accounts, if Status 21, input STAUP to 5805 all other statuses, input STAUP to 2205
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For Status 22 accounts, reassign. see (15) below
-
-
If the taxpayer requests a Full Pay agreement for a suspended installment agreement in status 61, 63 or 64, deny the request and inform them a Full Pay agreement does not extend their time for collection appeal rights.
-
On Full Pay agreement requests for 1-10 days, do not use IAGRE; follow Full Pay procedures. IRM 5.19.1.5.2
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Use the following table when processing a Full Pay agreement and no TDIs are present:
Note:
If the maximum days for a Full Pay agreement were previously granted, deny the request.
If... And... Then... Status 24 Other periods in Status 71 with an Unreversed TC 480 or TC 780 Advise the taxpayer to call the OIC Unit in the applicable Compliance Campus Location within 10 days. See SERP for a listing of OIC sites under the "Who/Where" tab Status 22 Other periods in Status 71 with an Unreversed TC 480 or TC 780 Advise the taxpayer to call the OIC Unit in the applicable Compliance Campus Location within 10 days. See SERP for a listing of OIC sites under Who/Where tab -
Enter history code "TOI8,45"
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Warn the taxpayer failure to pay could result in enforcement action. IRM 5.19.1.8, Warning of Enforcement Action (WOEA)
Notice Status With other Unreversed TC 480 and TC 780(ST 71) modules -
Advise the taxpayer to call the OIC Unit in the applicable Compliance campus location within ten days. See SERP for a listing of OIC Sites under the "Who/Where" tab
-
Enter CC STAUP2206
Status 22 IMF, BMF out of business, or BMF in business and current with FTDs -
If a "FNL NOT" date is shown in the ACS MOD Screen for all balance due tax modules, Enter history code "TOR5,XX,FLPY"
-
If a levy source is available but the "FNL NOT" is not shown for all modules:
Input "TOI8,XX,FLPY"
Otherwise, input "TOI4, XX,FLPY" -
Extend the follow-up date for the first deadline plus 21 days for payment
-
Release levies unless they are a condition of the Full Pay within 60 day request; for levy release procedures. (See IRM 5.19.4.4.10 )
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Warn the taxpayer failure to pay could result in enforcement action. IRM 5.19.1.8,
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Send Letter 681C
Status 24 IMF, BMF out of business, or BMF in business and current with FTDs -
Document AMS
-
Send Letter 681C
Status 22 BMF in business and not current with FTDs -
Allow up to 30 days for the taxpayer to become current and advise they call back to establish the Full Pay within 60 days agreement
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Enter history code "TOR5,34,FLPY" if a "FNL NOT" date is shown on the ACS MOD Screen for all balance due tax modules
-
Enter history code "TOI8,34,FLPY" if a "FNL NOT" date is missing from one or more balance due tax modules and there is a levy source
-
All other cases enter "TOI4,34,FLPY"
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Advise the taxpayer failure to pay could result in enforcement action. See IRM 5.19.1.8Warning of Enforcement Action (WOEA)
Notice Status or Status 24 BMF in business and not current with FTDs -
Allow up to 30 Days for the taxpayer to become current, Document AMS
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Advise the taxpayer to call back to request a Full Pay agreement
-
Enter CC STAUP 2206
Status 60 CTLV Continous Wage Levy (ALN xx08) -
Leave CTLV in place, advise the taxpayer when they make full payment the levy will be released.
Status 60 Regular IA Leave history in AMS, do not change the current agreement. Status 53 or 23 not on IDRS (on IMFOL/BMFOL but not IDRS) Intentionally left blank IRM 5.19.1.5.5.4(13) Caution:
Input the agreement before MFREQ or the computer will not allow IAGRE input.
Notice Status IMF, BMF out of business, or BMF in business and current with FTDs -
Input the Full Pay agreement using CC IAGRE
-
Send Letter 681C confirming the conditions of the agreement
-
-
AMS must be documented with the terms of filing and payment commitments, see Exhibit 5.19.1-4 and Exhibit 5.19.1-5
Note:
The taxpayer requests a Full Pay within 60 days and has a delinquent return, allow the Full Pay within 60 days and set a firm date they must file the return within the 60 day period
-
Send Letter 681C Proposal to Pay Accepted, to confirm the Full Pay agreement including:
-
Payment date
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Amount due
-
Warning of enforcement action
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Campus address to mail the payment
Note:
For the return and payment addresses, use the Service Center payment address based upon Submission Processing. See SERP Who/Where, Collections Payment Address
Note:
During weekend processing, TC 971 AC 899 are systemically generated on all modules included in a Full Pay agreement that were input to IDRS; this entry identifies why the account became Status 60. The failure to pay rate is not reduced on Full Pay agreements.
-
-
For information on oral statements, see IRM 21.1.3.20
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Written requests stating one or more of the following statements:
-
I need to, or would like to make payments
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I can send payments
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send me a bill every month
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I would like to make installments
Installment Agreement requests are received on correspondence, Forms 9465 and any of the Forms 433. Only process correspondence as a valid IA request where it is clear the taxpayer has requested to make payments on their tax debt.
-
-
You have the authority to grant an IA either orally or in writing unless it is a DDIA. A DDIA requires the taxpayer's signature. IRM 5.19.1.5.5.13. Direct Debit Installment Agreements
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If Form 433 is received input the financial data on AMS to determine if the taxpayers’ ability to pay (full pay, installment or is unable to pay), refer to IRM 5.19.1.6 , Securing Financial Information.
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Requests may be received by only one taxpayer on a joint liability wishing to establish an IA. Mirroring of Married Filing Joint (MFJ) accounts can be done to provide the ability for the secondary taxpayer to make payments in these situations, IRM 5.19.1.5.5.11.1. , Front End Mirror Assessments Process for Installment Agreements (IA) and Currently Not Collectible Hardship Closures.
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If receiving a request for a payment agreement from the taxpayer via e-mail, DO NOT respond via e-mail. Use of e-mail to contact the taxpayer is prohibited due to disclosure issues. Contact the taxpayer by phone or correspondence. If using correspondence, advise the taxpayer to call the toll free number to request an IA
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Consider which of the following types of Installment Agreements may be considered if the taxpayer meets all other Installment Agreement criteria; filing and paying compliance, and are within the dollar criteria for each specific type of agreement.
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Guaranteed Installment Agreement, IRC 6159(c), requires the IRS to accept the taxpayer's proposal of an IA if the following conditions are met:
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The taxpayer is an individual and owes an income tax liability with an aggregate unpaid balance of assessment (CC SUMRY) amount of $10,000 or less.
Note:
The total CC SUMRY amount(s) is the aggregate unpaid balance of assessment.
-
During the preceding five taxable years, the taxpayer (including their spouse if the requested IA is for a jointly filed return), has not failed to file or to pay income taxes, nor entered an IA for payment of taxes)
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The IA provides for full payment of the liability within three (3) years
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The taxpayer agrees to continue to comply with the tax laws and the terms of the agreement for the period (up to three years) the agreement is in place
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A Guaranteed Installment Agreement must be allowed even if it is determined the taxpayer is trying to delay collections; accept the IA regardless of the amount proposed
Example:
$5, $10, etc.
Note:
The guaranteed IA is the only type of agreement for which we will accept a payment of less than $25; use the same ALN for these agreements as for Streamlined agreements: Exhibit 5.19.1-9.
-
-
Streamline Agreement (SIA) is considered when the aggregate unpaid balance of assessment (CC SUMRY) is $25,000 or less, can be paid in full within 60 months and the CSED is protected. No financial statement is required. See IRM 5.19.1.5.5.6. The type of taxpayers that qualify for a SIA is IMF, Out of Business Sole proprietors and BMF income tax (Form 1120) ONLY.
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Non-Streamline Installment Agreement (NSIA) or Regular Installment Agreement, Non-Streamlined Installment Agreement (NSIA) is considered when the taxpayer cannot qualify for a Streamlined Installment Agreement. A complete financial statement must be completed to determine the monthly payment amount(s). IRM 5.19.1.6., Securing Financial Information .
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Partial Payment Installment Agreement (PPIA): If full payment cannot be secured by the CSED and the taxpayer has requested to make payments or has some ability to pay, a PPIA should be considered: IRM 5.19.1.5.6., even if the taxpayer qualifies for a CNC (establish account as a back up 530).
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An Installment Agreement cannot be considered unless all filing and payment compliance has been addressed for IMF and Out-of-Business Sole Proprietor, IRM 5.19.1.3.4.1., Full Compliance Check/ To determine if the account meets campus authority level for the aggregate unpaid balance of assessment (CC SUMRY) modules, IRM 5.19.1.5.5.4. Account Statuses Affecting Installment Agreements.
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Determine if the account meets streamlined criteria, based on the total aggregate unpaid balance of assessment (CC SUMRY) or if the agreement requires securing a financial statement.
Note:
If an Installment Agreement determination cannot be made within 24 hours, and the request meets pending Installment Agreement criteria: IRM 5.19.1.5.5.6., Pending IA Criteria. You must input a TC 971 CC 043 to stop any collection activity while making an Installment Agreement determination.
When the aggregate unpaid balance of assessment (CC SUMRY) amount is $25,000 or less, including any modules in Status 53 or 23, while speaking to the taxpayer or working correspondence and the proposal is one of the following:IF Then... -
The request will pay the balance of tax within 60 months
and -
The CSED is protected, and or,
-
The first payment of the proposed amount will bring the case within SIA , unless it is in ACS/ACSS, see instruction below
Note:
The payment amount need not to be the same throughout the 60 months; it can be an agreement with increasing payments provided the aggregate unpaid balance of assessment (CC SUMRY) is full paid within 60 months.
Process as a SIA, send Letter 2273C ACS and taxpayer indicates they will make a payment that will bring the account balance to $25k or below Suspend the account to R5 to wait on the voluntary lump sum payment (VPP) by entering “TOR5, XX,VPP; XX= number of days for the VPP to be received( if LT11 not issued); If the LT11 was issued suspense account in I8(“TOI8,XX,VPP);DO NOT input TC971 AC043 (see CAUTION below). Notate in AMS the IA conditions agreed to by the taxpayer and the CR if VPP is received; inform the taxpayer if the VPP is not received SIA will not be considered and provide WOEA. If the payment posts by the promised date set up the SIA as noted on prior AMS comments; if the payment does not post by the promised date, send the case to Independent Review. ACSS and taxpayer indicates they will make a payment that will bring the account balance to $25k or below Suspend the account to S5 to wait on the VPP by entering “TOS5,XX,VPP; XX= number of days for the VPP to be received; DO NOT input TC971 AC043 (see CAUTION below). Notate in AMS the IA conditions agreed to by the taxpayer and the CR if VPP is received. Inform the taxpayer that the SIA will not be considered if VPP not received and provide WOEA. If the payment posts by the promised date set up the SIA as noted on prior AMS comments; if the payment does not post by the promised date, send the case to Independent Review.c W&I and SBSE CSCO and taxpayer indicates they will make a payment that will bring the account balance to $25k or below Input the IA with the lump sum payment as the first payment, the second payment for the remainder of the IA. Document AMS with agreement information. Correspondence or Forms 9465 without a proposed amount, or the amount proposed was insufficient to meet SIA Send Letter 2274C advising the taxpayer of the minimum amount that could be accepted, and establish the IA. A request for an IA amount less than $25 per month (review the exception for Guaranteed agreements:IRM 5.19.1.5.5. (2), and the entire liability, including accruals, is less than the deferral level per IRM 5.19.1.3.4.2 Apply Deferral Level(s) -
Input TC 971 CC 043
-
Revise the payment amount to $25
-
Notify the taxpayer of the revised proposed monthly payment amount we can accept
-
Tell the taxpayer this is the lowest monthly payment amount we can accept and if they agree write or call to establish the agreement.
-
If the taxpayer is unable to make the proposed payment, follow rejection criteria: IRM 5.19.1.5.5.8
With an amount not full paying the balance due within 60 months, and/or the payment is less than $25 per month; the taxpayer indicates they cannot pay more than the offered amount, and the request does not meet Guaranteed Agreement criteria, IRM 5.19.1.5.5.(2) and the entire liability including accruals, is less than the deferral level, see IRM 5.19.1.3.4.2 Apply Deferral Level(s). -
Prepare for rejection of the IA if the request meets pending Installment Agreement criteria: IRM 5.19.1.5.5.6.
-
Follow rejection procedures
-
If rejection is approved input TC530 ccXX, as appropriate; for CNC processing. IRM 5.19.1.7.1.7
-
No action is necessary if the account is already in Status 23
-
Accounts already in Status 53 must be reviewed to see if the closing code must be revised
-
Input history on AMS including CNC closing code
-
Release any levies as appropriate: IRM 5.19.1.7.1.5(3)
One or more of the following is an issue: -
The amount is over $25,000
-
The balance due cannot be full paid within 60 months or
-
The CSED is not protected
-
Secure a financial statement
-
Complete financial statement processing per IRM 5.19.1.6 , Securing Financial Information, to determine a monthly payment amount or possible CNC.
-
Determine if the request meets pending Installment Agreement criteria: IRM 5.19.1.5.5.6.
-
Input TC 971 CC 043 if criteria met
-
If pending criteria is NOT met input STAUP in notice status or assign to appropriate ACS inventory if in ST 22 and send letter to request additional information needed from the taxpayer
Note:
The first monthly payment should be at least the amount of the user fee when the proposed payment amount is less than the user fee; subsequent payments revert to the requested payment amount.
-
-
The taxpayer may select the installment payment date between the 1st and 28th day of the month:
-
If the taxpayer indicates a preferred due date, establish the agreement with the requested date
-
If the taxpayer does not indicate a preference, establish the payment date as the date of the input of the IA
-
If the date of 29 -31 is requested, make the payment due date on the first day of the following month
-
-
Input the agreement with the first payment scheduled at least 4-8 cycles after the date of the agreement.
-
For non-streamlined IA (NSIA) accounts of more than ≡ ≡ ≡ , request lien filing. For lien filing procedures see IRM 5.19.4.5.1 and IRM 5.19.4.6.1
-
When tools such as ICOMP or Decision IA are used to assist with case processing, document results in AMS history.
-
When receiving an IA request from a Sole Proprietor involving both IMF and BMF taxes, they require special handling. For procedures: IRM 5.19.1.5.5.3., IMF/BMF Related Accounts. . For additional information on In Business Trust Fund see IRM 5.19.1.5.5.1
-
In-Business Trust Fund (IBTF) Express installment agreements may be granted if:
-
The entire liability including accruals (INST) does not exceed $10,000 when the request is made. The taxpayer may not reduce the liability by making a voluntary partial payment in order to qualify for this type of agreement.
-
The entire liability must be paid within 24 months, or before the CSED, whichever is earlier.
-
-
Campus Compliance employees must request full payment or suggest the liability is paid within 60 – 120 days. If the taxpayer is unable to full pay today or within 60-120 days:
-
Grant the IBTF (if it meets the requirements)
-
Financial is not required
-
Secure levy sources
-
A lien determination is not required by Campus employees but may be filed if the Lien will protect the government’s interest, such as if a property sale is imminent.
-
Taxpayer must be in filing compliance, if not installment agreement may not be granted
-
If for any reason rejection of the installment agreement is planned, refer to Independent Reviewer
-
-
Forward requests for an IBTF IA exceeding the dollar criteria to the field for processing; refer to the IRM 5.19.1.5.5.4 (11) transfers to the field.
-
Enter history item "EXCDIAAUTH" on IDRS ENMOD or document AMS history and input TC971 AC043 if the request meets pending installment agreement criteria. Refer to IRM 5.19.1.5.5.6 Pending Installment Agreement Criteria.
-
-
Managerial approval is required.
-
If an IBTF Express agreement defaults, or is terminated, they may be reinstated or a new agreement may be granted immediately if:
-
The taxpayer re-qualifies for an agreement under the above guidelines
-
The CSED is protected
-
Taxpayer is requesting the option of a Direct Debit payment option
-
-
If the taxpayer has delinquent returns and/or is not current in making FTD deposits for the current quarter, take the following actions:
If... Then... Delinquent returns are present and you are speaking to the taxpayer -
Attempt to get the taxpayer to agree to a Full Pay agreement, allowing up to 120 days to file and pay if in Notice Status or 60 days if any module is in Status 22; follow procedures per IRM 5.19.2.6.4.5.4 (7) in the"Table"
-
If the taxpayer does not agree to a Full Pay Agreement, follow procedures in the block below
-
Set a specific deadline to file. See IRM 5.19.2.6.4.5.4 (7)
-
Address FTD requirements; if not current, explain to the taxpayer they must be current with payments by the specific deadline given for filing delinquent returns
-
Input AMS narrative
ACS Move the case to R5 with the appropriate follow up time if LT 11 has been issued. If the LT 11 has not been issued move to I8. IRM 5.19.1.5.5.6.1 #, Requests Not Meeting Pending Installment Agreement Criteria Non ACS Calls Input STAUP 2209 Working correspondence, the taxpayer will not agree to a Full Pay agreement, and there are delinquent returns Deny the request for an IA, but do not refer to the field; delinquent returns do not qualify for independent review or appeal rights: IRM 5.19.1.5.5.6, Requests Not Meeting Pending Installment Agreement Criteria The taxpayer is not current in making FTD deposits in the current quarter and there are no delinquent returns For any dollar amount, follow rejection procedures with appeal rights and independent review. IRM 5.19.1.5.5.8. (2), Installment Agreement Rejection Criteria, Reminder:
Do Not refer to the field.
Note:
These types of agreements are for ALL In-Business Trust Fund accounts which include Sole Proprietors.
-
-
Input the in-business trust fund IA using agreement locator number (ALN) XX15. XX15 was "previously" set aside for revenue officers but is now required for all functions in relationship to in-business trust fund IA. Exhibit 5.19.1-9.
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After qualifications are met, always send Letter 2273C, Installment Agreement Accepted - Terms Explained.
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Forward requests for an IA exceeding authority levels shown in IRM 5.19.1.5.5.4.to the field for processing. IRM 5.19.1.5.5.4. Installment Agreements
Caution:
DO NOT refer the taxpayer to the field if there are un-filed returns or the taxpayer is not current in making FTD deposits: IRM 5.19.1.5.5.1. Installment Agreement Requirements In-Business Trust Fund Express Agreement
-
ACS W&I EMPLOYEES ONLY working incoming calls transfer calls to SB/SE
-
Enter history item "EXCDIAAUTH" on IDRS ENMOD or document AMS comments with Exceeds IA Authority.
-
Accounts Management and SB/SE Compliance employees may grant an IA for In-Business No Trust Fund or Form 1120 income taxes if the balance due is less than $25,000 assessed balance and will pay within five years. The following guidelines apply:
-
Prior to establishing an IA, a full compliance check must be completed. IRM 5.19.1.3.4.1., Full Compliance Check)
-
Secure levy sources
-
No financial statement is required
-
No managerial approval is required
-
No lien determination is required; however, a lien may be filed if in the judgment of the contact employee, it would protect the government's interest
Example:
Pending sale of property.
-
Input the IA using the appropriate agreement locator number. Exhibit 5.19.1-9.
-
If rejection of the IA is recommended, refer the case for independent review. IRM 5.19.1.5.5.9., Rejected Installment Agreement Independent Review
-
Document AMS comments
-
-
When both in business sole proprietor trust fund taxes and IMF taxes are involved, before considering the IA, IRM 5.19.1.5. In Business Trust Fund Express Agreement
-
If the dollar criteria is not met and FCC compliance is met, forward to the field for processing. IRM 5.19.1.5.5.2, Installment Agreement Requirements - In Business Trust Fund Express Agreement.
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When a request for an IA involves an SSN and EIN (Sole Proprietor) or two SSN's, some years filed joint and some single, combine the aggregate unpaid balance of assessment (CC SUMRY) of all modules. Determine if the taxpayer meets the requirements to qualify for an IA. An IMF account and related BMF account must be included in one IA.
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When the taxpayers are divorced or separated follow IRM 5.19.1.5.5.11.1, Front End Mirror Assessments Process for IAs and CNCs
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Federal tax refunds are subject to offset to pay balance due accounts during the life of the IA, including refunds from income taxes of individuals whose sole proprietorship or partnerships owe taxes. Ensure a TC 130 is input for the appropriate Social Security Number(s). For TC 130 input see IRM 5.19.10.3.5, Input of TC 130 on IDRS
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For Installment Agreements involving cross-references, one account in Status 60 (primary) and the other in Status 63 (secondary). Use the agreement locator number (ALN) of "XX63" . Cross-reference agreements can be a combination of IMF/BMF or IMF/IMF:
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Establish the agreement on the account having the earliest CSED expiration date and place the account in Status 60. For input of cross-reference agreement, see Exhibit 5.19.1-6 or Exhibit 5.19.1-7.
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Input TC 971 AC 063 on the cross referenced module
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Send IA acceptance letter and inform the taxpayer(s) both accounts are in IA status and input appropriate comments to AMS.
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When the first account is full paid, it appears on the IAAL documenting the Status 63 account to be placed in Status 60. For IAAL procedures: IRM 5.19.10.10
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IMF modules with an aggregate unpaid balance of assessment (CC SUMRY) of≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ are classified as Large Dollar. These modules are worked by W&I and SB/SE IMF Large Dollar Inventory teams. This authority encompasses IMF accounts. .
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Update comments on AMS/ENMOD
Example:
" Exceeds IA authority TP needs contact"
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If a CIS-related information or Installment Agreement request is received via correspondence, route to the appropriate ACS LG$ Team in Buffalo or Brookhaven and take the following actions;
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Input TC 971 AC 043 if the request meets pending Installment Agreement criteria. IRM 5.19.1.5.5.6.
Enter CC STAUP 2200 and ASGNI 0120 if required -
If a LG$ IMF account with an SB/SE BOD code call is received the assistor can transfer the call to extension 92077
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If a LG$ IMF account with a W&I BOD code call is received the assistor can transfer the call to extension 92069
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If any modules are in ST 22 and you do not have access to the ACS system, transfer the caller to ACS. If unable to transfer the call, provide the taxpayer with the toll-free number for ACS. W&I 1–800–829–7650, SBSE 1–800–829–3903.
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For correspondence, refer to ACS Support. Exhibit 5.19.1-2.
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If there is a TC 480 or TC 780 on the account (ST 71), through AMS generate a Form 4442 to refer the request to the Compliance Services Offer in Compromise Unit at the campuses.
See SERP, under the "Who/Where" tab for OIC Support locations
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Input a TC 971 AC 043 if pending installment agreement criteria is met and advise the taxpayer their request is being referred to another office for processing
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Input history on AMS or ENMOD, "H,44422OIC" or "H,CORR2OIC" Input STAUP 2209 if in notice status.
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If any modules are in ST 72 (Bankruptcy): IRM 5.19.1.4.2. for procedures. If the taxpayer is calling to request an Installment Agreement (IA) a new tool is available under the Who/Where tab on the SERP home page titled Installment Agreement Requests When in a Chapter 13 Bankruptcy. Utilize this tool to determine if an Installment Agreement can be granted.
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If there are potential indicators of fraud see IRM 25.1.11.4 and the taxpayer initiates an installment agreement, suspend any attempts to resolve the case and advise the taxpayer the case is subject to review and to make voluntary payments in the interim, see IRM 25.1.11.5
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Research CC INOLES to check for cross-reference IMF/BMF TINs. IRM 5.19.1.5.5.3., IMF/BMF Related Account
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For the dollar criteria for BMF accounts for Accounts Management and Compliance initiated IA, for In-business trust fund (referred to as In-Business Express agreements) IRM 5.19.1.5
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Trust fund returns include:
Form CT-1 , MFT09
Form CT-2 , MFT 72
Form 720 , MFT 03
Form 941 , MFT 01
Form 943 , MFT 11
Form 944 , MFT 14
Form 945 , MFT 16
Form 1042 , MFT 12Note:
See Document 6209, Chapter 2, for full listing of Master File (MF) and Non-Master File (NMF) MFT Codes.
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For In-Business Non-Trust Fund and Corporate accounts in which the only delinquent modules are for Form 1120 see IRM 5.19.1.5.
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Filing and paying compliance must be considered prior to granting an IA. IRM 5.19.1.3.4.1.
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If not current on filing and payment compliance, follow rejection criteria. IRM 5.19.1.5.5.8., Installment Agreement Rejection Criteria.
Note:
Do not refer the taxpayer to the field if there are open TDI modules or they are not current in making Federal Tax Deposits (FTDs). For procedures in these circumstances: IRM 5.19.1.5.5.1. Installment Agreement Requirements - In-Business Trust Fund Express Agreement .
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If the request exceeds BMF authority and the case is in notice or queue status (ST24)
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Input comments on AMS or ACTON on IDRS
Note:
On AMS input "Exceeds IA authority TP needs contact" or ACTON "EXCDIAAUTH"
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Enter CC STAUP 22 00 and an assignment code of 65XX, where:
"XX" = 01 if no documentation is forwarded to the field office
"XX" = 66 if documents such as correspondence is forwarded to the field office -
Input TC 971 AC 043 if it meets pending installment agreement criteria:IRM 5.19.1.5.5.6.
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Forward any pertinent information to the field office per the SERP"Who/Where" tab, RO by Zip Code
Note:
Use ICS if available at your site to send comments to the revenue officer after the case is assigned on IDRS to the field.
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If the request exceeds BMF authority and the case is in Status 22 (ACS/ACSS employees Only):
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Enter History Code "TOCO,nn,TFRO" on ACS and indicate the collection assignment code found on the SERP"Who/Where" Tab, RO by Zip Code in comments
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Input TC 971 AC 043 if meets pending installment agreement criteria
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Forward any the pertinent information to the field office
Note:
Do not file a lien when the account is reassigned for field contact except in a jeopardy situation. Liens may be filed if they will protect the government’s interest; such as if a creditor plans to seize the taxpayer's assets or the taxpayer is preparing to sell a business or real property.
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Research IDRS and check for any balance due modules not current on IDRS (ST 23 or ST 53); these modules must be included in the IA. Take the following actions if ST 23 or ST 53 modules are involved.
Note:
You must input the IA before you MFREQ or the computer will not allow the IAGRE input.
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If status 53 accounts are involved, input a TC 531, reversing the TC 530 and the modules must be included in the IA; use ALN XX32 and input a history on AMS or ENMOD if AMS not available, such as "IA30199812 " , to include the module in the agreement and input assessment indicator "1" on CC IAGRE, allowing the module to be included without defaulting the agreement.
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If Status 23 accounts are involved, input the agreement with CC IAGRE, then MFREQ "C" the modules, and include them in the IA; use ALN XX32 and input a AMS history or ENMOD, such as "IA30199812" , to include the module in the agreement and input assessment indicator "1" on CC IAGRE, allowing the module to be included without defaulting the agreement.
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For all functions, except ACS, if the only modules involved in the agreement are in ST 23 or ST 53, and they are not current on IDRS, you must reverse the TC 530 or MFREQ the ST 23 accounts:
Note:
Hold the IA request until the module is returned to IDRS, usually two cycles and then input the agreement.
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ACS takes all actions leading up to establishing the IA on IDRS including financial statement processing and managerial approval when required.
-
ACS and CSCO take the following actions:
If... Then... ACS call sites receive an IA request and the only modules involved are in ST 23 or 53 (no balance due modules on IDRS) Exception:
If ACS Support receives correspondence with modules only in ST 23, 24 or 53, follow Steps "a" through "d" (do not route to CSCO), and follow the "Then" box below for processing.
ACS takes the following actions: -
Input CCMFREQ
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Input TC 971 AC 043
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Inputs TC 531 if applicable
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Documents all pertinent information regarding the IA request in AMS comments including:
TIN
Taxpayer name
Tax years
Terms and conditions of the agreement
The date of MFREQ and/or TC531 input -
Sends Form 4442, Inquiry Referral, with action taken (MFREQ or TC531) to the appropriate CSCO Operation.
CSCO receives Form 4442, Inquiry Referral, with MFREQ or TC531 information CSCO and ACS Support take the following actions: -
Suspends request and review for IDRS update two cycles after the IDRS input
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If the account is on IDRS, input the agreement per comments on AMS, send letter, and destroy the Form 4442, Inquiry Referral
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If the account is not present on IDRS, hold for one additional cycle
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If the account is not present on IDRS after one additional cycle, verify the MFREQ or TC531 was input correctly
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If required, re-input and hold for the account to appear on IDRS
Reminder:
Control the case if more than 30 days from IRS received date and notify the customer
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-
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The following Installment Agreement payment methods are available for the taxpayer
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A Payroll Deduction Installment Agreement (PDIA) is an agreement whereby a taxpayer authorizes their employer to send a specific amount to the IRS each pay period. IRM 5.19.1.5.5.14., Form 2159, Payroll Deduction Agreement
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A Direct Debit Installment Agreement (DDIA) is an agreement where a taxpayer authorizes the IRS to request an electronic transfer of funds from their checking account or shared draft account to the IRS and is withdrawn on the same date every month. IRM 5.19.1.5.5.13., Direct Debit Installment Agreement (DDIA)
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Electronic Federal Tax Payment System (EFTPS) is a system designed to utilize Electronic Funds Transfer (EFT) to pay all federal taxes. (See IRM 21.5.7.4.7.15)
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Taxpayers may use credit cards to make IA payments to the United States Treasury by phone or internet. (See IRM 21.2.1.48.4)
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Taxpayers can make payment by check or money order. IRM 5.19.1.5.5.5., Installment Agreement Payment Methods and User Fee (UF) Overview.
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-
Advise the taxpayer verbally or in writing that penalty and interest CONTINUE to accrue until the tax is paid in full.
-
Failure to Pay penalty is reduced to 1/4% per month for all accounts in an IA status. The rate will also be reduced whenever a defaulted IA is reinstated; for reduced penalty information see IRM 20.1.2.8.
-
The penalty continues at the reduced rate while the account is in any status 6X.
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-
In accordance with the law, each year the IRS mails a Computer Paragraph, CP 89, Annual Installment Agreement Statement, to every taxpayer with an IA; the statement provides the dollar amount of beginning account balance(s) due and:
-
An itemized listing of payments
-
An itemized listing of penalties, interest and other charges
-
The dollar amount of ending account balance(s) due
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The Installment Agreement (IA) User Fee allows the IRS to recover costs of administering the IA program. For Installment Agreements with acceptance dates prior to January 1, 2007, origination fees were $43, and reinstatement fees were $24. Effective January 1, 2007, IA user fees are structured as follows:
-
Direct Debit Installment Agreement Origination fee is $52.
Note:
Payment of a DDIA origination fee posts to MFT 13 (BMF) or MFT 55 (IMF) as a TC 694 with DPC 49 and a TC 360.
-
For all other Installment Agreements the Origination fee is $105.
Note:
Payment of a origination fee posts to MFT 13 (BMF) or MFT 55 (IMF) as a TC 694 with DPC 50 and TC 360.
-
Low Income taxpayers may qualify for a reduction of the origination fees to $43, see paragraph (11) below.
Note:
Payment of a DDIA origination fee posts to MFT 13 (BMF) or MFT 55 (IMF) as a TC 694 with DPC 49 or DPC 50 and a TC 360.
-
Reinstatement/Restructuring fee of $45 for all IAs reinstated or revised.
Note:
Payment of a reinstatement fee posts to MFT 13 (BMF) or MFT 55 (IMF) as a TC 694 with DPC 51 and TC 360.
-
-
The origination fee is established by regulation and cannot be waived for any reason for any installment agreement. The reinstatement/revision fee can only be waived for those reasons cited in paragraph (10) below. Hardship criteria do not apply to the user fee.
-
The user fee is non-refundable even if the taxpayer
-
Full pays the account prior to receiving their first CP 521
-
The account is not immediately input on IDRS and not been updated to Status 60
-
-
When the customer makes a payment all of the money will be applied to tax. The User Fee Sweep (described below) will credit the UF account if necessary.
-
The IA user fee Transfer Program sweeps all active IMF IAs, coded as "user fee due", and moves the money from the tax account to an accounting fund for IA user fee. The sweep is done weekly, beginning 4 weeks after a TC670 has posted to the account. The payment is reversed with a TC 672 (Saturday julian date) in the DLN of the credit transfer, from "001" through "365" .
Exception:
If during the sweep there is not a sufficient amount of payment to cover the entire user fee amount, the fee will not be taken at all during that sweep. (No partial amount will be taken).
-
See the table below for when to charge a user fee.
If... And... Then... The account is not in any status 6X (installment agreement status) Intentionally left blank An origination user fee must be charged and is never waived. Hardship is not considered a condition to waive the user fee. The installment agreement was terminated Intentionally left blank An origination user fee must be charged. The taxpayer requests to add another liability of more than $200 to the agreement The account balance is more than deferral; for deferral levels,IRM 5.19.1.3.4.2.:
OR
It requires more than two additional monthly payments to full pay the balance dueA reinstatement user fee must be charged A reinstatement request on a defaulted installment agreement, ST 61, 64 or, 48 with an immediate prior ST 64, with an account balance above deferral level
OR
A revision to a current installment agreementUnless otherwise specified in paragraph (10) below Note:
The account balance has no effect on whether or not you charge a user fee.
A reinstatement user fee must be charged Note:
When reinstating a regular Installment Agreement to a DDIA do NOT treat as a revision, a User Fee is not due.
The taxpayer requests to change the monthly payment amount A financial statement (CIS) is required; the agreement no longer meets streamlined criteria or the CSED is an issue A reinstatement user fee must be charged -
There are very few instances when a user fee is waived. The user fee cannot be waived based on an individual decision from an IRS employee. The fee must be charged on all installment agreements except instances cited in the table below. When waiving the fee, enter a narrative on AMS.
If... And... Then... The taxpayer requests to revise a payment date or a payment amount meeting streamlined criteria; no CIS is required The account is in Status 60 or 63 Waive the reinstatement user fee The taxpayer requests to add an additional liability to the agreement The total aggregate unpaid balance of assessment (CC SUMRY) , is less than deferral; for deferral levels: IRM 5.19.1.3.4.2. Waive the reinstatement user fee; the computer automatically includes these balances without defaulting the agreement or charging a user fee if the taxpayer does not contact us The taxpayer requests to add an additional liability to the agreement Full payment of the agreement is only extended by two additional payments at the current monthly amount
OR
The new balance due is $200 or lessWaive the reinstatement user fee The installment agreement was transferred from another campus due to an address and CLC code change Intentionally left blank Waive the reinstatement user fee The taxpayer requests to full pay within 120 days; the taxpayer is not requesting to make monthly payments. This is not an installment agreement; therefore, no user fee is charged Intentionally left blank No fee is due, waive user fee
Exhibit 5.19.1-11.The installment agreement was erroneously defaulted by IRS Intentionally left blank Waive the reinstatement user fee The installment agreement is reinstated after a bankruptcy is closed Intentionally left blank Waive the reinstatement user fee The taxpayer had an installment agreement established prior to entering a combat zone and now exited the combat zone Intentionally left blank Waive the reinstatement user fee Converting a IA to a DDIA within six (6) months of the original Installment Agreement Intentionally left blank User fee will be reduced to $52.00 IRM 5.19.1.5.5.5.3 and IRM 5.19.1.5.5.13 -
For agreements with effective dates after January 1, 2007, taxpayers may qualify for a reduced origination or DDIA user fee, if they qualify as low income. There is no reduced fee for reinstatement installment agreement. As of January 2008, taxpayers meeting the established low income criteria are identified systemically and the account systemically adjusted.
Note:
The customer can also file a Form 13844, Application for Reduced User Fee for Installment Agreements. These request are all sent to: KCSC, PO Box 219236, Stop 5050, Kansas City, MO 64121-9236. KCSC will determine if the customer's TPI (Total Positive Income) falls within the guidelines set by "Federal Health & Human Services Guidelines, set the RUFI Indicator to a 1. If the standard User Fee has already been paid, take the necessary steps to credit excess money over $43.00 back to the tax account. Notify the customer that he has qualified for the low income break and we have corrected his account. If the customer does not fall within low income guidelines, deny his request and explain why he does not qualify. Updated low income guidelines can be found at: http://aspe.hhs.gov/poverty/09poverty.shtml. Action 61 Guidelines concerning control & monitoring apply to these requests and require comments be added to AMS.
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User Fee discrepancies appear on the Installment Agreement Accounts Listing in CSCO; for additional information:
See IRM 5.19.1.10.10
-
These discrepancies are generally worked on the IAAL and are listed for accounts where there is:
-
No agreement
-
User Fee Code inconsistent
-
Duplicate original fee
-
Duplicate revision fee
-
-
Effective January 2002, User Fee modules are created on IDRS under MFT 13 (BMF) or MFT 55 (IMF):
-
From January 2002 through December 2006, the user fee module was created when CP 521, Installment Agreement Reminder Notice, generated and a TC 971 AC 082 (origination fee) or AC 083 (reinstatement fee) was sent to Master File
-
Effective January 2007, the user fee module is created when the CP 521 generates and a TC 694 DPC 49, 50 or 51 posts to Master File
-
To manually establish a user fee module: IRM 5.19.1.5.5.5.2., Manual Establishment of User Fee Module.
Note:
Unlike other MFT 13 or 55 accounts, there are no reference numbers.
-
-
When the user fee module is created, the module is likely not available on the TIF, such as CC SUMRY/TXMOD. You must use CFOL command codes to research the user fee module.
-
User fees systemically correct within four cycles providing there are sufficient payments. Only if user fees must be corrected immediately should they been done so manually. To manually establish a user fee module (MFT 13 or 55), take the following actions using CC FRM77: Exhibit 5.19.1-11. to apply the correct user fee amount:
Note:
If establishing an MMIA agreement, establish the user fee module for the taxpayer requesting the agreement.
Reminder:
This is not always the primary taxpayer if the secondary taxpayer requests the agreement: IRM 5.19.1.5.5.17., Taxpayer Responsibilities - When Submitting Payments.
-
Input TC 971 AC 082, representing the origination user fee
or
TC 971 AC 083, for the reinstatement fee -
Use the current year date as the tax period's year
-
Use "12" as the tax period month for MFT 13
Example:
200X12
-
Use "01" as the tax period month for MFT 55
Example:
200X01
Note:
Master file establishes the module by posting the TC 971 and bypasses the unpostable checks requiring an assessment TC 240 in the module.
Reminder:
There are no TC 240 or reference numbers related to the user fee.
-
-
The User fee transfer program, or "sweep" , is run every weekend after four (4) cycles on accounts with unpaid User fees. The User fee will be systemically screened for the fee due to satisfy the User fee amount.
-
User fee discrepancies are collected through the User Fee Transfer Program; however, there are times when you should attempt to collect an unpaid fee:
-
Request for payoff or a Full Pay request when the account is in ST 61, 63 or 64.
Follow procedures for payoff requests: IRM 5.19.1.5.2.
Follow procedures for Full Pay: IRM 5.19.1.5.4. -
Manually Monitored Installment Agreements (MMIA)
-
Business Master File (BMF) accounts
-
The taxpayer requests the user fee paid
-
-
If manual transfer of the User fee is necessary, manual user fee transfers from MFT 30 to MFT 55 must be for the full amount of the fee due; do not transfer multiple smaller payments to the fee. Take no action if there is no single payment equal to or greater than the fee due.
-
Do not transfer a payment from a full paid account to the user fee; IRS must collect the fee while the account is in ST 6X.
-
Take the following actions to transfer a payment to the user fee module using CC ADD24:
-
If the user fee module is not present, establish the user fee module. IRM 5.19.1.5.5.5.2., Manual Establishment of a User Fee Module.
-
Use debit TC 672 for the fee amount using the same date the TC 670 payment displays
Note:
There is no penalty reason code and no DPC with TC 672.
-
Use credit TC 694 for fee amount with the appropriate DPC (49, 50 or 51)
Note:
This credit transaction code (TC 694) is applied to the Use Fee/Civil Penalty module MFT 13/55 with the appropriate tax year and month.
Example:
"200X12" or "200X01)"
-
A secondary TC 360 for the same amount of the TC 694 is required input with the credit transactions (TC 694)
Note:
If no MFT 13 or 55 on CFOL originally, and a TC 971 AC 082 or 083 was input to establish it, put a two cycle posting delay on the payment transfer.
-
-
Correct duplicate user fees in the following manner:
Caution:
Do not use CC ADD34 when transferring user fee payments; if ADD34 is used, it causes an unpostable condition.You must use CC ADD24.
If ... Then ... ADD24 Use debit TC 695 and the appropriate DPC, money amount, and date of the TC 694. Note:
MFT 13/55 is the debited module.
ADD24 -
Input credit TC 670, applying the payment to one of the tax modules in agreement or balance due status
-
If none of the modules are in a balance due status, apply the money to a full paid module and allow it to refund to the taxpayer
-
Use the same money amount and date of the TC 694; use DPC code of "99" . There is no TC 360 and no penalty reason code associated with the credit TC 670
Note:
MFT 30, MFT 01, etc. are the credit modules.
ADJ54 Input TC 361 to MFT 13/55 with blocking series "52" or "05" to prevent notice issuance ADJ54 Use Penalty Reason Code "50" or "51" , matching the DPC Code of the TC 694; begin in position "4" on the command code screen Caution:
If the Penalty Reason Code is not input, the TC 361 goes unpostable.
The user fee is incorrect -
Update the user fee field appropriately using CC IAGRE
-
For additional information: Exhibit 5.19.1-11.
-
-
Modifications are necessary when a regular IA is converted to a DDIA within six (6) months of the original establishment of the IA.
Note:
The original user fee of $105 fee is reduced to $52 for a DDIA.
After taking all required steps to covert a regular IA to a DDIA, follow the procedures in the chart below:If ... Then ... The $105 fee is paid -
Reduce the fee to $52 and transfer $53 back to the tax account, following the procedures above
-
Update the UFC as appropriate: Exhibit 5.19.1-11.
The $105 fee is not paid -
Update the UFC to reflect a $52 user fee is due: Exhibit 5.19.1-11.
-
The $105 is billed and paid subsequent to changing the UFC, the discrepancy will be corrected during IAAL processing
The origination fee of $43 is due/paid No action is necessary Note:
This applies to low income taxpayers only.
-
-
A pending IA is an IA that cannot be immediately input.
Example:
The taxpayer must submit financial information for a non-streamlined IA.
-
To qualify for a pending IA, including independent review with appeal rights, a taxpayer must meet the following criteria:
-
Provide information sufficient to identify the taxpayer, generally the taxpayer’s name and TIN.
Note:
If a taxpayer furnishes their name, but no TIN, and the taxpayer’s identity can be determined, identify as a pending IA if all other information is made available and the taxpayer is current in filing.
Caution:
If the taxpayer account is assigned to a field revenue officer (Status 26), DO NOT take any actions on the account. See IRM 5.19.1.2.1 (8) for applicable procedures:
-
Identify or determine the tax liability to be covered by the agreement.
-
Propose a monthly or other periodic payment of a specific amount.
-
Is in compliance with all filing requirements, both individual and business. For research procedures for full compliance check:: IRM 5.19.1.3.4.1.
-
-
Only an IA request meeting the above criteria require input of a TC 971 AC 043 and are entitled to receive independent review and appeal rights. TC 971 AC 043 is input via CC REQ77 and used when input of the agreement is delayed or the agreement is pending or rejected. Input of the TC 971 protects the taxpayer from enforcement action while the agreement is pending.
Note:
If unable to immediately resolve a request containing all of the information above by establishing an IA, input of the TC 971 AC 043 is mandatory within 24 hours unless you determine the request is being made solely to delay collection. For further information: See IRM 5.19.1.5.5.8(4).
Note:
A TC971 AC043 will systemically reverse TC972 AC043 in 14 weeks if an account does not go to Status 60 unless there is an open case control.
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All requests meeting criteria for a pending IA are identified as a pending agreement even if the taxpayer does not provide financial information, is not current in meeting estimated (ES) payment requirements or Federal Tax Deposit (FTD) requirements. Although the request meets criteria for identification of a pending IA, this does not mean the agreement will be accepted after research is completed.
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Once a request is identified as an Installment Agreement meeting all of the requirements input TC 971 AC 043 on all balance due modules via CC REQ77, including modules not on IDRS; if there are no balance due modules on IDRS, create a dummy module on IDRS using CC MFREQ.
Note:
If TC 971 AC 043 is input in error using the wrong date, reverse it via a TC 972 AC 043 using the same input date as the original TC 971 AC 043.
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Take the following actions:
IF THEN ACS Use R6 inventory to suspend the case while a pending IA status, input history code "TOR6,XX,IAPND" in ACS, where "XX" = the number of days the case will be in suspense
If working a case other than ST 22, and it cannot be resolved immediately, input CC STAUP 2200 and ASGN 0120, where:
"01" = ACS TDA/TDI Suspense File
"20" = Potential ACS IAACSS Uses S5 inventory to suspend the case while a pending IA status, input history code "TOS5,XX,IAPND" on ACS, where "XX" = the number of days the case will be in suspense
If working a case other than ST 22, and it cannot be resolved immediately, input CC STAUP 2200 and ASGN 0120, where:
"01" = ACS TDA/TDI Suspense File
"20" = Potential ACS IACSCO notice status accounts Input "IAPND" in the activity code field when establishing a control on the account and awaiting additional information from the taxpayer
For Notice Status accounts, input STAUP 2209. Input 2201 for cases assigned to the Large Dollar Site.
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Installment Agreements must be approved by a manager or the manager designee when:
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The aggregate unpaid balance of assessment (CC SUMRY) exceeds $25,000 or the balance is $25,000 or less and cannot be full paid within 60 months
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It is a defaulted PDIA or a DDIA and is not being reinstated as a PDIA or a DDIA
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The taxpayer defaults for a second time on an IA within the last twelve months, unless meeting streamline criteria: IRM 5.19.1.5.5.20.
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The taxpayer requests to skip more than two payments in a twelve month period. IRM 5.19.1.5.5.20., Payment Skips (Missed Payments)
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When a PPIA is considered, regardless of dollar amount: IRM 5.19.1.5.6.
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For In Business Trust Fund Express IA IRM 5.19.1.5.5.1In-Business Trust Fund Express Agreements .
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Revisions or adjustments to existing IA if they exceed streamlined criteria; if the only change is the due date, no managerial approval is necessary
Note:
TAC employees follow ACS procedures when granting an IA; if an ITAS accepts payment from the taxpayer, they must prepare a Form 433-D, Installment Agreement, and submit to their manager for approval and assignment. ITAS inputs the IA online provided it meets SIA criteria; update comments on AMS, ACS or ICS, as appropriate.
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Submit agreements for managerial review without delay. Input the agreement terms.
IF THEN ACS
Input history:
"TOXX,05,433D" for a regular IA
"TOXX,05,PPIA" for a PPIA
" TOXX,05,2159" for a PDIA
"TOXX,05,DDIA" for a DDIANote:
XX=C0 for ACS call site employees or S0 for ACS Support employees
All Other Functions document on AMS the agreement was sent to the manager for approval and the type of IA -
When a manager reviews an IA request for approval, document the following if approved:
IF THEN ACS managers or approvers Add ACS history code:
"OADT,21,PPIAAPP" for PPIA approvals
"OADT,21,60APP" for all other IA approvals
Document AMS commentsAll other functions Document AMS comments:
"60APP" for all other IA approvals
"PPIAAPP" for a partial pay IA or similar documentation to note the review was completed and approved-
If AMS is unavailable, input a history on ENMOD.
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If the manager does not agree the IA be granted, return the case to the originating employee for follow-up. The manager should document the reason the agreement was not approved in AMS comments.
Note:
If the manager cannot approve the agreement because additional information is needed, contact the taxpayer for the additional information.
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For telephone contact requests requiring managerial review, advise the taxpayer they will receive a letter from us with our determination of the request within 14 days. If the agreement is accepted, input the IA and send a Letter 2273C with IA terms and conditions.
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Review the IA request meeting all of the pending IA criteria; to determine if the IA should be rejected: IRM 5.19.1.5.5.6., Pending Installment Agreement Criteria.
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After researching the account, Accounts Management and Compliance employees must use the following criteria to determine if the IA should be rejected:
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No financial information was provided when requested based on the taxpayers written request and the request does not meet streamline criteria
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For ST 22 accounts, the taxpayer did not provide financial information as promised
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The calculation of the financial statement per complete input of the AMS financial screens shows the taxpayer has the ability to full pay the balance
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The calculation of the financial statement per complete input of the AMS financial screens shows the taxpayer has the ability to pay more than they propose and the taxpayer refuses to pay the increased amount, unless the five year rule is met and additional expenses are accepted. For further information: IRM 5.19.1.6.2.7.
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The taxpayer is not current in making FTD deposits
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The taxpayer refuses to agree to make estimated tax payments during the IA
Note:
The taxpayer must be current from the date the IA is accepted.
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For ACS/ACSS cases, assigned TOR6, TOS5 and the only information on the module is a TC 971 AC 043 indicating a pending IA, take the following actions:
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Always attempt to first contact the taxpayer by phone to resolve the request for an agreement
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If unable to call the taxpayer or a message was left for the taxpayer to call back by the next business day and the taxpayer did not call back, send Letter LT24
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If no response from the taxpayer by the Letter LT24 follow-up date, prepare the case for rejection and send to the independent reviewer; for rejection procedures: IRM 5.19.1.5.5.9., Rejected Installment Agreement Independent Review
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Input history code "OADT,05,INDREV"
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Requests solely to delay collection action are rejected but not sent for independent review and do not have appeal rights. Do not input a TC 971 AC 043. Follow procedures in paragraph (5) below for actions to take when rejecting an IA request. The following requests for an agreement are included in this category:
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The taxpayer repeatedly defaults on their Installment Agreement and requests a new agreement or reinstatement without any change in circumstances.
Example:
The taxpayer continuously makes none, one or two payments and defaults, subsequently requesting reinstatement.
Exception:
If the taxpayer has extraordinary circumstances that may affect the decision to reject the request. Refer the request to your manager for a decision allowing or denying the request.
Example:
Examples of extraordinary circumstances include, but are not limited to::
A chronic health condition
An unanticipated interruption in employment -
The taxpayer request was rejected and they submit a second request without addressing the changes, information, tax returns, etc.
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The request is unreasonable and does not reflect the taxpayer's ability to pay, or nominal amount is requested ($1 per month), or made without reference to their true ability to pay with no financial information supporting the request.
Note:
Do not classify as a "solely to delay " IA if the taxpayer is experiencing an extraordinary circumstance.
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Take the following actions when rejecting an IA request in paragraph (4) above:
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Send Letter 2272C, Installment Agreement Cannot Be Considered, to deny the request
Reminder:
Do not include the paragraph for appeal rights.
Note:
FA will inform the taxpayer verbally the IA is being denied. If not a face-to-face interview, send an FA-prepared letter and no appeal rights are given.
IF THEN Notice Status Accounts Input CC STAUP 2205 and input history on AMS: "Agreement request is solely to delay collection, IAREJ, no appeal rights" and provide an explanation. ACS/ACSS allow 30 days for response. Assign case: -
TOR5 if levy sources are available and LT11 was issued
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TOI8 if levy sources are available and LT11 was not issued Input history on AMS: "Agreement request is solely to delay collection, IAREJ, no appeal rights" and provide an explanation.
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IRC 7122(e) requires the Service to review all proposed rejections of taxpayer requests for IAs prior to communicating the rejection to the taxpayer and giving the taxpayer the opportunity to appeal. Only requests meeting all criteria are required to be identified as a pending agreement, have an independent review prior to rejecting the request to make payments, and be given appeal rights. For criteria: IRM 5.19.1.5.5.6., Pending Installment Agreement Criteria.
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If during a telephone contact the taxpayer requests an IA and you propose for rejection, advise the taxpayer:
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The Installment Agreement is subject to review and approval
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Collection actions are suspended until the taxpayer is given a decision regarding the request
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You will attempt to call back within five 5 days
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If unable to reach the taxpayer by phone, they will receive a letter with our determination of the request within 14 days
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Take the following actions to prepare the case for review before informing the taxpayer of the rejection:
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Ensure the account meets pending IA criteria and the TC 971 AC 043 is input on all balance due modules
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Enter the proposed payment amount and due date in AMS comments
Note:
This information may be used to establish the IA if the Independent Reviewer does not uphold the rejection of the IA.
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Input the following history items to annotate the account referral to Independent Review for rejection:
Notice Status accounts: Input CC STAUP 2209 and open a control base; enter "INDREV" in the activity code field and update comments in AMS ACS Support Sites: Input history "TOS5,05" , "INDREV" in ACS and update comments in AMS ACS Call Sites: Input history "TOR6,05,INDREV" and update comments in AMS -
Prepare Form 12233, Request for Installment Agreement - Independent Review Prior to Rejection
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Attach correspondence, AMS comments, financial information, CC ICOMP or Decision IA, CC IMFOL/BMFOL prints, Form 4442, and any other documents supporting your decision to reject the IA to the Form 12233, as appropriate.
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Forward the completed Form 12233 with attachments to the Independent Reviewer in your site.
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The case is reviewed by the Independent Reviewer and returned to the originating employee within five days. The decision to uphold a rejection must be supported by one or more of the following factors:
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The calculation using CC ICOMP, Decision IA, or the financial statement supports the proposed rejection.
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The taxpayer does not meet streamlined authority and financial information is needed before the IA request can be considered; and, the financial information cannot be obtained from the taxpayer at this time.
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The taxpayer has no ability to pay.
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The taxpayer is not current in the current quarter in making FTD deposits.
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The taxpayer refuses to agree to make estimated tax payments during the Installment Agreement.
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The taxpayer broke a promise to call back with financial information.
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The taxpayer has not responded to ACS Letter LT24 , We Received Your Payment Proposal.
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If the rejection is sustained, the reviewer does the following:
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Complete Section II on Form 12233 signifying concurrence with the rejection
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Provide a brief comment in Section IV on Form 12233
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Return the case to the employee for immediate action
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Enter comments on AMS stating the reasons for concurrence
If rejecting an IA request for a ST 22 account, input history code "OADT,03,OK2REJ" on ACS If rejecting an IA request for a non-ACS account, update the activity on the open control on IDRS to "OK2REJ" ; change the status of the open control to Monitored (M); for case disposition:
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If the rejection is not sustained:
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Complete Section II on Form 12233 ensuring to indicate why the rejection is not agreed
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Enter comments on AMS stating the reasons why the rejection is not appropriate:
If reviewing an IA request for a ST 22 account, input history code "OADT,03,NOREJ" on ACS. If reviewing an IA request for a non-ACS account, update the activity on the open control on IDRS to "NOREJ" -
Return the case to the employee’s manager for immediate action.
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If the originating employee does not agree with the reviewer’s opinion, resubmit the rejection proposal to the reviewer with additional comments for a second review.
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If no resolution can be reached, the case is elevated to the second management level in the Operation submitting the IA rejection for a decision.
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If the reviewer agrees with your decision to reject the agreement, notify the taxpayer of the rejection. For all telephone requests, attempt to contact the taxpayer by phone. If contact is made, inform the taxpayer of the rejection and appeal rights. For all requests, for telephone and correspondence, send Letter 2272C. Contact for telephone requests must be made as soon as possible. Include the following in all responses:
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Reason for rejection
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Action the taxpayer needs to take
Example:
Complete financial form, full pay balance, etc.
Note:
If you are requesting a financial statement, give the taxpayer the appropriate address to return Form 433-F , Collection Information Statement.
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Set a firm date for taking appropriate action such as returning financial information
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Give the taxpayer CAP appeal rights and send Publication 594, The IRS Collection Process, and Publication 1660, Collection Appeal Rights; for appeal procedures. (See IRM 5.19.8)
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Input comments on AMS reflecting the reason for the rejection. If AMS is not available enter "IAREJXXXXX" history item on ENMOD.
Example:
Installment Agreement was rejected because the taxpayer did not provide financial information, enter history item as"IAREJCIS" .
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If the account is in ST 22, you must warn the taxpayer of enforcement action. IRM 5.19.1.8.
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No collection action or change to the existing agreement status should be made without first giving the taxpayer an opportunity to discuss their situation with an employee, the next level of management, and/or file an appeal of the rejection.
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Take the following actions to suspend the rejected account:
IF THEN For Notice Status accounts: Input CC STAUP 2209 and enter "IAREJmmdd" in the activity field on the open control; update comments on AMS For ACS accounts: Enter history code "OADT,60,IAREJ" and update comments on AMS -
Forward the file, including Form 12233, to an IA rejection suspense file to be maintained for 60 day follow-up
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If the independent reviewer disagrees with your decision to reject, take the following actions:
If... Then... You agree with the reviewer's decision -
Input the Installment Agreement
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Send Letter 2273C, Installment Agreement Accepted - Terms Explained, letter
You disagree with the reviewer's decision Resubmit for review with additional comments through your manager If agreement cannot be reached Forward to the second management level for the Operation submitting the Form 12233 -
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ACS/ACSS Monitor inventories on ACS using R6 inventory with the literal "IAREJ" . A suspense file is maintained for rejected Installment Agreements. The designated lead monitors the suspense file.
ACSS monitor inventories on ACS using S5For Large Dollar (LG$) only: Use a suspense cover sheet for the case file documents and forward them for filing. Annotate "IAREJ" on the cover sheet. Form 12233 is filed separately, as large dollar files are sizeable. ESTABLISH A REJECTED INSTALLMENT AGREEMENT SUSPENSE FILE Management provides an identifying control number on IDRS in a Monitored (M) status so an Aged Case Listing can be used to monitor the inventory. The file must be purged weekly. .
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Cases are suspended for 60 days allowing the taxpayer time to receive information, take appropriate action, and mail the information back to us; this includes information needed to establish an agreement or file an appeal.
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Cases are filed in date and alpha order, respectively.
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If you receive correspondence responding to a case held in the suspense file, associate the correspondence with the file and return it to the appropriate employee to complete processing.
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If there is an open control base on IDRS the employee must be contacted. A control indicates an area or person is waiting for specific information from the taxpayer to close their case. See Document 6209, Section 14, Case History Status Code.
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Each week, purge the cases from the rejected Installment Agreement file having exceeded their suspense period. Once the 60 day suspense period expires, check IDRS and AMS comments, seeing if any action was taken on the account, and if the TC 971 AC 043 is still on the module. If the balance due modules are in ST 60, destroy the Form 12233 and all attachments.
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Input TC 972 AC 043 via CC REQ77 to reverse the TC 971 AC 043 using the expiration date of the 60 day suspense period.
Exception:
If research indicates the case was referred to Appeals or someone is working the case, do not reverse the TC 971 AC 043.
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For ACS cases, work the R6 inventory, for ACSS work the S5 inventory. Proceed with next case processing or work inventory lists, as appropriate. Proceed with collection action by issuing Letter LT11 if levy sources are available and no Letter LT11 was previously issued, or reassign the case "TOR5,21,LEVY" if levy issuance is the next appropriate action.
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Place these cases in the twelve month suspense file for one year after the rejection was communicated to the taxpayer. After one year from the date of rejection, purge these cases from the file and destroy. (See IRM 1.15.52)
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Do not forward correspondence or refer the taxpayer on an account when there is an open control in an "M" status with an activity code of "IAREJ" .
Example:
Substantiation for financial information obtained from the taxpayer, etc.
Exception:
If the account is controlled in "M" status, Installment Agreement rejected for missing information, when the taxpayer responds with second request and we are still unable to grant an agreement, take the following actions
Forward the correspondence or refer the account via Form 4442 , Inquiry Referral, to the area with the open control for final resolution of the request. The file in "M" status may have the missing information needed to grant the agreement. If the agreement cannot be granted, follow procedures for rejecting the request and associate the closed file with the new case. This eliminates the problem of more than one closed file if the taxpayer appeals our rejection and the Appeals Officer requests the rejection information.
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Do not refer a taxpayer to the Innocent Spouse Operation when they request an Installment Agreement and there is an unreversed TC 971 AC 065. Follow procedures below to process these requests. If the TC 971 AC 065 is reversed, follow normal procedures to establish on the MFT 31 module.
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If the non-requesting spouse requests an Installment Agreement, establish the agreement on the MFT 31 module for the non-requesting spouse.
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If the requesting spouse requests an Installment Agreement and there is an unreversed TC 971 AC 065 on any balance due module, take the following actions.
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Follow normal procedures to determine if the taxpayer qualifies for an Installment Agreement, but exclude any module with an unreversed TC 971 AC 065; establish the Installment Agreement as an MMIA:
IRM 5.19.1.5.5.18., Manually Monitored Installment AgreementsException:
If the TC 971 AC 065 is not reversed, but the taxpayer states they were granted partial relief and has the "Allocation Worksheet" stating the amount they still owe, include the tax period and amount in the Manually Monitored Installment Agreement. Sometimes this is the only module the taxpayer owes, but other balance due modules could be included.
Reminder:
DO NOT refer these taxpayers to the Innocent Spouse Operation.
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When determining if the Installment Agreement will be full paid within the CSED, include all modules including those with TC 971 AC 065. Since we are unsure if the claim will be approved, we must determine if the account will be full paid within the CSED if the TC 971 AC 065 is reversed, disallowing the claim. If the account will not full pay within the CSED, follow partial pay Installment Agreement procedures:
IRM 5.19.1.5.6.Note:
All requests for innocent spouse relief, filed after December 20, 2006, toll the CSED; use caution in determining the CSED; for many years, the CSED may still be tolled at the time you consider the request for an Installment Agreement. (See IRM 25.15.8.9 )
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If the taxpayer qualifies for an Installment Agreement, establish the Installment Agreement using Manually Monitored procedures: IRM 5.19.1.5.5.18., Manually Monitored Installment Agreements
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Once the Innocent Spouse determination is made, and the TC 971 AC 065 is reversed, this MMIA can be input on IDRS
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If the Innocent Spouse claim is later denied, and the taxpayer requests to add this new liability to the Installment Agreement, follow normal procedures for adding a new liability: IRM 5.19.1.5.5.22., Adding New Liability to an Existing Agreement
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If a customer states they are divorced or separated they may meet the criteria for the MFT 31 mirror process.
Note:
The mirror assessment process is not to be confused with the MMIA or split assessments
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After a jointly filed balance due tax return is processed, and a MFT 30 account is on IDRS, both taxpayers are responsible for the liability. Analysis of the account may indicate that one or both taxpayers on the jointly filed return may qualify for a separate Installment Agreement (I/A) and/or meet Currently Not Collectable (CNC) criteria. Inform the taxpayer of this option and the benefits. If the action is agreed upon the Internal Revenue Service (IRS) will start the mirroring process on taxpayers’ account The MFT 30 account is "mirrored " into two separate MFT 31 accounts when one taxpayer on a jointly filed return needs to be treated separately from the other taxpayer based upon the following triggers and may be referred for an MFT 31 IA/CNC referral:
Triggering Event Joint MFT 30 Liability and Either taxpayer: Installment Agreement (IA) Is not able to full pay today or with extension to pay, and requests a separate installment agreement. Currently Not Collectible (CNC) Proves not able to make monthly payments -
The IRS will determine if the account meets the criteria for MFT 31 "mirrored" accounts, Installment Agreement (I/A) and or Currently Not Collectable (CNC). Make a determination when one of the following are received:
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Analyzing the ability to pay using the AMS financial statement
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Joint liability
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A Form 433D, Installment Agreement request for individual / separated IA’s, or
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Taxpayer has been determined to meet CNC or hardship criteria, or
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Taxpayer correspondence or request indicates they qualify for CNC or IA and they want separate treatment from their spouse.
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If any of the following conditions exist, the account does not meet mirroring criteria:
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There is a credit balance on the module to be mirrored.
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The name control is different on Command Code (CC) INOLES
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Either SSN begins with a nine (9)
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Bankruptcy
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Invalid Secondary SSN or Taxpayer Identification Number (TIN):
Note:
Accounts that do not meet mirroring criteria see IRM 5.19.1.5.5.18, Manually Monitored Installment Agreements.
IF THEN Both SSN’s are valid Proceed with mirroring the module. The primary SSN is invalid. Proceed with referral process. Master File (MF) will create the MFT 31 module because the MFT 30 module was established under this SSN. Exception: Accounts with temporary SSN’s require Non-Master File (NMF) 20 processing. Temporary SSN’s are those beginning with a "9" . The secondary SSN is invalid Do not attempt to mirror the module unless the invalid condition is resolved. Input of the transaction codes and action codes to create mirror modules will result in Unpostable Code (UPC) 168, Reason Code (RC) 0 due to the invalid secondary SSN condition. Example:
John and Mary Doe filed a joint return. Mary didn’t inform the Social Security Administration (SSA) of her name change from Beloit to Doe. When compared with SSA records (CC INOLES), her SSN is indicated on IRS records as an invalid condition.
Once verified none of the disqualifying account conditions are present, .
Note:
If the taxpayer does not meet the above criteria, continue with Manually Monitored Installment Agreement (MMIA) process, IRM 5.19.1.5.5.11. Innocent Spouse, and IRM 5.19.1.5.5.18., Manually Monitored Installment Agreements.
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To Refer the account for mirroring, prepare Form 4442 documenting the following information:
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Taxpayer name line and MFT 30 TIN
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Name and TIN of taxpayer making the request
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Identification of requestor, i.e. secondary taxpayer
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Current address of the taxpayer making the request (can be the same address as the primary’s address)
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All telephone numbers of the taxpayer(s)
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Tax years to be included
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IA information, including: amount(s); due date(s); and start date provided to the taxpayer; Agreement Locator Number; Originator Codes; User Fee Code
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For CNC accounts, indicate TC 530 closing code 24-32
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Annotate "MFT 31 Mirror" in the "Referring To " or "Referral Type" boxes
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Take the following actions on Notice and ACS status accounts when referring for "mirroring" :
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Input CC STAUP XX09
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Input TC 971 AC 043 on the TIN belonging to the customer making the IA request.
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Make a lien determination and file the lien if required
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For IA send Letter 2273C
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For CNC send Letter 484C
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Document all actions on AMS
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CC LPAGE prints, copy of IDRS completed letter 2273C/484C
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Any pertinent documentation including financial information, if financial analysis was required.
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Refer the case to PSC on Form 4442 and route onForm 3210 to: http://serp.enterprise.irs.gov/databases/who-where.dr/addresses.dr/mirrored_assessments.htm CSCO, address provided for Mirrored Assessments.
Note:
In order to effectively control and monitor the transshipment of the proposed mirrored accounts, all completed Forms 4442 and/or Installment Agreement requests must be accompanied by Form 3210 , Document Transmittal, and sent within 7 days to PSC CSCO , with required prints (g above) and documentation (h above).
If warranted Managerial Approval is required before taking the following actions: IRM 5.19.1.5.5.7. for IA and IRM 5.19.1.7.1.12 for CNC approval guidelines.ACS TOS3,60,MFT31 TAS Cases Remain in S7 for Monitoring Note:
The determination of lien, CNC and IA will be made by the originator and documented on Part I, Part II and Part III Section B of the Form 4442 , Inquiry Referral
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PSC CSCOactions to verify the validity of the IA/CNC cases to be mirrored upon receipt. Check Form 3210, Document Transmittal, to verify:
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The case count on the Form 3210
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The SSN and tax years to be mirrored
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The joint MFT 30 account filing status per tax year
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Supporting documentation is attached
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Case is in Notice or Collection status
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If any of the following conditions exist on a joint MFT 30 account, the account cannot be mirrored:
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A credit balance on the module
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Name control is different on Command Code (CC) INOLES
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Either SSN begins with a nine (9)
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Bankruptcy
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Invalid Secondary SSN or Taxpayer Identification Number (TIN)
Note:
Accounts that do not meet mirroring criteria see IRM 5.19.1.5.5.18, Manually Monitored Installment Agreements.
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Remove TC 971 043 (pending IA) before mirroring an account.
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When all preliminary actions and validations have been completed, the joint liability periods are ready to be mirrored. Take the following actions:
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Control the case on IDRS using "MFT31/IA or MFT31/CN" C as the activity code and "COLL" as the category code.
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Send the taxpayer a 2644C letter advising them of the length of time required to process the necessary actions on the case.
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Using CC REQ77, input TC 971 AC 10X (i.e. AC 107 for an IA or AC 109 for CNC), on MFT 30 cross reference Primary TIN.
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Input TC 971 AC 10X (AC 107 for an IA or AC 109 for CNC), on MFT 30 cross reference Secondary TIN.
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Input TC 971 AC 145 on the MFT 30 with a Posting Delay Code (PDC) of 1.
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Document actions on AMS.
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Two cycles after input of the three transactions, TC 971 AC 107s or 109s and TC 971 AC 145, "mirror modules" on MFT 31 will generate under both the primary and secondary SSN’s.
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The TC 971 AC 145 will appear with "RXXX" re-sequence code due to PDC 1 used. Input of TC 971 AC 145 on the MFT 30 module generates a TC 400 and creates both MFT 31 modules. MFT 31 modules will post in the next cycle. Individual Master File (IMF) will mirror all transactions from MFT 30 to MFT 31, including the TC 400. TC 400 will zeros out the account balance on MFT 30.
Note:
Once the mirror modules are created and the TC 400 posts, the MFT 30 and the MFT 31 modules will have an M- freeze code and will be in Status 29.
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Monitor MFT 31 modules and posting of TC 400 on MFT 30. Verify that three modules are present:
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One joint MFT 30 module
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One MFT 31 for the primary
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One MFT 31 for the secondary
After both MFT 31 modules are established and TC 400 has posted to the MFT 30 and MFT 31 modules, input TC 972 AC 145 on the MFT 30 and MFT 31 modules:
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Input TC 972 AC 145 on MFT 30
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Input TC 972 AC 145 on MFT 31 Primary SSN
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Input TC 972 AC 145 on MFT 31 Secondary SSN
Note:
A TC 972 AC 145 generates a TC 402 to bring the module balance back on all three MFT’s and removes the M- freeze.
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A TC 971 AC 132 will systemically generate on the MFT 30 module after the TC 402 posts. A TC 971 will generate a TC 604 credit to close out the balance due on the MFT 30. The MFT 31 "mirrored modules" will be exact copies of the MFT 30 module. The MFT 30 tax module will be in Status 12. The balance due will remain on both the MFT 31 modules. The MFT 31 modules will generally reflect the Collection Status of the tax module immediately prior to the MFT 30 module going into Status 29.
Note:
The debt has not been satisfied because the MFT 30 module has a zero balance. The balance due now exists for both parties on the MFT 31 modules created.
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Monitor for the posting of all the TC’s on MFT 30 and both MFT 31 modules. Once the mirroring assessment is complete:
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Input TC 972 AC 043 on the MFT30 account
Note:
This transaction code will only be reversed if there is a TC 971 AC 043 on the account.
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Input the required closing action (CNC or IA) on MFT 30 accounts
CNC – For CNC accounts indicate TC530 cc (24-32). The cc code will be notated on the Referral Inquiry Form 4442 or 433D
IA - Input the installment agreement using the information notated on Form 4442 or 433D. If this information was not notated follow normal IRM procedures. -
A computer generated TC 971 AC 110 will generate on each of the MFT 31 accounts. This TC will allow payments made to either account to cross reference. Research both taxpayer accounts for IA payments. If payments are found posted to the MFT 30 of either taxpayers account, input a credit transfer to apply them to the IA on the MFT 31 account as originally intended.
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Input 971 cc043 to both MFT 31 modules
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The input of Installment Agreements provides closure of telephone inquiries or correspondence; for Input of IAs:
See Exhibit 5.19.1-6
See Exhibit 5.19.1-7
Note:
For ACS accounts when inputting the Installment Agreement, use ACS history code "TOC0,21,IADONE" ("TOS0,21,IADONE" for ACS Support. When managerial approval is required: .IRM 5.19.1.5.5.7., Installment Agreement Managerial Approval.
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If the account has a TSIGN of "0110" or "0120" , change the TSIGN to "0000" using CC ASGN (I or B); if the agreement defaults and goes back to ACS, it loads into the appropriate inventory; for input procedures see IRM 2.4.27 .
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Cross-reference agreements can be a combination of IMF/BMF or IMF/IMF; for input procedures: IRM 5.19.1.5.5.3., IMF/BMF Related Accounts.
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All Installment Agreements not immediately input onto IDRS, such as those requiring managerial approval. The following items must be documented on AMS:
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Type of agreement (433-D, PDIA, or DDIA)
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Payment amount(s) and date(s)
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Agreement Locator Number (ALN)(Exhibit 5.19.1-9.)
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Originator Code (Exhibit 5.19.1-10.)
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User Fee Code (Exhibit 5.19.1-11.)
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"No Asset PPIA" or "Retained Equity PPIA" , if appropriate
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Use systemic confirmation Letter 3217C when inputting the agreement via CC IAGRE unless there are other issues to address; for information on sending Letter 3217C See Exhibit 5.19.1-6. and Exhibit 5.19.1-7
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Use Letter 2273C when Letter 3217C is not appropriate. For the return address and payment address, use the CSCO campus having jurisdiction.
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The originator code identifies:
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The function initiating the agreement
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The type of agreement and is used to track dollars collected for each agreement; for Installment Agreement Originator Codes:
Exhibit 5.19.1-10.Reminder:
It is particularly important IA accounts are coded correctly; we are required to report dollars collected to Congress on these types of cases. For revisions to agreements that are no longer in Installment Agreement status (6x), ensure you input the appropriate originator code.
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Select the originator code applicable to the IA; for Installment Agreement Originator Codes: Exhibit 5.19.1-10.
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Originator codes can be updated when agreements leave Status 6X and are re-established; originator codes cannot be changed when the account is in Status 6X.
Exception:
The originator code can be updated on a Status 60 account provided the update is completed by Friday of the same cycle the Installment Agreement is established.
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TC 971 AC 063 generates on the modules two weekends after input of the IA on IDRS; TC 971 AC 163 generates to reverse the AC 043 and AC 063 when the Installment Agreement becomes full paid or defaults and leaves status 6X.
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The originator code:
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Identifies the function initiating the agreement
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Indicates whether the IA is under the streamlined procedures or is a regular agreement where a financial statement is required
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Tracks the dollars collected on each agreement; for additional information:
Exhibit 5.19.1-10., Installment Agreement Originator Codes
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Streamlined IA originator codes must be input on agreements up to $25,000 aggregate unpaid balance of assessment (CC SUMRY) meeting 1/60 criteria.
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Regular term installment agreement originator codes must be input on all agreements requiring financial statements, including the AMS financial screen, Form 433-F, Collection Information Statement, or the ACS financial screen. Regular term agreements include:
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All agreements over $25,000 aggregate unpaid balance of assessment (CC SUMRY)
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All agreements not meeting 1/60 criteria regardless of dollar amount owed
Reminder:
It is particularly important that IA accounts are coded correctly, as we are required to report dollars collected to Congress on such cases. For revisions to agreements that are no longer in installment agreement status (6x), input the appropriate originator code.
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Select the originator code applicable to the IA; for additional information:
Exhibit 5.19.1-10., Installment Agreement Originator Codes
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After input of the originator code when the installment agreement is established, you may update the originator code when the agreement left ST 6X and is being re-established; provided it is any ST 6X status, you are blocked from changing the originator code. Effective January 2006, the IAGRE command code was updated allowing changes to the originator code after input as long as it is within the same cycle the installment agreement is established
Example:
You input the agreement on Monday, and quality or managerial review finds you used the wrong originator code; you have until Friday of that week until the computer is brought down for the weekend update to change the originator code; times can vary by sites, 12:00 am, 1:00 am., etc.
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A Direct Debit Installment Agreement (DDIA) is an agreement for which the taxpayer authorizes the IRS to request electronic transfer of funds from their checking account or shared draft account to the IRS; such payments are withdrawn on the same date each month.
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If the taxpayer requests to make Electronic Funds Transfer Payments (EFT) through the internet using online banking methods, it is considered a regular Installment Agreement and not a DDIA.
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Advantages to the taxpayer include:
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Reduced user fee
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No check to be mailed
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Postage savings
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No check processing charges
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No problem remembering to make the monthly payment
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To establish a DDIA, the taxpayer must submit a voided check or the routing and account number with their request.
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Banking law requires the service to maintain a file of all DDIA’s within CSCO, either by paper or electronic media. (guidelines to be established by HQ).
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Faxed signatures can be accepted by Compliance/Appeals employees after speaking with the taxpayer; faxed copy must be documented with the date of contact.
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All DDIA requests received in functions other than CSCO are routed to the CSCO DDIA liaisons with jurisdiction for the taxpayer account for SB/SE Campuses. W&I DDIA requests are consolidated at three campuses:
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Andover
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Atlanta
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Kansas City
Inform the customer a 30 day verification process takes place between the IRS, our processing bank and the customers bank. Then the customer will receive a paper CP521 requesting the User Fee and their first payment. It will take up to 8 week after the 30 day verification before we request the first electronic payment (could be up to 3 months total).
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Based on Balance Due State Mapping, route the DDIA to the appropriate CSCO site.
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DDIA requests received in CSCO should be input by the receiving CSCO campus; the receiving campus must maintain these files to work various listings generated by the DDIA program
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Any subsequent revisions to a DDIA are input through IDRS by the receiving CSCO site. Once input, the request must be mailed to the site inputting the original DDIA to associate it with the original file. Use the CSCO Campus address see, SERP Campus DDIA Liaisons for routing information; ensure the case is annotated with the following:
"For Association with an Existing Case File"
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If necessary to review the paper DDIA request, use the Service Center Contact listing on SERP under Campus DDIA Liaisons; the site forwards the case file or notification the file cannot be found by fax within 48 hours to the requestor.
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If a customer makes a telephonic request for a DDIA, establish as a regular IA and tell the customer to make his payments manually. Send the customer a Form 433D to complete, and provide the appropriate CSCO return address. Tell the customer he will be billed for the $105 User Fee and CSCO will revise to a DDIA upon receipt of the request and credit $53 back to tax.
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For new DDIA agreements or those for which the taxpayer is changing banks, routing numbers or account information, banking law regulations require the taxpayer, or one of the taxpayers for a joint account, named on the bank account to authorize the direct debit process by signing the request. Instruct the taxpayer to send a signed copy of the request with a voided check from their new bank, showing the new routing number and account number, to the appropriate consolidated site. All functions can accept a signed request for a new or revised DDIA by fax
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For revised DDIA agreements - new banking information with an existing DDIA do the following:
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Secure a new Form 433D with a new signature - and a voided check
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Inform the taxpayer he/she will receive a letter of confirmation from CSCO once their DDIA has been converted to the new account.
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All employees outside of CSCO Express Mail requests to the CSCO, DDIA Liaison http://serp.enterprise.irs.gov/databases/who-where.dr/ddia_liaison.htm at campus with jurisdiction of TP account with 3210. Note on 433D "REVISED DDIA".
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Advise the taxpayer monthly reminder notices are not issued on DDIAs. Taxpayers not keeping up-to-date records often default on their Installment Agreement due to insufficient funds in their bank accounts. Advise the taxpayer to keep their records up to date to avoid a default of their Installment Agreement.
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Before forwarding the DDIA to CSCO for input, take the following actions:
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Ensure the Installment Agreement request meets Installment Agreement requirements and pending Installment Agreement crierita.
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If unable to establish an Installment Agreement: IRM 5.19.1.5.5., Installment Agreements
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Follow rejection procedures: IRM 5.19.1.5.5.8., Installment Agreement Rejection Criteria.
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If a financial statement was input, include the Form 433-F, Collection Information Statement, and/or the AMS financial screen.
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Only CSCO employees input, update and reinstate DDIA agreements on IDRS to avoid problems with withdrawing payments
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If not a CSCO employee, mail the request using Express Mail, if available, to the appropriate consolidated CSCO For requests to update or reinstate a DDIA request, except those for which the taxpayer is changing banks, getting a new account or routing number, prepare Form 4442, Inquiry Referral, and fax the information to the appropriate CSCO Operation within 24 hours. CSCO employees must attach the Form 4442, Inquiry Referral, to the original request in the DDIA suspense file.
Exception:
If the IDRS status is 26, input the DDIA without any case analysis, however a request in ST26 that contains a module with an A freeze, should be rejected back to the Revenue Officer. Input appropriate comments to AMS. All IMF and BMF Status 26 DDIA requests are processed at PSC.
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Monthly reminder notices are not issued on DDIAs. Taxpayers not keeping up-to-date records often default on their Installment Agreement due to insufficient funds in their bank accounts. Advise the taxpayer to keep their records up to date to avoid a default of their Installment Agreement.
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If the taxpayer's request does not include necessary information to establish a DDIA agreement, take the following actions:
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Establish the Installment Agreement, requiring the taxpayer to send in payments each month
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When working correspondence, notify the taxpayer a DDIA could not be established due to insufficient information and they are required to send in their monthly payments until we receive complete information to establish the DDIA; send Letter 2273C with attached Form 433-D, Installment Agreement Accepted - Terms Explained, confirmation letter.
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If speaking with the taxpayer, advise they will receive Letter 2273C with instructions on how to request a DDIA; request they complete Form 433-D, and return it, in order to establish a Direct Debit Installment Agreement
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Provide the address of the appropriate consolidated site DDIA liaison.
Note:
Advise the customer to submit part 1 of the Form 433D, destroy part 2 and keep part 3.
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If CSCO receives a request within six months (6) to convert the regular agreement to a DDIA, the taxpayer is sent a letter explaining the terms of the DDIA; CSCO changes the ALN to "03XX" and turn on the DDIA indicator. Fifty three dollars ($53) of the $105 User Fee will be credited back to the tax.
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If a request to convert to a DDIA is received after 6 months, the request is considered a new agreeement and the $52/$43 fee applies.
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Common problems that may arise from a DDIA include:
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The taxpayer requests to change the financial institution, routing number or account number on the DDIA
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An error in debiting the taxpayer's account
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Multiple payments deducted from the taxpayer's account in a single month
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Required payments not deducted from the designated account
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The taxpayer requests to discontinue the DDIA
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The taxpayer requests a "skip"
Note:
Skip criteria must be met, IRM 5.19.1.5.5.20.
If faxing to a CSCO liaison, allow at least ten days prior to the payment date, ensuring time for receipt and processing Note:
Once the payment request is transmitted to the bank, we cannot stop the payment.
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All other employees prepare Form 4442, Inquiry Referral, and fax to the CSCO, DDIA liaisons at the campus having jurisdiction of the taxpayer account. Forward all pertinent information including
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Nature of the problem
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Taxpayer telephone numbers
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Both routing number and account number if available
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Best time to call
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If the taxpayer requests to change financial institutions, routing number or account number, an original signature requesting the change is required.
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For Compliance and Appeals employees only: If speaking to the taxpayer and they are able to fax their signed request, allow the taxpayer to fax the request; for faxed signature requirements: IRM 5.19.1.5.5.13., Direct Debit Installment Agreements.
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If the taxpayer is unable to fax the request or if working correspondence, send the taxpayer Form 433-D, Installment Agreement, and instruct they mail it to the campus having jurisdiction of their account
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If the taxpayer already closed the current account or will close it before the next scheduled payment is due
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CSCO employees only:
Change to a regular Installment Agreement requiring the taxpayer to mail payments until the DDIA information is updated. Update the ALN. Turn off the DDIA indicator. -
All other employees:
Prepare Form 4442 , Inquiry Referral. Fax the form to the CSCO, DDIA liaisons at the campus having jurisdiction of the taxpayer account, within 24 hours. Reminder:
CSCO contacts the taxpayer regarding any problem or if additional information is needed; CSCO must expedite Form 4442, Inquiry Referral, regarding the DDIA to avoid erroneous withdrawals or defaults. Due to the sensitivity regarding voluntary bank debits, the processing time frame is within 72 hours (3 business days) from the date received in CSCO.
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Occasionally, the IRS may erroneously debit a taxpayer’s bank account. Erroneous debits include IRS initiated duplicate debit entries, debit entries in an amount greater than authorized under the DDIA, and debit entries initiated for settlement earlier than authorized by the taxpayer under the DDIA.
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If the IRS erroneously debits the taxpayer’s bank account in violation of the DDIA, and the taxpayer does not seek indemnification directly from his bank, then the IRS must return the erroneous payment to the taxpayer. Thus, once an erroneous debit has been identified, and the IRS has confirmed that the taxpayer is not seeking indemnification from his bank, the IRS should immediately take steps to return the erroneously debited funds using manual refund procedures. IRM 5.1.12.20.1, Manual Refund Procedures.
Note:
In order to initiate the return of the erroneous debit, all that needs to be established is that the debit entry is erroneous and that the taxpayer is not also seeking indemnification from his bank. The taxpayer need not establish hardship or any other criteria. If, however, the taxpayer instructs the IRS to apply the erroneous debit entry to the tax liability, the IRS may follow the taxpayer’s instructions
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Under the Small Claims Act, the IRS may reimburse taxpayers for bank fees incurred due to Service error in implementing a DDIA if the fees were incurred solely because of the Service's error and the taxpayer did not compound the problem. The claim must be filed within one year after the fee is imposed by the bank. Follow the procedures for filing a claim for bank charges due to Service loss or misplacement of a taxpayer check found in IRM 3.17.10.5.