Part 25. Special Topics

Chapter 23. Identity Protection and Victim Assistance

Section 4. IDTVA Paper Process

25.23.4 IDTVA Paper Process

Manual Transmittal

August 31, 2023

Purpose

(1) This manual transmits revised guidance for IRM 25.23.4, IDTVA Paper Process, and provides procedures for the treatment and resolution of Individual Master File (IMF) tax-related identity theft (IDT) cases.

Material Changes

(1) IRM 25.23.4.1.5(1), Replaced CIS Correspondence Imaging System with CII Correspondence Imaging Inventory. IPU 22U1236 issued 12-20-2022.

(2) IRM 25.23.4.2(9), Added a paragraph describing IDTVA P&A’s activities to properly manage inventory following IRM 1.4.16.5.6. IPU 22U0991 issued 10-04-2022.

(3) IRM 25.23.4.3(5), Added a paragraph for prioritizing statute year cases. Subsequent paragraphs were renumbered. IPU 23U0404 issued 03-16-2023.

(4) IRM 25.23.4.3(9) Exception, clarified this is for refund related IDT (i.e., invalid return filed) modules. IPU 23U0666 issued 05-26-2023.

(5) IRM 25.23.4.3.1(1), Added a link to IRM 25.23.2-16 to determine the appropriate category code for additional impacted years identified. Note clarified to specify dependent related and income/employment related IDT issues identified through CCA will require a CII case to be created even of no tax module exists. The TC 290 .00 with RC 139 will only be input if a TC 150 is present. Exception clarified to indicate it applies to refund related IDT cases. Reminder revised to clarify the coordination of multiple cases is not limited to taxpayer identified inventory and to add the requirement to document the coordination. IPU 22U1236 issued 12-20-2022.

(6) IRM 25.23.4.3.1(1) Note, reworded to include all income related cases identified through CCA should have a CII case opened. IPU 23U0666 issued 05-26-2023.

(7) IRM 25.23.4.3.1(2), Clarified to specify the IRS received Date for IRS identified IDT cases will be the date of identification. Clarified existing information in the reminder to specify the appropriate category code and IRS received date to use when creating a new case instead of opening a case from archive. IPU 22U1236 issued 12-20-2022.

(8) IRM 25.23.4.3.1(4) Note, Revised to use "*,*" .

(9) IRM 25.23.4.3.4(2), Added new CCA literals.

(10) IRM 25.23.4.3.5(2), Added Priority Code 7 for statute imminent cases and Priority Code 8 for cases identified for statute clearing. IPU 22U1236 issued 12-20-2022.

(11) IRM 25.23.4.3.5(3), Revised PC 3 to clarify it is for cases that do not meet criteria for PC 1 or PC 2. IPU 23U0404 issued 03-16-2023.

(12) IRM 25.23.4.3.5(3), Added Priority Code 7 for statute imminent cases and Priority Code 8 for cases identified for statute clearing. IPU 22U1236 issued 12-20-2022.

(13) IRM 25.23.4.3.5(4), Updated example for clarity.

(14) IRM 25.23.4.4(4)(e), Added an example for non-tax-related responses to Letter 12C. IPU 22U1236 issued 12-20-2022.

(15) IRM 25.23.4.6(2), Clarified statement to include potential IDT cases. Revised to include a suggestion to attach IRPTR screen prints for cases at or approaching 10 years. IPU 22U1236 issued 12-20-2022.

(16) IRM 25.23.4.6(4), Added a paragraph to address No IDT scenarios. IPU 23U0404 issued 03-16-2023.

(17) IRM 25.23.4.6.1(3), Added a new paragraph to provide specific research required for the invalid side of a TIN. All subsequent paragraphs were renumbered. IPU 22U1236 issued 12-20-2022.

(18) IRM 25.23.4.6.2(6) Table Scenario (1), Revised to include additional references for address changes. IPU 22U0991 issued 10-04-2022.

(19) IRM 25.23.4.6.2(6), Revised table header to reflect IRM References and Resources. Added Prisoner account circumstances with Department of Corrections websites as a suggested resource for research. IPU 22U1236 issued 12-20-2022.

(20) IRM 25.23.4.6.2(6), Added General POA row and added a link to PublicRecordCenter.com.

(21) IRM 25.23.4.6.1(8), Added State Reverse File Matching Initiative (SRFMI) research information and an example of how it may be used. IPU 22U1236 issued 12-20-2022.

(22) IRM 25.23.4.6.1(17), Added a note to provide information about TC 971 AC 129. IPU 23U0193 issued 01-31-2023.

(23) IRM 25.23.4.6.1(19), Added a requirement to document research completed, results of research, request for reassignment, and lead or manager approval to reassign in a CII case note prior to assigning the case to an IDT category code. IPU 22U1236 issued 12-20-2022.

(24) IRM 25.23.4.6.3(1) Table Scenario (1), Revised to address unprocessed TC 977 returns and link to Unprocessed Documents procedures. Added Table Scenario (8) to provide guidance for required research and determination of CN owner’s appropriate address. IPU 22U0991 issued 10-04-2022.

(25) IRM 25.23.4.6.4(3), Added new CCA literals and corrected literals in the example.

(26) IRM 25.23.4.7(5), Deleted paragraph and moved it to IRM 25.23.4.8(3).

(27) IRM 25.23.4.8(3), Moved paragraph from IRM 25.23.4.7 since it applies to streamline case as well.

(28) IRM 25.23.4.8(7), Added a new paragraph to address cases determined not to be tax related identity theft but requiring non-tax-related resolution. IPU 22U1236 issued 12-20-2022.

(29) IRM 25.23.4.8(7), Revised paragraph to move existing information into a table and add procedures for accounts with a TC 971 AC 527 when the taxpayer requests an IP PIN. IPU 23U0404 issued 03-16-2023.

(30) IRM 25.23.4.8(8), Added a paragraph to provide guidance for complex case scenarios. IPU 23U0404 issued 03-16-2023.

(31) IRM 25.23.4.8.1.1(7), Removed reference to IRM 25.25.2.8 because it no longer exists. IPU 23U0404 issued 03-16-2023.

(32) IRM 25.23.4.8.1.2(4), Added new paragraph with instruction to use category code IDT8/IDS8.

(33) IRM 25.23.4.8.1.4(4), Added a paragraph to specify Invalid Joint Election must be considered when the return in question includes taxpayers who know each other but does not meet MFJ scheme criteria. IPU 22U1236 issued 12-20-2022.

(34) IRM 25.23.4.8.1.4.1(6)(d), reworded for clarification.

(35) IRM 25.23.4.8.1.6(5), Revised to correct the MISC field for TC 971 AC 504. IPU 22U1236 issued 12-20-2022.

(36) IRM 25.23.4.8.2.2(1), Added a scenario to address No IDT determinations. IPU 22U1236 issued 12-20-2022.

(37) IRM 25.23.4.8.3(1), Revised to state a dependent is a victim of identity theft when they are included on an invalid return as a primary taxpayer, secondary taxpayer, or dependent. IPU 22U0991 issued 10-04-2022.

(38) IRM 25.23.4.8.3(3), Bullet 4 revised to remove specification of both parents claiming the dependent. The reminder was moved to bullet 5 as a result of the revision. IPU 22U0991 issued 10-04-2022.

(39) IRM 25.23.4.8.3.1(2) Added a reference to the new Exhibit 25.23.4-22, Establishing Entities for Dependents. Removed the exception as a result of the addition of procedures for determining the appropriate address for the dependent. IPU 22U0991 issued 10-04-2022.

(40) IRM 25.23.4.8.3.1(2), Clarified existing information to state the word “minor” will not be included, unless specifically stated in the correspondence, and the reporting person’s name will not be included in the “Continuation of Primary Name” field when establishing or updating the entity of a dependent. IPU 22U1236 issued 12-20-2022.

(41) IRM 25.23.4.8.3.1(2), Added a note to address telephone number requirements when establishing or updating the entity for a dependent. IPU 23U0193 issued 01-31-2023.

(42) IRM 25.23.4.8.3.1(3), Revised acceptable documentation to include birth certificates and unacceptable documentation to specify school records and proof of medical insurance. IPU 22U0991 issued 10-04-2022.

(43) IRM 25.23.4.8.3.1(7), Table Scenario (4) revised to direct to procedures in paragraph (8) Table Scenario (1) instead of requesting additional information. IPU 22U0991 issued 10-04-2022.

(44) IRM 25.23.4.8.3.1(8), Added a reminder to address AdvCTC when the statement includes non-receipt of the advance payments. Table Scenario (1) revised to include a note instructing to send a manual letter in certain situations. IPU 22U0991 issued 10-04-2022.

(45) IRM 25.23.4.8.3.1(8), Table Scenario (6) then revised to remove the reference to IRM 25.23.2.6.6.2 as that information was moved to another reference previously cited in this scenario. IPU 22U1236 issued 12-20-2022.

(46) IRM 25.23.4.8.3.1(8), Table Scenario (8) revised to include scenarios where the victim is a dependent of their parent/legal guardian and was listed as a dependent on an invalid return filed using their parent/legal guardian’s personal information. IPU 23U0193 issued 01-31-2023.

(47) IRM 25.23.4.8.3.1(8), Table Scenario (1) revised to specify an open paragraph instead of paragraph B due to letter updates. Table Scenario (6) revised to add an exception for Form 3949-A. IPU 23U0404 issued 03-16-2023.

(48) IRM 25.23.4.8.3.1(8), Updated selectable paragraphs.

(49) IRM 25.23.4.9.1.1(2), Revised existing information to clarify the CSED would be based on the processing of invalid return. IPU 23U0404 issued 03-16-2023.

(50) IRM 25.23.4.9.1.1.1, Updated title to reflect tax year 2012. IPU 23U0404 issued 03-16-2023.

(51) IRM 25.23.4.9.1.1.1(1), Revised to reflect tax year 2012. IPU 23U0404 issued 03-16-2023.

(52) IRM 25.23.4.9.1.1.1(2), Revised existing information to clarify internal research requirements for making a determination. Moved example to step d). Step a) revised to add a note stating there is no requirement to complete Form 9409 when IRPTR information is not available. Step d) revised to provide a link, add a reminder previously found in Step e), and add an example previously found before Step a). Step e) revised to move reminder to Step d). IPU 23U0404 issued 03-16-2023.

(53) IRM 25.23.4.9.1.1.1(3), Clarified existing information to specify the scenarios apply to invalid returns not meeting streamline criteria. IPU 23U0404 issued 03-16-2023.

(54) IRM 25.23.4.9.1.1.1(7), Expanded on existing procedures to include payments and offsets that need to be transferred. IPU 23U0404 issued 03-16-2023.

(55) IRM 25.23.4.9.1.2(1), Reminder was revised to remove instructions to suspend to statutes. IDTVA is responsible for all statute case actions on identity theft cases. IPU 22U1236 issued 12-20-2022.

(56) IRM 25-23.4.9.1.2(1), Revised existing information to state the account information must be moved when any of the conditions are met. Clarified first bullet to state the incorrect taxpayer’s information will be moved to an IRSN. Added a bullet to include a scenario for the valid taxpayer’s return moved to MFT 32 in error. IPU 23U0404 issued 03-16-2023.

(57) IRM 25.23.4.9.1.3(2), First bullet clarified for consistency throughout IRM. IPU 22U0991 issued 10-04-2022.

(58) IRM 25.23.4.9.1.3(2), Second bullet revised to clarify self-employment income that must be addressed. Third bullet clarified that overpayment is attributable to the invalid return or payments received by someone other than the valid taxpayer. Clarified the note to specify the information within is applicable to a mixed entity case. Fourth bullet revised to clarify the IRS offsets attributable to the non-owner of the CN will be reversed and provide instructions for informing the valid taxpayer. Added a bullet to provide instructions for inputting an appropriate cross reference transaction. IPU 23U0404 issued 03-16-2023.

(59) IRM 25.23.4.9.1.3(1), Removed reference to the subsections above. Deleted third bullet as it is not an action taken on the IRSN module. Clarified caution to specify an IRSN will be assigned for the invalid taxpayer. IPU 23U0404 issued 03-16-2023.

(60) IRM 25.23.4.9.1.4(1), Added a paragraph to state accounts with all information belonging to the invalid taxpayer may be merged to IRSN. All subsequent paragraphs were renumbered. IPU 23U0404 issued 03-16-2023.

(61) IRM 25.23.4.9.1.4(3), Existing information revised to provide a more appropriate reference. IPU 23U0404 issued 03-16-2023.

(62) IRM 25.23.4.9.1.4(4), Added routing information

(63) IRM 25.23.4.9.1.4(5), New paragraph added to include instructions for a TC 150 return that will be moved to an IRSN, has an expired ASED, and the valid taxpayer filed a return that needs to be processed

(64) IRM 25.23.4.9.2, New subsection created for Statute Imminent Assessments for IDT Cases. Previous information, related subsections, and subsequent subsections were renumbered. IPU 23U0404 issued 03-16-2023.

(65) IRM 25.23.4.9.3(2), Step c) revised to specify the procedures are followed to address the invalid return. IPU 23U0404 issued 03-16-2023.

(66) IRM 25.23.4.9.3(4), Step 1) revised to include instructions for returns found in another CII case. Step 2) revised to update the location of the job aid and clarify the original statement. Step 3) added a reminder to attach forms/worksheets used. IPU 23U0404 issued 03-16-2023.

(67) IRM 25.23.4.9.3(5), Information within the table was reworded for clarity but does not change the content. IPU 23U0404 issued 03-16-2023 IRM 25.23.4.9.3(5), Information within the table was reworded for clarity but does not change the content. IPU 23U0404 issued 03-16-2023

(68) IRM 25.23.4.9.3(5), Information within the table was reworded for clarity but does not change the content. IPU 23U0404 issued 03-16-2023.

(69) IRM 25.23.4.9.3(6), Original information in the opening paragraph was reworded for clarity but does not change the content. Generalized bullet points and added a reference for penalties. Moved the example below the new reference for penalties. IPU 23U0404 issued 03-16-2023.

(70) IRM 25.23.4.9.3.1(2), Step e) revised to add a caution for modules with a total tax of more than .00. Step h) added information previously found in Step j). Subsequent steps were renumbered. Information in Step j) was moved to new step h). IPU 23U0404 issued 03-16-2023.

(71) IRM 25.23.4.9.3.1(4), Step a) revised for clarity and to specify the total tax on a module. Step b) revised for clarity and to specify the total tax on a module. IPU 23U0404 issued 03-16-2023.

(72) IRM 25.23.4.9.3.2(2), Information was reworded for clarity but does not change the content. IPU 23U0404 issued 03-16-2023.

(73) IRM 25.23.4.9.3.2(4) Table Scenario (1) revised and column to specify the tax on the module. Table Scenario (2) revised if column to state there is a barred statute, the and column to specify the tax on the module, and then column to clarify the barred amount is the total amount that cannot be assessed. Table Scenario (3) revised and column to specify the tax on the module. Table Scenario (4) revised and column to specify the tax on the module and the then column to clarify the barred amount is the total amount that cannot be assessed. IPU 23U0404 issued 03-16-2023.

(74) IRM 25.23.4.9.3.2(5) All examples were reworded for clarity but did not change the content. IPU 23U0404 issued 03-16-2023.

(75) IRM 25.23.4.10(5) Added a paragraph to address dependents included on an invalid return. IPU 22U1236 issued 12-20-2022.

(76) IRM 25.23.4.10.1(1) Removed specification of direct deposit not being issued. Step m revised for consistency throughout IRM. IPU 22U0991 issued 10-04-2022.

(77) IRM 25.23.4.10.1(1) Added a reminder about dependent related IDT. IPU 22U1236 issued 12-20-2022.

(78) IRM 25.23.4.10.1(1), Updated Alpha List for clarity.

(79) IRM 25.23.4.10.3(1) Added a reminder about dependent related IDT. IPU 22U1236 issued 12-20-2022.

(80) IRM 25.23.4.10.4(1) Steps c and k revised for consistency throughout IRM. IPU 22U0991 issued 10-04-2022.

(81) IRM 25.23.4.10.4(1) Added a reminder about dependent related IDT. IPU 22U1236 issued 12-20-2022.

(82) IRM 25.23.4.10.6(1) Added a reminder about dependent related IDT. IPU 22U1236 issued 12-20-2022.

(83) IRM 25.23.4.10.6(4) Steps c and j revised for consistency throughout IRM. IPU 22U0991 issued 10-04-2022.

(84) IRM 25.23.4.10.6(4) Added a note referencing IRM 25.23.4.6.3 and Exhibit 25.23.4-21. IPU 22U1236 issued 12-20-2022.

(85) IRM 25.23.4.10.8(2) Added a reminder about dependent related IDT. IPU 22U1236 issued 12-20-2022.

(86) IRM 25.23.4.10.10.1(4) Caution revised to clarify refunds applied to a module before the CSED expires will be addressed as payments as described in paragraph (3). IPU 22U0991 issued 10-04-2022.

(87) IRM 25.23.4.10.10.1(4), Corrected priority code to post delay.

(88) IRM 25.23.4.10.12 Revised title to include Duplicate Returns. IPU 22U1236 issued 12-20-2022.

(89) IRM 25.23.4.10.12(2) Clarified existing information to include duplicate returns. IPU 22U1236 issued 12-20-2022.

(90) IRM 25.23.4.10.12(1) Clarified existing information to include duplicate returns. IPU 22U1236 issued 12-20-2022.

(91) IRM 25.23.4.10.12.1 Revised title to include Duplicate Returns. IPU 22U1236 issued 12-20-2022.

(92) IRM 25.23.4.10.12.1(1) Clarified existing information to include duplicate returns. IPU 22U1236 issued 12-20-2022.

(93) IRM 25.23.4.10.12.1(2) Clarified existing information to include duplicate returns. IPU 22U1236 issued 12-20-2022.

(94) IRM 25.23.4.10.12.1(3) Clarified existing information to include duplicate returns. IPU 22U1236 issued 12-20-2022.

(95) IRM 25.23.4.10.12.1(4) Clarified existing information to include duplicate returns and TC 976. IPU 22U1236 issued 12-20-2022.

(96) IRM 25.23.4.10.12.2 Revised title to include Duplicate Returns. IPU 22U1236 issued 12-20-2022.

(97) IRM 25.23.4.10.12.3 Revised title to include Duplicate Returns. IPU 22U1236 issued 12-20-2022.

(98) IRM 25.23.4.10.12.4 Revised title to include Duplicate Returns. IPU 22U1236 issued 12-20-2022.

(99) IRM 25.23.4.10.12.4(1) Clarified information to include additional case types. IPU 22U1236 issued 12-20-2022.

(100) IRM 25.23.4.10.12.4(1),Note added to advise the taxpayer their return will be processed separately.

(101) IRM 25.23.4.10.12.4(2) Clarified information to include additional case types and added a table to list Program and Category Codes by case type. IPU 22U1236 issued 12-20-2022.

(102) IRM 25.23.4.10.12.4(2), added instruction for the IRS received date.

(103) IRM 25.23.4.10.12.4(3) Added instructions to include a case note documenting the determination. IPU 23U0497 issued 04-11-2023.

(104) IRM 25.23.4.10.12.4(3) Added new paragraph to move information previously found in paragraph (2). Subsequent paragraphs were renumbered. IPU 22U1236 issued 12-20-2022.

(105) IRM 25.23.4.10.12.4(4) Removed paragraph, because all non-IDT cases will be reassigned to be redistributed. Subsequent paragraph was renumbered. IPU 23U0497 issued 04-11-2023.

(106) IRM 25.23.4.10.12.4(4) Revised existing information to remove specification of XRET. IPU 22U1236 issued 12-20-2022.

(107) IRM 25.23.4.10.14(3)-(5), Added instruction to input a TC 971 AC 528 to the dependent’s entity.

(108) IRM 25.23.4.10.12.4(5) Removed specification of employees not trained on the program to broaden this instruction. IPU 23U0497 issued 04-11-2023.

(109) IRM 25.23.4.10.15(1) Note, Added note to address TC 971 AC 501 and 506.

(110) IRM 25.23.4.10.15(1) Caution revised to state income related and dependent related IDT cases being closed as non-tax-related issues require a manual letter to be sent to address the specific concerns. IPU 22U0991 issued 10-04-2022.

(111) IRM 25.23.4.10.15(1) Caution was changed to a reminder and revised to reference IRM 25.23.4.8, Identity Theft (IDT) Common Number (CN) Ownership and Case Processing Determinations. IPU 22U1236 issued 12-20-2022.

(112) IRM 25.23.4.10.15(2)(a) Added a caution for accounts that reflect a TC 971 AC 527. IPU 23U0404 issued 03-16-2023.

(113) IRM 25.23.4.10.15(2)(b) Revised to remove instructions to refer to paragraph “d”. IPU 22U1236 issued 12-20-2022.

(114) IRM 25.23.4.10.15(2)(d) Revised for consistency with IRS identified resolution in alignment with the amended and duplicate returns procedures. IPU 22U1236 issued 12-20-2022.

(115) IRM 25.23.4.10.15(2)(d) Added exception for CP 36F cases converted in error. IPU 23U0404 issued 03-16-2023.

(116) IRM 25.23.4.10.15(2)(d) Removed instructions specific to duplicate/amended return scenarios that do not apply due to the procedural change to reassign those cases. Changing the exception to a note did not change the content. IPU 23U0497 issued 04-11-2023.

(117) IRM 25.23.4.10.15(3) Removed instruction not to input TC 972 AC 522 IRSERR when the taxpayer is a previous victim of identity theft. IPU 23U0193 issued 01-31-2023.

(118) IRM 25.23.4.10.15(3)(c) Revised for consistency with taxpayer identified resolution in alignment with the amended and duplicate returns procedures. IPU 22U1236 issued 12-20-2022.

(119) IRM 25.23.4.10.15(3)(c) Added exception for CP 36F cases converted in error. IPU 23U0404 issued 03-16-2023.

(120) IRM 25.23.4.10.15(3)(c) Removed instructions specific to duplicate/amended return scenarios that do not apply due to the procedural change to reassign those cases. Changing the exception to a note did not change the content. IPU 23U0497 issued 04-11-2023.

(121) IRM 25.23.4.10.12.4(5) Revised existing information to remove specification of XRET. IPU 22U1236 issued 12-20-2022.

(122) IRM 25.23.4.10.16(1) Added a link to IRM 25.23.4.18.2. Caution was changed to a reminder and revised to reference IRM 25.23.4.8, Identity Theft (IDT) Common Number (CN) Ownership and Case Processing Determinations. IPU 22U1236 issued 12-20-2022

(123) IRM 25.23.4.10.16(2) Table scenario (2) revised to add instructions for amended and duplicate returns procedures. IPU 22U1236 issued 12-20-2022.

(124) IRM 25.23.4.10.16(2) Table scenario (2) revised to add an exception for CP 36F cases converted in error. IPU 23U0404 issued 03-16-2023.

(125) IRM 25.23.4.10.16(2) Table Scenario (2) Removed instructions specific to duplicate/amended return scenarios that do not apply due to the procedural change to reassign those cases. Changing the exception to a note did not change the content. IPU 23U0497 issued 04-11-2023.

(126) IRM 25.23.4.12.3(1) Added a bullet instructing employees to add a notation to see AMS history for deleted sources when Form 9409 was completed. IPU 22U1236 issued 12-20-2022

(127) IRM 25.23.4.13.3(4) Updated the email address for appeals IDT cases. IPU 23U0193 issued 01-31-2023.

(128) IRM 25.23.4.15(2) Added instructions to monitor the account for posting of the return and refer to paragraph (4). IPU 22U1236 issued 12-20-2022.

(129) IRM 25.23.4.15(3) Table Scenario (5) revised to include only instructions for taxpayers determined not to be victims of identity theft. Table Scenario (6) added to provide instructions for taxpayers determined to be victims of identity theft. IPU 23U0404 issued 03-16-2023.

(130) IRM 25.23.4.15(3) Moved information in the note to paragraph (4). IPU 22U1236 issued 12-20-2022.

(131) IRM 25.23.4.15(4) Added the information from paragraph (3) note. IPU 22U1236 issued 12-20-2022.

(132) IRM 25.23.4.16(5) Added a paragraph to provide instructions to follow up when the TC 843 or TC 702 is not posted or pending within 8 weeks. IPU 22U1236 issued 12-20-2022.

(133) IRM 25.23.4.18(3)-(5), Added new paragraphs regarding the LEP indicator.

(134) IRM 25.23.4.18(1), Moved Note and Exception to IRM 25.23.4.18(5).

(135) IRM 25.23.4.18.1(1) Note was revised to include information about LEP indicator and MFR code requirements for determining if correspondence should be issued in Spanish. IPU 23U0404 issued 03-16-2023.

(136) IRM 25.23.4.18.1(4) Note revised to clarify the acknowledgement letter requirements apply to cases referred by a Compliance function. Expanded on procedures to specify the appropriate address to use. Caution revised to update 350 days to 420 days. IPU 23U0193 issued 01-31-2023.

(137) IRM 25.23.4.18.1(8) Revised to specify the interim letter will not be sent earlier than 415 days after the IRS received date. Updated reminder and example based on this change. IPU 23U0193 issued 01-31-2023.

(138) IRM 25.23.4.18.1(12) Added an exception for accounts with a TC 971 AC 524 on CC ENMOD/IMFOLE. Updated website provided in special paragraphs for consistency. IPU 23U0404 issued 03-16-2023.

(139) IRM 25.23.4.18.1(15), Updated paragraph selection.

(140) IRM 25.23.4.18.1(22) Revised to include No IDT and No Reply cases. IPU 22U0991 issued 10-04-2022.

(141) IRM 25.23.4.18.2(2) Note was revised to include information specific to messages for dependent related IDT cases. IPU 22U1236 issued 12-20-2022.

(142) IRM 25.23.4.18.2(10) Added a note providing instructions for no reply when the claim was submitted by an unauthorized third party. IPU 22U1236 issued 12-20-2022.

(143) IRM 25.23.4.19(1) Moved information from paragraph (2) to paragraph (1). IPU 22U1236 issued 12-20-2022.

(144) IRM 25.23.4.19(2) Moved information from paragraph (1) to paragraph (2). IPU 22U1236 issued 12-20-2022.

(145) IRM 25.23.4.19(3) Specified Spanish in place of a non-English language. IPU 22U1236 issued 12-20-2022.

(146) IRM 25.23.4.19.1 Added a new subsection for transitions to languages other than Spanish. IPU 22U1236 issued 12-20-2022.

(147) IRM 25.23.4.20(23) Clarified existing information to emphasize advanced payments do not require repayment. Added a caution to specify taxpayers who receive excess RRC that is not in the form of an advanced payment are required to repay the amount that exceeds what they are entitled to. IPU 23U0193 issued 01-31-2023.

(148) IRM 25.23.4.20.2(8) Added a link to IRM 21.5.3.4.17, Amended Economic Impact Payment (EIP) Return. IPU 22U1236 issued 12-20-2022.

(149) IRM 25.23.4.21.2.2, Added directions on when to input a TC 971 AC 195.

(150) IRM 25.23.4.21.2.2(5) Added a paragraph to provide specific requirements when adjusting AdvCTC. Subsequent paragraphs were renumbered. IPU 22U0991 issued 10-04-2022.

(151) IRM 25.23.4.21.2.2(7) Revised to remove information included in the new paragraph (5) and clarify post delay requirements. IPU 22U0991 issued 10-04-2022.

(152) IRM 25.23.4.21.2.2(8) Table Scenario 3 Then step 2 revised to remove information included in the new paragraph (5) and clarify post delay requirements. Table Scenario 5 Then step 2 revised to remove information included in the new paragraph (5) and clarify post delay requirements. Table Scenario 6 removed, because it duplicated information in Table Scenario 2. IPU 22U0991 issued 10-04-2022.

(153) IRM 25.23.4.21.2.2(9) Table Scenario 2 Then step 2 revised to remove information included in the new paragraph (5) and clarify post delay requirements. Table Scenario 4 Then step 2 revised to remove information included in the new paragraph (5) and step 3 removed. IPU 22U0991 issued 10-04-2022.

(154) IRM 25.23.4.21.2.2(10) Table Scenario 1 Then step 2 revised to remove information included in the new paragraph (5) and clarify post delay requirements. IPU 22U0991 issued 10-04-2022.

(155) IRM 25.23.4.21.2.3(5) Step 1 revised to remove information included in IRM 25.23.4.21.2.2(5) and clarify post delay requirements. Step 3 revised to clarify post delay requirements. IPU 22U0991 issued 10-04-2022.

(156) IRM 25.23.4.21.2.3(5), Added new step with instruction on when to input a TC 971 AC 195.

(157) Exhibit 25.23.4-4(3) Clarified existing information in table scenario (3) for international cases with IDTVA Specialty involvement. Expanded to provide specific information for updating and reassigning the case. IPU 22U1236 issued 12-20-2022.

(158) Exhibit 25.23.4-5(6) Table Scenario (8) revised to add an exception for SBA loans. Table Scenario (9) revised to specify FRP referrals will be made on Form 4442, a CII case note documenting research is required, and the CII case will be closed. IPU 22U0991 issued 10-04-2022.

(159) Exhibit 25.23.4-5(6), Updated for clarity.

(160) Exhibit 25.23.4-7, Removed references to ITAR.

(161) Exhibit 25.23.4-9, Removed references to ITAR.

(162) Exhibit 25.23.4-10(1), Updated selectable paragraphs.

(163) Exhibit 25.23.4-13, Added format to Cc: ITVA HQ.

(164) Exhibit 25.23.4-5(11) Revised to include the appropriate Priority Code for Specialty Cases. IPU 22U1236 issued 12-20-2022.

(165) Exhibit 25.23.4-15 Title revised to include designated individuals. IPU 23U0404 issued 03-16-2023.

(166) Exhibit 25.23.4-15(2) Revised existing procedures to include category code RPM and a caution for teams that have been combined. IPU 23U0404 issued 03-16-2023.

(167) Exhibit 25.23.4-15(6) Added a new step a) for cases assigned to category codes other than IDI1, IDI2, IDI5, IDI6, IDII, or RPMC. Subsequent steps were renumbered. IPU 23U0404 issued 03-16-2023.

(168) Exhibit 25.23.4-15(7) Added a new Table Scenario (1) for cases assigned to a category code other than IDI1, IDI2, IDI5, IDI6, IDII, or RPMC. Subsequent scenarios were renumbered. IPU 23U0404 issued 03-16-2023.

(169) Exhibit 25.23.4-15(10) Table Scenarios (3) and (4) actions were revised to include instruction to see paragraph (11). IPU 23U0404 issued 03-16-2023.

(170) Exhibit 25.23.4-15(11) Added a paragraph to address creation of cases when documents can and cannot be obtained. IPU 23U0404 issued 03-16-2023.

(171) Exhibit 25.23.4-15(11), Added bullet to include CII note.

(172) Exhibit 25.23.4-15(12) Added a paragraph to provide references for processing specialty and RPM cases. IPU 23U0404 issued 03-16-2023.

(173) Exhibit 25.23.4-21(2) Table Scenario (2) revised for consistency throughout IRM. IPU 22U0991 issued 10-04-2022.

(174) Exhibit 25.23.4-21(3) Table Scenario (2) revised to remove specification of direct deposit not being issued. IPU 22U0991 issued 10-04-2022.

(175) Exhibit 25.23.4-22 Revised title to Establishing or Updating Entities for Dependents. IPU 22U1236 issued 12-20-2022.

(176) Exhibit 25.23.4-22(2) Added a scenario for dependents who are now 18 and filing a tax return as a primary or secondary taxpayer when the reporting parent did not provide proof of guardianship. IPU 23U0404 issued 03-16-2023.

(177) Exhibit 25.23.4-22(2) Added a note clarifying what is meant by the term "address update" in the tables. Clarified existing table scenarios to specify custodial parent, verified parent, amended return, address update exceptions, and AMS history exceptions, where applicable. IPU 22U1236 issued 12-20-2022.

(178) Exhibit 25.23.4-22(3) Added instructions to refer cases that do not meet any scenario in the tables to ITVA HQ using Form 4442. IPU 22U1236 issued 12-20-2022.

(179) Exhibit 25.23.4-22 Created exhibit to provide guidance in determining what address to use when establishing entities for dependents. IPU 22U0991 issued 10-04-2022.

(180) Exhibit 25.23.4-23 Created exhibit to provide examples of complex case scenarios requiring multiple treatment streams to resolve the account. IPU 23U0404 issued 03-16-2023.

(181) Exhibit 25.23.4-24 Created exhibit to provide statute clearing procedures. IPU 23U0404 issued 03-16-2023.

(182) IRM 25.23.4 Replaced CIS with CII throughout. IPU 22U1236 issued 12-20-2022.

(183) IRM 25.23.4, Various editorial changes and IRM cross references updated throughout the entire IRM.

Effect on Other Documents

This IRM supersedes IRM 25.23.4 effective 10-01-2022 and incorporates Identity Theft Case Processing IRM Procedural Updates (IPUs):
• IPU 22U0991 (issued 10-04-2022)
• IPU 22U1236 (issued 12-20-2022)
• IPU 23U0193 (issued 01-31-2023)
• IPU 23U0404 (issued 03-16-2023)
• IPU 23U0497 (issued 04-11-2023)
• IPU 23U0666 (issued 05-26-2023)

Audience

The provisions in this manual apply to all divisions, functional units, employees, and contractors within the IRS working identity theft (IDT) cases.

Effective Date

(10-01-2023)

Joseph Dianto, Director
Accounts Management
Wage and Investment Division

25.23.4.1 (10-21-2019)

Program Scope and Objectives

  1. Purpose - This IRM section provides guidance for resolving identity theft (IDT) casework.

  2. Audience - The provisions in this section apply primarily to employees assigned to the Identity Theft Victim Assistance (IDTVA) directorate, but may be used by all divisions, functional units, employees and contractors within the IRS working identity theft cases.

  3. Policy Owner - The owner of the policies contained herein is the Director, Accounts Management.

  4. Program Owner - The Director of Accounts Management is the program owner.

  5. Primary Stakeholders - The primary stakeholders are organizations that Accounts Management collaborates with, such as Return Integrity and Compliance Services (RICS), Compliance and Submission Processing.

  6. Program Goals - Program goals for this type of work are included in the Accounts Management Program Letter.

25.23.4.1.1 (10-01-2017)

Background

  1. Employees in the Identity Theft Victim Assistance (IDTVA) organization process identity theft (IDT) claims and respond to IDT victims’ phone inquiries.

25.23.4.1.2 (10-21-2019)

Authority

  1. Refer to IRM 1.2.1.13, Policy Statements for Customer Account Services Activities, for information.

25.23.4.1.3 (10-21-2019)

Responsibilities

  1. The Wage and Investment Commissioner has overall responsibility for the policy related to this IRM which is published on a yearly basis.

  2. Additional information is found in IRM 1.1.13.7.3, Accounts Management, and IRM 21.1.1, Accounts Management and Compliance Services Overview.

25.23.4.1.4 (12-16-2019)

Program Controls

  1. Program Reports - For reports concerning quality, inventory, aged listing, refer to IRM 1.4.16, Accounts Management Guide for Managers. Aged listings can also be reviewed by accessing Control Data Analysis, Project PCD. They are located on the Control-D/Web Access server, which has a login program control.

  2. Program Effectiveness - Program Effectiveness is determined by Accounts Management’s employees successfully using IRM guidelines to perform necessary account actions and duties effectively and efficiently.

  3. Program Controls - Goals, measures and operating guidelines are provided in the yearly Program Letter. Quality data and guidelines for measurement is referenced in IRM 21.10.1, Embedded Quality (EQ) Program for Accounts Management, Campus Compliance, Field Assistance, Tax Exempt/Government Entities, Return Integrity and Compliance Services (RICS) and Electronic Products and Services Support.

25.23.4.1.5 (12-20-2022)

Terms/Definitions/Acronyms

  1. Refer to the table below for a list of acronyms used throughout IRM 25.23.4.

    Note:

    This list may not be all inclusive.

    Acronyms Definitions
    AC Action Code
    ACSS Automated Collection System Support
    AdvCTC Advanced Child Tax Credit
    AM Accounts Management
    AMS Accounts Management System
    APTC Advance Premium Tax Credit
    ARPA American Rescue Plan Act
    ASED Assessment Statute Expiration Date
    ASFR Automated Substitute for Return
    AUR Automated Underreporter
    BFS Bureau of Fiscal Service
    BMF Business Master File
    CARES Coronavirus Aid, Relief, and Economic Security Act
    CC Command Code
    CCA Complete Case Analysis
    CDS Centralized Delivery Service
    CEAS Correspondence Examination Automation Support
    CI Criminal Investigation
    CII Correspondence Imaging Inventory
    CN Common Number
    CSR Customer Service Representative
    DITA Designated Identity Theft Adjustment
    EGC Employee Group Code
    EIN Employer Identification Number
    EIP Economic Impact Payment
    ES Estimated Tax
    EUP Employee User Portal
    FRP Frivolous Return Program
    FTC Federal Trade Commission
    FTF Failure to File
    FTP Failure to Pay
    HC Hold Code
    HQ Headquarters
    IAT Integrated Automation Technologies
    ICCE Integrated Customer Communication Environment (System)
    ICT Image Control Team
    IDRS Integrated Data Retrieval System
    IDT Identity Theft
    IDTVA Identity Theft Victim Assistance
    IDTVA-A Identity Theft Victim Assistance Accounts Management
    IJE Invalid Joint Election
    IMF Individual Master File
    IPSU Identity Protection Specialized Unit (inventory programs)
    IRM Internal Revenue Manual
    IRSN Internal Revenue Service Number
    ITAR Identity Theft Assistance Request
    ITIN Individual Taxpayer Identification Number
    MeF Modernized e-File
    MXEN Mixed Entity
    OAR Operations Assistance Request
    P&A Planning & Analysis
    PC Priority Code
    POC Point of Contact
    RGS Report Generation Software
    RICS Return Integrity and Compliance Services
    RIVO Return Integrity & Verification Operations
    RO Revenue Officer
    RPD Return Processable Date
    RPM Return Preparer Misconduct
    RPO Return Preparer Office
    RRC Recovery Rebate Credit
    RSED Refund Statute Expiration Date
    RTF Return Transaction File
    SC Source Code
    SCRM Scrambled SSN
    SDC Scheme Development Center
    SLA Service Level Agreement
    SP Submission Processing
    SSA Social Security Administration
    SSN Social Security Number
    TAC Taxpayer Assistance Center
    TAS Taxpayer Advocate Service
    TC Transaction Code
    TCIS Treasury Check Information System
    TIF Taxpayer Information File
    TIN Taxpayer Identification Number
    TOP Treasury Offset Program
    TPP Taxpayer Protection Program

25.23.4.1.6 (04-09-2021)

Related Resources

  1. This section provides Individual Master File (IMF) CSRs/TEs with the resources and guidance to resolve taxpayer (TP) identified and IRS identified identity theft cases, including general procedures for cases with Compliance involvement.

  2. The Taxpayer Bill of Rights (TBOR) lists rights that already existed in the tax code, putting them in simple language and grouping them into 10 fundamental rights. Employees are responsible for being familiar with and acting in accord with taxpayer rights. See IRC 7803(a)(3), Execution of Duties in Accord with Taxpayer Rights. For additional information about the TBOR, see https://www.irs.gov/taxpayer-bill-of-rights.

  3. CSRs/TEs should utilize and become familiar with the IRMs below in conjunction with IRM 25.23.4 to aid them in accurately resolving their case and/or routing cases to other functions, when applicable.

    • IRM 3, Submission Processing

    • IRM 4, Examination Process

    • IRM 5, Collecting Process

    • IRM 20.1, Penalty Handbook

    • IRM 21, Customer Account Services

    • IRM 25, Special Topics

    • IRM 25.23.1, Identity Protection and Victim Assistance – Policy Guidance

    • IRM 25.23.2, Identity Protection and Victim Assistance - General Case Processing

    • IRM 25.23.3, IMF Non-Tax-Related IDT and Specialized Programs

    • IRM 25.23.9, BMF Identity Theft Processing

    • IRM 25.23.10, Compliance Identity Theft Case Processing

    • IRM 25.23.11, Business Master File (BMF) Identity Theft Procedures for Accounts Management

    • IRM 25.23.12, IMF Identity Theft Toll-Free Guidance

    • IRM 25.24.1, Return Preparer Misconduct Victim Assistance - General Overview

    • IRM 25.24.2, Return Preparer Misconduct Victim Assistance Specialized Accounts Management Processing

  4. Employees of Identity Theft Victim Assistance (IDTVA - Accounts Management and Specialty Functions) are responsible for keeping current with the following resources:

    • Identity Theft Victim Assistance (IDTVA) Service Level Agreement (SLA)

    • Identity Theft Memorandums of Understanding (MOUs) and Interim Guidance Memoranda (IGMs)

    • Identity Theft Victim Assistance Hub (IDTVA Hub)

    • ID Theft Resource Page and Technical Communication Documents (TCDs)

    • SERP Alerts

  5. Employees of IDTVA are also responsible for keeping current with IRM provisions specific to resolving Compliance identity theft account referrals from:

    • Automated Collection System Support (ACSS)

    • Automated Substitute for Returns (ASFR)

    • Automated Underreporter (AUR)

    • Compliance Services Collection Operation (CSCO)

    • Monitoring Offer In Compromise (MOIC)

    • Centralized Offer in Compromise (COIC)

    • Doubt as to Liability (DATL)

    • Correspondence Examination (Exam)

    • Taxpayer Advocate Service (TAS)

25.23.4.2 (10-01-2023)

Identity Theft (IDT) Paper Process Overview

  1. This section of the IRM provides guidance primarily for use by IDTVA for the research and resolution of tax-related identity theft cases. Additional information in IRM 25.23.10, Compliance Identity Theft Case Processing, provides procedures specific to cases involving compliance issues.

  2. Cases may initially be taxpayer identified identity theft claims or IRS identified.

    Note:

    Per Exhibit 25.23.1-1, Glossary of Identity Protection Terms and Definitions, an identity theft claim refers to any combination of Form 14039, Identity Theft Affidavit, or a police report or, for other than Compliance functions, a written statement from the taxpayer that they are, or may be, a victim of identity theft. Cases that are referred to IDTVA from a Compliance function must include a Form 14039 or police report to be considered an identity theft claim.

  3. Identity theft returns filed to generate a fraudulent refund may show the following characteristics:

    • Refundable credits claimed, no Form W-2 income included

    • Adoption credit

    • First-time Homebuyer Credit

    • Refundable Education Credit (Form 8863)

    • Only Education Credits of $1,000 claimed on return

  4. Cases generally fall into one of two treatment streams:

    • Streamline identity theft case processing - the identity theft return can be nullified

    • Non-Streamline identity theft case processing - the identity theft return cannot be nullified and must be processed to an IRSN

  5. When possible, cases will be resolved based on information provided and/or directly available. If a determination cannot be made based on the information provided and/or directly available, guidance will be followed for communicating with the taxpayer(s).

  6. Steps for resolution of IDT cases are generally based on one of the following scenarios:

    • Invalid return/valid return - no lost refund

    • Invalid return/valid return - lost refund

    • Valid return/invalid return - no lost refund

    • Two or more invalid returns (no valid return) - no lost refund

    • Two or more invalid returns (no valid return) - lost refund

    • One invalid return only - no lost refund

    • One invalid return only - lost refund

  7. The subsections that follow provide details on the assignment of work, management of inventory, and applicable research and resolution processes, etc.

  8. ITVA headquarters provides various reports to IDTVA P&A for inventory management purposes. Recommended uses for the reports are outlined individually.

    • AUR Analytics Data Retrieval (ADR) Report - See Exhibit 25.23.4-15, ITVA HQ AUR ADR Report - For Use by IDTVA P&A and Designated Individuals Only.

    • Balance Due Receipts Listing - See Exhibit 25.23.4-16, ITVA HQ Balance Due Receipts Listing - For Use by IDTVA P&A Only.

    • Disaster -O Freeze Listing - See Exhibit 25.23.4-17, ITVA HQ Disaster -O Freeze Listing - For Use by IDTVA P&A Only.

    • Freeze Code -L Listing - See Exhibit 25.23.4-18, ITVA HQ Freeze Code -L Listing - For Use by IDTVA P&A Only.

    • Freeze Code Z Listing - See Exhibit 25.23.4-19, ITVA HQ Freeze Code Z Listing - For Use by IDTVA P&A Only.

  9. On a weekly basis, IDTVA P&A ensures site adherence to inventory management requirements outlined in IRM 1.4.16.5.6, Monitoring the Automated Age Listing (AAL), in an effort to appropriately prioritize cases while addressing old age inventory and unnecessary multiple controls.

25.23.4.3 (05-26-2023)

Case Assignment and Inventory Management - General Guidance

  1. IDTVA employees with IDT/RPM inventory are assigned a phone extension so taxpayers may contact them directly with questions about the status of their cases. Employees must be signed into their routing extension when they are not answering calls on a toll-free line. Refer to IRM 25.23.4.18.5, Taxpayer Calls on Identity Theft (IDT) Cases (IDTVA Paper Employees Only), for additional information.

  2. In general, identity theft cases will be scanned into the Correspondence Imaging System (CII) and assigned to employees through the Centralized Work Distribution (CWD) process.

  3. The Correspondence Imaging System (CII) has been updated with identity theft CII Logic to assign/associate newly scanned work to CSRs with existing controls. This is to be consistent with note/guidance under (2) of IRM 21.5.2.3, Adjustment Guidelines - Research.

  4. The Automated Age Listing (AAL) and Multiple Control Listing (MCL) are used to monitor and manage assigned inventory.

  5. On a quarterly basis, ITVA will provide a listing of statute imminent cases (based on the current ASED on the module). Statute year cases will be prioritized for statute clearing purposes. Refer to Exhibit 25.23.4-24 , IDTVA Statute Clearing.

  6. Identity theft cases are priority work per IRM 25.23.2.2.2, Priority Handling of Identity Theft Cases.

  7. When the CII case is controlled to an incorrect Category Code, update CII to reflect the correct case type and OFP.

  8. If multiple controls are present on your case, link cases following guidance in IRM 21.5.1.5.1, CII General Guidelines. Use the table in Exhibit 25.23.4-7, Identity Theft (IDT) Multiple Control Decision Document, to determine the appropriate IDT Category Code.

    Example:

    If an IDT4 was recently assigned to you because you have an open IDS3 or IDT3 for the same tax period, you would update the surviving Category Code to IDS1 or IDT1. If you have an IDI1, IDS1 or IDT1 for a different tax period, you must manually revise the IDT4 to the appropriate IDI/IDS/IDT category on CII.

  9. Identity theft cases will be closed with a TC 290 .00 with RC 139 when a corrective adjustment is not necessary.

    Exception:

    For refund related IDT (i.e., invalid return filed), do not create a CII control or input a TC 290 .00 with a Reason Code 139 if the following conditions exist:
    - There is no TC 150 present on the account.
    - No tax module exists.
    - The module is in retention (unless reversing a tax offset will create a balance due or it is necessary to resolve the taxpayer issue to make the taxpayer whole).
    - When an impacted module is not active on IDRS CC: TXMOD and is not yet in retention. Do not input IDRS CC: MFREQ.

  10. IDTVA Specialty Function teams utilize CII. If a case is open in one of the Compliance functions (AUR, Exam, ASFR, etc.) with an IDT allegation, do not refer the case to the Compliance function. Reassign the case to the appropriate IDTVA Specialty Function following Exhibit 25.23.4-5, IDTVA Routing Matrix.

  11. In addition to guidance found in IRM 21.5.1.4.2.6, Adjustments Case Management by Customer Service Representative (CSR), or Tax Examiners (TE), IDTVA employees will review the identity theft inventory on their Automated Age Listing (AAL) to identify and take action, when appropriate, to refer cases to IDTVA Specialty Functions and/or interrupt collection activity. Failure to make timely referrals to IDTVA Specialty Functions can result in default assessments requiring reconsideration activities and failure to interrupt collection activity results in undue burden, further victimizing the taxpayer.

    Reminder:

    If the taxpayer’s account reflects a MF or SC collection status, refer to guidance in IRM 25.23.4.12, Collection Activity - Form 14394/13794, to interrupt collection activity while the case is worked.

25.23.4.3.1 (10-01-2023)

CII and IDRS Case Controls

  1. All identity theft (IDT) cases are required to have a CII control. The Image Control Team (ICT) creates a CII case for the tax year identified via the taxpayer’s correspondence. The creation of the CII case will open the initial IDRS control base. If multiple tax years are listed, ICT will create the CII case for the earliest year identified. Review the taxpayer’s correspondence and perform Complete Case Analysis (CCA) to determine if there are any other IDT impacted tax years. A new CII case must be opened for all tax years identified by the taxpayer and all additional years discovered to be impacted by IDT. Do not update your existing CII case to reflect each year as they are worked. Refer to IRM 25.23.2-16, IDTVA IDRS Category Controls by Function, to determine the appropriate category code for additional impacted years. These controls should prevent other areas from adjusting an account without making contact. If there are multiple function controls on a case, use Exhibit 25.23.4-9, IDTVA-A Identity Theft (IDT) Work Types Listing, to determine where to route the case.

    Note:

    "IDT impacted tax years" includes dependent related identity theft and income related tax year(s) identified through Complete Case Analysis (CCA). When a dependent related or income related issue is identified through CCA, the case will be created even if no tax module exists. TC 290 .00 with Reason Code 139 will only be input if a TC 150 is present. All related CII cases must be linked, including XREF TINs, dependent related IDT siblings/parents, cases previously resolved, and new cases created as a result of CCA.

    Exception:

    For refund related IDT (i.e., invalid return filed), do not create a CII control or input a TC 290 .00 with a Reason Code 139 if the following conditions exist:
    - There is no TC 150 present on the account.
    - No tax module exists.
    - The module is in retention (unless reversing a tax offset will create a balance due or it is necessary to resolve the taxpayer issue to make the taxpayer whole).
    - When an impacted module is not active on IDRS CC: TXMOD and is not yet in retention. Do not input IDRS CC: MFREQ.

    Note:

    Use of the IAT xClaim tool to input the TC 290 .00 with RC 139 will prevent unnecessary modules being made active with IDRS CC MFREQ.

    Reminder:

    Whenever possible, multiple cases for the same taxpayer will be processed by the same employee. These cases may be located in unassigned inventory or as a case assigned to another employee. When assigned to another employee, coordination of these same taxpayer, multi-year cases is necessary to ensure consistent processing. Attach the email to the CII case and/or leave a CII case note documenting the contact and coordination. Refer to paragraph (7) if you are the employee taking ownership of the case.

  2. When opening a control, the "IRS Received Date" field will be the earliest IRS received date of the correspondence or identity theft claim for the case control being opened. For an IRS identified case, the IRS Received Date field will be the date of identification. This date should not be changed unless through research an earlier received date is found. IDT3, IDS3, IDT6, and IDS6 cases that are created from the generation of a transcript will retain the IRS received date used at case creation. This date will not be changed. Additionally, impacted modules not listed on the claim that are identified through Complete Case Analysis (CCA) will have controls created using the date of identification as the IRS received date.

    Reminder:

    A case should rarely be opened from archive and should not be if the case cannot be closed the same day. If not closing the same day, create a new CII case. Use MISC as the category code, and the date of identification as the IRS received date. Link the new case to the archived case. Verify the appropriate IRS received date for any required adjustments. Allowing the IRS received date from the newly created case to be used may negatively impact the taxpayer.

    Caution:

    The IRS received date of IDT3, IDS3, IDT6, and IDS6 CII cases may not be the appropriate date for necessary adjustments and/or determinations of credit availability for refund or offset. Thorough research must be conducted to ensure the correct date is used for these actions.

  3. The control base will be in case status "A" while the IDT determination is in process.

    • Tax related identity theft is controlled on IDRS CC TXMOD.

    • Income related identity theft is controlled on IDRS CC TXMOD.

    • Non-tax-related identity theft is controlled on IDRS CC ENMOD.

  4. If all case actions have been completed and you are monitoring the account to ensure "ALL" account actions are resolved, close the case and establish a monitor base on IDRS using Category Code "MISC" with the current date as a received date. Examples of possible actions that may need to be monitored include credit transfers, lost refund actions, excess collections file transfer, manual refunds, etc.

    Note:

    When establishing this monitored control base, use "*,*" to generate the current date and assign the case to you with Command Code ACTON.

    Example:

    There is a TOP Offset with no lost refund on the account. Take all necessary actions to resolve the IDT issue. Input the TOP offset reversal. After all account actions have been taken, close the CII case and open a monitoring control using Category Code "MISC" until the posting of the TC 766 to ensure a credit is not left on the account.

  5. When resolution of the identity theft issue requires reversal of a TOP offset that is more than 6 years old, contact the TOP offset Liaison, per IRM 21.4.6.4.2.12(5), Top Offsets Involving ID Theft and ID Theft with Fraudulent Returns, and input the adjustment to correct the account. Once all required IDT account actions have been completed, the IDT control can be closed. It may take 180 days or longer for the TC 700 to post. A monitoring control with Activity "PNDMRR/###" and category "MISC" will be opened by the assigned employee. Once the reversal posts, complete all other required actions.

  6. If an IDRS control base is created to IDTVA in error, update the Activity Code to "OPNDNERR" and the Category Code to "MISC" prior to closing the case.

  7. When multiple IDT cases for the same taxpayer and tax module include the same documentation and are being closed on the same day, close the second case as miscellaneous. Previous action procedures do not apply under these circumstances.

    Example:

    A CII case with received date January 23, 2021 includes a Form 14039, Identity Theft Affidavit filed through the FTC website. A second CII case with received date February 1, 2021 for the same taxpayer and tax module is created. Comparison of the documents shows the second case includes a Form 14039 that is a duplicate of the submission made through the FTC website. The case with the earliest received date isworked following normal IDT procedures. The case with the later received date is closed as miscellaneous.

  8. Specific activity codes were created to easily determine the status of the IDT case. Use of these activity codes is encouraged for all functions. See Exhibit 25.23.4-11, IDRS Activity Codes and Definitions, for more information.

25.23.4.3.2 (02-04-2020)

Case Transfer within IDTVA

  1. Generally, case transfers will occur when more than one IDTVA function has an open case control. To better assist the taxpayer and ensure end to end account resolution, one employee will take responsibility for the case. Refer to Exhibit 25.23.4-5, IDTVA Routing Matrix, to determine ownership of the case.

  2. Examiners will check IDRS for multiple IDTVA open controls on the same or other tax periods for one taxpayer.

  3. All issues should be worked by the same employee. This will prevent duplication of work, potential unpostables, and incorrect adjustments on a module.

  4. In most cases, the employee with the earliest IDTVA control date will work all tax years. However, cases involving AUR and Exam adjustments may need to be referred to the applicable Specialty Function for resolution.

  5. If any control bases are in Status A, B, or M with IDT involvement, the assigned employee must be contacted to request reassignment or closure of the CII case before taking action on the account. Once contact is made with the assigned employee or their manager, allow 3 business days for a response before continuing with case actions.

  6. All referrals within IDTVA will be made using the Correspondence Imaging System (CII).

25.23.4.3.3 (10-01-2017)

Cases Requiring Routing/Reassignment to Other Functions

  1. Review documentation submitted by the taxpayer to determine if your case should be retained or routed/referred to another function. Refer to the following IRM sections for additional guidance:

    • Exhibit 25.23.4-4, Identity Theft (IDT) Functional Routing and Referral Chart

    • Exhibit 25.23.4-5, IDTVA Routing Matrix

    • Exhibit 25.23.4-9, IDTVA-A Identity Theft (IDT) Work Types Listing

    • IRM 25.23.2.4.3, Tracking Individual Taxpayers Reporting to be Victims of Business-Related Identity Theft.

    Reminder:

    Before referring the case, review guidance in IRM 21.3.3.4.2.1, Use of 86C Letter - Referring Taxpayer Inquiry/Forms to Another Office, to determine if the 86C letter is required.

    Note:

    Letter 86C is not required if the case is being transferred within IDTVA, through CII, or to another function in the same location.

25.23.4.3.4 (10-01-2023)

IDTVA Specialty Functions - Case Referrals from Compliance Functions

  1. Identity theft (IDT) allegations received in campus Compliance functions will be referred to the appropriate IDTVA function when:

    1. A Form 14039, Identity Theft Affidavit, or police report is included in response to a letter/notice.

    2. IDRS CC ENMOD contains an unreversed TC 971 AC 522 with the literal UNWORK.

    3. IDRS CC ENMOD contains an unreversed TC 971 AC 522 with the literal PNDCLM and there is a CII Image of Form 14039 or police report available on AMS.

    4. There is an open control to an IDTVA employee (i.e., IDTX or IDIX) for the tax year in question.

  2. If the account contains one of the following TC 971 Action Codes for the tax year in question, the IDT issue may have been previously resolved.

    Action Code Literals
    501 INCOME, MULTFL, INCMUL, NOFR, OTHER, DECD, REFCCA, ICMCCA or PRISNR
    504 ACCT, NKI, EMPL, or ICMCCA
    506 INCOME, MULTFL, INCMUL, NOFR, OTHER, DECD, or PRISNR

  3. Responses regarding functional Compliance issues should be kept and worked by the same function. If a referral is received and the account contains one of the TC 971 Action Codes in paragraph (2) above, a designated technical individual will review the referral and take the following action:

    If the new information/referral Then
    (1) Addresses an outstanding Compliance issue and will not impact IDTVA’s previous determination, Reject the case back to the Compliance function that made the referral.
    (2) States the remaining issues are attributable to the previous identity theft claim or provides new information that may allow us to revise our previous determination, Accept the referral.

  4. If the account contains a TC 972 with the literals NOIDT or NORPLY, follow the table in (3) above.

  5. Ensure that all referrals received from another area meet the requirements to be worked by IDTVA. If requirements are not met, return any cases back to the referring function.

    Note:

    Use the "Reassign" option to return a case that was referred through the CII system.

    Exception:

    If a CII case was created for a case that met rejection criteria but was accepted in error, the case will not be rejected by the assigned employee. Use internal information and/or information already provided by the taxpayer to determine the CN owner. When a CN ownership determination cannot be made from available information, refer to IRM 25.23.2.3.6, When to Request Additional Information to Support an Allegation of Identity Theft.

  6. Any IDTVA-A or AM referrals must meet requirements listed in paragraph (4) of IRM 21.3.1.6.54, Status Of Individual Master File (IMF) Underreporter Cases.

  7. For any other referral, including referrals such as TAS, IPSU, etc., ensure the account includes a Compliance issue on at least one tax year.

25.23.4.3.5 (10-01-2023)

Priority Codes for IDTVA CII Cases

  1. All identity theft (IDT) cases should be treated as priority, however some cases require immediate attention.

  2. IDTVA-A Priority Codes are listed below.

    Priority Code Definition
    Priority Code 1

    • TAS case - Form 12412, Operations Assistance Request (OAR)
    Priority Code 2

    • Refer to Exhibit 25.23.4-8, Order of Priority Listing - IDTVA-A and IDTVA Specialty Functions

    • IDT7 Cases - requests for copies of fraudulent returns
    Priority Code 7

    • Statute imminent issue requiring protection of the account
    Priority Code 8

    • Cases identified for statute clearing

  3. IDTVA Specialty Functions Priority Codes are listed below. When sending a case to ICT for scanning to CII, certain cases will require a Priority Code to be noted on the batch sheet, as applicable.

    Priority Code Definition
    Priority 1

    • TAS case - Form 12412, Operations Assistance Request (OAR)

    • IDTVA-ACSS expired Oscar inventories
    Priority 2

    • For cases that have had a Statutory Notice of Deficiency issued and the taxpayer still has time to petition tax court.

    • IDT6/IDS6 transcript cases.

    • Referrals from OIC (CSCO Specialty only)

    • Form 3870 Field referrals

    • Form 14027-B, Global Review Referrals
    Priority 3

    • For open AUR or open Exam cases not meeting the criteria for PC 1 or PC 2
    Priority Code 7

    • Statute imminent issue requiring protection of the account
    Priority Code 8

    • Cases identified for statute clearing
    Blank

    • All other inventory will be worked in IRS received date order

  4. It may be necessary to update the Priority Code of a case as it is processed.

    Example:

    The case was originally built/scanned with no Priority Code. During the time the case is waiting to be worked, TAS issues an OAR for the account. Using the ‘Update Data’ button in the Case Data section of your CII case, the Priority Code would need to be updated to Priority Code "1" .

    Example:

    The case was originally built/scanned with no Priority Code. During the time the case is waiting to be worked, the account comes within 180 days of the ASED expiring, the Priority Code would need to be updated to Priority Code "7" . See IRM 25.23.4.9.2, Statute Imminent Assessments for IDT Cases

  5. Refer to specific functional IRMs for additional cases that may require immediate attention.

25.23.4.4 (12-20-2022)

Taxpayer Inquiries Involving Identity Theft (IDT)

  1. Taxpayers indicate IDT by submitting Form 14039, Identity Theft Affidavit, a police report, or a similar statement.

    Note:

    If the taxpayer inquiry requires translation into English, refer to guidance in IRM 25.23.4.19, Requesting Translations of Certain Languages.

  2. After research is completed, the case will generally be identified as one of the following types:

    • A mixed entity case

    • A scrambled SSN case

    • An IDT case that you can resolve

    • An IDT case that should be routed or reassigned

    • A non-IDT case (e.g., in some instances you may discover the case involves multiple returns filed by the SSN owner; a normal DUPF case)

  3. Refer to guidance in IRM 21.6.2, Adjusting TIN-Related Problems, for processing mixed entity and scrambled SSN cases.

  4. The following are examples of taxpayer inquiries involving IDT.

    1. Examples of tax-related IDT involving two or more returns include, but are not limited to, references to a Letter 673C, a notice of tax due, references to an attempt to e-file a return that was rejected due to a return already having been filed, a missing refund, or the amount of the refund is different than the amount claimed, etc., and the taxpayer claims they did not file more than one return.

    2. Examples of tax-related IDT involving only one posted return include, but are not limited to, references to impact to Social Security benefits, impact to low income housing benefits, no filing requirement or below filing requirement, and the taxpayer claims they did not file a return.

    3. Examples of tax-related IDT involving secondary TINs on returns include cases in which taxpayers’ overpayments have been applied to accounts that show the taxpayers as secondary filers and the taxpayers claim they did not file as joint or secondary filers on the accounts. See IRM 25.23.4.8.1.4, Identity Theft (IDT) with Married Filing Joint Scheme Involvement, and IRM 25.23.4.8.1.4.1, Invalid Joint Election Consideration.

    4. Examples of tax-related IDT involve instances where income earned by someone other than the CN owner is present on CC IRPTRL and has resulted in a Compliance assessment.

    5. Examples of non-tax-related IDT involve Forms 14039 filed in response to Letter 12C when the return has not been processed due to being incomplete.

  5. If research shows no indication of tax-related IDT:

    • Update the existing CII case information to reflect Category Code IDT4 and all zeros for the MFT and Tax Period to open a control base on CC ENMOD.

      Note:

      If you determine the case was updated on CII to Category Code IDT4 but remains open on CC TXMOD, update the MFT and Tax Period to all zeros (0), per IRM 3.13.6-14, Appendix N - Document Types, Category Codes, Priority Codes, IDT - IMF to establish the control on ENMOD.

    • Use CC ACTON to manually close the TXMOD control as "MISC" .

    • Follow the guidance in IRM 25.23.3.2.3, Self-Identified - Non-Tax-Related Identity Theft - IDT4 Overview, to resolve the case.

    Refer to resources provided in IRM 25.23.3.2.3, Self-Identified- Non-Tax Related Identity Theft - IDT4 Overview, for additional information.

  6. If the inquiry, Form 14039, Identity Theft Affidavit, or correspondence is received alleging return preparer misconduct (RPM) rather than ID theft, do not reassign or route Form 14039 alleging RPM to IDTVA. Unless the exception below applies, send an appropriate C letter advising the taxpayer the information they provided indicates there is an RPM issue and not an ID theft issue. Advise the taxpayer to complete and mail Form 14157, Return Preparer Complaint, and Form 14157-A, Tax Return Preparer Fraud or Misconduct Affidavit, along with the required documentation as outlined in the instructions for Form 14157-A. Please refer to IRM 25.23.1.1.2, Terms/Definitions/Acronyms, and IRM 25.24.1.3, Identifying Potential RPM Issues For Telephone Assistors/Taxpayer Assistance Center (TAC) Assistors, for assistance in determining if there is a possible return preparer misconduct issue.

    Note:

    Enter CII Case Note, "NO ID theft - RPM issue." Input TC 972 AC 522 with Tax Administration Source Code "NOIDT" and the tax year associated with the alleged IDT incident, if appropriate. Refer to IRM 25.23.2.6.6, Reversing Unsupported Allegations of Identity Theft, for additional information.

    Exception:

    If a –A freeze is present or an unprocessed valid return is scanned to the CII case, and there is indication of RPM, do not release the –A freeze or send the return for processing, reassign to RPM per IRM 25.24.1.4.1, Routing Information - Paper.

  7. For cases where tax related identity theft is indicated by the taxpayer, update the Category Code to IDT1/IDS1 if it has not already been done.

    Note:

    IDTVA Specialty Functions do not change Category Codes. All cases remain in the function’s Category Code.

    Exception:

    Change the category code when resolving an IDT4 case.

  8. Perform complete and careful research on each case, per IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, and the related subsections to make a determination.

  9. If a determination cannot be made based on the information directly available, refer to guidance in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), to initiate communications with the taxpayers.

25.23.4.5 (10-01-2020)

IRS Identified Identity Theft (IDT)

  1. IRS identified cases of IDT are generally associated with IRS programming, filters, transaction codes and/or research of filing history.

  2. The following items may be indicators of current or prior identity theft:

    • Previously posted TC 971 AC 501/506 or a TC 971 with AC 522.

    • Evidence of a prior "CP 36I" transcript or "SPC 8" , which are generated when a taxpayer sends in a Form 14039, a police report or a similar statement.

    • The presence of a CP 36U transcript that generates an IDT1 or CP 36V transcript that generates an IDT3. These transcripts are generated based on prior identity theft indicators on IDRS; TC 971 AC 501 for taxpayer identified IDT or TC 971 AC 506 for IRS identified IDT.

    • The presence of a CP 36N or CP 36P transcript. These generate when a CP 05A is present on the module, which indicates current or prior RIVO involvement. The CP 36 N generates when a CP 05A is present and the module has a credit balance. The CP 36 P generates when a CP 05A is present and the module has a zero or debit balance.

    • The presence of a CP 36 or CP 36F transcript where return content and/or filing is inconsistent with the taxpayer’s filing history.

  3. For cases where tax related identity theft is IRS identified, update the Category Code to IDT3/IDS3 if it has not already been done.

    Exception:

    Cases with RIVO involvement must be closed with the IDT8/IDS8 category code, unless the case meets criteria in IRM 25.23.4.8.1.1, Identity Theft (IDT) with RIVO Involvement, paragraph (5).

    Note:

    IDTVA Specialty Functions do not change Category Codes. All cases remain in the function’s Category Code.

  4. Complete and careful research must be performed on each case per IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, and the related subsections to determine the owner of the TIN.

  5. If a determination cannot be made based on the information directly available, refer to guidance in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), to initiate communications with the taxpayer(s).

25.23.4.6 (03-16-2023)

Research, Actions and Complete Case Analysis - Overview

  1. Complete and careful research must be performed on all cases. Employees outside of IDTVA are responsible for taking appropriate actions prior to reassigning a case to IDTVA.

  2. Upon recognition of a case as a potential IDT case, also perform the following actions:

    • Determine if a TC 971 AC 522 is required and, if appropriate, whether the TC 971 AC 522 reflecting an appropriate Tax Administration Source Code has been input on CC ENMOD. See IRM 25.23.2.4.4, Initial Allegation or Suspicion of Tax-Related Identity Theft - IMF Identity Theft Indicators, for additional information.

    • If the account reflects a balance due on Service Center or Master File, input TC 470 CC 90 to prevent balance due notices from generating and offsets into the module.

    • Ensure Letter 5073C, CP 01S, or CP 701S was issued/is issued to acknowledge receipt of Form 14039, Form 14039 (SP), a police report, or a similar statement related to identity theft. See paragraph (5) of IRM 25.23.2.3, Identity Theft Claims - General Guidelines, and IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional information.

      Note:

      The acknowledgement letter is not required for IRS identified IDT cases.

    • Perform a complete statute search and leave a case note that indicates the case is related to an IDT issue. Statute expiration must be considered to prevent barred assessments.

    • Determine the correct Category Code, Doc Type, etc. Update CII and the Statute Clearance check box, when appropriate, when reassigning to a CII user. Leave a note on CII if one is not generated.

    • If you can determine which return is valid/invalid, leave a case note indicating valid/invalid or invalid/valid etc.

    • Ensure all relevant documents have been scanned to the case. Cases for tax years at or approaching 10 years (i.e., current year is 2023 and case is for tax year 2013), it is suggested IRPTR screen prints are attached to the case. Due to the nature of the work, access to the income history may be lost before an employee is able to work the case.

    • If reassigning the case, after performing the actions above, reassign the case to the IDT holding number. International cases should be reassigned to the International holding number. Both IDRS numbers can be found on the Accounts Management Site Specialization Temporary Holding Numbers Listing, located on SERP. See the CII Performance Guide – CSR Guide, for the correct procedures on these required actions. Also see paragraph (11) of IRM 21.5.1.5.2, Cases Currently Assigned in CII, for additional information.

      Note:

      A case reassigned to the Centralized Distribution Site (CDS) in error may be returned to the originating site. Reassigning cases in error can result in an adverse impact to the taxpayer and delay the processing of their case.

      Exception:

      IDTVA employees will continue to resolve the case or route/reassign the case, if applicable. Before proceeding, if the case should be assigned/routed to another area (e.g., AUR, Exam, etc.) or employee, refer to IRM 25.23.4.3.2, Case Transfer Within IDTVA, and IRM 25.23.4.3.3, Cases Requiring Routing/Reassignment To Other Functions, for additional guidance. If the case does not require reassignment/routing, proceed to the next IRM sections that apply to your case.

      Note:

      IDTVA-A employees - do not reassign the following transcripts to IDTVA Specialty Functions unless there is an open/active claim or involvement: TRNS 36, 36D, 36I, 36N, 36P, 36S, 36U and 36V.

  3. Guidance in IRM 21.3.3.1.8, Policy Statement P-21-3, directs us to issue timely and quality responses to taxpayer correspondence. The "IDT1/IDS1," "IDIX" , or "TPRQ" cases described in this subsection are, according to Policy Statement P-21-3, considered correspondence. Generally, the response provided to the taxpayer who has submitted this type of correspondence is the closing Letter 4674C, or Letter 5064C, for additional guidance, or CP 01 notice informing the taxpayer that we have made an SSN ownership determination. A response, as described here, is considered timely if issued within 350 days of the received date of the "notification" "IDT1/IDS1" , or "TPRQ" document.
    If a closing response cannot be issued by the 350th day in this situation, an interim letter must be sent informing the taxpayer that we require additional time to complete the processing of their case. The time frame given in this interim letter may not exceed 60 days.

    Note:

    The issuance of a closing letter may or may not coincide with the complete resolution of the case. The closing letter is sent when we can share with the taxpayer the results of our processing of the case, e.g., we have made an ownership determination. Do not wait until all resolving actions, e.g., TOP offset reversal transfer procedures, have been completed before sending a closing letter.


    If additional interim letters are needed, the time frame given in the letter must not exceed 60 days. Every effort, however, must be made to provide a closing response within the initial 350 day time frame.

    Caution:

    A reasonable effort must be made to respond or send an interim letter within the time frame previously given. Such an effort is considered reasonable if it does not hinder the primary objective of resolving the IDT condition and issuing a quality closing response.

    Caution:

    Be sure you are sending any necessary letters to the correct address. The Correspondex letter system will default to the Address of Record which may or may not be the correct address for your correspondence. Override the Address of Record when appropriate.

  4. Cases determined not to be identity theft may require additional actions to resolve outstanding issues (i.e., amended return, duplicate return, etc.). Refer to IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations, to appropriately close the identity theft issue and open a new case to fully resolve the account.

25.23.4.6.1 (01-31-2023)

Required Research

  1. Make every effort to locate the correct TIN for each taxpayer before contacting the taxpayer(s) for additional information. Research the TIN (valid and invalid) to determine if there was an identity theft (IDT), mixed entity (MXEN), or scrambled SSN case (SCRM/SSA2) in prior and/or subsequent years. Complete research is essential to determining the necessary corrective actions. Attempt to locate any possible cross-reference TIN. You may identify a cross-reference TIN assigned to a taxpayer who filed a return under the common number (CN) that was determined to be due to identity theft. Internal Revenue Service Numbers (IRSNs) are temporary numbers issued by the IRS and are always on the invalid segment of Master File. The invalid segment is indicated by an asterisk (*) following the last digit of the TIN. Additionally, the tax return(s) in question must be reviewed to determine if the case is a mixed period instead of a TIN-related issue. For purposes of identifying the correct account issue, refer to the following definitions:

    • Identity Theft (IDT) - the intentional misuse of a taxpayer’s personal information/TIN to commit, or attempt to commit, tax-related fraud.

    • Mixed Entity (MXEN) - the unintentional misuse of a taxpayer’s TIN due to an inadvertent taxpayer error, tax return preparer error, Marketplace error, or IRS processing error.

      Note:

      A separate TIN can be identified for the taxpayer who has filed under the CN in error.

    • Mixed Period - a return for the valid taxpayer is processed to an incorrect year, usually due to editing the tax year on the tax return or an incorrect version of the tax return being used by the taxpayer (i.e., TY 2020 income reported on a TY 2021 form).

    • Scrambled SSN (SCRM/SSA2) - multiple individuals using the same SSN, and the true owner cannot be determined. The Social Security Administration (SSA) has issued the same SSN to more than one individual.

  2. Search returns, schedules, and forms for a different TIN, if applicable. Research spouse and dependent information, whenever available.

  3. Research the valid and invalid sides of any TINs identified for the case (i.e., primary, secondary, different TIN located on forms, etc.). A return posted to the invalid side of the CN is not sufficient evidence to identify an IDT issue. Further research must be conducted to verify the return was not processed to the invalid side of the TIN as a result of an error on the return or name changes that have not yet been provided to the IRS by the Social Security Administration (SSA):

    • Generally, a return is posted to the invalid side of a TIN due to a Name Control mismatch issue. This may be seen more frequently with taxpayers who have multiple last names, taxpayers who are recently married, and typos on the return.

    • CC INOLES: Determine the appropriate Name Control(s) for the taxpayer.

    • CC IMFOLI: Determine if the taxpayer is filing jointly for the first time.

    • CC TRDBV: Determine if the Name Control based on the spelling of the last name entered on the tax return processed to the invalid side of the TIN matches an appropriate Name Control shown on CC INOLES.


    When a Name Control mismatch has occurred as a result of taxpayer, preparer, or typographical error, and there is no indication the information included on the return is questionable (i.e., the income is verifiable, return information is consistent with filing history, etc.), refer to IRM 21.6.2.4.1, Resequencing Accounts, and its subsections.

  4. When ICT is unable to determine the correct TIN, the CII case is assigned to all zeros. Additional research is required to locate a TIN for the taxpayer. Using IDRS CC NAMES or NAMEI, input the taxpayer’s name and address information to search for a TIN. To do a broad search, input the taxpayer’s name and only the first 3 digits of their zip code. The results will include taxpayer information from areas surrounding the current address. Consider the following possibilities when conducting research using CC NAMES and NAMEI:

    • The taxpayer may share their name with a parent or child.

    • The taxpayer’s current address may be different than the address reflected on their account.

    • The taxpayer’s name may have included a hyphenated last name or variation in spelling of their name due to typographical errors by the taxpayer, a preparer, or the Service.

  5. Once you have completed the necessary research, see the table below:

    If Then
    (1) A TIN cannot be located and there is sufficient mailing information on the complaint, Issue Letter 5064C to the taxpayer requesting the taxpayer’s TIN and any other required IDT documentation. See IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written.
    (2) No response is received, Issue a Letter 4674C to advise the taxpayer no action can be taken, since we have no record of a response being received.
    (3) Correspondence cannot be issued, Leave a CII case note stating there is insufficient information to issue correspondence and close the case no action.

  6. When working ITIN cases, you must research under the relevant SSN used for income reporting. Use EUP/ITIN RTS to research ITIN application and assignment information. It is not necessary to request original Form W-7, Application for IRS Individual Taxpayer Identification Number, documents to conduct required research. Using IDRS CC NAMES or NAMEI, input the taxpayer’s name and address information to search for a TIN. To do a broad search, input the taxpayer’s name and only the first 3 digits of their zip code. The results will include taxpayer information from areas surrounding the current address. Consider the following possibilities when conducting research using CC NAMES and NAMEI:

    • The taxpayer may share their name with a parent or child.

    • The taxpayer’s current address may be different than the address reflected on their account.

    • When the taxpayer files as married filing joint, research of the spouse’s TIN may lead to identification of valid TIN information for the taxpayer you are researching.

    • The taxpayer’s name may have included a hyphenated last name. When the taxpayer has a hyphenated last name, complete research under each last name separately in addition to the hyphenated name. Research the valid and invalid sides of the TIN. Returns may post to the invalid side of a TIN due to a name control mismatch.

      Note:

      An ITIN may have been assigned using only one last name. Through review of the information on Form W-7, you may be able to determine the taxpayer’s valid TIN by matching address and/or spouse information to the application for an ITIN.

      Reminder:

      The Protecting Americans from Tax Hikes Act (PATH Act) was enacted December 18, 2015 and mandates ITIN renewal requirements. An expired ITIN is not a revoked ITIN. Once an ITIN is assigned, it belongs to that taxpayer unless revoked. Revoked ITINs are not recycled. An expired ITIN will be identified by "Inactive" displayed in the ITIN Status field on ITIN RTS, an ITIN Status of "I" on CC INOLES, and TC 971 AC 193 on CC ENMOD/IMFOLE. For additional information on TIN-related credits limited by the PATH Act, see IRM 3.11.6.12.1, Protecting Americans from Tax Hikes (PATH Act).

    Note:

    For ITIN cases, if the Form W-7, Application for IRS Individual Taxpayer Identification Number, clearly indicates which taxpayer was assigned the ITIN, make a notation of this for the CSR/TE who will be working the case, after reassignment from the Centralized Delivery Service (CDS).

  7. To correct tax-related IDT problems, you must be familiar with the following research elements and systems:

    • Entity module

    • Tax module

    • Transaction Codes

    • Reason Codes

    • Posting Delay Codes

    • Hold Codes

    • Unpostable Codes

    • Retention Register - Request a Retention Register transcript only if the account cannot be reactivated by using Command Code IMFOL with definer "B."

    • Command Codes, including NAMES, INOLE, DDBKD, DUPOL, MFTRA, IMFOL, RTVUE, FFINQ, REINF, TRDBV, IRPTR, ENMOD, TXMOD, TPIIP, DFAST and FINDS with various definers and systems, such as TCIS or ACCURINT.

      Note:

      Some of the Command Codes and/or systems listed are applicable to the IDTVA Specialty Functions only (e.g., ACCURINT and DFAST).

    • NUMIDENT transcript showing specific taxpayer data provided by Social Security Administration (SSA) records (for SSN research only)

    • Collection status - If the taxpayer’s account is in ACS status, refer to guidance in IRM 25.23.4.12, Collection Activity - Form 14394/13794, to interrupt collection activity while the case is worked.

  8. The research and tools necessary for accurately processing an IDT case includes, where applicable, and is not limited to the following:

    • Utilizing the IAT aMend tool. The IAT aMend tool is mandated for use by all employees working all IDT cases, which includes streamline and non-streamline cases. See Exhibit 21.2.2-2, ACCOUNTS MANAGEMENT MANDATED IAT TOOLS, for a list of tools required for IDTVA.

    • Utilizing the Correspondence Imaging System (CII) and all applicable and available internal research systems to review all related cases, whether open or closed.

    • Utilizing the Correspondence Imaging System/Accounts Management System (CII/AMS) to review all related documents and/or attachments. Also refer to IRM 25.23.4.3, Case Assignment and Inventory Management - General Guidance, for additional guidance.

    • Utilizing the ITIN Real Time System (RTS) to research and review data related to assigned, suspended and/or rejected Form W-7, Application for IRS Individual Taxpayer Identification Number. RTS is a tool located within the Employee User Portal (EUP). Online 5081 permission and access are required. See IRM 3.21.263.9.1.2, Accessing and Logging onto ITIN Real-Time System (RTS), and IRM 3.21.263.9, General Instructions for ITIN Navigation (ITIN RTS), for additional information.

      Note:

      The Form W-7 application's Document Locator Number (DLN) is only available on RTS.

    • Analyzing the account history for:
      Number of years the TIN has been used for filing returns
      Filing status changes
      Method of filing, electronic or paper
      Previous adjustments
      Filing dates of original and duplicate returns
      TC 971 Transaction Codes

    • Utilizing NAMES to identify and locate all related TINs for all tax years

    • Utilizing RTVUE to determine items of information such as:
      Address for the first return(s) filed
      Dependents
      Type of income
      Filing Status
      Schedules and Forms filed

    • Utilizing MeF to perform research of electronic filing activity (example of results could be an IDT return accepted by MeF, but subsequently deleted from processing by SP; data may not be present on TRDBV)

    • Utilizing TRDBV to determine items of information such as:
      Wage information details
      Occupation
      Tax Return Preparer
      Requested method of disbursing overpayment, electronic or by mail

    • Utilizing INOLE to determine items of information such as:
      Date of birth
      Previous names
      Spouse's TIN
      Other related TINs

    • Utilizing IRPTR to perform research actions and determine items of information such as:
      Comparative review of reported income and payor information
      Previous and current employers
      Previous addresses
      State Reverse File Match Initiative (SRFMI) information

      Note:

      This information may be available for taxpayers who have filed a state tax return but have not filed a federal tax return. Refer to IRM 5.1.11.2.3.1.3, State Reverse File Matching Initiative (SRFMI), for additional information. The presence of state tax return information for a state other than the state the taxpayer lives in may be an indication of identity theft. Research must be conducted to determine if the taxpayer previously lived in that state or earned income in that state requiring them to file a state tax return for a state they do not currently live in. When the SRFMI information matches income information reported to the IRS (i.e., Form W-2, etc.), this may support the taxpayer’s claim. See the example below.

      Example:

      The taxpayer submits Form 14039 with a tax return for TY 2021. The Form 14039 states the taxpayer could not file electronically, and the tax return is posted as the TC 976. Research of CC IRPTR shows SRFMI information reporting wages of $62,479.00 filed in the state the taxpayer lives in. There is a W-2 from ABC Company on CC IRPTR for the same amount, and the TC 976 return includes those wages. The TC 150 return is reporting wages of $44,916 and has an address in a different state. A W-2 from XYZ Corp. for this amount is on CC IRPTR. The W-2 from XYZ Corp. includes the taxpayer’s name but an address in a different state. Research of the account did not result in the identification of another valid TIN. This information supports making a determination of refund related IDT requiring non-streamline resolution and income related IDT for the income earned by the person who filed the TC 150 tax return.

    • Signatures (except for e-filed returns when a signature is unavailable)

      Note:

      For additional signature requirements refer to IRM 21.6.7.4.9, Signature Verification.

      Note:

      A Form 14039 received from Federal Trade Commission (FTC) should be considered valid. A signature is no longer required for the IRS to accept the receipt of the Form 14039.

  9. Do not determine the validity of a social security card based on the word "VOID" on the photocopy. Placing the word "VOID" on a photocopy of a recently issued social security card simply indicates that the document is a photocopy of the original card.

  10. The receipt of a "notification" or an "incidental" Form 14039 or some similar type of information (e.g., a police report regarding IDT) requires you to change the category of the "DUPF" or MXEN case to "IDT1/IDS1" or to "IDT3/IDS3" , if the IDT was discovered by the IRS.

    Caution:

    When reviewing cases with similar or identical income, careful and thorough research must be performed to determine the correct TIN owner. With external data breaches on the rise, a valid return could easily be identified as a duplicate and/or amended return. Review the returns or IDRS for the following indications:

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

    • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡"≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡"

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

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

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

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

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

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

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

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

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

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

    Note:

    This list may not be all inclusive.

     

  11. If you identify a TC 971 AC 123 with MISC "PREPARER CONTACT" , or the taxpayer provides a statement indicating they were potentially involved in a data breach incident, refer to IRM 25.23.4.8.1.5, Identity Theft (IDT) with External Business/Preparer Data Breach Involvement, for additional information.

  12. If you identify a TC 971 AC 123 with MISC "TTAX LIST" , or the taxpayer provides a statement indicating they were advised by Intuit/TurboTax that an individual attempted to use their personal information to create a new account and/or file a tax return, refer to IRM 25.23.4.8.1.6, Identity Theft (IDT) with Tax Preparation Software Misuse, for additional information.

  13. IDTVA cases that have been excluded from the systemic process for unemployment income relief provided in The American Rescue Plan Act of 2021 can be identified by a TC 971 AC 123 with MISC "IDTVACASE" (IDTVA case is open) posted on IDRS CC IMFOLE. When an IDT case that was excluded has been closed, IDRS CC IMFOLE will reflect a TC 971 AC 123 with MISC "IDTVACLSD" (IDTVA case has been resolved). These transactions are systemically placed on the account.

  14. If you suspect the case is a scrambled SSN case, order a NUMIDENT. If the NUMIDENT supports a scrambled SSN case, refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), and its subsections to initiate contact with the taxpayers using the TIN, determine if the case is a scrambled SSN case, and the appropriate actions to take based on the determination made.
    For example, if it is necessary to initiate Letter 5064C, order NUMIDENT for use when asking supplementary questions per IRM 25.23.4.18.2.1, Telephone Contact Guidelines (Associated with the Letter 5064C Common Number Questionnaire).

    Caution:

    NUMIDENT is for internal use only; never send NUMIDENT to the taxpayer.

    Note:

    Only attach the NUMIDENT to the primary CII case when a determination has been made that the NUMIDENT is required and necessary to resolve the case.

    Reminder:

    IDTVA Specialty Functions do not work scrambled SSN cases. These cases will be reassigned using the IDTVA Specialty CII Reassignment Guide for Non-IDT Cases after resolution of all IDT impacted years.

  15. If you determine the case is a Mixed Period, the taxpayer is not a victim of identity theft. Refer to IRM 25.23.4.10.15 , No Identity Theft (NOIDT) Determinations. IDTVA-A employees should retain the case and resolve it. For additional information, see IRM 21.6.7.4.2.7.1, Mixed Periods.

    Reminder:

    IDTVA Specialty Functions do not work mixed period cases. These cases will be reassigned using the IDTVA Specialty CII Reassignment Guide for Non-IDT Cases after resolution of all IDT impacted years.

  16. If a valid TIN can be located for each taxpayer, the taxpayer is not a victim of identity theft. Refer to IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations. IDTVA-A employees should retain the case and resolve it. For additional guidance, see IRM 21.6.2.4.2, Mixed Entity Procedures.

    Reminder:

    IDTVA Specialty Functions do not work mixed entity cases. These cases will be reassigned using the IDTVA Specialty CII Reassignment Guide for Non-IDT Cases after resolution of all IDT impacted years.

  17. If a valid different TIN cannot be located for at least one of the taxpayers, continue processing as an IDT case.

    The following items may be indicators of current or prior IDT:

    Note:

    A TC 971 AC 129 identifies a return as questionable. This indicator alone does not meet IDT criteria. Other indications of identity theft must be present to refer a case to IDTVA.

    • Previously posted TC 971 AC 501/506 or 522.

    • The presence of a "CP 36I" transcript or "SPC 8" . These are generated when a taxpayer sends in a Form 14039, a police report, or a similar statement indicating identity theft. The SPC 8 also generates a TC 971 AC 522 on CC ENMOD and a CP 01S acknowledgement.

      Note:

      When a Form 14039(SP), a police report, or a similar statement is received in Spanish, the return is coded with "SPC S" , which generates the TC 971 AC 522 and a CP 701S acknowledgement.

    • The presence of a CP 36U transcript that generates an IDT1 or CP 36V that generates an IDT3. These transcripts are generated based on prior IDT indicators on IDRS.

    • The posting of a CP 36N or CP 36P transcript. These generate when a CP 05A is present on the module. The CP 36 "N" generates when a CP 05A is present and the module has a credit balance. The CP 36 "P" generates when a CP 05A is present and the module has a zero or debit balance. The cases have previous RIVO involvement.

     

  18. When a return is received from a taxpayer with a previous IDT indicator, a transcript (TRNS) 36V will generate. Any returns meeting this criterion must be processed. The return should be processed where received unless the account was not corrected properly. The case should only be reassigned if there are outstanding issues or questions on the previous account adjustments.

    Note:

    If the employee is not assigned to IDTVA, the case should be retained and worked where identified.

    Note:

    Transcripts can be identified on TXMOD by the presence of TC 971 AC 805 and a MISC code of TRNS 36, 36D, 36F, 36I, 36N, 36P, 36S, 36U, or 36V.

    Reminder:

    IDTVA-A employees - do not reassign the following transcripts to IDTVA Specialty Functions unless there is an open/active claim or involvement: TRNS 36, 36D, 36I, 36N, 36P, 36S, 36U and 36V.

    Example:

    A taxpayer is selected by Exam. The return selected is deemed an IDT return and nullified. IDTVA Specialty Exam determines the SSN owner has a filing requirement. A return was requested but not received. The account was backed out and the appropriate IDT indicator was placed on the account. Six months later, the SSN owner files a return. The return is received in IDTVA-A. The return will remain in IDTVA-A to be processed.

  19. For cases originally controlled with a non-IDT category code (e.g., DUPF, C36F, etc.), determine how the case should be categorized (e.g., IDT1/IDS1, or IDT3/IDS3, etc.) per Exhibit 25.23.4-9, IDTVA-A Identity Theft (IDT) Work Types Listing. Prior to reassigning a case to an IDT category code, document all research completed, results of the research, the request for reassignment, and lead or manager approval to reassign in a CII case note.

25.23.4.6.2 (10-01-2023)

IDTVA - Additional Research and Required Actions

  1. Identity theft cases will be either taxpayer identified or IRS identified. All taxpayer identified claims will be categorized as an IDT1 and all IRS identified cases as an IDT3, unless a pre-determination has been made.

    Note:

    IDTVA Specialty Functions cases are identified or categorized by "IDIX" where X = a digit from 1 to 9 depending on the function. See Exhibit 25.23.2-16, IDTVA IDRS Category Controls by Function, for additional details.

  2. For the majority of cases, you will be able to work them without obtaining additional information from the taxpayer. If additional information is needed to resolve the case, refer to guidance in IRM 25.23.2.3, Identity Theft Claims - General Guidelines, and IRM 25.23.2.3.6, When to Request Additional Information to Support an Allegation of Identity Theft.

    Reminder:

    If you can work the case utilizing internal resources, do not request unnecessary information from the taxpayer.

  3. If the case has already been assigned as an IDT8 case, this is a pre-determined streamline case. After reviewing the remainder of this IRM section, proceed to IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, for case resolution.
    A CN determination has already been made on these cases. If you have more than one tax year to resolve, each case should be resolved separately.

    Example:

    You may have one case where the pre-determination has already been made and another case that requires you to conduct additional research to make the CN determination. Use good judgement to determine when additional and/or extensive research is warranted.

  4. If the case has not been pre-determined, refer to IRM 25.23.4.8, Identity Theft (IDT) Common Number Ownership and Case Processing Determinations, prior to taking any action on the account. Once a determination of CN ownership has been made, document the determination in a CII case note and follow the appropriate case resolution process to correct all affected modules.

  5. When a taxpayer is a victim of income related IDT and refund related IDT (invalid return present) for the same tax year, follow applicable procedures to resolve the invalid return and address any income not belonging to the valid taxpayer. The closing IDT indicator input will be based on the invalid return determination.

  6. The table below provides IRM references for various account circumstances that may need to be addressed.

    Account Circumstances IRM References and Resources
    (1) Address Change IRM 25.23.4.6.3, IDTVA Research, Verification, and Requests, Exhibit 25.23.4-21, Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, IRM 25.23.2.3.7, When to Update the Victim’s Address, and IRM 3.13.5.42, Determining National change of Address (NCOA) Address Changes.
    (2) Adoption Credit Form 8839, Qualified Adoption Expenses, and IRM 21.6.3.4.1.25, Form 8839, Qualified Adoption Expenses.
    (3) Affordable Care Act
    For unprocessed returns or amended returns with Form 8962, Premium Tax Credit, or Form 8965, Health Coverage Exemptions, submitted by the valid SSN owner, follow procedures in IRM 21.6.3.4.2.12, Premium Tax Credit.

    When nullifying TC 150 returns for tax year 2014, or later years, the Shared Responsibility Payment (SRP) may be posted to the MFT 35. A separate adjustment on the MFT 35 account will be required to reverse the SRP. Use of the IAT Credit Transfer tool is required when reversing any credit applied from the MFT 30 account. This is identified by a TC 796 on the MFT 35 account and TC 896 on the MFT 30 account. Follow instructions in IRM 21.6.4.4.20.3.1, Shared Responsibility Payment Adjustments.
    (4) American Rescue Plan Act (ARPA) IRM 25.23.4.21, American Rescue Plan Act (ARPA) - General
    (5) Combat Zone - C Freeze IRM 21.6.2.4.2.3, Valid TIN Located - Taxpayer B - Posted First
    IDTVA Specialty Functions, also see IRM 5.19.10.6.2, Combat Zone Qualified Individuals and Areas, and
    IRM 5.19.10.6.3, Combat Zone Freeze Code.
    (6) Decedent Returns IRM 21.6.6.2.20.1 , Updating the Entity on Decedent Accounts.
    (7) Earned Income Tax Credit Recertification Indicator (EITC) - Reversals IRM 4.19.14.7(7), Recertification.
    (8) Economic Impact Payment (EIP) IRM 25.23.4.20, Economic Impact Payment (EIP) and Recovery Rebate Credit (RRC) - General.
    (9) Erroneous Refunds IRM 21.4.5.5, Erroneous Refunds Categories and Procedures.
    (10) Excess Collections - Moving credits to or from the Excess Collection File (XSF) IRM 25.6.1.7.3, Excess Collection File (XSF) and Unidentified Remittance File (URF).

    Note:

    If the debit/credit is not posted or pending after 8 weeks, follow local procedures to contact IDTVA P&A to follow up with the appropriate site’s P&A.
    (11) First-time Homebuyer Credit (FTHBC) IRM 21.6.3.4.2.10, First-Time Homebuyer Credit.
    (12) Form 3949-A turned Form 14039 in error IRM 3.28.2.4, Initial Screening Criteria, for routing instructions.
    (13) Fraudulent and/or Compromised POA IRM 21.3.7.5.5.3, How to Report a Compromised or Potentially Compromised CAF Number.
    (14) General POA IRM 21.3.7.8.4, General Durable POA Authorizations.
    (15) IDT Case Requiring Corrections IRM 25.23.4.14, Identity Theft (IDT) Cases Processed Incorrectly.
    (16) Letter Procedures Job Aids Non-Tax-Related IDT (IDT4) Letters Job Aid and Tax-Related IDT Letters Job Aid
    (17) Manual Refunds IRM 21.4.4.5, Preparation of Manual Refund Forms.
    (18) Math Error Procedures IRM 21.5.4, General Math Error Procedures.
    (19) Moving Refunds IRM 21.5.2.4.23.10, Moving Refunds.
    (20) Prisoner Cases (Incarcerated Taxpayers) Confirmation of incarceration, current facility, and updated mailing addresses may be found by researching government websites, such as the official Department of Corrections website for the state of the address provided by the taxpayer. (i.e., PublicRecordCenter.com)
    (21) Restricted Interest Accounts requiring manual restricted interest computations will be referred to the IDTVA restricted interest specialist. See IDTVA Restricted Interest Desk Guide

    Note:

    Cases that may require restricted interest calculations include disaster claims, carryback/carry forward and combat zone claims.
    (22) TOP Offsets IRM 25.23.4.10.10.2, Identity Theft with TOP Offsets.
    (23) Unfiled Returns IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions.
    (24) Unpostables IRM 21.5.5.4.2, Resolving Unpostables.
    The UPTIN Histories Tool on IAT can be used to research and resolve unpostables. The tool is designed to assist users with input of histories on CC UPTIN.
    Unpostables on OARs must be corrected within 3 days of identification.

    Note:

    The list above may not include all actions required to resolve your case. Research and analyze each case to ensure complete and accurate resolution.

  7. If a valid TIN is not located and the IDT return cannot be nullified, you may need to create an IRSN for the IDT (invalid) return(s).

  8. For all non-streamline case processing, the TIN-Related Problem Research Sheet is required. This research sheet is found on SERP under the IRM Supplements tab. The research sheet can also be completed using the aMend tool. Per Exhibit 21.2.2-2, ACCOUNTS MANAGEMENT MANDATED IAT TOOLS, use of the aMend tool is mandatory when working IDT cases. Include a CII case note when a determination is made. Record all significant research actions and information. The information retained/recorded must be sufficient to support the actions taken on the case.

    Note:

    In situations where the aMend tool will not perform the necessary account adjustment, the IAT xClaim tool or REQ54 tool must be used.


    For streamline cases, include a CII case note when a determination is made (e.g., CP 05A, DECD Taxpayer (TP), invalid/valid per IRP data etc.).

    Note:

    If you are preparing the case for reassignment to another CSR/TE or to the IDT holding number, you may notate your research in the "Notes" section of the CII case in lieu of using the research sheets. The IDT holding number can be found on the Accounts Management Site Specialization Temporary Holding Numbers Listing. located on SERP.

  9. If the IDT claim cannot be supported based on the information received and your research, refer to IRM 25.23.2.6.6.3, Identity Theft Claims Submitted by Individuals Who Do Not Appear to be the Victim, for additional guidance.

25.23.4.6.3 (10-01-2023)

IDTVA Research, Verification, and Requests

  1. For instructions related to research, verification, and requests, see the table below:

    If And Then
    (1) The TC 976/977 was not processed,   Refer to IRM 25.23.4.6.5.2, Unprocessed Documents.
    (2) The SSN owner’s return posted as TC 976, An election was made for the Presidential Election Campaign Fund (PECF), Prepare a dummy Form 1040-X. Refer to procedures in IRM 21.6.7.4.12, Presidential Election Campaign Fund (PECF).
    (3) The SSN owner’s return posted as TC 976/977 bypassed DIF scoring,   Research for DIF scoring criteria per IRM 21.5.2.4.23.6, Discriminant Index Function (DIF) SCORE or CLASSIFICATION “Send Return(s) to Examination for Review”. DO NOT refer Form 1040-EZ, Income Tax Return for Single and Joint Filers With No Dependents.

    Caution:

    All adjustment actions must be input prior to referring to Exam.
    (4) The return is a statute year, Action is required to prevent a barred assessment/statute, Refer to IRM 25.23.2.5, Statute Protection, IRM 25.6.1.13, Barred Assessments/Barred Statute Cases, and IRM 25.6.1.5, Basic Guide for Processing Cases with Statute of Limitations Issues, for additional guidance.

    Reminder:

    A return must be considered valid for the ASED to apply. Refer to IRM 25.6.1.6.14, Criteria for Establishing a Statute of Limitations Period.
    (5) You discover any errors when you math verify the valid return,   See IRM 25.23.4.6.5.3, Missing Information, to determine the appropriate actions to take.
    (6) The valid taxpayer may have a filing requirement for the impacted year, The valid taxpayer has not filed a return, See IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions.
    (7) If the impacted year is tax year 2018, 2019, or 2020, Any Economic Impact Payment (EIP) was issued, See IRM 25.23.4.20, Economic Impact Payment (EIP) and Recovery Rebate Credit (RRC) - General.
    (8) The CN entity reflects an incorrect (or invalid) address,  

    1. Conduct research using information available on CII, AMS, and IDRS to determine an appropriate address for the CN owner.

      Note:

      The address included on the most recent return received may not be the most current even if determined to be a valid return. Thorough research is necessary to determine the appropriate address to prevent issuance of correspondence to an incorrect address. IDTVA employees are encouraged to use their best judgment in identifying the correct address and must clearly document their research and reasoning when it is determined the most appropriate address is not the address on the valid taxpayer’s correspondence or most recent return.

    2. If you are unable to identify the appropriate address through internal research, follow procedures in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), to attempt to contact the taxpayer by phone. If the taxpayer confirms the correct address, document the information in a CII case note. Do not send a letter requesting confirmation of the correct address if attempts to contact the taxpayer by phone are unsuccessful. Document attempts to contact the taxpayer and proceed to step (3). If a phone number is not available, proceed to step (3).

    3. If you were unable to determine the appropriate address through internal research and were unsuccessful in your attempts to contact the taxpayer by telephone, update the CN entity using the address from the following (to be applied in the order listed):

      • Form 14039, Police Report, or Correspondence, unless a current year tax return determined to be valid has been received more recently. If a valid current year tax return has been received more recently, use the address on the valid return.

      • Address found on CC IRPTR for the current year associated with income determined to belong to the valid taxpayer.

      • Address found on the most recent prior year return determined to be valid.

25.23.4.6.4 (10-01-2023)

Complete Case Analysis (CCA)

  1. To ensure all identity theft issues have been identified, complete case analysis (CCA) is required on all tax related receipts into IDTVA inventory, income related identity theft cases, and dependent related identity theft cases. This includes but is not limited to the following:

    • Conducting a cursory review of prior years (a minimum of three prior years) and all subsequent years for apparent evidence of unresolved IDT issues. The prior year review will continue in one-year increments until no indications of identity theft are found.

      Example:

      The SSN owner filed for the first time in 2017. A review of the account indicates returns were filed for tax years 2015 and 2016. While the taxpayer did not include the tax years 2015 and 2016 on the Form 14039, it is clear these years were not filed by the SSN owner.

      Example:

      The SSN owner claimed identity theft for tax year 2016. A review of the account indicates there is also identity theft for tax year 2013. The look back rule applies again by reviewing tax year 2012. If tax year 2012 is not impacted, no further look back is required.

    • Do not assume the taxpayer filing a Form 14039 claim is the true owner of the SSN. Consider all information received, the research you conducted, and any additional information available to determine the legitimate taxpayer and resolve the case thoroughly and accurately. An external data breach return could have identical or similar information. Refer to IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, for additional items to review to prevent the mishandling of an IDT case.

    • When completing case analysis, if there is Compliance involvement and a determination of IDT for the same year, reassign all years. Do not perform any account adjustments or issue letters requesting additional information.

    • When completing case analysis, dependent related IDT may be IRS identified when misuse of a TIN occurs on a return determined to be fraudulent. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, for additional information.

    Note:

    When resolving accounts identified through completion of required research for the look back period, work active tax years only. Active tax years include tax years where IRPTR data is still available and the module is not in retention, years where IRPTR data is not available but the module is not in retention due to current account activity (i.e., balance due, etc.), and years that are impacted by income-related IDT but do not have a filed return, TDI, ASFR, or Exam SFR issue. Do not adjust modules in retention, including tax years listed on Form 14039, unless reversing a tax offset will create a balance due or it is necessary to resolve the taxpayer issue (to make the taxpayer whole). Update the activity code of the active module "RTTN###" when requesting a module from retention.

  2. Include a CII case note indicating CCA was performed and the results of that research.

    Example:

    Invalid/Valid per IRPTR Data, lost refund. CCA completed - No additional impacted years.

  3. Any tax year identified through the CCA process must be addressed using the appropriate indicator for the case type. Taxpayer identified identity theft that does affect tax administration will be marked with TC 971 AC 501 for each impacted year. Additional impacted years identified through CCA will be marked with TC 971 AC 501 REFCCA for refund related determinations or ICMCCA for income related determinations. Taxpayer identified identity theft that does not affect tax administration will be marked with TC 971 AC 504 for each impacted year. Additional impacted years identified through CCA will be marked with TC 971 AC 504 ICMCCA. For IRS identified cases, the account will be marked with TC 971 AC 506 for each impacted year. Creation of CII cases for impacted years discovered through CCA will use the date of identification as the IRS received date. The IRS received date on a Form 14039, Police Report, or other correspondence reporting an identity theft issue will only be used for impacted tax years listed by the taxpayer.

    Exception:

    If the information is requested from the taxpayer to confirm the IDT determination for the years discovered through CCA, close the case with a TC 971 AC 501. See IRM 25.23.2.6.1(1)a, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501.

    Example:

    Form 14039 is filed to report the taxpayer suspects someone may be using their name and SSN to work and file taxes . The taxpayer says they were unable to file their TY 2019 return, because a return is already on file. The taxpayer explains that they began working in 2019 and this is their first time filing. Completion of CCA results in the discovery of returns meeting nullity criteria filed for TY 2017 and 2018. Further research results in the identification of income earned under the taxpayer’s SSN for TY 2014-2016. The taxpayer was not of age to work during those years. There are no returns on file or Compliance issues for TY 2014-2016. TY 2019 will be closed with TC 971 AC 501, because the taxpayer was determined to be a victim of identity theft affecting tax administration and listed this year on Form 14039. TY 2017 and 2018 will be closed with TC 971 AC 501 REFCCA, because the taxpayer filed Form 14039 and was determined to be a victim of identity theft impacting tax administration for these years through CCA. TY 2014-2016 will be closed with TC 971 AC 504 ICMCCA input for each year, because the income related identity theft issue was included in the claim, and the taxpayer was determined to be a victim of income related identity theft that does not impact tax administration.

    Example:

    A Police Report is received indicating the taxpayer is a victim of identity theft for TY 2017. TY 2018 is the first year they filed a return. Completion of CCA results in the discovery of invalid returns filed for TY 2015, 2016, and 2017. The IRS received date for CII cases created for TY 2015 and 2016 will be the date CCA was completed, because that is the date additional impacted years were identified.

25.23.4.6.5 (07-15-2021)

Documentation Requests, Return Processing and Missing Information

  1. Before you can proceed with resolving a case, there may be instances when you will need to take the following actions:

    • Submit unprocessed returns to SP for processing

      Note:

      Refer to guidance under IRM 25.23.4.11.1, Identity Theft (IDT) Expedite Operations Assistance Requests (OARs) - (Cases that Meet Economic Burden Criteria 1-4 and Contain Unprocessed Original Returns; TC 976 Documents) - Austin IDTVA-A ONLY, if cases meet TAS economic burden criteria 1-4.

    • Order returns/documents only when it is necessary for case resolution

      Note:

      For IDT1 cases originally established as IDT3 cases, all internal research must be completed in an effort to make an IDT determination prior to ordering documents. To prevent delays in resolution, only order the document when it is necessary to make a determination of IDT.

    • Request missing schedules/forms and/or signatures from the TP


    Refer to the following IRM sections for additional guidance:

    • IRM 25.23.4.6.5.1, Ordering Documents

    • IRM 25.23.4.6.5.2, Unprocessed Documents

    • IRM 25.23.4.6.5.3, Missing Information

25.23.4.6.5.1 (10-01-2022)
Ordering Documents

  1. Requesting documents from files may result in significant delays in case resolution. To prevent unnecessary delays, verify the document you are requesting is needed to make a determination and/or correct the account. Complete all required account research prior to ordering the document. You may find the information available in CII images, AMS history items, and IDRS Command Codes (TRDBV, IRPTR, IMFOLR, NAMES, etc.) is sufficient to make a CN ownership determination, verify nullity criteria is met, or determine the case is a MXEN or IJE issue.

  2. If the return and/or other documentation is not attached to your case and is not available in another CII case, order the document only if it is necessary to resolve the case. The CSR/TE resolving the IDT case will order the document. A document may be necessary, if any of the following conditions are met, unless an exception applies:

    • No information exists on CC TRDBV for the duplicate return and/or schedules filed

    • No income information is available on CC IRPTR

    • The case requires routing to Automated Under Reporter (AUR) or Exam

    • The case is a true "MXEN" case

      Exception:

      Returns meeting No Move criteria or account move conditions requiring use of Form 12810, Account Transfer Request Checklist, do not need to be ordered to resolve the account. Refer to IRM 25.23.4.9.1.2, Tax Year Account Move Conditions - Applicable for IDT(X) and IDS(X) Cases, for additional information.

    • The case is a Default True Scrambled SSN Case

    • A non-streamline case

      Exception:

      Returns meeting No Move criteria or account move conditions requiring use of Form 12810, Account Transfer Request Checklist, do not need to be ordered to resolve the account. Refer to IRM 25.23.4.9.1.2, Tax Year Account Move Conditions - Applicable for IDT(X) and IDS(X) Cases, for additional information.

    • A CP 36I was generated, but the Form 14039 was not scanned to the CII case

      Exception:

      Some CP 36I cases may not have the documents scanned to the case by the time you are ready to work your case. If you have a CP 36I case that is less than 30 days old, hold the case in your inventory to allow adequate time for the return to appear on CII, unless your research determines the return and any additional information/documentation are not necessary. Also leave a case note on CII/AMS "Awaiting CP 36I scanned docs" , or similar remarks.
      The decision to order the documents should be made on a case by case basis depending on other research and analysis conducted that assists you in making a correct CN determination. Having the return and Form 14039 available may provide additional information pertinent to your case.

      Caution:

      Because an external data breach return could have identical or similar information, you may need to order missing documents to determine if the TP has indicated they were the victim of a breach. This information may have been included on the Form 14039. Also refer to IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview and IRM 25.23.4.8.1.5, Identity Theft (IDT) with External Business/Preparer Data Breach Involvement.

    • The Form W-2, Wage and Tax Statement, is missing and wages and withholding needs to be verified per paragraph (11) of IRM 21.6.3.4.2.2, Withholding (W/H) Tax Credit

    • The return is missing schedules and/or required forms

    • The return is filed under an ITIN and reports wages

    • The taxpayer is deceased and you need Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer, or court documents to issue a refund

    • You suspect that the return is for another taxpayer with a valid SSN, but cannot locate the other SSN on NAMEI/NAMES

    • You suspect that the return is for another tax year based on your research, but cannot validate this without the return

      Note:

      CSRs performing the resolving actions on a case should determine if additional information (which includes the Form 14039) is needed to make a determination of CN ownership. If enough information has been received or is available through internal research, work to resolve the case to completion. Requesting unnecessary information will delay the processing of the case.

      Exception:

      If the case meets CAT A or Discriminant Index Function (DIF) scoring criteria, per IRM 21.5.2.4.23.6, Discriminant Index Function (DIF) SCORE or CLASSIFICATION "Send Return(s) to Examination for Review", the return must be ordered.

      Caution:

      When a refund is due, do not order the return only to verify the signature. If the information has been transcribed on TRDBV, the signature should have been validated during processing. Assume the return had a valid signature and continue processing. In addition, do not order the return if the entity information is not present on TRDBV. If it was not transcribed, the address and name matched the information on MF. If you determine through additional research the signature is needed for other purposes and/or the entity information is incorrect, order the return.

      Note:

      This list is not all inclusive


    If the return is required and is not already attached to the case, utilize CC ESTAB using "DQ" as the definer. In the remarks section of the ESTAB request, annotate the following: "AM-ID Theft" and Scan to open CIIXXXXXX case. These annotations will notify Files to pull the returns as priority and to send the request to the Image Control Team (ICT) team to scan. This should reduce multiple CII cases.

    Caution:

    If reprocessing a return and research indicates prior filing by the spouse, see IRM 21.6.7.4.5, Multiple Uses of Taxpayer Identification Numbers - TRNS36F (DUPTIN Filing Condition), for additional information.

  3. If you do not receive the return within 30 days of the first request, submit a second CC ESTAB request. Refer to IRM 21.6.7.4.4.1(5), TRNS36 - Control, for information about charge outs and Special Search requests if you have not received the return within 30 days of your second request.

25.23.4.6.5.2 (10-01-2020)
Unprocessed Documents

  1. While working IDT cases, you may identify unprocessed returns that must be addressed. For purposes of IDT resolution, a return posted with a TC 977 that has been scanned as a CII image will be considered unprocessed. IDTVA screeners will receive unprocessed returns from Submission Processing (SP) and/or Statutes that have indications of IDT (i.e., Form 14039, similar statements or “Identity Theft” is notated on the return, etc.). See IRM 25.23.4.6.5.2.1, Unprocessed Statute Returns or Transcripts (IDTVA Screeners Only), for specific procedures. For Compliance IDT cases, an original return with no TC 976/977 posted may be received from the referring Compliance Function.

  2. Research to determine if the return has been processed. See the chart below for additional guidance.

    If And Then
    (1) There is a TC 976 present on the account, The TC 976 is for the return in the case, The return does not need to be sent to SP for processing.
    (2) There is a TC 976 present on the account, The TC 976 is not for the return in the case,

    • Search CII for the return associated with the posted TC 976, and link any related cases.

    • For any return that does not have a posted TC 976, follow the procedures throughout the remainder of this IRM, beginning with paragraph (3).
    (3) There is no TC 976 present on the account, The return is present on CII or is an original return from a referring Compliance Function,

    • Follow the procedures throughout the remainder of this IRM, beginning with paragraph (3).

  3. Priority treatment must be given to Operations Assistance Requests (OARs) and statute imminent circumstances. Screen all statute year returns to determine if the ASED is expiring or imminent. See the chart below for additional guidance.

    Note:

    A CN ownership determination must be made before statute protection procedures can be followed.

    If Then
    (1) The current account ASED and the valid return ASED are both greater than 180 days,

    • The account does not require statute protection actions.
    (2) The current account ASED and the valid return ASED are both 180 days or less,

    • Do not abate tax.

    • Input TC 560 before you send the case to SP for processing.

      Note:

      The ASED must post before sending to SP.

    • Refer to IRM 25.23.2.5, Statute Protection, for quick assessment procedures.

      Reminder:

      Reference IRM 3.12.179.75.3, UPC 178 Reason Code 2 Assessment Statute Expiration Date (ASED), to prevent an unpostable 178-2.
    (3)The ASED for a valid return is expired,

    • Do not abate tax.

    • See IRM 25.23.4.9.3, Addressing Barred Assessments on Identity Theft (IDT) Cases, to determine if there is a barred assessment and identify the applicable initial case actions required to correct the account.
    (4)The ASED for an invalid return that will be moved to an IRSN is 180 days or less but has not expired,

    • Do not abate tax.

    • Research to determine if an IRSN was previously assigned to the taxpayer.

    • Assign a new IRSN if one was not located through research.

    • For Compliance IDT cases, contact the DITA team lead to request assignment of a new IRSN if one was not located through research

    • Refer to IRM 25.23.2.5, Statute Protection, to complete a quick assessment on the IRSN account.

  4. A return will be considered signed if the correspondence includes any form that contains a signed Jurat (e.g., Form 14039, Letter 3219C).

    Reminder:

    Both taxpayers’ signatures must be present on jointly filed returns. See IRM 21.5.3.4.4.1, Special Handling of Signature Requests, for exceptions.

  5. Unprocessed returns deemed a nullity must never be sent to SP for processing as a TC 976. Follow procedures in IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, to make a nullity determination.

    If And Then
    (1) The TC 150 return has been determined to be a nullity through the Refund Scheme Listing, IRP Data or Schedule C Case Processing, or through verification of an RIVO determination, The unprocessed return has been validated as filed by the CN owner,

    • Edit the unprocessed return per paragraph (9) below.

    Note:

    If there is an open CII case related to the unprocessed return, leave a CII case note documenting all actions taken.
    (2) There is no TC 150 posted, The unprocessed return has been validated as filed by the CN owner,

    • Edit the unprocessed return per paragraph (9) below. Do not post TC 976.

    Note:

    If there is an open CII case related to the unprocessed return, leave a CII case note documenting all actions taken.
    (3) If the unprocessed return has been deemed invalid but does not meet nullity criteria, The TC 150 return has been validated as filed by the CN owner,

    • For Compliance IDT cases, see paragraph (6) below.

    • For all other cases, edit the unprocessed return per paragraph (9) below.

    Note:

    If there is an open CII case related to the unprocessed return, leave a CII case note documenting all actions taken.
    (4) If the unprocessed return has been deemed invalid but does not meet nullity criteria, There is no TC 150 posted,

    • For Compliance IDT cases, see paragraph (6) below.

    • For all other cases, follow the procedures detailed below:

    • Research to determine if an IRSN was previously assigned to the taxpayer.

    • Assign a new IRSN if one was not located through research

    • Edit the unprocessed return per paragraph (9) below. Do not post TC 976. Replace the TIN on the return with the IRSN assigned to that taxpayer

    Note:

    If there is an open CII case related to the unprocessed return, leave a CII case note documenting all actions taken.

  6. For Compliance IDT cases that are not currently assigned to DITA but require an IRSN, do not route the return to SP. Follow procedures in IRM 25.23.10.6, Post Function Referral Procedures, to refer the case to DITA.

  7. Valid returns not processed as an original return have bypassed DIF scoring. Valid returns must be screened for DIF score criteria after the TC 976 has posted to the account. See Exhibit 25.23.4-21(2) , Input, Annotations and Action Requirements for Streamline/Non-streamline Case Processing, If/Then scenario (3) for additional information.

  8. Prior to forwarding the return for processing, review the chart below. Take the appropriate action for each scenario the return to be processed matches.

    If And Then
    (1) IDRS CC TXMOD reflects a Master File (MF) status of 02 or 03,  

    • Refer to IRM 25.23.2.6.5, Closing Identity Theft Cases with Tax Delinquency Inquiries (TDI),

    • Note the appropriate TC 59X code in the left margin of the return.
    (2) IDRS CC TXMOD reflects an unreversed TC 971 AC 121/124/129,   Input TC 972 AC 121/124/129 to reverse it.
    (3) The return being processed is Married Filing Jointly (MFJ), The current filing status is not MFJ,

    • Input TC 594 CC 084 on the secondary TIN to prevent separate TDI activity. Cross reference the primary TIN.
    (4) The return being processed is Married Filing Jointly (MFJ), The current filing status is MFJ with someone other than the spouse on the return,

    • Input TC 592 to reverse the TC 594 CC 084 for the invalid return previously processed.

    • Input TC 594 CC 084 on the secondary TIN to prevent separate TDI activity. Cross reference the primary TIN.

      Reminder:

      TC 592 will reverse all TCs 59X on the module. Input of a TC 594 CC 084 cannot be post delayed. If the valid taxpayer is the secondary on a valid MFJ return, monitor the account for one week. After one week, input TC 594 CC 084 to cross reference the correct spouse.
    (5) There is a name line change from any filing status to MFJ,  

    • Update ENMOD prior to sending the return to SP for processing to prevent UPC 166. See IRM 3.12.179.64, UPC 166 Reason Code 0 Filing Status Code (FSC) Mismatch, for additional information.
    (6) There is a name line change from MFJ to any other filing status, The module does not include Self-Employment income for the secondary taxpayer,

    • Update ENMOD prior to sending the return to SP for processing to prevent UPC 166. See IRM 3.12.179.64, UPC 166 Reason Code 0 Filing Status Code (FSC) Mismatch, for additional information.
    (7) There is a name line change from MFJ to any other filing status, The module does include Self-Employment income for the secondary taxpayer,

    • Address the invalid return.

    • If the invalid return meets nullity criteria, input a full back out of the return figures, unless that action will cause a barred statute.

    • If the return does not meet nullity criteria, follow procedures in, IRM 25.23.4.7, Non-Streamline Identity Theft (IDT) Case Processing, and move the return to an IRSN. For Compliance IDT cases, see paragraph (6) above.

    • Update ENMOD to remove the secondary taxpayer information after the actions taken to nullify or remove the invalid return from the account have posted.

    • The remaining actions to adjust the account to the valid return figures will be taken after the TC 976 has posted.
    (8) The return is part of a Compliance IDT case, The case is being worked by a function that addresses unreported income,

    • Verify all income belonging to the taxpayer(s) is included on the return to be processed.

    • Follow your functional IRM for specific guidelines to address incomplete returns, if necessary.

  9. Valid unprocessed returns must be edited prior to sending for processing:

    • To prevent the valid return from unposting, edit the return with SPC ‘B’ in the right margin between the secondary TIN and the Presidential Election Campaign Fund (PECF) designation per the instructions in IRM 3.12.2-4 , Special Processing Codes. This allows the return to bypass UPC 126 and all UPC 147 Reason Codes, except RC 4.

    • Notate ‘ITVA’ in the upper left-hand corner. Refer to IRM 21.5.2.4.23.7, Coding and Editing Procedures, for additional guidance that may be applicable.

    • All edits must be made in ‘Red’ pen/pencil only. It is also acceptable to notate all edits on CII images using the annotation tools then underline the changes in ‘Red’.

  10. Send unprocessed valid returns to Submission Processing. Monitor the account for the posting of TC 976. Use the table below to determine the appropriate Submission Processing Site:

    If Then
    For campuses with Submission Processing (SP),

    • Route the return to your local SP using a Form 1725 or similar local routing slip.

    • Include, “Post TC 976 - Do not send to ICT to be imaged”, or similar instructions in the remarks field.

      Exception:

      If a paper return is received in response to a Letter 5064C, only input, “Post TC 976”, as the remarks.

      Exception:

      Unprocessed Forms 1040-NR, 1040-SS, and 1040-PR will be sent to Austin Service Center.

    • If 40 days have passed, and the TC 976 has not posted, see IRM 25.23.4.6.5.2.2, Unprocessed Returns - 40 Day Suspense Time Frame Expired.
    For campuses without Submission Processing (SP),

    • Using a Form 3210, route the return to Kansas City SP at:
      Internal Revenue Service
      Stop 6052
      333 W Pershing Road
      Kansas City, MO 64108

    • Include, “Post TC 976 - Do not send to ICT to be imaged”, or similar instructions in the remarks field.

      Exception:

      If a paper return is received in response to a Letter 5064C, only input, “Post TC 976”, as the remarks.

      Exception:

      Unprocessed Forms 1040-NR, 1040-SS, and 1040-PR will be sent to Austin Service Center.

    • If 40 days have passed, and the TC 976 has not posted, see IRM 25.23.4.6.5.2.2, Unprocessed Returns - 40 Day Suspense Time Frame Expired.

  11. Ensure the account reflects the appropriate IDT indicator(s) (i.e., TC 971 AC 522).

  12. If it is determined the IDT issue was previously resolved, follow the chart below.

    If Then
    (1) A TC 150 is present and the ASED is greater than 90 days,

    • Send the return to ICT as an XRET using Form 13503. Refer to the Form 13503 ICT XRET Cover Sheet Sample located on the IDTVA Hub.
    (2) A TC 150 is present and the ASED is less than 90 days,

    • Create a CII case.

    • Send the return for exception scanning.

    • Input a TC 971 AC 010 to generate TC 977.

    • Once scanned to the case, work following applicable procedures per IRM 21.5.3.4, General Claims Procedures.
    (3). No TC 150 is present (i.e., IDT was on secondary TIN, IDT return was Voided/Deleted,

    • Follow the procedures beginning at paragraph (2) above.

25.23.4.6.5.2.1 (12-16-2019)
Unprocessed Statute Returns or Transcripts (IDTVA Screeners Only)

  1. IDTVA screeners receive unprocessed returns from Submission Processing (SP) and/or statutes that have indications of IDT (i.e., Form 14039, similar statements, "identity theft" is notated on the return, etc.). It is the responsibility of the IDTVA screeners to quickly determine if IDT has occurred, if the unprocessed return is "valid" or "invalid" , and the applicable actions to take.

  2. When the Form 14039 included with a tax return does not indicate the taxpayer’s information was used to file taxes, consider the claim as reporting non tax-related IDT, and take the following actions:

    • Detach Form 14039.

    • Notate in the left-hand margin of the Form 1040/A/EZ/SR what is being detached.

    • Notate on the Form 14039 the current date and what is being detached.

    • Route Form 14039 to ICT as an IDT4 using the IDTVA-A ICT Batch Sheet located on the IDT Hub.

    • Continue screening the tax return.

      Example:

      Form 14039 is included with the taxpayer’s 2018 return filed on Form 1040. Section A Option 1, indicating the form is being submitted for the taxpayer, and Section B Option 2, indicating the taxpayer does not know if their information has been used for tax purposes, are both marked. The taxpayer provides an explanation indicating their Social Security Card and ID were in their wallet when it was lost. Detach Form 14039 from the return. Notate on the Form 1040 "detached Form 14039 sent to ICT" . Notate on Form 14039 the current date and "detached from Form 1040 TY 2018" .

  3. Research the account and unprocessed return to determine if any of the returns may be considered a nullity.

    Note:

    The screening process should be completed even if it appears the return was previously screened (SPC "B" and "ITVA" are present on the unprocessed return).

  4. When the return being screened has a stamped Document Locator Number (DLN), refer to the table below to determine where the return originated and the appropriate actions to take:

    If And Then
    (1) The DLN matches the return posted to MF, There is an open IDT(X) CII case or assigned RIVO/NCAT control (not a generic number), Send the return to files per IRM 21.5.1.4.9, Re-Charging and Re-Filing Documents, or follow IRM 21.5.1.4.10, Classified Waste, as applicable.

    Note:

    Determine why the return was sent to process (i.e., AMS, CII, history, etc) prior to taking any actions.
    (2) The DLN matches the return posted to MF, There is no open IDT(X) CII case or assigned RIVO/NCAT control (not a generic number), If TC 976 posted within 2 cycles of the current date or is in PN status, a CII case should be systemically generated within 2 weeks of the TC 976 posting date. Hold the return until the CII case is generated. Take the following actions to monitor for the case creation:

    • Open a MISC control base to your IDRS number using category "MISC" , activity "WT4CIIDATE" (DATE = purge date), status "B" , and the current date.

    • Once the case is created, update your control base activity to "CIIPOSTED" and close the "MISC" base.

    If it has been more than 2 cycles since the TC 976 posted, follow procedures in paragraph (11).
    (3) The DLN matches a return NOT posted to MF (i.e., Voided/Deleted or Identity Theft found on TRDBV), Regardless of whether or not there is an open IDT(X) CII case or assigned RIVO/NCAT control (not a generic number), Continue the screening process. See paragraph (5).

  5. If during the screening process it is determined tax-related IDT did not occur, perform the following actions:

    • Circle out any incorrect edits (SPC "B" and "ITVA" ).

      Exception:

      If any TC 971 AC 501/506 is present on CC ENMOD/IMFOLE that is not being reversed, edit the return per paragraph (7).

    • Reverse any incorrect IDT indicators (i.e., TC 971 AC 501/506/522).

    • Forward the return to SP, ICT or your local statute unit, as applicable.

  6. Use IRM 25.23.4.8.1.3, Identity Theft (IDT) with IRP Data, Refund Scheme or Schedule C Involvement, and IRM 25.23.4.8.1.1, Identity Theft (IDT) with RIVO Involvement, paragraph (4) along with the chart below:

    If And Then
    (1) The TC 150 return has been determined to be a nullity utilizing the Fraud Refund Scheme Listing. The unprocessed return has been validated as filed by the CN owner utilizing IRP data for the year of the screened return. Edit the unprocessed return per paragraph (8) below and continue to paragraph (9).
    (2) RIVO has determined the TC 150 return to be a nullity and does not match IRP data, accept the RIVO determination. The unprocessed return has been validated as filed by the CN owner utilizing IRP data for the year of the screened return. Edit the unprocessed return per paragraph (8) below and continue to paragraph (9).
    (3) The TC 150 return has been determined to be a nullity utilizing IRP data or Schedule C Case Processing. The unprocessed return has been validated as filed by the CN owner utilizing (3) years of IRP data or Schedule C Case Processing. Edit the unprocessed return per paragraph (8) below and continue to paragraph (9).
    (4) Extended research is needed to make a determination of invalid and/or valid return
    (i.e., less than 3 years IRP data, more than one TC 976/977, TC 610 payment, MFT 32 issues, transcript non-streamline procedures or meets criteria in IRM 25.6.1.13, Barred Assessments/Barred Statute Cases, etc.).    		 The current account ASED has not expired
    and is not within 180 days.    		 Edit the unprocessed return per paragraph (8) and send the return to SP for processing.
    (5) Extended research is needed to make a determination of invalid and/or valid return
    (i.e., less than 3 years IRP data, more than one TC 976/977, TC 610 payment, MFT 32 issues, transcript non-streamline procedures or meets criteria in IRM 25.6.1.13, Barred Assessments/Barred Statute Cases, etc.).    		 Current account ASED has expired or within 180 days. Refer to paragraph (9).
    (6) The unprocessed return meets nullity criteria.   Send the return to ICT as an IDT 3 using the IDTVA-A ICT Batch Sheet located on the IDT Hub.

    Note:

    If there is an open CII case related to the return you are screening, input a case note indicating the action being taken (i.e., valid return sent to SP to post TC 976, ASED updated and return being held by IDTVA screener until TC 976 posts, etc.).

  7. If it is determined the IDT issue was previously resolved, follow the chart below.

    If And Then
    (1) A TC 150 is present. The ASED is greater than 90 days. Send the return to ICT as a XRET using Form 13503.
    Refer to the Form 13503 ICT XRET Cover Sheet Sample located on the IDTVA Hub.
    (2) A TC 150 is present. The ASED is 90 days or less. Set the return aside to create a CII case. Take the following actions, once the case has been created:

    • Send return for exception scanning.

    • Input a TC 971 AC 010 to generate TC 977.

    • Once scanned to case, work following applicable procedures, per IRM 21.5.3.4, General Claims Procedures.
    (3) No TC 150 is present (i.e., IDT was on secondary TIN, IDT return was Voided/Deleted, or moved to MFT 32). The ASED is greater than 90 days. Edit the return per paragraph (5) and forward to SP or your local statute as applicable.
    (4) No TC 150 is present (i.e., IDT was on secondary TIN, IDT return was Voided/Deleted, or moved to MFT 32). The ASED is 90 days or less. Set the return aside to create a CII case. Take the following actions, once the case has been created:

    • Send return for exception scanning.

    • Input a TC 971 AC 010 to generate TC 977.

    • Once scanned to case, route to local statute through CII for quick assessment.

    • Additional adjustments may need to be made after the quick assessment posts (AGI, TXI, exemptions, etc.).

  8. An unprocessed return from the TIN owner must be edited before it is sent to SP for processing. Refer to IRM 21.5.2.4.23.7, Coding and Editing Procedures, and IRM 21.5.1.5.5, Processing/Reprocessing CII Tax Returns, for additional guidance that may be applicable when sending a return for processing. Perform the following actions:

    • Notate "ITVA" in the upper left-hand corner of the return.

    • Edit the return SPC "B" (in the right-hand margin between the secondary TIN and PECF designation). This will allow the return to bypass all the UPC 147 Reason Codes except RC 4. See IRM 3.11.3.3.7.6, Special Processing Code (SPC).

    • If there is a name line change, update ENMOD prior to sending the return to SP for processing (e.g., single to joint).This will allow the return to bypass the UPC 166. See IRM 3.12.179.64, UPC 166 Reason Code 0 Filing Status Code (FSC) Mismatch.

    • When the unprocessed return is Married Filing Jointly (MFJ), input TC 594 CC 084 to satisfy the secondary TIN's filing requirement, if one is not present. Make sure there is a name line for the secondary TP’s TIN on the Master File (MF) for the same tax year or earlier. If not, update ENMOD with a name line for the secondary TP’s TIN for the same year.

    • If CC TXMODA reflects a MF status of "02" or "03" , see IRM 25.23.2.6.5, Closing Identity Theft Cases with Tax Delinquency Inquiries (TDI), for additional information.

  9. To ensure the unprocessed return will post as a TC 976, consideration of the current and "valid return" ASED must be made prior to sending the return to SP for processing.

    If Then
    (1) Current account ASED is greater than 180 days, Edit the return per (8). Then send the unprocessed return to SP or your local statute, as applicable.
    (2) Current account ASED is within 90 days or has expired and the valid return ASED will be greater than 180 days.

    Caution:

    Ensure the correct received date is being used prior to updating the ASED. Research CC TRDBV for a previously Voided/Deleted or Identity Theft return that matches the "valid return" , and/or CC TXMOD/IMFOL for a TC 610 payment.

    Note:

    Interest penalty date in TRDBV, access code IA, is equal to the received date of the return.

    • Input a TC 560 on the account to update the ASED to 3 years from the received date of the valid return.

      Caution:

      To prevent an unpostable (UPC 178-2), see IRM 3.12.179.75.3, UPC 178 Reason Code 2 Assessment Expiration Date (ASED).

    • Input TC 971 AC 522 following IRM 25.23.2.4.4, Initial Allegation or Suspicion of Tax-Related Identity Theft - IMF Identity Theft Indicators, as applicable.

    • Open a MISC control base to your IDRS number using Category Code "MISC," activity "PNASEDDATE" (DATE = purge date), status "B" and current date.

    • Hold the return until the ASED has posted (2-3 weeks).

    • Once the ASED has posted, complete "valid return" edits, as applicable, "MISC" update the activity to "SNT2PROCES" and close the MISC base.

    • Send the return to designated SP area for processing.

    Note:

    Per IRM 3.11.3.72.2, Statutory Protection Cases. A statute clearance stamp is not required when SPC “B” is present.
    (3) Valid return ASED will be within 180 days of expiration.

    Note:

    180-day time frame allows for the ASED and TC 976 to post.

    		 Set aside to create a CII case. Take the following actions, once the case has been created.

    • If the ASED is within 90 days, prepare and submit Form 2859, for a quick assessment following IRM 25.23.2.5, Statute Protection, as applicable.

    • If the ASED is within 91-180 days, continue remaining actions.

    • Input a TC 560 on the account to update the ASED to 3 years from the received date of the "valid return" and suspend until posted.

      Caution:

      To prevent an unpostable (UPC 178-2), see IRM 3.12.179.75.3, UPC 178 Reason Code 2 Assessment Expiration Date (ASED).

    • Complete "valid return" edits, per paragraph (7).

    • Input TC 971 AC 522, per paragraph (9).

    • Send the return to designated SP area for processing.

    • Once the TC 976 has posted, refer to IRM 25.23.4, IDTVA Paper Process, for guidance on adjusting the account.

  10. Input TC 971 AC 522 following IRM 25.23.2.4.4, Initial Allegation or Suspicion of Tax-Related Identity Theft - IMF Identity Theft Indicators, as applicable. This includes other years of unresolved IDT that may be found during the screening process, or have been identified by the taxpayer (via Form 14039 or similar statement).

  11. When a quick determination cannot be made whether the unprocessed return and/or the TC 150 is "valid and/or invalid" , additional research is needed. Proceed with the following:

    • Set the return aside until all paper inventory screening has been completed.

    • Once a determination has been made, send the unprocessed return to SP, ICT, Statute, or

    • Create a CII case to yourself with the appropriate category and program code, per Exhibit 25.23.4-9, IDTVA-A Identity Theft (IDT) Work Types Listing and Exhibit 25.23.4-12, Tax-Related Identity Theft (IDT) Codes.

    • Work the case using applicable procedures in IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview.

25.23.4.6.5.2.2 (10-21-2019)
Unprocessed Returns - 40 Day Suspense Time Frame Expired

  1. If an unprocessed return is sent to SP and the TC 976 has not posted after the forty (40) day suspense time frame has expired, use the following table to determine how to continue processing the case.

    Caution:

    The instructions in this table are only for the handling of a taxpayer’s return as submitted. You must still review the account to determine if the submitted return resolves any outstanding Compliance issues.

    If Then
    (1) TXMOD Reflects a rejected (RJ) TC 150 with an ERS status code, ERS has corresponded with the taxpayer to obtain required information/documentation. Monitor the account until the rejected TC 150 has converted into a TC 976.
    (2) The ASED for the new valid return was not updated, as required, Update the ASED to the correct date based on the earliest IRS Received Date. After the new ASED has posted resubmit the valid return to SP.
    (3) Unpostable Code 126-0, See IRM 25.23.4.10.8, Identity Theft (IDT) Cases/Transcripts with RIVO and/or TPP Involvement Resolution Tables, for additional instructions.
    (4). The TC 976 unposted (other than UPC 126-0,

    • Suspend the case for an additional 40 days to allow the Unpostables unit time to resolve the unpostable.

    • If the additional 40-day suspense time frame elapses and the TC 976 still has not posted, take the necessary actions, to correct the account using the applicable procedures, outlined in IRM 25.23.4, IDTVA Paper Process.
    (5) There is no indication that a TC 976 will be input (such as a pending transaction, an unpostable, etc.),

    • Re-send the return to SP and suspend the case for additional 40 days. If the additional 40-day suspense time frame elapses and the TC 976 still has not posted, take the necessary actions to correct the account using the applicable procedures outlined in IRM 25.23.4, IDTVA Paper Process.

25.23.4.6.5.3 (11-23-2021)
Missing Information

  1. If you have made a Common Number (CN) ownership determination and the valid taxpayer’s return is missing information (e.g., signatures, schedules, forms) needed to adjust the account to the return figures, determine if correspondence was previously sent for missing information through account research (e.g., CII notes, AMS history, etc.).

  2. If correspondence was not previously sent to request the missing information, send a Letter 5064C to the taxpayer. Include requested forms and schedules as enclosures for the letter you issue. Suspend the case for 40 days.

    Note:

    If the return is missing the necessary taxpayer signature(s), include paragraph "Z" .

  3. Use the table below to determine what action to take. If the taxpayer provides the missing information., see If/And/Then Scenario (1). If a previous request was issued or you sent a Letter 5064C to request missing information, and the taxpayer has not provided it, provided incorrect information, or the 40 day suspense time frame has passed, see If/And/Then Scenario (2)-(4).

    Caution:

    The instructions in this table are only for the handling of a taxpayer’s return as submitted. You must still review the account determine if the submitted return resolves any outstanding Compliance issues.

    If And Then
    (1) The taxpayer provides missing information,  

    • Resolve the account based on the determination made using the applicable procedures outlined in IRM 25.23.4, IDTVA Paper Process, and the appropriate functional IRM for Compliance IDT cases.
    (2) The taxpayer does not provide appropriate missing information and/or the 40-day suspense time frame has expired, The submitted incomplete return contains a tax increase or credit decrease,

    • Follow the instructions in IRM 21.5.3.4.1, Tax Increase or Credit Decrease Processing.

    • Input a TC 560 to update the ASED to 3 years from the IRS Received Date of the taxpayer’s original return.
    (3) The taxpayer does not provide appropriate missing information and/or the 40 day suspense time frame has expired, The submitted incomplete return contains a tax increase and credit increase,

    • Follow the instructions in IRM 21.5.3.4.1.1, Tax Increase and Credit Increase Processing.

    • Input a TC 560 to update the ASED to 3 years from the IRS Received Date of the taxpayer’s original return.
    (4) The taxpayer does not provide the appropriate information, and/or the 40 day suspense time frame has expired, There is a tax decrease or a credit increase,

    • Compute the adjustment for the income, and input any applicable tax increase. Do not allow unsupported deductions/credits shown on the return. Follow math error procedures as outlined IRM 21.5.4.4, Math Error Procedures Research.

    Note:

    See IRM 21.5.3.4.3, Tax Decrease and Statute Consideration, for tax decrease or credit increases on statute year claims.

    • Input a TC 560 to update the ASED to 3 years from the IRS Received Date on the taxpayer’s original return.

    • Correspond with the taxpayer to explain the difference in the adjustment.

    Note:

    Input a TC 560 with DLN-CD of 70 or 99 to prevent Unpostable Code 178-2. Use DLN-CD 70 when correcting the ASED to a later date than the posted ASED. Use DLN-CD 99 when correcting the ASED to an earlier date than the posted ASED.

    Caution:

    If the valid taxpayer has filed two returns, and the second return is intended to be superseding, the ASED will be calculated using the received date of the first return. The account will be adjusted to the correct figures on the second return, as allowable.

25.23.4.6.6 (02-04-2020)

Credit Transcripts - IDT6/IDS6

  1. Credit Transcripts generate under the following circumstances:

    • A credit remains on the module after the RSED has expired.

    • A credit is held due to RIVO involvement.

  2. Credit transcripts are referred to IDTVA as IDT6/IDS6 cases. These cases may include a TC 976 return that has not been addressed (-A Freeze).

  3. IDTVA screeners determine if the referral is appropriate. Any referral that was received in error will be returned to the originating employee/function.

25.23.4.6.6.1 (10-01-2022)
Credit Transcripts - IDT6/IDS6 (IDTVA Screeners Only)

  1. Use the following table to identify the type of transcript received:

    Transcript Type Identifying Factors
    (1) Unresolved Credit (IDTVA-A)

    • The case was closed on IDRS with Category Code IDT1, IDS1, IDT3, IDS3, IDT4, IDT5, IDT6, IDS6, IDT8, or IDS8, but all actions were not taken to fully resolve the account.

    • IDTX is now used by IDTVA when a Form 15227, Application for an IP PIN, is received and is also used by other functions. IDT cases previously resolved under the Category Code IDTX will be received when all actions were not taken to fully resolve the account.

      Note:

      If you cannot identify the original Category Code with which the case was closed, review CC IMFOLA to locate the identity theft adjustment. The first 5 digits of the employee’s IDRS number can be used to determine if the referral was appropriate. Use the IDRS - Unit and USR Database found on SERP Who/Where to determine if the adjustment was input by an IDTVA employee.
    (2) Unresolved Credit (Specialty Functions)

    • The case was closed on IDRS with Category Code IDI1, IDI2, IDI3, IDI4, IDI5, IDI6, IDI9, or IDII, but all actions were not taken to fully resolve the account.

      Note:

      If you cannot identify the original Category Code with which the case was closed, review CC IMFOLA to locate the identity theft adjustment. The first 5 digits of the employee’s IDRS number can be used to determine if the referral was appropriate. Use the IDRS - Unit and USR Database found on SERP Who/Where to determine if the adjustment was input by an IDTVA employee.
    (3) RIVO Involvement

    • AM01 (-R Freeze)

    • AM17 (P- Freeze)

    • TC 971 with AC 052, AC 121, AC 122, AC 123, AC 124, AC 129, AC 134, AC 140, AC 199, AC 617

    • A Computer Condition Code (CCC) "1"

    • A CCC "3" and another RIVO marker

    • A CC NOREF history with an IDRS control base (open or closed) containing an IDRS assignment number 148XXXXXXX

    • TC 971 AC 128 with MISC field "AQCPTC191" or "AQCPTC195"

    • Unreversed Taxpayer Protection Program (TPP) indicators; refer to IRM 25.25.6.1.7, Taxpayer Protection Program Overview, for a list of indicators

    • Letter 4464C and/or CP 05 notice

    • Letter 4415C, TC 971 with AC 044 MISC>CP05A, or Examination correspondence

      Caution:

      The presence of TC 971 AC 199 does not automatically indicate RIVO involvement. See IRM 25.25.5-2, Transaction Code (TC) 971 Action Code (AC) 199 Miscellaneous (MISC) Field Literals for RIVO, for additional information.

  2. Only certain transcripts with RIVO involvement should be received in IDTVA. Refer to the table below for descriptions of Credit Transcripts with RIVO involvement IDTVA will resolve:

    If the Account Reflects And
    (1)

    • No open RIVO IDRS control, or an IDRS control was opened by AMRH, with subsequent adjustment action to reverse the return information by RIVO, Memphis QRP, Brookhaven Pre-Refund Team, or Exam, and

    • An unresolved credit remains on the module from a TC 610 or TC 670 payment, and the taxpayer’s valid return is not on MFT 32 or TRDBV does not show GUF Void/Deleted, and

    • A Letter 112C requesting a return was sent.

    • The taxpayer submits a return in response to the Letter 112C.
    (2)

    • There is an open IDRS control to RIVO 148NNNNNNN or 065NNNNNNN, or

    • There is an open IDRS control to Return Integrity & Compliance Services (RICS), Earned Income Tax Credit (EITC), Refund Tax Compliance (RTC), or Questionable Refund Program (QRPA) 1381NNNNNN.

    • An unresolved credit remains on the module with no subsequent adjustment action or activity by RIVO, Memphis QRP, Brookhaven Pre-Refund Team, or Exam, and

    • There is a freeze condition that involves a -A Freeze, or there is an IDT issue that was not fully resolved.
    (3)

    • There is no open RIVO IDRS control and the freeze is due to an External/Bank Lead issue, identified by TC 720.

      Note:

      The TC 720 amount may be less than the TC 846 if bank fees were deducted.

    • An unresolved credit remains on the module, and

    • There is a freeze condition that involves a -A Freeze, or there is an IDT issue that was not fully resolved.
    (4)

    • There is no open RIVO IDRS control and the module contains a TC 971 with AC 134, AC 199, or AC 617.

      Exception:

      TC 971 with AC 199 with MISC>DPC is not RIVO related.

      Exception:

      If the module contains an unreversed TC 971 with AC 124, see (6) below in this table.

    • An unresolved credit remains on the module with no subsequent adjustment action or activity by RIVO, Memphis QRP, Brookhaven Pre-Refund Team, or Exam, and

    • There is a freeze condition that involves a -A Freeze, or there is an IDT issue that was not fully resolved.
    (5)

    • There is no open RIVO IDRS control with no subsequent adjustment action or activity by RIVO, Memphis QRP, Brookhaven Pre-Refund Team, or Exam,

    • An unresolved credit remains on the module and CC ENMOD shows TC 971 with AC 506 with any MISC field that contains the literal RICS, RIVO, AMTAP, or PRP, and

    • There is a freeze condition that involves a -A Freeze.
    (6)

    • There is no open RIVO IDRS control and the module contains TC 971 AC 121 or AC 124.

    • An unresolved credit remains on the module, and

    • There is a freeze condition that involves a -A Freeze.
    (7)

    • There is no open RIVO IDRS control, the module contains TC 972 AC 121, and AMS does not show that the taxpayer authenticated.

    • An unresolved credit remains on the module, and

    • The freeze condition does not involve a -A Freeze.
    (8)

    • There is no open RIVO IDRS control and the module contains TC 971 AC 123 or AC 129.

    • An unresolved credit remains on the module.
    (9)

    • There is no open RIVO IDRS control and Memphis QRP, or Brookhaven Pre-Refund has made an adjustment, or

    • The module is in zero or debit balance.

    • There is a freeze condition that involves a -A Freeze, or there is an IDT issue that was not fully resolved.
    (10) There is no open RIVO IDRS control and the module contains TC 971 AC 152,

    • An unresolved credit remains on the module, the freeze condition does not involve a -A Freeze, and the return includes income/withholding that is not verifiable per IRPTR data.

      Note:

      Returns with only self-employment income and returns with minimal discrepancies in income and/or withholding should not be referred.

  3. Refer to the table below for Credit Transcript assignment procedures:

    If Then
    (1) The Credit Transcript referral does not meet IDTVA criteria,

    • Return to the originating employee/function. Include the specific reason IDTVA criteria is not met.
    (2) The Credit Transcript referral is the result of an unresolved credit due to an IDT issue that was not fully resolved.

    • Assign the case to the employee who worked the original case. Include a CII case note that indicates the case is being assigned due to an unresolved credit.

    • If the employee who worked the case is no longer in IDTVA, assign the case to the IDTVA employee assigned to work a case for the same taxpayer, when possible.

    • Assign the case to the general holding number when the employee who worked the original case is no longer in IDTVA and there is no other existing case.

      Note:

      When assigning the case to an IDTVA Specialty Function, the Category Code will remain IDT6/IDS6. Update the CII case Priority Code to 2.
    (3) The Credit Transcript referral with RIVO involvement meets IDTVA criteria.

    • If there is an open case for the same taxpayer, assign the Credit Transcript to the IDTVA employee assigned to work that case.

      Note:

      When assigning the case to an IDTVA Specialty Function, the Category code will remain IDT6/IDS6. Update the CII case Priority Code to 2.

    • Assign the case to the general holding number if there is no other existing case.

25.23.4.6.6.2 (03-09-2021)
Credit Transcripts Resolution

  1. Refer to Exhibit 25.23.4-8, Order of Priority Listing - IDTVA-A and IDTVA Specialty Functions, for prioritization of IDT6/IDS6 cases. When resolving IDT6/IDS6 cases, do not update the category code based on the original case category code (for unresolved credits) or to IDT8/IDS8 (for RIVO involvement).

  2. Prior to taking action to resolve a credit transcript, ensure IDTVA criteria is met. If the case does not meet IDTVA criteria, return the transcript to the originating employee/function. Refer to IRM 25.23.4.6.6.1, Credit Transcripts - IDT6/IDS6 (IDTVA Screeners Only), for additional information.

  3. For Statute Year Credit Transcripts that do not have a -A Freeze on the module:

    1. Follow normal procedures to resolve an IDT issue, if necessary.

    2. Determine if the credit(s) are available for refund or offset. Refer to IRM 25.6.1.5, Basic Guide for Processing Cases with Statute of Limitations Issues, and IRM 25.6.1.10.2.7.2, Limitations on the Amount of a Claim.

    3. Apply credits available for refund or offset to outstanding liabilities, if applicable.

    4. Manually refund any allowable amount remaining. Refer to IRM 21.4.4.3(3), Why Would a Manual Refund Be Needed?, and IRM 21.4.4.5, Preparation of Manual Refund Forms, for additional information.

    5. Move any credits not available for refund or offset to the Excess Collection File. See IRM 25.6.1.7.3, Excess Collection File (XSF) and Unidentified Remittance File (URF).

  4. For transcripts received that do not include a -A Freeze on the module and are not for a statute year, research the account to determine if there are any indications of IDT.

    If Then
    (1) You determine the account is impacted by IDT,

    • Work the case following normal procedures.
    (2) You determine the account is not impacted by IDT,

    • Follow normal freeze code procedures. Refer to IRM 21.5.6.4, Freeze Code Procedures.

  5. For Credit Transcripts with a -A Freeze on the module, determine if the -A Freeze is the result of an unresolved IDT issue or if an additional return was received after the IDT case was closed.

    If Then
    (1) The -A Freeze is the result of an unresolved IDT issue,

    • Work the case following normal procedures.
    (2) The module reflects a credit that was not addressed during the resolution of an IDT case, a -A Freeze from an additional return received after the IDT case was closed is present, and there is another CII case for that return.

    • Link the cases, and contact the other control to determine ownership of the case.

    • If the additional return is an IDT return or the IDTVA employee is trained to work the other program (i.e., DUPF, XRET), the IDTVA employee will take ownership of both cases.

    • If the additional return is not an IDT return and the IDTVA employee is not trained to work the other program, the IDTVA employee will resolve the credit, close the IDT6/IDS6 case, and advise the other control of the actions taken.
    (3) The -A Freeze is the result of an additional return received after the IDT case was closed, and there is not another CII case for that return,

    • Determine if the additional return is an IDT return.

    • If the additional return is an IDT return, follow normal procedures to resolve the case.

    • If the additional return is not an IDT return, resolve the credit using the procedures outlined in (2) above. Do not address the additional return.
    (4) If there is a -A Freeze on a module with RIVO involvement,

    • Follow normal procedures to resolve. See IRM 25.23.4.8.1.1, Identity Theft with RIVO Involvement, for additional information.

25.23.4.6.7 (02-04-2022)

Fraud Procedures

  1. This section provides details for processing IMF fraudulent claims that do not have an existing treatment stream.

  2. A process has been created that enables potential tax fraud or non-compliance leads to be disseminated and subsequently acted upon. The process does not replace any existing referral methods.

  3. Generally, cases meeting fraud referral criteria possess any of the following characteristics:

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

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

      Example:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

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

      Example:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. When you discover a potential fraud case, complete a Form 4442 and provide the case to your lead or manager for review and approval. Document all research completed in a CII case note and/or on Form 4442. Attach the Form 4442 to your CII case. Maintain an open control base and suspend the case while waiting for a response. Update the IDRS activity to "REF2ITVA" after suspending the case to the manager or lead.

  5. The lead or manager will review the case to ensure fraud referral criteria is met as shown in paragraph (3) above.

    • If the lead or manager determines criteria is not met, the case will be returned to the employee with a message advising why the case does not meet fraud referral criteria.

    • If criteria is met, the lead or manager will refer the case information to the Fraud Coordinator via email using the subject line: Fraud Referral (or similar).

      Caution:

      The case will remain in suspense in the employee’s inventory awaiting a response from ITVA HQ. Upon receipt, the account will be researched. A response on how to address the account will be received within 7 business days. Do not take action on the case until appropriate guidance has been provided.

  6. The HQ analyst will review the case to ensure fraud referral criteria is met.

    • If not met, the HQ analyst will send an email to the lead/manager advising why the criteria was not met.

    • If met, the HQ analyst will provide specific instructions to resolve the IDT issue on Form 4442 and will respond to the referring lead or manager. The HQ analyst will also address the suspected fraud.

25.23.4.7 (05-12-2020)

Non-Streamline Identity Theft (IDT) Case Processing

  1. Non-streamline case processing applies when IDT has been determined and the IDT return cannot be nullified. Any lost refunds on the IDT return should be moved to the IRSN where the related IDT return will reside.

    Reminder:

    For all non-streamline case processing, the TIN-Related Problem Research Sheet is required. See paragraph (8) of IRM 25.23.4.6.2, IDTVA - Additional Research and Required Actions, for additional information.

    Reminder:

    Each return/case must be considered separately for each tax year. If one or more returns cannot be nullified, the case will be worked as a non-streamline case. If one or more of the IDT returns can be nullified, they should be worked as a streamline IDT case following guidance in IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing.

    Reminder:

    When the only income reported on an invalid return was earned by the valid taxpayer, nullify the return.

  2. Every effort will be made to determine CN ownership based on the information provided and directly available prior to contacting the taxpayer(s).

    Caution:

    The "Social Security Administration Social Security Number Verification" printout is NOT acceptable proof of ownership of the CN. CN ownership determinations previously made due to receipt of the printout are not affected by this change. If a printout is or has been received for an unresolved case, the printout will be retained with the case but it will not determine ownership.

  3. See IRM 25.25.2.11, Identity Theft Scheme Criteria, for the characteristics of common IDT schemes.

  4. If NUMIDENT or, for ITIN cases, EUP/ITIN RTS, clearly shows the owner of the SSN or ITIN, proceed to guidance in IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, to determine the appropriate scenario to resolve the case.

25.23.4.8 (03-16-2023)

Identity Theft (IDT) Common Number (CN) Ownership and Case Processing Determinations

  1. Thorough account research must be completed following procedures in IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, prior to taking any actions to resolve the identity theft case.

  2. Careful consideration of all available information is necessary to ensure the correct taxpayer is identified as the CN owner and the correct case processing procedures are followed.

    Reminder:

    Statute year returns require additional research prior to taking action on an account. Review IRM 25.23.4.9, Statute Processing Considerations, to ensure all applicable statutes are protected.

  3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. CN ownership/IDT determinations must be documented in a CII case note prior to taking action to resolve the account.

  5. When lead/manager concurrence or approval is required, the concurrence or approval must be documented by the lead/manager prior to taking action to resolve the account.

  6. The following subsections are intended to be considered in the order in which they are listed:

    • IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing

    • IRM 25.23.4.8.2, Non-Streamline Identity Theft (IDT) Determinations

    • IRM 25.23.4.8.3 , Dependent Related Identity Theft (IDT) - General

    • IRM 25.23.4.8.4 , Identity Theft with Non-Filer Returns

  7. Refer to IRM 25.23.13, Income Related Identity Theft, for determinations and case processing guidelines related to questionable income.

  8. Before making a No IDT determination, consider the taxpayer’s statement. If the statement:

    Includes Then
    (1) Loss of personally identifying information (i.e., driver’s license or Social Security Card), fraudulent activity on their credit report, etc., they are a victim of non-tax-related identity theft.

    1. Resolve the case as an IDT4 following procedures in IRM 25.23.3.2.3, Self-Identified - Non-Tax-Related Identity Theft - IDT4. In these cases, a manual letter must be sent to address the taxpayer’s concerns. Use Letter 4674C:

      • Include the following suggested wording (or similar): "We reviewed your correspondence dated MM/DD/YYYY and found no indication that identity theft affected your tax account for the tax periods above." Use the date of the taxpayer’s correspondence in place of MM/DD/YYYY.

      • Include the specific reason(s) for the determination and language regarding the taxpayer’s right to dispute the decision (i.e., providing additional information).

      • Advise the taxpayer we have placed an identity theft indicator on their account to monitor activity.

      • Inform them they may be able to obtain an IP PIN through the opt in process to protect their identity in the future.

        Caution:

        If the account reflects TC 971 AC 527, the taxpayer will not be able to use online self-help methods. Options available to the taxpayer should be provided in an open paragraph.

      • If the taxpayer has a balance due after the IDT issue is determined not to affect tax administration, include language indicating collection activities will continue.
    (2) A request for an IP PIN and the account reflects a TC 971 AC 527 on CC ENMOD/IMFOLE.

    Note:

    For more information about this indicator, see IRM 25.23.2.8.6, Disabled Online Accounts TC 971 AC 527.

    1. Resolve the case as an IDTX following procedures in IRM 25.23.3.2.8, Application for an Identity Protection Personal Identification Number (IP PIN) Overview - Form 15227.

      Exception:

      Do not update the category code for IDTVA Specialty cases.

  9. Due to the complexity of some cases, there may be instances where multiple treatment streams are required to fully resolve the account. Refer to Exhibit 25.23.4-23 , Complex Case Scenarios, for examples of cases that would require resolution with more than one treatment stream.

    Note:

    For any complex case that does not have an existing treatment stream, prepare and email Form 4442 using the subject line: Complex Case (or similar) to ITVA HQ. Document all research completed in a CII case note and/or on Form 4442. Attach Form 4442 to your CII case. Suspend the case awaiting a response from ITVA HQ. Upon receipt, the account will be researched. A response on how to address the account will be received within 7 business days.

25.23.4.8.1 (10-01-2022)

Streamline Identity Theft (IDT) Case Identification and Processing

  1. Procedures in this section are for cases where IDT has been determined and the IDT return is a nullity. Modules may reflect RIVO involvement, but returns can also be determined to be nullities utilizing IRP data, the Fraud Refund Scheme Listing, decedent taxpayer involvement, or IRPTR/IDRS data decision tree criteria. When the only income reported on an invalid return was earned by the valid taxpayer, the return can be nullified. Any lost refunds on the IDT return should be moved to general ledger (GL) 1545 account. Refer to IRM 25.25.4.7, Reversing Identity Theft Lost Refunds, for additional guidance.

  2. Each return must be considered separately for each tax year. If all IDT returns on an account can be nullified, the case should be worked as a streamline case. Any IDT returns that cannot be nullified must be worked following non-streamline procedures. See IRM 25.23.4.7, Non-Streamline Identity Theft (IDT) Case Processing.

  3. You must determine the case type based on one or more of the following:

    • IDT with RIVO Involvement

    • IDT with Decedent Taxpayer Involvement

    • IDT with IRP Data, Refund Scheme or Schedule C Involvement

    • IDT with Married Filing Joint Scheme Involvement

    • IDT with Preparer Data Breach Involvement

    • IDT with Non-Filer Returns

    Note:

    Bullets 1-6 above are listed in the order in which the streamline process criteria must be considered. In some instances, a case may have characteristics of more than one streamline process. Review the guidance for each process to determine which method will allow you to work your case effectively and efficiently.

25.23.4.8.1.1 (03-16-2023)
Identity Theft (IDT) with RIVO Involvement

  1. Return Integrity & Verification Operation (RIVO) is a pre-refund revenue protection program focused on identifying and stopping fraudulent refunds primarily generated from wage and withholding type of income. Accounts Management utilizes streamline processes to work these IDT cases. Much of this activity occurs very early in the tax year prior to normal processing time frames and involves only originally filed returns.

  2. Accounts with RIVO involvement may show any of the following: a TC 971 with Action Codes 121, 124, 129, 134, 199 (see Exhibit 25.25.5-2, Transaction Code (TC) 971 Action Code (AC) 199 Miscellaneous (MISC) Field Literals for RIVO. If the TC 971 AC 121/124 has been reversed by a TC 972 AC 121/124, the RIVO Taxpayer Protection Program (TPP) process has been completed. If the TC 971 AC 134 has been reversed with a TC 972 AC 134 and the refund from the TC 150 has been issued, then RIVO has determined it is no longer interested in the return. If there is no -A freeze and the taxpayer indicates that the TC 150 was backed out in error by RIVO, refer the case for resolution:

    • Send an e4442 to RIVO stating that the return was backed out in error as identity theft needs to be reinstated. Employees that do not have e4442 capabilities should follow guidance in paragraph (2) of IRM 21.5.6.4.35.3.1.1, -R Freeze with RIVO Involvement and the Taxpayer is Claiming Identity Theft.

    • Place the e4442 in the "RICS RIVO Complex Issue" , Not ID Theft Queue.

  3. On cases with a P- freeze and either of the following is present on the account, only RIVO can release the overpayment with these account conditions. If the account also contains a -A Freeze, work the case using normal procedures, but also refer the case to RIVO to release the freeze. Send an e4442 to RIVO requesting release of the P- Freeze. Use Referral type IRM and select category RICS IVO – CP 53X (TC 841 DLN 77711/77712/77713/77714) from drop-down.

    • TC 841 DLN Blocking Series 77711, 77712, 77713, or 77714 or

    • TC 971 AC 123 MISC>TPP RECOVERY and TC 971 AC 805 MISC>REFCANCL18

  4. Close all cases with RIVO involvement with the IDT8/IDS8 category code, unless the case meets criteria described in (5) below. Cases where RIVO determined the return to be fraudulent show one of the following:

    • The account may be completely reversed.

    • The account will be completely reversed except for a refundable credit.

    • The account won’t be reversed but TXMOD shows that a CP 05A notice was issued.

    • The account won’t be reversed but TXMOD shows a MISC field "AMWEX60033 NOCP05A" .

    • The account may show a TC 971 AC 199 with the MISC field "AMWEX60033 REFEFDS or other similar miscellaneous literals" per Exhibit 25.25.5-2, Transaction Code (TC) 971/Action Code (AC) 199 Miscellaneous (MISC) Field Literals for RIVO. For cases with other MISC literals, the CSR must verify the return is "invalid" .

      Caution:

      Schedule C cases with RIVO involvement cannot be nullified, unless it has been determined to be a case on the "Refund Scheme Listing" , or meets the criteria inIRM 25.23.4.8.1.3, Identity Theft (IDT) with IRP Data, Refund Scheme or Schedule C Involvement.

      Reminder:

      IDT6/IDS6 cases created due to the generation of a transcript for modules with RIVO involvement will not be updated to IDT8/IDS8.

  5. The account may have been reversed by RIVO, before all the IRP data was made available. CP 36N and CP 36P transcripts generate when any RIVO indicator is on CC TXMOD/ENMOD. The CP 36N generates when the module is in a credit balance and the CP 36P generates when the module is in a zero or debit balance. If there is an -A freeze and your research supports a different determination, resolve the case using the appropriate program and Category Code (e.g., DUPF, IDT1, IDT3, 1040X, etc.,) for that specific case type.

  6. Do not attempt to contact RIVO units or route cases to the following controls. Continue to follow established IRM procedures for your case type (examples: DUPF, XRET, IDT(X)/IDS(X), TPRQ, etc.).

    Open Control Explanation
    14875XXXXX Generic number for closed CI prior year Transcripts. Taxpayer Relations has forwarded the transcript to the generic number
    14876XXXXX Generic holding number used to input CC NOREF/NOREFE. RIVO is not actively working the case
    148XX Generic number, if the case is not assigned to a specific TE or under the NCAT control

  7. A return is eligible to be referred to RIVO for verification if it meets all of the following criteria:

    • The taxpayer has an SSN, not an ITIN

    • The return was filed by the SSN owner

    • The case is not a CP 36F

    • The return is a current year return

    • IRPTR is not available or does not match the income reported on the "current" year return

    • IRPTR is not "fully loaded" for the "current" tax year

    If And Then
    (1) The 2nd return does not match IRPTR, or IRPTR information is not available, and the 2nd return is eligible to be referred to RIVO, RIVO determined the 1st return to be fraudulent per paragraph (4) above
    and
    meets all the requirements in paragraph (7),    		 Perform the following actions:

    • Accept the RIVO determination that the original return is fraudulent

    • Open a control base to RIVO 1487777777, C# AMTOVERIFY, A using Category Code MXEN
    (2) Unresolved credits remain on the module with no subsequent adjustment action or activity by RIVO, Memphis QRP, Brookhaven Pre-Refund Team or Exam, Freeze condition involves an -A freeze, Do not open a new control base.
    Close all previous erroneous open control bases for 1487500000, 1487599998, 0650199999, and 0654599998.
    Also update the activity to" CLSTOIDTVA" This way RIVO will know IDTVA is resolving the case.

  8. Proceed to IRM 25.23.4.10.8, Identity Theft (IDT) Cases/Transcripts with RIVO and/or TPP Involvement - Resolution Tables, for additional processing guidance.

25.23.4.8.1.2 (10-01-2023)
Identity Theft (IDT) with Decedent Taxpayer Involvement

  1. Cases with deceased indicators can be identified on CC INOLET or IMFOLE with the actual date of death (DOD) displayed on IDRS. Fraudulent activity on a deceased taxpayers’ account usually occurs very early in the tax year, prior to normal processing time frames, and involves only originally filed returns.

  2. Decedent cases usually require the filing of a Form 1310, Statement of Person Claiming Refund Due a Deceased Taxpayer. Check for evidence that is required when processing a deceased taxpayer’s return. See IRM 21.6.6.2.20.2, Processing Decedent Account Refunds, for additional information.

  3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. Use category code IDT8/IDS8, see Exhibit 25.23.4-9, IDTVA-A Identity Theft (IDT) Work Types Listing.

  5. Proceed to IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, for additional processing guidance.

25.23.4.8.1.3 (12-06-2021)
Identity Theft (IDT) with IRP Data, Refund Scheme or Schedule C Involvement

  1. When conducting research on cases, you should determine the type of case you are working, such as invalid/valid, valid/invalid, or invalid/invalid, etc. Before proceeding with case processing, complete and thorough research must be conducted. To aid you in resolving the case, you will use various IRM guidance throughout this section and other IRM sections, in addition to resources listed below.

    • IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview

    • IRP Data - Research CC IRPTR/TRDBV to review case for W-2’s, 1099’s etc.

    • Refund Scheme Listing - This listing is updated periodically and must be reviewed to determine if new schemes have been added

    • IRPTR/IDRS Data Decision Tree - The decision tree in Exhibit 25.23.4-1 was created to assist employees in reviewing cases with specific characteristics of fraud

    • IRM 25.23.4, IDTVA Paper Process - For IRSN processing, an IRSN should be created as a last resort when employees are not able to make a CN determination on one or both returns

    • IRM 25.23.2.6.6.3, Identity Theft Claims Submitted by Individuals Who Do Not Appear to be the Victims

    Caution:

    Because an external business data breach return can be identical or similar, also refer to IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, for additional items to review to prevent the mishandling of an actual IDT case.

  2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

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

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

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

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

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

      Note:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  3. For returns with Schedule C income, complete research must be performed. A determination must be made whether the original return can be nullified or if it must be moved to an IRSN. This is regardless of whether the refund was lost, offset or falls under the no lost refund process.

  4. To treat a return with Schedule C income as a nullity, there must be a high probability that the Schedule C return was not filed by the TIN owner.

  5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

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

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

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

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

      • ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

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

    Example:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    8. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    9. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    10. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Example:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  8. In situations where it cannot be easily determined whether a return with Schedule C income should be treated as a nullity, move the return to an IRSN. Also refer to IRM 25.23.4.7, Non-Streamline Identity Theft (IDT) Case Processing.

  9. If the refund is "not lost" or only partially lost, the lead or manager must review the case and concur with the nullity determination to ensure the return is not nullified in error. Accurate and complete research must be performed, in order to avoid a potential missed assessment. CSR/TE should include a case message of Schedule C determination and suspend to the work leader/manager for approval. Prior to requesting approval, CSR/TE must input a case note with their determination. If a work leader/manager concurs with the findings and the return(s) are nullified, a CII case note will be placed on CII indicating "Manager or Lead concurs with determination" , or similar remarks.

  10. In situations where a Schedule C return with a "no lost refund" was treated as a nullity and the taxpayer submits another claim or makes an inquiry about the refund, refer the case to ITVA HQ via secure email. Prepare and email Form 4442 using the subject line: “Schedule C nullity – refund inquiry” to ITVA HQ or similar remarks. Document all research completed in a CII case note and/or on Form 4442. Attach Form 4442 to your CII case. Suspend the case awaiting a response from ITVA HQ. Upon receipt, the account will be researched. A response on how to address the account will be received within 7 business days.

  11. Proceed to IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, for additional processing guidance.

25.23.4.8.1.4 (12-20-2022)
Identity Theft (IDT) with Married Filing Joint Scheme Involvement

  1. In the MFJ Scheme, the IDT return has a married filing joint filing status. The thief takes two victims who are not married to one another and files a joint return or files a joint return for a couple who are married to one another. Since there is more than one IDT victim, additional research and actions are necessary.

    Note:

    The thief sometimes lists the same victim as a primary taxpayer on one return and a secondary taxpayer with a different spouse on another return. This can create a chain of SSNs that need to be researched. However, it does not have to be a multiple chain of SSNs used on a return to be considered a Married Filing Joint scheme. It can be one return with two unrelated victims.

  2. Research the primary and secondary TINs on the assigned case to determine if the TINs have been used on any type of return (valid or invalid), or any type of correspondence (e.g., Form 14039) indicating IDT.

    Example:

    The primary TIN may have been used as a secondary TIN on another IDT return.

    Example:

    The secondary TIN may have been used more than once.

    Example:

    John (primary) and Mary (secondary) file a joint return. Mary has another joint return under her TIN listed (as a primary) and Nancy (as a secondary). This return with Mary and Nancy meets Married Filing Joint Scheme Criteria. You must also research Nancy’s SSN to see if she was listed as a primary or secondary taxpayer on another return.

    Example:

    Mary (primary) and Lucy (secondary) are filed on the return that meets Married Filing Joint scheme criteria. Lucy has not filed yet so a TC 594 CC 084 is under her TIN but nothing else.

    Example:

    Ex girlfriend/boyfriend (not married/living together) files without TP's knowledge/consent.

    Example:

    Mary (primary) and Lucy (secondary) are filed on the return that meets Married Filing Joint scheme criteria. Lucy has filed as a secondary on a return with Matt (as a primary). Lucy has two TC 594 CC 084 transactions under her TIN and nothing else.


    This list of examples is not inclusive of all the Married Filing Joint schemes that you may encounter.

  3. During the course of research, if a TIN was used on any return that meets the Married Filing Joint Refund Scheme Criteria, as found on the Refund Scheme Listing, you must address the affected TINs following the procedures in the If/Then chart below.

    If Then
    (1) The primary on the assigned case is a secondary on an invalid return OR
    the secondary is a primary on an invalid return.

    • Create a new case on the XREF TIN using the received date of the assigned case, if a case does not already exist.

    • Assign the new or existing case to yourself.

    • Link the new or existing case to your assigned case, if not already linked.

    • Update the Category Code as needed.

    • Address the IDT impacted modules for both TINs utilizing the applicable streamline procedures. See IRM 25.23.4.10, Resolving Identity theft Cases for specific instructions.
    (2) The primary on the assigned case is a secondary on a valid return AND the account under the XREF SSN does not reflect an indication of further IDT (e.g., 971-151, 594-084) OR
    The secondary is a primary on a valid return AND the account under the XREF SSN does not reflect an indication of further IDT.    		 Proceed to IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, to correct the account.
    (3) The primary on the assigned case is a secondary on a valid return AND the account under the XREF SSN does reflect an indication of further IDT (e.g., 971-151, 594-084) OR
    The secondary is a primary on a valid return AND the account under the XREF SSN does reflect an indication of further IDT.

    • Create a new case on the XREF TIN using the received date of the assigned case if a case does not already exist.

    • Assign the new or existing case to yourself

    • Link the new or existing case to your assigned case, if not already linked.

    • Update the Category Code as needed.

    • Address the IDT impacted modules for both TINs utilizing the applicable streamline procedures. See IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, for specific instructions.

    • Resolve the new or existing case on the XREF TIN utilizing the applicable procedures in IRM 25.23.4, IDTVA Paper Process.
    (4) The secondary has not filed or informed the IRS of IDT (e.g., Form 14039) and there is NO indication of further IDT. Proceed to IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, to correct the account.
    (5) The secondary has not filed or informed the IRS of IDT (e.g., Form 14039) and there is indication of further IDT.

    • Create a new case on the XREF TIN using the received date of the assigned case if a case does not already exist.

    • Assign the new or existing case to yourself

    • Link the new or existing case to your assigned case, if not already linked.

    • Update the Category Code as needed.

    • Address the IDT impacted modules for both TINs utilizing the applicable streamline procedures. See IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, for specific instructions.
    (6) The secondary TIN is used on another return as a secondary taxpayer on a valid return and there is NO indication on the XREF TIN of further IDT. Proceed to IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, to correct the account.
    (7) The secondary TIN is used on another return as a secondary taxpayer on a valid return and there is indication on the XREF TIN of further IDT.

    • Create a new case for the further IDT Issue on the XREF TIN.

    • Assign the new or existing case to yourself

    • Link the new or existing case to your assigned case, if not already linked.

    • Address the IDT impacted modules for both TINs utilizing the applicable streamline procedures. See IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, for specific instructions.

    • Resolve the new or existing case on the XREF TIN utilizing the applicable procedures in IRM 25.23.4, IDTVA Paper Process.

    Reminder:

    TC 592 must be input to reverse TC 594 CC 084 cross referencing the unrelated secondary taxpayer. The TC 592 will reverse all TCs 59X on the module. Input of a TC 594 CC 084 cannot be post delayed. If the valid taxpayer is the secondary on a valid MFJ return, monitor the account for one week. After one week, input TC 594 CC 084 to cross reference the correct spouse.

  4. When a MFJ tax return does not meet MFJ Scheme criteria, you must determine if the case is an Invalid Joint Election (IJE). Taxpayers must know each other for an IJE determination to be made. Refer to IRM 25.23.4.8.1.4.1, Invalid Joint Election Consideration, and the example below for additional information.

    Example:

    The Form 14039 states the taxpayer’s boyfriend filed a MFJ return without their knowledge or permission. They have never been married, and the reporting taxpayer could not file their return electronically. Invalid Joint Election (IJE) must be considered in this case.

25.23.4.8.1.4.1 (10-01-2023)
Invalid Joint Election Consideration

  1. There are three situations where a joint return is invalid:

    1. Unlawful - The taxpayers had no legal right to file jointly.

    2. Forgery - One spouse did not sign the return.

    3. Invalid election - One of the individuals on the joint return did not elect to file a joint return.

      Note:

      Tacit consent is a factor to consider for invalid elections and forgery allegations.

  2. Do not confuse MFJ Schemes with invalid joint elections.

  3. If an invalid joint election (IJE) is determined, the IDT claim would be invalid. See IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations, for additional instructions.

  4. Filing a joint return is an election. A joint return must be signed under penalty of perjury by both taxpayers to be a valid election for joint filing status.

    Note:

    Substitute for Return (SFR) and Automated Substitute for Return (ASFR) filed by the Service are never a joint return; however, a joint return can be filed after the assessment (associated with the SFR or ASFR) has posted.

  5. Many returns will not have signatures since returns are now filed electronically. Tacit consent must be considered in determining the validity of the joint filing status shown on the return. See IRM 25.15.19.2.4.1, Tacit Consent Factors, for additional information.

  6. A joint return may contain an invalid joint filing status election if:

    1. An original or amended joint return was filed and processed with only one signature on a paper filed return.

    2. The return was signed; however, it is established that the signature was forged and there is no tacit consent.

    3. The return was signed under duress.

    4. One of the individuals filed a timely original return using Single, Married Filing Separate (MFS), or Head of Household (HOH) and the joint return is not a valid amended return.

      Reminder:

      Complete IDRS research on both taxpayers’ TINs.

  7. To determine if the taxpayers resided in a state that recognizes common law marriage, see IRM 5.19.11.7.1.2.2, Common Law Marriage.

  8. The marriage may not be legal for Federal tax purposes (even if the claim is received after the due date) and the claim allowed if the following verification is present:

    1. Court documents showing the marriage was not valid for the tax period involved: Copy of divorce decree or separate maintenance,

    2. Documents verifying that the taxpayers did not live together during the last six months of the tax year, such as a lease agreement, utility bills, etc., or

    3. An affidavit, signed and sworn under penalty of perjury, stating the marriage does not exist.

  9. Follow IRM 21.6.1.5.7, Married Filing Joint or Married Filing Separate is Invalid or Filed with Incorrect Status. An allocation of all return income, credits, and payments is required. If the taxpayer does not provide an allocation, use internal research resources to complete the allocation. Refer to IRM 21.6.1.5.8, Allocating Married Filing Joint Cases, for additional information. Refer to IRM 25.23.4.20, Economic Impact Payment (EIP) and Recovery Rebate Credit (RRC) - General, IRM 25.23.4.21, American Rescue Plan Act (ARPA) - General, and their subsections to determine if the IJE return affected issuance of Economic Impact Payments, advance payments of ACTC, or application of any other tax provision intended to provide taxpayers with relief during the COVID-19 pandemic.

  10. If the taxpayers involved are considered legally married, determine if a case meets the invalid joint election criteria by considering all available information. Tacit consent factors will be considered and are found in IRM 25.15.19.2.4.1, Tacit Consent Factors.

  11. If tacit consent does not apply and the taxpayer has submitted no further documentation supporting their invalid joint election claim, close the case as a no consideration for both identity theft and the IJE claim.

  12. Follow the instructions in IRM 21.6.1.5.7, Married Filing Joint or Married Filing Separately is Invalid or Filed with Incorrect Status. Do not remove any Compliance assessments or income associated with the taxpayer being removed from the joint return. If TC 470 CC 90 was input, TC 472 must also be input when the taxpayer will have a balance owed.

  13. Determine if the taxpayer claiming the fraud has a filing requirement. See IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, for more information. If the taxpayer has not filed or submitted a valid return with their claim, take the following action:

    • Issue a Letter 5064C advising the taxpayer to submit a completed return including the required signatures or a statement indicating they did not have a filing requirement with a copy of our letter. Suspend the case for 40 days to allow the taxpayer time to respond.

      Exception:

      Do not request a new return if the return is six years or more overdue.

  14. If the taxpayer does not respond to the request for a return or the response does not include a valid return, follow the instructions below:

    1. Prepare Form 2209, Courtesy Investigation, as instructed by IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions.

    2. Issue a Letter 4674C as a closure letter. Include paragraph (a) reminding the taxpayer of their obligation to file a federal tax return.
      IDTVA-Exam Only - If AIMS is open, close the claim as "NOIDT" and notify Exam to work the case as an invalid joint election.

25.23.4.8.1.5 (10-01-2020)
Identity Theft (IDT) with External Business/Preparer Data Breach Involvement

  1. You can identify taxpayers known to be impacted by a preparer data breach by a TC 971 AC 123 MISC "PREPARER CONTACT" with no secondary date on CC ENMOD/IMFOLE. The indicator is placed on the accounts of taxpayers whose tax return preparer has notified the Service of compromised PII due to a data breach.

    Note:

    A taxpayer may submit a Form 14039, police report, or correspondence indicating their preparer advised them of their personal information potentially being compromised due to a data breach incident. A TC 971 AC 123 MISC "PREPARER CONTACT" may or may not be present in these instances. Conduct research as described below to determine if the taxpayer is impacted by identity theft.

  2. Taxpayers are not always aware they are impacted by a data breach. Caution must be used when speaking with the taxpayer to avoid inadvertent disclosure of this account information even after verifying the taxpayer’s identity. The external business/preparer is responsible for advising the taxpayer of the incident.

  3. Identity theft returns resulting from an external business/preparer data breach may appear to be duplicate or amended returns. These fraudulent returns may include:

    • Duplicate or similar information to previously filed returns.

    • Income information that is consistent with filing history and/or matches IRPTR data.

    • The same or similar tax return preparer information.

    • Different refund/direct deposit information.

  4. If it appears the valid taxpayer received a refund related to a fraudulent return filed due to a data breach incident, refer to IRM 25.23.4.8.1.5.1, TIN Owners Receiving Fraudulent Refunds in Preparer Data Breach Scheme.

  5. The presence of a TC 971 AC 123 MISC "PREPARER CONTACT" on a taxpayer’s entity does not confirm identity theft. Complete research must be conducted to verify the taxpayer’s claim. Returns determined to be invalid can be resolved following nullity procedures with lead/managerial approval. Account research and approval must be documented in a CII case note prior to taking action on the account. Use the table below to assist in making CN ownership determinations when there is an external business/preparer data breach indicator on the account.

    Note:

    When the taxpayer is reporting income related IDT for any tax year, the presence of a TC 971 AC 123 will not be considered when conducting research. Normal procedures will be followed to make a determination and resolve the account.

    If And Then
    (1) Form 14039, police report, or correspondence indicating identity theft is received, there is a TC 971 AC 123 MISC "PREPARER CONTACT" present, The only difference between the posted return and duplicate return is the refund/direct deposit information,

    • Consider the taxpayer submitting the identity theft claim to be the valid taxpayer. Refer to paragraph (7) below.
    (2) Form 14039, police report, or correspondence indicating identity theft is received, there is a TC 971 AC 123 MISC "PREPARER CONTACT" present, There is no difference between the posted return and duplicate return; this is a true duplicate,

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and refund/direct deposit/balance due information are all consistent with the filing history of the valid taxpayer, or if after researching the account, you cannot find evidence of tax related identity theft, refer to paragraph (6) below.

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and/or refund/direct deposit/balance due information are not consistent with the filing history of the valid taxpayer, there is a high probability the valid taxpayer has not filed a return. Consider the taxpayer submitting the identity theft claim to be the valid taxpayer. Refer to paragraph (7) below.
    (3) Form 14039, police report, or correspondence indicating identity theft is received, there is a TC 971 AC 123 MISC "PREPARER CONTACT" present, There is only one return present,

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and refund/direct deposit/balance due information are all consistent with the filing history of the valid taxpayer, refer to paragraph (6) below.

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and/or refund/direct deposit/balance due information are not consistent with the filing history of the valid taxpayer, there is a high probability the valid taxpayer has not filed a return. Consider the taxpayer submitting the identity theft claim to be the valid taxpayer. Refer to paragraph (7) below.

  6. Returns filed using information obtained from a preparer data breach have a higher likelihood of being processed as valid returns. When a taxpayer is known to have been affected by a preparer data breach incident but has not yet been impacted by tax related identity theft, the Service will take additional precautions to protect the taxpayer’s account. Take the following actions to resolve accounts with the TC 971 AC 123 "PREPARER CONTACT" indicator when an invalid return has not been filed:

    • Input TC 971 AC 506 with MISC "WI AM OTHER" . For the secondary date, use the current filing year or the year of breach, if known. Do Not input a TC 971 AC 504.

    • Issue Letter 4674C . Include paragraphs H, 7, 8, w, y, and /. For international taxpayers, use : in place of /.

      Caution:

      If the TC 971 AC 506 is not input prior to cycle 47 of the processing year, an IP PIN/CP01A will not generate for the upcoming filing season. Use the following special paragraphs in addition to the paragraphs above:
      9:"Because we processed your claim late in the year, we are unable to mail an IP PIN in December or January for this upcoming filing season. File your return as normal for this tax season. We will mail you an IP PIN next December or January. If your address changes before December, you will need to complete Form 8822, Change of Address. Visit www.IRS.gov."
      And
      !:"If you want an IP PIN to use for the upcoming tax year, visit our website at www.irs.gov/getanippin. A new IP PIN generates each year in mid-January. You can retrieve it by logging into your account at www.irs.gov/getanippin. If you chose to create an account to obtain an IP PIN, you will not receive a notice in December or January as stated above."

  7. Follow procedures in IRM 25.23.4.8.1.5.2, External Business/Preparer Data Breach Streamline Identity Theft (IDT) - One Return Present, or IRM 25.23.4.8.1.5.3, External Business/Preparer Data Breach Streamline Identity Theft (IDT) - More Than One Return Present, to correct the account.

25.23.4.8.1.5.1 (10-01-2020)
TIN Owners Receiving Fraudulent Refunds in Preparer Data Breach Scheme

  1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡"≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡" ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Exception:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡"≡ ≡ ≡ ≡ ≡ ≡ ≡" ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  7. If the taxpayer says they transferred the refund amount to the criminal, mistakenly believing they were repaying the refund to the IRS, but does not provide the written documentation described in (4) above, the refund will be treated as if the taxpayer had full access and use of it. Take the following action:

    If Then
    (1) The taxpayer did not file a return,

    1. Follow the "no lost" refund procedures in paragraph (2) of IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, to correct the taxpayer’s account.

    2. Follow the procedures in IRM 21.4.5.6.1, Account Actions For Category D Erroneous Refunds, to request repayment of the refund.
    (2) The taxpayer did file a return,

    1. Follow the procedures in IRM 25.23.4.10.1, Invalid Return/Valid Return - No Lost Refund, to correct the taxpayer’s account.

    2. If the refund issued on the IDT return is greater that the refund on the taxpayer’s return, follow the procedures in IRM 21.4.5.6.1, Account Actions For Category D Erroneous Refunds, to request repayment of the difference.

25.23.4.8.1.5.2 (10-01-2020)
External Business/Preparer Data Breach Streamline Identity Theft (IDT) - One Return Present

  1. Consider the case to meet One Return IDT when any of the following account conditions exist. Take the necessary actions to resolve the account as described.

    Reminder:

    If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.

    If And Then
    (1) Only one return meeting nullity criteria has posted (TC 150): For the year in question, the taxpayer:

    • Was not of age to work,

    • Is deceased,

    • Does not have a filing requirement, or

    • Has not yet filed a return.

    • Ensure CII case notes include your research, determination, and lead/managerial approval to nullify the invalid return.

    • Update the taxpayer’s entity information to reflect the CN owner’s name, current address, and phone number, if provided.

    • Input an adjustment to fully back out the return. Use BS 05 and RC 139. Use HC 3 if the adjustment will not result in a credit remaining on the module. Use HC 4 to prevent a refund of any remaining credits, when necessary.

    • If resolving IDT for the current or two immediately preceding tax years, input TC 971 AC 850 when the invalid return includes direct deposit information.

    • If the valid taxpayer received the refund from the invalid return, see IRM 25.23.4.8.1.5.1, TIN Owners Receiving Fraudulent Refunds in Preparer Data Breach Scheme.

    • If any portion of the refund is lost, see IRM 25.25.4.7, Reversing Identity Theft Lost Refunds.

    • Input TC 971 AC 501/506, as appropriate.

    • Refer to IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, to determine if the taxpayer has a filing requirement, and take appropriate actions.

    • Refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, for additional account actions that may be required.
    (2) Only one return filed by the valid taxpayer has posted (TC 150): A second, unprocessed return meeting nullity criteria has been received.

    • Input TC 290 .00 with BS 05 and RC 139. Use HC 3 if the adjustment will not result in a credit remaining on the module. Use HC 4 to prevent a refund of any remaining credits, when necessary.

    • Input TC 971 AC 501/506, as appropriate.

    • Refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, for additional account actions that may be required.

25.23.4.8.1.5.3 (10-01-2020)
External Business/Preparer Data Breach Streamline Identity Theft (IDT) - More Than One Return Present

  1. Follow the procedures below when multiple returns are present.

    Reminder:

    If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.

    Reminder:

    Statute year returns require additional research prior to taking action on an account. Review IRM 25.23.4.9, Statute Processing Considerations, to ensure all applicable statutes are protected.

    If And Then
    (1) Multiple invalid returns are present, For the year in question, the taxpayer:

    • Was not of age to work,

    • Is deceased,

    • Does not have a filing requirement, or

    • Has not yet filed a return.

    • Ensure CII case notes include your research, determination, and lead/managerial approval to nullify the invalid returns.

    • Update the taxpayer’s entity information to reflect the CN owner’s name, current address, and phone number, if provided.

    • If resolving IDT for the current or two immediately preceding tax years, input TC 971 AC 850 when the invalid return includes direct deposit information.

    • Input an adjustment to fully back out the return(s). Use BS 05 and RC 139. Use HC 3 if the adjustment will not result in a credit remaining on the module. Use HC 4 to prevent a refund of any remaining credits, when necessary.

    • If the valid taxpayer received the refund from the invalid return, see IRM 25.23.4.8.1.5.1, TIN Owners Receiving Fraudulent Refunds in Preparer Data Breach Scheme.

    • If any portion of the refund is lost, see IRM 25.25.4.7, Reversing Identity Theft Lost Refunds.

    • Input TC 971 AC 501/506, as appropriate.

    • Refer to IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, to determine if the taxpayer has a filing requirement, and take appropriate actions.

    • Refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, for additional account actions that may be required.
    (2) The valid taxpayer’s return has posted as the TC 150, At least one invalid return meeting nullity criteria has been received.

    • Ensure CII case notes include your research, determination, and lead/managerial approval to nullify the invalid return(s).

    • Input TC 290 .00 with BS 05 and RC 139. Use HC 3 if the adjustment will not result in a credit remaining on the module. Use HC 4 to prevent a refund of any remaining credits, when necessary.

    • Input TC 971 AC 501/506, as appropriate.

    • Refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, for additional account actions that may be required.
    (3) An invalid return has posted as the TC 150, The valid taxpayer’s return has been received.

    Note:

    This scenario will be followed when more than one invalid return is received, the valid taxpayer has filed a return, and the TC 150 has been determined to be invalid.

    • Ensure CII case notes include your research, determination, and lead/managerial approval to nullify the invalid return(s).

    • Update the taxpayer’s entity information to reflect the CN owner’s name, current address, and phone number, if provided.

    • If the valid taxpayer’s return does not have a posted TC 976, see IRM 25.23.4.6.5.2, Unprocessed Documents, for applicable procedures.

    • If resolving IDT for the current or two immediately preceding tax years, input TC 971 AC 850 when the invalid return includes direct deposit information.

    • Input an adjustment to the valid return figures, as allowable. Use BS 00 and RC 139. Use HC 3 or HC 4 when a credit remaining on the module must be held.

    • If the valid taxpayer received the refund from the invalid return, see IRM 25.23.4.8.1.5.1, TIN Owners Receiving Fraudulent Refunds in Preparer Data Breach Scheme.

    • If any portion of the refund is lost, see IRM 25.25.4.7, Reversing Identity Theft Lost Refunds.

    • Input TC 971 AC 501/506, as appropriate.

    • Refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, for additional account actions that may be required.

25.23.4.8.1.6 (12-20-2022)
Identity Theft (IDT) with Tax Preparation Software Misuse

  1. You can identify taxpayers known to be impacted by tax preparation software misuse by a TC 971 AC 123 with specific MISC fields on CC ENMOD/IMFOLE. An indicator is placed on the accounts of taxpayers when the Service is notified of compromised PII due to tax preparation software misuse. Refer to the following list of the MISC fields for incidents that have been reported to the Service.

    • "TTAX LIST" - Intuit/TurboTax has reported an attempt to misuse the taxpayer’s PII.

      Caution:

      This indicator is only used to mark accounts that have the potential to be impacted by tax related identity theft. Thorough research must be conducted to make a determination prior to taking any actions on the account.

      Note:

      A taxpayer may submit a Form 14039, police report, or correspondence indicating their tax preparation software company advised them of their personal information being compromised. A TC 971 AC 123 with a MISC field listed above may or may not be present in these instances. Conduct research as described below to determine if the taxpayer is impacted by identity theft.

  2. Taxpayers are not always aware their PII was used to create a new account or attempt to file a tax return with the tax preparation software they have used in the past. Caution must be used when speaking with the taxpayer to avoid inadvertent disclosure of this account information even after verifying the taxpayer’s identity. The tax preparation software company is responsible for advising the taxpayer of the incident.

  3. Identity theft returns resulting from tax preparation software misuse may appear to be duplicate or amended returns. These fraudulent returns may include:

    • Duplicate or similar information to previously filed returns.

    • Income information that is consistent with filing history and/or matches IRPTR data.

    • The same or similar tax return preparer information.

    • Different refund/direct deposit information.

  4. The presence of a TC 971 AC 123 with a MISC field listed in paragraph (1) above on a taxpayer’s entity does not confirm identity theft. Complete research must be conducted to verify the taxpayer’s claim. Returns determined to be invalid can be resolved following nullity procedures with lead/manager approval. Account research and approval must be documented in a CII case note prior to taking action on the account. Use the table below to assist in making CN ownership determinations when misuse of tax preparation software is suspected.

    Note:

    When the taxpayer is reporting income related IDT for any tax year, the presence of a TC 971 AC 123 will not be considered when conducting research. Normal procedures will be followed to make a determination and resolve the account.

    If And Then
    (1) Form 14039, police report, or correspondence reporting identity theft is received, there is a TC 971 AC 123 MISC field indicating misuse of tax preparation software present, The only difference between the posted return and duplicate return is the refund/direct deposit information,

    • Consider the taxpayer submitting the identity theft claim to be the valid taxpayer. Refer to paragraph (6) below.
    (2) Form 14039, police report, or correspondence reporting identity theft is received, there is a TC 971 AC 123 MISC field indicating misuse of tax preparation software present, There is no difference between the posted return and duplicate return; this is a true duplicate,

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and refund/direct deposit/balance due information are all consistent with the filing history of the valid taxpayer, or if after researching the account, you cannot find evidence of tax related identity theft, refer to paragraph (5) below.

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and/or refund/direct deposit/balance due information are not consistent with the filing history of the valid taxpayer, there is a high probability the valid taxpayer has not filed a return. Consider the taxpayer submitting the identity theft claim to be the valid taxpayer. Refer to paragraph (6) below.
    (3) Form 14039, police report, or correspondence reporting identity theft is received, there is a TC 971 AC 123 MISC field indicating misuse of tax preparation software present, There is only one return present,

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and refund/direct deposit/balance due information are all consistent with the filing history of the valid taxpayer, refer to paragraph (5) below.

    • When the name/address, dependents, income/credits, tax preparer/3rd party contact authorization, and/or refund/direct deposit/balance due information are not consistent with the filing history of the valid taxpayer, there is a high probability the valid taxpayer has not filed a return. Consider the taxpayer submitting the identity theft claim to be the valid taxpayer. Refer to paragraph (6) below.
    (4) Form 14039, police report, or correspondence reporting identity theft is received, there is a TC 971 AC 123 MISC field indicating misuse of tax preparation software present, The are multiple differences between the posted return and duplicate return,

    • Follow normal procedures to make an identity theft CN ownership determination without consideration of the TC 971 AC 123 present.

  5. When a taxpayer is known to have been affected by misuse of tax preparation software but has not yet been impacted by tax related identity theft (i.e., invalid return received), the Service will take additional precautions to protect the taxpayer’s account. Take the following actions to resolve accounts identified by a TC 971 AC 123 with a MISC field listed in paragraph (1) above when an invalid return has not been filed:

    • Input TC 971 AC 504 with MISC "NKI-M" .

    • Issue Letter 4402C, including selections B and F. Use the following special paragraphs:

      B: We received your identity theft claim regarding the fraudulent account and possible fraudulent filing of a tax return by your private tax program. We have processed your claim and placed an indicator on your account. We don’t need any additional information from you.

      F: We highly recommend obtaining an Identity Protection Personal Identification Number (IP PIN) to protect your account. Additional information can be found below.

  6. When you have determined the taxpayer is a victim of tax related identity theft (i.e., invalid return received) as a result of tax preparation software misuse, follow the applicable procedures in IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, depending on the facts and circumstances of your case.

    Reminder:

    Lead/managerial approval must be documented prior to nullifying a return determined to be invalid when the determination made is based on a claim related to misuse of tax preparation software.

25.23.4.8.2 (04-30-2020)

Non-Streamline Identity Theft (IDT) Determinations

  1. When refund related identity theft (IDT) is suspected, the return in question must first be reviewed to determine if it meets streamline criteria, per IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing.

  2. When the return in question does not meet streamline criteria, refer to the applicable scenario below:

    • Form 14039 or police report was received: IRM 25.23.4.8.2.1, Taxpayer Identified Identity Theft (IDT) Determinations

    • IRS Identified: IRS Identified Identity Theft (IDT) Determinations

25.23.4.8.2.1 (10-01-2022)
Taxpayer Identified Identity Theft (IDT) Determinations

  1. Follow the procedures below when a Form 14039 or police report has been received, there is only one return on the module, and the reporting taxpayer is stating they did not file the return in question. Ensure all required research has been completed prior to making a determination of CN ownership. See IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, and its subsections for detailed instructions. Document your research and determination in a CII case note.

    Note:

    For ITIN taxpayers, refer to IRM 25.23.4.8.2.2, IRS Identified Identity Theft (IDT) Determinations.

    If And Then
    (1) A Form 14039, police report, or correspondence has been received, The claim and posted return contain different addresses,

    • If supported by your research, treat the identity theft inquiry as belonging to the valid taxpayer.

    • If your research does not support determining in favor of the taxpayer who submitted the inquiry, correspond with both taxpayers to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.
    (2) A Form 14039, police report, or correspondence has been received and the return on file also includes an IDT claim, The claim and posted return contain different addresses,

    • Correspond with both taxpayers to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.
    (3) A Form 14039, police report, or correspondence has been received, The claim and posted return contain the same address,

    • If supported by your research, treat the identity theft inquiry as belonging to the valid taxpayer.

    • If your research does not support a determination of identity theft, see IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.
    (4) A Form 14039, police report, or correspondence has been received and the return on file also includes an IDT claim, The claim and posted return contain the same address,

    • Correspond to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.

  2. Follow the procedures below when a Form 14039 or police report has been received, there are multiple returns, and the reporting taxpayer is stating they did not file the return in question. Ensure all required research has been completed prior to making a determination of CN ownership. See IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, and its subsections for detailed instructions.

    Note:

    For ITIN taxpayers, refer to IRM 25.23.4.8.2.2, IRS Identified Identity Theft (IDT) Determinations.

    If And Then
    (1) A Form 14039, police report, or correspondence is included with only one return, The returns contain different addresses,

    • If supported by your research, treat the identity theft inquiry as belonging to the valid taxpayer.

    • If your research does not support determining in favor of the taxpayer who submitted the inquiry, correspond with both taxpayers to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.
    (2) A Form 14039, police report, or correspondence is included with only one return, The returns contain the same address,

    • If supported by your research, treat the identity theft inquiry as belonging to the valid taxpayer.

    • If your research does not support a determination of identity theft, see IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.
    (3) A Form 14039, police report, or correspondence is included with multiple returns, The returns contain the same address,

    • Correspond to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.
    (4) A Form 14039, police report, or correspondence is received separate from any return, and

    Multiple returns have been filed under the common number,    		 None of the returns contain the same address as the current or previous address provided on the identity theft inquiry,

    • If supported by your research, treat the identity theft inquiry as belonging to the valid taxpayer.

    • If your research does not support determining in favor of the taxpayer who submitted the inquiry, correspond with all taxpayers to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.
    (5) A Form 14039, police report, or correspondence is received separate from any return, and

    Multiple returns have been filed under the common number,    		 At least one (but not all) of the returns contains the same address as the current or previous address provided on the identity theft inquiry,

    Note:

    If all returns contain the same address as the current or previous address provided on the identity theft inquiry, continue to table scenario (6) below.

    • If supported by your research, treat the identity theft inquiry and return(s) containing the same address as belonging to the valid taxpayer.

    • If your research does not support determining in favor of the taxpayer who submitted the inquiry, correspond with all taxpayers to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.
    (6) A Form 14039, police report, or correspondence is received separate from any return, and

    Multiple returns have been filed under the common number,    		 All of the returns contain the same address as the current or previous address provided on the identity theft inquiry,

    • Correspond with all taxpayers to secure necessary documentation to make a determination. Refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). Include the questionnaire. Refer to IRM 25.23.4.18.2.3, Actions Based on No Response or Taxpayer Responses to Letter 5064C and/or Supplementary Questions Sent to Determine Common Number Ownership, and IRM 25.23.4.18.2.4, Final Stage Review (Associated with Letter 5064C Sent for Common Number Ownership), when the suspense timeframe has passed.

25.23.4.8.2.2 (12-20-2022)
IRS Identified Identity Theft (IDT) Determinations

  1. Follow the procedures below when a Form 14039 or police report has not been received or the CN is an ITIN and identity theft is suspected. Ensure all required research has been completed prior to making a determination of CN ownership. See IRM 25.23.4.6, Research, Actions and Complete Case Analysis - Overview, and its subsections for detailed instructions.

    If And Then
    (1) Identity theft is suspected, and a claim has not been received (IRSID), or the CN is an ITIN, All of the following conditions are met:

    • This is the first time one of the taxpayers has used the CN AND the other taxpayer has used the CN for more than one year.

    • The filing history is appropriate for the DOB associated with the CN.

    • Consider the taxpayer who has used the CN for more than one year to be the valid taxpayer.

    • Add a CII case note documenting your research and stating "1st Year Rule" to identify the scenario used to make the determination.
    (2) Identity theft is suspected, and a claim has not been received (IRSID), or the CN is an ITIN, All of the following conditions are met:

    • One of the taxpayers has used the CN for 3 or more years AND the other taxpayer has used the CN for less than 3 years.

    • The filing history is appropriate for the DOB associated with the CN.

    • Consider the taxpayer who has used the CN for 3 or more years to be the valid taxpayer.

    • Add a CII case note documenting your research and stating "3 Year Rule" to identify the scenario used to make the determination.
    (3) Identity theft is suspected, and a claim has not been received (IRSID), or the CN is an ITIN, All of the following conditions are met:

    • Complete and careful research provides reasonable evidence of CN ownership.

    • A CN ownership determination cannot be made using scenario (1) or (2).

    • Leave a CII case note documenting all research completed, including the evidence that supports your determinations.

    • Refer the case for managerial/lead concurrence with the determination made. A CII case note documenting concurrence with the determination must be input prior to taking action to resolve the account.
    (4) Identity theft is suspected, and a claim has not been received (IRSID), or the CN is an ITIN, All of the following conditions are met:

    • Complete and careful research does not result in reasonable evidence of CN ownership.

    • A CN ownership determination cannot be made using scenarios (1), (2), or (3).

    • Your research does not support a determination of identity theft. Follow procedures in IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations

25.23.4.8.3 (10-04-2022)

Dependent Related Identity Theft (IDT) - General

  1. Dependent related identity theft (IDT) claims are received when misuse of a dependent’s TIN is suspected. Refer to the list below for examples of tax related dependent IDT scenarios:

    • A taxpayer’s dependent is listed as a primary taxpayer, secondary taxpayer, or dependent on an invalid return.

    • An individual is listed as a dependent on the return of a taxpayer who is not their parent/legal guardian (whose identity may or may not be known by the reporting person).

    • A taxpayer is not a dependent of anyone but is listed as a dependent on a return filed by an individual they do not know or an individual (who is not their parent/legal guardian) they do know who does so without their knowledge or consent.

  2. Dependent related IDT may be IRS identified when misuse of a TIN occurs on a return determined to be fraudulent. Each dependent on the fraudulent return must be addressed. When establishing the entity of the dependent, use a Service Center address when a valid address cannot be identified.

  3. See the list below for additional information regarding all dependent related IDT cases:

    • Dependent related IDT cases will be assigned under the dependent’s TIN. See IRM 25.23.4.3.1, CII and IDRS Case Controls, for additional information regarding case creation and assignment for additional impacted tax years identified through research.

      Note:

      When multiple dependents are involved, they will receive separate treatment for purposes of making a determination and appropriate account resolution.

    • Dependent related IDT cases will only be referred to IDTVA Specialty Functions when the claim is also related to a Compliance assessment made. Refer to Exhibit 25.23.4-5, IDTVA Routing Matrix, for additional information regarding roles and responsibilities within IDTVA.

    • All required correspondence normally issued to an individual submitting an identity theft claim will be issued under the dependent’s TIN. Correspondence will be addressed to the dependent and their representative if there is information in the Continuation of Primary Name (i.e., parent/guardian, POA, etc.). When a taxpayer and their dependent are both determined to be victims of identity theft, separate correspondence will be sent. Refer to IRM 25.23.4.18, Communicating with Taxpayers, for additional information.

    • When the reporting person is the parent/legal guardian of the dependent, the dependent is age 18 or older (as of the signature date on the claim), and proof of legal guardianship has not been provided, do not establish or update the dependent’s entity with the reporting person’s address. Issue a closing letter to the reporting person following procedures for corresponding with a person who is not an authorized third party. Do not include a paragraph requesting a Form 2848 , Power of Attorney and Declaration of Representative, or Form 8821 , Tax Information Authorization, for these cases. See IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional information. If a valid separate address is available for the dependent, the dependent and reporting person will each receive a separate letter.

    • Research conducted may support making a determination for multiple individuals; however, all CII cases, case documentation, correspondence, and closing actions will be addressed on an individual basis.

      Caution:

      The accounts of individuals determined to be victims of identity theft will be resolved. When the misuse of a dependent’s TIN is included on the filing of a return that is not determined to be fraudulent (i.e., the return is verifiable and cannot be determined to be refund related IDT), the account will not be adjusted to remove the dependent and/or dependent-related credits claimed. This will not prevent resolution of the dependent’s IDT issue.

      Reminder:

      IDTVA employees are not making a determination regarding which parent/legal guardian is entitled to claim and/or represent the dependent.

    • When a determination of No IDT is made, advise the individual they may be able to obtain an IP PIN through the opt in process to protect their identity in the future.

  4. Dependent related IDT affecting tax administration is a form of tax related IDT. Input TC 971 AC 501 upon resolution if the taxpayer identified the issue. When the issue was IRS identified, Input TC 971 AC 506 upon resolution.

    • See IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501, and

    • IRM 25.23.2.6.3, Closing IRS Determined Identity Theft Affecting Tax Administration - TC 971 AC 506, for more information.

  5. Dependent related IDT that does not affect tax administration (i.e., dependent’s TIN was used to obtain a credit card or identification) will be resolved following procedures in IRM 25.23.3.2.3, Self-Identified - Non-Tax-Related Identity Theft - IDT4. A TC 971 AC 504 will be input upon resolution of non-tax-related issues.

  6. When working a case that is dependent related (i.e., Form 14039 states dependent issue, dependent issue is IRS identified, etc.), follow procedures in IRM 25.23.4.8.3.1, Dependent Related Identity Theft (IDT) - Determinations, to conduct the necessary research and make a determination related to suspected misuse of a dependent’s TIN.

25.23.4.8.3.1 (10-01-2023)
Dependent Related Identity Theft (IDT) - Determinations

  1. An individual may report dependent related IDT for themselves or on behalf of another individual. Use caution when providing information to ensure you do not inadvertently provide tax account information to an unauthorized individual.

  2. Prior to completing the required research, determine if the entity needs to be established or updated for the dependent in question. Do not include the word minor, unless the correspondence includes the word minor in the Form 14039 Section B explanation or correspondence from the taxpayer. The dependent’s age will not be used to identify them as a minor due to extenuating circumstances that may exist. Do not include the reporting person’s information in the Continuation of Primary Name field. See IRM 3.13.5.117, Establishing a New Account (TC 000), and Exhibit 25.23.4-22, Establishing or Updating Entities for Dependents, for more information.

    Note:

    Include the telephone number from the case documents when establishing or updating the entity when it has been determined the correspondence was submitted by or on behalf of the dependent (not an unauthorized third party). If it is determined the address on the documentation will not be used based on procedures within Exhibit 25.23.4-22, Establishing or Updating Entities for Dependents, do not include the telephone number provided in the correspondence.

  3. A parent/legal guardian may file a Form 14039 on behalf of their dependent. Section F is designated to provide information in these instances.

    • Do not reject incomplete Forms 14039.

    • If the parent/legal guardian relationship cannot be confirmed using the information provided and internal research or the claim was submitted on behalf of an adult child (age 18 or older), request proof of the relationship (i.e., court order, adoption certificate, or other legal documentation). Refer to the table below for a list of acceptable documentation and IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written).

      Note:

      IDRS CC DDBKD is used to confirm the parent/legal guardian relationship through internal research.

    Acceptable Documentation Unacceptable Documentation
    Court Order Written statement from parent (even if notarized)

    • Birth Certificate

    • Adoption Documentation

    		 Form 8332, Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent
    Foster Care Placement Documentation

    Refer questionable foster care placement documentation to ITVA HQ as described in the note below.

    • School records

    • Proof of medical insurance

    Note:

    For any documentation provided that is not listed in the table above, prepare and email Form 4442 using the subject line: Dependent - Proof of Guardianship (or similar) to ITVA HQ. Document all research completed in a CII case note and/or on Form 4442. Attach Form 4442 to your CII case. Suspend the case awaiting a response from ITVA HQ. Upon receipt, the account will be researched. A response on how to address the account will be received within 7 business days.

  4. Claims filed by an individual reporting to be a victim of dependent related IDT will be considered if the individual is at least age 16 as of the signature date on the claim. If the claim is not signed, use the postmark date on the envelope, if available. If neither is present, use the IRS received date for purposes of considering the claimant’s age at the time the claim is made.

    Note:

    A determination of age is not necessary when the reporting person is not the individual identified as the victim. A Form 14039 signed by a parent on behalf of their dependent child never requires documentary evidence.

  5. If the claimant is at least age 16, continue to paragraph (7) below.

  6. If the claimant is under age 16, the claim will not be considered. Send a closing Letter 916C to the address provided on the claim. Include paragraphs: F, S, and 1. In paragraph S, explain that a signed statement from their parent or legal guardian must be received before we can consider their identity theft claim.

  7. Conduct a review of prior years (a minimum of three prior years, if available) and all subsequent years. The prior year review will continue in one-year increments until no indications of dependent TIN use are found. After completing the required research, continue to paragraph (8) to make a determination. Refer to the table below for research paths appropriate for the facts and circumstances of the case.

    Note:

    Use of the TIN-Related Worksheet may be beneficial for identifying any consistencies and/or inconsistencies in the filing history.

    Note:

    There are various IAT tools available to aid in completing the research described in the table below.

    Caution:

    For purposes of research only, the asserted victim of identity theft will be referred to as the "victim" in the table below, and the asserted thief will be referred to as the "individual in question" . The validity of the claim will be determined after completion of all necessary research.

    If Then
    (1) The reporting person provides the TIN of the individual they believe committed identity theft,

    1. Research the TIN of the individual in question. Use any combination of the following systems and/or IDRS Command Codes (CC) to review the filing history:

      • MeFile

      • ITIN RTS

      • CII

      • AMS

      • TRDBV

      • RTVUE

      • DDBKD/DDBKDN

      Note:

      Your research is not limited to use of the systems and Command Codes listed above and may extend to other resources available, as applicable.

    2. While reviewing the filing history, consider the following:

      • Was the victim claimed as a dependent for the tax year in question?

      • How many years has the victim been claimed as a dependent of the individual in question?

      • What is the relationship between the victim and individual in question?

      • Has the victim filed tax returns as a primary or secondary taxpayer for any of the tax years included in the research period?

      • If the victim has filed returns, did they claim the self-exemption?
    (2) The reporting person provides only the name and address of the individual they believe committed identity theft, or

    The reporting person provides the last name and last 4 digits of the TIN belonging to the individual they believe committed identity theft,

    1. Use IDRS CC NAMES/NAMEI to locate the TIN of the individual in question when the name and address are provided.

    2. Use IDRS CC TPIIP to locate the TIN of the individual in question when the last name and last 4 digits of the TIN are provided.

    3. If a TIN is located, follow procedures in table scenario (1) above to conduct the necessary research.

    4. If a TIN is not located, follow procedures in table scenario (3) below.
    (3) The reporting person does not provide the name, address, or TIN of the individual they believe committed identity theft and the claim is for the current or two immediately preceding years,

    1. Use IDRS CC DDBKD to determine if the victim has been listed as a dependent of anyone for the current or two immediately preceding years.

    2. If a TIN is located, follow procedures in table scenario (1) above to conduct the necessary research.

    3. If a TIN is not located, the dependent is not a victim of identity theft. Document your research and No IDT determination in a CII case note. Then follow procedures in IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.

      • If the reporting person is not an authorized third party, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional letter requirements.
    (4) After consideration of the information available, you are unable to identify a taxpayer claiming the victim as a dependent, and the claim is for a year that is not available on CC DDBKD,

    1. Follow procedures in paragraph (8) Table Scenario (1).

  8. After you have completed the necessary research, refer to the table below to make an identity theft determination:

    Note:

    If the reporting person provides their TIN instead of the TIN of the dependent in question, update the TIN on the CII case. Add a CII case note documenting the reason for the change (i.e., dependent’s TIN included in statement on Form 14039, dependent’s TIN located through research of reporting person’s filing history, etc.).

    Reminder:

    Additional impacted years identified through research must be addressed. See IRM 25.23.4.6.4, Complete Case Analysis, for additional information.

    Reminder:

    If the Form 14039 includes a statement regarding non-receipt of EIP or RRC, refer to IRM 25.23.4.20, Economic Impact Payment (EIP) and Recovery Rebate Credit (RRC) - General, and the related subsections after making a determination to respond to the inquiry.

    Reminder:

    If the Form 14039 includes a statement regarding non-receipt of Advanced Child Tax Credit (AdvCTC), refer to IRM 25.23.4.21.2, ARPA - Advanced Child Tax Credit (AdvCTC) - General.

    If Then
    (1) The issue is taxpayer identified and your research indicates tax administration is not affected,

    1. Refer to IRM 25.23.3.2.3, Self-Identified - Non-Tax-Related Identity Theft - IDT4, to resolve the case.

      Note:

      If directed to this scenario from paragraph (7) Table Scenario (4), input the appropriate TC 971 AC 504 indicating a manual letter will be issued. Send Letter 4402C. Do not use paragraph A; instead, use an open paragraph for the opening statement. You may use the following special paragraph or similar verbiage:
      "We have reviewed your account and don’t see that your federal income taxes were affected."
    (2) Your research indicates use of the dependent’s TIN is the result of a typo or finger error,

    Note:

    This generally results in a math error related to a name control mismatch on the return the TIN was inadvertently included on.

    1. The dependent is not a victim of identity theft. Document your research and No IDT determination in a CII case note.

    2. Follow procedures in IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.

      • Issue a closing Letter 4674C to the dependent as described in IRM 25.23.2.6.6.2. Include paragraph K when the reporting person is not an authorized third party.

      • If the reporting person is not an authorized third party, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional letter requirements.

    3. In some instances, the dependent will be allowed during original processing, and the taxpayer who incorrectly used the TIN will not be made aware of the misuse through normal math error procedures. When a math error was not set and you can identify the correct address for the individual using the TIN incorrectly, send a Letter 3064C. Include Paragraphs L, M, and X. Use the following special paragraphs to inform the individual of the misuse of the TIN:

      Paragraph L:"We reviewed your tax account for the tax periods listed above and found that your tax return includes incorrect information that did not affect the processing of your return."
      Paragraph M (TIN is an SSN):"Our records show you are using an incorrect Social Security Number (SSN) for your dependent(s). Please contact the Social Security Administration (SSA) to verify the correct SSN for your dependent(s)."
      Paragraph M (TIN is an ITIN):"Our records show you are using an incorrect Individual Taxpayer Identification Number (ITIN) for your dependent(s). Please refer to the notice you received informing you of the ITIN assigned to your dependent. If you do not have this notice, you may contact the IRS at 800-829-1040 to request a copy."
    (3) Your research indicates the case is a Mixed Entity due to the filing of a return with the CN listed for the primary or secondary taxpayer,

    Note:

    When the Mixed Entity is identified as a TIN being used for a dependent, refer to table scenario (2) above. These situations will be treated as a typo or finger error.

    1. Add a CII case note documenting your research and determination.

      • IDTVA-A: Retain the case. Update the CII case to reflect the Category Code MXEN and Function and Program Codes to 710-40054. Follow procedures in IRM 21.6.2.4.2, Mixed Entity Procedures, to resolve the case.

      • IDTVA-Specialty: Reassign the case using the IDTVA Specialty CII Reassignment Guide for Non-IDT Cases. Refer to your functional IRM for additional guidance.
    (4) Your research indicates the case is a Scrambled SSN issue,

    1. Add a CII case note documenting your research and determination.

    2. Order the NUMIDENT and complete all necessary actions per IRM 25.23.4.6.1, Required Research.

      • IDTVA-A: Reassign the case using the IDTVA-A CII Reassignment Guide.

      • IDTVA-Specialty: Reassign the case using the IDTVA Specialty CII Reassignment Guide for Non-IDT Cases. Refer to your functional IRM for additional guidance.
    (5) Your research indicates there may be an Invalid Joint Election (IJE) issue,

    1. Add a CII case note documenting your research and determination.

    2. Refer to IRM 25.23.4.8.1.4.1, Invalid Joint Election Consideration.
    (6) Your research indicates the individual in question is the dependent’s parent/legal guardian,

    1. The dependent is not a victim of identity theft. Document your research and No IDT determination in a CII case note.

    2. Follow procedures in IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.

      Exception:

      If submitted on a Form 3949-A, the case will be routed to Exam. Refer to IRM 25.23.4.6.2(6), IDTVA - Additional Research and Required Actions.

      • Issue a closing Letter 4674C to the dependent. Include paragraph I. When the dependent is the reporting person and they were claimed by their parent/legal guardian, include paragraph N. In paragraph N, use the following special paragraph:

        Note:

        In place of (TIN) use Social Security Number or Individual Taxpayer Identification Number, as appropriate.

        "Your (TIN) has not been used in the fraudulent filing of a federal tax return." Include paragraph L when the reporting person is not an authorized third party. Refer to IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, to determine if the dependent has a filing requirement that must be addressed.

      • If the reporting person is not an authorized third party, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional letter requirements.

      Reminder:

      Include information about the taxpayer’s option to request an IP PIN to protect their identity in the future.
    (7) Your research indicates the Service allowed a self-exemption in error while processing a return for the dependent,

    1. The dependent is not a victim of identity theft. Document your research and No IDT determination in a CII case note.

    2. When telephone information is available, attempt to contact the reporting person no less than two times. Document each attempt in a CII case note.

      Note:

      There must be a reasonable amount of time between the two attempts. For example, another call on a subsequent day constitutes a valid second attempt. If you are able to leave a phone message, allow the reporting person 5 business days to return your call. The second attempt should not be made immediately after a first unsuccessful attempt.

    3. If the reporting person is an authorized third party, verify their identity by completing outgoing disclosure. See paragraphs (25) through (27) in IRM 21.1.1.4, Communication Skills, for specific guidance. Take one of the following actions:

      • If disclosure is passed, explain that the Service allowed the dependent’s self-exemption in error. Apologize for the mistake, and advise them the individual who is entitled to claim the dependent will need to file a paper return, including all income, exemptions, dependents, tax, and any credits they are entitled to. Document your conversation in a CII case note.

      • If disclosure is not passed, follow procedures in step (4) below.

    4. If the reporting person is not an authorized third party and you are able to reach them by phone, advise them you are working the identity theft case. Explain that you are unable to provide information regarding the dependent in question. Inform them the dependent may authorize you to provide the information verbally after verification of their identity.

    5. If the dependent in question is available, verify their identity by completing outgoing disclosure. See paragraphs (25) through (27) in IRM 21.1.1.4, Communication Skills, for specific guidance. Refer to IRM 21.3.11.7.1, Third-Party Authorization, and IRM 21.3.11.7.1.2, Oral Disclosure Consent, for additional disclosure information.

      • If Oral Disclosure Consent is received, when speaking to the reporting person, explain that the Service allowed the dependent’s self-exemption in error. Apologize for the mistake, and advise them the individual who is entitled to claim the dependent will need to file a paper return, including all income, exemptions, dependents, tax, and any credits they are entitled to. Document your conversation in a CII case note.

      • If the dependent does not give consent, explain that the Service allowed the dependent’s self-exemption in error. Apologize for the mistake, and advise them the individual who is entitled to claim them as a dependent will need to file a paper return, including all income, exemptions, dependents, tax, and any credits they are entitled to. Document your conversation in a CII case note.

    6. If the dependent is not available, determine an appropriate time to call back. Attempt contact at the agreed upon date and time. If you are unable to reach the reporting taxpayer or dependent at that time, another contact is not required.

    7. After contacting the reporting person (or making the necessary attempts), follow procedures in IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.

      • Issue a closing Letter 4674C to the dependent. Select paragraphs K (if the reporting person is not an authorized third party), M, t, u, w, and / (: for international taxpayers). Use paragraph M to include the suggested wording in IRM 25.23.2.6.6.2. For paragraph t, include the following special paragraph: "We made a mistake when processing your return. We included the self-exemption which you did not request. If someone is entitled to claim you as a dependent, they will need to file a paper return to do so."

      • If the reporting person is not an authorized third party, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional letter requirements.
    (8) Your research indicates any of the following:

    • The victim is listed as the primary or secondary taxpayer on an invalid return.

    • The victim is a dependent of their parent/legal guardian and is listed as a dependent on the return of a taxpayer who is not their parent/legal guardian (even when there is a history of being listed as a dependent of that person, the parent/legal guardian has not filed with them for years, or the other person claiming the dependent is also a relative).

    • The victim is a dependent of their parent/legal guardian and is listed on an invalid return filed using their parent/legal guardian’s personal information (parent/legal guardian is also a victim of IDT). (This may be a TP identified or IRS identified case.)

    • The victim is not a dependent of anyone but is listed as a dependent on a return filed by an individual who is not their parent/legal guardian (including taxpayers listed as dependents by their adult children).

    1. Add a CII case note documenting your research and determination.

    2. Follow procedures in IRM 25.23.4.10.14, Dependent Related Identity Theft (IDT).

    Note:

    For any questionable dependent case received that does not meet one of the scenarios described above, prepare and email Form 4442 using the subject line: Questionable Dependent (or similar) to ITVA HQ. Document all research completed in a CII case note and/or on Form 4442. Attach Form 4442 to your CII case. Suspend the case awaiting a response from ITVA HQ. Upon receipt, the account will be researched. A response on how to address the account will be received within 7 business days.

25.23.4.8.4 (10-01-2022)

Identity Theft with Non-Filer Returns

  1. The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), H.R. 133, Consolidated Appropriations Act, 2021, and the American Rescue Plan Act of 2021 (ARPA) provided eligible individuals with recovery rebate credits (RRC) for tax years 2020 and 2021 that the IRS paid to each eligible individual as an advance payment referred to as Economic Impact Payments (EIP). The IRS issued three EIPs: EIP 1 and EIP 2 (advance payments of the RRC for TY 2020) and EIP 3 (advance payment of the RRC for TY 2021). The IRS was authorized to use certain information included on the taxpayer’s recently filed tax return to determine the taxpayer’s eligibility for each EIP as follows:

    • EIP 1 - eligibility determined from TY 2019 return (2018 when there is no 2019 return), if filed

    • EIP 2 - eligibility determined from TY 2019 return, if filed

    • EIP 3 - eligibility determined from TY 2020 return (2019 when there is no 2020 return), if filed

  2. The IRS created a Non-Filers Tool and made it available for use on irs.gov to allow individuals who had not previously filed returns (because they did not have a filing requirement) to file a tax return to show their eligibility for the RRC and to receive EIP payments.

    Note:

    Returns filed using the Non-Filers Tool can be identified with $1 of taxable interest income, $1 total income, and $1 AGI.

  3. Although the Non-Filers Tool required verification of the individual’s identity, it was not always used as intended. Examples of misuse include but are not limited to:

    • Tax returns filed by identity thieves using a taxpayer’s information without their knowledge or consent

    • Tax returns filed by someone the individual trusted to assist them that intentionally included incorrect direct deposit information

  4. Research must be completed to determine if there is a high probability the return was not filed by the common number (CN) owner. Research may include, but is not limited to:

    • Comparing filing history for address, filing status, dependents, and direct deposit information

    • Reviewing IDRS CC IRPTR to confirm the taxpayer does not have a filing requirement

    • AMS history items

  5. Refer to the table below to determine if the taxpayer is a victim of identity theft related to use of the Non-Filers Tool:

    If And Then
    (1) Form 14039, police report, or correspondence is received stating:

    • They did not file the tax return,

    • Someone helped them but added direct deposit information that does not belong to them, or

    • They expected to receive the EIP in the mail and did not,

    • If supported by your research, accept the taxpayer’s claim,

    • Case resolution will follow streamline processes.

    • Refer to IRM 25.23.4.20, Economic Impact Payment (EIP) and Recovery Rebate Credit (RRC) - General, and its subsections, and IRM 25.23.4.21, American Rescue Plan Act (ARPA) - General, and its subsections, to identify and address account issues resulting from use of the Non-Filers Tool.
    (2) Form 14039, police report, or correspondence is received stating:

    • They did not file the tax return,

    • Someone helped them but added direct deposit information that does not belong to them, or

    • They expected to receive the EIP in the mail and did not,

    • Your research does not support accepting the taxpayer’s claim.

    • Follow procedures in IRM 25.23.4.10.15 , No Identity Theft (NOIDT) Determinations.
    (3) Form 14039, police report, or correspondence is received stating:

    • They did not file the tax return,

    • Someone helped them but added direct deposit information that does not belong to them, or

    • They expected to receive the EIP in the mail and did not,

    • The claim does not provide enough information to make a determination.

    • Follow procedures in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), to request clarification of the identity theft issue.
    (4) The case is IRS identified,

    • If supported by your research, consider the CN owner a victim of identity theft,

    • Case resolution will follow streamline processes.

    • Refer to IRM 25.23.4.20, Economic Impact Payment (EIP) and Recovery Rebate Credit (RRC) - General, and its subsections, and IRM 25.23.4.21, American Rescue Plan Act (ARPA) - General, and its subsections, to identify and address account issues resulting from use of the Non-Filers Tool.
    (5) The case is IRS identified,

    • Your research does not support a determination of identity theft,

    • Follow procedures in IRM 25.23.4.10.15 , No Identity Theft (NOIDT) Determinations.

25.23.4.9 (10-01-2019)

Statute Processing Considerations

  1. The following subsections provide guidance to process identity theft cases when there are statute related issues to be considered.

25.23.4.9.1 (10-01-2019)

Determining When Specific Year Account Information Must Be Moved

  1. Use the guidelines in the following subsections when determining whether posted tax account information for a particular year must be moved using Form 12810, Account Transfer Request Checklist.

    Note:

    These guidelines are applicable only if you are having to consider whether you should move posted tax data, e.g., tax, credits, refunds. On the other hand, if, as an example, the only"incorrect" transaction posted is a TC 976 belonging to another taxpayer, you may need to follow the requirement to "move" the TC 976. Moving the TC 976 would involve inputting a TC 971 AC 002 and taking any necessary action to ensure the posting of the TC 976 tax information on the appropriate TIN.

25.23.4.9.1.1 (03-16-2023)
Collection Statute Expiration Date Expired or Imminent

  1. The following guidance is applicable for all tax-related identity theft categories, i.e., IDT(X) and IDS(X).

  2. Stolen identity cases are exempt from normal statute processing. To that end, IDT cases do not truly have a CSED when it was established as the result of processing an invalid return on the module. Any cases received with the statement "Exception IDT1/IDS1 - Identity Theft Account" or Exception IDT3/IDS3 - Identity Theft Account, etc., written in the remarks field of the Form 12810, Account Transfer Request Checklist, are to be processed.

25.23.4.9.1.1.1 (03-16-2023)
Identity Theft Allegations on Tax Year 2012 and Prior

  1. Taxpayers may claim identity theft on tax years 2012 and prior in the following scenarios:

    1. First time filer and current year refund was offset to a prior year

    2. Taxpayer was a minor in the tax year(s) in question

    3. Current year refund was offset due to a prior year assessment

  2. Research the account(s) to determine whether the taxpayer is a victim of IDT. Although IRPTR data may not be available, internal research must be completed to make a determination. Examples of additional information that may be considered include, but are not limited to, RGS/CEAS RTF data or AUR data (CP 2000). IRPTR data for more current years may be used to support a determination based on consistency of income information.

    Example:

    The taxpayer claims they did not file a return for 2004; they were not required to file. In researching IRPTR for more current years, it is determined multiple people are using the SSN for employment purposes. There are IRP documents for the taxpayer which confirms the taxpayer does not have a filing requirement for any of the years. There is a high likelihood the taxpayer did not have a filing requirement for the tax year in question.

    1. Research AMS for the CP 2000 or RGS for the RTF data to determine the information filed on the return in question. Research CC IRPTR for available years to determine if the taxpayer had a filing requirement in other years.

      Note:

      If IRPTR information is unavailable and the income in question is wages, there is no requirement to completed Form 9409, IRS/SSA Wages Worksheet.

    2. Review AMS, CEAS, or the AUR system for taxpayer interaction with the Service, (i.e., telephone history).

    3. Research the age of the taxpayer and prior filing history.

    4. Ask for additional information that would assist with the determination, if necessary, following procedures in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written).

      Reminder:

      If additional information is needed to verify the IDT allegation, you must attempt to call the taxpayer if a contact number is available.

      Example:

      The taxpayer claims they were incarcerated. If supporting documentation was not provided and no information can be obtained using CC FTBOL, a determination based on incarceration cannot be made. Request supporting documentation from the taxpayer.

    5. If you are unable to obtain additional information but the identity theft allegation can be verified, allow the claim.

  3. Cases where a taxpayer is alleging IDT and the CSED has expired can be identified by the CSED expiration date and a TC 608 on the module. When the invalid return does not meet streamline criteria, refer to the scenarios below to determine if the invalid return needs to be moved to an IRSN.

    • When the module is not in retention, the invalid return will be moved to an IRSN after the CSED has expired when the valid taxpayer has filed a return that must be processed.

    • When the valid taxpayer has not filed a return, the invalid return will not be moved to an IRSN after the CSED has expired. Refer to IRM 25.23.4.9.1.3, Action Required if Not Moving Specific Year Account Information.

  4. In situations where there is an impact, (i.e., a current year refund was offset to a prior year), a TC 608 is on the account and the IDT allegation has been confirmed, see IRM 25.23.4.10.10.1, Identity Theft with Tax Offsets, (4) for applicable procedures. The refund will create a balance owed on the account, and the TC 608 will reset systemically.

  5. When Notices of Federal Lien (NFTL) are filed on liabilities, the Service does not notify the credit bureaus. The credit bureaus research public filings and, in certain cases, may place NFTL information on taxpayer credit reports.

  6. When a CSED expires, liens are automatically released. The Service is not required to report to the credit bureaus when liens are released. A Form 1099-C, Cancellation of Debt, will not be issued to the taxpayer in this situation.

    Note:

    If the taxpayer requests the NFTL be withdrawn, see paragraph (16) of IRM 25.23.10.7.2.3, Processing Identity Theft Correspondence.

  7. In situations where a taxpayer may be a victim of IDT for a year where the CSED has expired, research the account to make the determination. If IDT is confirmed, do not adjust the account unless there are payments or offsets that need to be transferred or refunded to the valid taxpayer. Input the appropriate IDT indicator. Refer to IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501, and IRM 25.23.2.6.3, Closing IRS Determined Identity Theft Affecting Tax Administration - TC 971 AC 506. Document actions taken in a CII case note.

  8. If the taxpayer’s correspondence indicates they are impacted due to a Notice of Federal Tax Lien (NFTL), see IRM 25.23.4.12.2, Collection Activity - Form 13794 Additional Actions Required - Lien, for additional information.

25.23.4.9.1.2 (03-16-2023)
Tax Year Account Move Conditions - Applicable for IDT(X) and IDS(X) Cases

  1. Tax account information must be moved when the Assessment Statute Expiration Date (ASED) is imminent or expired and any of the following conditions are met:

    Reminder:

    If the ASED is expired or imminent on a tax return to be reprocessed, NEVER abate tax on the "from" account until the reprocessing is complete and the tax has posted.

    Caution:

    The ASED does not apply on a case that has been determined a nullity. The return must be considered valid in order for the ASED to apply. Refer to IRM 25.6.1.6.14, Criteria for Establishing a Statute of Limitations Period, paragraph (3)(b),for additional information.

    • The TIN owner has also filed a return for the same tax year, and the tax return amounts have been combined/adjusted. In this case it is necessary to keep the correct taxpayer’s information on the account and move the incorrect taxpayer’s information to an IRSN.

      Note:

      This bullet is referring to tax years in which the correct taxpayer's and the incorrect taxpayer's tax account information items have been "mixed." "Mixed" here means that the income amounts were combined, and the tax and any credits were adjusted, if necessary.

    • There is a "-C" freeze on the account. A "-C" freeze indicates the taxpayer is/was in a combat zone and the time period for filing a return for that tax year may have been extended.

      Caution:

      Combat Zone (CZ) accounts, identified by a -C freeze, indicate a taxpayer who is or was serving in a designated combat zone area. NOTE: The -C freeze stays on the account even after the taxpayer is no longer in the CZ. When working an account that contains a -C freeze, additional research is required to determine the taxpayer's CZ status. Research CC IMFOLE for the Combat indicator on Line 11, to determine the correct action to take based on the following:
      If Combat indicator is "1", then the taxpayer is still serving in a combat zone. Any compliance activity such as assessing or collecting tax is prohibited. However, if the taxpayer has other issues or requests information, you may work these other issues and contact the taxpayer if needed.
      If Combat indicator is "2", then the taxpayer is no longer a combat zone participant. Follow normal procedures to work the case.

    • There is a balance owed on the tax year account.

    • The tax year account has an overpayment that must be refunded.

    • The valid taxpayer’s return was moved to MFT 32 in error.

    Caution:

    If there is an indication another area is considering action on the tax year account, e.g., an open control by Exam, Automated Under Reporter (AUR), Collections, etc., contact that area. The tax year may need to be moved based on the action they are taking on the account. Document your contact in the CII notes.

    Exception:

    If the CSED is also expired, an overpayment that must be addressed will not require the invalid return to be moved, unless the valid taxpayer filed a return. See IRM 25.23.4.9.1.1.1, Identity Theft Allegations on Tax Year 2012 and Prior, for additional information.

     
    If Then
    (1) None of the conditions in the bullet-list above are met. Proceed to IRM 25.23.4.9.1.3, Action Required if Not Moving Specific Year Account Information.
    (2) One or more of the conditions in the bullet-list above is/are met. Proceed to IRM 25.23.4.9.1.4, Moving Specific Year Account Information.

25.23.4.9.1.3 (03-16-2023)
Action Required if Not Moving Specific Year Account Information

  1. Take the following actions when you have determined it is not necessary to move posted tax account information. Unless specifically noted, the actions listed in this paragraph apply to identity theft cases (i.e., IDT(X) and IDS(X) cases). The bullet items listed here are related to the actions required on the "IRSN" .

    • Refer the case to your Lead or designated individual for approval not to move the tax account information. The CSR/TE must input a case note of not moved or their determination prior to requesting approval. If approved, the Lead or designated individual must notate approval in the CII Case Notes. The lead and/or manager cannot concur with a determination that is not documented on the case.

    • Establish a name line on the "to" account for the tax year not being moved. Include the name(s), filing status, and spouse's SSN (if applicable) as shown on the return.

    • After the name line has posted on the "to" account, input a TC 971 AC 017 on the "to" account to cross-reference to the "from" account. Use the received date of the return not being moved.

    • For MXEN, IDT(X),IDS(X), SCRM, and SSA2 cases, enter the following CII case note, filling in the applicable year: "Tax Year YYYY not filed by TP. See TC 971 AC 001 X-Ref" .

      Note:

      If reactivation requires obtaining microfilm, a note on CII is sufficient indicating the location of the cross-reference tax year.

     

    Caution:

    The ASED does not apply on a case that has been determined a nullity. The return must be considered valid (verifiable/non-streamline for IDT) in order for the ASED to apply. Refer to paragraph (3)(b) of IRM 25.6.1.6.14, Criteria for Establishing a Statute of Limitation Period, for additional information. If the return is determined to be valid (verifiable/non-streamline for IDT), an IRSN should be assigned for the invalid taxpayer (Taxpayer B).

  2. Take the following additional actions for the tax year(s) that will remain posted on the account. These additional actions listed in this paragraph apply ONLY to MXEN, IDT(X), IDS(X), IDI(X), SCRM, SSA2 cases. The bullet items listed here are related to the actions required on the "SSN" .

    • For the "from" tax year(s) account(s), the tax year(s) account(s) not being moved, change the name line on the tax year(s) to: "NOT FILED] NAMC" . "NAMC" here represents the name control of the taxpayer who owns the SSN. You will type in the name control of the SSN owner instead of typing in "NAMC" . Update the address, if applicable.

    • If the return that posted to the Common Number (CN), on the "from" account tax year has Self-Employment (SE) income, it must be addressed. Input CRN 878/CRN 895 and/or CRN 879/CRN 896 to zero out SE and Medicare income. Input CRN 892/CRN 899 to zero out tip income.

    • If an overpayment on the tax year account not being moved is over one-year old and attributable to the invalid return or payments made by someone other than the valid taxpayer (including levy payments), move such overpayment to excess collections.

      Note:

      If the non-owner of the CN has a different valid TIN, this is a mixed entity (MXEN). When a refund should be issued, the tax year account must be moved to the correct TIN.

    • Any overpayment attributable to the non-owner of the CN that has been offset to a Bureau of Fiscal Services debt must be reversed using HC 4. If the overpayment is over one year old, move it to excess collections. A letter must also be sent to the taxpayer who has the FMS debt, notifying them of the reversal. If the BFS offset is over 6 years old, refer to IRM 21.4.6.4.2.12, TOP Offsets Involving ID Theft and ID Theft with Fraudulent Returns.

    • Reverse any IRS offsets attributable to the non-owner of the CN. If the overpayment is over one-year old, move the overpayment to excess collections. A letter should be sent to the CN owner informing them of the overpayment reversal when returning the offset to the originating module will result in a balance owed for the valid taxpayer. If the year the offset is being moved from is also impacted by identity theft, a closing letter for that tax year may be required to sufficiently describe actions taken to resolve the account. Reversal of the offset does not need to be addressed in more than one letter. Refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional information.

    • If adjusting 2008 and FTHBC was claimed by the invalid taxpayer, see IRM 21.6.4.4.17.4, Manually Adjusting the Recapture Amount, to update the IMFOLF information.

    • Input an appropriate cross reference transaction with the return received date on the "from" account to cross-reference the "to" account. For NMRG cases the "from" account is the tax year on the other side of the No Merge, usually the IRSN.

      • TC 971 AC 001 - Used when moving the TC 150 return
      • TC 971 AC 002 - Used when moving the TC 976 return

25.23.4.9.1.4 (10-01-2023)
Moving Specific Year Account Information

  1. When all information on the CN must be moved to an IRSN, and there is no information on the CN that belongs to the valid taxpayer, the account may be merged. See IRM 21.6.2.4.1, Resequencing Accounts, and its subsections for additional information.

  2. If there are 180 or more days remaining before the ASED expires, reprocess the return.

  3. If there are less than 180 days remaining before the ASED expires, refer to procedures in IRM 25.23.4.9.2 , Statute Imminent Assessments for IDT Cases.

    Caution:

    The ASED does not apply on a case that has been determined a nullity. The return must be considered valid (verifiable/non-streamline for IDT) in order for the ASED to apply. Refer to paragraph (3) (b) of IRM 25.6.1.6.14, Criteria for Establishing a Statute of Limitations Period, for additional information.

     

    Reminder:

    If the tax year account is within 180 days of the ASED, DO NOT abate tax on the "from" account prior to the tax being posted on the "to" account. Once the return has been reprocessed and the tax information has posted, or a prompt assessment has been made on the "to" account, the "from" account may be backed out to the correct amount.

    Reminder:

    If the ASED is expired, NEVER abate tax on an account or attempt to reprocess the return.

  4. If moving posted tax account information is an issue, the ASED is expired for the tax year(s) at issue, and any of the conditions are met, as applicable, in IRM 25.23.4.9.1.2, Tax Year Account Move Conditions-Applicable for IDT(X) and IDS(X) Cases, or IRM 21.6.2.4.6, Tax Year Account Move Conditions-Applicable for MXEN, SCRM, SSA2 and NMRG Cases, take action to move the tax account information as appropriate. If applicable, initiate a manual account transfer using Form 12810, Account Transfer Request Checklist, and route the form and attachments to Accounting. When the valid taxpayer has also filed a return that needs to be processed, also see paragraph (5) below. Form 12810 must include the following information:

    • DLN

    • TIN

    • MFT

    • Tax Period

    • Complete Entity Information

    • IDRS transcript of account

    • Transaction Codes

    • In the Remarks section, input “ID Theft Case” or similar verbiage

    .

    Note:

    After the tax account information has posted, input the applicable item reference numbers (IRN) on the "to" account (e.g., IRN 888, 896).

     

    Note:

    For general information when the tax year account must be transferred via Form 12810 per the guidelines above, see IRM 25.6.1.9.9.3, Correct Records on Expired Statute Periods. Also see bullet items below to expedite the processing and/or prevent delays of Form 12810.

    Reminder:

    When the tax year account must be transferred via Form 12810, the tax year account must be in debit or zero balance. Accounting will reject any requests where the tax year account is showing or will show, once the Form 12810 transfer has been completed, a credit balance. Credit balances must be resolved prior to forwarding Form 12810, whether as a refund to the correct taxpayer, if allowable, or as a transfer to Excess Collections. Make sure the entity information for the IRSN account has posted and all freeze conditions are resolved prior to sending the Form 12810 to Accounting.

     

    Reminder:

    If all other statute expiration dates have expired and there is no indication of activity or pending activity on the tax year account, do not move an incorrectly posted tax year if the Collection Statute Expiration Date (CSED) is expired or has less than 10 months remaining before it expires. No additional account moving action is required on these tax years.

  5. If the TC 150 return will be moved to an IRSN, has an expired ASED, and the valid taxpayer filed a return that needs to be processed, take the following actions:

    1. Move the TC 150 return to the IRSN using Form 12810.

    2. Monitor the accounts for posting of the moved return. Once posted, input a TC 560 on the Common Number account to update the ASED to 3 years from the received date of the valid taxpayer’s original return.

      Note:

      Input a TC 560 with a DLN-CD of 70 or 99 to prevent Unpostable Code 178-2. Use DLN-CD 70 when correcting the ASED to a later date than the posted ASED. Use DLN-CD 99 when correcting the ASED to an earlier date than the posted ASED.

      Caution:

      If the valid taxpayer has filed two returns, and the second return is intended to be superseding, the ASED will be calculated using the received date of the first return. The account will be adjusted to the correct figures on the second return, as allowable.

      Example:

      For TY 2019, the timely filed TC 150 return is determined to be invalid and moved to an IRSN. The valid taxpayer files his original return (posted TC 976) on 6/1/2021 reporting income from 2 employers. The valid taxpayer files a second return (posted TC 976) on 7/15/2021 reporting income from 3 employers. This income is verifiable on CC IRPTR. The ASED will be set based on the valid taxpayer’s original return on 06/01/2021. The account will be adjusted to the allowable figures on the TC 976 return dated 7/15/2021.

  6. See the following IRM sections for proper processing of Form 12810:

    • Form 12810 must be processed within a six-day time frame per IRM 3.17.21.6(1), Master File Account Transfers-Out.

      Reminder:

      Ensure you submit Form 12810 to the appropriate accounting function via EE-Fax or email.

    • Any forms that need to be rejected by SP will be sent back to the originator using an electronic format, by email or EE-Fax. This will prevent unnecessary delays, per IRM 3.17.21.6.1(1), Processing Account Transfers to the Master File (IMF/BMF).

    • The employee assigned to complete the transfer needs to open a control base, using category IRRQ, when it is determined that the transfer request will be processed, per IRM 3.17.21.6.1(8), Processing Account Transfers to the Master File (IMF/BMF).

  7. When Form 12810 has been submitted, open a monitor control with an activity that indicates the reason for follow up using category code "MISC" , and close your case when the only remaining action for the common number ("from" side) is ensuring the account move posts.

    Note:

    If the account move is not posted or pending after 12 weeks, follow local procedures to contact IDTVA P&A to follow up with the appropriate site’s P&A.

25.23.4.9.2 (03-16-2023)

Statute Imminent Assessments for IDT Cases

  1. This section provides instruction for protecting the account when the Assessment Statute Expiration Date (ASED) is imminent (within 180 days of expiration) for Common Number (CN) and Internal Revenue Service Number (IRSN) cases.

  2. Refer to the table below for imminent assessments on the CN module:

    Determination ASED Expiration Actions
    (1) Invalid/Valid 91 - 180 days remain

    1. The adjustment may be input following normal IDRS adjustment procedures.
    (2) Invalid/Valid 90 days or less remain

    1. Refer to IRM 25.23.2.5, Statute Protection, and its subsections to protect the account.

    2. Once the assessment has posted, complete all remaining actions to resolve the IDT issue.
    (3) TC 150 SFR/Valid 91 - 180 days remain

    1. The adjustment may be input following normal IDRS adjustment procedures.
    (4) TC 150 SFR/Valid 90 days or less remain

    1. Refer to IRM 25.23.2.5, Statute Protection, and its subsections to protect the account.

    2. Once the assessment has posted, complete all remaining actions to resolve the IDT issue.
    (5) MFT 32 in Error Regardless of ASED

    1. Follow procedures in paragraph (3) of IRM 25.23.4.15, MFT 32 Cases - Moved in Error, to determine the appropriate actions to take.
    (6) No IDT (with additional actions required) Regardless of ASED

    1. Follow applicable statute procedures for the program type (i.e., DUPF, XRET, MXEN, etc.)

  3. Refer to the table below for imminent assessments on the IRSN module:

    Determination ASED Expiration Actions
    (1) Invalid return must be moved to an IRSN 180 days or more

    1. Reprocess the return.
    (2) Invalid return must be moved to an IRSN Less than 180 days

    1. Refer to IRM 25.23.2.5, Statute Protection, and its subsections to protect the account.

    2. Once the assessment has posted, complete all remaining actions to resolve the IDT issue.

25.23.4.9.3 (03-16-2023)

Addressing Barred Assessments on Identity Theft (IDT) Cases

  1. This section provides information on the identification of a barred assessment and initial case actions to be taken prior to adjusting the account when there is IDT involvement.

  2. A "barred assessment" occurs when a legal tax assessment is not made within the prescribed period for assessment. The prescribed period for assessment can be identified by calculating the Assessment Statute Expiration Date (ASED) as three years from the IRS received date of the return in question. The ASED of each return on the module must be considered separately. A barred assessment is not determined by a refund or balance due, but the inability to assess tax prior to the expiration of the ASED for the return being considered.
    Complete thorough research to ensure there is no alternative means of assessing the tax (e.g., extension to file, extended ASED, Form 12810) before determining the assessment is barred. Refer to IRM 25.6.1.13.2.4, Identifying Barred Statute Cases, for examples of "barred assessments" and tolerance amounts.

  3. Compare the total tax currently on the module to the amount of tax reported on the return being considered. If the total tax currently on the module is more than the tax reported on the return being considered, the assessment is not barred. Refer to the following options:

    1. Invalid/Valid Nullity Case - When the ASED for the valid return has not expired, there is no barred assessment. Follow normal streamline procedures. See IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases.

    2. Invalid/Valid Nullity Case - When the ASED for the valid return has expired, following normal streamline procedures will create a barred assessment if the valid return reports an amount of tax greater than zero. Continue with barred statute procedures.

    3. Invalid/Valid IRSN Case - When the ASED for the valid return has not expired and the ASED for the invalid return reporting verifiable income has expired, there is no barred assessment. Follow procedures in IRM 25.23.4.9.1, Determining When Specific Year Account Information Must Be Moved, to address the invalid return.

    4. Invalid/Valid IRSN Case - When the ASEDs for both returns have expired, the tax on the valid return cannot be assessed. Follow procedures in IRM 25.23.4.9.1, Determining When Specific Year Account Information Must Be Moved, to address the invalid return. Continue with barred statute procedures to process the valid return.

    5. One Return IRSN Case - When the ASED has expired and the tax module has not been abated, follow procedures in IRM 25.23.4.9.1, Determining When Specific Year Account Information Must Be Moved, to address the invalid return. If the tax has been abated, this is a barred assessment due to the erroneous abatement. Continue with barred statute procedures.

  4. The following procedures should only be used for cases identified as a barred assessment or erroneous abatement. For detailed case examples, see the Barred Assessment Checklist job aid on the IDTVA Hub. Before proceeding, perform the following actions:

    1. Scan or attach the valid return to the CII case if the return is not in the images of that case or a linked case. If in a linked case, input a CII case note identifying which case includes the valid return.

    2. Utilize the IDTVA Barred Checklist Referral located on the IDTVA Hub under "Statute" to assist in verifying all appropriate actions have been taken.

    3. Print and retain a copy of any forms and/or worksheets (e.g., Form 1040, Form 5792, Form 8765, Form 12356, penalty calculator, or COMPA) used in the account adjustment(s). The documents will be included with the packet routed to statute.

      Reminder:

      Attach any forms and/or worksheets used to the CII case.

  5. Use the chart below to identify applicable initial case actions:

    If And Then
    (1) The posted TC 150 return meets streamline criteria The valid return has posted as TC 976.

    • Update the ASED even though valid return ASED has expired.

    • Continue to paragraph (6).
    (2) The posted TC 150 return meets streamline criteria The valid return has not posted as TC 976 (e.g., TC 977, TPRQ, paper return, transcript, TC 599 AC 089).

    Note:

    TC 599 CC 089 determines ASED.

    • Update the ASED even though valid return ASED has expired.

    • Follow procedures in IRM 25.23.4.6.5.2, Unprocessed Documents, to post the valid return as a TC 976.

    • Continue to paragraph (6).
    (3) The posted TC 150 return meets streamline criteria and there is a good address for the valid taxpayer There is a TC 610 payment without an extension to file,

    OR

    Rejected returns on CC match the invalid return meeting streamline criteria,

    AND/OR

    A valid return has not been received.

    Note:

    The TC 610 payment determines the ASED. If multiple TC 610 payments are present, the last one determines the ASED.

    • Follow procedures in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), to request the valid taxpayer’s return.

    • Once the return is received, follow procedures in IRM 25.23.4.6.5.2, Unprocessed Documents, to post the TC 976. Use the TC 610 payment date as return received date.
    (4) The posted TC 150 return meets streamline criteria and there is no good address or response received from the valid TP

    AND

    The TC 610 payment is equal to the amount that is barred,    		 There is a TC 610 payment without an extension to file,

    OR

    Rejected returns on CC TRDBV match the invalid return meeting streamline criteria,

    AND/OR

    A valid return has not been received.

    Note:

    The TC 610 payment determines the ASED. If multiple TC 610 payments are present, the last one determines the ASED.

    		 Continue to paragraph (6).
    (5) The posted TC 150 return meets streamline criteria and there is a good address for the valid taxpayer There is a TC 610 payment with an extension to file,

    OR

    Rejected returns on CC TRDBV do not match the invalid return meeting streamline criteria,

    A valid return has not been received.

    • Follow procedures in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), to request the valid taxpayer’s return.
    (6) The posted TC 150 return meets streamline criteria and the valid return is received without a statement the taxpayer had previously filed There is a TC 610 payment with an extension to file,

    OR

    Rejected returns on CC TRDBV do not match the invalid return meeting streamline criteria

    AND/OR

    A valid return has not been received.

    • Change the TC 610 payment to a TC 670 payment using the same transaction date and a TC 570.

    • Follow IRM 25.23.4.6.5.2, Unprocessed Documents, if applicable.

    • use the return received date to determine if the valid ASED is open or expired. If the ASED is open, there is no barred assessment. If the ASED is expired, continue to paragraph (6).
    (7) The posted TC 150 return meets streamline criteria and the valid return is received with a statement the taxpayer has previously filed There is a TC 610 payment with an extension to file,

    OR

    Rejected return(s) on CC TRDBV do not match the invalid return meeting streamline criteria

    AND/OR

    A valid return has not been received.

    • Do not change the TC 610 payment to a TC 670 payment.

    • Continue to paragraph (6).
    (8) The posted TC 150 return meets streamline criteria and there is no good address for the valid taxpayer or response received There is a TC 610 payment with an extension to file,

    OR

    Rejected return(s) on CC TRDBV do not match the invalid return meeting streamline criteria

    AND/OR

    A valid return has not been received.

    • Change the TC 610 payment to a TC 670 payment using the same transaction date and a TC 570.

    • Follow applicable procedures in IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases, to resolve the identity theft issue. There is no barred assessment to consider.
    (9) The posted TC 150 return meets streamline criteria, the TC 976 return was filed by the valid taxpayer, and the module does not reflect the valid return figures, as allowable The adjustment input went unpostable,

    OR

    The account was backed out in error,

    OR

    The adjustment input was incorrect (i.e., incorrect amount of tax, credits, etc.).

    • Do not refer the case back to the person who previously worked the case.

    • Update the ASED even though valid return ASED has expired.

    • Continue to paragraph (6).
    (10) There is no TC 150 posted,

    AND

    An MFT 32 module is present,

    AND/OR

    A GUF Voided/Deleted return meeting streamline criteria is present    		 MFT 32 or GUF Voided/Deleted return (different DLN) is valid

    OR

    The valid return reprocessed to a different TIN or tax period (e.g., invalid side of TIN, mixed entity, or mixed period).    		 If the valid return ASED has expired:

    • Prepare a dummy return with zero tax liability complete with entity and exemption information. Send to SP for processing.

      Note:

      Form 1040 must be used when processing a dummy return. Forms 1040-A and 1040-EZ will unpost.

    • Edit the return in red:
      • Across the top of Form 1040 write "Dummy return prepared by IDTVA to post TC 150 for $.00" and "Use long entity" (or similar).

    • Below the entity section write "Do NOT "G" Code" (or similar).

    • Use original return received date.

    • Suspend the case until the TC 150 has posted.

    • Continue to paragraph (6).



    If the valid return ASED has not expired:

    • There is no barred assessment. Follow procedures in , Moving Specific Year Account Information, to determine the appropriate actions to move the valid return to the correct TIN/module as a TC 150.
    (11) The posted TC 150 return is valid, and the module reflects RIVO indicators RIVO backed out the valid return with or without IDT involvement,

    • Refer to IRM 25.23.4.8.1.1, Identity Theft (IDT) with RIVO Involvement, for account actions.

  6. When the valid taxpayer’s return is reporting a balance due, determine the amount of penalty and/or interest that cannot be assessed. This applies whether the return was timely filed or late, regardless of whether the balance was paid in full, partially paid, or remains unpaid. The amount of the barred assessment includes penalties and interest when determining the total amount lost to the IRS. Applicable penalties including Estimated Tax (ES) penalty, Failure to File (FTF) penalty, and Failure to Pay (FTP) penalty as well as interest are calculated to the ASED of the return being considered when determining the total amount of the barred assessment.

    Caution:

    The (IRN) 871 procedures will not be followed when the ASED has expired.

    • FTF assessed for a maximum of 5 months

    • FTP calculated from the return due date to the ASED

    • Interest calculated on the unpaid balance, plus applicable penalties, to the ASED


    Refer to IRM 20.1.2, Failure To File/Failure To Pay Penalties, IRM 20.1.3, Estimated Tax Penalties, and IRM 20.2.5, Interest on Underpayments, for additional information.

    Example:

    A 2012 valid return was received 09262013 with a balance due. No extension or history of an extension was present, and no payments were made on the account. Penalties should be calculated as follows:
    • FTF assessed for 5 months (maximum)
    • FTP calculated from 04152013 to 09262016
    • Interest computed for the balance, plus applicable penalties to 09262016

  7. After all initial case actions have been taken, continue to IRM 25.23.4.9.3.1, Adjusting Accounts with Barred Assessments, for adjustment and closing actions.

    Note:

    Employees resolving a barred assessment with compliance involvement will refer to IRM 25.23.4.9.3.2, Resolving a Barred Assessment with Compliance Issues (IDTVA Specialty Functions Only).

25.23.4.9.3.1 (03-16-2023)
Adjusting Accounts with Barred Assessments

  1. All required actions from previous IRM guidance must be taken before adjusting the account.

    Reminder:

    Identity theft case actions and coding still apply when resolving a barred assessment account (e.g., RC 139, offsets, IDT indicators, secondary taxpayer, etc.).

  2. When the valid taxpayer files a return, the account must be adjusted to reflect the return information, as allowable. Follow procedures below when inputting the adjustment to the valid return figures. DO NOT back out the account. The current tax amount must remain on the account to protect that portion of the otherwise barred tax and will be accounted for when figuring the adjustment.

    1. Math verify the valid return. Follow procedures in IRM 21.5.4, General Math Error Procedures, to identify math errors and determine if the adjustment will require initial math error actions.

    2. If the return does not meet math error criteria but reflects information that is not allowable based on law or regulation, follow procedures in IRM 21.5.3.4.6, No Consideration and Disallowance of Claims and Amended Returns, to determine if the corrective action requires disallowance, partial disallowance, or no consideration actions.

    3. Recompute tax and/or credits, if necessary.

    4. Determine the amount of tax that cannot be assessed.

    5. Input the adjustment to the return figures, as allowable. Include appropriate Item Reference Numbers (IRN) and Credit Reference Numbers (CRN) to reflect the correct amount of dependents/exemptions, adjusted gross income (AGI), taxable income (TXI), self-employment tax (SE tax), Earned Income Tax Credit (EITC), Additional Child Tax Credit (ACTC), etc. Use HC 4. Include the appropriate Blocking Series (BS) if setting a math error or partially disallowing the claim. If fully disallowing the claim, input a separate TC 290.00 with the appropriate blocking series.

      Caution:

      If the invalid return(s) and subsequent adjustments to the module result in a total tax of more than .00 on the module, refer to paragraphs (3)-(4) below before adjusting the account.

    6. If the valid return is reporting a balance due and was not fully paid by the Return Due Date (RDD), IRN 871, PC 2 procedures cannot be used. As the ASED is expired, in this case you cannot assess any penalties with any amounts other than .00 (e.g., TC 160 .00, TC 270 .00, TC 170 .00, etc.).

    7. If following math error procedures, no consideration procedures, or disallowing in full or part, issue the appropriate letter to provide an explanation of the changes made. Include appeal rights, when applicable.

    8. Follow normal statute procedures for determining if payments are refundable. See IRM 25.6.1.5, Basic Guide for Processing Cases with Statute of Limitations Issues, for more information.

    9. When the valid return is reporting a refund that is allowable and tax cannot be assessed due to the ASED expiration, the result of the adjustment input will be a credit on the module that is more than what the taxpayer is entitled to receive. Issue a manual refund for the amount of the allowable refund, plus applicable credit interest, when applicable.

    10. Use Form 8758 to apply the credit remaining on the account to the Excess Collection File. The amount of refundable credits applied should equal the amount of tax that was barred from assessment.

      Note:

      Refer to IRM 25.6.1.7.3.1, Transferring Credit to XSF, for additional guidance. Refer to IRM 21.5.6.4.8, -D Freeze, for guidance on how to resolve -D freeze accounts.

  3. Procedures have been established to allow for tax posted to a module from an invalid return to be used to prevent or reduce the amount of a barred assessment under IRC 6201(a)(1).

  4. When the valid taxpayer’s return is reporting tax in an amount that is more than zero and the ASED for the valid return has expired, follow the procedures below to protect the assessment, when possible.

    1. When the total tax on the module is less than the amount of tax reported on the valid return, do not input an adjustment to back out the account. Adjust the account to the figures on the valid return, as allowable. This results in a barred assessment that is less than it would be if the account was fully backed out first. See Example 1: Barred Assessment.

      Example:

      #1 The TC 150 return for TY 2012 is determined to meet streamline criteria. The valid taxpayer filed a refund return reporting tax of $5,000 and withholding of $7,500. The ASED for the valid return is expired. Based on the original return, the account shows TC 150 tax of $3,000, and withholding of $5,000. The valid taxpayer files their original return that posts as a TC 976. The return is not processed prior to the expiration of the ASED. The tax on the account is less than the amount of tax reported on the valid taxpayer’s return. The result is a barred assessment for the amount that cannot be assessed "$2,000" .

    2. When the total tax on the module is more than the amount of tax reported on the valid return, do not input an adjustment to back out the account. Adjust the account to the figures on the valid return, as allowable. This will prevent a barred assessment. See Example 2: Not a Barred Assessment.

      Example:

      #2 The TC 150 return for TY 2013 is determined to meet streamline criteria. The valid taxpayer filed a refund return reporting tax of $1,000 and withholding of $1,500. The ASED for the valid return is expired. Based on the original return, the account shows TC 150 tax of $2,000, and withholding of $3,500. The valid taxpayer files their original return that posts as a TC 976. The return is not processed prior to the expiration of the ASED.
      The tax on the account is more than the amount of tax reported on the valid taxpayer’s return. The account can be adjusted to the valid return figures to prevent a barred assessment.

  5. Follow IRM 25.23.4.6.3, IDTVA Research, Verification, and Requests, for remaining identity theft actions.

  6. After adjusting the account and resolving the identity theft issue, the barred assessment will be referred to your local statute unit per IRM 25.23.2.5.4, Barred Statutes, using the following guidelines.

    1. Open a monitoring control base per IRM 25.23.4.3.1, CII and IDRS Case Controls, until all adjustments have posted to ensure the IDT issue has been fully resolved.

    2. Attach a completed copy of the IDTVA Barred Checklist Referral to Statute to the CII case.

    3. Prepare the packet for referral to statutes and complete the following actions:

    1. Print the valid return, CII case with all notes, penalty and interest computations, TXMODA (including case status history), forms used in case actions (e.g., 5792, 12356), and IDTVA Barred Checklist Referral to Statute.

    2. Prepare Form 3210, Document Transmittal, to route the entire package to your local statute unit. Include in the remarks section "ID Theft Barred Assessment amount $XX.XX" and "ID Theft issue reported" IRM 25.6.1.13.2.1, Barred Statute Report (Form 9355/3999).

    3. Leave a CII case note with the same remarks as the Form 3210, route package to your local statutes unit, and close the CII case if all issues have been addressed.

25.23.4.9.3.2 (03-16-2023)
Resolving a Barred Assessment with Compliance Issues (IDTVA Specialty Functions Only)

  1. This section of the IRM is for employees resolving a barred assessment on an identity theft case with compliance involvement (IDTVA Specialty Functions Only). Refer to the instructions in IRM 25.23.4.9.3, Addressing Barred Assessments on Identity Theft (IDT) Cases, and IRM 25.23.4.9.3.1, Adjusting Accounts with Barred Assessments, in addition to the instructions within this IRM section.

  2. Procedures have been established to allow for tax posted to a module from a tax return meeting streamline criteria and/or additional valid assessments to be used to prevent or reduce the amount of a barred assessment.

  3. A statutory notice of deficiency may have been issued to assess and collect income tax, estate tax, gift tax, and certain excise and employment tax deficiencies, per IRM 25.6.1.9.6.2, Statutory Notice of Deficiency (90 Day Letter). The determination whether a Compliance assessment can be used to protect the account from containing a barred assessment depends upon the issuance of the notice of deficiency. Use the table below to determine if tax from a compliance assessment can be used to protect the account from being considered barred.

    If And Then
    (1) Notice of Deficiency was issued

    • Was sent to the valid taxpayer’s address of record at the time of issuance, and

    • Meets all required criteria for notice of deficiency (e.g., tax and penalty calculations, waiver, and taxpayer rights)

    • The valid Compliance assessment can be used to protect the account from being considered barred.

    • Continue to paragraph (4).
    (2) Notice of Deficiency was issued

    • Was sent to an address other than the valid taxpayer’s address of record at the time of issuance, or

    • Does not meet all required criteria for notice of deficiency (e.g., tax and penalty calculations, waiver, and taxpayer rights)

    • The invalid Compliance assessment cannot be used to protect the account from being considered barred and must be abated.

    • Continue to paragraph (4).

  4. Once you have determined if the Compliance assessment is valid or invalid, follow the table below to decide if there is a barred assessment and what actions to take.

    Note:

    Total tax equals the tax assessed from the original TC 150 return plus any additional TC 290/300 assessments minus any additional TC 291/301 abatements.

    Caution:

    To protect the account from being barred, DO NOT back out the account, if the taxpayer’s valid return reports a tax amount and there is tax on the current account module. The current tax amount must remain on the account to protect that portion of the otherwise barred tax and will be accounted for when figuring the adjustment.

    If And Then
    (1) The Compliance assessment is valid and there is no barred assessment, The total tax on the module is greater than or equal to the tax on the taxpayer’s valid return, Adjust the account to the figures on the valid return, as allowable, following your functional IRM guidance for IDTVA cases involving Compliance issues. See IRM 25.23.10, Compliance Identity Theft Case Processing.
    See Example 2 below.
    (2) The Compliance assessment is valid and there is a barred assessment, The total tax on the module is less than the tax on the taxpayer’s valid return,

    • Adjust the account to the figures on the valid return, as allowable, following IRM 25.23.4.9.3.1, Adjusting Accounts with Barred Assessments.

    • The barred tax is the total amount that cannot be assessed (difference between the tax on the taxpayer’s valid return and the total tax on the account).
    (3) The Compliance assessment is invalid and there is no barred assessment, The total tax on the module, not including the Compliance assessment, is greater than or equal to the tax on the taxpayer’s valid return, Adjust the account to the figures on the valid return, as allowable.
    See Example 1 below.
    (4) The Compliance assessment is invalid and there is a barred assessment, The total tax on the module, not including the Compliance assessment, is less than the tax on the taxpayer’s valid return,

    • Adjust the account to the figures on the valid return, as allowable, following IRM 25.23.4.9.3.1, Adjusting Accounts with Barred Assessments.

    • The barred tax is the total amount that cannot be assessed (difference between the tax on the taxpayer’s valid return and the total tax on the tax account).


    See Example 3 below.

  5. See the IDTVA Barred Checklist Referral job aid on the IDTVA Hub.

    Example:

    # 1 - Not a Barred Assessment (Invalid Compliance Assessment)
    The TC 150 return for TY 2013 is determined to be a nullity. The valid taxpayer filed a return reporting tax of $2,000 and withholding of $3,000. The ASED for the valid return is expired. Based on the original (invalid) return, the account shows TC 150 tax of $5,000, withholding of $7,000, and AOTC of $2,000. A refund of $4,000 was issued to the invalid taxpayer by direct deposit. A CP 2000 was issued to an address other than the valid taxpayer’s last known address proposing a tax increase of $8,000, an increase to withholding of $1,500, and removal of AOTC. No response was received, and a default assessment posted. The taxpayer files Form 14039 stating the refund from the current year return was applied to a balance owed for TY 2013. The taxpayer reports someone else is earning income under their SSN and states they mailed their return in January 2015. Research confirms the taxpayer is a victim of income and refund related identity theft.
    The tax assessed based on the CP 2000 cannot be considered when determining if there is a barred assessment. Because of the TC 150 tax of $5,000 is more than the tax of $2,000 reported by the valid taxpayer, the account will be adjusted to the valid taxpayer’s return figures, preventing a barred assessment.

    Example:

    # 2 - Not a Barred Assessment (Valid Compliance Assessment)
    The TC 150 return for TY 2011 is determined to be a nullity. The valid taxpayer filed a return reporting tax of $8,000 and withholding of $2,000 which posted as a TC 976. The ASED for the valid return is expired. Based on the original (invalid) return, the account shows TC 150 tax of $1,000, ACTC of 3,000, and EIC of $5,000. Exam is holding the refund pending verification of relationship and residence for the dependents listed. A statutory notice is issued to the valid taxpayer’s address. No response was received, and the account is adjusted to remove the dependents and related credits. The result is an increase in tax of $10,000. The case with the TC 976 return is routed to Exam as audit reconsideration. After contact with taxpayer, the taxpayer files Form 14039 to report someone else filed the first return received for TY 2011. The case is referred to IDTVA.
    The tax assessed based on the Exam audit can be considered when determining if there is a barred assessment, because the notice of deficiency was issued to the valid taxpayer’s last known address. The TC 150 amount plus the TC 300 amount totaling $11,000 is more than the amount of tax reported on the valid taxpayer’s return. The account will be adjusted to the valid taxpayer’s return figures, preventing a barred assessment.

    Example:

    # 3 - Partially Barred Assessment - (Invalid Compliance Assessment)
    The TC 150 return for TY 2012 is determined to be a nullity. The valid taxpayer filed a return reporting self-employment income, total tax of $6,000, estimated tax payments of $4,000, and a balance due of $2,000 which posted as a TC 976. The ASED for the valid return is expired. Based on the original return, the account shows TC 150 tax of $3,000, and withholding of $5,000. A CP 2000 proposing a tax increase of $9,500 based on non-employee compensation is issued to an address other than the valid taxpayer’s last known address. No response was received, and the assessment was made. The case with the TC 976 return is routed to AUR for audit reconsideration. After contact with the taxpayer, the taxpayer files Form 14039 to report someone else filed the first return received for TY 2012. The case is referred to IDTVA.
    The tax assessed based on the CP 2000 cannot be considered when determining if there is a barred assessment, because the notice of deficiency was issued to an address other than the valid taxpayer’s last known address. The TC 150 amount is less than the amount reported on the valid taxpayer’s return. The modules are adjusted to the taxpayer’s return figures. This results in a barred assessment of $3,000 plus applicable penalties and interest.

    Example:

    # 4 - Erroneous Abatement
    The timely filed TC 150 return for TY 2014 is determined to be a nullity. The valid taxpayer filed a return reporting tax of $.00 and withholding of $2,500 which posted as a TC 976. Form 14039 is included with the return. The ASED for the valid return is expired. Based on the original return, the account shows TC 150 tax of $5,000, and withholding of $6,000. A CP 2000 proposing a tax increase of $2,000 based on unreported income is issued to the valid taxpayer’s last known address. No response was received, and the assessment was made. An adjustment to the valid return figures is input. After being selected for quality review, it is determined the nullity procedures followed were incorrect. The case does not meet streamline criteria.
    The ASED for the TC 150 return is expired, and the tax originally assessed was abated in error. The invalid return cannot be processed to an IRSN due to the expired ASED creating a barred assessment due to erroneous abatement.

25.23.4.10 (12-20-2022)

Resolving Identity Theft (IDT) Cases

  1. Review the following subsection titles to identify your case scenario. Follow the guidance to resolve your case.

    • Invalid Return/Valid Return - No Lost Refund

    • Invalid Return/Valid Return - Lost Refund

    • Valid Return/Invalid Return

    • Two or More Invalid Returns (No Valid Return) - No Lost Refund

    • Two or More Invalid Returns (No Valid Return) - Lost Refund

    • One Invalid Return - No Lost Refund

    • One Invalid Return - Lost Refund

    • Identity Theft (IDT) Cases/Transcripts with RIVO and/or TPP Involvement - Resolution Tables

    • IRSN Required for Identity Theft (IDT) Return

    • Income Related Identity Theft (IDT)

    • Identity Theft (IDT) with Offsets

    • Identity Theft (IDT) and Restitution

    • Amended Returns and Identity Theft (IDT)

    • Identity Theft (IDT) - Previous Action

  2. If the victim is a secondary filer on a joint return:

    • Input TC 594 CC 084 on the secondary TIN to cross reference the primary TIN if one has not systemically generated already.

    • Reverse the TC 971 AC 522, if one is present, with MISC Code "OTHER" on the primary TIN/joint account only when the primary taxpayer wasn’t a victim.

  3. When all of the following conditions are met, the identity theft issue does not affect tax administration. The case will be closed with a TC 971 AC 504 upon completion of any actions necessary to resolve the case:

    • The only invalid return(s) on the module are rejected attempts to file (no invalid returns accepted)

    • Form 14039 was received

      Exception:

      If the account meets these criteria and the taxpayer is a victim of income related identity theft, see IRM 25.23.13, Income Related Identity Theft, for applicable procedures.

  4. Determine whether the account will be in a balance due status after adjustment action posts. If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed. Take action to resume collection activity when appropriate. Refer to IRM 25.23.4.12.3, Collection Activity - Resume Collection Actions, for guidance.

  5. If an invalid return includes dependents, you may IRS identify the IDT issue for each dependent a claim has not been received for. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, for additional information.

25.23.4.10.1 (10-01-2023)

Invalid Return/Valid Return - No Lost Refund

  1. The following procedures must be used when the IDT return posted first and the refund was NOT lost:

    Reminder:

    If the invalid return includes dependents, dependent related identity theft must be considered. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, for additional information.

    1. When resolving cases for the current or two immediately preceding tax years, input TC 971 AC 850 when the IDT return requested a Direct Deposit.

    2. Adjust the account to reflect the valid return figures, as allowable. Input the adjustment as NSD using Blocking Series 00 (to indicate the adjustment is from the original return) and Reason Code 139 (to indicate the identity theft issue). Include PD 2 if inputting an address update or the invalid return requested a direct deposit and the refund was not issued. Notate in remarks "Identity Theft" or similar remarks.

      Reminder:

      If setting a math error or disallowing a claim, use the appropriate Blocking Series. See IRM 21.5.2.4.22, Blocking Series (BS).

      Note:

      It may be necessary to use a different post delay depending on the facts and circumstances of the case. For example, if transferring a credit into the module the adjustment will be input on, PD 3 should be used.

    3. If the valid return was received after the return due date, refer to IRM 20.2.4.5, Unprocessible Returns, and IRM 20.2.4.5.1, Updating the RPD on Unprocessible Returns, for additional guidance. For the purpose of updating the RPD, this IRM section will be used for official guidance.

    4. If the valid return has a balance due and FTP is required, refer IRM 20.1.2.2.6.3, Wrong Return Posted First, for additional guidance.

    5. If an EITC recertification indicator was placed on account because of an IDT return, reverse the indicator. Refer to IRM 4.19.14.7 (6), Recertification, for additional guidance.

    6. Use Priority Code 1 if the return requires DIF scoring.

    7. Use the appropriate HC to prevent issuing erroneous notices and/or an erroneous refund. You must use HC 4 when a manual refund is required or for any other condition that requires the credit to be held (e.g., a missing signature on the valid return). See paragraph (4) of IRM 25.23.4.6.5.3, Missing Information, for additional guidance.

    8. See (2) below for ACA consideration if adjusting the 2014 tax year or later.

    9. Address any incorrect Combat Zone changes made to the account if the valid taxpayer was in a Combat Zone. Combat Zone (CZ) accounts are identified by a -C freeze and indicate a taxpayer who is or was serving in a designated combat zone area. The -C freeze stays on the account even after the taxpayer is no longer in the CZ. When working an account that contains a -C freeze, additional research is required to determine the taxpayer's CZ status.

      1. Research CC IMFOLE for the Combat indicator on Line 11, to determine the correct action to take.

      2. If Combat indicator is "1," then the taxpayer is still serving in a combat zone. Any compliance activity such as assessing or collecting tax is prohibited. However, if the taxpayer has other issues or requests information, you may work these other issues and contact the taxpayer, if needed.

      3. If Combat indicator is "2," then the taxpayer is no longer a combat zone participant. Follow normal procedures to work the case.

    10. If the IDT year is 2008 and First Time Home Buyer Credit (FTHBC) was received from the TC 150, see IRM 21.6.4.4.17.4, Manually Adjusting the Recapture Amount.

    11. Adjust the Assessment Statute Expiration Date (ASED), if necessary. Notate on CII "DUP (DLN) (last 6 digits of the DLN xxxxx-x) becomes the original" or similar remarks.

    12. Correct the entity module to reflect the SSN owner’s address using information available on CII, AMS, and IDRS to determine the most appropriate address.

    13. See the IDT closing letter chart in Exhibit 25.23.4-10, IDT Closing Letter Decision Chart, to determine which closing letter to send.

    14. Input the appropriate IDT Tracking Indicator Code, TC 971 AC 501 or TC 971 AC 506, on the entity module of the CN with the appropriate Posting Delay Code. The TRANS-DT will automatically populate with the input date. Enter the tax year at issue in the SECONDARY-DT field as MMDDYYYY where YYYY reflects the tax year in question. This date must not be later than the current date.

      Caution:

      If ENMOD already reflects a TC 971 AC 501 with Tax Administration Source Code: INCOME, INCMUL, MULTFL, NOFR or OTHER for the same tax year, indicating taxpayer documents were filed, do NOT input a second code.

    15. If the valid return indicates election was made for the Presidential Election Campaign Fund (PECF) and the IDT return did not, then prepare a dummy Form 1040X. Refer to procedures in IRM 21.6.7.4.12, Presidential Election Campaign Fund (PECF).

    16. Forward the return to Examination for DIF scoring if it meets any of the criteria in IRM 21.5.2.4.23.6, Discriminant Index Function (DIF) SCORE or CLASSIFICATION "Send Return(s) to Examination for Review". DO NOT refer Forms 1040EZ.

    17. If the IDT Return does not meet criteria for treatment as a nullity, see IRM 25.23.4.10.9, IRSN Required for Identity Theft (IDT) Return, for guidance on additional actions required.

    18. If the IDT Return can be nullified, then refer to IRM 25.23.4.6.3, Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, to ensure all actions have been taken, as applicable.

  2. For 2014 and later returns, correct the account to reflect provisions of the Affordable Care Act (ACA).

    1. Compute the Premium Tax Credit (PTC) and all related data elements. See IRM 21.6.3.4.2.12.4, Tools for Accessing ACA-Related Taxpayer Data, and IRM 21.6.3.4.2.12.7, Adjusting the Account.

    2. Determine the taxpayer’s liability for the Shared Responsibility Payment (SRP). See IRM 21.6.4.4.20.3, Shared Responsibility Payment Overview.

    3. Before finalizing your case, also refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, to ensure all actions have been taken, as applicable.

  3. If the valid taxpayer is due a refund, the refund should be systemically released unless an exception applies. See IRM 21.4.4.3 (3), Why Would a Manual Refund Be Needed?, for situations that may still require a manual refund. When it is necessary to issue a manual refund, HC 4 must be used. Refer to IRM 21.4.4.2, What is a Manual Refund?, and IRM 21.4.4.5, Preparation of Manual Refund Forms, for additional guidance on issuing a manual refund.

    Note:

    If a manual refund is required and the return meets criteria for DIF scoring, the manual refund should be issued before the return has been DIF Scored.

    Exception:

    If the SSN owner (or the spouse of the SSN owner) filed a Form 8379, Injured Spouse Allocation, and your site does not work injured spouse cases do not attempt to issue a refund. Instead follow the instructions in (4) below.

  4. If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.

  5. If the SSN owner (or the spouse of the SSN owner) filed an injured spouse claim, correct the account to reflect the valid return data and then refer the Debtor Master File Case (DMFC) to the specialty group to process the injured spouse claim:

    1. Follow all instructions in (1), (2) and (3) above except use HC 4 on the adjustment and/or use TC 570 on credit transfers to hold the overpayment.

    2. After inputting all account actions, close the CII case.

    3. Open a new CII case with Category Code "DMFC" . Assign the case to IDRS number located on the Accounts Management Site Specialization Temporary Holding Numbers listing located on SERP. For the required fields, input the Doc Type as "Injured Spouse Claim" , use Program and Function Code "ADJ-710-97140," "Priority 2" and reason "Form 8379 attached" .

      Reminder:

      If your site works both IDT case work and injured spouse case work, do not reassign the case. The case should be retained and worked within your site.

    4. Link the new CII case to the closed CII case.

25.23.4.10.2 (03-09-2021)

Invalid Return/Valid Return - Lost Refund

  1. Follow the guidance in IRM 25.23.4.10.1, Invalid Return/Valid Return - No Lost Refund, to adjust the account to reflect the valid return data.

  2. If a refund was issued on the CN to the filer of the TC 150 return, it must be moved to the 150 taxpayer’s IRSN if that return cannot be nullified. See IRM 21.5.2.4.23.10, Moving Refunds, for moving refund procedures.

  3. If a refund was issued on the CN to the filer of the TC 150 return and that return can be nullified, offset the lost refund (associated with the IDT return) to GL 1545. Refer to IRM 25.25.4.7, Reversing Identity Theft Lost Refunds, for additional guidance.

25.23.4.10.3 (12-20-2022)

Valid Return/Invalid Return

  1. The following procedures must be used when the valid return posted first and the account has not been adjusted to the invalid return figures:

    Reminder:

    If the invalid return includes dependents, dependent related identity theft must be considered. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, for additional information.

    1. Input TC 290 .00 with Blocking Series 05 and Reason Code 139 to release the -A freeze. No source document is needed as the valid return has already been processed. Notate in remarks "Identity Theft" or similar remarks.

    2. If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.

    3. Update the entity for the SSN owner if the original information has changed.

    4. See the IDT closing letter chart in Exhibit 25.23.4-10, IDT Closing Letter Decision Chart, to determine which closing letter to send.

    5. Input the appropriate IDT tracking indicator, TC 971 AC 501 or TC 971 AC 506, with the appropriate Posting Delay Code on the entity module. Use the SECONDARY-DT field to indicate the tax year in question. Use the TRANS-DT field to indicate the current (input) date. Input "WI ITVAA MULTFL" or other appropriate Tax Administration Source Code in the MISC field.
      Other Tax Administration Source Codes available to be used when warranted are:

      NOFR
      INCMUL
      INCOME
      OTHER

    6. If the IDT Return does not meet criteria for treatment as a nullity, see IRM 25.23.4.10.9, IRSN Required for Identity Theft (IDT) Return, for guidance on additional actions required.

    7. If the IDT Return can be nullified, then refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, to ensure all actions have been taken, as applicable.

  2. When the valid return posted first and the account has been adjusted to the invalid return figures, refer to IRM 25.23.4.10.12.1, Amended Returns and Identity Theft (IDT) - Valid/Invalid.

25.23.4.10.4 (12-20-2022)

Two or More Invalid Returns (No Valid Return) - No Lost Refund

  1. The procedures below must be used when two or more IDT returns were filed (i.e., the TC 150 and TC 976 are both invalid) and all of the following are met:

    Reminder:

    If the invalid return includes dependents, dependent related identity theft must be considered. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, for additional information.

    • Returns meeting the criteria to be nullified as described in IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, may be nullified.

    • All other invalid returns must be resolved following non-streamline procedures.

      Reminder:

      Caution must be used when resolving statute year accounts. Refer to IRM 25.23.4.9.1.2, Tax Year Account Move Conditions - Applicable for IDT(X) and IDS(X) Cases, for additional information.

    1. Zero out the account - input TC 29X, Blocking Series 05, SC 0, Reason Code 139, and "NSD" with appropriate remarks indicating the adjustment is related to identity theft.

    2. Use a HC to prevent issuance of erroneous notices to the taxpayer. For additional information on Hold Codes, see IRM 21.5.2.4.15, Rules on Hold Codes (HC).

    3. Correct the entity module to the appropriate address for the SSN owner. If you are unable to determine an appropriate address, update the address to the address of the service center.

    4. Input TC 971 with Action Code 001 if the TC 150 return cannot be nullified. Enter the IRSN that is associated with the TC 150 return as the cross-reference.

    5. Input TC 971 with Action Code 002 if the TC 976 document(s) cannot be nullified. Enter the IRSN that is associated with the TC 976 return(s) as the cross-reference.

    6. Input TC 971 with Action Code 017 on IRSN accounts after the TC 000(s) post. Enter the CN TIN as the cross-reference.

      Note:

      Close the CII base, monitor the TC 000 posting and then input the TC 971 AC 017.

    7. Transfer payments to the correct account, if necessary.

    8. Take the appropriate steps to reprocess/post tax returns that cannot be nullified to the IRSNs. See IRM 21.5.2.4.23, Reprocessing Returns/Documents.

    9. See the IDT closing letter chart in Exhibit 25.23.4-10, Identity Theft (IDT) Closing Letter Decision Chart, to determine which closing letter to send.

    10. Input TC 971 AC 501 or AC 506, whichever is appropriate, with a posting delay of 2 cycles on the entity module of the CN. Use the SECONDARY-DT field to indicate the tax year in question. Use the TRANS-DT field to indicate the current (input) date. Input "WI ITVAA MULTFL" or other appropriate Tax Administration Source Code in the MISC field.
      Other Tax Administration Source Codes available to be used when warranted are:

      NOFR
      INCMUL
      INCOME
      OTHER

    11. Add a case note on CII and/or the TIN-Related Worksheet "CSR determined both returns invalid."

      Note:

      For the purpose of this subsection, do not correspond with the non-owners of the CN. If you are able to determine an appropriate address for the CN owner, update the entity. Then send an appropriate letter.

    Reminder:

    If all case actions have been completed and you are monitoring the account to ensure proper posting, close the case and establish a monitor base on IDRS using Category Code "MISC" with the current date as a received date.

    Note:

    If a statute or statute imminent return is involved, refer to IRM 25.23.4.9.1, Determining When Specific Year Account Information Must Be Moved.

  2. Follow procedures in IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, to determine if the valid taxpayer has a filing requirement and address unfiled returns.

  3. Follow procedures in IRM 25.23.13.3.1, Form 9409 Procedures - IRS/SSA Wage Worksheet, when wage income reported under the CN was not earned by the valid taxpayer (i.e., CN owner did not work and the TC 150 return includes verifiable wages).

25.23.4.10.5 (03-09-2020)

Two or More Invalid Returns (No Valid Return) - Lost Refund

  1. Follow the guidance in IRM 25.23.4.10.4, Two or More Invalid Returns (No Valid Return) - No Lost Refund, to zero the account and address unfiled returns.

  2. If a refund was issued on the CN to the filer of the TC 150 return, it must be moved to the TC 150 taxpayer’s IRSN if that return cannot be nullified. See IRM 21.5.2.4.23.10, Moving Refunds, for moving refund procedures.

  3. If a refund was issued on the CN to the filer of the TC 150 return and that return can be nullified, offset the lost refund (associated with the IDT return) to GL 1545. Refer to IRM 25.25.4.7, Reversing Identity Theft Lost Refunds, for additional guidance.

25.23.4.10.6 (12-20-2022)

One IDT Return - No Lost Refund

  1. The procedures below must be used when one return is present and has been determined to be an IDT return.

    Reminder:

    If the invalid return includes dependents, dependent related identity theft must be considered. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, for additional information.

  2. If the IDT return meets the criteria to be nullified per the listing in IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, nullify the IDT return.

  3. If the IDT return does not meet the criteria to be nullified, move the IDT return to an IRSN per the instructions below.

  4. Take the following actions to resolve the TIN owner’s account:

    Note:

    See IRM 25.23.4.6.3, IDTVA Research, Verification, and Requests, and Exhibit 25.23.4-21, Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, to determine if there are specific account conditions that must be addressed in addition to the actions below.

    1. Zero out the account - input TC 29X, Blocking Series 05, Reason Code 139, and "NSD" with a notation in remarks "One Return - Identity Theft" or similar remarks.

    2. Use a HC 3 or HC 4, as appropriate, to prevent issuance of erroneous notices to the taxpayer. For additional information on Hold Codes, see IRM 21.5.2.4.15, Rules on Hold Codes (HC).

    3. Correct the entity module to the appropriate address for the TIN owner. If you are unable to determine an appropriate address, update the address to the address of the service center.

    4. Input TC 971 with Action Code 001 if the TC 150 return cannot be nullified. Enter the IRSN that is associated with the TC 150 as the cross-reference TIN.

    5. Input TC 971 with Action Code 017 on the IRSN account after the TC 000 posts. Enter the CN as the cross-reference TIN.

      Note:

      Close the CII base, monitor the TC 000 posting and then input the TC 971 AC 017.

    6. Transfer payments to the correct account, if necessary.

    7. Take the appropriate steps to reprocess/post tax returns that cannot be nullified to the IRSN. See IRM 21.5.2.4.23, Reprocessing Returns/Documents.

    8. See the IDT closing letter chart in Exhibit 25.23.4-10, Identity Theft (IDT) Closing Letter Decision Chart, to determine which closing letter to send.

    9. Input TC 971 AC 501 or AC 506, whichever is appropriate, with a posting delay of 2 cycles on the entity module of the CN. Use the SECONDARY-DT field to indicate the tax year in question. Use the TRANS-DT field to indicate the current (input) date. Input an appropriate Tax Administration Source Code in the MISC field. Refer to IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501, and IRM 25.23.2.6.3, Closing IRS Determined Identity Theft Affecting Tax Administration - TC 971 AC 506, for additional information.

    10. Add a case note on CII and/or the TIN-Related Worksheet One Return - Identity Theft, or similar remarks.

      Note:

      For the purpose of this subsection, do not correspond with the non-owner of the CN. If you are able to determine an appropriate address for the CN owner, update the entity. Then send an appropriate letter.

    Reminder:

    If all case actions have been completed and you are monitoring the account to ensure proper posting, close the case and establish a monitor base on IDRS using Category Code "MISC" with the current date as the received date.

    Note:

    If a statute or statute imminent return is involved, refer to IRM 25.23.4.9.1, Determining When Specific Year Account Information Must Be Moved.

  5. Follow procedures in IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, to determine if the valid taxpayer has a filing requirement and address unfiled returns.

25.23.4.10.7 (03-09-2020)

One IDT Return - Lost Refund

  1. Follow the guidance in IRM 25.23.4.10.6, One IDT Return - No Lost Refund, to zero the account and address unfiled returns.

  2. If a refund was issued on the CN to the filer of the TC 150 return, it must be moved to the TC 150 taxpayer’s IRSN if that return cannot be nullified. See IRM 21.5.2.4.23.10, Moving Refunds, for moving refund procedures.

  3. If a refund was issued on the CN to the filer of the TC 150 return and that return can be nullified, offset the lost refund (associated with the IDT return) to GL 1545. Refer to IRM 25.25.4.7, Reversing Identity Theft Lost Refunds, for additional guidance.

25.23.4.10.8 (12-20-2022)

Identity Theft (IDT) Cases/Transcripts with RIVO and/or TPP Involvement - Resolution Tables

  1. There are instances when IDTVA receives cases with RIVO and/or TPP involvement that require additional guidance to resolve. The charts in paragraphs (2) and (3) below illustrate various case scenarios you may receive that can be resolved. Before proceeding to the resolution charts, refer to the bullet list below for instances when the current year must be resolved by RIVO/TPP.

    • The income cannot be verified using IRM 25.23.4.8.1.1, IDT with RIVO Involvement.

    • A UPC 147 is present on the account with RC 6/7 or 8. (All UPC RC 0 or 1 will be worked by SPIDT criteria). See IRM 21.4.1.4.1.2, Return Found/Not Processed

      Note:

      Each return for each tax year must be screened separately.

      Reminder:

      When resolving an account with identity theft involvement, the IDTVA employee must address all issues per IRM 25.23.2.3.2.1, Addressing All Taxpayer Issues, and on all active tax years IRM 25.23.4.6.4, Complete Case Analysis.

  2. For cases/transcripts with TPP involvement, see the table below.

    Reminder:

    All cases with RIVO involvement must be closed with the IDT8/IDS8 category code, unless the case is a transcript (IDT6/IDS6) or meets criteria described in IRM 25.23.4.8.1.1, Identity Theft (IDT) with RIVO Involvement.

    Reminder:

    If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.

    Reminder:

    If the invalid return includes dependents, dependent related identity theft must be considered. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, for additional information.

    Caution:

    IDTVA paper procedures for closing indicators and letters will continue to be followed even when directed to another IRM reference. Read the entire "Then" column for the applicable scenario prior to proceeding to the linked reference.

    If And Then
    (1) TPP issue is unresolved, The taxpayer has authenticated per AMS notes, you can validate the return per IRP data, OR the taxpayer is claiming IDT

    Caution:

    Before continuing, ensure this is not a data breach.

     

    Exception:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    		 You can resolve UPC 126 0 or TC 971 AC 129 following IRM 25.25.6.5, Responding to the Taxpayer and Case Resolution for the Taxpayer Protection Program (TPP) Telephone Assistors and Taxpayer Assistance Center (TAC) Assistors, procedures.
    When following IRM 25.25.6.5, Responding to the Taxpayer and Case Resolution for the Taxpayer Protection Program (TPP) Telephone Assistors and Taxpayer Assistance Center (TAC) Assistors, for returns validated per IRP data or taxpayer claiming IDT disregard Authentication Passed references and phone specific procedures within this IRM section.
    (2) TPP issue is unresolved, The taxpayer has not authenticated per AMS notes, the return cannot be validated per IRP data, OR
    There is no IDT involvement (i.e., TRUE DUP) and IDTVA cannot make a determination.

    Caution:

    Before continuing, ensure this is not a data breach.

    		 Follow IRM 21.5.6.4.9, E-Freeze, or IRM 21.5.1.4.4.1, Unresolved Taxpayer Protection Program (TPP) Issues for Correspondence and Loose Forms, as applicable.
    (3) TPP issue is unresolved, TP filed a potential amended return or there is no IDT involvement (i.e., TRUE DUP) and IDTVA can make a determination.

    Caution:

    Before continuing, ensure this is not a data breach.

    		 You can resolve UPC 126 0 or TC 971 AC 129 following IRM 25.25.6.5, Responding to the Taxpayer and Case Resolution for the Taxpayer Protection Program (TPP) Telephone Assistors and Taxpayer Assistance Center (TAC) Assistors, procedures. Disregard phone specific procedures.

    Note:

    Account freeze conditions (i.e., -A Freeze, E- Freeze, etc.) resulting from actions taken must be resolved following normal procedures.
    (4) Valid return is a mixed entity, TP A (CN owner) posted first, You can resolve UPC 126 0 or TC 971 AC 129 following IRM 25.25.6.5, Responding to the Taxpayer and Case Resolution for the Taxpayer Protection Program (TPP) Telephone Assistors and Taxpayer Assistant Center (TAC) Assistors. Review the TPP IRM for your case scenario. Disregard phone specific procedures.

    Note:

    These returns have already been through the TPP process.


    After the TPP issue has been resolved, refer to IRM 21.6.2.4.2, Mixed Entity Procedures, for remaining actions to resolve the case.
    (5) Valid return is a mixed entity, TP B posted first and the return must be reprocessed to a different TIN, The return must go through the normal TPP process on the correct TIN.
    Refer to IRM 21.6.2.4.2, Mixed Entity Procedures.

    Note:

    Previous authentication on an incorrect TIN does not apply.
    (6) Valid return is a mixed period, The return posted as TC 150 or TC 976 and AMS reflects the TP has already authenticated, You can resolve UPC 126 0 or TC 971 AC 129 following procedures in IRM 25.25.6.5, Responding to the Taxpayer and Case Resolution for the Taxpayer Protection Program (TPP) Telephone Assistors and Taxpayer Assistance Center (TAC) Assistors. These returns have already been through the normal TPP process. Disregard phone specific procedures.
    (7) Valid return is a mixed period, The return posted as TC 977 or the TP has not authenticated, and IDTVA can make a determination, You can resolve UPC 126 0, or TC 971 AC 129 following IRM 25.25.6.5, Responding to the Taxpayer and Case Resolution for the Taxpayer Protection Program (TPP) Telephone Assistors and Taxpayer Assistance Center (TAC) Assistors, procedures. Disregard phone specific procedures.
    (8) Valid return is a mixed period, The return posted as TC 977 or the TP has not authenticated, and IDTVA cannot make a determination, Follow IRM 21.5.6.4.9, E-Freeze, or IRM 21.5.1.4.4.1, Unresolved Taxpayer Protection Program (TPP) Issues for Correspondence and Loose Forms, as applicable.
    (9) There is a TC 150 return posted, an unpostable TC 971 AC 111, and a TC 971 AC 506 with MISC "WI AM OTHER" or "WI PRP OTHER1" ,

    • The TC 150 DLN and TC 971 AC 111 MISC DLN match, and

    • AMS notes indicate an ID Theft determination was made, and

    • There is no TC 976/977 return (-A Freeze).

    1. Accept the determination made.

    2. Input an adjustment to back out the invalid TC 150 return. Follow the applicable procedures in IRM 25.23.4.10.6, One IDT Return - No Lost Refund, or IRM 25.23.4.10.7, One IDT Return - Lost Refund.

    3. Do not input another IDT indicator.

      Exception:

      If a Form 14039 was submitted by the taxpayer, input a TC 971 AC 501.

    4. Issue a closing Letter 4674C, if necessary. See IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional information.
    (10) There is a TC 150 return posted, an unpostable TC 971 AC 111, and a TC 971 AC 506 with MISC "WI AM OTHER" or "WI PRP OTHER1" ,

    • The TC 150 DLN and TC 971 AC 111 DLN match, and

    • AMS notes indicate an ID Theft determination was made, and

    • There is a TC 976/977 return (-A Freeze).

    1. Accept the determination made for the TC 150 return.

    2. Determine if the TC 976/977 is a valid return.

    3. If the TC 976/977 is a valid return, follow the applicable procedures in IRM 25.23.4.10.1, Invalid Return/Valid Return - No Lost Refund, or IRM 25.23.4.10.2, Invalid Return/Valid Return - Lost Refund.

    4. If the TC 976/977 is not a valid return, follow the applicable procedures in IRM 25.23.4.10.4, Two or More Invalid Returns (No Valid Return) - No Lost Refund, or IRM 25.23.4.10.5, Two or More Invalid Returns (No Valid Return) - Lost Refund.

    5. Do not input another IDT indicator.

      Exception:

      If a Form 14039 was submitted by the taxpayer, input a TC 971 AC 501.

    6. Issue a closing Letter 4674C, if necessary. See IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional information.

  3. For cases/transcripts with RIVO Involvement, see the table below.

    Reminder:

    If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.

    If And Then
    (1) Return was erroneously abated by RIVO, There is NO IDT and the ASED is within 90 days of expiration,
    Obtain lead/manager approval per note below.
    Reverse all IDT indicators. Input remarks on CII and open control base using "PROMPT2IVO" , category code "TPRQ" , status code "A" , and IDRS number "1487755555" to RIVO.
    (2) Return was erroneously abated by RIVO, There is IDT involvement (e.g., MFT 32, Voided/Deleted) and the ASED is within 90 days of expiration,
    Obtain lead/manager approval per note below.
    Complete IDT procedures, as applicable. Input remarks on CII and open control base using "PROMPT2IVO" , category code "TPRQ" , status code "A" , and IDRS number "1487755555 " to RIVO.
    (3) Return was erroneously abated by RIVO, There is NO IDT involvement and the ASED has expired,
    Obtain lead/manager approval per note below.
    Reverse all IDT indicators, Input remarks on CII, "Account backed out as IDT in error by RIVO. Barred assessment" and open control base using" BARRED2IVO" category code "TPRQ" , status code "A" , and IDRS number "1487766666" to RIVO.
    (4) Return was erroneously abated by RIVO, There is IDT Involvement (e.g., MFT 32, Voided/Deleted) and the ASED has expired, Complete IDT procedures, as applicable. Input remarks on CII and open control base using "PROMPT2IVO" , category code "TPRQ" , status code "A" , and IDRS number "1487755555" to RIVO.
    (5) The account was erroneously abated by RIVO after the account was adjusted as an Invalid/Valid, There is IDT involvement and the ASED is within 90 days or has expired, Do not refer the case to RIVO. Follow IRM 25.23.2.5, Statute Protection, procedures.
    (6) The return was:

    • Archived,

    • Deleted, or

    • Moved to MFT 32 in error,

    		   Follow procedures in IRM 25.23.4.15 , MFT 32 Cases - Moved in Error.

    Note:

    Before opening a control base to RIVO and closing your CII case, you will need lead/manager approval. Prior to requesting approval, the CSR/TE must input a case note of their determination on CII. The lead/manager cannot concur with a determination that is not posted on the case.

    Note:

    If the lead and/or manager concur with your determination they will need to send an encrypted email to the RIVO mailbox (*W&I-RICS-IVO-AR) with the subject line "Expedite Statute Case." In the body of the email, you should include the social security number, tax period and the ASED of the case.

25.23.4.10.9 (10-01-2019)

IRSN Required for Identity Theft (IDT) Return

  1. Take the following actions when an IRSN is required to reprocess the IDT return:

    1. Follow local procedures to obtain an IRSN.

    2. Establish the account TC 000.

      Note:

      Use a Service Center address whenever appropriate (i.e., both returns reflect the same address).

    3. Edit the IDT return to show the name and address of the Service Center working the case, per IRM 3.13.5.66, Campus Address Used Only When Taxpayer Address is Unavailable, when the IDT return contains the same address as the CN. List the name(s) as shown in the chart.

    4. Edit the IDT return with Computer Condition Code (CCC) 3, if appropriate, to hold any refund. To prevent unnecessary AMRH transcripts, if the overpayment is a year old or older transfer the overpayment to Excess Collections. See IRM 21.2.4.3.10.1, Excess Collections File (XSF) and Unidentified Remittance File (URF) for AMRH.

    5. Close the CII base and monitor for the TC 000 to post.

    6. Input TC 971 with Action Code 017 on the IRSN (when posted) to cross reference the misused SSN. Refer to IRM 21.5.1.4.8, Transaction Code 971, for additional guidance.

    7. Input TC 971 with Action Code 001 or 002, whichever is appropriate, on the CN to cross reference the IRSN depending on whether the IDT return posted first or second. Refer to IRM 21.5.1.4.8, Transaction Code 971, for additional guidance.

    8. Send a Letter 4675C advising the non-owner of the CN to contact SSA and to use the IRSN for federal tax purposes until SSA determines their correct SSN. SSA will advise the taxpayer to file Form W-7, Application for IRS Individual Taxpayer Identification Number, to obtain an ITIN if the taxpayer cannot obtain a SSN.

      Note:

      If the CN is an ITIN, send a Letter 4675C advising the non-owner of the CN to use the IRSN for federal tax purposes and to file a new Form W-7, Application for IRS Individual Taxpayer Identification Number.

      Caution:

      When corresponding with the non-owner of the CN, send the letter from the non-owner's IRSN. Do not include the CN in your letter to the non-owner.

      Caution:

      Do not attempt to correspond with the non owner of the CN if you are unable to locate a good address; Service Center address is present.

    9. Allow the math error and normal collection processes to address any balance due issues resulting from the reprocessing of the return under an IRSN.

    10. Refer to Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing, to ensure all actions have been taken, as applicable.

25.23.4.10.10 (10-01-2020)

Identity Theft with Offsets

  1. A taxpayer’s overpayment is required to be applied to any outstanding Federal tax debt, Federal non-tax debt, child support, Treasury Offset Program (TOP) debt, State income tax obligation, or Unemployment Compensation prior to being refunded per IRC 6402(a), (c), (d), (e), and (f).

  2. A tax offset occurs when a refund is applied to an outstanding IMF, BMF, or NMF liability.

  3. A refund will be applied as a TOP offset after verification of no Federal tax debt when a Federal non-tax debt has been identified.

  4. When an identity theft case includes tax offsets and/or TOP offsets, refer to the following subsections for specific procedures to address the offsets while correcting the taxpayer’s account:

    • IRM 25.23.4.10.10.1, Identity Theft with Tax Offsets

    • IRM 25.23.4.10.10.2, Identity Theft with TOP Offsets

25.23.4.10.10.1 (10-01-2023)
Identity Theft with Tax Offsets

  1. Internal Revenue Code IRC (§) 6402(a), (c), (d), (e), and (f) require a taxpayer’s overpayment to be applied to any outstanding Federal tax debt, child support, Treasury Offset Program (TOP), State income tax obligation, or Unemployment Compensation prior to crediting the overpayment to a future tax or issuing a refund. This application of a tax overpayment is called a refund offset. Refund offsets to Federal tax debts are called tax offsets.

  2. Tax offsets may be the taxpayer’s first indication they are a victim of Identity Theft (IDT).

    Example:

    (Income or employment related IDT): The taxpayer files their 2018 return expecting a refund. The taxpayer later receives a notice advising them of their refund being applied to a Federal tax debt for tax year 2016. The taxpayer calls for additional information and learns that income earned by someone else was reported for tax year 2016 which resulted in an AUR assessment.

    Example:

    (Refund related IDT): The taxpayer files their 2018 return expecting a refund. When the taxpayer calls to check on the status of their refund, they are informed it has been applied to a balance owed for the 2012 tax return filed. The taxpayer submits Form 14039, Identity Theft Affidavit explaining the first time they filed a return was for tax year 2017.

  3. Tax offsets must be resolved as part of the corrective actions for Identity Theft and RPM cases and will be treated as payments in most cases. For more information on credit availability for refund or offset, see IRM 25.6.1.10.2.7.2, Limitations on the Amount of a Claim. See IRM 25.6.1.7.3, Excess Collection File (XSF) and Unidentified Remittance File (URF), for procedures related to credits that are not refundable and credits that are refundable but have been moved to XSF in error. Do not input a tax offset reversal unless criteria in (4), (5), or (6) is met.

    Exception:

    When the tax offset is from a refund determined to be created by an invalid return, that credit must be returned to the originating module as part of the IDT resolution for that impacted year. For example, the TY 2019 return is determined to meet nullity criteria, and the refund from that return was offset to pay a balance owed for TY 2015. The offset must be transferred from TY 2015 to TY 2019 as part of correcting the TY 2019 IDT issue.

  4. The Collection Statute Expiration Date (CSED) is the expiration of the time period established by law to collect taxes (generally 10 years from the 23C date). Once the CSED has expired, tax offsets cannot be applied to the balance owed. When a tax offset has been applied to a module after the CSED expired, follow the procedures in the table below:

    Caution:

    Review the posting cycle of the tax offset to verify it was applied after the expiration of the CSED before transferring the credit to the original module. If the tax offset posted before the CSED expired, the credit must not be moved. Refunds applied before the CSED expired will be addressed on the module they offset to following paragraph (3) above.

    Example:

    Form 14039 is received on May 2, 2019. Tax year 2008 is the impacted year. A determination of one return IDT was made. Through research you find the valid taxpayer’s 2015 return was filed by April 18, 2016 and the refund offset to the balance owed for tax year 2008. The CSED for tax year 2008 is April 15, 2019, and the offset was applied to the balance in cycle 201617 (April 22 - April 28, 2016). Because the offset was applied to the balance before the CSED expired, it would not be returned to the tax year 2015 module. Credit availability will be determined following normal statute procedures for payments (i.e., 2 year rule).

    If And Then
    (1) The credit is available for refund or offset, The RSED is open, Transfer the credit back to the original module. On the credit side, include TC 570 followed by TC 572 with the appropriate post delay to prevent an offset back to the expired CSED module. Allow the system to refund the credit or offset it to another liability.
    (2) The credit is available for refund or offset, The RSED is expired, Transfer the credit back to the original module. On the credit side, include TC 570 to prevent offset to the expired CSED module. Issue a manual refund following procedures in IRM 21.4.4.5, Preparation of Manual Refund Forms.
    (3) The credit is not available for refund or offset,   Transfer the credit back to the original module. On the credit side, include TC 570 to prevent offset back to the expired CSED module. Apply the credit to the Excess Collection File following procedures in IRM 25.6.1.7.3.1, Transferring Credit to XSF.

  5. When the balance due module is a Married Filing Joint account and the tax offset applied to the balance is from a module that does not reflect both spouses’ names, follow procedures in the table below:

    If And Then
    (1) The credit is available for refund or offset, The RSED is open, Transfer the credit back to the original module. On the credit side, include TC 570 followed by TC 572 with PDC 2 to prevent offset back to the expired balance due module, if necessary. Allow the system to refund the credit or offset it to another liability, when possible.
    (2) The credit is available for refund or offset, The RSED is expired, Transfer the credit back to the original module. Include TC 570 to prevent offset back to the balance due module. Issue a manual refund following procedures in IRM 21.4.4.5, Preparation of Manual Refund Forms.
    (3) The credit is not available for refund or offset,   Transfer the credit back to the original module. Include TC 570 to prevent offset back to the balance due module. Apply the credit to the Excess Collection File following procedures in IRM 25.6.1.7.3.1, Transferring Credit to XSF.

  6. TAS hardship requests for returning an offset to the originating module must be considered. The CSR/TE assigned the case is responsible for verifying offset reversal criteria is met. When an Operations Assistance Request (OAR) is received requesting reversal of a tax offset, return the offset to the originating module if the offset is the result of a TAS or IRS clerical error. A clerical error is an error resulting from a minor mistake or inadvertence, in writing or copying something on the record. A clerical error is not an error based on substance or judgment. Clerical errors include:

    • Typing an incorrect number

    • Transcribing a word incorrectly

    • Misdirecting a form

    • Sending a form to a nonworking fax machine

    Example:

    The TY 2017 module reflects a balance owed, and the taxpayer has filed Form 14039. The taxpayer meets hardship criteria and contacts Taxpayer Advocate Service (TAS) for assistance. The Case Advocate receives documentation supporting the taxpayer’s economic hardship and submits an Offset Bypass Refund (OBR) request prior to the TY 2018 refund being applied to the TY 2017 balance owed. The OBR request includes transposed numbers in the taxpayer’s TIN. The Case Advocate is contacted for a corrected request which is received after the TY 2018 refund was applied to the TY 2017 balance. Because the error made is clerical in nature, the offset will be returned to the TY 2018 module to be refunded to the taxpayer.

25.23.4.10.10.2 (10-01-2022)
Identity Theft with TOP Offsets

  1. Service-wide guidance for addressing accounts with a TOP offset is located in IRM 21.4.6.4, Refund Offset Research.

  2. There are two types of refund offsets:

    1. Federal tax offset

    2. Treasury Offset Program offset (effective 01/11/1999)

  3. Bureau of the Fiscal Service initiates refund offsets to outstanding federal agency debts or child support, State Income tax obligations, and Unemployment Compensation debts. These offsets appear on the module as:

    1. TC 898 or TC 971 AC 598 (manual input of TOP offset record) with an Offset Trace Number (OTN), an offset amount, and a debtor-TIN field, if the offset is secondary spouse

    2. OTN - Starting with 1 indicates primary taxpayer debt

    3. OTN - Starting with 2 indicates secondary taxpayer debt

  4. Command Code (CC) INOLE contains debt liability indicators based on information received from the Bureau of the Fiscal Service. The indicators are used to identity a Federal tax debt TOP debt, or both. You must thoroughly research for any outstanding Federal tax or TOP debts. Always attach the INOLES for both spouses identifying the debt indicator at the time the case is worked. Include BMF screens when there is an X-REF EIN. The debt indicators are:

    1. (I) IRS Debt

      Note:

      The (I) indicator is not always set for all Federal tax debts. To determine if there is an outstanding Federal tax debt, you must also research Command Code (CC) IMFOL, CC BMFOL, and/or CC TXMOD as well as CC INOLES even on "N" indicator cases.

    2. (F) Bureau of the Fiscal Service TOP Debt

    3. (B) Both IRS and Bureau of the Fiscal Service TOP Debt

    4. (N) No Debt

    Note:

    The IAT Results IS screen may respond with a debt indicator "N" when an invalid Social Security Number (SSN) indicator follows the Taxpayer Identification Number (TIN). The IAT Tool is designed to research CC INOLET when the invalid indicator is present. If CC INOLET does not display a debt indicator, then the IAT Results IS screen display the "N" . Additional research is needed if the secondary TIN is invalid.

  5. The Department of the Treasury (Treasury), Bureau of the Fiscal Service (BFS), amended its regulation governing the offset of tax refund payments to collect past-due child support obligations. This change limits the time in which Treasury may reverse a tax refund offset to collect a delinquent child support debt to six months.

  6. To address this change, IRS must limit the time to reverse a child support offset to 5 months (150 days) from the refund payment date. To determine the date of offset, use the RFND-PYMT-DT associated with the TC 846/840. The 5-month limit allows for internal system processing of the offset reversal request (TC 766 with an Offset Trace Number - OTN). Before reversing any offset to Office of Child Support Enforcement (Agency Codes 1 and/or 2), see IRM 21.4.6.4.2.4, Child Support TOP Offsets.

  7. Offsets that occur during processing year 2016 and beyond will post with the Agency and Sub-Agency code. If the Agency code is "1" or "2" , the offset is for a delinquent child support debt and the 5 month limitation rule applies except for a Form 8379, Injured Spouse Allocation. See Document 6209 Section 5, Debtor Master File, for Office of Child Support Enforcement Agency and Sub-Agency codes.

  8. Offsets due to delinquent child support occurring during processing years 2012-2015 will be identified by the posting of Transaction Code (TC) 971 Action Code (AC) 126. The Agency Code, OTN, and offset amount will be identified in the MISC field.

  9. Offsets due to delinquent child support prior to 2012 will not have any indicators identifying which agency the refund offset to. Contact the TOP liaison to identify the agency code(s).

  10. For all TOP Offsets involving Identity Theft, follow the guidance in IRM 21.4.6.4.2.12, TOP Offsets Involving ID Theft and ID Theft with Fraudulent Returns. Input TC 470, as needed, to prevent balance due notices from generating while the case is being worked. If TC 470 is input, TC 472 must also be input when the valid taxpayer will have a balance owed after the identity theft issue is resolved. Include a post delay code with the TC 472 if input at the same time as TC 470.

  11. A manual reversal is required when you have an IMF/BMF offset which was sent to Bureau of the Fiscal Service in error and cannot be reversed with a TC 766 (IRS reversal) or TC 899 (Bureau of the Fiscal Service reversal). Once the TOP/DMF Manual Reversal Request Form has been submitted and all required ID theft account resolution actions completed, close the case. It may take 180 days or longer for the TC 700 to post. A monitoring control with Activity "PNDMRR/###" and category "MISC" will be opened by the assigned employee. Refer to IRM 21.4.6.5.12.2, Manual Reversal of TOP Offset, for additional guidance.

  12. If the manual reversal is not posted or pending on IDRS after 180 days, follow up with the TOP liaison.

25.23.4.10.11 (10-01-2020)

Identity Theft and Restitution

  1. When restitution is court ordered, the taxpayer’s account will include references to related modules reflecting the amount of restitution ordered.

  2. Modules with restitution references can be identified by:

    1. TC 971 AC 18X

    2. TC 766 with reference number 337

  3. Do not assume the taxpayer is not a victim of identity theft when restitution references are present. An identity theft determination is made based on the facts and circumstances of the case without consideration of the restitution ordered.

  4. If an identity theft determination has been made, contact SB/SE Examination Technical Services (TS) via email at *SBSE TECH Svs Criminal Restitution to inform them of the identity theft claim and determination. Cc: ITVA HQ on the email. Suspend the case for 14 days to allow time for TS to provide a response. See Exhibit 25.23.4-13, Format for Emails to SB/SE Examination Technical Services, for an example of an email that includes the required information listed below:

    1. Subject: Identity Theft Claim with Restitution

    2. Taxpayer’s name

    3. Taxpayer’s SSN

    4. Impacted year(s)

    5. Identity theft determination

    6. Relevant documentation attached (i.e., Form 14039, Police Report, correspondence, etc.)

  5. Determinations of no identity theft (NOIDT) do not need to be provided to TS for review.

  6. TS will use the information to evaluate the potential impact on the court ordered restitution and contact Criminal Investigation (CI). TS will provide a response and make any necessary linkage adjustments.

  7. Upon receipt of a response or expiration of the 14 day suspense period, follow the procedures in the table below:

    If Then
    (1) The response from TS supports the IDT determination made,

    • Take all necessary actions to resolve the account based on your determination.

    • Attach the initial email request and response from TS to your CII case.
    (2) The response from TS provides information that indicates the taxpayer is not a victim of identity theft,
    Consider the additional information:

    • If you agree with the information, update your determination to reflect NOIDT, and take all necessary actions to resolve the account.

    • If you do not agree, lead or manager concurrence must be obtained and documented prior to adjusting the account based on your determination.

    • Attach the initial email request and response from TS to your CII case.
    (3) If you do not receive a response from TS,

    • Resubmit your request, including all required information listed in (4) above.

    • Leave a case note indicating a response was not received from TS and a second request is being submitted.

    • Suspend your case for 14 days.
    (4) If you do not receive a response to your second request,

    • Take all necessary actions to resolve the account based on your determination.

    • Leave a case note indicating a response was not received from TS.

    • Attach the initial email request and follow-up email request to your CII case.

25.23.4.10.12 (12-20-2022)

Amended or Duplicate Returns and Identity Theft (IDT)

  1. Taxpayers may file a Form 14039, Identity Theft Affidavit submit a Police Report, or send other correspondence indicating they are a victim of identity theft in instances where amended or duplicate returns are involved, including the following scenarios:

    • The taxpayer did not file the TC 150 return and is filing an amended or duplicate return to correct the account.

    • The taxpayer has received a notice and did not file an amended or duplicate return or authorize a preparer to file an amended or duplicate return on their behalf.

    • The taxpayer has not filed a return for the year in question and the account reflects receipt of an original return and an amended or duplicate return.

  2. Accounts may reflect a posted or pending TC 977 or TC 976 and/or TC 971 Action Codes indicating an amended return has been received. Refer to IRM 3.11.6.7.23.2, Transaction Code (TC) 971 and Action Codes, for a list of the codes most frequently used by Code and Edit in conjunction with TC 971 to indicate the receipt of an amended return.

  3. Refer to the following subsections for procedural guidance.

25.23.4.10.12.1 (12-20-2022)
Amended or Duplicate Returns and Identity Theft (IDT) - Valid/Invalid

  1. There are situations when the taxpayer is claiming identity theft involving an amended or duplicate return filed on their account. Thorough research must be conducted to make an identity theft determination.

    Reminder:

    A return filed by the invalid taxpayer that includes income earned by the valid taxpayer may appear to be filed by the valid taxpayer.

  2. Return Preparer Misconduct (RPM) claims indicating the taxpayer authorized a preparer to file their original return but did not authorize a preparer to file an amended or duplicate return on their behalf (CAT 1) will be treated as taxpayer-initiated identity theft claims. Resolution of these cases will include nullification of the invalid amended or duplicate return and the input of TC 971 AC 501.

  3. Once the amended or duplicate return is determined to be invalid, identify the appropriate process to resolve the account - streamline or non-streamline. See IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, and IRM 25.23.4.7, Non-Streamline Identity Theft (IDT) Case Processing, for additional information.

  4. Follow the applicable procedures in the table below based on your determination.

    Reminder:

    Do not include an Amended Claims Date (ACD) when inputting adjustments related to amended or duplicate returns for IDT cases.

    If Then
    (1) The amended or duplicate return meets nullity criteria, and the account has not been adjusted to the amended or duplicate return figures,

    • Input TC 290 .00 with BS 05, RC 139, and HC 3. Use HC 4 when there is a credit balance on the module that should not be refunded or when issuing a manual refund.

    • Ensure appropriate actions are taken to address all applicable account conditions as described in Exhibit 25.23.4-21, Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing.

      Reminder:

      Returns meeting nullity criteria must not be forwarded to SP for the posting of TC 976.

    • If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.
    (2) The amended or duplicate return meets nullity criteria, and the account has been adjusted to the amended or duplicate return figures.

    • Adjust the account to the original return figures with BS 05, RC 139, and HC 3. Use HC 4 when there is a credit balance on the module that should not be refunded or when issuing a manual refund. Include a Return Processable Date (RPD) when the previous adjustment included an ACD.

    • Ensure appropriate actions are taken to address all applicable account conditions as described in Exhibit 25.23.4-21 , Input, Annotations and Action Requirements for Streamline/Non-Streamline Case Processing.

      Reminder:

      Returns meeting nullity criteria must not be forwarded to SP for the posting of TC 976.

    • If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.
    (3) If the amended or duplicate return does not meet nullity criteria,

    • The account will need to be adjusted to reflect the information reported on the original return if the module was previously adjusted to the amended or duplicate return figures. Include a Return Processable Date (RPD) when the previous adjustment included an ACD.

    • If the amended return is filed on Form 1040-X, Amended U.S. Individual Income Tax Return create a dummy Form 1040 with the information reported.

      Note:

      Form 1040 must be used when processing a dummy return. Forms 1040-A, U.S. Individual Income Tax Return and 1040-EZ, Income Tax Return for Single and Joint Filers With No Dependents will unpost.

    • If there is no posted TC 977 or TC 976 for a Form 1040 identified as an amended or duplicate return, follow procedures in IRM 25.23.4.6.5.2, Unprocessed Documents, to forward the return to SP for the posting of TC 976.

    • If TC 470 CC 90 was input, TC 472 must also be input when the valid taxpayer will have a balance owed.

    • IDTVA-A employees: Follow procedures in IRM 25.23.4.7, Non-Streamline Identity Theft (IDT) Case Processing, and IRM 25.23.4.10.9, IRSN Required for Identity Theft (IDT) Return, to correct the account.

    • IDTVA Specialty Functions employees: Follow procedures in IRM 25.23.10.6, Post Function Referral Procedures, to refer the case to DITA.

      Note:

      If the Exam review was closed based on the invalid amended return filing, see IRM 25.23.10.7.4.2.2, Exam Specialty Technical - IDT Claim Consideration.

    Reminder:

    Statute year returns require additional research prior to taking action on an account. Review IRM 25.23.4.9, Statute Processing Considerations, to ensure all applicable statutes are protected.

25.23.4.10.12.2 (10-01-2023)
Amended or Duplicate Returns and Identity Theft (IDT) - Invalid/Valid

  1. Determine if the invalid return meets nullity criteria. See IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, for additional information. Follow the applicable procedures in the table below based on your determination.

    If Then
    (1) The invalid return meets nullity criteria,

    • If the valid amended return is filed on Form 1040-X, Amended U.S. Individual Income Tax Return create a dummy Form 1040, U.S. Individual Income Tax Return with the information reported.

      Note:

      Form 1040 must be used when processing a dummy return. Forms 1040-A, Individual Income Tax Return and 1040-EZ, Income Tax Return for Single and Joint Filers With No Dependents will unpost.

    • Follow procedures in IRM 25.23.4.6.5.2, Unprocessed Documents, to forward the valid return to SP for the posting of TC 976.

    • After the TC 976 posts, follow the instructions in IRM 25.23.4.10.1, Invalid Return/Valid Return - No Lost Refund, or IRM 25.23.4.10.2, Invalid Return/Valid Return - Lost Refund.
    (2) The invalid return does not meet nullity criteria,

    • If the valid amended return is filed on Form 1040-X, create a dummy Form 1040 with the information reported.

      Note:

      Form 1040 must be used when processing a dummy return. Forms 1040-A and 1040-EZ will unpost.

    • Follow procedures in IRM 25.23.4.6.5.2, Unprocessed Documents, to forward the valid return to SP for the posting of TC 976.

    • IDTVA-A employees: After the TC 976 posts, refer to IRM 25.23.4.7, Non-Streamline Identity Theft (IDT) Case Processing, and IRM 25.23.4.10.9, IRSN Required for Identity Theft (IDT) Return, for information related to non-streamline case processing. Follow the instructions in IRM 25.23.4.10.1, Invalid Return/Valid Return - No Lost Refund, or IRM 25.23.4.10.2, Invalid Return/Valid Return - Lost Refund, to resolve the valid taxpayer’s account.

    • IDTVA Specialty Functions employees: Follow procedures in IRM 25.23.10.6, Post Function Referral Procedures, to refer the case to DITA.

    Reminder:

    Statute year returns require additional research prior to taking action on an account. Review IRM 25.23.4.9, Statute Processing Considerations, to ensure all applicable statutes are protected.

  2. Determine if the valid taxpayer is due a refund.

    1. Refer to IRM 25.6.1.5, Basic Guide for Processing Cases with Statute of Limitations Issues, and IRM 25.6.1.10.2.7.2, Limitations on the Amount of a Claim.

    2. Apply credits available for refund or offset to outstanding liabilities, if applicable.

    3. If necessary, manually refund any allowable amount remaining. Refer to IRM 21.4.4.3(3), Why Would a Manual Refund Be Needed?, and IRM 21.4.4.5, Preparation of Manual Refund Forms, for additional information.

    4. Move any credits not available for refund or offset to the Excess Collection File. See IRM 25.6.1.7.3, Excess Collection File (XSF) and Unidentified Remittance File (URF).

25.23.4.10.12.3 (12-20-2022)
Amended or Duplicate Returns and Identity Theft (IDT) - No Valid Return

  1. Determine if the invalid return meets nullity criteria. See IRM 25.23.4.8.1, Streamline Identity Theft (IDT) Case Identification and Processing, for additional information. Follow the applicable procedures in the table below based on your determination.

    Reminder:

    Each return on the account must be considered separately. It is possible to follow nullity procedures for one invalid return but assign an IRSN for another invalid return posted to the same module.

    If Then
    (1) There is No Lost Refund,

    • Follow the instructions in IRM 25.23.4.10.4, Two or More IDT Returns (No Valid Return) - No Lost Refund.
    (2) There is a Lost Refund,

    • Follow the instructions in IRM 25.23.4.10.5, Two or More IDT Returns (No Valid Return) - Lost Refund.

    Reminder:

    Statute year returns require additional research prior to taking action on an account. Review IRM 25.23.4.9, Statute Processing Considerations, to ensure all applicable statutes are protected.

  2. Determine if the valid taxpayer is due a refund.

    1. Refer to IRM 25.6.1.5, Basic Guide for Processing Cases with Statute of Limitations Issues, and IRM 25.6.1.10.2.7.2, Limitations on the Amount of a Claim.

    2. Apply credits available for refund or offset to outstanding liabilities, if applicable.

    3. If necessary, manually refund any allowable amount remaining. Refer to IRM 21.4.4.3(3), Why Would a Manual Refund Be Needed?, and IRM 21.4.4.5, Preparation of Manual Refund Forms, for additional information.

    4. Move any credits not available for refund or offset to the Excess Collection File. See IRM 25.6.1.7.3, Excess Collection File (XSF) and Unidentified Remittance File (URF).

25.23.4.10.12.4 (10-01-2023)
Amended or Duplicate Returns and Identity Theft (IDT) - NO IDT Determinations

  1. When a determination of No IDT has been made for an IDT case and the account requires additional actions to fully resolve the module (i.e., DUPF, XRET, MXEN, etc.), take all necessary actions described in IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.

    Note:

    In the Letter 4674C, advise the taxpayer their return will be processed separately.

  2. Create a new CII case for the additional required actions, use the IRS received date of the IDT case. Use the appropriate Category and Program Codes:

    Case Type Category Code Program Code
    Amended Return XRET 40051
    Duplicate Return DUPF 40050
    CP36F MXEN 40054
    Scrambles SCRM 40052

  3. Input a case note documenting the No IDT determination, and link the new case to your original case (i.e., No IDT. Case created to be worked as a duplicate return).

  4. Reassign the case using the IDTVA-A CII Reassignment Guide or IDTVA Specialty CII Reassignment Guide for Non-IDT cases located on the IDTVA Hub.

25.23.4.10.13 (10-01-2022)

Identity Theft (IDT) - Previous Action

  1. When it appears the identity theft issue was previously worked and the CII images do not include a tax return, refer to the table below to determine the appropriate actions:

    Caution:

    Verify all required actions were taken prior to closing a case as previous action. Review CII case notes and/or IDRS to determine if an interim letter was issued to the taxpayer before the case was moved to IDT inventory. If an interim letter was issued and the case will be closed as previous action, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures.

    If And Then
    (1) The CII image(s) of form 14039, Identity Theft Affidavit, police report, and/or correspondence are an exact copy of the documents in the CII case previously worked, All dates (i.e., signature date, IRS received date stamp, fax date/time stamp, etc.) are the same as those on the original documents,

    • Input a CII case note indicating the CII images are duplicates.

    • If a TC 971 AC 522 UNWORK is present, reverse it with a TC 972 AC 522 IRSERR.

    • If an acknowledgement letter was issued after the original CII case was closed, send an IRS apology Letter 0544C/SP. Include paragraph K and the IDT toll-free number 800-908-4490. Use the IDTVA International number for International taxpayers.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (2) The CII image(s) of Form 14039, police report, and/or correspondence are an exact copy of the documents included in the CII case previously worked, The documents include dates (i.e., signature date, IRS received date stamp, fax date/time stamp, etc.) that indicate the documents were signed or received before the date the previous case was closed,

    • Input a CII case note indicating the CII images are duplicates.

    • If a TC 971 AC 522 UNWORK is present, reverse it with a TC 972 AC 522 IRSERR.

    • If an acknowledgement letter was issued after the original CII case was closed, send an IRS apology Letter 0544C/SP. Include paragraph K and the IDT toll-free number 800-908-4490. Use the IDTVA International number for International taxpayers.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (3) The CII image(s) of Form 14039, police report, and/or correspondence are an exact copy of the documents included in the CII case previously worked, The documents include dates (i.e., signature date, IRS received date stamp, fax date/time stamp, etc.) that indicate the documents were signed or received after the date the previous case was closed,

    • Input a CII case note indicating the CII images are duplicates.

    • If a TC 971 AC 522 UNWORK is present, reverse it with a TC 972 AC 522 IRSERR.

    • Issue a closing Letter 4674C/SP advising the taxpayer their identity theft issue was previously resolved. Include the IDT toll-free number 800-908-4490. Use the IDTVA International number for International taxpayers.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (4) The CII image(s) of Form 14039, police report, and/or correspondence provide new/additional information that does not change the determination made, The new/additional information includes dates (i.e., signature date, IRS received date stamp, fax date/time stamp, etc.) that indicate the documents were signed or received before the date the previous case was closed,

    • Input a CII case note indicating the CII images provide new information that does not change the previous determination made.

    • If the previous case was closed with a TC 971 AC 501 or 504 and a TC 971 AC 522 UNWORK is present, reverse it with a TC 972 AC 522 IRSERR.

    • If the previous case was closed with a TC 971 AC 506, input the appropriate TC 971 AC 501 or 504 to ensure the account reflects the receipt of the taxpayer’s claim.

    • If an acknowledgement letter was issued after the original CII case was closed, send an IRS apology Letter 0544C/SP. Include paragraph K and the IDT toll-free number 800-908-4490. Use the IDTVA International number for International taxpayers.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (5) The CII image(s) of Form 14039, police report, and/or correspondence provide new/additional information that does not change the determination made, The new/additional information includes dates (i.e., signature date, IRS received date stamp, fax date/time stamp, etc.) that indicate the documents were signed or received after the date the previous case was closed,

    • Input a CII case note indicating the CII images provide new information that does not change the previous determination made.

    • If the previous case was closed with a TC 971 AC 501 or 504 and a TC 971 AC 522 UNWORK is present, reverse it with a TC 972 AC 522 IRSERR.

    • If the previous case was closed with a TC 971 AC 506, input the appropriate TC 971 AC 501 or 504 to ensure the account reflects the receipt of the taxpayer’s claim.

    • Input TC 290 .00 with RC 139 and HC 3. Use HC 4 if the module reflects a credit balance that should not be refunded.

    • Issue a closing Letter 4674C/SP advising the taxpayer their identity theft issue was previously resolved. Include the IDT toll-free number 800-908-4490.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (6) The CII image(s) include a Form 14039, police report, and/or correspondence reporting identity theft, The impacted tax year only includes an invalid return moved to MFT 32 or
    The impacted tax year includes an invalid return moved to MFT 32 and the CN owner’s valid return was previously processed,

    • Input a CII case note indicating the invalid return was previously moved to MFT 32.

    • Input TC 971 AC 501/506, if appropriate. See IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501.
    (7) The CII image(s) include a Form 14039, police report, and/or correspondence reporting identity theft, CC TRDBV for the impacted tax year reflects only rejected attempts to file,

    • Follow procedures in paragraph (3) of IRM 25.23.4.10, Resolving Identity Theft (IDT) Cases.
    (8) The CII image(s) of Form 14039, police report, and/or correspondence provide new/additional information, Consideration of the new/additional information supports changing the determination,

    • The case cannot be worked as previous action.

    • Work the case following normal IDT procedures.

  2. When it appears the identity theft issue was previously worked and the CII images include one tax return, refer to the table below to determine the appropriate actions:

    Note:

    Multiple CII images may be present for correspondence, charge outs, etc., in addition to the tax return.

    Caution:

    Verify all required actions were taken prior to closing a case as previous action. Review CII case notes and/or IDRS to determine if an interim letter was issued to the taxpayer before the case was moved to IDT inventory. If an interim letter was issued and the case will be closed as previous action, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures.

    If And Then
    (1) The return in your case is an exact copy of the return in the original case, The account was previously adjusted to the valid return figures,

    • Input a CII case note indicating the account was previously adjusted.

    • Verify all IDT indicators have been addressed. Input any necessary closing indicators, as appropriate.

    • Verify credits remaining on the module have been addressed (i.e., will refund systemically, credit dump, offset to balance due, etc.).

    • Verify the taxpayer will receive an appropriate closing letter based on the case actions previously taken. If an appropriate closing letter was not issued, send a closing letter providing any information the taxpayer did not previously receive.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (2) The return in your case is the result of a document request, The account was previously adjusted to the valid return figures using a different image of the same return or TRDBV information,

    • Input a CII case note indicating the account was previously adjusted.

    • Verify all IDT indicators have been addressed. Input any necessary closing indicators, as appropriate.

    • Verify credits remaining on the module have been addressed (i.e., will refund systemically, credit dump, offset to balance due, etc.).

    • Verify the taxpayer will receive an appropriate closing letter based on the case actions previously taken. If an appropriate closing letter was not issued, send a closing letter providing any information the taxpayer did not previously receive.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (3) The return in your case is an additional return received from the valid taxpayer, The returns are reporting the same figures and the account was previously adjusted to the valid return figures,

    • Input a CII case note indicating the account was previously adjusted.

    • Verify all IDT indicators have been addressed. Input any necessary closing indicators, as appropriate.

    • If there is a -A Freeze, input TC 290 .00 with RC 139 and HC 3. Use HC 4 if the module reflects a credit balance that should not be refunded.

    • Verify credits remaining on the module have been addressed (i.e., will refund systemically, credit dump, offset to balance due, etc.).

    • Verify the taxpayer will receive an appropriate closing letter based on the case actions previously taken. If an appropriate closing letter was not issued, send a closing letter providing any information the taxpayer did not previously receive.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (4) The return in your case is an additional return received from the valid taxpayer, The returns are reporting different figures,

    • The case cannot be closed as previous action.

    • Work the case following normal IDT procedures.

    • If the additional return was filed to amend the figures reported on the valid taxpayer’s original return, see IRM 25.23.4.10.12, Amended or Duplicate Returns and Identity Theft (IDT).

  3. When it appears the identity theft issue was previously worked and there are no CII images OR the CII images include multiple tax returns, the case cannot be closed as previous action. Work the case following normal IDT procedures.

    Exception:

    When all returns included in the CII images are the result of document requests, follow procedures in paragraph (2) table scenario (2) above. If the account has not been adjusted to the valid return figures, the case must be worked following normal IDT procedures.

  4. When it appears the identity theft issue was previously worked and the CII image is a transcript, refer to the table below to determine the appropriate actions:

    Caution:

    Verify all required actions were taken prior to closing a case as previous action. Review CII case notes and/or IDRS to determine if an interim letter was issued to the taxpayer before the case was moved to IDT inventory. If an interim letter was issued and the case will be closed as previous action, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures.

    If And Then
    (1) If the transcript is the result of an unresolved credit remaining on the module, The credit is no longer on the module,

    • Input a CII case note indicating the credit was previously resolved.

    • If a TC 971 AC 522 UNWORK is present, reverse it with a TC 972 AC 522 IRSERR.

    • Update your IDRS control with the activity "PRVACTN" .

    • Link the case to the original CII case and close.
    (2) If the transcript is the result of an unresolved credit remaining on the module, The credit has not been addressed,

    • The case cannot be closed as previous action. Follow procedures in IRM 25.23.4.6.6.2, Credit Transcripts Resolution, to correct the account.
    (3) If the transcript is related to prior RIVO involvement,  

    • The case cannot be closed as previous action.

    • Follow procedures in IRM 25.23.4.6.6, Credit Transcripts - IDT6/IDS6, to determine the appropriate actions to take.

25.23.4.10.14 (10-01-2023)

Dependent Related Identity Theft (IDT)

  1. Dependent related identity theft (IDT) occurs when:

    • The victim is listed as the primary or secondary taxpayer on an invalid return,

    • The victim is a dependent of their parent/legal guardian and is listed as a dependent on the return of a taxpayer who is not their parent/legal guardian,

    • The victim is not a dependent of anyone but is listed as a dependent on a return filed by an individual who is not their parent/legal guardian.

    • The victim is listed as a dependent on a return determined to be fraudulent.

      Note:

      This includes fraudulent returns filed under a taxpayer’s TIN listing their dependents on the fraudulent return.

    Reminder:

    Establish the entity, if necessary. Refer to IRM 25.23.4.8.3, Dependent Related Identity Theft (IDT) - General, and IRM 25.23.4.8.3.1, Dependent Related Identity Theft (IDT) - Determinations, for case and account actions that may be required to be taken prior to closing the identity theft issue.

  2. When the victim is listed as a primary/secondary taxpayer on an invalid return, follow the procedures in the table below:

    If Then
    (1) Your research indicates the return in question may be the result of an attempt to obtain the Economic Impact Payment (EIP) through use of the Non-Filer Tool,

    1. Review the claim and AMS history items for a statement from the reporting person regarding use of the tool and/or rejected attempts to electronically file their return.

    2. If you are unable to determine if the dependent in question used the Non-Filer Tool, attempt to contact the reporting person no less than two times when telephone information is available. Document each attempt in a CII case note.

      Note:

      There must be a reasonable amount of time between the two attempts. For example, another call on a subsequent day constitutes a valid second attempt. If you are able to leave a phone message, allow the reporting person 5 business days to return your call. The second attempt should not be made immediately after a first unsuccessful attempt.

    3. If the reporting person is an authorized third party or the dependent in question, verify their identity by completing outgoing disclosure. See paragraphs (20) through (22) in IRM 21.1.1.4, Communication Skills, for specific guidance. Then take one of the following actions:

      • If disclosure is passed, advise them you are working the identity theft case and need additional information to complete your review. Ask the following question. Then take the appropriate action based on their response.

        "Did the dependent input their information in the Non-Filer Tool to receive the Economic Impact Payment (EIP)?"

        If the response indicates the Non-Filer Tool was used by the dependent or on behalf of the dependent, they are not a victim of identity theft. Explain that use of the tool creates a simple return that is filed electronically. The dependent must file a paper return to report their income, withholding, tax, credits, etc. They may submit a Form 1040-X or a Form 1040 with "EIP Amended" notated on the top. If the dependent does not have a filing requirement and will be listed as a dependent on another taxpayer’s return, the individual who is entitled to claim the dependent will need to file a paper return, including all income, exemptions, dependents, tax, and credits they are entitled to. Document your conversation in a CII case note. Continue to step (5).

        If the response indicates the Non-Filer Tool was not used by the dependent or on behalf of the dependent, they are a victim of tax related identity theft. Thank them for the information, and advise them they will receive a letter informing them of the determination upon completion of your review. Document your conversation is a CII case note. Continue to step (6).

      • If disclosure is not passed, follow procedures in step (4).

    4. If the reporting person is not an authorized third party or the dependent in question, advise them you are working the identity theft case and need additional information to complete your review. Ask the following question. Then thank them for the information, and advise them they will receive a letter upon completion of your review. Document your conversation in a CII case note. Then take the appropriate action based on their response.

      Reminder:

      You cannot provide any specific account details, but you can accept information provided by this individual. See IRM 21.3.10.3.3, Non-Authorized Third Parties, for additional information and references.



      "Did the dependent input their information in the Non-Filer Tool to receive the Economic Impact Payment (EIP)?"

      If the response indicates the Non-Filer Tool was used by the dependent or on behalf of the dependent, they are not a victim of identity theft. Continue to step (5).

      If the response indicates the Non-Filer Tool was not used by the dependent or on behalf of the dependent, they are a victim of tax related identity theft. Continue to step (6).

    5. If directed to this step after contacting the taxpayer, follow procedures in IRM 25.23.4.10.15, No Identity Theft (NOIDT) Determinations.

      • Issue a closing Letter 4674C to the dependent. Select paragraphs K (if the reporting person is not an authorized third party), M, t, u, w, and / (: for international taxpayers). Use paragraph M to include the suggested wording provided in IRM 25.23.4.8.3.1, Dependent Related Identity Theft(IDT) - Determinations. For paragraph t, include the following special paragraph: "When the Non-Filer tool was used to submit information to receive the Economic Impact Payment (EIP), a simple return was filed electronically. You may correct your tax return information by submitting a Form 1040-X or a Form 1040 with "EIP Amended" notated on the top. If you will be listed as a dependent of someone, they will need to file a paper return."

    6. If directed to this step after contacting the reporting taxpayer, follow normal procedures to conduct research and make a CN ownership determination. For specific instructions related to research and CN ownership determinations, refer to IRM 25.23.4.6, Research, Actions, and Complete Case Analysis - Overview, and IRM 25.23.4.8, Identity Theft (IDT) Common Number (CN) Ownership and Case Processing Determinations. Document your research and determination in a CII case note. After a CN ownership determination has been made, follow the appropriate case processing resolution (streamline/non-streamline) to correct the account.

    7. After you have taken the necessary actions to resolve the account, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine if a closing letter must be issued.

    8. If you are unable to contact the reporting person by telephone, see IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written). If a response is received, follow the applicable procedures in step (4) above based on the information provided.
    (2) The account reflects RIVO involvement,

    1. Refer to IRM 25.23.4.8.1.1, Identity Theft (IDT) with RIVO Involvement. Document your research and determination in a CII case note.

    2. Refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine if a closing letter must be issued.
    (3) The return in question does not appear to be the result of misuse of the Non-Filer Tool for EIP and there is no RIVO involvement,

    1. Follow normal procedures to conduct research and make a CN ownership determination. For specific instructions related to research and CN ownership determinations, refer to IRM 25.23.4.6, Research, Actions, and Complete Case Analysis - Overview, and IRM 25.23.4.8, Identity Theft (IDT) Common Number (CN) Ownership and Case Processing Determinations. Document your research and determination in a CII case note.

    2. After a CN ownership determination has been made, follow the appropriate case processing resolution (streamline/non-streamline) to correct the account.

    3. Refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine if a closing letter must be issued.

  3. When the victim is a dependent of their parent/legal guardian and is listed as a dependent on the return of a taxpayer who is not their parent/legal guardian, follow the procedures in the table below:

    If Then
    (1)

    • The individual(s) entitled to claim the dependent filed a return,

    • The return included the dependent and has been processed,

    		  

    1. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    2. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    3. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person.

    4. Document all account actions in a CII case note.
    (2)

    • The individual(s) entitled to claim the dependent filed a return,

    • The return did not include the dependent and has been processed,

    • An amended return has not been received,

    		  

    1. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    2. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    3. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person. If appropriate, include an open paragraph advising an amended return may be filed by the person entitled to claim the dependent to correct the account for the tax year(s) in question.

    4. Document all account actions in a CII case note.
    (3)

    • The individual(s) entitled to claim the dependent filed a return,

    • The return did not include the dependent and has been processed,

    • An amended return has been received,

    		  

    1. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    2. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    3. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person.

    4. If there is a CII case for the amended return and you are trained on the program, contact the assigned employee to reassign the case to you for resolution.

    5. If you are not trained on amended returns or there is not a CII case for the amended return, do not request reassignment of the case.

    6. Document all account actions in a CII case note.
    (4)

    • The individual(s) entitled to claim the dependent filed a return,

    • The return included the dependent and has not been processed,

    		  

    1. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    2. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    3. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person.

    4. If the return is included in the CII images, send the return to SP for processing. Refer to IRM 25.23.4.6.5.2, Unprocessed Documents, for additional information.

    5. Document all account actions in a CII case note.
    (5)

    • The individual(s) entitled to claim the dependent filed a return,

    • The return did not include the dependent and has not been processed,

    • An amended return has not been received,

    		  

    1. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    2. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    3. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person. If appropriate, include an open paragraph advising an amended return may be filed by the person entitled to claim the dependent to correct the account for the tax year(s) in question.

    4. Document all account actions in a CII case note.
    (6)

    • The individual(s) entitled to claim the dependent filed a return,

    • The return did not include the dependent and has not been processed,

    • An amended return has been received,

    		  

    1. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    2. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    3. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person.

    4. If there is a CII case for the amended return and you are trained on the program, contact the assigned employee to reassign the case to you for resolution.

    5. If you are not trained on amended returns or there is not a CII case for the amended return, do not request reassignment of the amended return.

    6. Document all account actions in a CII case note.
    (7)

    • The individual(s) entitled to claim the dependent did not file a return,

    		  

    1. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    2. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    3. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person.

    4. Document all account actions in a CII case note.

  4. When the victim is a taxpayer who is not a dependent of anyone and has been listed as a dependent on a return filed by an individual who is not their parent/legal guardian, follow procedures in the table below:

    If Then


    (1) The victim filed a return that has been processed or states they filed a paper return that has not completed processing,

    1. Input TC 971 AC 501/TC 971 AC 506 "OTHER" on the dependent’s entity. Refer to IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501 and IRM 25.23.2.6.3, Closing IRS Determined Identity Theft Affecting Tax Administration - TC 971 AC 506, for additional information.

    2. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    3. If there is an active tax module for the year in question under the dependent’s TIN and there is a valid TC 150 return posted, input TC 290 .00 with BS 05, SC 0, RC 139, and HC 3.

    4. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person.

    5. Document all account actions in a CII case note.


    (2) The victim has not filed a return or an attempt to e-file was rejected and a paper return has not been filed,

    1. Input TC 971 AC 501/TC 971 AC 506 "OTHER" on the dependent’s entity. Refer to IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501 and IRM 25.23.2.6.3, Closing IRS Determined Identity Theft Affecting Tax Administration - TC 971 AC 506, for additional information.

    2. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    3. Refer to IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, to determine if the taxpayer has a filing requirement and the appropriate actions to take.

    4. If the reporting person is someone other than the dependent or the case is closed with TC 971 AC 506, refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, to determine what closing letters must be issued and what information can be provided to the reporting person.

    5. Document all account actions in a CII case note.

  5. When the victim is listed as a dependent on a return determined to be fraudulent and the case is IRS identified, follow the procedures in the table below:

    If Then
    (1) You can identify the victim’s valid address,

    1. Input TC 971 AC 506 "OTHER" on the dependent’s entity. Refer to IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501 and IRM 25.23.2.6.3, Closing IRS Determined Identity Theft Affecting Tax Administration - TC 971 AC 506, for additional information.

    2. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    3. Refer to IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, to determine if the taxpayer has a filing requirement and the appropriate actions to take.

    4. Issue a closing Letter 4674C. See IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional information.

    5. Document all account actions in a CII case note.
    (2) You cannot identify the victim’s valid address,

    1. Input TC 971 AC 506 "OTHER" on the dependent’s entity. Refer to IRM 25.23.2.6.1, Closing Taxpayer Initiated Identity Theft Affecting Tax Administration - TC 971 AC 501 and IRM 25.23.2.6.3, Closing IRS Determined Identity Theft Affecting Tax Administration - TC 971 AC 506, for additional information.

    2. Input a TC 971 AC 528 with the MISC Field Code "WI IP DEPND" on ENMOD using CC REQ77. Use January 1st of the current year for the Secondary Date to signify the processing year.

    3. Document all account actions in a CII case note.

25.23.4.10.15 (10-01-2023)

No Identity Theft (NOIDT) Determinations

  1. When the taxpayer is not a victim of identity theft, the TC 971 AC 522 must be reversed. Refer to IRM 25.23.2.6.6.2, No Identity Theft (NOIDT) Determinations – TC 972 AC 522 NOIDT, for general information regarding unsubstantiated identity theft claims, including a list of scenarios that should not be marked as NOIDT and exceptions for reversing TC 971 AC 522 with a NOIDT literal.

    Note:

    If a TC 971 AC 501/506 is present and the taxpayer is not a victim of identity theft, the TC 971 AC 501/506 may need to be reversed. See IRM 25.23.2.6.2, Manually Reversing TC 971 AC 501, and IRM 25.23.2.6.4, Manually Reversing TC 971 AC 506.

    Reminder:

    When a taxpayer’s statement indicates they have lost personally identifying information, the taxpayer is a victim of non-tax-related identity theft. Refer to IRM 25.23.4.8, Identity Theft (IDT) Common Number (CN) Ownership and Case Processing Determinations, for additional information.

  2. When you have determined the taxpayer is not a victim of identity theft and the case is taxpayer initiated, take the following actions:

    Reminder:

    Do not close the case unless all account issues and years are addressed, including ALL TC 971 AC 522 indicators on the account. See IRM 25.23.2.3.2.1, Addressing All Taxpayer Issues, for more information.

    1. Send Letter 4674C to notify the taxpayer of the NOIDT decision. Include the following suggested wording (or similar) and the specific reason(s) for the determination: "We reviewed your correspondence dated MM/DD/YYYY. We found no indication that identity theft affected the tax periods above." Use the date of the taxpayer’s correspondence in place of MM/DD/YYYY. The letter must also include language regarding the taxpayer’s right to dispute the no IDT decision (i.e., providing additional information). If the taxpayer is not currently enrolled in the IP PIN program, advise the taxpayer they may be able to obtain an IP PIN through the opt in process to protect their identity in the future.

      Note:

      If the taxpayer has a balance due after the IDT issue is determined to be invalid, include language indicating collection activities will continue.

      Caution:

      If the account reflects a TC 971 AC 527 on CC ENMOD/IMFOLE, do not include paragraph v. The taxpayer is unable to use online self-help options. Instead, include an open paragraph providing information about their option to obtain an IP PIN by submitting Form 15227, IP PIN Application, or scheduling an appointment at their local Taxpayer Assistance Center. For more information about this indicator, see IRM 25.23.2.8.6, Disabled Online Accounts TC 971 AC 527.

    2. Use IDRS Command Code REQ77 initiated from Command Code ENMOD to input a TC 972 AC 522 reflecting a Tax Administration Source Code of NOIDT and the tax year of the identity theft incident. See IRM 25.23.2-11, IMF Only TC 972 AC 522 - Reversal of TC 971 AC 522, for additional information.

      Caution:

      If, at the time of case closure, you find the entity has not been flagged with a TC 971 AC 522 UNWORK/PNDCLM, you must enter a TC 971 AC 522 UNWORK to be reversed by TC 972 AC 522 NOIDT.

      Reminder:

      When the TC 971 AC 522 UNWORK is input, the TC 972 AC 522 NOIDT must be post delayed one cycle to allow the TC 971 AC 522 to post first.

    3. If a TC 470 was input to freeze collection notices, input a TC 472 to reverse hold and resume the issuance of systemic balance due notices. If the module is in a collection status (03, 22, 24, 26, or 58), prepare Form 14394, Identity Theft Collection Alert, and route to IDTVA Specialty Functions (ACSS) for processing. Refer to IRM 25.23.4.12.3, Collection Activity - Resume Collection Actions.

    4. When the account requires additional actions to fully resolve the module (i.e., DUPF, XRET, MXEN, etc.), refer to IRM 25.23.4.10.12.4, Amended or Duplicate Returns and Identity Theft (IDT) - No IDT Determinations. Input TC 290 .00 with RC 139 to document the identity theft claim. Use HC 3. Use HC 4 to prevent a refund of any remaining credits, when necessary. For a list of exceptions to inputting the TC 290 .00 with RC 139, refer to IRM 25.23.4.3.1, CII and IDRS Case Controls, paragraph (1) exception.

      Note:

      When the duplicate return is a CP 36F converted in error, refer to Exhibit 25.23.4-4, Identity Theft (IDT) Functional Routing and Referral Chart.

    5. Cases including Compliance issues - Follow functional guidelines to determine if the case needs to be returned to the function that made the referral (i.e., Open AUR cases). Notify them of the No IDT determination.

      Reminder:

      If you make a No IDT determination on a case that had Exam involvement, the documentation attached to the claim may be enough for a possible audit reconsideration for Exam. See IRM 25.23.10.7.4, IDTVA Specialties Exam Identity Theft Case Processing, for more information.

  3. When you have determined the taxpayer is not a victim of identity theft and the case is IRS initiated, take the following actions:

    1. Use IDRS Command Code REQ77 initiated from Command Code ENMOD to input a TC 972 AC 522 reflecting a Tax Administration Source Code of IRSERR and the tax year of the identity theft incident. See IRM 25.23.2-11, IMF Only TC 972 AC 522 – Reversal of TC 971 AC 522, for additional information. Refer to "c" below.

      Caution:

      If, at the time of case closure, you find the entity has not been flagged with a TC 971 AC 522 IRSID, you must enter a TC 971 AC 522 IRSID to be reversed by TC 972 AC 522 IRSERR.

      Reminder:

      When the TC 971 AC 522 IRSID is input, the TC 972 AC 522 IRSERR must be post delayed one cycle to allow the TC 971 AC 522 to post first.

    2. If a TC 470 was input to freeze collection notices, input a TC 472 to reverse hold and resume the issuance of systemic balance due notices. If the module is in a collection status (03, 22, 24, 26, or 58), prepare Form 14394, Identity Theft Collection Alert, and route to IDTVA Specialty Functions (ACSS) for processing. Refer to IRM 25.23.4.12.3, Collection Activity - Resume Collection Actions.

    3. When the account requires additional actions to fully resolve the module (i.e., DUPF, XRET, MXEN, etc.), refer to IRM 25.23.4.10.12.4, Amended or Duplicate Returns and Identity Theft (IDT) - No IDT Determinations. Input TC 290 .00 with RC 139 to indicate the account was reviewed for an identity theft issue. Use HC 3. Use HC 4 to prevent a refund of any remaining credits, when necessary. For a list of exceptions to inputting the TC 290 .00 with RC 139, refer to IRM 25.23.4.3.1, CII and IDRS Case Controls, paragraph (1) exception.

      Note:

      When the duplicate return is a CP 36F converted in error, refer to Exhibit 25.23.4-4, Identity Theft (IDT) Functional Routing and Referral Chart.

  4. When a No IDT determination is made but there are allegations of return preparer misconduct, provide information on filing a claim (Form 14157, Return Preparer Complaint, or Form 14157-A, Tax Return Preparer Fraud or Misconduct Affidavit) and required documents when sending the IDT determination letter. Input TC 972 AC 522 with tax administration source NOIDT.

  5. Specialty Functions Only – If the taxpayer provides falsified or altered documentation, when returning the case to the Compliance function, suggest the case be referred to the Campus Fraud Coordinator (CFC) as a potential fraud referral.

25.23.4.10.16 (04-11-2023)

No Reply

  1. When taxpayers do not respond to a request for more information (NORPLY) consider their claim invalid. Before proceeding, refer to IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written).

    Caution:

    When a taxpayer’s statement indicates they have lost personally identifying information, the taxpayer is a victim of non-tax-related identity theft. Refer to IRM 25.23.4.8, Identity Theft (IDT) Common Number (CN) Ownership and Case Processing Determinations, for additional information.

  2. Use the following table to determine what actions to take if the taxpayer does not respond to the request for additional documents or information:

    Exception:

    See IRM 25.23.4.3.1, CII and IDRS Case Controls, paragraph (1) for a list of exceptions for inputting the TC 290 .00 with RC 139.

    If Then
    (1) There is not enough information in the taxpayer’s previously submitted correspondence to make an IDT determination.

    • Send a closure letter. Include the following special paragraph or similar verbiage:

      Note:

      If you copy and paste the following paragraph into the letter, do not include the quotation marks.


      "Since you did not respond to our request for additional information, we are unable to make an identity theft determination and have closed your case. For further consideration, please provide us with the previously requested information. Until then, no further action regarding your identity theft claim will be taken. Collection or Non-Filer actions will resume, if applicable."

    • Use Command Code REQ77 initiated from ENMOD to input a TC 972 AC 522 reflecting a Tax Administration Source Code of NORPLY and the tax year of the identity theft incident.

      Exception:

      If, at the time of case closure you find the Entity module has not been flagged with a TC 971 AC 522 IRSID/UNWORK, you must enter a TC 971 AC 522 UNWORK so it can be reversed with a TC 972 AC 522 NORPLY.

      Reminder:

      The TC 972 must be post delayed one week to allow the TC 971 to post.

    • See IRM 25.23.2-11, IMF Only TC 972 AC 522 - Reversal of TC 971 AC 522, for additional information.

    • Input a TC 472 to reverse the hold and resume the collection process, if there is a TC 470 that was input to freeze collection notices.

    • Prepare Form 14394, Identity Theft Collection Alert, and route to IDTVA ACSS to resume collection actions if there is a balance due on the alleged IDT tax year or any other year.

    • Input TC 290 .00 with RC 139 to document the identity theft claim. Use HC 3. Use HC 4 to prevent a refund of any remaining credits, when necessary.
    (2) The taxpayer did not respond to a request for a return or for information to make a return complete.

    • Follow all normal IDT case procedures for resolving the account, including nullifying any returns that were determined to have been fraudulently filed and adjusting any applicable credits.

      Caution:

      Do not input a TC 972 AC 522 NORPLY. Take the necessary corrective actions to resolve the identity theft issue and close the case. Send a Letter 4674C informing the taxpayer of the actions that were not taken because they did not respond.

    • Specialty Resolution only: Follow functional guidelines if the case contains compliance issues.

    • When the account requires additional actions to fully resolve the module (i.e., DUPF, XRET, MXEN, etc.), refer to IRM 25.23.4.10.12, Amended or Duplicate Returns and Identity Theft (IDT), and the applicable subsection. Include RC 139 and HC 3 or HC 4 to prevent a refund of any remaining credits when adjusting the account.

      Note:

      When the duplicate return is a CP 36F converted in error, refer to Exhibit 25.23.4-4, Identity Theft (IDT) Functional Routing and Referral Chart.

    • Follow functional guidelines to determine how to handle missing or incomplete returns. See IRM 25.23.4.17, Determining Tax Liability/Form 2209 Instructions, IRM 25.23.4.6.5, Documentation Requests, Return Processing and Missing Information, and IRM 25.23.4.6.5.2, Unprocessed Documents, for additional instruction, as applicable.

    Example:

    A Taxpayer’s account contains a TC 150 and a TC 976. Also, present on the account is a TC 922. A determination is made that the TC 150 return filed is invalid per IRPTR data and the TC 976 is valid. The taxpayer’s response indicates a return was fraudulently filed for them but makes no mention of the issues proposed in the CP2000 notice. The TC 976 return doesn’t include all of the underreported income. The underreported income appears to be valid, but it is unclear if the underreported income is included in the identity theft claim. A Letter 5064C is sent inquiring why the U/R income was not included on the taxpayer’s return. The taxpayer never responds to the 5064C. The case would not be closed as NORPLY even though the taxpayer did not respond to the Letter 5064C. There is still enough information to make determinations on the returns that were filed. The TC 150 would be nullified and the TC 976 processed. Due to the taxpayer not responding, no adjustment would be made to the AUR assessment except to abate any income that is included on the TC 976 return. A Letter 4674C would be sent informing them an AUR assessment remains on their account since they did not respond to our letter. The account would be marked with a TC 971 AC 501.

  3. Specialty Resolution only - If the taxpayer provides falsified or altered documentation, when returning the case to the Compliance function, suggest the case be referred to the Campus Fraud Coordinator (CFC) as a potential fraud referral.

  4. The following is an example of a case determined to be a no reply (NORPLY):

    Example:

    On February 14, 2017, the taxpayer contacted SBSE Exam regarding a 2015 statutory notice of deficiency. The taxpayer claimed that he MUST be a victim of identity theft as someone else claimed his dependents. The exam employee input a TC 971 AC 522 PNDCLM to flag the account as potential identity theft and requested the taxpayer provide a valid claim and\or additional information within the next 30 days. The case was put into suspense for 45 days. The taxpayer did not respond. On April 18, 2017, the exam employee reversed the pending identity theft claim using TC 972 AC 522 NORPLY and continued to work the case using normal exam procedures.

    Reminder:

    If the taxpayer does not provide a valid claim and\or additional information when requested, proceed with case resolution assuming the taxpayer is not an identity theft victim.

  5. If the year in question being reversed is older than the current calendar year minus 7 years, CC REQ77 will not accept the year. See IRM 25.23.2.3.8.1, Command Code REQ77 Secondary Date and Old Case Year Issue, for more information.

25.23.4.11 (10-01-2022)

Identity Theft (IDT) Cases Requiring Special Treatment - Operations Assistance Requests (OARs)

  1. Refer to guidance in the following subsections to process OARs, including those OARs associated with unprocessed original returns.

  2. OARs may be Economic Burden cases (Criteria 1-4) or Systemic Burden cases (Criteria 5-7).

  3. For OARs in Criteria 5-7 that are not marked "Expedite" , follow normal procedures for accepting and working the OAR.

    Note:

    OARs in Criteria 5-7 not marked as "Expedite" will not be rejected.

25.23.4.11.1 (10-01-2020)

Identity Theft (IDT) Expedite Operations Assistance Requests (OARs) - (Cases that Meet Economic Burden Criteria 1-4 and Contain Unprocessed Original Returns; TC 976 Documents) - Austin IDTVA-A ONLY

  1. TAS will route Expedite Economic Burden Criteria 1-4 OARs (including Spanish) to the Austin IDTVA-A Adjustments TAS Liaison if they meet one of these conditions:

    • There is an unprocessed original return (no TC 976) that was sent directly to TAS.

    • There is a return on CII but no TC 976 posted and the TC 150 was not filed by the SSN owner.

    • There is no TC 976, but there is a TC 977 generated by a TC 971 AC 010, and the taxpayer’s original return is on CII and has no valid return DLN on it.

      Caution:

      If a TC 977 posted with a DLN and the information has posted to CC RTVUE and TRDBV instead of a TC 976, then the case can be worked by any IDT site. These returns have gone through processing.

      Caution:

      These procedures are not intended for valid returns moved to MFT 32 in error.

  2. This procedure is limited to cases requiring expedite processing due to economic burden. All other IDT cases will be routed using established procedures.

  3. TAS will continue to complete the preliminary research on these cases before they are routed and will ensure ALL the following criteria are met:

    • The issue is ID theft

    • The OAR is a Criteria 1-4 Economic Burden Case

    • The case contains an unprocessed original return with the case as described above. (The TC 150 return was not filed by the SSN owner and no TC 976 posted)

    • All other preliminary research is completed

    • The unprocessed return has an IRS received date stamp when submitting to IDTVA-A, or is received in IDTVA-A within one day of receipt in TAS. All required documentation must be attached. If there is no IRS received date stamp, the date the OAR is received by Austin IDTVA-A will become the IRS received date for the return.

    • If the return is already on CII, the received date will be the date the return was received in ICT

  4. Before processing the case, employees will follow normal procedures to determine CN ownership.

  5. If the case does not meet IDT criteria, per IRM 25.23.4, IDTVA Paper Process, or the OAR should have been sent to an area outside of the IDTVA Directorship, the employee will reject the OAR back to the assigned TAS caseworker per the IDTVA SLA Addendum and complete page 2 explaining why the OAR is being rejected.

  6. If the case is complete and CN ownership has been validated, employees should adjust the account per procedures in IRM 25.23.4, IDTVA Paper Process. Please update the ASED as required.

  7. The Austin IDTVA-A Directorate will work these cases and follow specific guidance provided by SP Accounting to process the manual refund, per guidance in IRM 21.4.4.3, Why Would A Manual Refund Be Needed, and the following:

    • If there is no IRS received date stamp, the date the OAR is received by Austin IDTVA-A will become the IRS received date for the return.

    • A copy of the unprocessed return, depending on your determination, will be submitted along with an IDRS print to show the credit.

    • IDTVA-A will send the original return to SP per local procedures, to expedite the processing of the TC 976 document.

    • IDTVA-A will monitor the case for additional closing actions needed (i.e., the posting of the TC 976 that will generate a -A freeze and the posting of the TC 841/TC 840).

25.23.4.11.2 (02-04-2020)

Normal Operations Assistance Request (OAR) Processing

  1. IDTVA accepts OARs related to IDT Accounts, IDT Compliance, Fraudulent Return Requests (FRR), and Return Preparer Misconduct (RPM) per the IDTVA SLA Addendum. IDTVA also accepts OARs for other issues if there is an open or closed IDRS control for an IDTVA employee.

  2. IDTVA employees will follow OAR guidance in IRM 21.1.3.18.1, Operations Assistance Requests (OARs) Accounts Management Guidelines, to reject or reroute an OAR that is sent to IDTVA in error. Complete Section VI of Form 12412, Operations Assistance Request, when rejecting or returning an OAR to TAS. The IDTVA SLA Addendum also provides guidance on communication with TAS, translation of documents, and other aspects of routing OARs.

  3. TAS should submit OARs through group email boxes or fax numbers, not by sending emails to individual employees. If an OAR is emailed to an individual employee, accept the OAR, but provide feedback to the TAS employee and their manager about the proper routing of OARs.

  4. TAS should also provide a translation or summary of any documents not in English. If untranslated documents are submitted with an OAR, accept the OAR, but contact the TAS employee for a translation or summary. If necessary, ask for an extended completion date.

  5. If the OAR does not list the research completed, the findings of the research, or the action requested, return the OAR to the TAS employee for proper completion. If necessary, ask for an extended completion date.

  6. If the OAR is complete and has not been scanned as a CII image, Form 12412 and all associated documents must be scanned into CII upon receipt. If a Form 14039 is attached, update with TC 971 AC 522 UNWORK and send an acknowledgement letter to the taxpayer if those actions have not already been taken.

  7. When assigning IDTVA Specialty Function (Compliance) OARs on CII, follow the table below.

    If And Then
    (1) A paper OAR is received in IDTVA-A inadvertently, There is no case open in CII that should be routed to IDTVA Specialty Function (Compliance), Assign the OAR to the Functional TAS Coordinator on CII using Case Priority Code 1 and appropriate Category Code.

    Note:

    Be sure all supporting information is on CII before assignment.
    (2) A paper OAR is received in IDTVA-A inadvertently, There is a CII case previously assigned to IDTVA Specialty Function (Compliance), Link the OAR to the open Compliance case and assign the OAR to the Functional TAS Coordinator, using Case Priority Code 1.
    Functional TAS Coordinator IDRS numbers are posted in the IDTVA ATAO shared folder.

  8. The priority for working OARs is as follows:

    1. Criteria 1-4 marked "Expedite"

    2. Criteria 5-7 marked "Expedite"

    3. Other Criteria 1-4

    4. Other Criteria 5-7

  9. When completing actions required to resolve an Operations Assistance Request (OAR), IDTVA will complete any required adjustments and prepare required forms for Submission Processing functions, including Accounting, as appropriate. The forms will accompany the completed Form 12412, Operations Assistance Request, to TAS. TAS will open a new OAR to the SP function and forward the forms for processing.

  10. Accounts adjusted during the completion of an OAR will be monitored for unpostable transactions. Unpostables on OARs will be corrected within 3 days of identification.

  11. CII OAR cases must be closed with the appropriate functional category code. Paper OARs must be retained for 90 days after completion.

25.23.4.12 (03-09-2021)

Collection Activity - Form 14394/13794

  1. Form 14394, Identity Theft/RPM Case Collection Alert, is used to suspend/resume collection activity. It is critical that taxpayers are not harmed while IDT claims are being considered.

    Form 14394 has two purposes:

    • To suspend collection activity while IDT claims or issues are being processed, or

    • To resume collection activity, reinstate an installment agreement, or place in Currently Not Collectible (CNC) status, if there is a balance due when all IDT claims or issues have been resolved.

    Note:

    If a Form 14394 was not sent upon receipt of the IDT claim and you will be completing the case that same day, it is not necessary to complete Form 14394 to suspend collection activity. Send only one Form 14394 if a balance remains after the account is corrected to ensure collection activity continues. Form 14394 is not required if the account is not in Master File or Service Center collection status 03, 22, 24, 26, or 58.

    Caution:

    A second Form 14394 is not required if there is no tax balance, only penalty and interest on the account.

  2. Form 13794, Request for Release or Partial Release of Notice of Federal Tax Lien, is used to release a lien on property and rights to property of a potential IDT victim. The decision to complete a Form 13794 is completely separate from the Form 14394.

    • Input as much information as possible regarding the abatement. You may include specific details such as the date the lien was satisfied or resolved, payment information, and/or a reminder to abate the associated TC 360 lien.

    Note:

    The forms should be completed upon receipt, or at the earliest time possible.

  3. When a Form 14394 or Form 13794 is completed for an open CII case, the form must be attached as a .pdf. Input a CII case note describing the action(s) taken to address collection activity.

25.23.4.12.1 (06-06-2022)

Collection Activity - Form 14394

  1. To ensure the taxpayer is not being harmed from a levy, the following items require action:

    1. Either master file or service center collection status 03, 22, 24, 26, or 58

      Note:

      Input a TC 470 CC 90 when the corrective adjustment will full pay the balance. Input TC 470 with no CC when the identity theft claim is pending and/or there will still be a balance owed.

    2. FPLP, AKPFD, MTLP, SITLP: The case has been in status 22, 24, or 26 AND there is a balance due AND has a TC 971 AC 060-FPLP (Federal Payment Levy Program) or TC 971 AC 601-AKPFD (Alaska Permanent Fund Dividend Levy Program) or TC 971 AC 602-MTLP (Municipal Tax Levy Program) or TC 971 AC 600-SITLP (State Income Tax Levy Program) or TC 670 (Subsequent Payment) DES-PYMT-CD>PC 05 (levy) or 20 (SITLP).

    3. Active Levy: Taxpayers indicate they have an active levy against them. Levy payments will have a TC 670 DPC 05 or 20.

    4. TC 971 with literals "FPLP" (Federal Payment Levy Program): Cases subject to the FPLP will have a TC 971 AC 062, and levy payments will have a TC 670 DPC 18 or DPC19.

  2. If the case did not originate from IDTVA-ACSS, verify a Form 14394, Identity Theft/RPM Case Collection Alert, was sent to IDTVA-ACSS. If IDTVA-ACSS was not notified, follow instructions for issuing Form 14394 as indicated on the form.

    Reminder:

    The Form 14394, Identity Theft/RPM Case Collection Alert, should be completed upon receipt, or at the earliest point possible.

    Exception:

    Form 14394 is not required to be completed for cases currently being worked by IDTVA-ACSS. The employee working the case will address collection activity, as needed.

  3. If the collection status is 26 and the case did not originate from the field, verify a Form 14394 was sent to the Revenue Officer (RO). If the RO was not notified, follow instructions for issuing Form 14394 as indicated on the form. The RO will stop collection activity for the years in question. Do NOT send the case. The determination should be made by the function. You can locate the RO by searching SERP, click the Who/Where tab, then click RO by TSIGN/ZIP/STATE. Enter the first six digits of the RO assignment number. Fax/EE-Fax to the number provided for the RO group.

  4. The following transactions indicate a reversal or block from the Federal Payment Levy Program. TC 972 AC 060 (module reversed out of FPLP), TC 971 AC 061 (module blocked from FPLP). If these transactions are present and the only collection action identified is FPLP, no action is necessary and Form 14394 is not required.

    Note:

    TC 971 AC 061 expires after 52 weeks. When a posted TC 971 AC 061 will expire and the case will not be resolved prior to expiration, input another TC 971 AC 061 to continue to prevent FPLP actions.

  5. Routing of the Form 14394 is required to be documented in a CII or AMS case note. The case note should include the suggested verbiage as follows:

    1. "Form 14394 sent to suspend collection activity" , or

    2. "Form 14394 sent to continue collection activity, reinstate an installment agreement, or Currently Not Collectible (CNC)" .

  6. If the case is determined not to be IDT (NOIDT), notify ACSS, via Form 14394, to resume collection activity. Check the appropriate boxes indicating that the IDT issue has been resolved.

25.23.4.12.2 (07-15-2021)

Collection Activity - Form 13794 Additional Actions Required - Lien

  1. If there is a TC 582 (Lien Indicator) or TC 360 (Lien Fee Assessment) posted and a full abatement will reverse the tax liability to zero, prepare Form 13794, Request for Release, Partial Release, of Notice of Federal Tax Lien. Form 13794 should be completed and forwarded to the Collection Advisory.

    Note:

    Only Collection Advisory has the authority to reverse lien fees (TC 360) on accounts impacted by IDT.

  2. Take the following actions when completing the Form 13794:

    1. Input as much information as possible regarding the abatement

    2. Include the Serial Lien Identification (SLID) Number from the Notice of Federal Tax Lien, if available

    3. Check box 9 indicating "Erroneous Lien"

    4. Include "ID Theft" in the "Reason" box

    5. Fax/EE-Fax or email Form 13794 to the Collection Advisory Unit for the state where the taxpayer currently resides

      Note:

      If you do not have access to the Automated Lien System (ALS), include a note asking Advisory to complete the SLID and TSIGN.

  3. Collection Advisory contacts can be found under the Who/Where tab on the SERP Home Page on the Advisory Units Contact List.

    Reminder:

    When adjusting an IDT account where a NFTL was filed on the account (TC 582 posted) and a tax liability remains after the account has been adjusted the NFTL will remain in place. The NFTL will be systemically released when the account balance is satisfied (zero).

  4. The Advisory Unit will review the Notices of Federal Tax Lien (NFTL) filed against the taxpayer using the Automated Lien System (ALS). If all modules on the NFTL are satisfied, Advisory will request the release of the NFTL as an erroneously filed NFTL per IRC 6326(b). The release of the NFTL will reverse the TC 582. Advisory will abate the TC 360 associated with the NFTL filing and issue Letter 544, Letter of Apology - Erroneous Filing of Federal Tax Lien, to the taxpayer.

    Note:

    Routing of the Form 13794 is required to be documented in a CII or AMS case note.

  5. If it has been more than 30 days since the lien release posted and the taxpayer has any issue with requests for the Notice of Federal Tax Lien (NFTL) to be released, refer the taxpayer to Publication 1450, Instructions for Requesting a Certificate of Release of Federal Tax Lien, to submit a written request for Certificate of release of erroneously filed Notice of Federal Tax Lien. The release date can be calculated based on the posting of the reversal of the TC 582 and TC 360.

25.23.4.12.3 (12-20-2022)

Collection Activity - Resume Collection Actions

  1. If the case is in either master file or service center status 03, 22, 24, 26, or 58, resume collection activity upon completion of determination and/or case actions when:

    • A "NOIDT" determination is made. Notify ACSS via Form 14394 to resume collection activity. Check the appropriate box indicating that the "NOIDT" determination has been made and there is a remaining tax balance due. Input a TC 472 if a TC 470 was previously input.

    • The action taken will result in a tax balance due. Notify ACSS via Form 14394 to resume collection activity. Check the appropriate boxes indicating that the account has been resolved and there is a remaining balance due. Input a TC 472, if a TC 470 was previously input.

      Caution:

      A second Form 14394 is not required if there is no tax balance, only penalty and interest on the account.

    • If Form 9409 was prepared to remove wages, check the boxes for "Levy Source(s) Deleted" and "Other" . In the field for "Other" , include a statement instructing them to see AMS history for deleted sources.

25.23.4.13 (10-01-2020)

Requests for an Appeal

  1. There are no appeal rights associated with a No IDT determination. Taxpayers may provide additional information for consideration if they believe their claim is valid. New information received must be considered. If, after review, the new information does not support changing the original determination, see IRM 25.23.4.10.13, Identity Theft (IDT) - Previous Action. When the new information will result in a determination of IDT, work the case following normal procedures.

  2. Taxpayers have various appeal rights that can be requested on cases that were worked within Compliance. The different appeal rights are as follows:

    • Non-docketed cases – A taxpayer can request a conference with Appeals on an examination that is pre-Notice of Deficiency when the taxpayer disagrees with Exam’s determination.

    • Docketed cases – A taxpayer can petition the Tax Court based upon a Notice of Deficiency when a taxpayer disagrees with an ASFR, AUR, or Exam determination. The taxpayer is generally afforded an Appeals conference prior to the trial date before the Tax Court.

    • Collection Due Process (CDP) cases – A taxpayer is entitled to a CDP hearing when the taxpayer timely requests one, there is unpaid tax, and the taxpayer is disputing the enforced collection action (may be an ASFR, AUR, Exam assessment case).

    • Reconsideration Appeal – A Compliance assessment was made and the taxpayer submitted a request for reconsideration which was denied, except for Return Preparer Misconduct cases. See note under IRM 25.23.4.13.2, Taxpayer Requests a Reconsideration Appeal of an Invalid Identity Theft Determination. A taxpayer can request their case be reviewed by Appeals.

  3. When taxpayers file an appeal, the case is normally routed to Appeals for consideration. Appeals will review the cases based upon the facts and circumstances of the case. Appeals gives full, fair, and impartial consideration to the merits of each new issue a taxpayer raises once the originating function has had an opportunity to examine the issue.

  4. Cases with Appeals involvement may be identified as follows:

    1. A -L or -W freeze code (a TC 520 with a closing code 72, 76 or 77) is present on the account.

    2. Cases that are returned from Appeals.

25.23.4.13.1 (12-16-2019)

Cases with -L or -W Freeze Codes

  1. Any IDT or RPM case that contains a -L or -W freeze should be reviewed on IDRS to determine if the case is in Appeals status. See Document 6209, IRS Processing Codes and Information, Section 13, Appeals and TE/GE, Status Codes for Appeals.

    Reminder:

    A TC 520 with a closing code 72, 76 or 77 indicates the case is in Appeals status.

  2. Once the Appeals Status Code is identified, follow the chart below for the proper handling of the case:

    If the Case is AIMS Status: And Then
    (1) 80 – Non Docketed The taxpayer has provided sufficient documentation to determine whether the taxpayer is a victim of Identity Theft,

    • Review all taxpayer documentation and evaluate the claim following normal procedures.

    • Perform all necessary account actions, including adjustments.

    • Inform the taxpayer of the outcome.

    • Prepare Form 10467, Appeals Division Feedback Report and Transmittal Memorandum with the determination and all actions taken. Include a copy of the letter issued to the taxpayer that reflects the determination or a statement on Form 10467 when the CP 01 will serve as the closing letter.

      Note:

      Form 10467 must include an explanation when the CP 01 will not be issued and a closing letter is not being sent.

    • Forward Form 10467 to Appeals via secured email to: *AP Inquiries. See Exhibit 25.23.4-14, Format for Emails to Appeals, for additional information.

    • Close your CII case.
    (2) Status 80 – Non Docketed The taxpayer has not provided sufficient documentation to determine whether the taxpayer is a victim of Identity Theft,

    • Review all taxpayer documentation and evaluate the claim, following normal procedures.

    • Perform all necessary account actions.

    • Input TC 290 .00 with a Reason Code 131 or 139, as applicable. Use a Hold Code 3 and Source Code 1 on the adjustment.

    • Inform the taxpayer of the outcome.

    • Prepare Form 10467 with the determination and all actions taken. If the taxpayer does not respond to a request for information or if their submitted information is incomplete, notate on the Form 10467 what documentation is still needed for a determination to be made. If the claim is denied, include the reason for the denial. Include a copy of the letter issued to the taxpayer reflecting the determination.

    • Forward Form 10467 to Appeals via secured email to: *AP Inquiries. See Exhibit 25.23.4-14, Format for Emails to Appeals, for additional information.

    • Close your CII case.
    (3) Status 82 Docketed Appeal (TC 520 with a closing code 72). Regardless of whether the taxpayer has provided sufficient documentation to determine whether the taxpayer is a victim of Identity Theft,

    • Review all taxpayer documentation and evaluate the claim.

    • Do not adjust the account.

    • Do not issue a closing letter. Appeals will address the determination with the taxpayer.

    • Prepare Form 10467 with the determination and all actions taken. If the taxpayer does not respond to a request for information or if the submitted information is incomplete, notate on the Form 10467 what documentation is still needed for a determination to be made. If the claim is denied, include the reason for the denial.

    • Forward Form 10467 to Appeals via secured email to: *AP Inquiries. See Exhibit 25.23.4-14, Format for Emails to Appeals, for additional information.

    • Close your CII case as MISC.

    Note:

    Cases currently in AUR or ASFR inventory will be worked by AUR or ASFR, as applicable, following this guidance and not transferred to IDTVA Exam as outlined in Exhibit 25.23.4-5, IDTVA Routing Matrix.

    Note:

    If a taxpayer is alleging IDT on multiple years, Appeals will only address the year under its jurisdiction. The tax years not under Appeals jurisdiction must be worked following normal procedures.

  3. If the case is Collection Due Process (CDP), identified by a TC 520 with a closing code of either 76 or 77, follow the directions for AIMS status 80 Non-docketed from the table in (2) above.

25.23.4.13.2 (12-16-2019)

Taxpayer Requests a Reconsideration Appeal of an Invalid Identity Theft Determination

  1. If a taxpayer’s IDT claim is determined to be invalid and the taxpayer indicates they want their case to be reviewed by the Appeals Function, the taxpayer must show they made an attempt to document their entitlement through the reconsideration process and their request had been denied. All evidence provided by the taxpayer must be reviewed by the CSR/TE before the referral to Appeals. Refer to IRM 8.2.1.5, Returning a Case to Examination - ATE, and IRM 8.2.1.6, Preliminary Review of a Case - ATE. For these cases and any case previously worked by Appeals, complete the steps below before sending the case to Appeals:

    1. Close the CII case as a route to Appeals. Input a TC 470 to ensure the taxpayer is not subjected to collection activity pending the appeal of the IRS determination.

    2. Send Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office to the taxpayer advising the case is being transferred to Appeals. Include the following special paragraph, "As you requested, we are transferring your case for a hearing with an independent appeals officer. During the time your case is in Appeals, we will not pursue any collection activity on your account. However, you should know that interest and applicable penalties will continue to accrue if there is still a balance due after the Appeals decision. Therefore, you might want to make voluntary payments during the time Appeals is considering your case to minimize any interest or penalties if you ultimately do owe."

    3. Forward the case to the appropriate Appeals Office per the Appeals Routing guidelines in (4) below.

      Note:

      Denied RPM reconsideration claims should not be referred to Appeals if the taxpayer disagrees with the determination. On denied RPM claims, the taxpayer’s only right is to file suit to recover tax, penalties, or other amounts with the United States District Court that has jurisdiction or with the United States Court of Federal Claims.

  2. Complete Form 3210, Document Transmittal, and include the following information:

    • Sender’s full name, Stop Number, Mailing Address and Phone Number.

    • A full description of items being sent.

    • The taxpayer’s name and SSN.

    • Tax period(s) of cases being sent.

  3. Appeals Case Building Guidelines - The documents below may have to be requested from files or printed from CEAS, the AUR system, or AMS. When building the case include the following:

    1. Taxpayer’s original return

    2. Original Compliance Adjustment

    3. Report(s) (example - Form 4549 or CP 2000)

    4. Reconsideration Adjustment (if reply to Recon disallowance)

    5. Work papers

    6. Taxpayer Correspondence

    7. Letters; Initial contact, 30-Day, CP 2000, etc.

    8. Statutory Notice of Deficiency

    9. IDRS Research

      Note:

      If requesting administrative files, make two attempts three weeks apart (the second request should be a special search). If the administrative file is not received from Files three weeks after the second request, forward without the requested documents. Attach prints of ESTAB requests input and any Charge Outs from Files to verify the documents were requested.

  4. Appeals Routing Guidelines - Ensure cases are routed to the correct Appeals office as identified by the Appeals Office code. Consult the Appeals website at Appeals Case Routing for case routing addresses. See IRM 4.13.7-5, Appeals Account Resolution Specialist.

    Note:

    Communication between the referring function and Appeals that address the strengths and weaknesses of the issues and positions of the parties, accuracy of the facts, credibility or cooperation of the taxpayer, etc., are prohibited unless the information communicated has been shared with the taxpayer. However, communication between the referring function and Appeals relating to ministerial, administrative, or procedural matters are permissible. Refer to sections 2.02(6) and 2.03(3) of Rev. Proc. 2012–18, Ex Parte Communications Between Appeals and Other Internal Revenue Service Employees, for additional discussion regarding ex parte communication with Appeals

25.23.4.13.3 (01-31-2023)

Cases Returned from Appeals

  1. If a case originated in a campus, the taxpayer petitioned Tax Court or requested an Appeals hearing, and the IDT/RPM allegation is a new issue or new information was provided, Appeals may return cases to IDTVA to review and address the IDT or RPM allegation, provided that there is sufficient time remaining on the statute of limitations.

  2. Appeals will review the case to determine whether the taxpayer has provided new information that was not previously shared or if the taxpayer is alleging an IDT/RPM claim for the first time. It is considered a new issue if the taxpayer did not raise the IDT/RPM allegation during the normal process.

  3. Appeals will retain jurisdiction of docketed or CDP cases when forwarding to IDTVA. Appeals will release jurisdiction back to IDTVA on non-docketed cases.

  4. Appeals will send via email cases where the taxpayer has submitted new information or raised a new issue in Appeals to the appropriate function, as outlined below

    1. RPM cases will be routed to *W&I IDT:KC:SPEC-EXAM

    2. IDT cases will be routed to *WI EEF IDTVA OP3 D3 T306

  5. All referrals from Appeals will contain Form 10467, Appeals Division Feedback Report and Transmittal Memorandum, and any information the taxpayer provided to Appeals. The Form 10467 will provide sufficient information as to whether jurisdiction was released or retained by Appeals.

  6. All referrals must be scanned into CII, if the documentation was not previously scanned. The correct category code and OFP codes must be used when creating a case or sending the information to be scanned.

  7. Once the case has been reviewed and a determination made, all docketed and CDP cases received from Appeals must be returned to the originating employee identified on the Form 10467.

25.23.4.13.3.1 (12-16-2019)
Non-Docketed Cases Returned from Appeals

  1. Appeals will return non-docketed cases to IDTVA when Appeals determines the IDT or RPM claim is a new issue or that the taxpayer provided new information that was not previously considered, if there are at least 210 days remaining on the statute of limitations.

  2. All returned non-docketed cases should be scanned and assigned directly to a CSR/TE. The assigned CSR/TE will review the documentation provided by Appeals and determine if the IDT or RPM allegation is valid following normal procedures.

  3. If the campus cannot work the case (referred in error) or the IDT or RPM was previously addressed by IDTVA:

    1. Complete the explanation section of the Form 10467, Appeals Division Feedback Report and Transmittal Memorandum. Ensure to document the reason the case is being returned, (e.g., previously adjusted) and annotate the previous determination.

    2. Return case and Form 10467 back to the originating Appeals employee.

    3. Close the CII case.

  4. Upon review of the case, if the taxpayer is determined to be a "Victim of IDT" , complete all account actions, including adjustments. Do not return the case to Appeals. Close following normal procedures.

  5. If the taxpayer is determined to be "Not a Victim of IDT" , document the determination on the Form 10467; do not return the case to the originating Appeals employee. Route the Form 10467 using the following link, Appeals Case Routing and the steps below:

    1. In the "To Appeals from External Sources" section, select the "Case Routing Addresses and Instructions" link.

    2. Click on "Spreadsheet Tool" and the Case Routing Guide will open up.

    3. Using the drop down button, select the "Campus Location" . Select the campus where the case originated and mail the case to the address provided.

      Example:

      If the case is an AUR case that originated in Austin (TC 922 DLN starts with 18), select "Austin" from the drop down menu in the "Campus Location" field.

25.23.4.13.3.2 (12-16-2019)
Docketed Cases Received from Appeals

  1. On docketed cases where the IDT/RPM claim has not been considered, new information is received by Appeals not previously considered, or the IDT/RPM claim is considered a new issue, an Appeals Officer (AO) will forward the Form 10467 and information package to the appropriate IDTVA function via secured email.

  2. Appeals will retain jurisdiction of the case. In docketed cases, time is of the essence. Any docketed cases received must be worked within 45 days of receipt, unless additional documentation is needed from the taxpayer. Review the documentation provided by Appeals and determine if the IDT/RPM allegation is valid following normal procedures.

  3. If additional documentation is needed and the 45 day time frame cannot be met, contact the Appeals Officer (AO) to reach a new response date. If the taxpayer does not reply to a request for additional information, do not deny the claim. Inform Appeals of the determination. The denial will be addressed by Appeals.

  4. If the case is determined to be IDT/RPM, "no account adjustments" will be input. Complete Form 10467 with sufficient information to determine the necessary account adjustments. Appeals will input the account adjustments based upon the settlement agreement from the Tax Court.

  5. Complete the explanation section of Form 10467, documenting the determination. The explanation should be explicit, outlining all documentation received, determination made, and any potential account adjustments.

    Example:

    On an allowed RPM determination, the following information must be documented:

    • List of documentation submitted by the taxpayer

    • Applicable RPM category code (i.e., TC 504 AC RPM 3)

    • Preparer Information

    • Refund trace results, if applicable

    • Items inflated by the preparer

    • Relief to be provided to the taxpayer – (i.e., refund in the amount of X should be released to the taxpayer).

    • Underreported income that remains underreported on the return as intended to be filed or items disallowed by Exam, if applicable.

    Example:

    The taxpayer was audited for filing status, exemptions, and Earned Income Credit. The taxpayer has substantiated 2 of the 3 exemptions being disallowed by Exam. Annotate which exemption is still in question.

  6. If the campus cannot work the referral package, (i.e., the IDT/RPM was previously worked by IDTVA or referred to IDTVA in error):

    1. Complete the explanation section of the Form 10467. Document the reason the case is being returned, (i.e., previously adjusted) and annotate the previous determination.

    2. Return Form 10467 to the originating Appeals employee via secured email.

    3. Close the CII case.

  7. If an RPM claim is denied and meets the criteria to be referred to Exam, do not send to Cat A. Clearly identify the RPM issues between the posted return and the return as intended to be filed on the Form 10467. Appeals will address the Cat A issues.

  8. If an IDT claim contains a return from the SSN owner that requires processing and meets the DIF Bypass Criteria, do not refer to Exam. Inform Appeals that the return from the SSN owner must be assessed.

  9. Docketed cases received from Appeals will be scanned into CII, if the documentation was not previously scanned. The correct category code and OFP codes must be used when creating a case or sending the information to be scanned.

25.23.4.13.3.3 (12-16-2019)
Collection Due Process Cases Returned from Appeals

  1. The Appeals Officer (AO) will forward Collection Due Process (CDP) referral packages to IDTVA via secured email, when Appeals determines the IDT/RPM claim is a new issue or new information was received that was not previously addressed.

  2. The package will include documentation received in Appeals and Form 10467, Appeals Division Feedback Report and Transmittal Memorandum.

  3. Appeals will retain jurisdiction of the case. In CDP cases, time is of the essence. Any CDP cases received must be worked within 45 days of receipt, unless additional documentation is needed from the taxpayer.

  4. Review the documentation provided by Appeals and determine if the IDT/RPM allegation is valid following normal procedures.

  5. If additional documentation is needed, and the 45 day time frame cannot be met, contact the AO to reach a new response date. If no reply to requests for additional information, deny the claim and return to Appeals following normal procedures.

  6. If the case is determined to be IDT/RPM, all account actions and adjustments must be input prior to replying to Appeals. The explanation section of Form 10467 must be completed with the determination, all actions taken, and a copy of the closing letter to the taxpayer explaining the determination. If a CP 01 will serve as the closing letter, document Form 10467 with that information. Return the case to the originating Appeals employee via secured email.

  7. If the campus cannot work the case, (i.e., the IDT/RPM was previously addressed by IDTVA or referred to IDTVA in error):

    1. Complete the explanation section of the Form 10467. Document the reason the case is being returned, (i.e., previously adjusted) and annotate the previous determination.

    2. Return Form 14067 to the originating Appeals employee via secured email.

    3. Close the CII case.

  8. If the RPM claim is denied and must be referred to Exam, forward the case to Cat A following normal procedures. Include a statement that the case is CDP and request that the case be returned to Appeals upon completion of the audit. Include the Appeals employee’s name so the case can be referred back correctly. Inform the Appeals employee of the referral to Exam and all actions taken.

25.23.4.14 (02-04-2020)

Identity Theft (IDT) Cases Processed Incorrectly

  1. There may be instances when an employee incorrectly adjusted a case, or when the return was moved to MFT 32 in error. Actions should be taken immediately to resolve these issues. Follow procedures in IRM 25.23.4.15, MFT 32 Cases - Moved in Error, to correct the account.

  2. If it is necessary to reverse a TC 971 AC 501, TC 971 AC 506 or a TC 971 AC 522, refer to the applicable guidance as follows:

    • IRM 25.23.2.6.2, Manually reversing TC 971 AC 501

    • IRM 25.23.2.6.4, Manually reversing TC 971 AC 506

    • IRM 25.23.2.6.6, Reversing Unsupported Allegations of Identity Theft

25.23.4.14.1 (11-21-2018)

Identity Theft (IDT) Adjustment Errors

  1. If you receive any type of correspondence that an SSN owner did not receive their refund, received an incorrect refund amount, or an incorrect balance due notice, because the case was worked incorrectly, (e.g., an employee failed to input a required TC 971 AC 850 causing a second direct deposit into the invalid taxpayer’s account), treat the case as priority work. Telephone assistors will send a Form 4442, per IRM 25.23.12.4.1, Telephone Inquiries Regarding Tax Related IDTVA Cases, paragraph 4. Also see chart below for additional guidance.

    Exception:

    If all IDT actions have been taken on the account but you discover through your research the refund was not released due to a -R freeze, you can release the refund.

    If Then
    (1) The case meets TAS criteria. See IRM 13.1.7.2, TAS Case Criteria, Follow IRM 21.1.3.18, Taxpayer Advocate Service Guidelines, to complete a referral. Prior to referring the case, review paragraph (1)(e) of IRM 13.1.7.4, Exceptions to Taxpayer Advocate Service Case Criteria.
    (2) The case does not meet TAS criteria, Reassign to the specific area based on the Accounts Management Case Referral/Reassignment Listing, located on SERP.

    Note:

    The listing may not be all inclusive due to functional and/or organizational unit changes etc., Conduct the necessary research to determine the correct employee to refer case.

25.23.4.15 (03-16-2023)

MFT 32 Cases - Moved in Error

  1. If an IDTVA employee or another function’s employee made an incorrect determination to send a return to MFT 32, the employee who made the error should move the MFT 32 return to the MFT 30 if the following applies:

    • The MFT 32 was caused by SP and no additional account adjustments are needed to resolve the case.

    • The MFT 32 was caused by TPP/RIVO, but you do not have -A freeze on the account or an IDT claim from the TP that requires resolution.

    Note:

    To prevent additional delays to our customers, IDTVA employees will move MFT 32 cases back to MFT 30 when they are able to determine the correct CN owner and have a case in inventory that requires immediate attention.

    Caution:

    If the case was worked in an IDTVA Specialty Function, the case must be sent to the IDTVA Specialty Function employee for proper resolution.

  2. To refer the case, send a Form 4442, Inquiry Referral, to the employee that made the error based on the Form 4442 Referral Chart. The listing may not be all inclusive due to functional and/or organizational unit changes, etc. Conduct the necessary research to determine the correct employee to refer the Form 4442. Refer to the Accounts Management Case Referral/Reassignment Listing, located on SERP. Monitor the account for posting of the return. Then refer to paragraph (4).

  3. To resolve the case, refer to the table below and the additional instructions that follow.

    If And Then
    (1) The return posted to MFT 32 was filed by the valid taxpayer (current and immediately preceding year ONLY), There is no return present on MFT 30,

    • Move the valid return to MFT 30. See IRM 25.25.6.7, MFT 32 Procedures - Moving Identity Theft Returns, and IRM 25.25.6.7.1, Taxpayer Protection Program (TPP) Assistors, Taxpayer Assistance Center (TAC) Assistors, and Identity Theft Victims Assistance (IDTVA) Assistors MFT 32 Reversal Criteria & Procedures, for additional guidance.
    (2) The return posted to MFT 32 was filed by the valid taxpayer (current and immediately preceding year ONLY), There is a TC 150 return posted to MFT 30 that is an exact copy of the return moved to MFT 32,

    • Move the valid return to MFT 30. See IRM 25.25.6.7 , MFT 32 Procedures - Moving Identity Theft Returns, and IRM 25.25.6.7.1 , Taxpayer Protection Program (TPP) Assistors, Taxpayer Assistance Center (TAC) Assistors, and Identity Theft Victims Assistance (IDTVA) Assistors MFT 32 Reversal Criteria & Procedures, for additional guidance.

    • Update the MFT 30 ASED to reflect the received date of the valid taxpayer’s original return posted to MFT 32 if the received date is earlier than the received date of the return posted to MFT 30.

    • Input a CII case note indicating the return posted to MFT 30 is a true duplicate of the return posted to MFT 32.

    • If the ASED was updated, notate the action and the IRS received date of the valid taxpayer’s original return.
    (3) The return posted to MFT 32 was filed by the valid taxpayer (AFTER Cycle 47 or archived deleted), There is no return present on MFT 30,

    • Follow IRM 25.25.6.8, Archived - Deleted Return Processing Procedures.
    (4) The return posted to MFT 32 was filed by the valid taxpayer (AFTER Cycle 47 or archived deleted), There is a TC 150 return posted to MFT 30 that is an exact copy of the return moved to MFT 32,

    • Do not take action to move the return posted on MFT 32 to MFT 30.

    • Update the MFT 30 ASED to reflect the received date of the valid taxpayer’s original return posted to MFT 32 if the received date is earlier than the received date of the return posted to MFT 30.

    • Input a CII case note indicating the return posted to MFT 30 is a true duplicate of the return posted to MFT 32.

    • If the ASED was updated, notate the action and the IRS received date of the valid taxpayer’s original return.
    (5) The return posted to MFT 32 was filed by the valid taxpayer, There is a TC 150 return posted to MFT 30 that is not an exact copy of the return moved to MFT 32, and through research it is determined the taxpayer is not a victim of identity theft.

    • Consider the return posted to MFT 30 as an amended or superseding return. Update the MFT 30 ASED to reflect the received date of the valid taxpayer’s original return posted to MFT 32 if the received date is earlier than the received date of the return posted to MFT 30.

    • Input a CII case note indicating the return posted to MFT 30 is an amended or superseding return and the taxpayer’s original return posted to MFT 32.

    • If the ASED was updated notate the action and the IRS received date of the valid taxpayer’s original return.
    (6) The return posted to MFT 32 was filed by the valid taxpayer, There is a TC 150 return posted to MFT 30 that is not an exact copy of the return moved to MFT 32, and through research it is determined the taxpayer is a victim of identity theft.

    • Update the MFT 30 ASED to reflect the received date of the valid taxpayer’s original return posted to MFT 32, if necessary.

    • Input a CII case note indicating the taxpayer is a victim of identity theft, and their original return posted to MFT 32.

    • If the ASED was updated, notate the action and the IRS received date of the valid taxpayer’s original return in a CII case note.

    • Follow procedures in IRM 25.23.2.5.3, Statute protection - Multiple Returns and MFT 32.

    • Once the assessment has posted, follow procedures in paragraph (3) above to request the return to be moved from MFT 32 to MFT 30.

    • Monitor the account for posting of the TC 976. Then continue to paragraph (4).

  4. After the return has been moved back to MFT 32, take the following actions:

    • When completing reversals, use the correct information provided in Exhibit 25.23.2-9, IMF Only TC 972 AC 506 Tax-Related, Reversal of Identity Theft Case Closure, IRS Identified, for your BOD/Function.

    • Correct the account on MFT 30, and monitor for the release of the -A freeze if the return being transferred from MFT 32 posts as a TC 976.

      Caution:

      Moving it back to the MFT 30 may cause the account to go unpostable 126-0 again. All unpostable conditions must be resolved before additional actions can be taken on the account. See IRM 25.23.4.10.8, Identity Theft (IDT) Cases/Transcripts with RIVO and/or TPP Involvement Resolution Tables, for additional information.

    • Correct the entity, as needed.

    • Notify the SSN owner that they appear to be a victim of IDT, if the notification was sent to the wrong filer.

      Note:

      If multiple returns were not received, the TP whose return moved in error may not be a victim of ID Theft. If this is the case, notification is not necessary.

25.23.4.16 (12-20-2022)

Form 3245/3809 Reversals

  1. In certain circumstances, it may be necessary to reverse previous actions taken that debited the GL 1545 account with the posting of a TC 841 or TC 700 to the tax account. For example, a duplicate TC 841, actual credit has been returned to the module, etc.

  2. When it is determined by the originator or employee resolving a case that a TC 841 was initiated in error, a Form 3245, Posting Voucher - Refund Cancellation or Repayment, and Form 3809, Miscellaneous Adjustment Voucher, must be completed. The Form 3245 should be sent to Accounting to reverse the TC 841 with a TC 843 and the Form 3809 will be used to credit the GL 1545 account. Form 3245 and/or Form 3809 must include a brief explanation of the error and the DLN of the TC being reversed must be annotated on the forms. See Exhibit 25.23.4-2, Form 3245 Reversal, and/or Exhibit 25.23.4-3, Form 3809 Reversal, for proper annotations required for Form 3245/3809. In addition to this, 3 copies of Form 3809 and Form 3245 should be submitted when requesting a reversal and the originator should open a control base indicating "843 or 702 request" to prevent duplicate submissions to Accounting. Make sure the TC 841 to be reversed has posted to the taxpayer account before initiating the reversal action. Form 3245 and or/ Form 3809 should be forwarded to the Accounting function for numbering and journaling. The process of reversing the credits may take up to 8 weeks. If the credit cannot be seen as pending or posted, contact IDTVA P&A regarding the delay in processing the request. See IRM 3.17.80.2.7, Duplicate Identity Theft (IDT) TC 841 or TC 700 Posting Identified by Originators, for additional guidance.

    Note:

    Form 3245 and/or Form 3809 must be complete and legible for processing or the forms will be rejected back to the originating location. A current TXMOD print must be attached, or the Form 3245/3809 will be rejected back to the originating location.

  3. If you identify multiple TC 700s that have posted to the account, input a TC 570 on the account to avoid erroneous refund(s).

    Note:

    When multiple TC 700s result in a refund, complete research is needed to determine the recipient. If it's an ID theft account, follow ID theft procedures. If the owner of the EIN/SSN benefited from the refund then follow erroneous refund procedures in IRM 21.4.5.6.1, Account Actions for Category D Erroneous Refunds.

  4. For proper routing, refer to Accounts Management Case Referral/Reassignment Listing located on SERP.

    Note:

    The Form 3245/3809 should be routed to the Service Center (SC) identified by the first 2 digits of the TC 841/700 DLN.

  5. If the TC 843 or TC 702 is not posted or pending after 8 weeks, follow local procedures to contact IDTVA P&A to follow up with the appropriate site’s P&A.

25.23.4.17 (03-09-2021)

Determining Tax Liability/Form 2209 Instructions

  1. This section provides guidance on determining if the taxpayer is required to file a federal tax return, if the taxpayer should file a federal tax return to receive a refund, and when a Form 2209, Courtesy Investigation, is necessary.

    Note:

    Determining a taxpayer’s filing requirement is not required for current tax year if the return due date (RDD) has not passed.

  2. The taxpayer’s filing requirement will be determined by considering the following information:

    • Gross income (Gross income includes all income received in the form of money, goods, property and services that is not exempt from tax.)

    • Age

    • Filing Status

      Caution:

      When the valid taxpayer is a victim of income related IDT, exclude any income reported that was earned by someone other than the taxpayer when calculating the gross income amount.

      Reminder:

      Complete Form 9409 for any wages reported that were not earned by the valid taxpayer. See IRM 25.23.13.3.1, Form 9409 Procedures - IRS/SSA Wage Worksheet, for additional information.

      Example:

      CC IRPTR has wage income from ABC Company in the amount of $41,250.00, MNO Enterprises in the amount of $26,800.00, and XYZ Manufacturing in the amount of $5,125.00. You determine the valid taxpayer was only employed by MNO Enterprises. The gross income used to determine if the taxpayer has a filing requirement is $26,800.00. Form 9409 must be completed for the income reported by ABC Company and XYZ Manufacturing.

  3. Use the data from IDRS CC IRPTR to calculate the taxpayer’s net tax liability. Unless filing information is provided by the taxpayer, tax liability is only determined for the identity theft victim. If both the primary and secondary are victims, tax liability is determined separately for each taxpayer. The IAT Compliance Suite tool is available to assist in determining tax liability. The use of the tool is not mandatory. See the Determination of a Filing Requirement job aid on the IDTVA Hub for assistance with the IAT Compliance Suite tool for performing the calculation.

    Note:

    When calculating tax liability, allow the taxpayer a filing status of single. Allow a self-exemption for tax years 2017 and prior.

    Exception:

    Taxpayers who were over 65 at the time the return was due, are allowed the higher standard deduction amount.

  4. If it is determined that the taxpayer is due a refund, issue a closing letter instructing the taxpayer to file a return. Advise the taxpayer of the statute of limitations for receiving a refund. See IRM 25.6.1.8, Original Delinquent Returns, for additional guidance on refunds. If the Masterfile status is 02 or 03, input a TC 590 CC 078.

    Exception:

    Do not request the return if the RSED has expired and input a TC 590 CC 076 instead.

  5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Do not suspend the case pending receipt of the return.

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ If the Master file status is 02 or 03, input a TC 590 CC 077.

  7. If the valid taxpayer is the secondary taxpayer on a return for the year being reviewed, their filing requirement has been met. If the MFJ return is located and has not completed processing, input TC 594 CC 084 and XREF the primary taxpayer’s TIN when it is not present or has been reversed with a TC 592.

  8. Do not request a return if the return is six years or more overdue.

    Example:

    You are working a case on November 5, 2020. The taxpayer did not file a TY 2010 return. The TY 2010 return was due April 15, 2011. The return is more than 6 years overdue. You would not request a return from the taxpayer for this year.

  9. In situations where a fraudulent return has posted to the account as the TC 150 and the SSN owner has not filed (but review of the IRPTR shows income for the SSN owner), complete Form 2209, Courtesy Investigation, per IRM 5.1.8.2, Originating Office Procedure, to alert compliance that the SSN owner has not filed a tax return. Follow normal case processing to ensure the account is flagged with the appropriate ID theft indicators. Refer to job aid on the IDTVA Hub for completing the Form 2209.

    Exception:

    Do not send the Form 2209, under any of the following conditions:

    • It is determined the TP does not have a filing requirement. See paragraphs 1 - 4 above.

    • The taxpayer’s current address is a service center address.

    • The missing return is for the current filing tax year.

  10. If the Revenue Officer rejects the Form 2209 referral, forward a copy of the rejection to: ITVA HQ. No other action is needed.

25.23.4.18 (10-01-2023)

Communicating with Taxpayers

  1. Communications with taxpayers may be associated with research of a case, the closing/resolution of a case or an interim contact to let taxpayers know that IRS needs more time and/or additional information to complete the processing of the request.

  2. Communications may be written or verbal (by telephone). Refer to IRM 21.3.3, Incoming and Outgoing Correspondence/Letters, and IRM 21.1.1.4, Communication Skills, for supporting guidance.

    Note:

    International taxpayers are those with an address that is not in the 50 states, District of Columbia, or an APO/DPO/FPO address. APO, DPO, and FPO addresses are considered domestic addresses.

  3. In support of the commissioner’s Multilingual Strategy and Executive Order 13166, Improving Access to Services for persons with Limited English Proficiency (LEP), review the taxpayer’s account for a Mail Filing Requirement (MFR) code and Limited English Proficient (LEP) Indicator before issuing IMF Correspondence.

    Exception:

    This does not apply to systemic generated or automated letters.

  4. The MFR code is found in position 34 on CC INOLES and displays a 2-digit format (nn). The LEP indicator is found in position 72 on CC ENMOD and display a 3-character format (nnn).

  5. The following table provides instruction on determining what language to use when sending letter:

    IF AND Then
    (1) The LEP indicator is blank or LEP indicator is "000" The MFR code is not "07" Send correspondence in English.
    (2) The LEP indicator is blank The MFR code is "07" Send correspondence in Spanish if one is available. Otherwise, send the letter in English.
    (3) The LEP indicator is 001   Send the correspondence in Spanish if one is available. Otherwise, send the letter in English.
    (4) The LEP indicator is not blank and is something other than "000" or "001" . See Form 1040 Schedule LEP, Request for Alternative Language Products by Taxpayers With Limited English Proficiency (LEP), for indicators.   Follow directions to get a translation of the letter from Linguistic Policy, Tools, and Services (LPTS). See IRM 25.23.4.19, Requesting Translation of Certain Languages.

    Note:

    If Spanish language correspondence is received or the taxpayer marks the "Spanish" box in Section C of the Form 14039, a reply must be issued using the Spanish version of the appropriate C letter, if one is available, even if the LEP indicator and/or MFR Code do not indicate Spanish as the taxpayer’s language. See IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), if translation services are needed. If providing a response in Spanish that includes an open paragraph, translation of the open paragraph must be included as a CII note. When translation of a required special paragraph exceeds the number of characters allowed, a floating paragraph (*) may be used immediately following the open paragraph to separate the special paragraph into two parts to ensure the taxpayer received all relevant information.

    Exception:

    Do not issue the Spanish version of the C letter, if the taxpayer specifically requests to receive the letter in English, or if both the English and Spanish boxes are checked and the comments are written in English. If Spanish is indicated as a language spoken by the taxpayer on a Police Report, issue correspondence in English, unless the report clearly indicates the taxpayer does not speak English or would like to receive all communications in Spanish.

  6. The following subsections contain program specific guidance for communicating with taxpayers.

25.23.4.18.1 (10-01-2023)

General IDTVA Letter Procedures

  1. All IDTVA will use the following letters when addressing IDT issues. This list is not all inclusive:

    • Letter 5073C, Acknowledgement Letter for Identity Theft Claim (Form 14039 Police Report), to acknowledge receipt of the IDT claim when CP 01S/701S is not systemically generated.

    • Letter 5064C, ID Theft-In Process Letter, as interim letter or to request additional information from the taxpayer.

    • Letter 4674C, IDTVA Closing Letter, as a closing letter when a CP 01, Identity Theft Acknowledgement, will not be systemically issued, when the CP 01 by itself may not be sufficient to explain actions taken on the account, or the CP 01 does not respond to all issues raised by the taxpayer.

    • Letter 4675C, Identity Theft - Temporary Number Assignment Letter (For use when an IRSN is assigned), to inform the invalid taxpayer they have been assigned an IRSN.

    • Letter 4402C, ID Theft (Self Identified) - AM AC 504 Notification Letter, as a closing letter when issuing a manual letter for a non-tax-related IDT determination.

    • Letter 474C, Math Error Explained (IMF), as a closing letter when setting a math error.

    • Letter 105C, Claim Disallowed, as a closing letter when fully disallowing a claim.

    • Letter 106C, Claim Partially Disallowed, as a closing letter when partially disallowing a claim.

    Note:

    The CII capture function must be used when sending a letter as part of IDT case resolution. Refer to IRM 21.5.1.5.1, CII General Guidelines, for additional information.

  2. The IAT Letters tool in the IAT Task Manager must be used to input the Letter 5073C, Letter 5064CLetter 4674C, Letter 474C, Letter 105C, or Letter 106C. The tool provides a simple format for selecting the required paragraphs, manually editing the address to the valid SSN owner’s information and adding a history item or updating the control base on IDRS. See Exhibit 21.2.2-2, ACCOUNTS MANAGEMENT MANDATED IAT TOOLS, for more information.

    Note:

    The Tax-Related IDT Letters Job Aid is a resource available to assist IDTVA employees with ensuring a quality response to taxpayer correspondence.

  3. A determination of whether the case will remain in the function should be made prior to issuing any letters.

  4. Unless an exception applies, all identity theft cases are required to have a Letter 5073C, Acknowledgement Letter for Identity Theft Claim (Form 14039 Police Report), issued within 30 days of IRS receipt.

    Note:

    IDTVA Specialty Function employees are required to issue an acknowledgement letter within 30 days of receipt of a case referred by a Compliance function into the team. This does not include cases reassigned from IDTVA-AM inventories. Use the address on the Form 14039, unless a more recent valid address has been provided. Clerks issuing the acknowledgement letter will not update the taxpayer’s entity prior to sending the letter but will override the address that populates in the IAT letters tool instead. Since the acknowledgement letter cannot be captured on CII, a copy of the letter must be included with the correspondence being sent to ICT for imaging.

    Exception:

    Do not issue Letter 5073C as an acknowledgement letter if any of the following conditions exist:
    • It is determined that the case needs to be returned to the referring function
    • It is determined that the case needs to be routed/reassigned to another function and input of a Letter 86C is required; see IRM 25.23.4.3.3, Cases Requiring Routing/Reassignment to Other Functions
    • A Letter 5316C, CP 01S, or CP 701S was previously issued to acknowledge the claim

    Caution:

    When the systemic acknowledgement letter was issued to an address that does not belong to the valid taxpayer, an acknowledgement letter must be issued to the valid taxpayer unless another exception applies.
    • A Letter 2645C was previously issued when the case originated as an RPM claim (IDRS Category Codes RPMC and IDII)
    • Another IDTVA function has already issued an acknowledgement letter within the last 420 days
    • The case can be closed within 30 days of receipt (the closing letter will also be considered the acknowledgement letter; a separate acknowledgement letter is not required); the closing letter will include the ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ toll-free number in lieu of the identity theft toll free number, the name and six-digit extension of the employee assigned to the case and their tour of duty as the hours of operation or, for international taxpayers, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ (not toll-free) with the name and six-digit extension of the employee assigned to the case and their tour of duty as the hours of operation
    • The correspondence has a Form 14157, Return Preparer Complaint, or Form 14157-A, Tax Return Preparer Fraud or Misconduct Affidavit, attached (IDTVA Specialty Functions see paragraph (6) of IRM 25.23.10.2, Case Batching, for additional information)

  5. When a 5073C acknowledgment or other letter was issued for a tax year in error, a closing letter is required. Issue a Letter 544C, Apology for IRS Error, for the specific tax year only.

  6. If the case needs to be referred to another function, the referring function should issue the Letter 5073C or Letter 86C, whichever is appropriate, as the acknowledgement letter prior to referral. The acknowledgement letter must include the toll-free number 800-908-4490 or, for international taxpayers, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ (not toll-free).

    Example:

    IDTVA ACS-Support receives a referral from ACS-Support. Through research IDTVA-ACS determines that the account has two impacted tax years. TY 2012 is an impacted tax year for ACS and the TY 2013 has an Exam assessment. Per Exhibit 25.23.4-5, IDTVA Routing Matrix, the case will be worked by IDTVA-Exam. IDTVA ACS-Support will send the acknowledgement letter to the taxpayer before preparing the case to be imaged by ICT. IDTVA-ACS-Support will input on the ICT Batch Cover Sheet as an IDI1, so that the cases will get assigned to IDTVA-Exam.

  7. When issuing a Letter 5064C or Letter 4674C, use the signature date or the date written on the correspondence from the taxpayer for the correspondence date. If a date cannot be determined, use the dates listed below in the following order:

    • Fax received date

    • Postmark date

    • Three days prior to the IRS received date of the case

  8. If a case cannot be completed within the number of days specified in the acknowledgement letter, then an interim Letter 5064C, IDTVA In-Process Letter, must be sent. Interim letters will need to be issued no earlier than 415 days after the IRS received date and should inform the taxpayer when a final response can be expected and provide a contact name and number for additional inquiries. See IRM 21.3.3.4.2.2, Interim Responses, for additional information.

    Reminder:

    Issuing the interim letter prior to 415 days after the IRS received date will add the additional time from that date which could fall within the original timeframe provided in the acknowledgement letter. The time frame given in this interim letter may not exceed 60 days.

    Example:

    Today’s date is November 16, 2022. Your case is currently 341 days old. Issuing an interim Letter 5064C requesting an additional 60 days to process the case will result in a response being required by January 15, 2023 (when the case is 401 days old).

  9. When issuing a Letter 5064C, IDTVA In-Process Letter, as an interim letter or to request additional information/documents, the letter must include the following:

    • The number for the IDTVA Theft toll-free line ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ or, for international taxpayers, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ (not toll-free)

    • The name and six-digit extension of the employee assigned to the case

    • Hours of operation - the employee that is issuing the letter will input their TOD as the hours of operation

      Exception:

      Employees who do not have a six-digit extension will use the extension of their work leader when issuing the letter.

  10. A closing letter must be sent to the taxpayer when all account actions have been completed on a case. Policy Statement P-21-3 guidelines require timely and quality responses to taxpayer correspondence.

    Exception:

    Do not issue a closing letter when the entity reflects a Service Center address.

    Caution:

    When a No IDT determination is made on a Compliance case, do not provide guidance to the taxpayer to resolve the Compliance issue (i.e., what documentation is needed by the Compliance function, etc.). If appropriate, provide the toll free number for the taxpayer to contact the specific function directly.

    Caution:

    When closing a case as previous action, review CII case notes and/or IDRS to determine if an interim letter was issued to the taxpayer before the case was moved to IDT inventory. If an interim letter was issued after the previous IDT case was closed and procedures in IRM 25.23.4.10.13, Identity Theft (IDT) - Previous Action, do not instruct you to issue a closing letter when resolving your case scenario, a closing Letter 4674C is required to explain the identity theft issue was previously resolved.

  11. A quality response is an accurate and professional communication which, based on information provided:

    • Resolves the taxpayer issues,

    • Requests additional time and/or information from the taxpayer, or

    • Notifies the taxpayer we have requested information from outside the IRS.


    To ensure the taxpayer receives a quality response, the employee may issue a manual closing letter when a systemic notice will generate. IDTVA employees are encouraged to provide the taxpayer with the best customer service possible by addressing relevant supplemental information the taxpayer may benefit from, including self-help options available on IRS.gov, to allow the taxpayer to make informed decisions.

    Example:

    An IDTVA employee may determine the taxpayer would benefit from being provided information about obtaining an IP PIN on IRS.gov.

    Example:

    An IDTVA employee may provide the taxpayer with information about locating the appropriate address for submitting a tax return when the taxpayer has a filing requirement and is unable to file electronically due to the presence of an invalid return.

  12. When providing the taxpayer with supplemental information regarding IP PINs, refer to the following information and special paragraphs that may need to be included in addition to the paragraphs selected for your closing Letter 4674C:

    Exception:

    Accounts that reflect TC 971 AC 524 on CC ENMOD/IMFOLE do not require this information to be provided. See IRM 25.23.2.8.4, Locking Decedent Accounts - TC 971 AC 524, for more information about this indicator.



    General Information:
    Existing selectable paragraphs in Letter 4674C or the special paragraph below may be used.
    a: "If you want to obtain an IP PIN for immediate protection, visit our website at www.irs.gov/getanippin. A new IP PIN generates each year in mid-January. You can retrieve it by logging into your account at www.irs.gov/ippin. If you choose to create an account to obtain an IP PIN, you will not receive a notice in December or January as stated above."

    Claims processed after cycle 46:
    a: "Because we processed your claim late in the year, we are unable to mail an IP PIN in December or January for this upcoming filing season. File your return as normal for this tax season. We will mail you an IP PIN next December or January. If your address changes before December, you will need to complete Form 8822, Change of Address. Visit www.IRS.gov."
    And
    #: "If you want an IP PIN to use for the upcoming tax year, visit our website at www.irs.gov/getanippin. A new IP PIN generates each year in mid-January. You can retrieve it by logging into your account at www.irs.gov/ippin. If you choose to create an account to obtain an IP PIN, you will not receive a notice in December or January as stated above."

  13. Accounts marked with an IDT indicator TC 971 AC 501 will generate a CP 01, Identity Theft Acknowledgement. Refer to IRM 25.23.2.6.1.1, Systemic Actions Taken TC 971 AC 501 Placed on Account, for additional information regarding a TC 971 AC 501 and the CP 01. Accounts marked with an IDT indicator TC 971 AC 504 will generate a CP 01C , Account Flagged for Identity Theft. Refer to IRM 25.23.2.8.1 , IMF TC 971 AC 504, for additional information.

    Exception:

    CP 01/CP 01C generates only once in a three-year period. If another year was marked with a TC 971 AC 501 within the last 3 years, a Letter 4674C is required to inform the taxpayer their account was corrected.

    Note:

    Current programming for the CP 01/CP 01C will generate a copy of the notice to a POA that is on file. If sufficient documentation has been received to validate a POA, but is not yet on file, then issue the POA a closing letter. This ensures the taxpayer’s right to retain representation and the POA’s right to be informed.

    Note:

    If the TC 971 AC 501 is not input prior to cycle 47 of the processing year, an IP PIN/CP01A will not generate for the upcoming filing season. Between cycle 47 and January 1 of the following year, IP PIN information must be provided in a closing letter. Barring any unforeseen circumstances, this additional information will not be required in closing letters issued between January 1 and cycle 47. SERP Alerts should be monitored for information related to IP PINs that may impact this timeframe. Use the special paragraphs in paragraph (12) above in addition to the paragraphs selected for your closing Letter 4674C.

    Caution:

    For potential fraudulent and/or compromised POAs, refer to IRM 21.3.7.5.5.3, How to Report a Compromised or Potentially Compromised CAF Number.

  14. When the individual listed on the identity theft inquiry is deceased, refer to IRM 21.3.3.4.17.5, Corresponding on a Deceased or Legally Disabled Taxpayer’s Account, to determine the appropriate format for the taxpayer’s name and address when sending a letter.

  15. When the reporting person is not an authorized third party, a Letter 4674C must be sent to the taxpayer. Include paragraph L to inform them of the third-party contact.

  16. When the account does not reflect a current Form 2848, Power of Attorney and Declaration of Representative, or Form 8821, Tax Information Authorization, listing the reporting party as a representative or third-party contact for the individual listed as the impacted taxpayer, and you can locate a valid address for the reporting person, issue a closing Letter 0135C to the reporting party. Issue the letter from the reporting person’s account. Include paragraphs E, *, and P.

    • For paragraph *, include the following special paragraph: "We will reply directly to the taxpayer listed in your inquiry when we have completed our investigation into the identity theft claim. We won’t send you any further correspondence regarding this matter, because our records show you are not authorized to receive confidential tax information for the taxpayer listed in your inquiry."

    • For paragraph P, include the following special paragraph: "We must have a valid Form 2848, Power of Attorney and Declaration of Representative, or a valid Form 8821, Tax Information Authorization, on file to provide you with confidential tax information for this taxpayer. For more information about these forms, visit our website at www.irs.gov/forms-instructions."

  17. When issuing a letter, ensure the correct paragraphs are used to inform the taxpayer of the status of their account based upon the facts and circumstances of the case. Also see additional items below:

    • If appropriate, include multiple tax years by manually inputting the tax year in the empty boxes. Up to ten (10) tax years can be input in a Letter 4674C and eight (8) tax years can be input in a Letter 5064C.

    • If there is a valid Power of Attorney (POA) or third-party representative on file, verify the Centralized Authorization File (CAF) copy selection is input.

  18. Multiple tax years can be combined in one letter unless unique issues or account resolution are present requiring individual tax year letters.

  19. Review letters for misspelled words, errors in capitalization and punctuation, IRS jargon, and other fill-in errors.

  20. Actions taken on the account will determine if a Letter 4674C needs to be issued as a closing letter. A letter 4674C must be sent if any of the following conditions exist. Include the indicated telephone number provided for the applicable condition.

    Note:

    The IDT Toll-free number, 800-908-4490, does not include an employee’s extension and is answered by the AM Toll-Free assistors. The hours of operation are 7:00 a.m. - 7:00 p.m.
    The IDTVA Toll-free number, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡, does include the employee’s extension and is answered by employees. The employee issuing the letter will input their TOD as the hours of operation.
    The IDTVA International number, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ (not toll-free), does include the employee’s extension and is answered by employees. The employee issuing the letter will input their TOD as the hours of operation.

    Exception:

    A closing letter may be a letter other than Letter 4674C when procedural guidance specifies the letter must be sent to the taxpayer (i.e., Letter 105C). The closing letter must include the appropriate phone number based on the criteria below. It is not necessary to issue a Letter 4674C in addition to the closing letter required by the procedural guidance, unless additional information needs to be provided that cannot be included. When appropriate, an open paragraph may be used to address the identity theft claim when sending a letter other than Letter 4674C. The following paragraph or similar verbiage may be used:

    "We reviewed and accepted the identity theft claim dated (month day, year). We have verified you are a victim of identity theft for tax year(s) (YYYY, YYYY, and YYYY)." Input the claim date in place of (month day, year) and enter only the applicable tax year(s) in the format YYYY.


    See chart below:
    Criteria Number to be used
    (1) If the CP 01/CP 01C will not be issued,

    Reminder:

    The CP 01/CP 01C will not be issued if one has been issued in last three years.

    		 IDT Toll-free number 800-908-4490
    (2) If a Letter 5064C, Letter 5073C, CP 01S, or CP 701S was not issued previously providing the taxpayer with an IDT Toll-free number IDTVA Toll-free number ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ with employee’s name, six-digit extension and TOD
    (3) If the taxpayer’s correspondence contains questions that will not be addressed by the CP 01/CP 01C Answer taxpayer’s question and include IDT toll-free number 800-908-4490
    (4) The resolution was not what the taxpayer anticipated (i.e., NOIDT determination, disagreed with information TP provided) IDTVA Toll-free number ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ with employee’s name, six-digit extension and TOD
    (5) There is an additional requirement in the corresponding functional IRM Telephone number based on the functional guidance
    (6) International taxpayers When issuing Letter 4674C, include paragraph (;).
    (7) You are closing the case as previous action and an interim letter was issued IDT Toll-free number 800-908-4490

    Note:

    If two criteria fit a case, use the IDTVA toll-free number with the employee’s name, six-digit extension, and TOD. For international taxpayers, also include ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ with the employee’s name, six-digit extension, and TOD.

  21. If there is still a compliance issue after the IDT issue is resolved, (i.e., account will result in a balance due), provide the applicable Compliance toll-free number. See paragraph (13) of IRM 25.23.4.18.5, Responding to Taxpayer Calls on Identity Theft (IDT) Cases (IDTVA Paper Employees Only) for a list of numbers.

    Caution:

    Do not provide a specific dollar amount unless the taxpayer or their authorized representative makes a request for one.

    Example:

    The taxpayer’s current year refund was applied to a balance owed for a prior year. The taxpayer submits Form 14039 stating they are a victim of identity theft, because they didn’t file a return for the year the refund was applied to and should not have a balance due. Through research, you determine the taxpayer is not a victim of identity theft. The balance owed is the result of an ASFR assessment made for income earned by the taxpayer. The identity theft case is closed, but the compliance issue remains. The closing letter must include the phone number the taxpayer may call for more information about the ASFR assessment.

  22. On cases filed as married filing jointly, the Letter 4674C should be addressed to both taxpayers under the primary SSN, regardless of which taxpayer (primary or secondary) is the IDT victim or if corresponding when closing a case as No IDT or No Reply. If the valid return was filed MFJ and only the secondary TP is the IDT victim, a disclosure issue does not exist in this instance.

    Exception:

    If the MFJ status is related to an invalid return meeting MFJ scheme criteria, each taxpayer must receive a separate closing letter. These taxpayers are unrelated and must both be advised of the determination and actions taken to resolve their account.

    Exception:

    If an invalid joint election (IJE) determination has been made, the closing letter will be issued to the reporting taxpayer only.

    Note:

    If you are providing additional account information that was filed on a separate return for the victim, then the Letter 4674C should be addressed to the victim only. This includes instances of non-tax-related IDT affecting only one of the taxpayers on a MFJ entity.

  23. Closing an account with a TC 971 AC 506 in most instances, will not generate a systemic closing letter. Use Letter 4674C, IDTVA Closing Letter, to inform the taxpayer of the outcome of their IDT return.

    Note:

    If a closing letter was issued by RIVO/TPP already (e.g., Letter 4310C), do not issue a duplicate closing letter unless it has been more than 30 days and/or the RIVO/TPP Letter 4310C did not provide a response to all of the actions taken on the account.

    Caution:

    If the TC 971 AC 506 is not input prior to cycle 47 of the processing year, an IP PIN/CP01A will not generate for the upcoming filing season. Between cycle 47 and January 1 of the following year, IP PIN information must be provided in a closing letter. Barring any unforeseen circumstances, this additional information will not be required in closing letters issued between January 1 and cycle 47. SERP Alerts should be monitored for information related to IP PINs that may impact this timeframe. Use the appropriate special paragraphs in paragraph (12) above in addition to the paragraphs selected for your closing Letter 4674C.

  24. Be sure any necessary letters are being sent to the correct address. The Correspondex letter system will default to the address of record (CC ENMOD) which may or may not be the correct address. Override the address of record, when appropriate.

  25. If the returns or return and inquiry on an account/case contain the same address and a telephone number was provided, attempt to obtain more information first by telephone contact. If a telephone number is not available, then send only one letter to the address. See IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written).

25.23.4.18.2 (12-20-2022)

Requests for Additional Information (Telephone and/or Written)

  1. When information provided by the taxpayer(s) is insufficient and a determination cannot be made through internal research, employees are required to contact the taxpayer(s) by telephone and/or by mail to obtain the necessary information.

  2. When telephone information is available, attempt to contact the taxpayer(s) by telephone no less than two times to obtain additional information. When making an outgoing call, document each attempt in a CII case note. Include the phone number called, who you spoke with, and/or if a message was left for the taxpayer.

    Note:

    There must be a reasonable amount of time between the two attempts. For example, another call on a subsequent day constitutes a valid second attempt. If you are able to leave phone message, allow the taxpayer 5 business days to return your call. When leaving a message for a dependent related IDT case, advise the taxpayer the last four digits of the dependent’s TIN should be provided in your voice mail if they are unable to reach you when the return your call. The second attempt should not be made immediately after a first unsuccessful attempt.

    Note:

    If telephone information is unavailable, proceed to (8) below.

  3. Refer to paragraphs (22) - (24) of IRM 21.1.1.4, Communication Skills, for guidance specific to outgoing calls.

  4. In a CII note, record that telephone contact was initiated, the number called and the action taken, etc. If applicable, record the name and individual to whom you speak and the answers you receive.

  5. If contact is made with the taxpayer, advise the taxpayer you will begin by asking some questions to verify their identity.

  6. Because telephone contact for these cases involves undetermined ownership of the CN, guidance in IRM 21.1.3.2.3, Required Taxpayer Authentication, must be followed to ensure you are speaking to the appropriate taxpayer and to prevent unauthorized disclosure of tax information. Do not ask questions that might inadvertently disclose information merely by asking the question. Do not provide any information to the taxpayer unless specifically authorized to do so.

    Note:

    Follow guidance in IRM 21.1.3.3, Third Party (POA/TIA/F706) Authentication, and the related subsections when communicating with third parties.

    Note:

    Guidance in IRM 21.1.3.4, Other Third-Party Inquiries, authorizes you to accept information from any third-party even if the provider of the information does not have a written or oral authorization from the taxpayer.

  7. If you are able to authenticate the individual to whom you are speaking, proceed to paragraph (4) of IRM 25.23.4.18.2.1, Telephone Contact Guidelines (Associated with the Letter 5064C Common Number Questionnaire), for additional guidance.

    Note:

    If there are required forms or schedules the taxpayer must submit, provide them with a fax/EE-fax number so they can submit the needed documentation. Allow the taxpayer five (5) business days to submit the document(s). If the document(s) are not received within five (5) days, continue to paragraph (8) for guidance to send a letter.

    Note:

    IDTVA Specialty Functions - When applicable, be sure to explain to the taxpayer that if the requested information is not received within the allotted time, compliance issues or collection actions will resume, as appropriate.

  8. If no contact information is available or if the telephone attempts are unsuccessful, correspond with the taxpayer via Letter 5064 to request the needed information.

    • Use IAT to input Letter 5064C

    • Ensure the correct address is used when issuing any correspondence

    • Reference any missing information, if applicable

    • Provide information to allow the taxpayer to reply either by mail, fax/EEFax, or telephone

    • Inform the taxpayers they have 30 days (60 days for International) from the date of the letter to respond

    • Capture an image of the letter on CII

    • Suspend the case for 40 days (70 days for International cases). Refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures, for additional letter requirements.

    • See Exhibit 25.23.4-11, IDRS Activity Codes and Definitions, for documenting the follow-up date.

      Caution:

      Do not advise the taxpayer to contact SSA for a "Social Security Administration Social Security Number Verification" printout.

  9. If after 40 days (70 days for international cases) a response has been received from the taxpayer, refer to the table below:

    If Then
    (1) The taxpayer provides the requested information, Work the case following normal procedures.
    (2) The information provided is not the information requested, Determine if the individual who submitted the claim is the taxpayer or an authorized representative:

    • If the claim was submitted by the taxpayer or an authorized representative, make any account corrections you can with the information you have. Follow procedures in IRM 25.23.4.10.16, No Reply. Use an open paragraph to explain the information submitted was reviewed. Describe the closing actions taken. Advise the taxpayer of their right to submit additional information if they disagree with the determination and/or actions taken. When corresponding with the taxpayer, do not include a statement indicating they did not respond to our request for additional information.

    • If the claim was submitted by an individual who is not the taxpayer or an authorized representative, make any account corrections you can with the information you have. Correspond with the individual who submitted the claim following unauthorized third party procedures. Refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures.
    (3) The information provided includes a Form 2848, Power of Attorney and Declaration of Representative or Form 8821, Tax Information Authorization, Perform research to determine if the Form 2848 or Form 8821 has not been processed. Refer to IRM 21.3.7.5.1, Essential Elements for Form 2848 and form 8821. Accept the completed and unprocessed form. Forward the form to the appropriate CAF unit for processing. See SERP Who/Where CAF Unit Addresses, Fax Numbers, and State Mapping for routing information.

    Then follow procedures in Table Scenario 1.

    Example:

    Amanda Green submits Form 14039 on behalf of Robert Green. Form 14039 states she is Robert’s aunt and was not able to file her return electronically because someone else used his Social Security Number. You send a Letter 5064C requesting proof of legal guardianship. Amanda’s response includes a written statement from Robert’s mother indicating he has been placed in the care of Amanda Green. Because a parent’s statement is unacceptable proof of legal guardianship, the case would be resolved by following Table Scenario 2, bullet 2.

    Example:

    Steven Stone submits Form 14039 on behalf of Erica Stone. Form 14039 states he did not receive his Economic Impact Payment because someone else claimed his granddaughter. Research of the account shows Erica has been claimed as a dependent by another taxpayer for the last five years. The relationship indicated on the return lists Erica Stone as a niece of this taxpayer. You send a Letter 5064C requesting proof of legal guardianship. Steven’s response includes a court order placing Erica Stone in his custody since 2012. This case would be resolved following Table Scenario 1.

    Example:

    Lisa Rose files a Form 14039 reporting someone else working under her Social Security Number. She explains she is working part time and her Social Security benefits were reduced because of the income earned by the other person. Research of CC IRPTR shows ten separate employers in the same city reporting income under Lisa’s SSN. Lisa did not specify who her employers are or what income she is disputing. You send Letter 5064C requesting additional information about the income she did not earn. Lisa’s response does not provide enough information to determine what income she earned and did not earn. This case would be resolved following Table Scenario 2, bullet 1.

  10. If after 40 days (70 days for international cases) a response has not been received from the taxpayer, make any account corrections you can with the information you have. Refer to IRM 25.23.4.10.16, No Reply, for additional information.

    Note:

    If the claim was submitted by an individual who is not the taxpayer or an authorized representative, make any account corrections you can with the information you have. Refer to IRM 25.23.4.10.16, No Reply, for additional information. Correspond with the individual who submitted the claim following unauthorized third party procedures. Refer to IRM 25.23.4.18.1, General IDTVA Letter Procedures.

  11. When corresponding with the taxpayer to make a common number ownership determination, select paragraphs S through W to include the questionnaire.

  12. The questionnaire process moves in progressive stages that afford the taxpayer ample opportunity to provide the requested information. If at any stage the necessary information for a CN ownership determination is received AND any applicable suspense periods for that stage have expired, it is not necessary to proceed to the next stage.

25.23.4.18.2.1 (10-01-2019)
Telephone Contact Guidelines (Associated with the Letter 5064C Common Number Questionnaire)

  1. Allow 21 days from the input date of the Letter 5064C before IRS-initiated telephone contact is attempted (to allow the taxpayer to receive the letter).

  2. The following defines a valid attempt to contact the taxpayer by telephone:

    • If a telephone number is available, then a call during the hours provided (if listed), followed by, if necessary, another call on a subsequent day constitutes a valid attempt. If you can leave a phone message allow the taxpayer 5 business days to return your call.

      Caution:

      If you leave a message for the taxpayer, do not provide any account information. Be especially careful when leaving a message on a number not obtained by a Letter 5064C response.

  3. Follow guidance in IRM 25.23.4.18.2, Requests for Additional Information (Telephone and/or Written), (Prior to Initiating Correspondence) to initiate the call.

    Reminder:

    Do not ask any questions that might inadvertently disclose information merely by asking the question. Do not provide any information to the taxpayer unless specifically authorized to do so.

  4. After authenticating the individual to whom you are speaking, ask the taxpayer if they recently received a letter from the IRS. If the taxpayer indicates they have not received a letter from the IRS, provide an explanation of the letter they will be receiving. Ask them if they would like to continue with the call or prefer to call back after they have received the letter. If the taxpayer would like to continue with the call, complete High-Risk disclosure to verify the identity of the person you are speaking with.

  5. Preface the asking of the questions below with the following statements to the taxpayer:

    Note:

    Modify your statements and questions appropriately to the taxpayer if you are working a True Scrambled SSN case. If you are working a True Scrambled SSN case, tell the taxpayer that it appears the Social Security Administration has assigned the SSN to more than one individual. Strongly recommend that the taxpayer contact SSA as soon as possible. Any information the taxpayer provides by answering these questions will assist SSA.


    Our records indicate that the Social Security Number you used on your tax return for the tax year(s) of 'YYYY' (state the tax year(s) in question) was also used by another individual on his or her federal tax return. Disclosure laws prevent us from providing any information regarding the other individual. We would like to ask you a few questions in order to determine which individual should be using the Social Security Number for the filing of federal tax returns.
    "The IRS does not issue Social Security Numbers, and the IRS does not determine who the true owner of the Social Security Number is for the purposes of Social Security benefits. The Social Security Administration is a separate government agency and is the final authority on determining the ownership of the Social Security Number. We recommend strongly that you contact your local Social Security Administration office to ensure that your Social Security records are correct. The questions we would like to ask you today, consequently, pertain only to the filing of your federal income tax return. "
    "The questions are based on information received from the Social Security Administration. The answers you provide will assist us in resolving this issue as quickly as possible. An incorrect answer or a response of "I don't know" will not necessarily result in the Social Security Number not being assigned to you for federal income tax purposes."
    "Are you willing to answer the questions?"

    • If the taxpayer indicates they are not willing to answer the questions, simply thank the taxpayer for their time and inform the taxpayer that our determination will be made based on the information at hand. Inform the taxpayer that they will receive a letter regarding our determination within 6 to 8 weeks.

    • If the taxpayer asks for the questions to be sent to him or her by mail, inform the taxpayer that the questions not already listed on the letter they received must be given and answered during direct telephone conversation. If necessary, you may inform the taxpayer that this method is intended to ensure that the person using the Social Security number in error does not have the opportunity to research and find the correct answers.

    • If the taxpayer is willing to answer the questions, proceed with asking the questions in the questionnaire portion of the Letter 5064C and the questions in IRM 25.23.4.18.2.2, Supplementary Questions (Associated with Letter 5064C Common Number Questionnaire). Have a copy of the Numident print available, related to the SSN, when asking the Supplementary Questions.

      Caution:

      Do not respond in any way that might be construed as a confirmation or a rejection of the validity of the taxpayer's response. The purpose of asking the questions is to obtain information for consideration, not to provide information to the taxpayer. Indications of confirmation or rejection would constitute providing information to the taxpayer.

    • On the TIN-Related Problem Research Sheet record the answers you receive.

    • We can make a determination without the questionnaire and documents in our file, but if an ownership determination is not made, the taxpayer will not receive their refund unless they have met all the conditions of IRM 21.6.2.4.3.3, Determining if the Refund Should be Released.

    • A True Scrambled SSN Case requires the actual documents, completed by the taxpayer, for the file going to SSA. If you believe the number is a True Scrambled, tell the taxpayer to send the documents requested in the Letter 5064C and the questionnaire as soon as possible.

    • After all the questions have been asked and the answers recorded, state the following to the taxpayer:
      "Thank you for the information you have provided. When we have completed our gathering and reviewing of information, we will notify you by mail of our determination. The expected time frame for the process of review and notification is generally 6 to 8 weeks. If possible, we will issue our determination more quickly than the expected time frame."
      "Please keep in mind the information we provided earlier in the conversation: The IRS does not issue Social Security Numbers, and the IRS does not determine who the true owner of the Social Security Number is for the purposes of Social Security benefits. The Social Security Administration is a separate government agency and is the final authority on determining the ownership of the Social Security Number. We recommend strongly that you contact your local Social Security Administration office to ensure that your Social Security records are correct. The questions we have asked today, consequently, pertain only to the filing of your federal income tax return."

    Caution:

    Be reminded that because this case involves an SSN of undetermined ownership, we cannot disclose any further information. Also, be careful not to indicate any pre-determinations you may have arrived at based on the answers you received.

  6. Ensure equal opportunity for each taxpayer to provide information. Refer to the If/And/Then Chart below:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡   ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡