5.19.1  Balance Due

5.19.1.1  (08-17-2010)
Balance Due Overview

  1. Assisting taxpayers in resolving their balance due account(s) is the responsibility of all contact employees, whether speaking with a taxpayer or answering correspondence.

  2. A balance due account occurs when the taxpayer has an outstanding liability for taxes, penalties and/or interest.

  3. Balance due accounts are automatically monitored through computer analysis and placed in a specific status based on age and/or activities.

  4. As a result of computer analysis, several notices are generated to the taxpayer informing them of the balance due outstanding liability.

  5. When a taxpayer balance due inquiry is received, it is important you are aware of the Master File and Collection Status Codes and Definitions to determine whether you should work the account; for detailed information:

    Exhibit 5.19.1-1

  6. For ACS Incoming Calls, see the e-ACSg on SERP under "IRM Supplements" for procedures and telephone techniques to utilize in addressing all compliance issues and controlling the conversation.

  7. Written requests received in CSCO and ACS Support Operations must be controlled within 14 days from the IRS received date or 3 business days from the operation receive date. When a final response cannot be initiated within 30 days, an interim response will be initiated by the 30th calendar day from the IRS received date. Sites using Accounts Management System (AMS) for controlling and monitoring inventory follow AMS guidelines for case control and acknowledgment of taxpayer correspondence. If correspondence is received from a previous area after the 30 days expires and no interim letter was issued, you must send an interim letter within five business days of receipt in your area. Follow all other IDRS control procedures in IRM 21.5.1.4.2.2.

    Exception:

    W&I CSCO ONLY: For peak processing periods, the target time frame for working cases to closure and sending a final response, if required is extended to 45 days. An interim response is still required by the 30th day. (Peak processing time frames can be found in the W&I CSCO Operating Guidelines.

  8. To maintain the accuracy of IRM 5.19.1, send corrections and change requests (not questions) to Headquarters, via the SERP Feedback Application (Database). The SERP Staff forwards SERP Feedbacks to the appropriate Content Owner(s) in Headquarters for consideration of the requested IRM procedural changes.

    Note:

    Before you submit corrections/change requests for IRM 5.19.1 via the SERP Feedback Application (Database), you must consult your Lead or Manager for assistance to verify if this is a valid request for an IRM change/correction.

  9. Always review prior SERP Feedbacks and responses to ensure your issue has not already been addressed. See f. below.

    1. In all functional areas, change requests must be approved by the first line manager or designee and the responsible Planning and Analysis Analyst before submission to Headquarters. All change requests submitted by Quality Review Staff must be approved by the first line manager.

    2. The SERP Feedback Application (Database) procedures must be followed by all field employees as well as the Quality Review Program Staff and are posted on the SERP Feedback Home page.

    3. Before submission, re-examine the requested change(s) and cite supporting documentation. Be specific. Avoid the use of general terms such as "revise procedures" . Submit only one issue/topic per SERP Feedback.

    4. Complete all required fields on the SERP Feedback Form. The Identification field MUST be completed or the feedback will not be forwarded.

    5. All changes are considered, but all may not be accepted. Accepted changes are published on SERP as IRM Procedural Updates (IPUs).

    6. You can view responses to SERP Feedbacks via the SERP Feedback Response by selecting IRM or topic.

  10. DO NOT use the SERP Feedback Form to request changes to the following:

    • Letters - Use Form 1767

    • Notices - Use Form 1767

    • Policy, policy statements, tax law and regulations should be submitted to Headquarters through the Planning and Analysis staff at your site.

    • Systems changes - Use Form 5391

    • Suggestions - Use the electronic Employee Suggestion Program. Please follow the instructions on the IRS Intranet. NOTE: The Employee Suggestion Program should not be utilized to make IRM change requests.

5.19.1.1.1  (11-03-2010)
Disclosure Overview: Verifying Identity of Contact Party

  1. For purposes of identification and to prevent unauthorized disclosures of tax information, follow the chart below:

    If the contact is … Then ...
    Taxpayer See IRM 21.1.3.2.3

    Note:

    For calls on ACS phone lines verification of filing status is not required.

    Mailing and Faxing Tax Account Information See IRM 21.1.3.9(2), Mailing and Faxing Tax Account Information and IRM 11.3.1.10, Facsimile Transmission of Tax Information
    Power of Attorney (POA), Form 2848) See IRM 11.3.3
    Tax Information Authorization (TIA) - Form 8821 See IRM 11.3.3.2
    See IRM 11.3.3.3(1)
    IRM 11.3.3.3 (2)
    Oral Disclosure Consent See IRM 11.3.3.2.1
    Parent/Guardian of Minor See IRM 11.3.2.4.10
    Hearing Impaired (including telecommunications device for the deaf (TDD) equipment See IRM 11.3.2.3.2(2)
    Language or Sign Interpreter See IRM 11.3.2.3.2(2)
    Checkbox Designee See IRM 11.3.3.2.1
    Third Party: Levy Source See IRM 11.3.2.2
    See IRM 11.3.21.1(8)
    Third party: Lien Payoff Refer Financial institutions requesting a lien payoff/release to the Lien Unit at:
    1-800-913-6050
    See IRM 11.3.11.10

    Note:

    Advise taxpayers who have an installment agreement to continue making their scheduled payments until the balance is paid.

    Third party: claiming a willingness and means to pay the balance due See IRM 11.3.21.1 (8)(e)

    Note:

    Wage levy sources requesting a levy payoff/release must be advised to continue sending payments until a levy release is received.

    Third Party claiming a material interest See IRM 11.3.2.4
    Responsible Persons assessed a Trust Fund Recovery Penalty See IRM 11.3.2.4.13

    Note:

    If making out-calls and there is a valid POA on file, you must contact the POA and not the taxpayer.

  2. In general, a Service employee may work directly with a represented taxpayer who contacts the Service to resolve an issue on the taxpayer’s account. Section 6304 precludes, among other things, the Service from communicating with a represented taxpayer in connection with the collection of any unpaid tax unless the taxpayer has given prior consent to that communication. Accordingly, the Service may work directly with a taxpayer to resolve an issue on the taxpayer’s account provided:

    • The taxpayer initiates the contact to resolve the issue on the account,

    • The taxpayer expresses a specific desire to resolve the issue without the involvement of the power of attorney after the Service employee has advised the taxpayer of the current representation, and

    • The taxpayer’s decision to not use their representative, per Centralized Authorization File (CAF), for that tax period and work directly with the Service to resolve the issue is properly documented on DI/AMS for each tax period.

    Example:

    POA was conferenced into the call.

    Example:

    POA will call back.

  3. If a POA is on file, document DI/AMS comments to indicate the TP was advised they have a POA on file and they chose to work directly with the Service to resolve their account. Documentation is required only once for a tax period.

5.19.1.1.2  (05-10-2010)
Documenting Account Actions

  1. You are required to document actions taken on taxpayers accounts and/or actions promised by the taxpayer. Documentation should also include results of tools utilized to determine installment agreement amounts such as from Decision IA, Return Delinquency results such as from Decision RD, and Reasonable Cause Assistor (RCA) etc.

  2. All documentation must be done via DI/AMS, using checklists, or by adding an appropriate issue and narrative. All documentation should be, to the extent possible, completed while the taxpayer is on the phone.

    Note:

    While working paper inventory, if AMS is unavailable, and the case type can be worked to completion via IDRS, work the case on IDRS. When AMS is available, close the AMS control and note AMS: "Case worked on IDRS, AMS down" .

    Note:

    For ACS and ACSS see IRM 5.19.5

  3. Do not use the term "Illegal Tax Protester" (ITP) or similar designations on IDRS, ACS History Codes, or AMS comments. The Internal Revenue Service (IRS) Restructuring and Reform Act of 1998 (RRA 98), Section 3707, prohibits the use of any tax protester designation to describe the taxpayer. If you identify any such reference, immediately inform your manager. Terms such as "frivolous argument" or "tax avoidance argument" are acceptable terms to use.

5.19.1.1.3  (04-01-2011)
Balance Due Outgoing Correspondence Guidelines

  1. A quality product or response is accurate, timely, and addresses all issues based on the information the taxpayer provided.

  2. Responses must:

    1. Address all taxpayer issues

    2. Request additional information, if needed, from the taxpayer

    3. Notify the taxpayer if additional information is needed from outside the Service

    4. Be written in language the taxpayer can understand

  3. Final response to taxpayer(s) must be initiated by the 30th day from the earliest IRS received date, unless the taxpayer has received an interim contact or interim contact has been initiated from us by the 30th day.

  4. Only correspondence received from the taxpayer requesting research, information, or action to his/her account must be answered.

  5. Providing the taxpayer with their current balance due in outgoing correspondence is not required when the taxpayer has made an inquiry such as a request to make payments or where resolution of their balance is being made.

    Note:

    ensure the taxpayer is aware that penalties and interest will continue to accrue and how they are being assessed.

  6. When a payment agreement requires confirmation by letter, provide the address for the CSCO campus with jurisdiction for both the return address and payment address. Do not provide a lockbox address in any "C" letters. Lockbox will only process payments with the CP 521 or CP 523.

  7. Occasionally a Service processing error results in an incorrect or unnecessary letter (2645C). In such instances, acknowledge the error and include an appropriate apology as part of explanatory correspondence to taxpayer. Include a notation on AMS that you apologized for a service error on a particular date.

  8. Information that should be included in outgoing balance due correspondence addressing Installment agreement issues:

    1. Cause and Cure

    2. Penalties and Interest continue to accrue and how they are calculated

    3. The CSCO campus with jurisdiction mailing address

    4. Check annotation

    5. Appropriate forms

    6. Refunds due on future federal returns will be applied to the outstanding liability and refunds on State returns may be levied to be applied to the liability

    7. Envelopes

    8. Ensure payments are mailed five days prior to the due date

    9. User Fee and eligibility for reduction in User Fee

  9. Regular IA requests IRM 5.19.1.5.5.12 Input of Installment Agreement should include:

    1. Terms of the agreement which include the monthly payment and due date

    2. Inform the taxpayer they will receive a monthly reminder notice

    3. If you are adding a pending liability to a current agreement, you must include a paragraph in the letter advising the taxpayer a bill is issued when the tax is assessed, as required by law, but no collection action is taken once we input the agreement and no response to the notice is required

    4. All information listed in (8) above, a thru i.

  10. DDIA requests, IRM 5.19.1.5.5.13.1 Direct Debit Installment Agreement — Form 433–D, Installment Agreement and Form 9465, Installment Agreement Request should include the following:

    1. Terms of the DDIA

    2. Inform the customer a 30 day verification process takes place between the IRS, our processing bank and the customer's bank

    3. The customer will receive a paper CP521 requesting the User Fee and their first payment

    4. It will take up to 8 weeks after the 30 day verification before we request the first electronic payment (could be up to 3 months total).

    5. Advise the taxpayer monthly reminder notices are not issued on DDIAs. Advise the taxpayer to keep their records up to date to avoid a default of their Installment Agreement

    6. If the DDIA is a pre-assessed agreement, inform the taxpayer that their deductions will not begin until after they receive their first notice of balance due

    7. If the taxpayer's request does not include necessary information to establish a DDIA agreement, 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

    8. User fee and eligibility for reduction of the User Fee

    9. Also include information listed in (8) a,b,c,d,f and g

  11. PDIA requests IRM 5.19.1.5.5.14 Form 2159, Payroll Deduction Agreement, should include the following:

    1. Inform the taxpayer the Payroll Deduction Agreement is established and payments will continue to be made until the account is full paid

    2. Inform the taxpayer that even though the payments are being sent by their employer, they will receive a monthly reminder notice for their records

    3. If the taxpayer's request does not include the necessary information to establish a PDIA agreement, notify the taxpayer a PDIA 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 PDIA

      Note:

      Clearly explain what information was insufficient when corresponding with the taxpayer.

    4. Inform the taxpayer the IRS will inform the employer when their account has been full paid.

    5. Inform the taxpayer it is their responsibility to advise us in any changes to their employment.

    6. Include information listed in (8) a thru I above.

  12. 60 to 120 day Full Pay, IRM 5.19.1.5.4 Full Pay Within 60 or 120 Day Agreement, should include the following:

    1. Inform the taxpayer of the balance due with penalties and interest figured to the payoff date.

      Note:

      On Unassessed balances, inform that taxpayer that we accept their request to full pay but can not provide them with a pay off amount. Advise the taxpayer within 6 to 8 weeks they will receive a balance due notice. At that time, they should contact our office for a payoff amount.

    2. Request missing returns

    3. Include information listed in (8).a,b,c,d, g and h.

  13. Currently Not Collectible, IRM 5.19.1.7.1 Currently Not Collectible Policy and Overview,

    1. Inform the taxpayer that collection action will not be taken at this time.

    2. Inform the taxpayer an annual notice will be received reminding them of their balance due.

    3. Inform the taxpayer they can make voluntary payments.

    4. Include information listed in (8) a,b,c,d,g and I

  14. All other issues should be handled accordingly and address the taxpayer's requests and concerns.

  15. The table below provides current Installment Agreement letters that should be used in balance due outgoing correspondence:

    LETTER TITLE
    Letter 0086C Referring Taxpayer Inquiry/Forms to Another Office
    Letter 0167C Payment Missing; Copy of Check-Money Order-Cashier's Check Requested
    Letter 0285C Refund/Overpayment Applied to Account
    Letter 0309C Forms/Publications/Schedules to Taxpayer
    Letter 0387C Record of Account
    Letter 0484C Collection Information Statement Requested (Form 433F/433D); Inability to Pay/Transfer
    Letter 0484SP Collection Information Statement Requested (Form 433F/433D); Inability to Pay/Transfer - Spanish Version
    Letter 0549C Balance Due on Account is Paid
    Letter 0678C Refund/Overpayment Applied Elsewhere
    Letter 0681C Proposal to Pay Accepted
    Letter 0681SP Proposal to Pay Accepted - Spanish Version
    Letter 1961C Installment Agreement for Direct Debit Form 433
    Letter 1961SP Installment Agreement for Direct Debit Form 433 (Spanish)
    Letter 1962C Installment Agreement Reply to Taxpayer
    Letter 1962SP Installment Agreement Reply to Taxpayer - Spanish Version
    Letter 2257C Balance Due Total to Taxpayer
    Letter 2271C Installment Agreement for Direct Debit Revisions
    Letter 2271SP Installment Agreement for Direct Debit Revisions - Spanish Version
    Letter 2272C Installment Agreement Cannot be Considered
    Letter 2272SP Installment Agreement Cannot be Considered - Spanish Version
    Letter 2273C Installment Agreement Accepted; Terms Explained
    Letter 2273SP Installment Agreement Accepted; Terms Explained - Spanish Version
    Letter 2274C Your Request For Installment Agreement Has Been Granted
    Letter 2274SP Your Request For Installment Agreement Has Been Granted (Spanish Version)
    Letter 2318C Installment Agreement; Payroll Deduction (F2159) Incomplete
    Letter 2571C To Employer: Discontinue/Adjust Payroll Deduction
    Letter 2571SP To Employer: Discontinue/Adjust Payroll Deduction (Spanish Version)
    Letter 2603C Installment Agreement Accepted - Notice of Federal Tax Lien Will be Filed
    Letter 2603SP Installment Agreement Accepted - Notice of Federal Tax Lien Will be Filed (Spanish Version)
    Letter 2604C Pre-Assessed Installment Agreement
    Letter 2604SP Pre-Assessed Installment Agreement (Spanish Version)
    Letter 2644C Second Interim Response
    Letter 2645C Interim Response
    Letter 2702C Combat Zone Installment Agreement Situations
    Letter 2789C Taxpayer Response to Reminder of Balance Due (CP71,71A,71C and 160)
    Letter 2840C CC IAPND Installment Agreement Confirmation
    Letter 2840SP CC IAPND Installment Agreement Confirmation - Spanish Version
    Letter 3030C Balance Due Explained; Tax/Interest Not Paid
    Letter 3030SP Balance Due Explained; Tax/Interest Not Paid (Spanish Version)
    Letter 3127C Revision to Installment Agreement
    Letter 3127SP Revision to Installment Agreement - Spanish Version
    Letter 3217C Installment Agreement Accepted; Terms Explained
    Letter 3217SP Installment Agreement Accepted; Terms Explained- Spanish Version
    Letter 3676C To Employer: Payroll Deduction Installment Agreement Letter
    Letter 4212C Reduced Installment Agreement User Fee Accepted (For use by KCSC only)
    Letter 4213C Reduced Installment Agreement User Fee Rejected (For use by KCSC only)
    Letter 4458C Second Installment Agreement Skip
    Letter 4624C Case Closed -- Currently Not Collectible (9/2010)

5.19.1.1.4  (04-28-2008)
Acronyms and Explanations for IRM 5.19.1

  1. The following subsection lists the various acronyms (abbreviations) used in the Balance Due process and used throughout this IRM:

    ACRONYM DEFINITION
    AC Action Code
    ACS Automated Collection System
    ACSS Automated Collection System Support
    ALN Agreement Locator Number
    AM Accounts Management
    AO/TO Area Office/Territory Office
    ASFR Automated Substitute for Return
    ASGNB and ASGNI These Command Codes have five functions used with accounts present on the Taxpayer Information File (TIF); for additional information:
    See IRM 2.4.27
    These functions include:
    1. Controlling and updating taxpayer delinquent account (TDA) and taxpayer delinquent investigation (TDI) assignment numbers

    2. Posting Notice Codes for subsequent processing by weekly analysis

    3. Posting Alpha Case Codes for subsequent processing by weekly analysis

    4. Posting Determined Grade Levels for subsequent processing by weekly analysis

    5. Requesting a printed TDI assignment

    AUR Automated Underreporter
    BLS Bureau of Labor Statistics
    BMF Business Master File: A magnetic tape containing information on each taxpayer's business returns and related documents
    BNCHG Command Code BNCHG updates taxpayer entity information; for additional information:
    See IRM 2.4.9
    BOD Business Operating Division
    BRTVU This Command Code is a terminal response displaying Business Master File (BMF) return information and Numerical List of Section Titles for IDRS Terminal Responses; for additional information:
    See LEM 2.3
    BS Blocking Series
    C&C Cause and Cure
    CAS Customer Account Services
    CC Closing Code or Command Code
    CCP Centralized Case Processing
    CCSC Cincinnati Compliance Service Center
    CCT Call Central Table
    CDP Collection Due Process
    CFOL Corporate Files Online
    CID Criminal Investigation Division
    CIS Collection Information Statement
    CLC Collection Location Code
    CLU Centralized Lien Unit
    CNC Currently Not Collectible
    COIC Centralized Offer In Compromise (Front end processing)
    COMBO Taxpayer's account contains both a balance due and tax delinquency module.
    CSC Cincinnati Service Campus
    CSCO Compliance Services Collection Operations
    CSED Collection Statute Expiration Date
    CSR Customer Service Representative
    CTLV Continuous Wage Levy
    DDIA Direct Debit Installment Agreement
    DEC'D Deceased
    DI/AMS Desktop Integration/Accounts Management System
    DLN Document Locator Number
    DOALL Command Code DOALL allows one to initiate one or more actions on an account; for additional information:
    See IRM 2.4.34
    DPC Designated Payment Code
    EITC Earned Income Tax Credit
    EFT Electronic Funds Transfer
    ENMOD This Command Code provides the name, address and other entity information from input of the taxpayer identification number (TIN); for additional information:
    See IRM 2.3.15
    ENREQ A Command Code with a blank definer is keyed in after a response to ENMOD indicates that the entry is on file. Command Code with definer "R" is keyed in after response to ENMOD indicates the entry is on the filer; for additional information:
    See IRM 2.4.9
    FA Field Assistance
    FCC Full Compliance Check
    FDC Fraud Detection Center
    FICA Federal Insurance Compensation Act
    FOIA Freedom Of Information Act
    FUTA Federal Unemployment Tax Assessment
    IA Installment Agreement
    IAAL Installment Agreement Account Listing
    IADFL These Command Codes are used for installment agreement processing; for additional information:
    See IRM 2.4.30
    IADIS
    IAGRE
    IAORG
    IAPND
    IAREV
     
     
    ICOMP This Command Code computes the balance, including interest and failure to pay accruals, to the date specified in the input; COMPA, which computes interest on a specified amount for a specified period of time, and ICOMP, which computes payment information for installment agreements; for additional information:
    See IRM 2.3.29
     
    ICOMPA This Command Code computes payment information for an installment agreement; for additional information, refer to the ICOMP IRM reference above  
    ICP Integrated Case Processing  
    IDRS Integrated Data Retrieval System  
    IMF Individual Master File  
    IMFOL Individual Master File On-Line; for additional information:
    See IRM 2.3.51
     
    INCHG See ENREQ Command Codes above for information on this Command Code  
    INOLES This Command Code is used as a research tool to display the entity information on the National Account Profile (NAP); the NAP includes extensive Master File entity information for all taxpayers on the Individual Master File, Business Master File (Social Security Number and Employer Identification Number), and Employee Plan Master File. There is also Social Security date (DM-1) and spouse cross-reference data; for additional information:
    See IRM 2.3.47
    Command Code INOLE displays Master File entity data for a specific TIN

    Note:

    "W" is a definer

     
    IRC Internal Revenue Code  
    IRCHG See ENREQ information above  
    IRM Internal Revenue Manual  
    IRPTR Command Code IRPTR, with "W" as a definer, explaining the action, allows users to request online or hardcopy Information Returns Processing (IRP) transcripts from the Information Returns Master File (IRMF); for additional information:
    See IRM 2.3.35
     
    IRS Internal Revenue Service (aka "the Service"  
    ITAS Individual Tax Advisory Specialist  
    KCSC Kansas City Campus (formerly Kansas City Service Center)  
    KIA Killed In Action  
    KITA Killed In Terrorist Action  
    LEM Law Enforcement Manual  
    LEVY A Command Code; for additional information:
    See IRM 2.4.31
     
    LG$ Large Dollar  
    LRA Last Return File (amount)  
    LT Letter  
    LP Letter to a third party  
    MF Master File: A magnetic tape including information concerning all taxpayers filing various types of tax returns  
    MFT Master File Tax Code: A two-digit number identifying the type of tax  
    MOIC Monetary Offer in Compromise  
    MSA Metropolitan Statistical Area  
    MSC Memphis Campus (formerly Memphis Service Center)  
    NFTL Notice of Federal Tax Lien  
    NMF Non Master File: A file including records of accounts for which manual procedures must be maintained  
    NMFL Non Master File Liability  
    NSIA Non-Streamlined Installment Agreement  
    NTA National Taxpayer Advocate  
    OIC Offer in Compromise: A proposal for settlement of tax liability for an amount less then that previously assessed (or unassessed) or a liability for specific penalties assessed (or unassessed)  
    OPA Online Payment Agreement  
    P&I Penalty & Interest  
    POD Post of Duty  
    PPIA Partial Pay Installment Agreement  
    PSC Philadelphia Campus (formerly Philadelphia Service Center)  
    RAIVS Return and Income Verification  
    RC Reason Code  
    REQ77 A Command Code used to request a format to input a transaction on Form 3177, Notice of Action for Entry on the Master Files/IDRS, or a related document; for additional information:
    See IRM 2.4.19
     
    RN Reference Number explaining why penalty is assessed (aka Reference Code)  
    RO Revenue Officer  
    RSI Review Suppress Indicator  
    RSED Refund Statute Expiration Date  
    RTVUE A Command Code providing a display of line items transcribed from the Form 1040 series, and accompanying schedules and/or forms, as the returns are processed at the campuses; for additional information:
    See Document 6209, IRS Processing Codes and Information
     
    SCRA Servicemember's Civil Relief Act  
    SB/SE Small Business/Self Employed Division  
    SFR Substitute for Return  
    SIA Streamlined Installment Agreement  
    SERP Servicewide Electronic Research Program  
    SSA Social Security Administration  
    SSN Social Security Number  
    ST Status  
    STAUP A Command Codes used to delay collection activity; for additional information:
    See IRM 2.4.28
     
    SUMRY A Command Code for research on IDRS for all Master File accounts; for additional information:
    See IRM 2.3.11
     
    TAC Taxpayer Assistance Center  
    TAS Taxpayer Advocate Service  
    TC Transaction Code  
    TCE Tax Counseling for the Elderly  
    TDI Tax Delinquent Investigation  
    TDS Transcript Delivery System  
    TELEC A Command Code used to change telephone number information on the TIF; for additional information:
    See IRM 2.4.29
     
    TELED See CC TELEC information above  
    TELEG See CC TELEC information above  
    TIF Taxpayer Information File  
    TIN Taxpayer Identification Number: Every taxpayer has a permanent number for identification of their account. The Employer Identification Number (EIN) identifies taxpayers on the BMF. The Social Security Number (SSN) is used as the account number of individual taxpayers on the IMF.  
    TPI Total Positive Income  
    TSIGN See CC ASGNI/ASGNB above  
    TXMOD See CC SUMRY above  
    UD Undelivered  
    UF (Code) User Fee  
    UNAX Unauthorized Access  
    VITA Volunteer Income Tax Assistance  
    W&I Wage and Investment Division  
    WOEA Warning of Enforcement Action  

5.19.1.1.5  (05-14-2008)
Forms, IRMs, Exhibits, Notices and Publications for IRM 5.19.1

  1. This subsection lists the majority of the forms, IRMs, Exhibits, Letters, Notices and Publications referenced throughout this IRM; some of the references may be referenced specifically in other subsections.

  2. The following list of forms is commonly used and referenced in this IRM::

    Forms ... Titles ...
    Form 56 Notice Concerning Fiduciary Relationship
    Form 433–A Collection Information Statement for Wage Earners and Self-Employed Individuals
    Form 433–B Collection Information Statement for Businesses
    Form 433–D Installment Agreement
    Form 433–F Collection Information Statement ACS (English/Spanish) and Collection Information Statement ACS (Braille Version)
    Form 668–D Release of Levy/Release of Property from Levy
    Form 668-W(c)(DO) Notice of Levy on Wages, Salary, and Other Income
    Form 843 Claim For Refund and Request for Abatement
    Form 911 Request for Taxpayer Advocate Service Assistance (And Application for Taxpayer Assistance order)
    Form 1040–ES Estimated Tax For Individuals
    Form 1099-R Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc.
    Form 2848 Power of Attorney and Declaration of Representative
    Form 3177 Notice of Action for Entry on Master File
    Form 3210 Document Transmittal
    Form 3870 Request for Adjustment
    Form 4442 Inquiry Referral
       
    Form 8849 Claim for Refund of Excise Taxes
    Form 9465 Installment Agreement Request
    Document 9774 Annual Reminder Notice
    Form 4844 Request for Terminal Action
    Form SS-8 Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding

  3. The following is a list of IRMs, and Exhibits references used in this IRM:

    IRMs (subsection) , and Exhibits Titles
    IRM 2.4.9 Command Codes ENREQ, INCHG, IRCHG, BNCHG and BRCHG
    IRM 2.4.27 Command Code ASGNI/ASGNB formerly TSIGN
    IRM 3.5.20-1 RAIVS Contacts
    IRM 3.13.5.13 Document Processing
    IRM 3.14.1.6.4.4.4 Discovered Remittance
    IRM 4.13.3.8 Closing Procedures
    IRM 4.13.7-1 ASFR - Reconsideration Returns - Centralized Processing Sites
    IRM 4.13.7–4 Central Reconsideration Unit (CRU) Addresses
    IRM 11.3.21.1 Investigative Disclosure, Background
    IRM 11.3.2.4 Persons Who May Have Access to Returns and Return Information Pursuant to IRC 6103(e)
    IRM 13.1 Taxpayer Advocate Case Procedures
    IRM 5.19.2.6.4 IMF Return Delinquency Responses and Inquiries
    IRM 5.19.2.6.4.1 IMF Special Handling
    IRM 5.19.2.6.5 BMF Return Delinquency Responses and Inquiries
    IRM 5.19.5.4.2 Working Contact Inventory
    IRM 5.19.11.3.4.1 Referral Criteria
    IRM 5.19.11.3.4.2 Preparation and Submission
    IRM 5.12.3.2.1 Liability is Satisfied
    IRM 20.1.2.1.2.1 Extension of Time to File
    IRM 21.1.1.11 Informant Contacts
    IRM 21.1.3.2 General Disclosure Guidelines
    IRM 21.1.3.2.3 Required Taxpayer Authentication
    IRM 21.1.3.3 Third Party (POA/TIA/F706) Authentication
    IRM 21.1.3.5 Reporting Agents File (RAF) and Form 8655 , Reporting Agent Authorization
    IRM 21.1.3.8 Inquiries From IRS Employees
    IRM 21.1.3.17 Taxpayer Request for Disclosure of Information
    IRM 21.1.3.18 Taxpayer Advocate Service (TAS) Guidelines
    IRM 21.1.3.20 Oral Statement Authority
    IRM 21.2.3.4 Transcripts Procedures
    IRM 21.3.1.4.63 CP 2501 Pre-CP 2000 Contact Letter
    IRM 21.3.3.4.10.2 Campus Collection Function Correspondence/Inquiry/Notice
    IRM 21.3.3.4.11 Taxpayer Late Replies
    IRM 21.3.4.10.2 Return Preparation Criteria
    IRM 21.3.5 Taxpayer Inquiry Referrals Form 4442
    IRM 21.3.5.4.4.1 Directing Taxpayers to Taxpayer Assistance Centers (TAC)
    IRM 21.3.7.3 CAF Function
    IRM 21.5 Account Resolution
    IRM 21.5.2.3 Adjustment Guideline - Research
    IRM 21.5.3.4.16.8 Identifying Frivolous Returns/Correspondence and Responding to Frivolous Arguments  
    IRM 21.5.7 Payment Tracers
    IRM 21.5.7.4.6.9 Payment Not Located
    IRM 21.5.7.4.7.4 Lockbox Payments
    IRM 21.6 Individual Tax Returns
    IRM 21.7 Business Tax returns and Non-Master file Accounts
    IRM 21.7.2.4.4 Deposits
    IRM 21.7.2.4.22 Attributed Tip Income Program (ATIP)
    IRM 25.1 Fraud Handbook
    IRM 25.6.1 Collection
    IRM 25.15.1.6.1 Routing of Form 8857

  4. The following list includes letters with titles referenced in this IRM:

    Note:

    Spanish versions letters use the same numbers with the additional letters of "SP" as a suffix.

    Correspondence Letters Titles
    Letter 86C Referring Taxpayer Inquiry/Forms to Another Office
    Letter 484C Collection Information Statement Requested ( Form 433-F/Form 433D); Inability to Pay/Transfer
    Letter 2271C Installment Agreement for Direct Debit Revisions
    Letter 2272C Installment Agreement Cannot Be Considered
    Letter 2273C Installment Agreement Acceptance & Terms Explanation
    Letter 2318C Installment Agreement; Payroll Deduction (F2159) Incomplete
    Letter 2702C Combat Zone Letter
    Letter 2761C Request for Combat Zone Service Dates
    Letter 2764C Interim Letter (Inventory)

  5. The following list includes Notices referenced in this IRM:

    Notices Title
    CP 515 1st Notice - Return Delinquency
    CP 518 Final Notice - Return Delinquency
    CP 521 Installment Agreement Reminder
    CP 523 TDA, Installment Agreement Default Notice
    Letter LT11 Final Notice -- Notice of intent to levy and your notice of a right to a hearing (sent certified, return receipt requested).
    Letter LT14 We need more information.
    Letter LT16 Please Call Us About Your Overdue Taxes Or Tax Return

5.19.1.2  (04-28-2008)
Referrals or Redirect

  1. This subsection addresses procedures on referrals and re-directs by the following categories:

    • For All Employees

    • For TAC Office Employees

    • For ACS Support Employees

    • For ACS Call Site Employees

    • For CSCO Employees

5.19.1.2.1  (08-17-2010)
For All Employees

  1. If an account includes any modules in Status 22, and you have no access to the ACS system, determine first whether the taxpayer's question is related to the Status 22 module before transferring the correspondence to the appropriate ACS Support site or the call to the appropriate ACS toll free number using the Telephone Transfer Guide.

  2. Collection Due Process (CDP): If there is an open control on the account for CDP hearing and/or a TC 520 CC 76 (lien filed) or 77 (levy issued), refer the correspondence or telephone call information to the ACS Support CDP coordinator, found in the ACS CDP Coordinator site on SERP. Do not transfer the call to the CDP Coordinator:

    1. When speaking to the taxpayer, complete Form 4442 , Inquiry Referral, with all pertinent information and fax to the ACS Support/CDP site having jurisdiction of the account. Inform the taxpayer someone will call them back within five business days

    2. When working correspondence, fax the correspondence to the ACS Support/CDP site having jurisdiction of the account

  3. Form 2848 or 8821: Fax to the appropriate CAF Unit; for additional information. (See IRM 21.3.7.3)

  4. Innocent Spouse: If the taxpayer requests or appears eligible for Innocent Spouse relief, send Form 8857 with Publication 971, via the Enterprise Logistics Information Technology (ELITE) System. Inform the taxpayer IRS will review their form and contact them within 90 days. Document the case. Input "F8857TOTPX" , where "X" = "H" for husband or "W" for wife, for each module included using CC ACTON:

    1. If the account is in Notice Status, input comments into DI/AMS advising of the Innocent Spouse request

      Note:

      Do not input CC STAUP.

    2. Once Form 8857 is received (TC971 065), generally collection activities cease against the requesting spouse from the date the Form 8857 is filed any outstanding levies against the claimant are released.

    3. When an account is in Status 22, other areas of the Service send or fax Form 4442 to ACS Support to alert ACS a claim was filed. ACS Support takes the following actions for any referrals:
      • Assigns the case "TOS4,45,F8857"
      • When received, enters comments "F8857 rec’d" on DI/AMS
      • Ensures outstanding levies against the claimant are released

    4. If either the requesting or non-requesting spouse asks for an installment agreement, review detailed procedures. IRM 5.19.1.5.5.11

    5. If the account is in Status 22, proceed with appropriate collection actions on the non-petitioning spouse, such as levy, LT11 or LT16; then, move the case as follows:

      If... Then...
      Final Notice date is not present and a levy source is present Input History Code "TOI8,90F8857SNT"
      A Final Notice date is present and a levy source is present Input History Code "TOR5,90,F8857SNT"
      No levy source is present Input History Code "TOI4,90F8857SNT"

  5. Unassessable (Formerly Non-Rebate) Erroneous Refund: If the taxpayer requests a repayment agreement on a non-rebate erroneous refund account, U Freeze with a TC700 BL 950-999; only Accounting Operations grants these repayment agreements. Do not provide the telephone number for Accounting Operations. Take all pertinent information and forward Form 4442, Inquiry Referral, to the Accounting Operations employee having a control on the account. If the request for repayment includes other balance due modules, take the following actions:

    If... Then...
    Balance due modules are in Notice Status on IDRS
    1. Input TC 971 AC 043 if the request meets qualifications:
      IRM 5.19.1.5.5(3)

    2. Input a STAUP 2215 if active on IDRS, allowing Accounting Operations to resolve the erroneous refund module

    3. Send the taxpayer Letter 2272C, Installment Agreement Cannot be Considered, explaining we are unable to complete processing of their request for an installment agreement, or to reinstate a current installment agreement, until the refund issue is resolved; encourage the taxpayer to begin making payments on the balance due

    Balance due modules are in Status 22, ACS
    1. Input a TC 971 AC 043 if the request meets qualifications:
      IRM 5.19.1.5.5(3)

    2. Assign the account to R6 with a 60 day follow up and enter comments regarding the unassessable erroneous refund

    3. Send the taxpayer Letter 2272C, Installment Agreement Cannot be Considered, explaining we are unable to complete processing their request for an installment agreement until the refund issue is resolved; encourage the taxpayer to begin making payments on the balance due

  6. Open Control: Accounts with open controls on IDRS, or certain freeze codes, may require a referral or contact with another function; for guidelines: See IRM 21.5.2.3(5)

  7. Referring Taxpayers to Taxpayer Assistance Center (TAC) Offices: Do not refer taxpayers to a TAC. If the taxpayer insists on face-to-face contact, seeIRM 21.3.5.4.4.1

    1. If the taxpayer is already resolving their account at a TAC office allow the taxpayer up to ten days:
      • If the account is in Notice Status, input CC STAUP 2202
      • If the account is in Status 22, ensure the case is in the appropriate ACS inventory with a 15 day follow-up

    2. Secure phone numbers and levy sources. IRM 5.19.1.3.1 and IRM 5.19.1.3.4.3

  8. Revenue Officer (RO) assignment: If the account is in Status 26 and assigned to an RO or Group, proceed after noting the Exception information below:

    Exception:

    There are two exceptions, MMIA and ASFR, where a Status 26 account is not assigned to an RO or group; IRM 5.19.1.3.1(4)

    • Manually monitored installment agreements (MMIA): the assignment code is "35XX6XXX" .

    • ASFR: the last four digits of the assignment code are "8000" .

    1. Take the following actions:

      • If the taxpayer already has the phone number of the RO, advise the taxpayer to contact the RO directly

      • If the case is assigned to a specific RO, with the last two digits of the assignment codes as 01-99, and the taxpayer does not have the RO telephone number, provide the RO name and phone number available on the RO by R6TSIGN/ZIP/STATE site

      • If the case is assigned to an RO group, but not yet assigned to a specific RO, inform the taxpayer verbally, or via Letter 86C , another office has jurisdiction of their account and they will contact the taxpayer when the account is assigned.

        Caution:

        Do not provide a specific time frame; we are unable to predict when a case is worked in the field.

        Note:

        Do not transfer the call or provide a direct telephone number of a revenue officer.

      • Inform the taxpayer it is in their best interest to make payments on the balance due to reduce the penalty and interest continuing to accrue until the balance is paid in full

  9. Taxpayer Advocate Service (TAS): Taxpayers meeting criteria of the Taxpayer Advocate Service (TAS) receive priority handling; for criteria qualifying taxpayers for special handling. (see IRM 21.1.3.18, Taxpayer Advocate Service Guidelines and IRM 13.1,Taxpayer Advocate Case Procedures).

    1. When appropriate, prepare Form 911, Request for Taxpayer Advocate Service Assistance, Application for Taxpayer Assistance Order (ATAO), and forward to your local TAS Office:

      1. If the taxpayer account is in Status 22, transfer the account "TOR2,45,ATAO"

      2. If the taxpayer account is non-ACS, input CC STAUP for nine cycles

      3. For non DI/AMS users, refer the taxpayer to the NTA toll-free number at 1-877-777-4778

      4. If you can resolve and close the TAS case issue in the "same day" as the taxpayer contact, input an IDRS history code item such as "1day/CL" ; do NOT automatically refer the inquiry to TAS. For ACS (Status 22) accounts. (see IRM 5.19.5.4.2) ).

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

      6. If the case is TAS-assigned, locate and route the case to the TAS employee by using the IUUD: IDRS Unit & User Database ; if you are able to close the case the same day, coordinate with the TAS employee assigned to the case before taking action on the account

      7. As part of the Identity Theft Program, the AM IPSU Team will begin assisting taxpayers whose situations meet TAS criteria 5 -7 AND involve identity theft. Applicable cases will now be considered IPSU criteria. If a case meets IPSU criteria, refer the case to AM IPSU using Form 4442, Referral. The referral can be sent via secure e-mail to:*W&I-ITAR when available, or by fax to the ID Theft fax line (978)247-9965 by COB the day the criteria was identified. The referral MUST contain all taxpayer’s correspondence with any attachments/documentation received with the case. A Letter 86C or other applicable letter to the taxpayer is required.

5.19.1.2.2  (06-11-2008)
For TAC Office Employees

  1. Status 22 Cases: When working Status 22 cases, notify your ACS Liaison of actions you take if you do not have access to ACS; do not direct the taxpayer to contact the ACS call site.

5.19.1.2.3  (04-28-2008)
For ACS Support Employees

  1. For Large Dollar (LG$) cases, fax or overnight

  2. the correspondence to the appropriate LG$ site. See SERP, "Who/Where" , Large Dollar, for FAX numbers.

5.19.1.2.4  (04-01-2011)
For ACS Call Site Employees

  1. For Large Dollar (LG$) cases, if the aggregate unpaid balance of assessment (CC SUMRY) is over ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , and has the following requirements:

    • IMF liability only

    • Is assigned to the LG$ call site (ACS Teams N, O or P)

    • Module(s) in Status 19, 21, 22, 24, 26 (if assignment is 8000), 56, 58 or 60-64

      Transfer the call:

    • If a LG$ IMF account with an SB/SE BOD code call is received the assistor can transfer the call to extension 92077

    • If a LG$ IMF account with a W&I BOD code call is received the assistor can transfer the call to extension 92069

  2. Non Master File (NMF): For calls on an NMF account, advise the taxpayer they must call 1-888-829-7434.

  3. Spanish-speaking Taxpayers: When the taxpayer requests a Spanish-speaking employee, transfer the call as follows:

    1. W&I taxpayers, transfer to extension 92071

    2. SB/SE taxpayers, transfer to extension 92076

  4. Multilingual services will be offered to taxpayers with a language barrier. The primary vehicle for providing this service is through bilingual employees and an Over-the-Phone Interpreter (OPI).

  5. The IRS/OPI contract allows the disclosure of tax information to the OPI interpreter. The assistor should limit disclosure to only that information necessary to resolve the issue. The interpreters are not employees of IRS so communicate to them exactly as you would advise the taxpayer.

  6. If translation is needed for non-English speaking taxpayers, offer the taxpayer Over-the-Phone Interpreter Service (OPI).

    Exception:

    Spanish speaking callers - W&I BOD Code, transfer to extension 92071 or SB/SE BOD code, transfer to extension 92076.

  7. To use the OPI services complete the following:

    1. USE CONFERENCE HOLD or the OUTSIDE CALL BUTTON to place the non-English speaker on hold.

    2. DIAL 1–866–517-3852

    3. ENTER ON YOUR TELEPHONE KEYPAD OR PROVIDE THE REPRESENTATIVE:
      Press 1 for SPANISH (Only if you are unable to transfer the call to extension 92071 or 92076)
      Press 2 for all other languages (speak the name of the language at the prompt)
      Enter: The State Name the caller is calling from
      Enter: Client ID – For W&I 530234 and For SBSE 503568
      Enter: Access Code – per chart below
      Enter: SEID
      An Interpreter will be connected to the call.

    4. BRIEF THE INTERPRETER. Summarize what you wish to accomplish and give any special instructions.

    5. ADD THE NON-ENGLISH SPEAKER to the line.

  8. The W&I ACS Support and ACS Call Site Client ID is 530234, refer to the following chart for the Operation Code:

    W&I ACS Call Site Operation Code
    ACS- Buffalo 231000
    ACS – Atlanta 232001
    ACS – Jacksonville 232002
    ACS – Austin 233001
    ACS - Puerto Rico 233004
    ACS - Kansas City 234001
    ACS – Fresno 235001
    ACS – Seattle 235002
    W&I ACS Support Site  
    ACSS - Kansas City 234003
    ACSS – Fresno 235005

  9. The SBSE ACS Support and ACS Call Site Client ID is 503568, refer to the following chart for the Operation Code:

    SBSE ACS Call Site Operation Code
    ACS- Brookhaven 121001
    ACS – Philadelphia 122001
    ACS – Detroit 123001
    ACS – Memphis (Nashville/Des Moines) 124001
    ACS – Denver 125000
    ACS - Oakland 125000
    SBSE ACS Support  
    ACSS – Philadelphia 122001
    ACSS - Cincinnati 123001

  10. For questions involving tax law which telephone assistors are unable to answer, transfer the call to extension #92001 (Accounts Management), but only after addressing all Compliance issues. The assistor should inform the taxpayer they are being transferred and advise caller of what topic to request after the transfer. The assistor should document AMS history with the reason for the transfer.

  11. For W&I employees when receiving calls from BMF taxpayers, transfer to extension 92075.

  12. For AUR – Accounts with an Open AUR account can be transferred. IDRS research is required to identify the Underreporter Process Code associated with a particular case. See IRM 21.3.1.4.58, Status of Underreporter Cases, for transfer criteria before transferring the call:

    • WI Taxpayer:

    • #92241 English

    • #92242 Spanish

    • SB Taxpayer :

    • #92341 English

    • #92342 Spanish

  13. For Exam W&I only - Call Transfers to Exam include those accounts with an Open Audit identified by Exam Freeze Codes (i.e. –L open exam indicator), information available on cc AMDIS, a TC300, a TC420 or TC424 and Audit Reconsiderations meeting the following criteria:

    • The taxpayer has filed an individual income tax return, and the examination has been completed and assessed;

    • The taxpayer has a copy of the examination report or knows which issues they are contesting;

    • The taxpayer does not agree with the assessment and/or reversal of tax credits (i.e. EITC);

    • The taxpayer has additional information that was not previously considered that would change the assessment/tax credit reversal;

    • The assessment remains unpaid or as a result of the assessment, the tax credit is reversed

    • The transfer number is as follows:

    • #92217 English

    • #92218 Spanish

5.19.1.2.5  (12-04-2009)
For CSCO Employees

  1. ACS (Status 22) Accounts: When an installment agreement is requested, input TC 971 AC 043 if the case meets pending installment agreement criteria, IRM 5.19.1.5.5.6, Pending Installment Agreement Criteria. Route the correspondence to the appropriate ACS Support Site. Issue Letter 86C if the ACS Support Site is outside of your campus. If the ACS Support Site is in your campus, send Letter 2645C if the case is over 25 days old and no interim letter was sent. Update comments on DI/AMS.

    Note:

    If a Notice Status account in CSCO updates to Status 22 because a CC STAUP was not input or updated timely , CSCO will continue to work the case. After working the case, update DI/AMS comments with the case resolution. Contact the ACS Liaison to ensure the case is updated on ACS and no enforcement action is outstanding.

  2. Criminal Investigation (CI) Z Freezes: Determine the controlling CI Fraud Detection Center (FDC) identified by the first two digits of the DLN of the TC 916 on CC TXMODA or the TC 918 on CC ENMOD. Prepare Form 4442. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

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    6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
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  3. Discovered Remittance:

    See IRM 3.14.1.6.4.4.4

  4. Freedom of Information Act (FOIA) Request: Forward the correspondence to the Disclosure Officer in the territory where the taxpayer resides; input CC STAUP 2209. If there are other issues in the correspondence, photocopy the correspondence before routing to the Disclosure Officer and continue case processing.

  5. Frivolous correspondence:

    See IRM 21.5.3.4.16.8

  6. Frivolous Return: Input TC592 CC82

    See IRM 5.19.2.6.4.1

  7. Installment Agreement Requests Above Campus Authority: Any request above your authority must be routed to an RO for consideration. IRM 5.19.1.5.5

  8. IRS employee sends correspondence about their tax account: Prepare Form 11377 and forward it to your manager. If the employee is known to you, prepare a referral to your manager on Form 4442 and close the case control on IDRS. If the employee is not known to you, continue processing the case.

  9. KITA or KIA case: IRM 5.19.1.4, Balance Due Special Considerations.

  10. Payment tracer request: If there is no balance due issue, forward the correspondence to Accounts Management. If the taxpayer addresses a balance due account and it meets collection criteria, attempt to locate the payment; for additional information: (See IRM 21.5.7, Payment Tracers)

  11. Pending OIC: The account is in Status 71 for a pending OIC. Send Letter 86C

    1. Route to COIC if there is an unreversed TC 480

    2. Route to MOIC if there is and unreversed TC 480 and TC 780

  12. Revenue Officer Request: Forward to Centralized Case Processing in PSC. If the taxpayer disputes the liability and there are no collection balance due issues, See IRM 21.3.3.4.10.2

  13. Identify the issue the taxpayer is disputing; send Letter 86C or interim letter as appropriate. Route the correspondence as follows:

    If... With Identifier... Then Route To...
    ASFR TC 290 TC 590 CC 88 or CC 89 See IRM 4.13.7-1
    AUR TC 922 and TC 290 See IRM 21.3.1.4.63
    Bankruptcy filed Intentionally left blank IRM 5.19.1.4.2.1
    CAWR TC 290 BS:55, or TC 240 RN 500-514 and RN 549/550 Fax correspondence to the appropriate CAWR site based on the DLN see http://wc.web.irs.gov/CAWR-SSA/Address%20and%20mail%20stop.htm.
    PSC (28)

    CSC (17)

    MSC (49)
    Examination TC 300 TC 31X through TC 35X Route to the appropriate Examination site based on the DLN
    See IRM 4.13.7-4
    Failure to Comply with Certain Information Reporting Requirements, or Intentional Disregard to Comply TC 240 RN 651 or 652 Detroit Computing Center
    1300 John C Lodge Dr.
    Detroit, MI
    48226
    Failure to File Information Returns TC 240 RN 638 IRS
    201 W Rivercenter Blvd
    Stop 814G, Team 203
    Covington, KY
    41011
    Fees TC 360 IRS
    201 W Rivercenter Blvd
    Stop 8420G
    Covington, KY
    41011
    FUTA TC 290 BS:50 or 51 Fax correspondence to the appropriate FUTA site based on the DLN:
    PSC (28)
    516-516-3411
    CSC (17)
    859-669-7169
    MSC (49)
    901-546-4802
    Informant Intentionally left blank See IRM 21.1.1.11
    Innocent Spouse Form 8857 See IRM 25.15.1.6.1
    Unassessable Erroneous Refund - U Freeze IRM 5.19.1.1.2
    OIC Pending Unreversed TC 480 or TC 780 See IRM 21.5.6.4.40
    Withholding Compliance Program TC240 RN 615 and 616
    1. Close the case control, if applicable

    2. Fax the correspondence to the Withholding Compliance Program

    For any other issue and the taxpayer does not discuss payment Intentionally left blank
    1. Issue Letter 2645C if the case is older than 25 days

    2. Route the case to Accounts Management

    3. Close case controls

5.19.1.3  (08-17-2010)
Balance Due Research and Balance Due Collection First Read Process (CFRP)

  1. This subsection outlines how to resolve the taxpayers unpaid liability, through researching all tax account(s), and conducting a thorough interview with the taxpayer if contact is via telephone or face-to-face.

  2. Make every attempt to resolve the account upon initial contact.

  3. Ensure the appropriate functional area is processing the case. IRM 5.19.1.2, Referral and Re-Direct)

5.19.1.3.1  (08-17-2010)
Account Actions on Referral/Redirects

  1. When researching the account, if any modules are in ACS Status 22, do not work the case unless you have access to the ACS system. If no access to ACS address all non-ACS issues and take the following actions:

    If... Then...
    Speaking to the taxpayer Transfer the call to ACS using the Telephone Transfer Guide available on SERP
    Working correspondence Refer the correspondence to ACS Support; for ACS addresses:
    Exhibit 5.19.1-1, Collection Status Codes and Definitions

    Note:

    You are not required to contact the taxpayer and advise them of this referral if the ACS Support Site is within your campus.

    Outside your campus Send Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office
    Received date of the correspondence is 25 days or greater Send Letter 86C, to the taxpayer prior to routing the case to ACS Support; for routing directions for specialized processing:
    See 21.3.3.4.11(15), Taxpayer Late Replies

    Example:

    Tentative Carry back

  2. Continue processing by ensuring you input history on AMS. If you do not have access to AMS, input history on ENMOD to reflect the paper referral of a telephone call or the correspondence to ACS; this alerts ACS employees who may be researching the account not to take some type of enforcement action there is a taxpayer contact being referred to them for consideration. If transferring the call to ACS, no history is required.

    If... Then...
    The account is in Status 22 on master file only (IMFOL) due to a CNC (TC 530) Work the case using normal procedures.

    Note:

    Do not refer these to ACS; they are no longer on the ACS system.

    Processing an address change on an account in status 6X
    1. IRM 5.19.1.3.2.1, Entity and Address Changes

    2. After the account posts to the new location and is in Status 22, re-input the installment agreement immediately

    You are in a TAC Office Work the Status 22 cases and notify your ACS Liaison of the actions you take if you do not have access to ACS

    Note:

    Do not direct the taxpayer to contact the ACS call site.

  3. Any function receiving a Status 24 case is required to process the case following normal procedures. If an ACS CSR works an account in Status 24, it is not required to bring the account onto ACS if you can close the case on the same day. If the taxpayer must provide additional information or you are unable to close the case on the same day, take the following actions:

    1. Input STAUP 2200 and ASGN 0605

    2. Then immediately input:
      ASGN 0000 if the account is not a pending installment agreement
      ASGN 0120 if the account is a pending installment agreement

    3. Document AMS narrative indicating why the case was brought back to ACS

    4. Do not bring the account to ACS if it meets ACS bypass criteria

  4. When researching the account, if there are Status 26 modules, further research is required to determine where the case is assigned; follow the chart below to determine where the case is assigned and the appropriate action:

    If... Then...
    A balance due account TSIGN’d to "35XX6XXX" with a history indicating "MMIA"

    Note:

    MMIA now has multiple TSIGN’s depending on the location of the account, but they all begin with the assignment of Area Office "35" and the last four digits of the TSIGN begin with a "6" .

    1. Send Form 4442, Inquiry Referral, to the Centralized Case Processing site at the Philadelphia Campus:
      IRS
      11601 Roosevelt Blvd
      Drop Point N-809
      Philadelphia, PA
      19154
      Send such items within three days using Form 3210, Document Transmittal, annotated with "MMIA"

    • A TSIGN 8000 - Balance due only case
      and

    • No return delinquency
      and

    • The taxpayer agrees with the ASFR assessment
      and

    • The balance due exceeds your authority level of $100,000

    These accounts are referred to ACS Call Sites in either Buffalo. or Brookhaven, who process accounts over $100,000 up to $1,000,000 for all IMF (W&I and SB/SE) balance due accounts; take the following actions:
    1. For IMF (W&I and SB/SE) ACS taxpayers calling, transfer the call to Call Control Table (CCT) # 9625; STAUP to 2400 and TSIGN 7000 using CC ASGNI:
      See IRM 2.4.27, Command Code ASGNI/ASGNB (Formerly TSIGN) for input procedures

      Note:

      ACS LG$ call sites changes the TSIGN and input STAUP 2200 if they must bring the case to ACS.

    2. For IMF accounts with the SB/SE BOD code:
      If the call is received at a SB/SE BOD Call Site (ACS) or the Buffalo W&I Call site, transfer the call to extension 92077
      If the call is received at a W&I BOD Call Site (ACS or AM), advise the taxpayer to call 1-800-829-3903 and enter their TIN at the prompt
      For IMF accounts with the W&I BOD code transfer the call to extension 92069

    3. For IMF (W&I or SB/SE) taxpayers who correspond, input STAUP 2400 and TSIGN 7000 using CC ASGNI; for input procedures:
      See IRM 2.4.27
      Wait until the next week and STAUP 2200 and TSIGN 0000 using CC ASGNI; input comments on DI/AMS regarding the taxpayer correspondence

    • A TSIGN 8000 – Balance due only case
      and

    • No return delinquency
      and

    • The taxpayer agrees with the ASFR assessment
      and

    • The balance due "is within" your authority level

    1. Change the TSIGN to 7000 using CC ASGNI; for input procedures:
      See IRM 2.4.27
      STAUP 2400 and attempt to resolve the case
      If unable to immediately resolve the case, after the assignment changes to 7000, ST 24, TSIGN to 0000 using CC ASGNI and input STAUP for the appropriate number of cycles to complete working the case

      Example:

      Waiting for the taxpayer to send information STAUP 2206 or 2209 as appropriate.

    2. If ACS is working the case and it cannot be resolved the same day, bring the case back to ACS, input TSIGN 7000 using CC ASGNI; for input procedures:
      See IRM 2.4.27
      STAUP 2400, the following week TSIGN 0000 and STAUP 2200

    • A TSIGN 8000 – Balance due only case
      and

    • No return delinquency
      and

    • The taxpayer disagrees with the balance resulting from an ASFR assessment

    1. Change the TSIGN to 7000 using CC ASGNI; for input procedures:
      See IRM 2.4.27

    2. Input STAUP 2400; for information to provide the taxpayer to request a reconsideration:
      IRM 5.19.1.3.3.2(2), Adjusting Tax for a Balance Due

    3. Provide the taxpayer with the address to send reconsideration return to ASFR; for address information:
      IRM 4.13.7-1

    The taxpayer requests:
    • A transcript of the assessment for ASFR
      or

    • A copy of an ASFR Return

    1. If the assessment was made after June 2005, route the case to ASFR:
      See IRM 4.13.7-1, ASFR - Reconsideration Returns - Centralized Processing Sites

    2. If the assessment was made prior to July 2005, route the case to the Return and Income Verification Unit (RAIVS) at the campus where the assessment was made:
      See IRM 3.5.20-1 , RAIVS Contacts

    • A TSIGN 8000 - Balance due
      and

    • Return delinquency modules (COMBO)

    1. If there is a started ASFR (Dummy TC150 posted) case with no assessment or closing TDI transaction code, advise the taxpayer the delinquent return issue must be addressed first and refer to the ASFR toll-free line. The toll-free number to the appropriate ASFR site is located on the ASFR notice they received. A started ASFR case can be identified by a TC 150 for $.00, with the "SFR" indicator to the right of the DLN. Started ASFR cases with no filed return or closing TDI transaction code, See IRM 5.18.1.7.5 for default time frames after the ASFR TC 150 posts and is considered a balance due account

    2. If the ASFR was not started, SeeIRM 5.18.1.7.1 input a STAUP 2200, change the TSIGN to "0000" , and process the case per IRM procedures addressing accounts with both TDI and balance due modules

    A Copy of a Closed Audit Report IRM 21.5.10.4.4

  5. Once your research/interview is complete, and it is determined the tax liability is correct with a remaining outstanding balance, continue case processing; for additional information. IRM 5.19.1.3.3, Determine Correct Tax Liability

  6. For correspondence, work the case per the request received in the correspondence. Follow disclosure guidelines and other procedures outlined throughout this section. IRM 5.19.1.1.1, Disclosure Overview.

  7. If additional information is required to make a final case disposition, attempt to contact the taxpayer by phone or correspondence to request additional information; if making a phone attempt and contact is not made with the taxpayer, you must follow up with a letter requesting the additional information.

5.19.1.3.2  (08-17-2010)
Taxpayer Information

  1. This subsection provides procedures for changing taxpayer entity information, such as address, name, and/or TIN, and obtaining the taxpayers telephone number(s), home, cell and/or work, if possible.

    Note:

    An ACS or non-ACS account active on IDRS and DI/AMS or ENMOD history indicates contact or telephone numbers were addressed within the past 13 cycles, and documentation indicates telephone numbers were secured, verified, or updated, there is no need to request telephone numbers.

    Note:

    If working correspondence, update all phone numbers as appropriate.

  2. You must attempt to secure/verify home, cell and work phone numbers when speaking to taxpayers or their authorized representatives on all accounts if there is a status 02 or 03 return delinquency and/or there is a balance due of any kind:

    Exception:

    You are not required to secure/verify telephone numbers on the following accounts:

    • Status 22: CSRs transferring Cases to ACS without ACS access

    • Status 03 Return delinquency: cases transferred to ACS from a CSR without ACS access

    • Status 26

    • Status 71

    • Status 72

      Note:

      The TC520 closing code determines where the case resides: CDP/Appeals, Bankruptcy/Litigation, Tax Court or a Civil Penalty with Appeal Rights. Follow the TC520 Closing Code Chart in Document 6209 for the definitions of the closing codes to ensure the case is routed properly. Secure phone numbers if mixed statuses are present.

    • Field Assistance TAC: when contact is solely for the purpose of hand-delivering a payment and the account is in Status 60

    • If the account balance is resolved within the same day, levy sources and telephone numbers are not required

      Example:

      Payment Tracer - money located to full pay the balance, or on-line adjustment full paying the balance due, Status 12, RD closure

    • If the account is not active on IDRS

    Exception:

    When working an account on ACS and the telephone number is on ACS, you are not required to add the telephone number to IDRS.

    Exception:

    AM phone assistors only: Do not verify or secure phone numbers on accounts below deferral level. On accounts above deferral level, secure or verify one best day time phone number.

  3. When working a Status 22, ACS case, and telephone contact indicates an incorrect phone number use the chart below to update the taxpayer account:

    If... And... Then...
    The account has modules on ACS (Status 22) DI/AMS is available and ACSWeb is open on DI/AMS Make changes using the DI/AMS Update Contact tool
    The account has modules on ACS (Status 22) DI/AMS is not available and/or ACSWeb is not open on DI/AMS Make changes on the ACS Entity Screen
    The account does not have modules on ACS DI/AMS is available Make changes using the DI/AMS Update Contact tool
    The account does not have modules on ACS DI/AMS is not available Make changes using IDRS command codes CC:TELEA, CC:TELEC, CC:TELED or CC:DOALL

5.19.1.3.2.1  (06-26-2008)
Entity and Address Changes

  1. For all oral statements regarding entity changes:

    See IRM 3.13.5.2.1.2, Entity Changes from Oral Statementsand IRM 3.13.5.12 (9) Acceptable Address Changes from Oral Statements.

  2. For correspondence requests seeIRM 3.13.2.10Change in Address

  3. For all other accounts:

    See IRM 21.1.3.20 , Oral Statement Authority

  4. If the account is in Status 26, do not change the Collection Location Code (CLC); only make the address change. The revenue officer makes the CLC change when they close their case control

  5. For operations other than Compliance, if a taxpayer moves outside the campus jurisdiction, change the address, but do not change the CLC field if there are balance due accounts in Status 48, 6X, 71 or 72. Refer to the Collection Operation at your campus to make a decision on changing the CLC. Indicate on the routing slip, or Form 4442, the reason for referral and include your name and phone number in case contact is required.

  6. When working pre-assessed Installment Agreements with a Form 9465, if the address on the form is different than the address on CC ENMOD, and the customer checked the box indicating an address change, input the new address on IDRS. DO NOT change the address if the address is different, but the box is not checked, notate address in DI/AMS comments.

  7. Using CC ENREQ with:

    • Doc. Code 63 allows the change of the address

    • Doc. Code 50 allows the change in the CLC

  8. If you do not input the change to the CLC using Doc. Code 50, the account remains at the campus where the installment agreement was established; for additional information regarding use of Doc Codes 50 and 63 for an address change and the CLC also requires change

    See IRM 2.4.9

  9. Follow the if and then chart below when a taxpayer notifies you of an address change on an existing installment agreement. See the Post of Duty Listing on SERP or Document 6209, IRS Processing Codes and Information, pages 11-1 through 11-5 for AOTO assignment:

    If... And... Then...
    The account is not in Status 60, 61, 63, or 64 The account already transferred to the new campus Input the agreement using CC IAGRE
    The new address is within the current Territory Office jurisdiction The account is in Status 60 or 63 Input the new address using CC ENREQ, document code 63
    The new address is within the current Territory Office jurisdiction The account is in Status 61 or 64 and the cause of the suspension or default is remedied by the taxpayer

    Example:

    Missed payment(s) made up

    1. Input the new address using CC ENREQ, Doc. Code 63

    2. Reinstate the agreement

    3. For a reinstated or revised agreement, revise the user fee to "4" , using CC IAREV, unless the origination fee still shows due (UF Code 0)

    The new address is within the current Territory Office jurisdiction The account is in Status 61 or 64 and the cause of the suspension or default is NOT remedied by the taxpayer

    Example:

    Missed payment(s)

    1. Input the new address using CC ENREQ, document code 63

    2. If speaking to the taxpayer, advise them to comply with the terms of their agreement

      Example:

      , Make up missing payments

    3. Secure payment by following related guidelines:
      IRM 5.19.1.5.5.21

    The new address is outside the Territory Office jurisdiction The account is in Status 60 or 63
    OR
    The account is in Status 61 or 64 and the cause of the suspension or default is remedied by the taxpayer
    1. Input the address using CC ENREQ and Doc. Code 63

    2. Reinstate the Status 61 or 64 agreement

    3. For a reinstated or revised agreement, revise the user fee to "4" using CC IAREV unless the origination fee still shows due (UF Code 0)

    The new address is outside the Territory Office jurisdiction The account is in Status 61 or 64 and the cause of the suspension or default is NOT remedied by the taxpayer
    1. Input the address using CC ENREQ and Doc. Code 63

    2. Take no action if the account is in Status 64

    3. When speaking to the taxpayer advise them to comply with the terms of their agreement

      Example:

      Pay the unpaid installment payments

    4. IRM 5.19.1.5.5.21, Revise/Reinstatement of Installment Agreements

  10. The BOD code change does not affect the installment agreement, Installment Agreement Accounts Listing (IAAL), or the campus monitoring it. When the case updates to Status 60, the Collection Location Code (CLC) is set. When the account becomes full paid, the account will move to the appropriate campus if another balance due account generates.

    Example:

    Taxpayer is a W&I taxpayer living in California and enters into an installment agreement; the Fresno Campus generates each CP 521, Installment Agreement Reminder Notice, and works the account if issues related to it arise on the IAAL. The following year, the taxpayer files Form 1040, U. S. Individual Income Tax Return, with Schedule C, Profit or Loss From Business, the BOD in which the taxpayer files, therefore, changes from W&I to SB/SE. The installment agreement remains at the Fresno Campus, not moving to the Ogden Campus. When the balance due is full paid, the account moves to the Ogden Campus if another balance due account generates in the future.

  11. If AMS is used, the Primary Address Change Indicator is required when:

    • The IMF entity shows filing status 2 in the most current name line AND

    • The IMF address change is for the primary taxpayer, but not the secondary taxpayer.

  12. In this scenario, input a "1" when using CC INCHG, or check the box on the Update Contact Tool when using DI/AMS. Failure to use the indicator also changes the secondary taxpayer address; for more information. (See IRM 3.13.5.38.4, Domestic Address Change Procedures for Primary Taxpayer ONLY)

5.19.1.3.3  (10-10-2008)
Determine Correct Tax Liability

  1. The taxpayer may indicate verbally or in writing the tax liability is questionable, such as:

    • They do not owe the balance due

    • They dispute the amount owed

    • They do not know why they have a balance due

  2. Do not pursue collection if you are not able to determine the correct tax liability. You must, however, secure telephone numbers and levy sources to update the account with current information.IRM 5.19.1.3.2, Taxpayer Information. IRM 5.19.1.3.4.3, Obtain and Verify Levy Sources. If there are prior histories on the account indicating the taxpayer has indicated doubt as to liability previously, and has submitted nothing to support that claim within 45 days since the last history, and it is apparent the taxpayer is attempting to delay collection, pursue collection.

  3. Follow procedures outlined in this subsection to refer the taxpayer inquiry to the appropriate office/area for further consideration.

    Exception:

    If the account balance is resolved within the same day, such as missing payment located to full pay the balance or on-line adjustment decreasing balance due to zero, and/or Status 12, then levy sources are not required.

    Follow the instructions below if you determine the tax liability is questionable and a referral to another office is appropriate. Input CC STAUP to suspend further notices for 45 days prior to referring the balance due inquiry to another office/area; see paragraph (5) below)

    If... Then...
    • IRM 5.19.1.3.3.1, Tax Liability Previously Paid

    • See IRM 21.1.3.18 , Taxpayer Advocate Service Case Criteria

    • IRM 5.19.1.5.5.11(4) Innocent Spouse Relief

    • See IRM 5.19.8,Collection Appeal Rights

    • IRM 5.19.1.2.1,Adjusting Tax for a Balance Due

    • SeeIRM 5.18.1,Substitute For Return (SFR) Automated Substitute For Return (ASFR) or reconsideration return (taxpayer filed a return after the ASFR assessment was made)


    Note:

    If the taxpayer requests an installment agreement that MEETS criteria:
    IRM 5.19.1.5.5.6, Pending Installment Agreements; input TC 971 AC 043 before referring the account to another office

    Automated Underreporter (AUR) See IRM 21.3.1.4.58, Underreporter Letters
    SFR - Taxpayer disputes the assessment. See IRM 4.13.7Exhibit 4.13.7-1
    The taxpayer claims income as wages and the employer reported the income made to a subcontractor Determine if the taxpayer qualifies for a Form SS-8, Determination of Worker Status for Purpose of Federal Employment Taxes and Income Tax Withholding, determination and referral; for detailed procedures:
    See IRM 21.7.2.4.23(1), (2) and (3), Attributed Tip Income Program (ATIP), Employee-Employer Status Determinations
    Audit Reconsideration See IRM 4.13.7 Exhibit 4.13.7-2

  4. If there is an open control base, contact the employee for case processing instructions. (See IRM 21.5.2.3 (5), Adjustment Guidelines — Research).

    Note:

    If the account has a TC 971 AC 043, and is controlled in "M" status and you can resolve the account, there is no need to contact the employee.

  5. Use CC STAUP to interrupt the normal notice routine by delaying, accelerating or skipping notices. Employees can request a notice be stopped by taking the following actions:

    1. Prepare Form 4442, Inquiry Referral/Letter 4442C, Inquiry Referral
      See IRM 21.3.5, Referrals of Taxpayer Inquiries

    2. Forward Form 4442, Inquiry Referral/Letter 4442C to Output Review at the appropriate campus prior to the Wednesday before the 23-C date

    Note:

    If time does not allow forwarding Form 4442, Inquiry Referral/Letter 4442C, Inquiry Referral, contact Output Review by telephone prior to 10:00 AM the Wednesday before the 23-C date. Form 4442/Letter 4442C must be received in the campus Output Review Unit by the Wednesday before the 23-C date of notice. Notices not selected for review are mailed throughout the week. Notices selected for review are held until the Friday before the 23-C date.

5.19.1.3.3.1  (12-04-2009)
Tax Liability Previously Paid

  1. When a taxpayer indicates they previously paid the tax liability and the payment or credit is not showing on the account; review additional information regarding payment tracers. (See IRM 21.5.7, Payment Tracers)

  2. If payments were made through the Lockbox bank, (See IRM 21.5.7.4.7.4, Lockbox Payments) and follow if and then chart below.

    If... And... Then...
    An ACS case (Status 22) The taxpayer is on the phone
    1. Allow the taxpayer to fax a copy of the front and back of any cancelled check, money order, or cash receipt while on the call

    2. If faxing is not possible, give the taxpayer an appropriate deadline and ACS Support address to mail a copy

    3. Move to I8 or R5 ACS inventory as appropriate with a 45-day follow-up

    ACS case (Status 22) Correspondence indicates payment was made
    1. Send Correspondex Letter 167C, Payment Missing, requesting a copy of the cancelled check

    2. Move to I8 or R5 ACS inventory as appropriate with a 45-day follow-up

    Non ACS cases The taxpayer is on the phone
    1. Allow the taxpayer to fax a copy of the front and back of the cancelled check while on the call

    2. If faxing is not possible, give the taxpayer an appropriate deadline

    3. Input TC 470

    4. Provide the address for mailing

    Non ACS cases Correspondence indicates payment was made
    1. Send Correspondex 167CLetter 167C, Payment Missing, requesting a copy of the cancelled check

    2. Input TC 470

  3. Upon receipt of the cancelled check, research for posting:

    1. If located, move the credit as appropriate; if an outstanding balance still exists after the credit transfer, resolve the remaining balance due as appropriate

    2. If payment resolves the total liability, but is not found, follow procedures and input TC 470 CC 93; for additional information. (See IRM 21.5.7.4.6.9(3), Payment Not Located)

    3. If the payment does not resolve the liability and is not found, follow procedures and input TC 470 if not already input per paragraph (1) above, with no closing code, and take appropriate actions to resolve the remaining balances; for additional information. (See IRM 21.5.7.4.6.9 (3), Payment Not Located)

  4. If you are unable to locate a payment made thru EFTPS refer to IRM 21.5.7.4.2 , Payment Tracer Referrals to Hardcore Payment Tracer Function (HPTF).

5.19.1.3.3.2  (04-28-2008)
Adjusting Tax for a Balance Due

  1. If an adjustment to the tax is required, follow the appropriate adjustment procedures:

    • IRM 21.5

    • IRM 21.6

    • IRM 21.7

    Note:

    If tax liability is satisfied and there is an outstanding lien, ( See IRM 5.12.3.2.1(5), Liability is Satisfied). Employees of functions with access to the Automated Lien System (ALS) input lien release requests in these circumstances; for functions not having access to ALS, determine and provide the Centralized Lien Unit (CLU) lien release contact on the Intranet by going to:

    • The IRS Intranet home page (IRWeb)

    • SERP

    • The "Who/Where" tab

    • ALS Units – Contacts

    Reminder:

    An internal use only telephone number is also provided along with the contact information on the CLU web site. Ensure all email communications regarding liens are via secure messaging.

  2. If the taxpayer disputes a balance due as a result of an SFR/ASFR assessment, advise them to prepare and file an original return showing the correct income, exemptions, filing status, and deductions. An SFR/ASFR assessment can be identified by the following:

    1. TC 150 for .00 with literal "SFR" next to it

    2. Tax class 2 with Doc Code 10 in the DLN

    3. Blocking series 000-299

    4. No AGI present on the module

    5. TC 290 (Collection ASFR assessment) or TC 300 (Examination SFR assessment ) with blocking series 540-549 or 640-649

      For addresses to which ASFR reconsiderations requests/cases are sent, See IRM 4.13.7-1

    6. TC 599 with CC 88, no response to ASFR notifications

    7. TC 599 with CC 89, taxpayer agreed to the ASFR assessment or filed an original return. If you receive a reconsideration of an Examination Substitute for Return (SFR), follow appropriate procedures. (See IRM 4.13.3.8, Closing Procedures).

      Note:

      If the taxpayer files a return after TC 599 CC 89 is input, this is considered an amended return, not a reconsideration. Do not route these to ASFR. (See IRM 21.3.3.4.10.2.1).

  3. If the ITAS in Field Assistance working the account does not have a Form 809 Book, Receipt for Payment of Taxes, they do the input online. If the ITAS does have a Form 809 Book, they prepare Form 4442, Inquiry Referral, and submit it to their manager for approval and assignment for the input.

5.19.1.3.4  (04-28-2008)
Tax Liability Determined

  1. This subsection provides the steps for continuing the interview/research process for a balance due and/or return delinquency account.

5.19.1.3.4.1  (11-03-2010)
Full Compliance Check

  1. A full compliance check is required to identify if the taxpayer filed and paid all types of tax, penalties and interest for which they are liable. Ensure balance due and return delinquency modules, including cross-reference taxpayer identification numbers displayed on all Master Files, are researched. Document full compliance check on DI/AMS.

  2. Always review comments on DI/AMS to determine whether a full compliance check (FCC) was previously performed. If completed within the last 30 days, it is not necessary to perform it again.

    Note:

    For ACS users, ensure you also review the ACSWeb Comments screen.

  3. Establish whether the taxpayer filed all returns as required in IRM 5.19.2.6.4.5 IMF Determine Liability and IRM 5.19.2.6.5.4BMF Determine Liability, ( or a module was closed or can be closed, with a satisfying transaction code. Individuals in business as sole proprietors must be in compliance with both individual and business filing requirements, including the following guidelines:

    1. If TDI modules closed with a TC 597 CC 12 or TC 598, you must satisfy these modules by securing a tax return or making a determination the taxpayer is not required to file

    2. If the taxpayer is required to file, request the returns and reverse the TDI modules with a TC 592 with no closing code

    3. Determine liability to file:

      For IMF, see IRM 5.19.2.6.4.5(12) IMF Determining Liability

      For BMF, see IRM 5.19.2.6.5, BMF Return Delinquency Responses and Inquiries

  4. For BMF accounts, taxpayers must be in compliance in filing all tax returns or you may close a module using a satisfying closing code, as appropriate.

  5. For IMF accounts address all nonfiled returns per (3) above, follow IRM 5.19.2.6.4.5 (6) for appropriate closing actions or documentation.

  6. Installment agreements cannot be established if a return is required to be filed. When speaking to the taxpayer, address compliance on current year return filing as follows:

    If ... Then ...
    Before April 15th IMF due date or before due date of BMF return Ask the taxpayer if the return was filed:
    1. If "Yes" , ask if it is a balance due or refund return

    2. If a balance due return and filed less than ten weeks ago, include the liability in the case disposition

    3. If "No" , continue with normal case processing; securing the return is not required

    The return was filed more than ten weeks ago You must secure the return; ask the taxpayer if the return was filed and wether it is a balance due or refund return.
    A TC 460 is present for the current year return and it is before the extension due date Continue with normal processing; securing the return is not required
    After April 15th IMF due date, but before October 15th, and there is no TC 460 on the module or A TC 460 is present on the current year module and the due date is past Ask the taxpayer if the return was filed:
    1. If "Yes" , ask if it is a balance due or refund return

    2. If a balance due return and filed less than ten weeks ago, include the liability in the case disposition

    3. If "No" , and you determine the taxpayer is not required to file, input appropriate transaction and closing code per Document 6209TDI Closing Codes, and continue with normal case processing

    4. If the taxpayer has not filed all required returns, you cannot grant an IA without securing them. If the taxpayer is eligible for CNC hardship but has unfiled returns, IRM 5.19.1.7.1.5 (4) and (5).

    Note:

    Follow IRM 5.19.2.6.4.5 IMF Determining Liability. Address modules not in an open RD status by annotating AMS comments only, as appropriate. Do not input a TC 59X on modules with no TC 140 or TC 474 as input will cause an Unpostable action if module is not on Master File.

  7. While working correspondence:

    IF WHEN
    Working correspondence, and you determine there are missing returns for which the taxpayer is liable to file Send an appropriate Correspondex letter requesting the returns; you can not allow the installment agreement or CNC hardship without securing all required returns

  8. If the taxpayer is liable to file and needs income information to file the return, use the Transcript Delivery System (TDS); for additional information. (See IRM 21.2.3.4, Transcripts Procedures) TDS delivers tax account and return information to the taxpayer with an appropriate cover letter.

  9. If the taxpayer is liable to file, instruct them to file as follows:

    1. If an ACS call site telephone inquiry, direct the taxpayer to mail the missing return to the appropriate ACS Support Site

    2. If the return delinquency is in ASFR, and the taxpayer has received an ASFR notice direct the taxpayer to mail the return to ASFR site's address that appears on the notice.

    3. For all others, including accounts where it is assigned 8000 but there is no Dummy TC 150 present on the module, direct the taxpayer to mail the missing return to the appropriate address using the "Where to File" , Forms and Payments information via SERP


    See IRM 5.18.1.7.1 (1), ASFR Dummy TC 150, for instructions on how to identify an ASFR started case.

5.19.1.3.4.2  (12-04-2009)
Apply Deferral Level(s)

  1. There are instances throughout the IRM where you are required to apply deferral levels to determine the next appropriate action refer to the following for a list of Master File types and deferral amounts:

    • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

5.19.1.3.4.3  (08-17-2010)
Obtain and Verify Levy Sources

  1. When speaking to the taxpayer or their authorized representative regarding a balance due account, you must attempt to secure levy sources.

    Exception:

    You are not required to secure levy sources on the following:

    • For non-status 22 accounts, DI/AMS or ENMOD indicate levy sources were confirmed or updated within the last three months or 13 cycles

    • For an ACS case, the total accrued balance is less than $100

    • For a Non-ACS case, the total accrued balance is below deferral

    • An adjustment to the account will resolve the balance due, or other action will resolve the balance due within the same day

      Example:

      A misapplied payment located or an on-line adjustment

    • Status 26 cases

    • Status 71 cases, unless modules in other statuses are present

    • Status 72 cases, bankruptcy only, unless modules in other statuses are present

    • Field Assistance, TAC employees only: Status 60 cases when the contact is solely for the purpose of hand-delivering an installment agreement payment

    • When transferring the call to ACS or an NSIA site

    • When re-routing correspondence to ACS Support

    • Status 12 cases unless there is an imminent assessment such as AUR or Examination

    • TDI only cases

    Exception:

    AM phone assistors are only required to secure or verify levy sources when working the non-streamlined installment agreement application (NSIA).

  2. For ACS Call Site and ACS Support employees when on phone calls, follow the procedures in the chart below:

    If ... And... Then ...
    The account is not Status 22 The balance due is above deferral, review deferral amount guidelines:
    See IRM 5.19.1.3.4.2Apply Deferral Level(s)
    1. Verify levy sources currently on IDRS using CC LEVYS, deleting those no longer valid, and updating valid levy sources as needed

    2. Request and obtain the name, address, and zip code for all other applicable levy source types for the primary and secondary taxpayers including:
      Employers
      Banks
      Credit Unions
      Establishments and/or businesses for which the taxpayers provides self-employed contract service
      Any other source type

    3. Note in DI/AMS comments levy sources were validated

    The account is Status 22 The balance due is greater than $100 Follow IRM 5.19.4.3.6, Obtain, Verify and Update Levy Source

  3. For non-ACS phone or TAC employees, follow the procedures in the chart below:

    If ... And ... Then ...
    The account is not in Status 22 The balance due is above deferral; for deferral amounts:
    See IRM 5.19.1.3.4.2Apply Deferral Level(s)
    1. Verify levy sources currently on IDRS using CC LEVYS, deleting those no longer valid, and updating valid levy sources as needed

    2. If after verifying existing sources there are no sources on LEVYS, you are required to attempt to secure one potential levy source; obtain the name, address, and zip code on one of the following levy source types:
      Employers
      Banks
      Credit Unions
      Establishments and/or businesses for which the taxpayer provides self-employed contract service

    3. Note in DI/AMS comments levy sources were validated

    The account is in Status 22 The balance due is above deferral See IRM 5.19.4.3.6 for obtaining, verifying and updating levy sources on ACS accounts if you have access to ACS

  4. For ACS Support or CSCO employees, add any levy source the taxpayer provided on their correspondence when the account is above deferral and is active on IDRS.

5.19.1.3.4.4  (08-07-2008)
Balance Due Taxpayer Education (Cause and Cure)

  1. In order to prevent future tax delinquencies, it is important to determine what caused the taxpayers current balance due or return delinquency; once you understand the reason for the problem, you can recommend a cure or plan of action the taxpayer can follow to prevent the problem from recurring. Unless the taxpayer corrected the problem and the current year return is full paid, you must do this while on the phone or when answering correspondence. Document in AMS comments cause, cure and compliance (CCC) was completed.

    Note:

    If cause, cure and compliance is entered in comments and there are no new delinquencies since the initial cause and cure discussion, you are not required to address cause and cure again.

  2. If the account is a balance due, it is important to remember, in general, tax withheld from wages, pension, or annuity income, estimated tax payments, or a combination of both must constitute either 90% of the tax liability for the taxable year or 100% of the tax liability for the preceding taxable year; for further guidance and exception criteria:

    • See IRM 20.1.3.2.1.1, Determining the Required Annual Payment

    • See IRM 20.1.3.3

  3. If the account is a return delinquency or there are unfiled returns due within the period specified in IRM 5.19.2.6.4.5 IMF Determine Liability, educate the taxpayer about their filing requirements; for additional information. IRM 5.19.1.3.4.1, Full Compliance Check

  4. You must do this when speaking to the taxpayer via phone or when answering correspondence.

  5. The following are typical examples of causes and cures:

    Causes ... Cures ...
    The taxpayer does not have enough income tax withheld from wages
    1. See IRM 5.19.11.6.1, Referral Criteria, to determine if the taxpayer meets criteria for referral to the Withholding Compliance program for issuance of a lock-in letter

    2. If the taxpayer meets referral criteria, refer to Form 9045, Withholding Compliance Referral, preparation and submission:
      See IRM 5.19.11.6.2, Preparation and Submission

    3. If referral criteria is not met, ensure you advise the taxpayer if they incur any additional tax liability or fail to file any future tax year returns, the IRS can issue a notice to their employer directing the employer to withhold at the highest rate

    4. Explain how to correct Form W-4, Employee's Withholding Allowance Certificate, reducing the number of exemptions or having additional tax withheld each pay period.

      Note:

      If the taxpayer would like to calculate the proper withholding exemption on his or her own, refer the taxpayer to the withholding calculator at www.irs.gov.

    5. Remind taxpayers, when applicable, they may withhold from their Social Security, Unemployment, etc., with Form W-4V

    The taxpayer adjusted withholding during the year, but still owes tax on the current year because of the withholding rate for the earlier part of the year Confirm withholding is correct to avoid future delinquencies
    The taxpayer does not make estimated tax payments because they are unaware of or does not understand the requirements
    1. Explain estimated tax payment requirements including when to complete Form 1040ES, Estimated Tax Income for Individuals

    2. Offer to mail Publication 334, Tax Guide for Small Business, and/or Publication 505, Tax Withholding and Estimated Tax, for taxpayers with interest, dividend, and other non-wage income; for additional information regarding estimated tax. (See IRM 21.6.3.4.2.3, Estimated Tax (ES)

    The taxpayer is not making Federal Tax Deposits for employment, excise or corporate taxes
    1. Advise the taxpayer of FTD requirements. (See IRM 21.7.2.4.4. Deposits)

    2. Offer to send Publication 15, Circular E, Employers Tax Guide

      Note:

      If a business, other than a sole proprietorship, explain the officers or partners of the business can be held personally liable for unpaid trust fund taxes by being assessed a Trust Fund Recovery Penalty by an RO

    The taxpayer did not file because they did not know how to complete a tax form Advise the taxpayer assistance is available each filing season:
    • At a TAC office

    • Through VITA or TCE for IMF taxpayers

    The taxpayer states they do not have the income information to file prior year returns Provide income information via TDS, or CC IRPTRW; if needed, send the corresponding tax forms via ELITE, see IRM 5.19.1.15.3.3

  6. Document in AMS comments cause, cure and compliance (CCC) was completed.

5.19.1.3.4.5  (04-28-2008)
Balance Due Collection Statute Expiration Date (CSED) Considerations

  1. You must consider the Collection Statute Expiration Date (CSED) when addressing a balance due account. The CSED is a time period established by law to collect taxes. The CSED is normally ten years from the date of an assessment; procedures to determine if the liability will be fully paid before the CSED expires can be found in IRM 25.6.1.12, Collections Statute Expiration Date.

  2. If any modules will not be full paid. IRM 5.19.1.5.6, Partial Pay Installment Agreements (PPIA)

  3. A financial statement is required if the account does not meet streamline criteria to determine the maximum amount the taxpayer can pay; then, you must use CC ICOMP or Decision IA to calculate full payment and determine if the account will full pay before any CSED expires.

5.19.1.3.5  (05-14-2008)
Balance Due Collection First Read Process (CFRP) Mail Desk Procedures

  1. Without accessing IDRS to make a determination, pre-sort and extract mail easily identified as not meeting CFRP criteria such as Form 656, Offer in Compromise, Trust Fund Penalty, and TDI to be batched as First Read in separate batches under the document types specified or forwarded to the appropriate function for processing if not controlled on AMS.

  2. Place balance due receipts in folders in batches of up to 50 and date stamp the folder with the Collection received dated. (Do not date stamp each individual piece of mail as AMS will record both the IRS received date and that of CSCO.)

  3. Following DI/AMS procedures, enter the batches on AMS under the First Read category under the appropriate OFP and document type.

    Note:

    Until the new OFPs are established on AMS for First Read, use the existing OFP codes on AMS. The new OFP codes are established and must be used on your Form 3081, Employee Time Report.


  4. Shelve the batches of work in date order or to assigned employee as management has designated.

  5. After the batch has been completed and released by Quality and managerial review, the batch will be returned to the clerks for stripping and destroying documents or forwarding to other areas as appropriate.

5.19.1.3.5.1  (08-17-2010)
Collection First Read Process - CFRP

  1. In First Read (CFRP), work cases that can be closed within Five (5) minutes following appropriate balance due procedures in this IRM. The following are examples of some of the types of cases you should work, but there could be others.

    • Here is my payment

    • Address Change

    • Telephone number input

    • Misroutes (Cases belonging to Exam, Accounts Management, etc.)

    • Status 72, 22, 71, and 26 (Route to appropriate area)

    • Requests for balance due amount

    • Streamlined installment agreement

    • Open control base

    • Can't Pay (no financial statement needed, balance below ≡ ≡ ≡ ≡ ≡ )

    • Short term full pay (up to 120 days)

    • Did you receive my payment

      Note:

      Status 72, 22, 71, and 26 (Route to appropriate area) Status 72 route based on the TC 520 Closing Code; CDP/Appeals, Bankruptcy, Litigation, Refund Litigation, Tax Court, Civil penalty with Appeal Rights. Follow the TC520 Closing Code Chart in Document 6209 for the definitions of the closing codes to ensure the case is routed properly.

  2. Those cases you are not able to close within the batch under CFRP procedures, you will put into the Suspended status on AMS and AMS will move to the Ready to Work category to be worked by the technical units.

  3. Management may, at times, move batches of work not started out of the CFRP inventory into the Ready to Work inventory by placing them in a Suspended status on AMS. These batches will then be assigned to the technical employees assigned to work this inventory. (Initially the clerks may be required to manually suspend each of the cases in the folder and then the manager will reassign the batches to the Unassigned Queue. The manager in the technical units would then have to move out of the Queue into their employees' inventories. We are requesting AMS be updated to do this for us systemically as soon as possible.)

  4. Take all actions on cases following normal balance due procedures.

  5. After all cases in the batch have been worked either by resolving and closing or putting into the suspended inventory, separate the batch. The closed cases will stay with the original batch sheet and be placed for quality and managerial reviews. Those cases in suspended will be placed in a new batch. Print the new batch sheet and put on the front of the new batch. Place folder in a designated area to be distributed to the technical unit employees under the Ready to Work category.

5.19.1.4  (04-28-2008)
Balance Due Special Considerations

  1. This subsection provides additional guidelines for handling balance due accounts for the following types of casework:

    • Non-Master File (NMF) Balance Due Accounts

    • Insolvency issues

    • Deceased Taxpayers

    • Trust Fund Recovery Penalty (TFRP) issues

    • Refund Offset (TC 130)

    • Federal Employee/Retiree Delinquency Initiative (FERDI) issues

    • Incarcerated Taxpayers

    • Disaster/Emergency Relief

    • Military Deferment Accounts

    • Combat Zone Accounts

    • Tax Court Cases

    • Killed in Terrorist Action (KITA)

    • Taxpayers Taken Hostage in Terrorist Action (HSTG)

5.19.1.4.1  (04-28-2008)
Non-Master File (NMF) Balance Due Accounts

  1. The Automated Non Master File (ANMF) System is an accounting and data control of NMF accounts. The following instructions pertain only to automated NMF accounts.

  2. NMF accounts are established by Accounting Operations and maintained on the Automated NMF database for accounting of the tax assessments and collection of revenue.

  3. A NMF account reflects an assessment of tax from a return or another source document and, by itself, usually does not represent the entire liability for a tax period. A separate NMF account establishes for each additional tax assessment.

  4. NMF is subject to the same examination, criminal investigation, and general data processing criteria as the Master File.

  5. Input a history item on the ANMF System for each period involved whenever an action is taken on the account.

    Caution:

    Any NMF account on IDRS, regardless of status, is only an information item and not necessarily an accurate picture of the current status of the account.

5.19.1.4.1.1  (12-04-2009)
NMF Notice Responses

  1. NMF responses are received from a taxpayer due to a notice issued by Accounting Operations.

    Note:

    For calls regarding NMF notices received other than via 1-888-829-7434, the CSR may answer questions if they have the ability and expertise to do so; if not, ask the taxpayer to call 1-888-829-7434, at which a specialist is available to help. DO NOT REFER CALLS ON OTHER ISSUES TO THIS NUMBER. ALSO, THIS TOLL FREE NUMBER IS FOR CALLS FROM TAXPAYERS OR TAXPAYER REPRESENTATIVES ONLY; for additional information:
    See IRM 21.7.12.4.1

  2. Review ENMOD on the Master File for a TC 130 ("V—" freeze) on all responses; if TC 130 is not present, follow procedures for input instructions. (See IRM 5.19.10.3 )

  3. Take the following actions on aggregate unpaid balance of assessment (CC SUMRY) due on NMF accounts less than established criteria; for additional information for balance due amounts for individuals or businesses. IRM 5.19.1.4.1.1:

    If ... Then ...
    The taxpayer states they are unable to pay
    1. Complete Form 3177 to request the account be placed in CNC status (TC 530)

    2. Forward Form 3177 to Accounting Operations using Form 3210

      Note:

      If taxpayer does not qualify for an exception hardship you must review their financial statement to determine if taxpayer qualifies for a CNC, IRM 5.19.1.7

    3. If taxpayer qualifies for a CNC advise the taxpayer collection action will not be pursued at this time; however, penalty and interest continue to accrue

    4. Inform the taxpayer they will receive a yearly reminder notice via regular mail

    5. Input history on the ANMF System

    The taxpayer requests additional time to pay
    1. Send Letter 681C accepting the taxpayer’s proposal to pay

      Note:

      The maximum time to allow for a full pay is 60 days (Status 22 or 24) or 120 days for any notice status without a status 22 module.

    2. Ask the taxpayer to place an "N" after their taxpayer identification number when making a payment and enclose a copy of this letter

    3. Advise the taxpayer a final notice will be issued; however, collection action will not be pursued at this time

    4. Forward to Accounting Operations, via Form 3210 , Form 3177, requesting input of TC 530, and Form 4442 requesting the fourth notice is issued

    5. Input history on the ANMF System

    The notice response indicates a deceased, bankrupt or incarcerated taxpayer
    1. Send Form 4442 via Form 3210 to Accounting Operations requesting a TDA be issued regardless of the dollar amount

    2. Input history on the ANMF System

  4. Take the following actions on NMF responses with an aggregate unpaid balance of assessment (CC SUMRY) due of more than ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ :

    If ... Then ...
    The taxpayer requests additional time to pay
    1. Send Letter 86C and advise they make payments when they can; however, a request is being referred to the field for processing the taxpayers request

    2. Ask the taxpayer to place an "N" after their taxpayer identification number when making a payment and enclose a copy of this letter

    3. Advise the taxpayer a final notice will be issued.

    4. Prepare and send Form 4442 via Form 3210 to Accounting Operations requesting a fourth (final) notice be issued;

    5. Input history on the ANMF System

    The taxpayer states they are unable to pay
    1. Send Form 4442 via Form 3210 to Accounting Operations requesting a referral to the field with accompanying Form 4442

    2. Input history on the ANMF System

    The notice response indicates a deceased, bankrupt or incarcerated taxpayer

  5. Take the following actions if the taxpayer indicates they filed an appeal with the U.S. Tax Court:

    1. Notify Accounting Operations to input TC 470 with the appropriate CC.

      Caution:

      Only advise Accounting Operations to input 470 with CC 90 when an account will go to Status 12 due to full payment. See IRM 5.1.15.

      CC 90 on the account using Form 3177 via Form 3210

    2. Route the correspondence or Form 4442 to the appropriate field Advisory Unit in Technical Support

    3. Input history on the ANMF System indicating the account was forwarded to the field

  6. Take appropriate actions when the taxpayer responds to any notice including a Form 9774, Annual Reminder Notice:

    If ... Then ...
    The taxpayer request a payoff amount or a third party indicating a willingness to pay the debt. IRM 5.19.1.1.1
    1. Give the taxpayer/third party the payoff amount using CC COMPA if the account shows on IDRS

    2. Input history on ANMF including the payoff amount and date

    3. If not on IDRS, prepare Form 4442 and forward to Accounting Operations

    4. Advise the taxpayer you are referring the inquiry to another office

    The taxpayer requests an installment agreement
    1. Determine if taxpayer meets and qualifies for an IA, including aggregate unpaid balance of assessment (CC SUMRY): IRM 5.19.1.5.5

    2. If any module is in Status 53, review the account to determine if TC 530 should be reversed

    3. When the reversal is appropriate, send Form 3177 to Accounting Operations for input of TC 531

    4. When the reversal is not appropriate, review detailed rejection procedures before requesting the taxpayer send payments when they can. IRM 5.19.1.5.5.8

      Note:

      No formal installment agreement is established.


    5. When the account is in Notice Status or the request for a TC 531 is submitted to Accounting Operations:
      Send Form 4442 with installment agreement information to Accounting Operations requesting the account be referred to the field, update to Status 26 and TSIGN 3500 6996.
      Follow MMIA procedures:IRM 5.19.1.5.5.18
      Prepare the case to be forwarded to Centralized Case Processing from the Accounting Operations.
      Prepare Form 3177 requesting input of TC 971 AC 063 and forward to Accounting Operations.
      Advise the taxpayer it is in their best interest to begin making payments to reduce penalty and interest accruals. Include their SSN and an "N" following the number on the check or money order; also, advise they attach a copy of the notice they receive with their payment.

    6. When the account is in TDA status and assigned to a RO (ST 26):
      Forward Form 4442 with payment request information to the assigned RO; the TSIGN indicates the group number and revenue officer number. (See Document 6209, 11–3)
      Prepare Form 3177 requesting input of TC 971 AC 043 and forward to Accounting Operations
      Input history on the ANMF System.
      Advise the taxpayer to begin making payments and put their SSN with an "N" following the number on the check and attach a copy of the notice they receive

5.19.1.4.1.2  (04-28-2008)
CSCO Hard Copy NMF TDAs

  1. Input assignment code "6466" using CC ASGN I or B when the NMF TDA is received from Accounting Operations; for input procedures. (See IRM 2.4.7)

  2. Count each balance due Notice reply; if more than one notice is received with or without correspondence attached, count each notice response regardless of the MFT/tax period.

  3. If a Master File account is in Status 22 and there is also a NMF balance due, all modules must be accelerated to the field and assigned to a RO.

  4. Do not take a count on clerical duties relating to balance due cases.

5.19.1.4.1.3  (04-28-2008)
NMF Adjustment File

  1. CSCO receives a photocopy of cases in Status 89 for filing in the NMF Adjustment File.

    Example:

    Husband only, wife only, non-petitioning spouse, transferee/transferrer.

  2. Maintain the file by tickler system; a tickler system is a method used to remind you to take follow-up action on a case.

  3. Research IDRS and take actions listed in the chart below within 60 days after the adjustment is completed:

    Caution:

    If the NMF account on IDRS is in ST 89, IDRS is only an information item and not necessarily an accurate picture of the ANMF.

    If ... Then ...
    No balance remains
    1. Complete Part 7 of Form 668 if a TC 582 is posted to the account

    2. Indicate the full paid information (date the account was full paid)

    3. Sign and date the green copy (upper right)

    4. Forward Form 668 with the green copy (Part 7) on top to the Advisory Unit via Form 3210

    5. Input STAUP 12 for each fully paid module

    6. Destroy the photocopy of the case

    7. If the module contains a TC 780, send a print to the OIC Unit

    There is a remaining balance due
    1. Review IDRS every 30 days, not to exceed six months, until the pending adjustment is resolved or no balance due remains on the account

    2. Follow instructions outlined in this table when the account is fully paid

    A potential refund situation exists following the adjustment action
    1. Accounting Operations forwards an ANMF transcript to CSCO

    2. Determine if there are other outstanding balance due liabilities for the entity

    3. Research CC ENMOD for a TC 130 before allowing the refund to issue

5.19.1.4.1.4  (11-04-2008)
NMF Semi-Annual Delinquent Accounts Inventory Profile (DAIP)

  1. As a result of ICS case management, CSCO no longer processes DAIP.

5.19.1.4.2  (04-28-2008)
Insolvency Issues

  1. When a taxpayer files for protection under the Bankruptcy Code, collection actions are suspended. Generally, the Centralized Insolvency Operation (CIO) is responsible for inputting Transaction Code (TC) 520 to each module covered under the bankruptcy. This action terminates notice generation, aside from a first notice, and places the modules in Status 72.

    Exception:

    TC 520 CC 84 does not automatically move to ST 72.

  2. Due to timing issues between the input of TC 520 and Automated Collection System (ACS) account actions taken, enforcement action could be taken. To eliminate these violations, Insolvency accessed ACS to release levies and continue with necessary actions on bankruptcy cases.

  3. If the account is in ST 72, verify the TC 520 closing code is for insolvency. (See Document 6209, IRS Processing Codes and Information, Section 11, TC 520 Closing Code Chart.)

  4. Clearly document all actions outlined in this subsection on AMS comments.

  5. CSCO may receive Official Form 18, "United States Bankruptcy Court" , from various states. It is not necessary to forward these forms to Insolvency. Discard them as classified waste.

5.19.1.4.2.1  (11-03-2010)
Contacts Regarding Insolvency Issues

  1. Do not automatically refer the taxpayer to the CIO when contacted and all or part of the account is in Status 72. First, determine the reasons for the call or correspondence and address any non-insolvency related issues as appropriate. 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 Bankruptcy. Utilize this tool to determine if an Installment Agreement can be granted. Refer the taxpayer to the CIO toll free number, 1-800-913-9358, for questions regarding the bankruptcy proceedings. For correspondence, refer the inquiry to the CIO via Form 4442.

  2. When receiving refund inquiries and a bankruptcy freeze is on an account:

    If... Then...
    TC 846 is present Provide the caller with the expected refund date

    Reminder:

    Do not contact the CIO concerning a refund when TC 846 is present.

    TC 810 with "RESP-U-CD>3" (Earned Income Tax Credit freeze) is present, Advise the taxpayer a review for the EITC amount is in process
    Both TC 846 and TC 840 with "RESP-U-CD>3" is present (partial refund is generating while an EITC freeze is on the account) Explain to the taxpayer the refund they will initially receive is the amount not subject to EITC review

  3. When the taxpayer needs immediate resolution to a lien or levy and their account is in Status 72 or they claim they are currently in bankruptcy, provide the CIO toll free number: 1-800-913-9358.

    Note:

    Status 72, 22, 71, and 26 (Route to appropriate area) For Status 72 route based on the TC 520 Closing Code; CDP/Appeals, Bankruptcy, Litigation, Refund Litigation, Tax Court, Civil penalty with Appeal Rights. Follow the TC520 Closing Code Chart in Document 6209 for the definitions of the closing codes to ensure the case is routed properly.

5.19.1.4.2.1.1  (04-28-2008)
Insolvency Debt — Discharged, Written Off or Forgiven

  1. When the taxpayer states the debt was discharged, written off, forgiven, etc., follow the procedures in the chart below:

    If ... Then ...
    All Notice Statuses
    1. Advise the taxpayer the Service will suspend collection until the issue is resolved.

    2. Use AMS to complete Form 4442, and fax it to CIO.

    3. Input STAUP 2209.

    4. Document AMS comments with actions taken. When the account updates to status 22 enter ACS history code "TOR4,45,BDISCR" indicating Bankruptcy discharged.

    The account is in ACS (ST 22)
    1. Follow 1) — 2) in the first "Then" procedures above.

    2. Reassign "TOR4" .

    3. Contact Headquarters Program Analyst with pertinent information if the account remains in ST 22 after the suspense period expires.

5.19.1.4.2.1.2  (04-28-2008)
Bankruptcy Filed

  1. If the taxpayer states they already filed bankruptcy , but the account is not Status 72, request and use AMS Form 4442 to document the following information from the caller:

    Note:

    Accounts Management and CSCO transfer or route all ST 22 cases to the appropriate ACS site.

    • Current status of the taxpayer’s bankruptcy (either opened or closed)

    • Date the petition was filed

    • Court location where the bankruptcy was filed

    • Case (docket) number)

    • Chapter under which the bankruptcy was filed

    • Discharge date if applicable

    • Taxpayer Identification Number(s)

    • Method of closure (dismissal or discharge) and the closure date (or general time frame) if the case is closed.

  2. Form 4442 — Additional information and routing procedures:

    1. Include on the form when a levy (including FPLP) or a lien was recently requested. If a levy or lien was recently requested, follow the procedures for Potential Stay Violations on the Insolvency (Bankruptcy) National Field/Centralized site.

    2. Fax to Philadelphia, Directory Insolvency (Bankruptcy) National Field/Centralized Site within 24 hours. The appropriate fax number can be found on SERP Who/Where . These numbers are official use only and should not be given to taxpayers.

  3. Delay Collection — Follow the appropriate procedure below:

    1. For Notice Status modules, input a STAUP to the next status for nine cycles.

    2. For ACS accounts, reassign to "TOR4,60" and release all levies.

5.19.1.4.2.1.3  (10-10-2008)
Will File Bankruptcy

  1. When the taxpayer states they will file bankruptcy, follow the appropriate procedures outlined in this subsection. Advise the taxpayer, as soon as the bankruptcy is filed, to immediately mail a copy of the bankruptcy to:

    Centralized Insolvency Operations
    Post Office Box 21126
    Philadelphia, PA 19114

  2. If the balance due meets or exceeds established criteria, make a lien determination and advise the taxpayer of Notice of Federal Tax Lien filing when appropriate; for criteria. See IRM 5.19.4.5.2 (a), Lien Filing Determinations(2).

  3. When working correspondence, advise the taxpayer of lien filing by sending Letter 2603C to the taxpayer. When necessary request a Federal Tax Lien be filed immediately. For additional information see IRM 5.19.4.5, Research on Federal Tax Liens and IRM 5.19.4.6, Procedures for Filing Liens.

  4. When working correspondence, you are required to resolve any issue under your authority and dispose of the document(s) in classified waste. Forward questions not under your authority to the appropriate operation. Use Letter 86C to notify the taxpayer. Follow Action 61 procedures in IRM 21.3.3.4.2.1 , Use of 86C Letter - Referring Taxpayer Inquiry/Forms to Another Office.

  5. Delay Collection — Follow appropriate procedures below:

    1. For Notice Status accounts, input STAUP 09 to the next status

    2. For Status 64, input STAUP 2209

    3. For Status 22 accounts, reassign to "TOXX,60" , where XX =:

      "I8" if a levy source is available and LT11 was not issued
      "R5" if a levy source is available and LT11 was issued
      "I2" if there is no levy source.

      Note:

      If the account is in S8, contact the ACS CDP Coordinator and do not remove from S8.

    4. When the follow up period expires and the account is still Status 22, proceed with normal processing

5.19.1.4.2.1.4  (04-28-2008)
Insolvency Request for ACS

  1. Insolvency may request ACS take one of the following actions listed in the chart below:

    If Insolvency requests ... Then ...
    An account transferred to a RO Enter History Code "TFRO,,AOTOXXXX" , where "XXXX" = the RO collection assignment number.
    An account transferred to them Enter History Code "TFRO,, XXXXXXXX" , where "XXXXXXXX" = the assignment code provided by Insolvency.
    Collection be pursued
    1. Contact the taxpayer and explain the tax is due and collectible.

    2. If unable to reach the taxpayer by phone, notate comments and pursue collection.

5.19.1.4.2.2  (04-28-2008)
Insolvency — Full Pay Within 60 Days/Installment Agreement Requests on Post-Petition Periods

  1. A Post-petition period(s) is a tax period that ends after the date of filing of the bankruptcy petition. The exception is employment taxes which are divisible by payroll date. The Bankruptcy Reform Act of 1994 (BRA94) granted permission to assess pre-petition tax periods while the debtor is under the protection of the automatic stay. Therefore, a pre-petition tax can be assessed after the petition date.

  2. Due to the new bankruptcy laws, procedures for allowing installment agreements vary among bankruptcy court jurisdictions. Insolvency must approve full pay within 60 days and an installment agreement on post-petition periods. Refer the request to Insolvency in the territory having jurisdiction of the taxpayer account by phone or faxing Form 4442.

    Note:

    In this situation, before referring an account to Insolvency, ensure the taxpayer is in bankruptcy.

    Example:

    If the closing codes on the Status 72 modules are 76 or 77, the account is in Collection Due Process (CDP); these cases are referred to the ACS CDP Coordinator.

    Reminder:

    Always follow Insolvency's direction on whether or not a full pay request or an installment agreement can be granted on the post-petition periods; local law and practices in each state may vary.

  3. Input a TC 971 AC 043 on an Installment Agreement request if it meets criteria. IRM 5.19.1.5.5, Installment Agreements.

  4. When contacting Insolvency for approval, tell the taxpayer you will contact them within 30 days. Open a control base on IDRS and follow up with the appropriate interim letter or phone call if resolution is not completed within the 30 days. Update AMS comments actions taken.

  5. After attempting contact with the Insolvency Unit by fax, if you do not receive a response within 21 days, contact them to follow up on the initial request. If you do not receive a response within 14 days after the follow up, refer the case to your manager for contact with the Insolvency Unit manager. Follow up with the taxpayer by sending the appropriate interim letter or by phone call.

  6. If an installment agreement is granted, and the TC 520 closing code is 60, 62, 64 or 66, it can be included in the installment agreement and input on IDRS using CC IAGRE. For all other closing codes, refer to related procedures. IRM 5.19.1.5.5.17, Manually Monitored Installment Agreements.

  7. If a full pay is granted, refer to applicable procedures. IRM 5.19.1.5.4 Methods of Payment

  8. When receiving an installment agreement request by correspondence, and modules are in Status 72, and the Bankruptcy Chapter is not available route to:

    Centralized Insolvency Operations
    Post Office Box 21126
    Philadelphia, PA
    19114

  9. Notify the taxpayer of the referral by sending Letter 86C.

5.19.1.4.3  (01-06-2010)
Deceased Taxpayers

  1. General processing guidelines:

    1. Except as otherwise noted throughout the following Decedent procedures, all procedures apply to contacts by phone, correspondence, or in person.

      Reminder:

      If a Decedent account includes any modules in Status 22, and you have no access to the ACS system, transfer the correspondence to the appropriate ACS Support site or the call to the appropriate ACS toll free number using the Telephone Transfer Guide.

    2. Decedent procedures apply to IMF, BMF sole proprietorship, and BMF partnership accounts.

    3. All information gathered and actions taken (including lien determinations) on Decedent accounts are to be documented in AMS. Asset information may be documented in the AMS narrative or AMS Financial screen. If AMS is not available, document on ENMOD or TXMOD as appropriate.

    4. If at any time original documents are received, make copies and return the originals to the provider.

      Reminder:

      Faxes are copies and do not need to be handled as originals.

    5. See IRM 11.3.2.4.11 for disclosure information on Decedent accounts. Secure Form 56 , Notice Concerning Fiduciary Relationship, when necessary to prove the creation or termination of a fiduciary relationship. Secure authorized representative forms ( Form 2848/ Form 8821) when necessary to verify an authorized representative.

      Note:

      A third party authorization ( Form 2848, Power of Attorney and Declaration of Representative, iForm 8821, Tax Information Authorization, or oral taxpayer information authorization) expires with the death of the taxpayer. An executor or administrator is appointed to act in place of the decedent and may provide a new authorization.

    6. A lien determination is required on all Decedent accounts. If personal or real property is identified during internal/external research as described below, a notice of federal tax lien is to be filed. Neither a fiduciary’s name nor the fiduciary’s address is to appear on the NFTL. If a fiduciary’s address has been added to the account, include in the case narrative the address of real property owned by the decedent prior to death or their last known address if they owned no property. For status 22 accounts, document that the lien should not be filed using the address on the account and enter "FM10" twice when requesting the lien. For non-status 22 accounts, enter the appropriate address on Form 12636 when requesting the lien. If a fiduciary’s name has been added to the account, document that the fiduciary’s name must be removed from the NFTL. For status 22 accounts, enter "FM10" twice when requesting the lien. For non-status 22 accounts, do not enter the fiduciary’s name on Form 12636 when requesting the lien. See IRM 5.19.4.5 for lien procedures.

    7. When it becomes necessary to suspend a case while waiting for additional information that is not available during the phone contact or in correspondence:

      If Then
      Status 22 account Based on the address and BOD of the account, provide the appropriate ACS Support mailing address. Enter history code TOR4,XX,DECD (XX = promised mailing time frame plus 10 days)
      Notice status account Based on the address and BOD of the account, provide the appropriate CSCO mailing address and enter STAUP 22XX (XX = promised mailing time plus 6 cycles).

    8. If procedures require the input of ACS history code TOR4 and the case is already in R4, use of history code OADT is acceptable.

    9. When sending referrals per the following procedures, include all supporting documents secured (e.g. copies of death certificate, wills, letters testamentary, Credit Bureau reports, etc.). Additionally, document research work undertaken, the lien determination, and attempts to contact the fiduciary on the referral.

    10. If communication is with a liable surviving party and the following decedent procedures require transfer to a Revenue Officer or referral to an Advisory Unit, document the liable party’s payment ability and transfer/refer the case. IRM 5.19.1.4.3.1 when communicating with a liable surviving party.

    11. Normal out call procedures and requirements apply when making out calls on Decedent accounts.

  2. Attempt to secure the following information on all contacts regarding the death of a taxpayer:

    1. Date of death (unless a TC 540 is already present).

      Note:

      If a date of death is not present on CC INOLE, attempt to secure a copy of the death certificate.

    2. County in which the taxpayer died.

    3. County in which the taxpayer resided at the time of death.

    4. Name, address, telephone number, and address of the fiduciary (executor or administrator), if any.

    5. Name and telephone number of person who is calling if different than (d) above in the event additional information is needed from them.

    6. If on a phone call and the caller is able to fax the documents during the call, ask them to fax the letters testamentary and probate/estate inventory. These documents, when available, are to be attached to all referrals to Advisory.

  3. Ask if assets were separately or jointly owned by the Decedent (e.g. real estate, accounts, stocks, bonds, pension plans, IRAs, other). Use the following table to probe for location and type of assets available:

    Type Of Asset Probing Questions
    Real estate
    • Where is it located (address including city and state)?

    • Value, equity, and mortgage holder?

    • Property owned jointly or individually? If jointly, name(s) and contact information of other owner(s)?

    Bank Accounts
    • Type of accounts(s) (e.g. savings, checking, money market, CD)?

    • Financial institution at which account(s) are held?

    • Value of account(s)?

    • Account(s) owned jointly or individually? If jointly, name(s) and contact information of other owner(s)?

    Stocks/Bonds
    • Stock(s) or bond(s)?

    • Name of and location of brokerage firm(s)/ broker(s)?

    • Value of stock(s)/bond(s)?

    Pensions/IRAs
    • Source(s) of pension(s)?

    • Name of and location of IRA holder(s)?

    • Value of account(s)?

    Other
    • Type of other asset(s)?

    • Value, equity, and lien holder?

    • Asset(s) owned jointly or individually? If jointly, name(s) and contact information of other owner(s)?

    • Location of the asset(s)?

  4. Ask if there is an open probate.

    1. Use the following table when there is an open probate:

      If Then
      There is no TC 520 with closing code 80 or 81 present
      • Request the court location and the docket number of the proceedings.

      • Prepare Form 4442, Inquiry Referral, with attachments/documents and fax or mail to appropriate Advisory Unit for a Proof of Claim determination.

      • If account is in notice status input a STAUP to the next status for 9 cycles. If the account is in status 22, assign the case TOR4,45,DECD.

      There is an un-reversed TC 520 with closing code 80 or 81 present Prepare Form 4442, Inquiry Referral, with attachments/documents and fax or mail to appropriate Advisory Unit.

    2. There may be instances in which the caller or correspondence states there are assets available but based on state law no probate is required. When that is the case, prepare Form 4442, Inquiry Referral, with attachments/documents and fax or mail to the appropriate Advisory Unit.

    3. If there are no remaining assets or the probate has closed, probe for information concerning any assets held by the decedent at the time of death that were dispersed even if there was not a requirement by the state to file probate.

      If Then
      Assets were dispersed Refer the case to the appropriate Advisory Unit via Form 4442 with all attachments/documents. Continue to (6)
      There were no assets dispersed Continue to (6).

  5. If the information in (2) – (3) is not available, take the following actions in the order listed to secure it. Stop at the point the needed information is attained.

    1. Research internal sources including IRPTR and RTVUE in the year prior to, year of, and years following death to identify potential assets. Additionally, secure a Custom Comprehensive People Search report from the current Locator Service vendor, if available. This report provides the date and county of death, as well as asset and locator information.

    2. If working correspondence or R4 inventory and a phone number is available, call the fiduciary or surviving liable party (i.e. surviving spouse or Partner in a BMF Partnership).

    3. When receiving the information from a third party by phone and the account is status 22, assign the case TOR4,00,DECD for contact attempt with the fiduciary or surviving liable party. When receiving the information from a third party by phone and the account is in notice status, prepare Form 4442, Inquiry Referral. Based on the address and BOD of the account route to the appropriate CSCO site for contact attempt with the fiduciary or surviving liable party. If unable to reach the fiduciary or liable surviving party after two contact attempts, continue to (d).

    4. If not previously sent, issue IDRS letter 2268C to request the information. Overlay the name line of the letter to include "Estate Of" . If the account is in notice status, input a STAUP to the next status for 9 cycles. If the account is in status 22, assign the case TOR4,30,DECD.

  6. When contact is with the fiduciary, conduct a full compliance check per IRM 5.19.1.5, make note of all cross-referenced accounts (i.e. IMF, BMF sole proprietor, or LLC partnership ), a partnership can be a member of an LLC. Please look at IRM 5.19.1.4.14Limited Liability Company (LLC) Accounts. Request any tax returns that are due, and establish a deadline for filing any delinquent returns identified. See IRM 5.19.2.6.4.5.6 for IMF Return Delinquency and IRM 5.19.2.6.5.4.3 for BMF Return Delinquency procedures.

  7. Use the following tables if all actions from (5) have been taken and decedent information has not been secured.

    1. If And Then
      Status 22 account (with or without date of death on INOLE) Usable levy source(s) present See IRM 5.19.4.3 for levy procedures and requirements and issue levies or take pre-levy action as necessary.
      No usable levy source(s) present IRM 5.19.1.4.3.1
      Notice status account with date of death on INOLE Usable levy source(s) present Input STAUP 2201
      No usable levy source(s) present IRM 5.19.1.4.3.1
      Notice status account with no date of death on INOLE   Input STAUP 2201

      Note:

      Usable levy sources are sources for either the decedent or a surviving liable party that can be levied by ACS. See IRM 5.19.4.3.7 (1) for levy sources that are not levied by ACS.

5.19.1.4.3.1  (01-06-2010)
Deceased Taxpayer- Balance Due Actions

  1. Follow existing procedures to update an account to Status 26 for any decedent account in which the deceased owned real property secured by a Notice of Federal Tax Lien at the time of death. These accounts are to be assigned to a Revenue Officer. The Revenue Officer will determine the need for any required collection.

    1. Status 22 accounts: Enter history code TFRO with definer 6501 or 6566.

    2. Notice status accounts: Input STAUP 2200, TSIGN 6401 or 6466.

  2. If a CI freeze is present and per the following procedures TC 540 must be entered, input TC 540 then prepare Form 4442 to refer the case to CI and:

    1. Status 22 accounts: Enter history code TOR4,21.

    2. Notice status accounts: Input STAUP 2203.

  3. If there is no liable surviving party:

    1. Input entity changes. IRM 5.19.1.4.3.2

    2. Continue with (6), below.

  4. Use the following table if there is a liable surviving party:

    If Then
    IMF and only the secondary taxpayer is deceased
    • Input entity changes. IRM 5.19.1.4.3.2

    • Pursue collection from the primary taxpayer.

    • Continue to paragraph 5.

    IMF and only the primary taxpayer is deceased
    • Input entity changes. IRM 5.19.1.4.3.2

    • Pursue collection from the secondary taxpayer.

    • Continue to paragraph 5.

    BMF Partnership and there are one or more surviving partners
    • Pursue collection from the surviving Partner(s).

    • Continue to paragraph 5.

  5. When the contact is by phone, conduct a tiered interview to determine the appropriate resolution for the liable party or estate. IRM 5.19.1 for applicable balance due collection procedures.

  6. When the primary taxpayer is deceased, regardless of the balance owed, if neither the surviving liable party nor the estate show a payment ability, input TC 530 CC 08 will generate a TC540 systemically on the account. Managerial approval is required when the assessed balance due is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

  7. If the primary taxpayer is deceased and a TC 530 CC 08 is not input, the mail file requirement must be deleted. In these cases, input TC 540 for the year in which the taxpayer died.

    Example:

    The primary taxpayer died in 2007. A surviving spouse, partner, or estate has the ability to pay. An installment agreement is established. TC 540 must be input on 30 200712.

  8. If the liable surviving spouse's TIN is invalid on the joint account, input TC 130 on the liable surviving spouse's TIN.

5.19.1.4.3.2  (10-10-2008)
Deceased Taxpayers - Entity Changes

  1. Make appropriate entity changes to IDRS CC ENMOD using IDRS CC ENREQ prior to closing the case. Update all cross reference TINs as appropriate.

    If Then
    The taxpayer is individual (FS1, FS3, FS4, or BMF sole proprietor)
    • Add "DECD" to the name line (e.g. JOHN W SMITH DECD)

    • If a fiduciary is present, add C/O to the fiduciary’s name in the second name line. For example: JOHN W SMITH DECD C/O JANE W DOE

    IMF joint taxpayer or BMF Partnership Enter "DECD" after the decedent’s name. If the decedent is the primary taxpayer, add the secondary taxpayer’s name as C/O on the second name line. For example: JOHN W DECD AND JILL P SMITH C/O JILL P SMITH

    Exception:

    If a fiduciary is present, enter the fiduciary name as C/O on the second name line. For example: JOHN W DECD AND JILL P SMITH C/O JANE W DOE

  2. Input an "in-care-of" name line on the continuation of the primary name line and/or make an address change if a representative requests to be recorded as the contact point on the decedent’s account and has provided one of the following:

    1. Completed Form 56, Notice Concerning Fiduciary Relationship.

    2. Court papers naming the person as a court-appointed or court certified personal representative for the estate of the deceased taxpayer.

    3. A will, validated through the court.

  3. The items in (2) should be solicited by Fax if the caller has them available and can fax the information while on the call. If unable to secure by fax:

    1. Status 22 accounts: Based on the address and BOD of the account, provide the appropriate ACS Support mailing address. Enter history code TOR4,XX,DECD (XX = promised mailing time frame plus 10 days).

    2. Notice status accounts: Based on the address and BOD of the account, provide the appropriate CSCO mailing address and enter STAUP 22XX (XX = promised mailing time plus 6 cycles).

5.19.1.4.4  (12-04-2009)
Trust Fund Recovery Penalty Issues

  1. The Trust Fund Recovery Penalty (TFRP) is a penalty typically assessed against any officer or person determined responsible for non-payment of income and employment tax withheld from an employee's check. The responsible person is personally liable for the penalty which equals the amounts withheld and not turned over to the government. The assets of the responsible person may be used to satisfy the TFRP liability. See IRM 5.19.14, Trust Fund Recover Penalty (TFRP), for specific guidelines and procedures for all accounts with TFRP issues.

  2. The TFRP program has been consolidated to the Ogden and Brookhaven campus CSCO Operations. They are responsible for cross-referencing payments (TC 699, 697 and 538) and Forms 3870 on cases where a (TC240 RN 618) is present.

  3. Balance due issues regarding TFRP assessments, whether Can't Pay, Won't Pay, Will Pay or Bankruptcy should be worked per normal procedures provided elsewhere in this IRM.

  4. Refer disputes regarding the assessment amount, claim forms, appeals and payment tracer issues to the consolidated TFRP sites as follows:

    1. Cases where the Corporate Entity State is CT, DC, DE, MA, MD, ME, NC, NH, NJ, NY, OH, PA, RI, VA, VT, and WV are worked in the Brookhaven Campus.

    2. All others are worked in the Ogden Campus. In addition, Ogden works cases where the Corporate Entity country is Guam, Puerto Rico and the Virgin Islands.

5.19.1.4.4.1  (04-28-2008)
TFRP Bankruptcy Situations

  1. When a taxpayer advises bankruptcy was filed: IRM 5.19.1.4.2.1.2

  2. ACS access only: Assign the case to R4 for follow up with the Advisory Unit and input the bankruptcy information in comments.

  3. Contact the Advisory Unit, outlining the facts and ascertain whether or not collection action should be suspended (TC 520).

  4. The Advisory Unit provides specific instructions about processing the case and may forward a Form 3870 to the area responsible for the TFRP if the penalty needs to be abated.

  5. ACS access only: Document these instructions in comments.

  6. Contact the Advisory Unit when the taxpayer advises their corporation is in bankruptcy and trust fund taxes are being paid, or were paid in part or in full through the bankruptcy court.

  7. The Advisory Unit advises the area responsible for the TFRP when the taxes were paid through bankruptcy via Form 3870.


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