3.21.261 Foreign Investment in Real Property Tax Act (FIRPTA)

Manual Transmittal

November 09, 2018

Purpose

(1) This transmits revised Internal Revenue Manual (IRM) 3.21.261, International Returns and Document Analysis - Foreign Investment in Real Property Tax Act (FIRPTA).

Material Changes

(1) Various editorial corrections have been made throughout this IRM.

(2) IRM 3.21.261.1.1(7) - Added paragraph for Section 1446(f) withholding.

(3) IRM 3.21.261.1.1.1(3) - Changed "5" to "five".

(4) IRM 3.21.261.1.1.1(6) - Added 21% corporate rate instructions.

(5) IRM 3.21.261.1.1.1(11) - Added paragraph for Section 1446(f) withholding.

(6) IRM 3.21.261.1.1.2(3) - Added reference to Section 1446(f) withholding.

(7) IRM 3.21.261.1.2(2) - Added paragraph for Section 1446(f) withholding.

(8) IRM 3.21.261.1.5(1) - Corrected reference to Exhibit 3.21.261-12.

(9) IRM 3.21.261.3.1 - Added several paragraphs and removed chart.

(10) IRM 3.21.261.3.1(3) - Updated to mark OUO.

(11) IRM 3.21.261.5 - Split paragraphs 1 and 2 into three more paragraphs.

(12) IRM 3.21.261.6 - Removed part of paragraph 3 to create paragraphs 4 and 5.

(13) IRM 3.21.261.8 - Added paragraph 4 with a note.

(14) IRM 3.21.261.8(8) - Changed "3" to "three".

(15) IRM 3.21.261.8(9) - Changed "6" to "six".

(16) IRM 3.21.261.8(12) - Changed "3" to "three".

(17) IRM 3.21.261.8.1 - Added reference to Form 4227.

(18) IRM 3.21.261.9(4) - Added note for Section 1446(f) withholding.

(19) IRM 3.21.261.9.1 - Removed note and IRM reference and defined “RD”.

(20) IRM 3.21.261.9.2 - Added Form 4227 title.

(21) IRM 3.21.261.9.3 - Spelled out “two” and “nine”.

(22) IRM 3.21.261.9.4 - Added Form 13133 title.

(23) IRM 3.21.261.9.5 - Added paragraph “a”, corrected paragraph “d”.

(24) IRM 3.21.261.9.6 - Added Form 4227 title.

(25) IRM 3.21.261.9.6(2) - Removed entire note.

(26) IRM 3.21.261.10 - Updated IRM subsection title.

(27) IRM 3.21.261.10.1(4) - Corrected correspondence instructions for CIS returns.

(28) IRM 3.21.261.11.1 - Corrected table to include “/” edit mark and example for when to edit an “X”.

(29) IRM 3.21.261.13(2) - Replace "has an effect on" with “influences”.

(30) IRM 3.21.261.13(3) - Added 21% corporate tax and note for no withholding certificate for Section 1446(f).

(31) IRM 3.21.261.13(4) - Made corrections to clarify editing of withholding rate and bypass indicators.

(32) IRM 3.21.261.13.1(7) - Change "the majority of" to "most".

(33) IRM 3.21.261.13.2 - Added CP 259 and CP 504, and petition in opposition guidelines to table.

(34) IRM 3.21.261.13.2(2) - Changed "take action" to "act".

(35) IRM 3.21.261.14(1) Deleted words "in order".

(36) IRM 3.21.261.15 - Removed bullets in paragraph 1, added caution to paragraph 5.

(37) IRM 3.21.261.15.1 - Added Letter 1382C and Form 4227 titles.

(38) IRM 3.21.261.15.2 - Added paragraphs 5 and 10.

(39) IRM 3.21.261.16(2) - Added instruction for using postmark or shipment date.

(40) IRM 3.21.261.16(5) - Updated Figure 3.21.261-1 with 2018 Form 8288.

(41) IRM 3.21.261.17(6) - Added exception for Section 1446(f) withholding penalties.

(42) IRM 3.21.261.18 - Added distinction on exceptions for Section 1445(a) and 1445(e) withholding.

(43) IRM 3.21.261.18(2) - Replaced "take into account" with "consider".

(44) IRM 3.21.261.18(3) - Added exceptions for Section 1446(f) withholding.

(45) IRM 3.21.261.18(4) - Corrected IRM references.

(46) IRM 3.21.261.18.3(1) - Changed "4th" to "fourth" and "5th" to "fifth".

(47) IRM 3.21.261.18.4(3) - Added two new bullets and removed on bullet for name and address changes.

(48) IRM 3.21.261.18.6(2) - Added instruction for using postmark or shipment date.

(49) IRM 3.21.261.18.6(3) - Changed "3" to "three".

(50) IRM 3.21.261.18.6(4) - Updated the APO/DPO/FPO conversion chart.

(51) IRM 3.21.261.18.7(4) - Added Letter 86C title.

(52) IRM 3.21.261.18.7(6)(c) - Corrected job aid title.

(53) IRM 3.21.261.18.7(6)(d) - Added note referring to Foreign Address Job Aid.

(54) IRM 3.21.261.18.7.1 - Corrected/shortened paragraph 1.

(55) IRM 3.21.261.18.8(4) - Changed "2" to "two" and removed (2).

(56) IRM 3.21.261.19(2) - Changed "1" to "one".

(57) IRM 3.21.261.19.1 - Updated Figure 3.21.261-4 with 2018 Form 8288 format.

(58) IRM 3.21.261.19.2 - Updated Figures 3.21.261-5a and 3.21.261-5b with 2018 Form 8288.

(59) IRM 3.21.261.19.2(2) - Removed verbiage related to programming limitations for 35% corporate rate.

(60) IRM 3.21.261.19.2(3) - Updated note for forthcoming programming for new corporate tax rate.

(61) IRM 3.21.261.19.2(3) - Removed verbiage from note related to programming limitations for 35% corporate rate.

(62) IRM 3.21.261.19.3(4) - Changed "9" to "nine".

(63) IRM 3.21.261.19.3.1(2) - Updated Figure 3.21.261-6 with 2018 Form 8288 format.

(64) IRM 3.21.261.19.7(3) - Updated Figure 3.21.261-7 with 2018 Form 8288.

(65) IRM 3.21.261.19.8(1) - Changed "8" to "eight".

(66) IRM 3.21.261.19.9(1) - Changed "3" to "three".

(67) IRM 3.21.261.19.9(3) - Removed "you have to".

(68) IRM 3.21.261.19.11(1) - Changed "1" to "one".

(69) IRM 3.21.261.19.11(2) - Updated 21% corporate rate.

(70) IRM 3.21.261.19.12(1) - Changed "1" to "one".

(71) IRM 3.21.261.19.12(4) - Updated 21% corporate rate.

(72) IRM 3.21.261.19.12(4) - Updated Figures 3.21.261-8a and 3.21.261-8b with 2018 Form 8288.

(73) IRM 3.21.261.19.12(4) - Updated to remove verbiage on programming limitations for 35% corporate rate.

(74) IRM 3.21.261.19.13(5,7) - Changed "2nd" to "second".

(75) IRM 3.21.261.19.13(6) - Updated 21% corporate rate.

(76) IRM 3.21.261.19.13(6) - Included 15% calculation and removed third row of chart due to programming updates.

(77) IRM 3.21.261.19.14(1) - Changed "1" to "one".

(78) IRM 3.21.261.19.14(2) - Updated 21% corporate rate.

(79) IRM 3.21.261.19.15(1) - Removed note and added IRM reference.

(80) IRM 3.21.261.19.15(2) - Added Form 13596 title.

(81) IRM 3.21.261.19.15(3) - Added note with IRM reference for issuing correspondence.

(82) IRM 3.21.261.19.15(5) - Corrected IRM reference and rewrote paragraph to be in line with consistency IRM.

(83) IRM 3.21.261.19.15(6) - Removed obsolete IRM reference.

(84) IRM 3.21.261.19.16 - This subsection is no longer part of BMF consistency IRM.

(85) IRM 3.21.261.20(3) - Changed "2" to "two".

(86) Exhibit 3.21.261-1 - Updated to new Form 8288 for 2018.

(87) Exhibit 3.21.261-2 - Updated to new Form 8288 for 2018.

(88) Exhibit 3.21.261-6 - Changed from "crazy arguments” to “confusing arguments”.

(89) Exhibit 3.21.261-12 - Various minor corrections made.

Effect on Other Documents

This IRM supersedes IRM 3.21.261 dated November 10, 2017 (effective January 1, 2018) IPU 18U0939 was issued 06-14-2018.

Audience

Wage and Investment Code and Edit employees at Ogden Submission Processing Campus (OSPC)

Effective Date

(01-01-2019)

Linda J. Brown
Director, Submission Processing
Wage and Investment Division

Program Scope and Objectives

  1. Purpose: This Internal Revenue Manual (IRM) provides Code and Edit instructions for processing Form 8288, "U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests" to the Business Master File (BMF), with a Date of Transfer (DOT) of 12/13/2005 or later.

    Note:

    Another related resource is IRM 3.21.25 -- Miscellaneous Tax Returns, which is used for processing Form 8288-A -- Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests to the International Web Application (INTL WebApps) Database (Db) and verifying FIRPTA credits.

  2. Audience: These procedures apply to IRS employees with responsibility for reviewing and editing the Form 8288, "U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests" information returns in Document Perfection Operation including Supervisory Tax Examining Assistant, Lead Tax Examining Technicians, and Tax Examining Technicians primarily the International team at the Ogden Submission Processing Center.

  3. Policy Owner: The Director Submission Processing is responsible for the policies in this IRM.

  4. Program Owner: The Code & Edit/ERS IMF Section of the Paper Processing Branch of Submission Processing.

  5. Primary Stake Holders: Submission Processing (SP) and Large Business and International (LB&I).

  6. Program Goals: Accurately review and prepare all paper returns for Data Transcription and/or correspondence as necessary.

Background

  1. Form 8288 is processed to the BMF under:

    • File Location Code (FLC) 60 Ogden Submission Processing Campus (OSPC) or 98 Philadelphia Submission Processing Campus (PSPC)

    • Tax Class 1

    • Document Code 40

    • Blocking Series 000-999

    • Master File Tax (MFT) Code 17

    • Program Code 1133X

    • Function 210

  2. If the DOT on Form 8288 is 12/12/2005 or prior, transship the return to the Cincinnati Submission Processing Campus (CSPC), Non-Master File (NMF) Accounting Section for processing to the Automated Non-Master File (ANMF) system. These returns will be assigned a "17641 Document Locator Number (DLN)" and processed as a NMF return.

  3. There is no official extension form for Form 8288.

  4. The Return Due Date (RDD) for Form 8288 is 20 days after the Date of Transfer (DOT), or 20 days from the withholding certificate date (if applicable).

  5. All Form 8288 returns with a DOT of 12/13/2005 or later will be processed at the Ogden Submission Processing Campus (OSPC) as a "Non-Remittance" return.

    Caution:

    Form 8288 will still have a "green rocker" placed under the payment amount. The payments will be processed with a separate Document Locator Number (DLN) with Doc Code 17, 19, 70, or 76 and assigned a Trace Identification (ID) and Transaction Sequence Number. These numbers will be posted to Master File. A local agreement has been made to place a green check mark next to the tax amount paid.

  6. See Exhibit 3.21.261-8 for Prior Year Conversion for Form 8288, February 2016 revision.

  7. New section 1446(f) was added by section 13501 of “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018,” P.L. 115-97 (the “Act”), which was enacted on December 22, 2017. Section 13501 of the Act also added new section 864(c)(8). The Treasury Department and the IRS have determined that, until regulations, other guidance, or forms and instructions have been issued under section 1446(f), transferees required to withhold under section 1446(f)(1) must use the rules in section 1445 and the regulations thereunder for purposes of reporting and paying over the tax, except as otherwise provided in this notice. The forms specified in those rules include Form 8288, U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests, and Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests.

Form 8288 Background
  1. The Foreign Investment in Real Property Tax Act (FIRPTA) of 1980 was amended by the Deficit Reduction Act of 1984. This amendment added Section 1445 to Chapter 3, Subchapter A, of the Internal Revenue Code (IRC) of 1954. Section 1445 requires the withholding of tax on dispositions of certain U.S. Real Property Interests (USRPI) by a foreign seller.

  2. IRC § 897 of the Code (enacted under the 1980 FIRPTA legislation) provides rules for the taxation of nonresident alien individuals and foreign corporations on sales or other dispositions of U.S. real property interests (including installment sales, exchanges, foreclosures, and deeds in lieu of foreclosure of U.S. real property interests). In addition, Regulated Investment Companies (RICs) and Real Estate Investment Trusts (REIT) with foreign investors are also subject to the FIRPTA rules under IRC §1445 and IRC § 897.

  3. FIRPTA applies to what it defines as a U.S. real property interest under IRC § 897(c), which includes:

    • Any interest in real property located in the United States or the Virgin Islands (including an interest in land or improvements thereon, a mine, well, or other natural deposit).

    • Certain personal property associated with the use of real property.

    • Any interest, other than solely as a creditor, in any domestic corporation, unless the taxpayer can show that the corporation was not a U.S. real property holding corporation during the previous five years (or during the period in which the transferor (seller) held the interest, if shorter).

  4. Duty to withhold - Under IRC § 1445(a) transferees (buyers) of a USRPI from a transferor (foreign seller) are required to deduct and withhold tax. A transferee can be a Domestic or Foreign person or entity, or multiple individuals. If the transferee fails to withhold, then the transferee will be held liable for:

    • The payment of the tax, and

    • The payment of any applicable penalties and interest.

  5. Agents have a duty to provide notice of false certifications under IRC § 1445(d).But for a breach of that duty, they are not liable for the withholding tax under IRC § 1445(a).

  6. For dispositions prior to February 17, 2016 and certain post-February 16, 2016 dispositions (see first “note” below), the withholding agent must withhold and remit to the IRS 10 percent of the amount indicated in Line 5b, Part 1, or Line 5b, Part 2 of Form 8288 and for dispositions after February 16, 2016, withholding is at 15 percent of the amount indicated in Line 5a, Part 1, or Line 5a, Part 2 of Form 8288, or 21 percent (35 percent for dispositions prior to January 1, 2018) of the amount indicated on Line 5c, Part 2 of Form 8288, U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests.

    Note:

    For post February 16, 2016 dispositions, where a property is acquired by the transferee for use by the transferee as a residence and the amount realized by the foreign transferor is more than $300,000, but does not exceed $1,000,000, the withholding agent generally must withhold and remit to the IRS 10 percent of the amount indicated in Line 5b, Part 1 of Form 8288.

    Note:

    The transferee can pay a lesser amount if they received an approved Withholding Certificate (W/H Cert) from the Internal Revenue Service (IRS). A copy of the W/H Cert must be attached to Form 8288, and an entry must be present on either Line 5c, Part 1 or Line 5d, Part 2. Otherwise, the tax must be 10 percent, 15 percent, or 21 percent (35 percent for dispositions prior to January 1, 2018).

  7. The duty to withhold under an IRC § 1445(e) distribution may lie with either the:

    • Foreign Corporation

    • Domestic Corporation

    • Domestic or Foreign Partnership

    • Trustee of Domestic or Foreign Trust

    • Executor of Domestic or Foreign Estate

  8. The Internal Revenue Service issued Treasury Decision (TD) 9082 on August 5, 2003, revising the Income Tax Regulations under IRC § 897,IRC § 1445, and IRC § 6109to require the use of a Taxpayer Identifying Number on the submission of FIRPTA documents under IRC § 897 and IRC § 1445. TD 9082 became effective August 5, 2003.

  9. Form 8288 is due on or before the 20th day from the Date of Transfer (DOT). There is no official extension form for Form 8288. However, if a withholding certificate is issued to the transferor (seller) reducing the amount of FIRPTA tax owed, then Form 8288 is due on or before the 20th day from the date on the withholding certificate. This date must be documented on Line 3 of Form 8288 as the new Date of Transfer (DOT). If the principal purpose for filing the application for a withholding certificate was to delay paying the IRS the amount withheld, interest and penalties will apply from the original Date of Transfer (DOT).

    Reminder:

    If you correct the Date of Transfer (DOT) on Form 8288, then you must also correct the Date of Transfer (DOT) on Form 8288-A.

  10. If two or more persons are joint transferees, each is obligated to withhold. However, the obligation of each will be met if one of the joint transferees withholds and transmits the required amount to the Internal Revenue Service (IRS). In the event that two or more returns are filed, then each return must report and pay their share of the amount realized and the withholding. If an application for withholding is submitted on or before the date of the transfer, the amount withheld need not be paid over to the IRS, and the accompanying Form 8288 is not due, until the 20th day following the IRS’s final determination with respect to the application.

    If... Then...
    The transferee wrote the total amount realized and withholding on the forms, Edit the amount on each form by equally dividing the amount realized and withholding.
    All the transferees names appear on each Form 8288, Circle the names of all but one transferee, whose name matches the listed Taxpayer Identification Number (TIN).
    More than one TIN is listed, Circle out the remaining TIN that does not match the listed transferee.

    Note:

    Cases like this will generally be resolved by the Cincinnati and Ogden Accounts Management area via correspondence and duplicate filing condition processing.

  11. Beginning January 1, 2018, Form 8288 In general, section 1446(f)(1) provides that if any portion of the gain on any disposition of an interest in a partnership would be treated under section 864(c)(8) as effectively connected with the conduct of a trade or business within the United States, then the transferee (buyer) must deduct and withhold a tax equal to 10 percent of the amount realized on the disposition. Under an exception in section 1446(f)(2), however, withholding is generally not required if the transferor (seller) furnishes an affidavit to the transferee stating, among other things, that the transferor is not a foreign person.

    Note:

    To identify these types of returns, the transferee will include the statement “Section 1446(f)(1) withholding” (or something similar) at the top of both Form 8288 and Form 8288-A.

Form 8288-A Background
  1. Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests, are filed on a transaction by transaction basis, and attached to Form 8288. Two copies (Copy A and B) of Form 8288-A are to be attached to Form 8288 for each transferor (seller). Because each Form 8288 reflects only one specific transaction, only Forms 8288-A related to each transaction should be submitted. If more than one Form 8288-A reflecting a separate transaction is submitted with one Form 8288, correspond for the missing Forms 8288.

    Note:

    In general, a foreign person is a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, or foreign estate, but not a resident alien individual.

  2. Prior to Integrated Submission and Remittance Processing (ISRP), Numbering will forward the Batch work to the FIRPTA unit. The FIRPTA unit will:

    1. Stamp the incoming Batch work (Form 2345, Batch Transmittal) with their "FIRPTA" stamp.

    2. Assign the Batch work to a FIRPTA tax examiner who will populate the Form 8288-A FIRPTA database with each foreign transferor(s) (seller) Copy A information, which will be used at a later date to perform the credit verification using Form 13698,International Credit(s) Verification Slip.

      Note:

      Refer to IRM 3.21.25 -- Miscellaneous Tax Returns for instructions on recording Form 8288-A to the Form 8288-A Information Return Master File (IRMF) FIRPTA Database, even if the Form 8288-A is not attached because a record must be entered prior to releasing the batch work to ISRP.

      Example:

      Form 1120-F (U.S. Income Tax Return of a Foreign Corporation), Form 8804, (Annual Return for Partnership Withholding Tax (Section 1446) or Form 1040-NR Fiduciary with a Form 8288-A needs to be credit verified.

    3. Stamp and mail "Copy B of Form 8288-A" to the foreign transferor (seller) or correspond for a Taxpayer Identifying Number (TIN).

    4. Stamp Form 8288 with the FIRPTA date stamp to show that they have processed Copy A of Form 8288 to the FIRPTA database.

    5. Release the Batch work (Form 8288 and Copy A of Form 8288-A) to the ISRP clerical function for pipeline processing.

  3. In general, a copy of Form 8288-A stamped by the IRS must be attached to the transferor's (seller's) return to establish the amount withheld under IRC § 1445(a) or 1446(f) which is available as a credit. In situations where the tax has been withheld but the purchaser does not pay over the amount withheld to the IRS, the transferor (seller) will not receive a stamped copy of Form 8288-A from the IRS. Nonetheless, the transferor (seller) can establish the amount of tax withheld by the transferee (purchaser/buyer) by attaching to its tax return substantial evidence (e.g., closing documents) of the amount of tax withheld. See IRM 3.21.25.15 Credit Verifying Form 8288-A (FIRPTA) Credits for more information.

Authority

  1. Internal Revenue Code 1445 and IRC § 897 regulations provide the authority for withholding of tax on dispositions of certain U.S. Real Property Interests (USRPI) by a foreign seller and taxation of nonresident alien individuals and foreign corporations on sales or other dispositions of U.S. real property interests.

  2. The Department of the Treasury and the Internal Revenue Service intend to issue regulations under new section 1446(f) of the IRC regarding the disposition of a partnership interest that is not publicly traded. New section 1446(f) was added by section 13501 of “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018,” P.L. 115-97, which was enacted on December 22, 2017. Section 13501 of the Act also added new section 864(c)(8).

  3. Policy statements for Submission Processing are contained in IRM 1.2.12, Service Wide Policies and Authorities, Policy Statements for Submission Processing Activities.

Responsibilities

  1. The Director, SP Office is responsible for monitoring operational performance for the Submission Processing campus.

  2. The Operations Manager is responsible for monitoring operational performance for their operation.

  3. The team manager/lead is responsible for performance monitoring and ensuring employees have the tools to perform their duties.

  4. The team employees are responsible for following the instructions contained in this IRM and maintaining updated IRM procedures.

Program Objectives and Review

  1. Program Goals: Code & Edit is tasked with timely and accurately reviewing and editing all paper returns.

  2. Program Reports: The Monitoring Section under Submission Processing Program Management /Process Assurance monitors the inventory and timely processing of the returns.

  3. Program Effectiveness: The program goals are measured by the following reviews:

    • Embedded Quality Submission Processing (EQSP)

    • Balanced Measures

    • Managerial reviews

  4. Annual Review: The processes included in this manual are reviewed annually to ensure accuracy and promote consistent tax administration.

Terms/Definitions/Acronyms

  1. Acronyms and a glossary of terms can be found in Exhibit 3.21.261-12

Related Resources

  1. The following job aids have been developed to assist tax examiners in their work:

    • BMF Name Control Job Aid, Document 7071-A, Catalog Number 38048K.

    • Coding and Editing BMF Tax Returns, Foreign Addresses, Document 2324-002, Catalog Number 62293V.

♦IRM Deviation Procedures♦

  1. IRM deviations must be submitted in writing following instructions from IRM 1.11.2.2.4, When Procedures Deviate from the IRM, and elevated through appropriate channels for executive approval.

♦BMF Consistency♦

  1. The purpose of this initiative is to achieve consistency in the Business Master File (BMF) Code and Edit processing IRMs.

  2. Topics for the BMF Consistency have been identified and developed as a coordinated effort between Cincinnati, Ogden and Paper Processing Branch BMF Code and Edit/ERS.

  3. BMF Consistency Subsections are identified by a ♦ (diamond) before and after the title.

  4. Text in normal print is the common processes for BMF returns. The text in BOLD print is form specific and applies to this IRM only.

♦Criminal Investigation (CI) Referral♦

  1. Criminal Investigation (CI) investigates potential criminal violations of the Internal Revenue Code (IRC) and related financial crimes. Criminal violations of the IRC include willful attempts to evade or defeat the income tax. Criminal tax violations also include the willful failure to collect or pay over tax and false claims for refunds based on bogus return information.

  2. If CI has stamped the return, no further CI action is required.

  3. For returns with refund claims ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , do the following:

    Refund Claim Cincinnati and Ogden
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    1. Make a copy of the first two pages of the tax return along with any page of the return that appears suspicious.

    2. Attach Form 4227, Intra-SC Reject or Routing Slip, to the copy.

    3. Route the copy to Ogden, Mail Stop 9001, Criminal Investigation (CI).

    4. Edit an action trail "Copy to CI" , or "CI Referral" , or similar language in the lower left corner going vertically up the side of the return.

    5. Edit Action Code 341 or CCC "U" (whichever is applicable) on the return.

    6. Continue processing the return.

  4. Because of the repetitive nature of the C&E function, C&E Tax Examining technicians often recognize income tax return data which is outside of the norm for data found on similar returns for each income tax return type. If C&E identifies return characteristics not meeting Audit Code or Exam referral criteria it deems suspicious, CI is available to review the referral.

  5. If a suspicious return is identified, do the following:

    1. Make a copy of the first two pages of the tax return along with any page of the return that appears suspicious.

    2. Attach Form 4227, Intra-SC Reject or Routing Slip, to the copy.

    3. Route the copy as indicated in the table below.

      Cincinnati Ogden Kansas City
      Mail Stop 83G, Criminal Investigation (CI) Mail Stop 9001, Criminal Investigation (CI) Mail Stop S2 9000, Criminal Investigation (CI)
    4. Edit an action trail "Copy to CI" , or "CI Referral" , or similar language in the lower left corner going vertically up the side of the return.

    5. Continue processing the return.

  6. If the return fits other criteria (e.g., Frivolous Argument), take appropriate action.

♦Examination (Exam) "Funny Box" ♦

  1. The primary objective in identifying tax returns for examination is to promote the highest degree of voluntary compliance. Examination will provide support and assist Submission Processing (SP) with any questionable return identified during processing. Exam has a vast multitude of programs and tolerance criteria already identified in various IRM sections. Exam does not restrict SP with the flexibility to refer questionable returns other than what is currently identified in various IRMs.

♦IRS Employee Contacts - RRA 98 IRC §3705(a) ♦

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

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

    1. Telephone Contact - Their title (e.g., Mr., Mrs., Ms., Miss), last name and badge identification (ID Card) number.

    2. Face-to-Face Contact - Their title (e.g., Mr., Mrs., Ms., Miss), provide as appropriate during the conversation, their last name and badge identification (ID Card) number.

    3. Correspondence - All correspondence must include a telephone number that taxpayers can call for answers to any questions they may have. In addition, manually generated and handwritten correspondence must have the employee’s title (e.g., Mr., Mrs., Ms., Miss), last name, and IDRS (Integrated Data Retrieval System) number, letter system number, or their badge identification (ID Card) number.

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

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

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

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

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

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

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

    Note:

    The Taxpayer Bill of Rights (TBOR), was adopted by IRS in June 2014 and provides that taxpayers have the right to receive prompt, courteous and professional assistance in their dealings with the IRS. They are to be spoken to in a way that is easily understood and any correspondence from the IRS must be clear and understandable. They have the right to speak to a supervisor whenever quality service is not received.

♦Taxpayer Advocate Service (TAS)♦

  1. Per the Taxpayer Bill of Rights (TBOR), taxpayers have the right to expect a fair and just tax system which provides taxpayers with the opportunity to have their facts and circumstances considered when it might affect their underlying liabilities, ability to pay, or ability to provide information timely.

  2. Taxpayers have the right to receive assistance from the Taxpayer Advocate Service (TAS) if they are experiencing financial difficulty or if the IRS has not resolved their tax issues properly and timely through normal channels. For additional information on the Taxpayer Bill of Rights, visit http://taxpayeradvocate.irs.gov/About-TAS/Taxpayer-Rights

  3. Refer taxpayers to TAS when the contact meets TAS criteria (see IRM 13.1.7, Taxpayer Advocate Service (TAS) Case Criteria), or when Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Assistance Order), is attached and steps cannot be taken to resolve the taxpayer's issue the same day.

  4. "Same day" includes cases that can be completely resolved in 24 hours, as well as cases where steps can be taken within 24 hours to begin resolving the issue. (See also IRM 13.1.7.4, Same Day Resolution by Operations).

  5. When making a TAS referral, use Form 911, and forward to TAS in accordance with your local procedures.

♦TAS Service Level Agreements (SLA)♦

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

  2. The SLAs are located at http://tas.web.irs.gov/policy/sla/default.aspx.

♦Use of FAX for Taxpayer Submissions♦

  1. Tax return information can be received via fax as part of return perfection even if a taxpayer signature is required. In circumstances where contact with the taxpayer has been made and documented, faxed signatures are acceptable. For more information about accepting signed taxpayer documents by fax, see the most recent revision of the IRS Policy for Use of Fax, available at http://win.web.irs.gov/SP/News/Updates/Scanned_Revision_of_Policy_for_Use_of%20Fax_in_Taxpayer_Submissions.pdf#search=Revision%20of%20Policy%20for%20Use%20of%20Fax%20in%20Taxpayer%20Submissions.

  2. Contact with the taxpayer may be by telephone or correspondence. Follow local procedures to determine which method of contact will be used.

  3. Code and Edit examiners will indicate the fax paragraph on the approved Correspondence Action Sheet to advise taxpayers of the option to fax their response.

  4. Use the following resources to make sure you are speaking with the taxpayer or authorized representative before disclosing any tax information:

    • IRM 21.1.3.2.3, Required Taxpayer Authentication.

    • IRM 21.1.3.2.4,Additional Taxpayer Authentication.

  5. Before leaving any messages on a taxpayer's answering machine, review:

    • IRM 11.3.2.7.1, Leaving Information on Answering Machines/Voicemail.

    • IRM 11.3.1.14, Facsimile (FAX), Electronic Facsimile (E-FAX), and IRS Internal Enterprise Electronic Facsimile (EEFAX) Transmission of Tax Information.

♦General Disclosure Guidelines♦

  1. IRC § 6103 establishes the taxpayer's (T/P's) right to privacy of tax information. You must be sure that you provide correct information to the correct T/P or authorized representative (check IDRS CC CFINK for Power of Attorney - POA).

  2. Taxpayer returns and return information must remain confidential as provided for in IRC § 6103,Confidentiality and disclosure of returns and return information. IRC § 7431 provides civil damages for unauthorized disclosure of returns and return information. IRC § 7213 and IRC § 7213A provides criminal penalties for unauthorized disclosure or unauthorized inspection of returns and return information and requires employees be discharged from duty if charged and convicted of these offenses.

  3. For more information on General Disclosure Guidelines refer to IRM 21.1.3,Operational Guidelines Overview, and for full discussions refer to IRM 11.3.1 through IRM 11.3.40,Disclosure of Official Information.

♦Statute Returns♦

  1. Any return with a Received Date that is two years and nine months or more after the Return Due Date is a potential statute control return. A

  2. Statute return must be routed to the Statute Control Unit daily or more often if needed.

    Note:

    The Form 8288 return is considered unprocessable until it has been cleared by Statute Control.

    Exception:

    If the return has already been cleared by statute, edit Computer Condition Code (CCC) "W" and continue processing. However, if the statute clearance date shows a date cleared more than 90 days earlier, send return back to Statute function for clearance.

  3. Do not route to the Statute Control Unit for clearance if any of the following conditions are present:

    • Compliance Section 6020(b) returns.

    • Returns with "TC 59X" or Integrated Collection System ("ICS" ) notated on the face of the return.

    • Returns that are substitute returns prepared by Examination Substitute For Return ("SFR" ) in top margin of the return.

    • Returns with a stamp indicating a previous clearance by Statute Control within the last 90 days.

  4. If a Form 12412, Operations Assistance Request (OAR) is received from TAS and the return is a potential statute control return but is not stamped "Cleared by Statute" , give the return to your lead. The lead will contact the TAS employee listed on the OAR for rejection of the return and send it back to TAS for clearance by the Statute Unit.

    Note:

    If the return is within 90 days of the statute expiration date, advise the TAS employee of such and route the return directly to statute for clearance.

  5. Statute returns are unprocessable until they are cleared by Statute Control.

    If... Then...
    The return is numbered,
    1. Edit CCC "U" .

    2. Leave the return in the batch and continue processing.

    The return is unnumbered,
    1. Do not continue processing and edit CCC "U" .

    2. Pull the return from the batch.

    3. Attach Form 4227, lntra-SC Reject or Routing Slip, and route to Statute Control Unit.

  6. Once the document is returned by Statute, and it has been cleared by Statute, edit CCC "W."

    Note:

    Statute will stamp or indicate clearance on the front of the return.

  7. The Internal Revenue Code (IRC) states that the Internal Revenue Service (IRS) will assess, refund credit, and collect taxes within specific time limits. These limits are known as Periods of Limitations. When they expire, the IRS can no longer assess additional tax, allow a claim for refund by the taxpayer, nor take collection action. There are different periods of limitations for Assessment, Refund, and Collection Statutes. The expiration of these periods is tracked separately.

  8. The different periods of limitations expiration dates that are tracked are:

    • Assessment Statute Expiration Date (ASED): Return filed -three years from the Return Due Date (RDD) or three years from approved extended date; Returns filed late - three years after the return was filed; No return filed - assessment may occur at anytime. See IRC § 6501(a) and (c)(3).

    • Refund Statute Expiration Date (RSED): three years from the time the return was filed or, if later, two years from the date after the tax was paid. See IRC § 6511(a) and IRC § 6511(b)(2)(A).

    • Collection Statute Expiration Date (CSED) is generally 10 years from the 23-C date or 10 years from the date of the Transaction Code (TC) 29X or 30X adjustment. See IRC § 6502(a).

    Note:

    Exceptions may apply to change the periods of limitations.

  9. There are several conditions that may change the general Assessment Statute Expiration Date (ASED). They include:

    • IRC § 6501 (c) (1) -- False Return

    • IRC § 6501 (c) (4) -- Extensions by Agreement

    • IRC § 6501 (b) (3) -- Substitute for Return by Authority of IRC § 6020(b)

      Caution:

      IRC § 6020(b) is not a tax return that triggers the period of limitations on assessment under IRC § 6501(a). If the taxpayer subsequently files a return reporting an additional liability, that return constitutes an original tax return allowing for the assessment of any additional amount not already assessed under the Substitute for Return program and triggering the running of the period of limitations on assessment for the tax year.

    • IRC § 6501 (d) -- Is request for Prompt Assessments, which shortens the Assessment Period

    • IRC § 6501 (e) -- Substantial Understatement (in excess of 25 percent) Omission of Income provides for a six-year period of limitations.

    • IRC § 6503 (a) -- Issuance of Statutory Notice of Deficiency (90-day Letter, which suspends the running of the period of limitations.)

    • IRC § 6503 (h) -- Bankruptcy

    • IRC § 6229(a) through IRC § 6229(h) Partnership Items

  10. In the case of a partnership subject to the unified partnership audit and litigation procedures of IRC § 6221 - 6234, the issuance of a notice of final partnership administrative adjustment suspends the statute under IRC § 6229 (d). The partnership can also extend its statute through a Form 872 signed by a general partner on behalf of the partnership, or through a Form 872-P signed by the tax matters partner.

  11. Once a partnership issues Form 8805 (Foreign Partner's Information Statement of Section 1446 Withholding Tax) to its partners, the partnership may not claim a refund for any amount of tax shown on the Form 8805s as paid on behalf of the partners per Treasury Regulation Section 1.1446-3(d)(2)(iv).

  12. If a partnership subject to the unified partnership audit and litigation procedures of IRC § 6221 - 6234 is entitled to a refund, it must file a refund request (Request for Administrative Adjustment - (RAA)) within three years of the filing of the partnership return. Under IRC § 6227(a), the RAA must be filed using a Form 8082 (Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR)). If a Form 872-P (Consent to Extend the Time to Assess Tax Attributable to Partnership Items) or Form 872 statute extension is secured from the partnership, the RAA can be filed within this extended period according to IRC § 6227.

  13. Refer to IRM 25.6, Statute of Limitations for additional Statute instructions.

♦Protective Claims♦

  1. Returns marked as "Protective Claim" , "Protective Claim for Refund," or similar statement will be removed from the batch and routed to Accounts Management (AM). Notate Protective Claim in the remarks box of Form 4227, Intra-SC Reject or Routing Slip.
    Internal Revenue Service
    Attn: BMF INTL AM Dept. - 3-L08.154
    2970 Market St.
    Philadelphia, PA 19104


    Notate "Protective Claim" in the remarks box of Form 4227.

    Exception:

    If the Form 8288 return is amended, do not remove from batch and do not edit Computer Condition Code "G." Follow normal processing procedures.

Delinquent Returns

  1. A return is normally delinquent if it is not received on or before the Return Due Date (RDD). However, accept the return as timely filed ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . See IRM 3.10.72,Receiving, Extracting and Sorting and IRM 3.10.73,Batching and Numbering.

  2. Accept a return as timely if:

    1. The return was mailed in time to reach the Service through normal handling within the legal period but,

    2. Through no fault of the taxpayer, it was not delivered.

  3. Consider a return timely if it appears that the Post Office might have sent it to another government agency in error, or if the original envelope bears a timely postmark or a timely date stamp by that agency. However, if the return was erroneously addressed to another agency, it will be date stamped with the current date when the IRS received it.

    Note:

    Beginning after February 19, 2016, taxpayers are required to use the revised mailing address provided in the updated regulations. However, the IRS will not assert penalties against taxpayers that use the old mailing address previously specified in the regulations, which is an obsolete mailing address at the Philadelphia Service Center, on or before June 20, 2016. Consider a return timely if it appears that the return was previously mailed to the old Philadelphia Service Center address on or before June 20, 2016.

  4. The Return Due Date (RDD) for Form 8288 is the 20th day after the Date of Transfer (DOT), or the 20th day from the date on the withholding certificate, whether it is approved or denied.

    Note:

    Beginning January 1, 2018, if any forms that were required to be filed, or amounts that were due, under section 1446(f) on or before May 31, 2018, no penalties or interest will be asserted if these forms are filed with, and such amounts are paid over to, the IRS on or before May 31, 2018. Accept as timely filed if Form 8288 was received more than 20 days after the DOT and was received on or before May 31, 2018. See IRM 3.21.261.17(5) for more information on accepting these returns as timely filed.

  5. If a return is delivered to the IRS after the date prescribed for filing, consider the following:

    • The postmark date stamped on the envelope as the date of delivery.

      Note:

      If the postmark date falls on or before the prescribed date for filing the return, then consider the return timely and edit the timely postmark date in MMDDYYYY format.

  6. If the return is truly delinquent, check the return for attachments for an explanation of late filing. If the taxpayer attaches correspondence with a reasonable cause explanation for failure to file, then take the following steps:

    1. Detach the reasonable cause explanation correspondence from the return.

    2. Complete Form 3499,"Informational Transmittal," and forward to Philadelphia Accounts Management Campus (PAMC), BMF International unit, Building Locator Number (BLN) 3-L08.154. In the remarks area write "Process attached Reasonable Cause Correspondence."

    3. Prepare correspondence action sheet for IDRS Letter 1382C (Penalty Removal Request Incomplete) (use paragraphs "A and S" ) and assign it to a clerk for input to IDRS, or follow local procedures. It may or may not include the Rejects function.

      Note:

      Do not edit CCC "7, U or R" on the return. PAMC will address the taxpayers reasonable cause letter.

    4. Continue processing Form 8288. Do not attach the correspondence action sheet 1382C to the return.

    5. Edit Action Trail: 1382C sent.

♦Compliance Secured/Prepared Returns♦

  1. Compliance functions secure returns from the taxpayer and also prepare returns if the taxpayer does not provide them.

    1. Prepared tax returns are notated with "6020(b)" or "SFR" (Substitute for Return).

    2. Secured tax returns are notated with "TC 59X" or "ICS" (Integrated Collection System) or notated "Process as Original" with an attached Form 13133, Expedite Processing Cycle. The "Delinquent Return" box on Form 13133 should be checked. If Form 13133 is attached, edit the Computer Condition Codes (CCC) that are checked on the form.

      Note:

      If "RD" (Return Delinquency) is notated on the front of the return and not circled, remove from the batch and route to Collections.

♦IRC § 6020(b) - Prepared by Collection♦

  1. When the taxpayer fails to file a required return, IRC § 6020(b) is the authority for the IRS to prepare the return.

  2. These returns are identified by the notation: "PREPARED AND SIGNED UNDER THE AUTHORITY OF SECTION 6020(b) OF THE INTERNAL REVENUE CODE" which is located in the center bottom of Page one of the return.

    1. Returns must have a Received Date. If no Received Date is present per the Compliance Function, follow the normal procedures for editing the Received Date.

    2. Returns must be signed by Compliance Function representative. If not signed, route to Compliance using Form 4227, Intra-SC Reject or Routing Slip.

    3. Edit CCC "4" .

      Note:

      CCC "R" should not be used with CCC "4" .

    4. Do Not correspond with the taxpayer for unprocessable conditions. If the return is completely unprocessable, edit CCC "3" and continue processing.

    5. Edit CCC "W" if the Received Date is more than two years and nine months after the Return Due Date. Do Not send the return to Statute Control.

♦Collection Secured♦

  1. These returns are identified by the notations: "TC 59X" or "ICS" .

    1. Do Not edit CCC "G" on these returns.

    2. Use approved Correspondence Action Sheet to correspond for conditions that cannot be processed (e.g., missing signatures, missing schedules, etc.).

    3. Edit CCC "W" if the received date is more than two years and nine months after the Return Due Date (RDD). Do Not send the return to Statute Control.

♦Examination Prepared♦

  1. These returns are identified by the notation: "SFR" or "SUBSTITUTE FOR RETURN" on Page one.

    1. Return must have a Received Date. If no Received Date is present, follow the normal procedures for editing the Received Date.

    2. Do Not correspond with the taxpayer for unprocessable conditions. If the return is completely unprocessable, use No Reply procedures and edit CCC "3" and continue processing.

    3. If Form 13133, Expedite Processing Cycle, is attached, edit the Computer Condition Codes that are checked on the form.

      Note:

      CCC "R" should not be used with a CCC "4" .

    4. Edit CCC "W" if the Received Date is more than two years and nine months after the Return Due Date. Do Not send the return to Statute Control.

♦Examination Secured♦

  1. These returns are identified by the notation: "Process as Original" on Page one of the return and a Form 13133, Expedite Processing Cycle, attached with the "Delinquent Return" box checked.

    1. Do not edit CCC G on these returns.

    2. Use approved Correspondence Action Sheet to correspond for conditions that cannot be processed (e.g., missing signatures, missing schedules, etc.).

    3. Edit the Computer Condition Codes that are checked on Form 13133.

      Note:

      CCC "X" (Hold Credits on Module) is valid for Form 8288.

    4. Edit CCC "W" if the IRS Received Date is more than two years nine months after the Return Due Date. Do Not send the return to Statute Control function.

♦Frivolous Arguments♦

  1. A frivolous argument is used for the expressing dissatisfaction with the substance, form or administration of the tax laws by attempting to illegally avoid or reduce tax liabilities. Recognized frivolous arguments made by businesses include, but are not limited to, the examples in IRM 25.25.10, Frivolous Return Program (FRP).

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

    Frivolous Return Criteria

    If... Then...
    The return meets any of the conditions identified as a frivolous return, (e.g., indicated by CCC "U" or an Action Code 331) and a Form 4227, Intra-SC Reject or Routing Slip, attached with the remarks, "Refer to Exam, Frivolous Return Processing (FRP) for audit after processing," continue to next procedure. Remove return from the batch and place the return in the locally designated basket for Examination, Frivolous Return Processing for review.
    Examination has selected the return as frivolous, (e.g., indicated by CCC "U" or an Action Code 331) and a Form 4227, Intra-SC Reject or Routing Slip, with the remarks, "Refer to Exam FRP for audit after processing," but sends the return for processing, Continue processing the return using procedures in IRM 3.21.261 (Foreign Investment in Real Property Tax Act (FIRPTA)). However, do not circle or void the Action Code indicating a frivolous return.

     

    Note:

    Returns having only zeros, no entries, are blank or indicate None,Not Liable, etc. with no evidence of a frivolous argument are not to be considered as frivolous returns. See Exhibit 3.21.261-6

♦Issuing Correspondence♦

  1. Issue correspondence to resolve any conditions causing the return to be unworkable or unprocessable.

    Exception:

    Do not correspond on returns prepared by Collections, Section 6020(b) or by Examination, "Substitute for Return (SFR)" .

  2. Examine the return so that all of the conditions can be included in the same correspondence. See "Reminder" in IRM 3.21.261.19.6 for additional instructions.

    If... And... Then...
    Correspondence is needed Requires a response,
    1. Complete an approved Correspondence Action Sheet indicating the Letter number (86C, 854C, etc.), Master File Tax (MFT), and the appropriate paragraphs.

      Note:

      Within these paragraphs, there may be fill-ins that the tax examiner will be required to enter, such as, tax period, form number, DLN, etc.

    2. Attach the Correspondence Action Sheet to the front of the return below the Entity area.

    3. Edit CCC "U."

    4. Continue editing the return.

    5. Leave the return in the batch.

    Correspondence is needed Does not require a response,
    1. Complete an approved Correspondence Action Sheet indicating the Letter number (86C, 854C, etc.), Master File Tax (MFT), and the appropriate paragraphs.

      Note:

      Within these paragraphs, there may be fill-ins that the tax examiner will be required to enter, such as, tax period, form number, DLN, etc.

    2. Photocopy and attach the Correspondence Action Sheet below the Entity area on the front of the return. Be sure the name and address shows clearly above the approved Correspondence Action Sheet.

    3. Forward the copy to the Correspondence area.

    4. Finish editing the return and leave in batch.

    Note:

    There may be additional letters that are exclusive to the tax examiner's campus. These letters are for specific forms or conditions where it was deemed necessary for processing. The tax examiner should go to his or her lead or manager for copies of these letters to facilitate processing.

  3. Prepare Form 4442 (Referral Inquiry) (Exhibit 3.21.261-7 Form 4442) when you receive a call from the transferor (seller) or transferee (buyer) requesting assistance in obtaining their ITIN number. Once you complete Form 4442 have your manager review it and sign it. Once the manager has signed Form 4442, FAX it to PAMC at 267-941-1025.

♦Correspondence Imaging System (CIS) Returns♦

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

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

  3. Verify all edit marks on a "CIS" return.

    If... Then...
    The edit marks are black, Underline the edit mark if correct, circle the edit mark if incorrect, and make any corrections.
    The edit marks are red or green, Circle if incorrect and make any corrections.
  4. Follow these instructions when you receive a Form 8288"CIS" return for processing:

    If... And... Then...
    You receive an 8288 CIS return from AM   Research the INTL WebApps database to see if it was previously processed.
    1. Processed

    2. IDRS shows Form 8288 posted

    1. Found in the INTL WebApps database,

    2. it is in the correct tax period,

      Note:

      If it is not in the correct tax period, then place a Form 3465 (Adjustment Request) on the 8288 CIS return and return it to PAMC with a note saying "Resolve mixed tax period"

    1. Research IDRS for posting of the document.

    2. Make a print of the IDRS screen to attach to the front of the 8288 CIS return for association with the original return in files. However, prior to making the print, type the word "ATTACHMENT" on the IDRS screen. After printing, highlight the word "ATTACHMENT" along with the DLN receiving the attachment and send it on its way to files.

    1. Not previously processed to the INTL WebApps database,

    2. Not previously processed to the INTL WebApps database,

    1. It is not posted on IDRS,

    2. It is posted on IDRS,

    1. Continue with normal processing, which includes processing the 8288-A record in the INTL WebApps database.

    2. Process the 8288-A record in the INTL WebApps database (Refer to IRM 3.21.25, International Returns and Documents Analysis - Miscellaneous Tax Returns for instructions). In addition, make a print of the IDRS screen to attach to the front of the 8288 CIS return for association with the original return in files. However, prior to making the print, type the word "ATTACHMENT" on the IDRS screen. After printing, highlight the word "ATTACHMENT" along with the DLN receiving the attachment and send it on its way to files.

      Note:

      If Form 8288-A is not attached, correspond for the documents using IDRS letter 3104C (FIRPTA and Foreign Partnership Withholding Tax Return Processing and Unsubstantiated Refundable Cr).

    The "CIS" return has a Form 13596, Reprocessing Returns, attached The return is not complete (e.g., missing signature, schedules or forms)
    1. Do not correspond.

    2. Remove the return from the batch and route to AM.

    3. If the return comes back from AM with the information still incomplete, send the return to AM again to secure all the missing information. Indicate "Additional information needed to process incomplete CIS return," or similar language on Form 4227, Intra-SC Reject or Routing Slip (or other appropriate routing slip).

    The CIS return has a Form 13596, Reprocessing Returns, attached and the return is incomplete (e.g., missing signature, schedules, or forms), There is an indication on the return that correspondence has been sent (e.g., CCC 3 is edited on the return), Do not route the return to AM. Continue processing the return.
    The "CIS" return does not have a Form 13596,Reprocessing Returns attached, The return is not complete (e.g., missing signature, schedules or forms), Follow normal correspondence procedures.

♦General Editing Guidelines♦

  1. The following general information can be used when editing Form 8288 returns.

  2. General instructions eliminate repetition of the same instructions for each return. If the general instructions and the specific instructions conflict, follow the specific instructions.

  3. All money amounts must be entered in dollars and cents.

  4. Money amounts are positive.

  5. Do not bracket negative amounts.

  6. Beginning with Tax Year Ending 12/31/2005 Form 8288 are processed as BMF Returns (Programs 11330 and 11338).

  7. If a Form 8288 with a date of transfer of 12/12/2005 and prior is submitted by the taxpayer, do not process it through the BMF.

    Rejection Action:

    1. Edit CCC "U."

    2. Prepare Form 4227, Intra-SC Reject or Routing Slip with the following reason in the remarks area; "NMF 8288 return DOT 12/12/2005 and prior - Transship to CSPC" and staple it to the face of the document.

    3. Continue editing the entire return, but do not enter Form 8288-A in the database.

    Note:

    Rejects or Unpostables will transship the return to CSPC.

♦Edit Marks♦

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

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

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

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

    Edit Mark Description
    "X" or The "X" is used to delete tax data or to indicate that an item is not to be transcribed. For example, if deleting an original taxpayer entry, edit an X to the left of the entry to be deleted. Edit the correct entry to the left or above the X.
    / A / can be used when deleting a form or schedule not being transcribed.
    "//$" The "//$" is used in the entity area to identify the beginning and ending of a foreign country code. For example, "/EI/$" is edited for "Ireland" or "/GM/$" is edited for "Germany" .
    "c/o" or "%" Indicates an "in-care of" name for transcription.
    Circle Indicates that an entry is not to be transcribed, also used to delete Entity data or a Received Date.

    Reminder:

    Always circle out a name.

    Note:

    If the taxpayer circles an entry, edit the entry.

    Underline Indicates that an entry is to be transcribed (e.g., Name Control, Tax Period, etc.)
    Arrow Indicates the correct placement of a misplaced entry. An arrow may be used if the misplaced item is close to the correct line and there is no question where the entry belongs.

    Note:

    A double arrow may be used if the same figure is to be transcribed in two different places (along with any required transcription data between the two arrows).

    Check Mark Indicates that an entry has been manually math verified and is correct.
    Bracket/Parenthesis Indicates a negative numerical amount.

    Note:

    C&E is no longer required to bracket negative amounts when brackets are preprinted on the form or schedule or when the taxpayer clearly indicates a negative amount with brackets (-) sign. It will be necessary to bracket negative amounts when editing negative entries on transcription lines (i.e., computing and entering a line entry, entering a missing line entry, etc.)

    Vertical Line or Decimal Point Indicates the separation of dollars and cents if no distinction has been made by the taxpayer.
    Zero, Dash, None or N/A "ZERO" , "DASH" , "NONE" , or N/A are considered valid entries except when specific instructions require editing of an entry.
    Edit Marks Made by Other IRS Functions Edit marks entered by other areas, such as Collection or Accounts Management, are not to be re-edited except to place the marks in the correct area or to perfect for legibility. Do not edit (or write) over another area's edit marks.

    Exception:

    Photocopied Returns.

    Photocopied Returns Re-edit or underline any valid, black edit marks.
    Green Check Mark Indicates the amount paid when placed next to the tax amount on Form 8288 Line 6.

♦Action Codes♦

  1. Action Codes are used to indicate whether correspondence, research or some other action is needed. The Action Code will set the suspense period to be assigned to the return and place the return in the workable or unworkable suspense inventory.

    Note:

    Computer Condition Codes (CCC) are used in lieu of Action Codes in processing Form 8288.

  2. When necessary, a three-digit Action Code will be assigned by the tax examiner.

  3. Edit the Action Code in the bottom left margin of the return.

  4. Assign Action Codes in the following priority

    1. Action Code 310 (Statute Control).

    2. Action Code 320 (Entity Control)

    3. Action Code 4XX.

    4. Action Code 6XX

    5. Action Code 3XX.

    6. Action Code 2XX (Correspondence)

      Exception:

      Use Action Code 215 or Action Code 226 before Action Code 341 to ensure the return is complete before a manual refund is issued.

  5. Attach Form 4227 when more than one Action Code is needed. Edit the second Action Code on Form 4227.

  6. If more than one Action Code of the same priority is required (e.g., 215 and 226) edit the Action Code with the shortest suspense period and attach Form 4227 to indicate the second unprocessable condition.

  7. Edit the following Action Codes when a return cannot be perfected from the information present:

    Action Code Description
    211 (First Correspondence)
    • Return is so illegible, incomplete or contradictory that it is not acceptable for computer processing.

    • The Taxpayer notates on the return or attachment that they are reporting tax for more than one Tax Period or for more than one type of tax.

    225 (Missing Signature Correspondence)
    • Unsigned return (only issue for correspondence).

    226 (Missing Signature International Correspondence) Unsigned foreign return (only issue for correspondence).
    480 (Early Filed-Suspense) The return is an early-filed return.
    610 (Renumbered non-remittance) or 611 (Renumbered with-remittance) A return mis-blocked (e.g., Form 1065 is found in an 1120 batch of work).
    650 (International) The return is an international return and must be forwarded to OSPC.
    640 (Void) To delete the assigned DLN on the return (e.g., Re-entry Returns).
  8. Continue perfecting the return after editing the Action Codes.

  9. Valid Action Codes are listed below:

    Action Code Description Workday Suspense Period
    211 First Taxpayer Correspondence 40
    212 Second Correspondence 25
    215 International Correspondence "70"
    225 Taxpayer Correspondence (Signature Only) 40
    226 International Correspondence (Signature Only) "70"
    310 Statute Control 10
    320 Entity Control 10
    331 Frivolous Review 10
    341 Manual Refund 10
    342 Credit Verification 10
    352 Name Research 3
    360 Other-in-House Research 10
    440 Managers Suspense 15
    480 Early Filed Suspense 150
    610 Renumber - Non-remit 0
    611 Renumber – Remit 0
    640 Void 0
    650 International 0

Amended Returns

  1. Computer Condition Code "G" is not valid for the Form 8288 program. Never edit CCC "G" on Form 8288. Process every Form 8288 return as an original return. An amended return may be identified by such words as "CORRECTED" or "SUPPLEMENTAL." Filing a "Copy" of a return is not sufficient reason to label a return "Amended" unless accompanied by a positive statement from the taxpayer.

    Note:

    Research International Web Apps and IDRS when there is an indication that the Form is amended or corrected or may have already been processed.

Form 8288 Attachments

  1. Examine all attachments to the return being processed and take action as required by the attachment.

    Note:

    Form 8288 is also used to transmit Form 8288-A to the IRS. Form 8288-A must be recorded in the International Web Application (INTL WebApps) Database by the FIRPTA unit. Therefore, if the attached Form 8288-A does not contain the FIRPTA stamp "Copy B Mailed" on it, then most likely Form 8288-A has not been recorded in the INTL WebApps Data Base.

  2. When an attachment influences the document being processed, leave it attached, unless a specific instruction requires that it be detached.

    Example:

    If Form 8822,Change of Address is attached to Form 8288, follow the instructions in the "Routing Guide for Attachments."

    Reminder:

    Before routing Form 8822 verify that the change of address on Form 8822 appear on Form 8288, Line 1, and on the set of Forms 8288-A. If not, then edit the correct address on Form 8288 and/or Forms 8288-A.

  3. Withholding Certificate:

    • This document will only be attached to Form 8288 when the transferee (buyer) withholds less than the required 10, 15 or 21 percent (35 percent for dispositions prior to January 1, 2018) FIRPTA tax. The taxpayer must also check either Line 5c of Part I, or Line 5d of Part II (or have an entry greater than Zero on older Forms 8288 revised before February 2017), of Form 8288 to indicate reduced withholding.

      Note:

      There are no withholding certificates for Section 1446(f) withholding at this time.

    • The withholding certificate is to remain attached to Form 8288. See IRM 3.21.261.19.11.

  4. Again, Do not detach from Form 8288:

    • any Form 8288-A (unless it is a Copy B) document, or

    • any withholding certificate, appearing in the table below.

      Withholding Certificate Letter Numbers for Transferee/Buyer
      3309 (Zero/Exempt - Generic)
      3310 (Reduced MTAXL - Generic)
      3312 (Reduced Installments)
      3313 (Rejected - RFMI not Recd)
      3314 (Rejected - MTAXL >10 percent)
      3316 (Rejected - Generic)
      3497 (Reduced - Generic)
      3793 (No TIN – 8288-B)

    Note:

    If Part I, Line 6 or Part II, Line 6 is less than 10 percent of Part I, Line 5b or Part II, Line 5b, or is less than 15 percent of Part I, Line 5a or Part II, Line 5a for dispositions after February 16, 2016, and an approved withholding certificate is attached, but Part I, Line 5c or Part II, Line 5d has not been checked/completed, then edit/check Part I, Line 5c or Part II, Line 5d and assign the reduced withholding rate and bypass indicator.

  5. Form 8288-B, Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests. This document is not supposed to be attached to Form 8288.

    If Then
    Form 8288-B is attached, Detach Form 8288-B and forward it to the Ogden Accounts Management Branch, Large Corp unit, along with any supporting documentation for processing.

    Form W-7 or Form W-7 (SP),Application for IRS Individual Taxpayer Identification Number. This document may or may not be attached to Form 8288.

    If Then
    Form 8288 has a Form W-7 or Form W-7 (SP) attached to it, Forward Form W-7 or Form W-7 (SP) with all associated documentation and a copy of Form 8288 and Form 8288-A to the Austin Submission Processing Campus (AUSPC).
    Forward it to the Internal Revenue Service Campus, Attn.: Individual Taxpayer Identification Number (ITIN) Unit, Austin, TX 73301-0002.

    Note:

    Once the ITIN is assigned, AUSPC will notate ITIN # on the copy of Form 8288 and fax or mail the ITIN edited Form 8288 back to OSPC for continued processing.

    Form W-7 is attached to Form 8288-A Forward a copy of Form 8288-A to the AUSPC.
    Forward it to the Internal Revenue Service Campus, Attn.: Individual Taxpayer Identification Number (ITIN) Unit, Austin, TX 73301-0002.
    Enter the following remarks on the transshipping transmittal. Edit the assigned ITIN number on Form 8288-A and FAX it to the originator at the OSPC Code and Edit unit for document processing.
    A Form W-7 and Form 8288-B are attached to Form 8288, Forward the Form W-7 and Form 8288-B to AUSPC. Forward it to the Internal Revenue Service Campus, Attn.: ITIN Unit, Austin, TX 73301-0002. Enter the following remarks on the transshipping transmittal; Edit the assigned ITIN number on Form 8288-B and return it to the originator (transship it back to Ogden Accounts Management (AM) Dept.) for document processing.

Unrelated Attachments

  1. Requests for adjustment of another return:

    1. Remove any attachment requesting an adjustment (Automated Data Processing (ADP) or non-ADP).

    2. Forward to the BMF International Philadelphia Accounts Management (PAM) Department for action.
      Internal Revenue Service
      Attn: BMF INTL AM Dept. - 3-L08.154
      2970 Market St.
      Philadelphia, PA 19104

    3. lMPORTANT: Leave an "Action Trail" on the Form 8288, notating the attachments removed from the Form 8288.

  2. If the attachment does not include the taxpayer's name, address or TIN, enter this information on the attachment.

  3. If the taxpayer writes a question or requests assistance on the return itself, check with your manager.

  4. If a tax authorization is attached to correspondence (Form 2848 or Form 8821), review the correspondence to determine if other requests are involved:

    1. If other requests are involved, photocopy the correspondence and send the copy to PAM (See IRM 3.21.261.13.1 (1b)) for action, and send the original Form 2848 or Form 8821 to Ogden's Centralized Authorization File (CAF) function for processing.

    2. If other requests are not involved, send the original correspondence and the authorization to the Campus CAF function for processing.

  5. Other Unrelated Attachments:

    1. Remove other unrelated attachments (such as other returns, acknowledgments, requests for tax forms, etc.) from the document being processed, and

    2. Route to the proper function for necessary action.

  6. Always include the following information when forwarding documents to other functions:

    • Name and address of the taxpayer

    • Taxpayer Identification Number

    • Received Date

    • Tax Period and type of document from which detached

    • Action required to be taken

  7. If an attachment is removed because most of the information is unrelated to the Form 8288 being processed:

    1. Photocopy the attachment.

    2. Attach it to the Form 8288.

    3. Leave an "Action Trail" .

    4. Route the attachment to the appropriate function.

♦Routing Guide for Attachments♦

  1. All attachments to the return must be reviewed before the return can be considered processable.

    1. Attachments should only be detached when specifically instructed.

      Note:

      Consider a return or document an "original" if it has an original signature or has been stamped "Process as Original" .

    2. Edit Action Trail(s) (e.g., "2848 DETACHED" ) in the lower left corner going vertically up the side of the return.

  2. Follow the general guidelines below for each attachment. The table contains routing instructions for specific forms and/or documents attached to Form 8288:

    DOCUMENT/FORM DETACH ACTION
    A General Power of Attorney or a Durable Power of Attorney or Tax Information Authority is submitted on any document other than Form 2848 or Form 8821 NO Take no action. Leave the Power of Attorney or Tax Authorization attached to the return. Do not route to the Centralized Authorization File (CAF) function.
    Closing Agreement NO Leave attached
    TD F 90-22.1, Report of Foreign Banks and Financial Accounts YES Transship to:
    U.S. Department of the Treasury
    P. O. Box 32621
    Detroit, MI. 48232-0621
    CP 259/959 (Spanish version), NO Correspondence is attached or taxpayer’s response indicates any of the following:
    • Taxpayer disagrees that they are required to file the return.

    • Only page one of the return is attached.

    • Employer Identification Number (EIN) on notice does not match EIN on return.

    • Return requested on notice not the same as return submitted.

    • Taxpayer asking question(s) or requesting IRS to act on their account.

    • Case involves any other IRS action(s) C&E not trained to complete.

    Then, Route to Compliance Services Collection Operations (CSCO). Use return address on Computer Paragraph (CP) notice;
    • Brookhaven - Stop #662

    • Memphis - Stop #81

    • Philadelphia - 4-N31.142


    If none of the above apply, correspondence or written response to the notice is not attached and/or, "599" is notated:
    1. Move the notice to the back of the return.

    2. Continue processing the return.

    Note:

    If the return is unsigned, but the taxpayer has signed the CP notice under the jurat, it is not necessary to correspond for the signature.

    CP 259 A through H NO OSPC BMF Entity
    Mail Stop 6273.
    CP 504/504B NO
    1. Pull CP 504 to the front.

    2. Route notice and return to Accounts Management.

    CP 518 NO Correspondence is attached or taxpayer’s response indicates any of the following:
    • Taxpayer disagrees that they are required to file the return.

    • Only page one of the return is attached.

    • EIN on notice does not match EIN on return.

    • Return requested on notice not the same as return submitted.

    • Taxpayer asking question(s) or requesting IRS take action(s) on their account.

    • Case involves any other IRS action(s) C&E not trained to complete.

    Then, Route to Compliance Services Collection Operations (CSCO). Use return address on CP notice;
    • Brookhaven - Stop #662

    • Memphis - Stop #81

    • Philadelphia - 4-N31.142


    If none of the above apply, correspondence or written response to the notice is not attached and/or, "599" is notated:
    1. Move the notice to the back of the return.

    2. Continue processing the return.

    Note:

    If the return is unsigned, but the taxpayer has signed the CP notice under the jurat, it is not necessary to correspond for the signature.

    Letters 112C, 282C, 2255C or 2284C No
    1. Identify which organization initiated the letter to the taxpayer (e.g., what organization signed the letter?).

    2. Route letters initiated by Accounts Management (AM) to Accounts Maintenance Research (AMRH):

      • Ogden - Mail Stop 6712

      • Cincinnati - Mail Stop 534G

      • Kansas City - Mail Stop N2 6800

      • Kansas City - Mail Stop N2 6800

    3. Route letters initiated by Collections as follows:

      1. If correspondence is attached or taxpayer’s response indicates any of the following:

        • Taxpayer disagrees that they are required to file the return.

        • Only page one of the return is attached.

        • EIN on letter does not match EIN on return.

        • Return requested on letter not the same as return submitted.

        • Taxpayer asking question(s) or requesting IRS take action(s) on their account.

        • Case involves any other IRS action(s) C&E not trained to complete.

        Then, Route to Compliance Services Collection Operations (CSCO). Use return address on letter;

        • Brookhaven - Stop #662

        • Memphis - Stop #81

        • Philadelphia - 4-N31.142

      2. If none of the above apply, correspondence or written response to the letter is not attached and/or, no "599" is notated:
        Then, Move the letter to the back of the return and continue processing.

    Note:

    If the return is unsigned, but the taxpayer has signed the letter under the jurat, it is not necessary to correspond for the signature.

    Includes tax liability for Multiple Tax Periods or Types of Tax NO
    • Numbered returns route to Rejects

    • Unnumbered returns, prepare a dummy return if possible: otherwise correspond

    Other Tax Returns (original signature) YES
    1. Edit Received Date to the detached return.

    2. Route to appropriate function unless specifically directed otherwise.

      Exception:

      Returns attached to a consolidated return will NOT be detached.

    Petitions in opposition of tax law provisions Yes

    Note:

    No Action Trail needs to be edited when detaching a petition.

    Route to:
    IRS
    ≡ ≡ ≡ ≡ ≡ ≡ ≡
    1111 Constitution Avenue, NW
    Washington, DC 20224
    State Tax Returns, original or copy, with an original signature YES Route to Receipt and Control.
    State Tax Returns (Photocopy, facsimile or no signature) NO Leave attached.
    Statement establishing Reasonable Cause for delinquent filing YES
    1. Issue Letter 1382C, Penalty Removal Request Incomplete(See IRM 3.21.261.9 (6)).

    2. Continue editing the return.

    Remittance found NO Immediately hand carry return and remittance to supervisor.
    Request for Acknowledgements NO No Action Required
    Request for information or inquiries YES
    1. Photocopy any data necessary to process the return

    2. Attach the photocopy to the return.

    3. Route original attachment to the proper office for necessary action.

    Request for money transfer YES Correspondence notates transfer of money TO the return you are processing:
    1. Prepare Form 3465, Adjustment Request,: to route the request to Rejects Unit.

    2. Hold the return for two cycles before processing.



    Correspondence notates transfer of money from the return you are working:
    1. Prepare Form 3465, Adjustment Request, to route the request to Philadelphia Automated Management (PAM). See IRM 3.21.261.13.1 (1b).

    2. Edit CCC "X" to freeze any overpayment. (Do not edit on Form).

    3. Continue processing the return.

    Request for Forms or Schedules NO If requesting current year forms:
    1. Prepare Form 4190, Order Tax Forms and Publications.

    2. Forward to National Distribution Center (NDC) for processing.



    If requesting prior year forms:
    1. Prepare Form 6112, Prior Year Tax Products Order Form.

    2. Forward to National Distribution Center (NDC) for processing.

      Note:

      Forms 4190 and Form 6112 are generally used for Individual Master File (IMF) requests. Therefore, enter all BMF requests for forms and/or schedules in the "WRITE-IN" portions of the forms.

    Form 2678 -Employer/Payer Appointment of Agent NO Leave attached
    Form 2848 -- Power of Attorney and Declaration of Representative YES
    • Edit taxpayer name and TIN on Form 2848 if missing.

    • Edit received date on Form 2848.

    • Route Form 2848 to CAF function.

    • Edit action trail on tax return.

    Form 5471 (Information Return of U.S. Persons With Respect To Certain Foreign Corporations) or Form 5472 (Information Return of a 25 percent Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business) YES Route to Receipt and Control for rebatch (form will be scanned for LB&I purposes).
    Form 5495, Request for Discharge from Personal Liability Under Internal Revenue Code Section 2204 or 6905 NO Leave attached
    Form 8233 --Exemption From Withholding on Compensation for Independent (and certain Dependent) Personal Service of a Nonresident Alien Individual YES Transship to:
    Department of Treasury
    Internal Revenue Service
    Philadelphia PA 19255-0725
    Form 8288 --, U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests -- with original signature YES, If attached to another return being edited Send to be processed
    Form 8288 -- U.S. Withholding Tax Return for Disposition by Foreign Persons of U.S. Real Property Interests -- Copy of return NO "X" -out Form 8288 and leave attached.
    Form 8288-A -- Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests NO Leave attached However, if it is a Copy B, detach it and follow the instructions in IRM 3.21.25
    Form 8288-B -- Application for Withholding Certificate for Dispositions by Foreign Persons of U.S. Real Property Interests YES Route to Ogden Accounts Management (AM) department
    Form 8821 -- Tax Information Authorization YES
    • Edit taxpayer name and EIN on Form 8821 if missing.

    • Edit received date on Form 8821.

    • Route Form 8821 to CAF function.

    • Edit action trail on tax return.

    Form 8822 -- Change of Address, or Form 8822-B, Change of Address or Responsible Party- Business, is attached, YES Route to Entity Control if the address is different than what is on the forms entity, and edit the new address on Form 8288 or Form 8822-B
    Form SS-4 --Application for Employer Identification Number YES Route to EIN Operations
    Stop 532G (Cincinnati Accounts Management)
    Form W-7 -- Application for IRS Individual Taxpayer Identification Number YES

    Note:

    Along with all of the documentation attached to it (i.e., passport, birth certificate, etc.)

    Reminder:

    Also, annotate the number of forms that were detached.

    Transship to:
    Internal Revenue Service
    ITIN Operation
    Mail Stop 6090 - AUSC
    3651 S. Interregional, Highway 35
    Austin, TX 78741-0000

    Note:

    Use the address above for internal mail and those packages being sent overnight express to the ITIN Unit. If a telephone number is required for the overnight package provide 512- 460-7948.

    Form W-8 BEN --Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding YES Route to Receipt and Control and notate RETURN TO TAXPAYER. (Taxpayers are not required to send this in to the IRS)
    Section 108(i) Election NO Leave attached

Unprocessable Conditions

  1. A return must contain the following specific items before it is considered processable. If they are not present and cannot be found on the return or its attachments, then edit CCC "U" to send case to Rejects. Rejects will research IDRS, to locate the information to make the return processable.

    • An Employer Identification Number (EIN), Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN) or Internal Revenue Service Number (IRSN). See IRM 3.21.261.18.3 and IRM 3.21.261.19.3 for additional information.

    • A legible name (for the Name Control).

    • A valid Tax Period (200512 and subsequent).

  2. Conditions which make a document unprocessable and will require Rejects to correspond with the taxpayer:

    • The name is so illegible or incomplete that the Name Control cannot be determined.

    • The EIN contains other than nine numeric characters and cannot be perfected from information on the return or attachments.

    • The document has more than one ElN.

    • The filer has stated that they have combined information for more than one tax period or more than one type of return.

    • Data entries are so incomplete or illegible that they cannot be perfected or transcribed.

    • The document has been mis-blocked.

    • The return is unsigned.

    • The return has only entity data and no other statements or attachments from the taxpayer.

    • Any condition set forth as unprocessable in the sections on processing specific documents.

  3. Correspond with the taxpayer for the required information using IDRS Letter 3104C when Form 8288 is numbered and unprocessable, plus edit CCC "U" . Complete Form 3696 with appropriate Letter 3104C paragraphs, then attach Form 3696 (Correspondence Action Sheet) to Form 8288 and continue editing (leave return in pack of work).

Pre-Master File Processing of Form 8288

  1. Numbered Form 8288: Reject any numbered Form 8288 return which has a Date of Transfer (DOT) of 12/12/2005 or prior.

    Rejection Action:

    1. Edit CCC "U."

    2. Prepare Form 4227, Intra-SC Reject or Routing Slip with the following reason in the remarks area; "NMF 8288 return DOT 12/12/2005 and prior" . Transship to Cincinnati Submission Processing Campus (CSPC) Non-Master File (NMF) Accounting, Stop 21 Team 104, and staple it to the face of the document.

    3. Continue editing the entire return, but do not enter Form 8288-A into the INTL WebApps.

      Note:

      Rejects or Unpostables will transship the return to CSPC.

  2. Unnumbered Form 8288: Transship all unnumbered Form 8288 returns with a Date of Transfer (DOT) of 12/12/2005 to CSPC NMF.

    Transshipping Action:

    1. Prepare Form 3210, Document Transmittal and write "NMF 8288 return DOT 12/12/2005 and prior" in the remarks section of the transmittal. Address the document transmittal to:

      Internal Revenue Service
      Attn: CSPC - NMF Section Stop 21 Team 104
      201 West Rivercenter Blvd.
      Covington, KY 41019

    2. Also, prepare Form 4227, Intra-SC Reject or Routing Slip with the following reason in the remarks area; "NMF 8288 return DOT 12/12/2005 and prior" and staple it to the face of the document.

♦Re-Entry Document Procedures♦

  1. A return posted to the wrong account or module or attempting to post must be reprocessed to post to the proper account or module.

  2. Some re-entry returns may have originally been filed electronically (E-File). These returns may be identified by the presence of Mod E-File printouts in lieu of the actual return. Do not correspond for missing signatures on these documents.

  3. Each re-entry return must have a Form 3893, Re-Entry Document Control, or Form 13596, Reprocessing Returns, attached.

    • Form 3893 is used to reinput documents that have not posted to an account or module.

    • Form 13596 is used to reprocess documents to the correct account or module that had previously posted to the wrong account or module.

  4. Always leave the Form 3893 or Form 13596 on the front of the return. It must remain as a permanent part of the document.

  5. Examine Form 3893 or Form 13596 to determine the action needed to make the return processable.

    Caution:

    If the IRS Received Date is two years and nine months or more after the Return Due Date, refer to Statute procedures before re-entering or reprocessing the return.

    If... Then...
    Form 3893 or 13596 is missing
    1. Edit CCC "U" on return.

    2. Route to Receipt and Control using Form 4227.

    3. Use local procedures for routing.

    Form 3893 or 13596 is attached Determine if the return was edited according to current processing instructions.

    Caution:

    If the Received Date is two years and nine months or more after the Return Due Date, refer to Statute procedures before re-entering or reprocessing the return.

  6. If additional information is needed to make the return processable, prepare Form 3696 or follow local correspondence procedures.

    1. Enter CCC "U" (Unprocessable) on the return.

    2. Forward Form 3696 to Typing and Suspense to issue letter and filing in the "Hold File" or follow local correspondence procedures.

♦Form 3893 - Re-Entry Document Control♦

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

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

  3. Circle the CCC "G" if present.

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

  5. Do not send Letter 1382C, Penalty Removal Request Incomplete, if a request for reasonable cause is attached

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

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

    Form 3893 Action Taken
    Box 14 (Remarks) Ensure that the information is edited to the return.
    Box 15 (Process as)
    1. Circle out any Green Rockered or green checked money amounts and edit marks that may indicate a receipt of remittance.

    2. Do not change any tax due amounts.

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

    If... Then...
    Improper perfection Edit the same correction in red to the appropriate area.
    Taxpayer error Leave the entries as shown on the document.
  9. A received date must be present on all Re-input returns:

    If... Then...
    Received date is not present Edit a received date on Form 8288, Line 2 bottom row on the right.
    Multiple received dates are present Circle out all but the earliest date.
  10. When additional information is still needed to make the return processable, prepare Form 3696(or other approved Correspondence Action Sheet) or Form 4227, Intra-SC Reject or Routing Slip, for the appropriate action (e.g., correspondence, research, etc.).

  11. When perfection is not possible, attach Form 4227 noting, "PERFECTION NOT POSSIBLE" and return to initiator.

♦Form 13596 - Reprocessing Returns♦

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

  2. Circle CCC "G" if present.

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

  4. Do not send Letter 1382C, Penalty Removal Request Incomplete, if a request for reasonable cause is attached, because this responsibility belongs to the customer service representative initiating the re-entry document.

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

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

    Form 13596 Action Taken
    TIN correction Edit correct TIN on return.
    Tax period correction Edit correct tax period ending on return.
    Reasonable Cause Edit appropriate computer condition code:
    1. Edit CCC "R" if the "FTF" box is checked.

    2. Edit CCC "D" if the "FTP" box is checked.

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

    If... Then...
    Improper perfection Edit the same correction in red/green (per local procedure) to the appropriate area.
    Taxpayer error Leave the entries as shown on the document.
  8. A received date must be present on all reprocessed returns:

    If... Then...
    Received date is not present Edit a received date on Form 8288, Line 2, bottom row on the right.
    Multiple received dates are present Circle out all but the earliest date.
  9. Circle out the Green Rocker or green check and edit marks that may indicate a receipt of remittance.

  10. When additional information is still needed to make the return processable prepare an approved Correspondence Action Sheet or Form 4227, Intra-SC Reject or Routing Slip, for the appropriate action (e.g., correspondence, research, etc.).

♦Received Date♦

  1. The date a document is received in the Campus or IRS Office is the date stamped as the "IRS Received Date."

  2. A Received Date is required on all Form 8288 returns. Use the chart below to perfect the received date.

    If... Then...
    The return is received within ≡ ≡ ≡ ≡ ≡ ≡ of the legal or extended due date ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . The return is considered timely.
    The due date falls on a weekend or legal holiday, The return is timely if postmarked by the first business day following the weekend or legal holiday.
    The IRS received date stamp ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ of the legal or extended due date and the postmark or shipment date is on or before the legal or extended due date. Edit the IRS Received Date to agree with the postmark date or shipment date.

    Note:

    The postmark or shipment date includes returns delivered by:

    • U.S. Postal Service,

    • Private Delivery Services, e.g., Federal Express Corporation (FedEx) or United Parcel Service (UPS), "designated" by the IRS. See IRM 3.10.72, Receiving, Extracting, and Sorting, for a list of designated private delivery services, or

    • Returns with a Foreign Postmark.

    Caution:

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

     

    Note:

    For certified mail only- If a postmark is not present, look for a "USPS.com Track & Confirm" record that has been attached to the return (should be before the envelope). Use the "Acceptance" date on the record to determine timeliness and follow normal editing procedures. If the "USPS.com Track & Confirm" record is not attached, no action is required.

  3. The IRS Received Date may or may not be stamped on the face of the return.

  4. A valid Received Date Stamp consists of the following :

    • The word "Received"

    • Month (alpha or numeric)

    • Day (for example 1 or 01)

    • Year - four digits

    • "Area Office" , Campus, "Field Office" , "Taxpayer Assistance (TAC)" Site plus the "City" location or a functional area within one of these sites (e.g. Compliance Services Collection Operations (CSCO), Examination, Image Control Team (ICT), Correspondence Imaging System (CIS), Accounts Management (AM), etc.)

      Exception:

      Not all IRS offices are designated places for filing, and not all IRS employees are authorized to accept a tax return for processing. If a return contains a received date stamp from other than a Taxpayer Assistance Center (TAC), Lockbox, or IRS campus (Compliance, Accounts Management (AM), or Submission Processing (SP)), circle out the invalid received date and edit the correct received date according to instructions below. For example, returns received by the Taxpayer Advocate Service (TAS) or the IRS Office of Chief Counsel are not properly filed and a received date by that office is not the IRS Received Date.

  5. If the IRS Received Date stamp is not present or the date is illegible or invalid, edit the Received Date in MMDDYYYY format in the middle of page one of the return. Edit the IRS Received Date according to the following priority. See Figure 3.21.261-1:

    Figure 3.21.261-1

    This is an Image: 39746001.gif
     

    Please click here for the text description of the image.

    1. The earliest legible Postmark Date (U.S. Postal Service, foreign postmark or Private Delivery Service) on the envelope. Rules for using the U.S. Postal Service Postmark (USPS) or foreign postmark date are as follows:

      If... Then...
      An envelope is not attached Use the postmark date stamped on the face of the return.
      A document was returned for insufficient postage, Use the postmark date that coincides with the correct delivery of the return.
      The postmark is missing and the envelope is certified, Look for the USPS.com Track & Confirm record that has been attached to the return (should be before the envelope). Use the Acceptance date on the record to determine timeliness and follow normal editing procedures.
      If the USPS.com Track & Confirm record is not attached, no action is required.
      An envelope has a USPS and private metered postmark Always use the USPS postmark.
      An envelope has a foreign and private metered postmark Always use the foreign postmark.
      An envelope has two private metered postmarks Use the latest private metered postmark.
      An envelope has only one private metered postmark Use the private metered postmark.
    2. Service Center Automated Mail Processing System (SCAMPS) digit date.

    3. Revenue Officer's signature date.

    4. Signature date (only if within current year).

    5. Julian control date minus 10 days.

    6. Current date minus 10 days.

  6. Edit the Received Date as follows:

    If Then
    A timely IRS Received Date is the only received date stamped on the return, No editing is required.
    Two or more dates stamped on the return.
    1. Use the earliest IRS Received Date stamped on the return.

    2. Circle out all other dates.

    Note:

    Received dates that have been circled out by another function should be treated as if they are not present.

    A Federal return is addressed to the IRS but delivered to a State agency, Use the Postmark Date as the IRS Received date.
    A Federal return is addressed to a State agency, Use the IRS Received Date stamp as the IRS Received Date.
    The only Received Date on the return is a TAS Received Date, Edit the IRS Received Date according to instructions.

    Reminder:

    If an envelope is attached to the return, check the envelope for remittance. If found, hand carry remittance to manager.

  7. If a return has been faxed to another area of the service and then sent to Submission Processing for processing, do not edit the Enterprise Electronic Fax (EEFax) Date as the IRS Received Date. Edit a Received Date according to normal procedures.

    Caution:

    The EEFax Date cannot legally be used as an IRS Received Date.

Computer Condition Codes (CCC) – Form 8288

  1. An entry is required in the CCC field. See paragraph (9) below.

  2. Only the following characters are valid: D, O, R, U, W, X, 3, 4 or 7.

  3. Edit the Computer Condition Code(s) in the Part I left margin of the last dotted line of Line 2 when editing Part I. Edit CCC in the Part II left margin of the last dotted line of Line 2 when editing Part II. See Exhibit 3.21.261-1 and Exhibit 3.21.261-2.

    Note:

    Use Computer Condition Codes (CCC) in lieu of Action Codes.

  4. CCC "D" is used when reasonable cause exists for waiver of the failure to pay penalty. However, C & E employees will not make this determination. If the taxpayer attaches correspondence with a reasonable cause explanation for failure to pay, then take the following steps:

    1. Detach the correspondence from the return.

    2. Forward the correspondence to Ogden Accounts Management (use local procedures).

    3. Prepare correspondence action sheet for IDRS Letter 1382C (use paragraphs "A" , "N" and "V" ).

    4. Continue processing the return.

    Note:

    Edit CCC "D" if the FTP box on Form 13596 is checked.

  5. Edit CCC "O" when there is an indication that a manual refund will be issued.

  6. CCC "R" is used on a delinquent return with reasonable cause. CCC "R" prevents the failure to file penalty to be assessed. However, C & E employees will not make this determination. If the taxpayer attaches correspondence with a reasonable cause explanation for failure to file, then take the following steps:

    1. Detach the correspondence from the return.

    2. Forward the correspondence to Philadelphia Accounts Management (use local procedures).

    3. Prepare correspondence action sheet for IDRS Letter 1382C (use paragraphs "A" , "N" and "V" ).

    4. Continue processing the return.

    Note:

    Edit CCC R if the FTF box on Form 13596 is checked.

    Exception:

    The Treasury Department and the IRS intend to issue regulations providing that with respect to any forms that were required to be filed, or amounts that were due, under section 1446(f) on or before May 31, 2018, no penalties or interest will be asserted if these forms are filed with, and such amounts are paid over to the IRS on or before May 31, 2018. Edit a CCC “R” if the return was filed and amounts paid on or before May 31, 2018.

  7. Edit CCC "U" (Unprocessable return) to reject unprocessable returns. If additional information is needed, use IDRS Letter 3104C.

  8. Edit CCC "W" when the return has been cleared by Statutes. See IRM 3.21.261.8.

  9. Always edit CCC "X" on Form 8288 returns. This will freeze all credits on the module and prevent erroneous systemic refunds from generating.

  10. Edit CCC "3" when there is no reply to correspondence. This bypasses the validation of the correspondence received date.

  11. Edit CCC "4" for IRS prepared returns under IRC § 6020(b).

  12. CCC "7" is used when denying the reasonable cause explanation for filing and paying late. However, C&E employees will not make this determination. This CCC will mainly be used by Accounts Management or Compliance employees when re-processing or re-inputting a return for processing, since they also have to issue IDRS Letter 854C.

    Caution:

    When using CCC "7," do not use CCC "D" or "R" .

Editing Form 8288

  1. Use the following instructions when editing the described fields in subsequent sections.

  2. "EXCEPTION:" For Section 1445(a) and 1445(e) withholding, the Transferee (buyer) is not required to withhold or mail in a Form 8288 or Form 8288-A, if any of the following applies:

    • "Purchase of a Residence for $300,000.00 or less."
      One or more individuals acquire a U.S. real property interest (USRPI) for use as a residence and the amount realized (sales price) is not more than $300,000. A USRPI is acquired for use as a residence if the transferee (buyer) or a member of the transferee's family has definite plans to reside in the property for at least 50 percent of the number of days the property is used by any person during each of the first two 12-month periods following the date of transfer. Do not consider the number of days the property will be vacant in making this determination.

      Reminder:

      This exception applies whether or not the transferor (seller) is an individual, partnership, trust, corporation, or other transferor.

      Caution:

      This exception does not apply if the actual transferee (buyer) is not an individual, even if the property is acquired for an individual.

    • "Transferor (seller) is not a Foreign Person."
      The transferee (buyer) receives a CERTIFICATION OF NONFOREIGN STATUS from the transferor (seller) signed under penalties of perjury stating that the transferor is not a foreign person and containing the transferor’s name, address, and identification number (social security number (SSN) or employer identification number (EIN).

      Caution:

      A disregarded entity may not certify that it is the transferor (seller) for U.S. tax purposes.

    • "Late Notice of False Certification."
      If, after the date of transfer, the transferee (buyer) is notified that the certification of non-foreign status is false, the transferee does not have to withhold on consideration paid before receiving the notice of False Certification.

      Caution:

      If possible, the transferee (buyer) must withhold 10% of the amount realized from any consideration that remains to be paid. The transferee must do this by withholding and paying over the entire amount of each successive payment of consideration until the full 10% has been withheld and paid to the IRS. These amounts must be reported and transmitted to the IRS by the 20th day following the date of each payment.

    • "Transferred property that is not a USRPI."

    • "Transferor’s (seller) nonrecognition of gain or loss."
      The transferee (buyer) receives a notice of "NONRECOGNITION OF GAIN OR LOSS" from the transferor signed under penalties of perjury stating that the transferor is not required to recognize gain or loss on the transfer because of a nonrecognition provision of the Internal Revenue Code (see Temporary Regulations section 1.897-6T(a)(2)) or a provision in a U.S. tax treaty.

      Note:

      No particular form is required for this notice. By the 20th day after the date of transfer, you must send a copy of the notice of nonrecognition (with a cover letter giving your name, address, and identification number) to the:
      Ogden Service Center
      P.O. Box 409101
      Ogden, UT 84409.

    • "Withholding Certificate issued by the IRS."
      The transferee (buyer) and/or transferor (seller) receive a withholding certificate from the IRS that excuses or exempts the transferor from withholding. The transferee is not required to file Form 8288 or Form 8288-A with the IRS.

    • "No Consideration Paid."
      The amount realized by the transferor (seller) is Zero.

      Example:

      The property is transferred as a gift and the recipient (transferee/buyer) does not assume any liabilities or furnish any other consideration to the transferor (seller).

    • "Property acquired by a governmental unit."
      The property is acquired by the United States, a U.S. state or possession or political subdivision, or the District of Columbia.

    • "Options to acquire USRPI."
      An amount is realized by the grantor on the grant or lapse of an option to acquire a USRPI.

      Caution:

      Withholding is required on the sale, exchange, or exercise of an option.

  3. "EXCEPTION:" For Section 1446(f) withholding, the Transferee (buyer) is not required to withhold or mail in a Form 8288 or Form 8288-A, if any of the following applies:

    Note:

    Information contained in the bullets below, may refer to “Notice 2018-29” issued by Chief Counsel on April 2, 2018.

    • "Transferor (seller) is not a Foreign Person."
      The transferee (buyer) receives a CERTIFICATION OF NONFOREIGN STATUS from the transferor (seller) signed under penalties of perjury stating that the transferor is not a foreign person and containing the transferor’s name, address, and identification number (social security number (SSN) or employer identification number (EIN).

      Caution:

      A disregarded entity may not certify that it is the transferor (seller) for U.S. tax purposes.

    • "Transferee Receives a Certification of No Realized Gain"
      The Treasury Department and the IRS intend to issue regulations providing that, if the transferee receives a certification, issued by the transferor (signed under penalties of perjury and including a U.S. TIN, to the extent required under section 4.01 of “Notice 2018-29”), stating that the transfer of its partnership interest will not result in realized gain, a transferee may generally rely on the certification and be relieved from liability for withholding under section 1446(f). The transferee may not rely on the certification and is not relieved from withholding if it has knowledge that the certification is false under the principles of §1.1445-2(b)(4). Pending the issuance of other guidance, the transferor should not submit to the IRS Form 8288-B for this purpose. If gain is realized in a transfer but not recognized as a result of a nonrecognition provision, the transferee cannot apply this rule. In this circumstance, see "Nonrecognition Transactions" , below.

    • "Transferee Receives a Certification that Transferor Had Less than 25 Percent Effectively Connected Taxable Income in Three Prior Taxable Years"
      The Treasury Department and the IRS intend to issue regulations providing that no withholding is required under section 1446(f)(1) upon the transfer of a partnership interest if no earlier than 30 days before the transfer the transferee receives from the transferor a certification (signed under penalties of perjury and including a U.S. TIN, to the extent required under section 4.01 of “Notice 2018-29”) that for the transferor’s immediately prior taxable year and the two taxable years that precede it the transferor was a partner in the partnership for the entirety of each of those years, and that the transferor’s allocable share of effectively connected taxable income (ECTI) (as determined under §1.1446-2) for each of those taxable years was less than 25 percent of the transferor’s total distributive share of income for that year. For this purpose, the transferor’s immediately prior taxable year is the most recent taxable year of the transferor that includes the partnership taxable year that ends with or within the transferor’s taxable year and for which both a Form 8805, Foreign Partner's Information Statement of Section 1446 Withholding Tax, and a Schedule K-1 (Form 1065) were due (including extensions) or filed (if earlier) by the time of the transfer. In no event may a transferee rely on a certification provided prior to the transferor’s receipt of the relevant Forms 8805 and Schedules K-1 (Form 1065). For purposes of this rule, a transferor that had a distributive share of deductions and expenses attributable to the partnership’s U.S. trade or business but no ECTI allocated to it in a year must treat its allocable share of ECTI for that year as zero. A transferor that did not have a distributive share of income in any of its three immediately prior taxable years during which the partnership had effectively connected income cannot provide this certification. A transferee may not rely on the certification and is not relieved from withholding if it has actual knowledge that the certification is false. When a partnership is a transferee by reason of making a distribution, this section does not apply.

    • "Transferee Receives a Certification from Partnership of Less than 25 Percent Effectively Connected Gain Under Section 864(c)(8)"
      The Treasury Department and the IRS intend to issue regulations providing that no withholding is required under section 1446(f)(1) upon the transfer of a partnership interest if the transferee is provided a certification, issued by the partnership and signed under penalties of perjury no earlier than 30 days before the transfer, certifying that if the partnership had sold all of its assets at their fair market value, the amount of gain that would have been effectively connected with the conduct of a trade or business within the United States would be less than 25 percent of the total gain. For purposes of this section, effectively connected gain includes gain treated as effectively connected with a trade or business in the United States under section 897. Principles similar to the rules of §1.1445-11T(d)(2)(ii) and (iii) apply to certifications furnished pursuant to this section. When a partnership is a transferee by reason of making a distribution, the transferee partnership must retain a record of the documentation relied upon to determine the amount of gain (if any), and the portion of the gain that would have been effectively connected with the conduct of a trade or business in the United States (if any). This documentation must be retained for the period described in section 4.04 of “Notice 2018-29”.

    • "Nonrecognition Transactions"
      The Treasury Department and the IRS intend to issue regulations providing that no withholding is required under section 1446(f)(1) upon the transfer of a partnership interest if the transferee receives from the transferor a notice that satisfies the requirements of §1.1445-2(d)(2), treating references to section 1445(a) as references to section 1446(f), and references to “U.S. real property interest” as “partnership interest”, except as provided in this section 6.05. A transferee should not mail a copy of the transferor’s notice to the IRS as described in §1.1445-2(d)(2)(i)(B). The Treasury Department and the IRS are studying the appropriate treatment of nonrecognition transactions under section 864(c)(8). Until guidance providing for the treatment of nonrecognition transactions under section 864(c)(8) is issued, a transfer in which the transferor is not required to recognize any gain or loss by reason of a nonrecognition provision of the Code (without regard to section 864(c)(8)) will be eligible for the exception from withholding provided in this section. When a partnership is a transferee by reason of making a distribution in which no gain is recognized, the transferee partnership is not required to withhold and the transferor is not required to provide a notice to the transferee partnership.

  4. If the transferee (buyer) files a Form 8288 and Form 8288-A and discloses to the IRS that no withholding is required because they meet one of the filing "Exceptions" mentioned in IRM 3.21.261.18 paragraphs 2 or 3, then take the following action:

    1. Pull the document (Form 8288 or Form 8288-A) from the batch.

    2. Is the document numbered?
      YES! If the document is numbered, have the DLN cancelled. Line through the cancelled DLN in red. Make sure the DLN is removed from the Service Center Control File (SCCF).
      NO! Go to the next step.

    3. Take the document and place a red "X" on the entire page, including any Form 8288-A's or attached correspondence. Destroy the document by following your local "Classified Waste" procedures.

      Reminder:

      Never enter the Form 8288-A's in the INTL WebApps Database nor correspond for any missing information, specifically a TIN number.

Dates

  1. Use the following formats when editing dates:

    • MMDDYYYY for Received Dates

    • MMDDYYYY for Date Of Transfer (DOT)

    • YYYYMM for Tax Periods

  2. The month value edited must be in the range 01-12.

  3. The day value edited must be in the range 01-31.

  4. Always edit the tax period.

    Example:

    200812, 200901,200909, etc.

    Note:

    Transcription under this program is permitted ONLY for those Form 8288 returns containing a "Date Of Transfer (line 3)" of December 13, 2005, and subsequent.

    See IRM 3.21.261.19.1 and IRM 3.21.261.19.8 (9).

Entity Perfection - Name Control - Line 1

  1. The name control consists of the first four characters of the transferees (buyers) last name, or the first four characters of the business entity name.

    1. Valid characters are alpha, numeric, ampersand (&), hyphen (-) and blank. However, blanks are only valid in the last three positions. Blanks are valid only at the end of the name control.

    2. Disregard the word "THE" in the Name Control only when followed by more than one word.

      Note:

      If an individual and a trade name are present and it can be determined that the trade name is for a corporation or partnership, follow the Name Control procedures for corporations or partnerships. If other than a corporation or partnership, follow the Name Control procedures for individuals, regardless of which line the individuals owner’s name is listed.

      Example:

      The business name is The Green Parrot, underline the name control "Gree" . However, if the business entity name is The Flamingo, underline the name control "TheF" because the word "THE" was followed by one word and not more than one word.

      Reminder:

      Refer to the Name Control Job Aid, Document 7071,Name Control Job Aid for Individual Master File (IMF) Taxpayers and Document 7071A,BMF Name Control Job Aid - For Use Outside of the Entry Area for further guidance.

  2. All Name Controls are to be underlined.

  3. Edit the Name Control as follows:

    If... And... Then...
    The entity is not on an IRS label   Underline the Name Control.
    A second name is present and begins with "FKA" (formerly known as),   Continue editing the return.
    A second name is present and begins with "AKA" (also known as) or "DBA" (doing business as), etc.,   Circle the abbreviations.
    Unable to determine the Name Control, Unnumbered
    1. Research IDRS.

    2. If found, edit to the proper location.

    3. If not found, route to Entity Control following local procedures.

    Unable to determine the Name Control, Numbered
    1. Edit CCC "U"

    2. Prepare Form 4227 addressed to Entity Control Unit (ECU). Route to ECU.

  4. If the incorrect transferee (buyer) appears on Form 8288 Line 1 (e.g. Title Company) but the Form 8288-A or settlement agreement (if attached) contains the correct transferee, then edit the correct transferee name and TIN to Form 8288 Line 1. In addition, edit the Form 8288-A withholding agent box with the correct transferee information, including the transferee address, and enter or update the 8288-A record in the INTL WebApps with the correct transferee (buyer) information.

    Note:

    Research IDRS to see if the payment posted to the title company EIN account. If it did, then photocopy Form 8288 and any pertinent attachment. Prepare Form 3465 and staple it to the photocopied documents. Write on Form 3465 instructions for Philadelphia Accounts Management Campus (PAMC) to transfer the FIRPTA payment from the title company account, to the actual transferee (buyer) TIN account.

    Caution:

    To prevent disclosure of Personally Identifiable Information (PII), the withholding agent's SSN must be redacted prior to mailing copy B. No redaction of EIN is required.

Taxpayer Identifying Numbers

  1. Entries in this field may be either,

    • Employer Identification Number (EIN) (entered in NN-NNNNNNN format).

    • Social Security Number (SSN) (entered in NNN-NN-NNNN format).

    • Individual Taxpayer Identification Number (ITIN) (entered in 9NN-NN-NNNN format with fourth and fifth digit middle numbers ranging in between 70-88, 90-92, 94-99)

    • Internal Revenue Service Number (IRSN) (entered in 9NN-NN-NNNN* format with valid fourth and fifth digit ranges of 02, 04, 05, 06, 07, 08, 09, 10, 17, 18, 19, 28, 29, 37, 38, 39, 49, and 89; (e.g., 9NN-05–NNNN* (PSPC) 9NN-04–NNNN* (OSPC)).

      Note:

      For an IRSN to be valid the TIN in fourth and fifth positions need to include "01" , "03" , "11" , "16" , "40" .

    Reminder:

    Route the return to the BMF Entity unit on a Form 4227 if it doesn't have an SSN, ITIN or IRSN on Line 1, so Entity can establish the entity with TC 000. In the remarks area write: "Please establish the SSN, ITIN or IRSN number on the BMF via TC 000 for MFT 17." If TC 000 has been edited on the return (orange ink), then it has already been established.

  2. The valid characters are Numeric (0-9).

  3. Form 8288 Only: When the entered TIN is an SSN, ITIN or IRSN, then a TIN Type indicator of "0" must be edited immediately to the right of the TIN. If the TIN entered is an EIN, the TIN Type field is to be left "blank" .

  4. If more than one TIN is entered in a field, then research the first TIN using IDRS to make sure it matches the name, and:

    1. Edit or perfect the first TIN entered, and

    2. Circle out the second or subsequent TIN(s) and the name(s) associated to the second or subsequent TIN.

      Note:

      If both an SSN and EIN are present, use the SSN and the individuals entity name associated with the SSN for transcription, unless the entity name is a business name, then use the EIN. Depending on the TIN you select, circle out the other TIN and name associated with it.

  5. Be sure to edit the correct TIN Type indicator after each TIN. See IRM 3.21.261.19.3.1.

  6. If multiple TINs are listed on Form 8288 Line 1 because of multiple transferees (buyers) also being listed, then research the first TIN on IDRS to identify the correct TIN for the first listed transferee. Subsequently, circle out the TINs and the names pertaining to the other transferees, leaving only the TIN number and name pertaining to the first listed transferee.

    Example:

    Gwen Gnu Advertising, Mildred Puma and Jeremiah Serval with TINs 000-00-5226, 900-00-0002, 00-5236855. IDRS research shows 00-5236855 belongs to Gwen, therefore circle out 000-00-5226 and 900-00-0002, and circle out Mildred Puma and Jeremiah Serval.

  7. An SSN with a "V" at the end is BMF and not IMF. In order to reduce the number of Unpostables, C&E FIRPTA employees will need to research IDRS to see if the "V" tape is established. If the "V" is not established, route the return to Entity.

♦Entity Perfection - "In Care of" Name♦ Line 1

  1. An "in-care-of" name can be identified by the words "in care of" or the symbols "c/o" or "%" (percent).

  2. Ensure the "in-care-of" name is located above the street address.

    If... Then...
    The "in-care-of" name is located on the street address line preceding the street address No editing is required.
    The "in-care-of" name is located below the street address
    1. Arrow the "in-care-of" name above the street address.

    2. Continue editing the return.

    The "in-care-of" name is shown on an attachment Edit the "in-care-of" name above the street address in the first position.
    The street address of the "in-care-of" name is different from the street address of the Transferee (buyer)
    1. Arrow the "in-care-of" street address below the "in-care-of" name or edit the in-care-of street address below the "in-care-of" name if located on an attachment.

    2. Circle the transferee (buyer) street address.

    3. Continue editing the return.

    Note:

    Always circle out the "in-care-of" symbol (% or c/o) if it is present with an address. Do not use the ampersand (&) and the percent sign (%) when editing address information.

  3. A change in the "in-care-of" name can be determined by any of the following:

    • A check mark in the "Name Change" box, or

    • A check mark in the "Address Change" box, or

    • An indication that the "in-care-of" name is changed (i.e., the taxpayer crossed out the original "in-care-of" name and added the new name or has entered a new "in-care-of" name in brackets).

    If... Then...
    An "in-care-of" name is changed but there is no indication of an address change,
    1. Edit the in-care-of name as shown above.

    2. Continue editing the return.

    An "in-care-of" name is present and there is an indication of an Address Change,
    1. Edit the in-care-of name as shown above.

    2. Correct the address.

    3. Continue editing the return.

♦General Address Perfection♦

  1. Both domestic (U.S.) and foreign addresses should include:

    • The street number

    • The street name

    • Any appropriate room or suite designation (i.e., "Suite 2000" )

    • The City, State, and Zip Code (for domestic addresses)

    • If a foreign address, see IRM 3.21.261.18.7 (6).

  2. When editing either the mailing or location address information, remember the following guidelines:

    1. Ensure that a house or building number is present. Do not accept a building name in place of the numeric designation. Research for the correct address.

    2. Always edit the suite, apartment number, room number, etc. at the end of the street address line.

    3. If present, always edit the street suffix, such as street, drive, lane, terrace, etc.

    4. If present always edit the directional information, such as North, South, East, West, etc.

      Note:

      Use the appropriate abbreviations when necessary. See Document 7475 (State and Address Abbreviations, Major City Codes (MCCs), ZIP Codes and Countries)

      .

    5. If after research a street address or PO Box is not found, edit the word "Local" on the street address line.

      Note:

      This should only occur in very small towns.

♦Entity Perfection - Domestic Addresses♦ Line 1

  1. Perfection of the address is necessary when the mailing address (Street or P.O. Box) is not easily identified.

    Exception:

    Do not perfect the address on amended returns (CCC "G" ).

  2. A business may have two addresses. One is the mailing address and the other is the location address or physical location of the business.

  3. The procedures for perfection of an address are as follows:

    If... And... Then...
    The address contains information of a street address or P.O. Box   No perfection is necessary, ISRP will enter the complete address.
    There is an indication on an attachment that the address has been changed   Edit the new address in the Entity section of the return.
    Form 8822, Change of Address, or Form 8822-B, Change of Address or Responsible Party- Business, is attached All of the following applies:
    • Mailing address information is the same,

    • No location address is listed on Form 8822 or Form 8822-B, Line 7,

    • No entry on Form 8822-B, Lines 8 or 9,

    Take no action
    Form 8822, Change of Address, or Form 8822-B, Change of Address or Responsible Party- Business, is attached Any of the following applies:
    • Mailing address information is different,

    • Location address is listed on Form 8822 or Form 8822-B, Line 7,

    • An entry is listed on Form 8822-B, Lines 8 or 9,

    Detach Form 8822/Form 8822-B and route to Entity Control following local procedures using Form 13934, Entity Document/C&E Merge Transmittal.
    Both a P.O. Box and a street address are shown  
    1. Circle out the P.O. Box.

    2. Underline the street address.

    Two street addresses are shown  
    1. Circle out the first street address.

    2. Underline the second street address.

    One street address is shown The taxpayer changed the address to a P.O. Box
    1. Circle out the street address.

    2. Underline the P. O. Box.

    The city and state are not shown on the return but are shown on an attachment,   Edit the city and state in the Entity section of the return.
    The ZIP Code is missing or illegible,   See Document 7475, State and Address Abbreviations, Major City codes (MCCs), ZIP Codes and Countries to determine the ZIP Code.

    Note:

    Edit the three digits followed by "01" of the first zip code listed for the applicable state (e.g., "99501" for Alaska).

    Only the first three digits of the ZIP Code can be determined,   Edit "01" for the fourth and fifth digits.
    The National Change of Address (NCOA) label is present,   Underline the Name Control.
    It is necessary to edit the street address   See Document 7475, State and Address Abbreviations, Major City Codes (MCC), ZIP Codes and Countries, for current Address/Street Abbreviations.

    Note:

    Always circle out the "in-care-of" symbol ("c/o" or "%" ) if it is present with an address. Do not use the ampersand (&) and the percent symbol (%) when editing address information.

  4. The U.S. Postal Service established new address requirements for Army Post Office (APO), Fleet Post Office (FPO), Diplomatic Post Office (DPO) addresses. If the old address appears (i.e., APO New York, NY 091XX), convert to the new state code abbreviation based on the ZIP Code (i.e., the previous example would be converted to APO AE 091XX). APO/DPO/FPO addresses are considered domestic addresses. Refer to conversion chart below:

    ZIP Code Address
    340 AA
    090-098 AE
    962-966 AP

♦Entity Perfection of Foreign Address♦

  1. This is a 35-character field. Valid characters are alpha (a-z) and numeric (0-9).

  2. A foreign (international) address is any address that is not in the 50 states, the District of Columbia or any of the U.S. Possessions.

  3. Returns with Army Post Office (APO)/Diplomatic Post Office (DPO)/Fleet Post Office (FPO) addresses are considered domestic addresses. See IRM 3.21.261.18.6, Entity Perfection - Domestic Address.

  4. Route returns with a foreign address to Ogden Submission Processing Campus (OSPC) for processing. Prepare Letter 86C, Referring Taxpayer Inquiry/Forms to Another Office, to inform the taxpayer that the return has been sent to OSPC.

  5. Returns with addresses in the following U.S. Possessions are considered foreign addresses for processing purposes but are edited in the same way as domestic addresses.

    1. A two-character alpha code must be edited on Line 1 row 3 for the possession name.

      U.S. Possession Abbreviation
      American Samoa AS
      Federated States of Micronesia FM
      Guam GU
      Marshall Islands MH
      Northern Mariana Islands MP
      Palau PW
      Puerto Rico PR
      Virgin Islands (U.S.) VI
    2. A ZIP Code must be present. Edit the appropriate ZIP Code if one is not provided.

  6. All other foreign addresses are edited the same as a domestic address with the following exceptions:

    1. The foreign country must be the last entry in the address.

    2. Circle out the foreign country and edit the country code preceded by a "/" and followed by "/$" (e.g. "/GM/$" is edited for Germany). See Document 7475, State and Addresses Abbreviations, Major City Codes (MCC), ZIP Codes and Countries, for official foreign Country Codes.

    3. A unique country code will be edited for returns filed with an address in Canada. See IRM 3.21.261.18.7.1Foreign Address - Canada Only.

      Note:

      Coding and Editing BMF Tax Returns, Foreign Addresses Job Aid (Number 2324–002) provides examples for editing foreign addresses.

    4. If the foreign address is from Australia, Brazil, Cuba, Italy, Mexico or The Netherlands, check if the address contains a province, state or territory name.

      Note:

      There may be other countries with provinces, states, and territories not listed above, see Coding and Editing BMF Tax Returns, Foreign Addresses Job Aid (Number 2324-002) for additional information.

      If... Then...
      A province, state or territory name is present,
      1. Circle out province, state or territory name.

      2. Edit the appropriate abbreviation. See Exhibit 3.21.261-13 Province, Foreign State, and Territory Abbreviations

      A province, state or territory name is not present Continue editing the return.
      Province, state or territory is shown in abbreviated format, Continue editing the return.
    5. A ZIP code is not required on a foreign address. Foreign addresses use a postal code that is entered before the foreign country and is part of the address.

♦Country Code – Canada♦
  1. To assist Compliance with workload assignment, returns filed with an address in Canada will be edited using a unique country code based on the province.

    If... Then...
    The foreign address contains a Canadian province/territory name or abbreviation, or postal code beginning letter shown in the table below,
    1. See table below to ensure the correct Canadian Province/Territory abbreviation is present or edited to the return.

    2. Circle the country name.

    3. Edit the appropriate country code based on the province/territory preceded by a "/" and followed by a "/$" as the last entry in the address.

    The foreign address does not contain a Canadian province/territory name shown on the table below,
    1. Circle the country name.

    2. Edit the country code "/CA/$" as the last entry in the address.

    Figure 3.21.261-2

    Canadian Province/Territory Province Abbreviation Postal Codes beginning Country Code
    Alberta AB T XA
    British Columbia BC V XB
    Manitoba MB R XM
    New Brunswick NB E XN
    Newfoundland and Labrador NL A XL
    Northwest Territories NT X XT
    Nova Scotia NS B XS
    Nunavut NU X XV
    Ontario ON K, L, M, N, or P XO
    Prince Edward Island PE C XP
    Quebec QC G, H, I XQ
    Saskatchewan SK S XW
    Yukon YT Y XY

City

  1. This is a 22-position field for which an entry must be present.

  2. The valid characters are, alpha (a-z).

  3. Research the ZIP Code directory to determine the city and/or state if:

    • The address is a U.S. address.

    • The city and/or state is missing or incomplete.

  4. If the address is a foreign address which includes a Province designation.

    1. Circle out the name of the province.

    2. Edit the two-position alpha abbreviation at the end of the city field.

    3. A two-position alpha code must be present for Canadian addresses.

State

  1. A state must be present for all U.S. addresses.

  2. Valid characters are alpha (a-z.).

  3. If the State name is spelled out, do not edit the two-digit state code. ISRP will enter the two-digit state code.

  4. If the address is a foreign address ISRP will automatically enter a period blank in the state field.

    Note:

    If an entry, other than a state or province is present in the state field, then arrow it to its proper placement. If undetermined, circle it out.

  5. When the State is missing or illegible, research attachments and/or ZIP Code directory, if not found research IDRS.

    Note:

    See Document 7475.

ZIP Code

  1. These are 12-position fields for which entries must be present for U.S. addresses.

  2. The valid characters are alpha (a-z) and numeric (0-9).

  3. The U.S. ZIP Code must contain at least five (5) and may contain up to twelve (12) characters.

  4. If the address is a U.S. address and the ZIP Code is missing or incomplete,

    1. Research the ZIP Code Directory.

    2. Edit the correct ZIP Code.

  5. A foreign postal code may include both alpha and numeric characters. See Job Aid 2324-002 for proper placement.

  6. U. S. and Australian addresses must include Numeric Postal Codes.

    Figure 3.21.261-3

    State Territory Postal Codes
    New South Wales and A.C.T. 2000–2999
    Victoria 3000–3999
    Queensland 4000–4999
    South Australia 5000–5799
    Western Australia 6000–6799
    Tasmania 7000–7499
    Northern Territory 0800–0899

Amounts

  1. These are 12-position fields for which entries may or may not be present.

  2. Valid characters are numeric (0-9) or blank.

  3. Entries must be zero ("0" ), or a significant entry. No negatives are allowed.

  4. Entries are to be transcribed in dollars and cents.

♦Foreign Currency♦
  1. For returns completed in other than U.S. currency, process as filed. However, if corresponding for missing/incomplete item(s), include in the letter to resubmit in U.S. currency.

Processing Form 8288, U.S. Withholding Tax Return for Dispositions by Foreign Persons of U.S. Real Property Interests

  1. The following subsections are to be used in the editing of Form 8288.

  2. Form 8288 is a one-page income tax return. It is also considered the transmittal page to Form 8288-A.

  3. See IRM 3.21.261.1.

Editing the Tax Period for Form 8288

  1. The tax period for a Form 8288 is based on the Month and Year of the Date of Transfer, found on Line 3 (Part I or Part II). Therefore, if the Date of Transfer is 07/05/2013, then the tax period will be 201307. See IRM 3.21.261.19.8 (6).

  2. Edit the appropriate tax period in accordance to the Date of Transfer.Editing is required on EVERY RETURN.

    Caution:

    When processing Form 8288 deposits the "Date of Transfer" is used to determine the tax period, as well as distinguish a NMF Form 8288 from a BMF Form 8288. Review Form 8288 for a possible withholding certificate. When a withholding certificate is attached, edit the Withholding Certificate notice date to Line 3 (Part I or II) of Form 8288. This edited Date of Transfer will be the new date used for the tax period, as well as the new Date of Transfer.

    Reminder:

    The same transferee (buyer) withholding agent may file one or more Form 8288 in a month, or in every month of the year.

  3. The initial tax period being processed to the BMF under MFT 17 is tax period ending 12/31/2005. This tax period will be valid for any Form 8288 reflecting a Date of Transfer of 12/13/2005, or subsequent.

    Caution:

    Form 8288 is due to the IRS by the 20th day after the date of transfer, or, by the 20th day after the date on the withholding certificate, whether it is approved or denied.

  4. Edit the tax period in "YYYYMM" format on Form 8288, and to the right of the form title. See Figure 3.21.261-4.

    Figure 3.21.261-4

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    Please click here for the text description of the image.

  5. A tax period should end on the last day of a month except, unless otherwise specified.

    Note:

    Ignore a minor discrepancy such as October 30, instead of October 31.

  6. Form 8288 is a withholding tax return filed by the transferee (buyer) when a USRPI is purchased from a foreigner. As a result of this uniqueness in processing, there will never be Filing Requirements appearing on INOLE for Form 8288, MFT 17.

  7. For additional instructions see IRM 3.21.261.18.1.

Editing the PART NUMBER

  1. The transferee (buyer) is required to complete Form 8288 and Form 8288-A after the USRPI transfer has taken place. This requires the transferee to complete either Part I or Part II of Form 8288. The Part number can be found above Line 1 of the part completed by the transferee. The editing of this field has an impact on the tax calculation.

    Note:

    Taxpayers are only to complete either Part I or Part II of Form 8288. In the event that both parts are completed, the default part to edit for transcription is Part I. "X" out Part II, and if necessary, transfer amounts from Part II to Part I.

  2. If Part I is completed, then edit a "1" in the outside left margin next to the Part I box. See Figure 3.21.261-5a. Also, edit CCC "X" . See IRM 3.21.261.17 (3).

    Note:

    The "1" indicates to the computer that an amount realized should be present on Line 5b Part I for the computer to calculate the 10 percent withholding tax on the amount realized.

  3. If Part II is completed, then edit a "2" in the outside left margin on the middle of the page next to the Part II box. See Figure 3.21.261-5b. Also, edit CCC "X" . See IRM 3.21.261.17 (3).

    Note:

    The "2" indicates to the computer to look at Line 5c in Part II for the amount subject to withholding. The computer will systemically calculate the Withholding (W/H) tax at 21 percent (35 percent for dispositions prior to January 1, 2018) on the amount on Line 5c.

    Figure 3.21.261-5a

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    Figure 3.21.261-5b

    This is an Image: 39746007.gif
     

    Please click here for the text description of the image.

Taxpayer Identifying Number (TIN) -- end of Line 1

  1. A nine-character Taxpayer Identifying Number (TIN) must be included on Line 1 of all Form 8288 submitted for processing.

    Reminder:

    If Form 8288 end of Line 1 is an SSN, ITIN or IRSN number, then a TC 000 must be input by the BMF Entity Control Unit to establish the TIN on the BMF. If this action was completed, then the return will be edited with either a "TC 000," a "V" or "W" in orange ink at the end of the TIN, or the IRSN number written in orange ink on end of Line 1b. If any of these indicators are present, then do not route the return to the ECU. Otherwise, edit CCC "U" and forward to Entity to establish the TIN on the BMF.

  2. The valid characters are numeric (0-9).

  3. The TIN may be either:

    • An Employer Identification Number (EIN)

    • A Social Security Number (SSN), or

    • An Individual Taxpayer Identification Number (ITIN)

    • or, an Internal Revenue Service Number (IRSN)

    See IRM 3.21.261.18.3

    Note:

    Generally, the deposit activity area would have resolved most of the TIN issues in order to process the withholding tax payment.

  4. Check attachments and/or initiate research if the Taxpayer Identifying Number (TIN) provided is other than nine digits, missing, invalid, or indeterminate.

  5. Circle out an invalid or illegible TIN.

  6. If "pending" , "applied for" , etc. is indicated in the TIN area, research for the TIN.

  7. If no TIN is found, edit CCC "U" and forward to Entity for research.

    Reminder:

    Attach Form 4227 requesting assignment of a TIN, route to Entity and leave it in the pack.

  8. If multiple TINs are listed on Form 8288 Line 1 because of multiple transferees (buyers) also being listed, then research the first TIN on IDRS to identify the correct TIN for the first listed transferee. Subsequently, circle out the TINs pertaining to the other transferees, leaving only the TIN number pertaining to the first listed transferee. Do not circle out or underline the remaining transferees’ names.

    Example:

    Gwen Gnu Advertising, Mildred Puma and Jeremiah Serval with TINs 000-00-5226, 900-00-0002, 00-5236855. IDRS research shows 00-5236855 belongs to Gwen, therefore circle out 000-00-5226 and 900-00-0002

Taxpayer Identifying Number Type, end of Line 1 (TIN TYPE)
  1. This is a one-position field which must be edited if the Filer's TIN is an SSN, IRSN or an ITIN.

  2. Valid characters are "0" (zero) and "blank" .

    Figure 3.21.261-6

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    Please click here for the text description of the image.

  3. If the TIN entered on Line 1 is either an SSN, IRSN or an ITIN (NNN-NN-NNNN format), edit a "0" (zero) in the far right corner of the TIN field. (Figure 3.21.261-6).

    Note:

    The SSN that appears on Line 1 of Form 8288 must be the full SSN. However, the SSN that appears in the withholding agent box on Form 8288-A can be masked for security purposes. If masked on the Form 8288-A, the SSN will appear in the following format NNN-NN-_ _ _ _ so only the last 4-digits are present on the Form 8288-A. This does not apply to an ITIN, IRSN or EIN number.

  4. If the TIN entered on Line 1 is an EIN (NN-NNNNNNN format), no editing is required.

Name Control -- Line 1, Row 1

  1. For filers other than individuals, the name control consists of the first four characters of the filer's (corporation, partnership, trust, etc.) name. See IRM 3.21.261.18.2 and Name Control Job Aid Document 7071 (IMF) or Document 7071A (BMF).

    Note:

    A Japanese Corporation is known as a "Kabushiki Kaisha" and should be moved to the end of the Corporation name if present at the beginning of the name line.

  2. For individuals, the name control consists of the first four letters of the filers LAST name.

  3. Valid characters are:

    • Alpha (a-z).

    • Numeric (0-9).

    • Blanks are valid only at the end of the name control.

  4. Do not include THE in the name control when "THE" is followed by more than one word.

  5. Underline the name control.

    If... Then...
    Multiple Transferees (buyers) are listed on Form 8288 Line 1 Research IDRS and underline first name control that matches the first TIN and circle out the other transferees (buyers) information that is not being used.

Transferee (buyer) Address -- Line 1 (row 2 and 3)

  1. Address information for the Transferee (buyer) is provided on Line 1.

  2. Research return attachments to complete or perfect the information provided by the filer if it is incomplete or illegible. Valid characters are alpha (a-z) and numeric (0-9).

  3. Refer to the following subsections to perfect the address.

    See IRM 3.21.261.18.4
    See IRM 3.21.261.18.5
    See IRM 3.21.261.18.6
    See IRM 3.21.261.18.7

Transferee (buyer)Telephone Number-- Line 1 (row 3)

  1. This is a 10-position field for which an entry may or may not be present.

  2. Valid characters are, "Numeric 0-9" , and "blank."

  3. If present, underline the complete telephone number (include area code). A toll free number is considered a valid number to underline.

    Note:

    If the telephone number is incomplete, do not underline it.

    Exception:

    Do not underline a foreign international telephone number, which appears in a format other than (NNN-NNN-NNNN).

    Reminder:

    Whenever any information is missing on Form 8288 or Form 8288-A, and a valid telephone number is present, call the taxpayer for the information in lieu of corresponding for the information.

Property Description (USRPI) -- Line 2

  1. This is a 35-position field (including blank spaces) for which an entry must be present.

  2. Valid characters are Alpha (a-z), Numeric (0-9), Hyphen (-) and Slash (/).

  3. Underline the description of the USRPI appearing on Line 2. The description of the USRPI should appear in the format of a street address. Do not include the City, State and ZIP Code. See Figure 3.21.261-7.

    Example:

    2920 Cedar Blvd

    Example:

    Timeshare weeks 18-20, circle out 18-20 and edit and underline 18 19 20 so ISRP can transcribe "Timeshare 18 19 20" .

    Note:

    If the property description is not present look at the attached Form 8288-A, or the copy of the withholding certificate (if any) for property description and edit from attachments. The property descriptions must match on Form 8288 and Forms 8288-A.

    Caution:

    Do not edit "Kabushiki Kaisha" (KK) if it appears as part of the property description, unless there is no other description available. KK is the Japanese word for "Corporation."

    Figure 3.21.261-7

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    Please click here for the text description of the image.

    If Then
    The property description is too lengthy Underline the complete street address.
    The property description is not present on Form 8288, Line 2, Edit the property description from the attached Form 8288-A (Box 5) or attachments.
    The property description is no where to be found on Form 8288 or Form 8288-A, Research other attachments, e.g., settlement statement, withholding certificate. If still unable to make a determination, see "Reminder." in IRM 3.21.261.19.6. Correspond (IDRS Letter 3104C) with the transferee (buyer) for the information.
    1. Prepare correspondence action sheet 3104C.

    2. Edit CCC "U" .

    No street address is present for the property description, but a technical description is present (e.g. Lot 52 of parcel 2534 in mahogany county) Underline the technical description on Line 2 (at least 35 characters).

    Example:

    Lot 52 of parcel 2534 in Mahogany CO

    Note:

    A space and punctuations count as characters.

    The only thing present for the property description is the name of the county where the property is located, Underline the county information of the property location on Line 2.

Date of Transfer (DOT) -- Line 3

  1. This is an eight-position field for which an entry must be present.

  2. Valid characters are Numeric 0-9.

  3. Edit in MMDDYYYY format. Editing is required on EVERY RETURN.

    Note:

    If the DOT on Line 3 is not in MMDDYYYY format, then circle out the incorrect DOT format and edit the DOT in the correct format on Line 3.

  4. Will I ever have to edit a different DOT from what the taxpayer entered? Yes, you need to verify the DOT on Line 3 if the taxpayer attaches a withholding certificate to Form 8288.

    Why? The date on the withholding certificate (whether it is an approved or rejected certificate) becomes the NEW DOT to enter on Line 3 (Part I or II). The following table lists the letter numbers of the withholding certificate.

    Withholding Certificate Letter Numbers
    • Letter 3307(SC/CG) Withholding Certificate - Approved Exempt

    • Letter 3308(SC/CG) Withholding Certificate - Approved Reduced

    • Letter 3309(SC/CG) Withholding Certificate - Approved Exempt

    • Letter 3310(SC/CG) Withholding Certificate - Approved Reduced

    • Letter 3311(SC/CG) Withholding Certificate - Approved Reduced

    • Letter 3497(SC/CG) Withholding Certificate - Approved Reduced

    • Letter 3312(SC/CG) Withholding Certificate - Approved Installment Plan

      Caution:

      Whenever Letter 3312 is attached the new DOT to edit will be the date of the payment. Do not edit a reduced withholding or bypass indicator.

      Example:

      Installment W/H Certificate is issued March 2, 2009, of which 10 percent ($2,275.00 x 10% = $227.50) FIRPTA tax is to be paid on the initial USRPI installment transfer. Subsequent installment transfer may take place on 03/02/2011 ($3,310.00 x 10% = $331.00), which means the tax period is 201103 and not 200903. The RDD would be 03/26/2011. As long as it is timely filed, no penalties or interest will be charged.

    • Letter 3313(SC/CG) Withholding Certificate - Disapproved Reject

    • Letter 3314(SC/CG) Withholding Certificate - Disapproved Reject

    • Letter 3315(SC/CG) Withholding Certificate - Filed Late Rejected

    • Letter 3316(SC/CG) Withholding Certificate - Disapproved Reject

    • Letter 3318(SC/CG) Withholding Certificate - Filed Late Rejected

  5. What do I do if a Withholding Certificate is attached? If a withholding certificate (approved or rejected) is attached, then the date on the withholding certificate letter is considered to be the "NEW Date of Transfer." Circle in RED the incorrect DOT on both the Form 8288 (line 3) and Form 8288-A (box 1), and EDIT the NEW corrected withholding certificate letter date on the Form 8288 (Line 3) and Form 8288-A (Box 1). However, if no withholding certificate is attached, do not change the DOT.

    Reminder:

    Do not forget to edit/assign the reduced withholding and bypass indicator "1" when one of the six"Approved" certificates are attached to Form 8288. See IRM 3.21.261.19.11 and IRM 3.21.261.19.12

  6. The tax period for a Form 8288 is based on the Month and Year of the Date of Transfer, found on Line 3 (Part I or II). See IRM 3.21.261.19.1.

    Example:

    If the DOT is 01/07/2013, then the tax period will be 201301.

  7. The initial tax period being processed to the BMF under MFT 17 is tax period ending 12/31/2005. This tax period will be valid for any Form 8288 reflecting a Date of Transfer of 12/13/2005, or subsequent.

    Note:

    Form 8288 is due to the IRS by the 20th day from the DOT and the same transferee (buyer) withholding agent may file one or more Form 8288 in a month, or in every month of the year.

  8. If the Date of Transfer is not present on Line 3 or the DOT is a future date, then research the attached Form 8288-A, or other documents (settlement statement if present) for the date of transfer.

  9. If the DOT or correct DOT cannot be found and you do not have a telephone number for the transferee (buyer), then correspond (CAS 3104C) with the transferee (buyer) (withholding agent) for the DOT. If a telephone number is found call the taxpayer for the DOT.

    1. Prepare correspondence action sheet 3104C to request the DOT.

    2. Edit CCC "U."

    3. Edit the "Default DOT" only on copy B of Form 8288-A so that it can be entered in the INTL WebApps

      Note:

      The Default DOT is the first day of the month prior to the IRS received date on Form 8288.

      Example:

      The IRS received date is 09-19-2012, edit 08-01-2012 as the default DOT.

  10. If Form 8288 and Form 8288-A show different dates of transfers, then "line through" the DOT on Form 8288-A and edit the DOT from Form 8288 above it.

Number of 8288-As filed -- Line 4

  1. This is a three-position field for which an entry must be present.

  2. Valid characters are, Numeric 0-9. If count is written in alpha characters, change it to a numeric number. Maximum number to enter is "999."

  3. If entry is legible, accept as is.

    Exception:

    If the transferee (buyer) did not provide a Form 8288-A for each transferor (seller), and create a set or sets of Form 8288-A for each transferor, then edit the correct number of Form 8288-A on Line 4.

  4. If the entry is not legible, or missing, or the counts don't match then check the Form 8288-A to see how many people are listed as the transferor (foreign seller) in the "Name of Person subject to withholding block" , and edit that count on Line 4.

  5. If line 4, Part 1 or Part 2 is incorrect, "X" out the incorrect entry and edit the correct amount to line 4.

  6. If you are unable to locate a "# of Form 8288-A filed" count on the document and its attachment, then edit the default number of "1" on Line 4 of Form 8288.

    Reminder:

    Correspond with the taxpayer using IDRS Letter 3104C, when the number of Form 8288-As shown on Line 4 of Form 8288, are not attached to the Form 8288, and/or the amounts from box 2, Form 8288-A do not add up to the amount shown on Line 6, and/or the amounts from box 3 or 4, Form 8288-A do not add up to the amount shown on Line 5a or 5b of Part I, Line 5a, 5b, or 5c of Part II.

Amount Subject to Withholding Under Section 1445(a) (Part I) -- Line 5a or 5b or Amount Subject to Withholding Under Section 1445(e) (Part II) -- Line 5a, 5b, or 5c

  1. This is a 12-position field for which an entry must be present on Part I, Line 5a or 5b, or Part II Line 5a, 5b, or 5c of Form 8288. Only one entry is allowed in Part I, Line 5a or 5b, or Part II, Line 5a, 5b, or 5c.

  2. Valid characters are Numeric 0-9.

  3. The entry in Part I, Line 5a or 5b, or Part II Line 5a, 5b, or 5c cannot be a negative entry.

    Reminder:

    Don't forget to edit your Part Number and the CCC X in the left margin next to Line 1.

  4. If Part I is completed, and Line 5a or 5b are blank, research the attached Form 8288-A or any other attachments for the amount realized. The amount realized can be found in box 3 of Form 8288-A, or the withholding certificate (if any). Edit this amount to Line 5a or 5b.

  5. If Part II is completed, and Line 5a, 5b, or 5c is blank, research the attached Form 8288-A or any other attachments for the recognized gain or amount realized amount. The recognized gain is located in box 4 and the amount realized in box 3 of Form 8288-A. Edit the gain amount to Line 5c and the amount realized to Line 5a or Line 5b.

  6. If you are unable to locate the "Amount Realized or the Amount Subject to Withholding" on Form 8288 or Form 8288-A or any other attachments, edit CCC "U" and prepare correspondence action sheet Letter 3104C to correspond for the missing information.

  7. If Part I or Part II is completed, and Line 5a or 5b (Part I) or Line 5a, 5b, or 5c (Part II) do not match up with the amount realized in box 3 of Form 8288-A, research Form 8288, 8288-A, and attachments to determine the correct amounts. Edit the correct amounts Form 8288 and Form 8288-A where needed. If you are unable to determine the correct "Amount Realized or the Amount Subject to Withholding" on Form 8288 or Form 8288-A or from any other attachments, edit CCC "U" and prepare correspondence action sheet Letter 3104C to correspond for the missing information.

    Note:

    Before editing CCC "U" and corresponding, research Form 8288 and attachments for taxpayer’s phone number. If found call the taxpayer to obtain the amount realized

    .

Reduced Withholding Amount -- Line 5c (Part I) or Line 5d (Part II)

  1. This is a one-position field for which an entry may or may not be present.

  2. Valid characters are:

    • "1" = withholding certificate attached (See withholding certificate chart).

      Reminder:

      Edit the check box in Line 5c (Part I) or reduced withholding and bypass indicator “1” in Line 5d (Part II) when one of the six"Approved" certificates are attached to Form 8288:

      Withholding Certificate Letter Numbers
      • Letter 3307(SC/CG) - Approved Exempt

      • Letter 3308(SC/CG) - Approved Reduced

      • Letter 3309(SC/CG) - Approved Exempt

      • Letter 3310(SC/CG) - Approved Reduced

      • Letter 3311(SC/CG) - Approved Reduced

      • Letter 3497(SC/CG) - Approved Reduced

      • Letter 3312(SC/CG) - Approved Installment Plan

        Caution:

        Whenever Letter 3312 is attached the new DOT to edit will be according to the date of payment. (e.g. payment date is April 1 2015 then DOT to edit would be 04012015 and the tax period to use would be 201504).

        Example:

        Installment W/H Certificate is issued March 2, 2010, of which 10% ($2,275.00 x 10% = $227.50) FIRPTA tax is to be paid on the initial USRPI installment transfer. Subsequent installment transfer may take place on 03/02/2013 ($3,310.00 x 10% = $331.00), which means the tax period is 201303 and not 201003. The RDD would be 03/22/2013. As long as it is timely filed, no penalties or interest will be charged.

      Otherwise, do not edit anything. The tax will be assessed at the full 10 percent,15 percent, or 21 percent (35 percent for dispositions prior to January 1, 2018) amount for the rejected letters.

    • "blank" = withholding certificate not attached or required.

  3. Reduced Withholding when Form 8288 Part I is completed:

    If Then
    Line 5c checkbox is checked (or a significant entry greater than zero on older Forms 8288 revised before February 2017 is present),
    1. Verify that an approved withholding certificate is attached. See withholding certificate letter number table in paragraph (2).

    2. If attached, edit a reduced withholding indicator “1” in the middle of Line 5c. See Exhibit 3.21.261-1. See Exhibit 3.21.261-8, and Exhibit 3.21.261-9 for previous tax years.

      Note:

      If no withholding certificate is attached, circle the checkbox on Line 5c. Do not edit a reduced withholding indicator.

    Line 5c checkbox is not checked, but an approved withholding certificate is attached,
    1. Edit a red check mark inside the checkbox.

    Line 5c checkbox is checked, but no approved withholding certificate is attached, Circle the checkbox on Line 5c.
    Line 5c checkbox is checked, and an approved withholding certificate Letter 3312 is attached, Circle the checkbox on Line 5c.
    Line 5c checkbox is not checked, and an approved withholding certificate Letter 3312 (Installment Cert) is attached, Do not edit the check box in Line 5c.
  4. Reduced Withholding when Form 8288 Part II is completed:

    If Then
    Check box in Line 5d is checked (or if a prior year form contains a significant amount greater than zero),
    1. Verify that an approved withholding certificate is attached. See withholding certificate letter number table in paragraph (2).

    2. If attached, edit reduced withholding indicator "1" in the middle of Line 5d. See Exhibit 3.21.261-2. For previous tax years, see Exhibit 3.21.261-8 and 3.21.261-9.

      Note:

      If no withholding certificate is attached, circle Line 5d check box (for previous year forms, arrow up the amount to the appropriate line). However, if the checkbox on Line 5e is marked, arrow down the amount from Line 5a or Line 5b to Line 5c. For previous tax year forms, arrow up the amount to the amount subject to 35%, Line 5a.

    Line 5d is not checked, (or if a prior year form does not contain a significant amount) but an approved withholding certificate is attached and the amount appears on Line 5a, 5b, or 5c,

    Note:

    If no amount appears on lines 5a, 5b, or 5c, then look at the Form 8288-A (box 3 or 4) for the amount realized or gain, and edit it on the correct line.

    1. Edit reduced withholding indicator “1” in the middle of Line 5d.

      Note:

      On previous year forms, arrow down (in red) the amount to amount subject to reduced withholding rate line.

    Line 5d is checked (or if a prior year form contains a significant amount greater than zero), but no approved withholding certificate is attached,
    • Circle the check box in Line 5d.

      Note:

      Do not edit a reduced withholding indicator.

    • Arrow up the amount from Line 5c when Line 5e is marked. (on previous year forms, arrow down from Line 5a, the 35 percent withholding rate line, to the 10 percent or 15 percent withholding rate line).

      Note:

      Do not edit a reduced withholding indicator.

    Line 5d is checked, (or if a prior year form contains a significant amount greater than zero), and withholding certificate Letter 3312 is attached, Circle the check box in Line 5d.

    Note:

    Do not edit a reduced withholding indicator.

    Line 5d is not checked (or if a prior year form does not contain a significant amount), and withholding certificate Letter 3312 (Installment Cert) is attached, Do not edit the check box in Line 5d or a reduced withholding indicator.

    Reminder:

    DO NOT FORGET TO EDIT THE CORRECT DATE OF TRANSFER ON FORM 8288 LINE 3 AND FORM 8288-A LINE 1, IF A W/H CERTIFICATE IS ATTACHED. See IRM 3.21.261.19.8

Bypass Indicator (BPI)

  1. This is a one-position field for which an entry may or may not be present.

  2. The valid characters are 1 and Blank.

  3. The BPI is edited in the outside right margin of Part I, Line 2, or, is edited in the outside right margin of Part II, Line 6.

    Reminder:

    Always edit a Bypass Indicator "1" whenever you edit the check box in Line 5c (Part I) or Line 5d Part II). Therefore, if no check box in Line 5c (Part I) or Line 5d Part II) is being edited, then no bypass indicator is to be edited.

  4. Definition:

    • "1" -- tax is less than 10 percent and a reduced withholding certificate is attached. No Math Error.

    • "1" -- tax is less than 15 percent and a reduced withholding certificate is attached. No Math Error.

    • "1" -- tax is less than 21 percent (35 percent for dispositions prior to January 1, 2018) and a reduced withholding certificate is attached. No Math Error.

    • "Blank" -- computer will systemically calculate the tax at 15 percent of the amount realized present in Part I Line 5a, or Part II Line 5a.

      Exception:

      Do not edit a reduced withholding check box when an Installment Sales Withholding Certificate Letter 3312 (SC/CG) is present.

    • "Blank" -- computer will systemically calculate the tax at 10 percent of the amount realized present in Part I Line 5b, or Part II Line 5b.

      Exception:

      Do not edit a reduced withholding check box when an Installment Sales Withholding Certificate Letter 3312 (SC/CG) is present.

    • "Blank" -- computer will systemically calculate the tax at 21 percent (35 percent for dispositions prior to January 1, 2018) of the amount subject to withholding present in Part II Line 5c.

    If Then
    Tax is at 10 percent.

    Note:

    No withholding certificate is attached.

    Leave BPI "blank"
    Tax is at 15 percent.

    Note:

    No withholding certificate is attached.

    Leave BPI "blank"
    Tax is at 21 percent (35 percent for dispositions prior to January 1, 2018).

    Note:

    No withholding certificate is attached.

    Leave BPI "blank"
    Tax is less than 10 percent and a reduced withholding certificate is attached.

    Note:

    Part I Line 5c is checked, or has been checked by C & E.

    Edit a BPI "1"
    Tax is less than 15 percent and an approved reduced withholding certificate is attached.

    Note:

    Part I Line 5c is checked.

    Edit a BPI "1"
    Tax is less than 21 percent (35 percent for dispositions prior to January 1, 2018) and a reduced withholding certificate is attached.

    Note:

    Part II Line 5d is checked.

    Edit a BPI "1"
    Tax is less than 10 percent and no reduced withholding certificate is attached. Leave BPI "blank"
    Tax is less than 15 percent and no reduced withholding certificate is attached. Leave BPI "blank"
    Tax is less than 21 percent (35 percent for dispositions prior to January 1, 2018) and no reduced withholding certificate is attached. Leave BPI "blank"

    Figure 3.21.261-8a

    This is an Image: 39746010.gif
     

    Please click here for the text description of the image.

    Figure 3.21.261-8b

    This is an Image: 39746091.gif
     

    Please click here for the text description of the image.

    Figure 3.21.261-8c

    This is an Image: 39746011.gif
     

    Please click here for the text description of the image.

Total Tax -- Line 6, Part I or Line 6, Part II

  1. This is a 12-position field for which an entry must be present.

  2. Valid characters are, Numeric 0-9.

  3. The total tax line cannot be negative.

  4. If Form 8288, Part I is completed then Line 6, of Part I must be 10 percent for dispositions prior to February 17, 2016 and certain post-February 16, 2016 dispositions (see IRM 3.21.261.1.1.1, first "Note") Line 5b, or 15 percent for dispositions after February 16, 2016 of the amount on Line 5a, unless an approved withholding certificate is attached (Line 5b). An approved withholding certificate reduces the 10 or 15 percent tax to an amount less than 10 or 15 percent (including "0" ).

    Reminder:

    For post February 16, 2016 dispositions, where a property is acquired by the transferee for use by the transferee as a residence and the amount realized by the foreign transferor is more than $300,000, but does not exceed $1,000,000, the withholding agent generally must withhold and remit to the IRS 10 percent of the amount indicated in Line 5b, Part I, or Line 5b, Part II of Form 8288.



    FIRPTA Tax Discrepancy - Part I

    If... And... Then...
    Line 6 is less than 10 percent of Line 5b, and it’s for a disposition prior to February 17, 2016 and certain post-February 16, 2016 dispositions (see IRM 3.21.261.1.1.1, first "Note"), Line 5c is "checked" with an approved reduced withholding certificate is attached, See IRM 3.21.261.19.12 to edit a BPI.
    Line 6 is less than 15 percent of Line 5a, and it’s for a disposition after February 16, 2016, Line 5c is checked with an approved reduced withholding certificate is attached, See IRM 3.21.261.19.12 to edit a BPI.
    No reduced withholding certificate is attached, and it’s for a disposition prior to February 17, 2016 and certain post-February 16, 2016 dispositions (see IRM 3.21.261.1.1.1, first "Note"), Line 6 is less than 10 percent,
    1. If Line 5c is checked, Circle out the checkbox. Otherwise, do nothing.

    2. Do not edit a Bypass Indicator so the computer can compute the tax at 10 percent.

    No reduced withholding certificate is attached, and it’s for a disposition after February 16, 2016, Line 6 is less than 15 percent, but not equal to 10 percent,
    1. If Line 5c is checked, Circle out the checkbox. Otherwise, do nothing.

    2. Do not edit a Bypass Indicator.

    No reduced withholding certificate is attached, and it’s for a disposition after February 16, 2016, Line 6 is equal to 10 percent,
    1. If Line 5c is checked, Circle out the checkbox. Otherwise, do nothing.

    2. Circle out Line 6

    3. Do not edit a Bypass Indicator.

    Caution:

    These procedures do not apply when a property is acquired by the transferee for use by the transferee as a residence and the amount realized by the foreign transferor is more than $300,000, but does not exceed $1,000,000.

    Line 5c is blank a withholding certificate is attached to Form 8288
    1. Edit a check mark in the checkbox in Line 5c.

    2. Edit the BPI "1" in the right outside margin of Line 2.

  5. If the entry is incorrect or not legible, do the following:

    1. Place a red "X" to the left of the incorrect entry.

    2. Write the correct entry (found on Form 8288A, the withholding certificate, or other attachments if any, towards the middle of the second paragraph) to the left of the incorrect entry of Line 6, Part I.

  6. If Form 8288, Part II is completed then Line 6, of Part II must be either 15 percent of the amount on Line 5a, 10 percent of the amount on Line 5b, or 21 percent (35 percent for dispositions prior to January 1, 2018) of the amount of Line 5c, unless an approved withholding certificate is attached (Line 5d is checked or C&E has checked Line 5d, or a significant entry greater than zero on older Forms 8288 revised before February 2017 is present). An approved withholding certificate reduces the 15 percent, 10 percent, or 21 percent (35 percent for dispositions prior to January 1, 2018) tax to an amount less than 15 percent, 10 percent, or 21 percent (35 percent for dispositions prior to January 1, 2018) (including "0" ).

    FIRPTA Tax Discrepancy - Part II

    If... And... Then...
    If Line 6 is less than 15 percent of Line 5a, 10 percent of Line 5b, or 21 percent (35 percent for dispositions prior to January 1, 2018) of Line 5c, An approved reduced withholding certificate is attached. Edit a reduced withholding indicator in the middle of Line 5d and edit a BPI. (Also, see IRM 3.21.261.19.12.)
    No approved reduced withholding certificate is attached Line 6 is less than
    • 15 percent of line 5a, or

    • 10 percent of line 5b, or

    • 21 percent (35 percent for dispositions prior to January 1, 2018) of line 5c, or

    • a check mark appears on line 5d (or a significant entry greater than zero on older Forms 8288 revised before February 2017 is present).

    1. Circle the check box in Line 5d.

    2. Do not edit a reduced withholding or Bypass Indicator so the computer can compute the tax at 15 percent, 10 percent or 21 percent (35 percent for dispositions prior to January 1, 2018).

    No approved reduced withholding certificate is attached Line 6 is less than 15 percent, but equal to 10 percent of line 5b,
    1. If Line 5d is checked, circle out the check box in line 5b.

    2. Do not edit a reduced withholding or Bypass Indicator.

    3. Circle line 6.

    Note:

    This step intentionally causes fall out to ERS because the computer cannot compute the tax at 15 percent and will allow 10 percent.

    Caution:

    These procedures do not apply when a property is acquired by the transferee for use by the transferee as a residence and the amount realized by the foreign transferor is more than $300,000, but does not exceed $1,000,000.

    Line 5d is blank An approved withholding certificate is attached to Form 8288
    1. Edit a reduced withholding indicator in the middle of Line 5d, and

    2. Edit the BPI "1" in the right outside margin of Line 6.

  7. If the entry is incorrect or not legible, do the following:

    1. Place a red "X" to the left of the incorrect entry.

    2. Write the correct entry (found on Form 8288A, the withholding certificate or other attachments, if any, towards the middle of the second paragraph) to the left of the incorrect entry of Line 6, Part II.

Large Trust Election -- Line 5e, Part II

  1. This is a one-position field for which an entry may or may not be present.

  2. No editing is necessary. ISRP will enter "1" if checkbox is checked.

    Note:

    Large trust elections have over 100 people and are taxed at a 21 percent (35 percent for dispositions prior to January 1, 2018) rate.

♦Signature♦

  1. A signature (withholding agent/transferee (buyer), partner, fiduciary, or corporate officer) and jurat is required for all returns except the following:

    Note:

    If a signature does not appear on the designated line for the taxpayer's signature, follow the procedures in the "If/Then" table below.

    • Returns prepared under IRC § 6020(b). These returns must be signed by a Compliance Function Representative. See IRM 3.21.261.9.2.

    • Returns prepared by Examination, for example "SFR" (Substitute for Return) or "SUBSTITUTE RETURN" . See IRM 3.21.261.9.5, ♦Examination Secured♦.

    • Dummy returns prepared by IRS.

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

    • Correspondence containing a signature and jurat is attached showing the taxpayer is responding to an IRS letter. See paragraph (5) below.

    • Re-entry returns originally filed electronically (E-File). These returns may be identified by the presence of Mode E-File printouts or "TRPRT Print Do Not Process" in lieu of an actual return.

      Note:

      If the TRPRT print states "TRPRT Print Do Not Process" in the top margin, circle the words "Do Not Process."

  2. Do not correspond for a signature on "CIS" returns that have Form 13596, Reprocessing Returns, attached. See IRM 3.21.261.10.1Correspondence Imaging System (CIS) Returns, for processing instructions.

  3. If a signature is missing:

    Note:

    See, ♦Issuing Correspondence♦, for returns that are incomplete and appear to be duplicate filings.

    If... Then...
    The return is not signed on the line designated for the taxpayer's signature,
    1. Correspond using an approved correspondence action sheet.

    2. Edit CCC "U" if corresponding for signature only.

    3. Leave in batch and continue editing.

    The jurat is not present on the line designated for the taxpayer's signature (non-standard return),
    1. Correspond using an approved correspondence action sheet.

    2. Edit CCC "U" if corresponding for signature only.

    3. Leave in batch and continue editing.

  4. Follow the instructions in paragraph (3) above, when the Entity information is the only thing present on the form, and there are no attachments containing tax data.

    Note:

    Use Form 3696, or other approved Correspondence Action Sheet, for "Secured" or delinquent returns.

  5. If the jurat is altered or stricken (crossed-out), see IRM 3.21.261.9.6, Frivolous Arguments for frivolous frivolous return instructions. See also Exhibit 3.21.261-6.

  6. Accept a "signature declaration" (a signature with jurat obtained through IRS correspondence) if attached to the return.

    1. If the "signature declaration" is altered or stricken (crossed out), see IRM 3.21.261.9.6, Frivolous Arguments. See also Exhibit 3.21.261-6.

    2. If the taxpayer responds with a self-prepared "signature declaration" it must contain the same language as the jurat on the tax return; e.g. "UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE EXAMINED THIS RETURN, INCLUDING ACCOMPANYING SCHEDULES AND STATEMENTS, AND TO THE BEST OF MY KNOWLEDGE AND BELIEF, IT IS TRUE, CORRECT AND COMPLETE."

  7. Since tax examiners are not expected to be handwriting experts, Section 301.6064-1 of the Regulations allows the service to presume that the signature on a return, statement or other document is the true signature of the person who actually signed the document.

    Note:

    A or "X" used to designate where the taxpayer should sign the return is not considered a valid signature.

  8. Only one correspondence attempt is required for a signature. If you do not receive a reply after the prescribed suspense period, edit as follows:

    If... Then...
    The return has an overpaid condition or it is a Form 8288, Edit CCC "3" and CCC "X" and continue processing.
    The return is a balance due or zero condition, Edit CCC "3" and continue processing.

Preparer Signature

  1. A signature may or may not be present; do not correspond if not present.

  2. Do not correspond for a missing signature on any return prepared by a Compliance function.

  3. Do not question any signature on the return. Internal Revenue (IR) Regulations Section 301.6064-1 allows the Service to presume that the signature on the return, statement or other document is the true signature of the person who actually signed the document.

  4. A constructive signature (that is, a signature on an accompanying check, letter, etc.) is not acceptable unless the signature follows a perjury statement containing the same language as the jurat of the tax return.

♦Preparer's EIN or PTIN♦

  1. ISRP will transcribe the entry. The Preparer Tax Identification Number (PTIN) is located to the right of the Preparer's Signature at the bottom of Form 8288.

    Reminder:

    If the return is for 2009 or prior, then the PTIN box will be named Preparer's SSN or PTIN.

  2. A Preparer Tax Identification Number (PTIN) is a valid entry in the Preparer's PTIN area at the bottom of Form 8288. The PTIN is nine-digits beginning with the alpha "P" (e.g., PXXXXXXXX) and followed by eight numbers.

  3. Valid characters are numeric (0-9) and alpha "P" only.

  4. If the entry in the PTIN area is an invalid number, or does not begin with a "P" , or is an SSN number, then circle-out the number.

    Caution:

    If the return is for 2009 or prior, and the entry on the line is an SSN number, do not circle it. Instead, remember to edit the TIN TYPE indicator.

  5. The Preparer's EIN must be a nine-digit numeric number. The EIN is entered in NN-NNNNNNN format. The EIN cannot be all zeroes or all nines.

  6. Circle the EIN if all zeroes or all nines.

Preparer's TIN TYPE

  1. If the Preparer's TIN is a PTIN, edit a "0" (zero) immediately to the right of it.

NMF FIRPTA Form 8288 Penalty and Interest Assessment

  1. All Form 8288 returns with a Date of Transfer (DOT) prior to 12/13/2005 must be transshipped to the Cincinnati Submission Processing Campus (CSPC) for processing to the Automated Non-Master File (ANMF) system. Once the return has been numbered accounting will coordinate with OSPC.

  2. CSPC NMF Accounting will fax Form 8288 and Form 8288-A to OSPC for recordation into the FIRPTA portion of the International Web Applications (INTL WebApps).

  3. Upon receipt of the fax from CSPC, OSPC will perform the following steps in the FIRPTA database portion of the INTL WebApps within two days of receipt.

    Caution:

    Review Form 8288 to see if it is an Installment Sales Return. If the return is an installment sales return, inform CSPC NMF accounting to transship the return to OSPC for BMF processing and take no further action. If it is not an installment sales return, continue with the following steps.

    1. Select Form 8288-A (IRMF), New Form 8288-A

    2. Enter the Form 8288 data into the database.

    3. Document the generated penalty calculations (FTF and FTP) on Form 8288.

    4. Mail out Form 8288-A Copy B to the foreign taxpayer along with Quick Note 3296 SC/CG.

  4. The C&E FIRPTA unit will fax the Form 8288 to Ogden AM so they can calculate the interest assessment. Ogden AM will document the interest on Form 8288 and fax the Form 8288 with the penalty and interest calculations back to CSPC NMF Accounting for continued processing.

    Note:

    For assistance contact the Ogden AM Planning and Analysis (P&A) Staff Analyst on ext. 5249.

Form 8288 "T" Lines Definition -- Part I

Exhibit3.21.261-1Form 8288 T Lines -- Part IThis is an Image: 39746014.gif
 

Please click here for the text description of the image.

Form 8288 "T" Lines Definition -- Part II

Exhibit3.21.261-2Form 8288 T Lines -- Part IIThis is an Image: 39746016.gif
 

Please click here for the text description of the image.

Form 8288-A, "Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests"

Exhibit3.21.261-3Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property InterestsThis is an Image: 39746017.gif
 

Please click here for the text description of the image.

Computer Condition Codes (CCC) -- Form 8288

Exhibit3.21.261-4Computer Condition Codes
Codes Explanation
D See IRM 3.21.261.17 (4) When reasonable cause exists for waiver of the failure to pay penalty.

Note:

Edit CCC "D" if the FTP box on Form 13596 is checked.

O A pre-settlement manual refund was paid.
R See IRM 3.21.261.17 (6) To indicate a delinquent return with reasonable cause. Do not assess a failure to file penalty (FTF).

Note:

Edit CCC "R" if the FTF box on Form 13596 is checked.

U Unprocessable Return:
a. to reject unprocessable return.
b. to issue a manual refund over $1 million
c. See IRM 3.21.261.14
W Return has been cleared by Statutes.
X Excess remittance with return or overpayment be applied to another account.

Note:

This code is used when it has been determined that an excess remittance should be applied to a different tax class or module (period). The CCC "X" will freeze the tax module from refunding or offsetting any monies by generating a TC 570.00.

3 No Reply to Correspondence:
To bypass validation of the correspondence received date when the taxpayer fails to reply to IRS-generated correspondence.
4 Return is notated "Prepared under IRC § 6020(b)"
7 See IRM 3.21.261.17 (12) When denying the reasonable cause explanation for filing and paying late.

Caution:

When using "CCC 7" do not use "CCC D or R"

♦U.S. Possessions ZIP Codes♦

Exhibit3.21.261-5♦U.S. Possessions ZIP Codes♦

American Samoa (AS)

City ZIP Code City ZIP Code
Faga'itua 96799 Olosega Manua' 96799
Leone 96799 Pago Pago 96799
 

Federated States of Micronesia (FM)

City ZIP Code City ZIP Code
Chuuk 96942 Pohnpei 96941
Kosrae 96944 Yap 96943
 

Guam (GU)

City ZIP Code City ZIP Code
Agana 96910 Tamuning 96931
Inarajan 96917 Umatac 96915
Merizo 96916 Yona 96915
 

Marshall Islands (MH)

City ZIP Code City ZIP Code
Ebeye 96970 Majuro 96960
 

Northern Mariana Islands (MP)

City ZIP Code City ZIP Code
Capitol Hill 96950 Saipan 96950
Rota 96951 Tinian 96952
 

Palau (PW)

City ZIP Code City ZIP Code
Koror 96940 Palau 96940
 

Puerto Rico (PR)

City ZIP Code City ZIP Code
Adjuntas 00601 La Plata 00786
Aguada 00602 Lares 00669
Aguadilla 00603 Las Marias 00670
Aguas Buenas 00703 Las Piedras 00771
Aguirre 00704 Levittown 00950
Aibonito 00705 Loiza 00772
Anasco 00610 Loiza Street Station 00936
Angeles 00611 Luquillo 00773
Arecibo 00612 Manati 00674
Arroyo 00714 Maricao 00606
Bajadero 00616 Maunabo 00707
Barceloneta 00617 Mayaguez 00680
Barranquitas 00794 Mercedita 00715
Bo Obrero 00935 Minillas 00940
Bayamon 00956 Moca 00676
Boqueron 00622 Morovis 00687
Cabo Rojo 00623 Naguabo 00718
Caguas 00725 Naranjito 00719
Camuy 00627 Orocovis 00720
Canovanas 00729 Palmer 00721
Caparra Heights 00920 - 00922 Patillas 00723
Carolina 00979 - 00987 Penuelas 00624
Catano 00962 Ponce 00731
Cayey 00736 Puerta de Tierra 00906
Ceiba 00735 Puerta Real 00740
Ciales 00638 Quebradillas 00678
Coamo 00769 Rincon 00677
Comerio 00782 Rio Blanco 00744
Corozal 00783 Rio Piedras 00925, 00927, 00928
Coto Laurel 00780 Rosario 00636
Culebra 00775 Sabana Grande 00637
Dorado 00646 Sabana Hoyos 00688
Ensenada 00647 Sabana Seca 00952
Fajardo 00738 Salinas 00751
Fernandez Juncos 00909 - 00910 San Antonio 00690
Fort Buchanan 00934 San German 00683
Garrochales 00652 San Juan 00936
Guanica 00653 San Lorenzo 00754
Guayama 00784 San Sebastian 00685
Guayanilla 00656 Santa Isabel 00757
Guaynabo 00965 - 00971 Santurce 00907 - 00908
Gurabo 00778 Toa Alta 00953
Hatillo 00659 Toa Boa 00949
Hato Rey Station 00917 - 00919 Trujillo Alto 00976
Humacao 00791 Utuado 00641
Isabela 00662 Vega Alta 00692
Jayuya 00664 Vega Baja (box 1-9049) 00694
Juana Diaz 00795 Vieques 00765
Juncos 00777 Villalba 00766
Lajas 00667 Yabucoa 00767
    Yauco 00698
 

Virgin Islands - U.S. (VI - Entity Section) (VQ - Other than Entity Section)

City ZIP Code City ZIP Code
Charlotte Amalie 00802 Saint Croix 00820
Christiansted 00820 Saint John 00830
Cruz Bay 00830 Saint Thomas 00805
Downtown 00840 Sunny Isle 00850
Frederiksted 00840 Veterans Annex 00820
Kingshill 00850    

Frivolous Arguments Criteria

Exhibit3.21.261-6♦Frivolous Arguments Criteria♦

Potential Frivolous Arguments for Examination Review

Potential Frivolous Arguments Description
Alleged Churches/First Amendment Income from non-religious sources and may claim a vow of poverty.
Altered Form Altering any or all line items with the intent of facilitating non-compliance with the tax laws.
Altered Jurat/UCC (Uniform Commercial Code) 1-207 or UCC 1-308 Return contains income and deductions but the jurat has been altered or stricken. May include reference to UCC 1-207/UCC 1-308 or a statement that the return was not signed under penalties of perjury.
Amended Returns/Form 843 Claim Amended return or a Form 843 filed to obtain a total refund of all taxes paid in prior years, based on a tax avoidance argument.
C-Filings This frivolous position includes the following four categories:
  1. Files a return claiming various types of deductions, credits, or overpayments/refunds that have no relation to reality and because of their outrageous character, qualify as frivolous returns.

  2. Files a return containing the filers identifying information but does not request a refund, often lacking sufficient information to determine a tax liability.

  3. Files a return with various types of rambling dialogue and/or confusing arguments that no one could reasonably view as a good faith attempt to comply with the law.

  4. Files a return that attempts to send some type of message or protest to the IRS, but fails to include sufficient identifying information for the Service to either determine the identity of the taxpayer or correspondent or return address.

Challenges to Authority/Due Process Questions various administrative authorities such as delegation orders, summons authority, privacy act, etc. Argues that they must be afforded a hearing or a trial before taxes can be assessed or before property can be seized.
Challenges to Authority/Title 26 or "law" in Other Documents Argues that Title 26 of the United States Code is not law because it was never enacted as named.
Collection Issues Files frivolous documents contending that various collections issues are invalid (e.g. Offers in Compromise, Collection Due Process Requests, Installment Agreements, Appeals Requests, etc.) because they are not filed and/or signed by someone with delegated authority. They may have no certificate of assessment attached, do not comply in form or content with a State or Local law, are not in a certain format or lack a valid Office of Management and Budget (OMB) number or other frivolous positions.
Disclaimer Submits a disclaimer stating, "disclaims the liability for the tax due" , making the liability on the return zero.
Fifth Amendment Assertion of the Fifth Amendment right against self-incrimination as a basis for not providing any financial information.
Foreign Income Argues that United States citizens and residents are not subject to tax on their wages or other income derived from sources within the United States, as only foreign-based income or income received by nonresident aliens and foreign S Corporations from sources within the United States is taxable.
Form 1099-OID
(Original Issue Discount)
An individual files a return reporting false amounts of income (generally "Other or Miscellaneous" income) and all of them claim a false amount of income tax withholding approximately equal to the amount of falsely reported income. Although the returns report income, they do not calculate any tax due. Some of the returns have Form 1099-OID (Original Issue Discount) attached and some have Forms 1096. Other false financial instruments may be filed in the place of or in addition to the Forms 1099-OID such as Form 2439, promissory notes, bonds, sight drafts, etc.
IRC 861 Business
Employment Tax (BMF 861)
Argument targets employers and advises them that wages are exempt from withholding. Based on 26 CFR Section 1.861, promoters of this scheme advise employers to stop withholding and paying payroll taxes on their employee's wages. In addition, some employers file amended payroll tax returns and request refunds of previously paid payroll taxes.
IRS is a Private Organization/Collects Tribute, Not Taxes Argues that the IRS is an entity named the Internal Revenue and Tax Service, Inc., which was incorporated in Delaware in 1933, it is a collection agency for the Federal Reserve Bank, or is part of the United Nations and is clandestinely leading the tax-paying public into a "new world order."
Not a Person Argues that a taxpayer is not a "person" within the meaning of section 7701(a)(14) of the Internal Revenue Code.
Obscene, Vulgar, Harassing Submits documents or other materials indicating that non-filing is due to dissatisfaction with tax policies or taxation in general. Often, this argument is expressed with obscene, vulgar, or crude language and characters in an extremely demeaning manner.
Protest Against Government Action/Inaction Argues that refusal to file or pay is justified because they disagree with government policies or spending plans.
Sixteenth Amendment Argues the Sixteenth Amendment was not properly ratified and therefore the federal government does not have the legal authority to collect an income tax without apportionment.
Straw Men Argues the government has created an entity separate and distinct from the taxpayer - a "straw man" and any tax obligations are exclusively those of the "straw man" .
Taxes are Voluntary/Law Does Not Require Submits a return, amended return or correspondence that argues income taxes are voluntary.
U.S. v. Long Submits a return with zero money amounts much the same as the Zero Return category and U.S. V. Long is referenced. See "note" in Zero returns below.
Unsigned Returns The individual completes a return but fails to sign, a statement indicating disagreement with the tax system is attached or added to the return.
Valuation Income is not taxable because of the declining fair market value of the dollar, because the dollar is not backed by gold/silver, because the value of services is offset by the value of the labor (barter income), etc.
Zero Returns (ZERO) Submits a return with zero money amounts on all or most of the line items on the form (e.g., IRC §861, Form 2439, Form 1099-OID and other BMF filings that claim no income and request refunds). See Rev. Rul. 2004-34. A statement is attached claiming there is no section of the Internal Revenue Code that established an income tax liability. The statement may also contain arguments regarding the definition of income. There are several variations on this type of filing such as those bearing the words "nunc pro tunc" and "not liable" .

Note:

≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ " ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

Other All others including those listed in Notice 2010-33. This category includes non-filer accounts resulting from initial compliance check such as cross-reference TINs. See also http://www.irs.gov/Tax-Professionals/The-Truth-About-Frivolous-Tax-Arguments-Introduction on irs.gov. This category includes non-filer accounts resulting from initial compliance check such as cross-reference Taxpayer Identification Number (TIN)s.

Note:

Frivolous arguments citing "Collection Due Process" (CDP) should be reviewed by Collections for possible referral to Appeals. Refer to IRM 5.19.8, Collection Appeal Rights, for additional information.

Form 4442

Exhibit3.21.261-7Form4442This is an Image: 39746018.gif
 

Please click here for the text description of the image.

Form 8288 “T” Line Definitions - Part I (Rev. February 2016)

Exhibit3.21.261-8Form 8288 “T” Line Definitions - Part I (Rev. February 2016)This is an Image: 39746092.gif
 

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Form 8288 “T” Lines Definition -Part II (Rev. February 2016)

Exhibit3.21.261-9Form 8288 “T” Lines Definition -Part II (Rev. February 2016)This is an Image: 39746093.gif
 

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Form 8288 “T” Lines Definition – Part I (Rev. August 2013)

Exhibit3.21.261-10Form 8288 “T” Lines Definition -Part I (Rev. August 2013)This is an Image: 39746094.gif
 

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Form 8288 “T” Lines Definition – Part II (Rev. August 2013)

Exhibit3.21.261-11Form 8288 “T” Lines Definition -Part II (Rev. August 2013)This is an Image: 39746095.gif
 

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Glossary and Acronyms

Exhibit3.21.261-12Glossary and Acronyms

Glossary

GLOSSARY DEFINITION
ACTION CODES Numeric codes edited in the bottom center margin of a return to reject documents and identify the reason the document has been rejected.
ACTION TRAIL A notation in the lower left side margin on page one of a return which indicates or explains an action taken.
AMENDED RETURN A return that changes information submitted on a previously filed return.
AUDIT CODE An alpha character edited in the right bottom margin of a return to identify a specific condition for the Examination Operation.
BATCH A group of blocks of documents. A batch cannot contain more than 20 blocks.
BLOCK A group of up to 100 documents with consecutive DLNs containing the same block number (digits 9 through 11 of the DLN). (A block cannot contain more than 100 documents since the documents are numbered from 00 to 99.)
BUSINESS MASTER FILE (BMF) A magnetic tape file containing information about taxpayers filing business returns and related documents.
CALENDAR YEAR A tax year that begins January 1 and ends on December 31.
CENTRALIZED AUTHORIZATION FILE (CAF) Computerized system of records which houses authorization information from Powers of Attorney (POAs), Tax Information Authorizations (TIAs) and state tax returns. The CAF system contains two types of records:
  1. Taxpayer records

  2. Representative records

CHECK DIGITS Two alpha characters used to identify the tax account.
CODING Placing symbols that have specific meanings on returns. These codes direct the computer to perform certain programmed functions.
COMPUTER CONDITION CODE (CCC) A single alpha or numeric character edited on a return which either identifies a special condition or directs the computer to take a specific programmed action. CCCs are posted to the Master File.
CORRESPONDENCE ACTION SHEETS (CAS) Forms used to request information from the taxpayer. Some are mailed to the taxpayer with the return; others generate a letter.
CURRENT YEAR RETURN For processing in 2019, a Current Year Return is a return filed for tax year 2018.
DATA All information reported or coded on forms, schedules, and attachments.
DELINQUENT RETURN A return filed after the due date without an approved extension.
DOCUMENT Written information, (e.g., forms, schedules and attachments).
DOCUMENT LOCATOR NUMBER (DLN) A fourteen-digit number assigned to every return and document input through the Automatic Data Processing (ADP) system.
DUMMYING The act of transferring information provided by the taxpayer onto a required transcribed form/schedule.
EDITING Preparing returns and attachments for data entry or other transcription processes by correcting entries and entering edit marks.
EMPLOYER IDENTIFICATION NUMBER (EIN) A nine-digit number that identifies the account of a business taxpayer on the Business Master File.
ENTRY Any type of mark entered by, or edited for, the taxpayer.
ERROR RESOLUTION SYSTEM (ERS) A system for the examination and correction of returns rejected due to taxpayer and processing errors.
FISCAL YEAR A tax year which ends on a date other than December 31.
FORM An IRS document identified by a number, e.g., Form 1040.
FRIVOLOUS FILER/NON-FILER Filers and non-filers who use certain types of tax avoidance arguments which are not supported by law.
HARDSHIP An indication of severe consequences for a taxpayer caused by the normal application of IRS regulations and procedures. Although a determination of hardship is highly subjective, the work leader must be consulted if a particular situation may be considered for referral to the Taxpayer Advocate Service (TAS).
INDIVIDUAL MASTER FILE (IMF) A magnetic tape file containing information about taxpayers filing individual income tax returns and related documents.
INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER (ITIN) A unique nine-digit number assigned by the IRS to individuals who must file a U.S. tax return or are listed as a spouse or a dependent and who do not have and cannot obtain a valid Social Security Number. Taxpayers obtain an ITIN by filing a Form W-7.
INTEGRATED DATA RETRIEVAL SYSTEM (IDRS) A system that enables employees in the area/territory offices and the campuses to have visual access to certain computer-based information in taxpayer accounts.
INTEGRATED SUBMISSION AND REMITTANCE PROCESSING SYSTEM (ISRP) A computerized system which will convert paper tax and information documents and remittances received by IRS into perfected electronic records of taxpayer data.
INTERNATIONAL RETURN A return on which income is excluded or not reported because of revenues from, payments to, or residence in a foreign country.
JULIAN DATE A calendar date expressed as the number of days since the beginning of the year. For example, February 1 is Julian Date 032.
JURAT The perjury statement required in the signature area of a tax return, form, or schedule.
MASTER FILE A magnetic tape record which contains taxpayer accounts.
MISBLOCKED RETURN A Form 1040, Form 1040A or Form 1040EZ, found in the wrong type of block or batch. For example, a Form 1040A found in a batch of Forms 1040.
MISFILED RETURN A Form 1040, Form 1040A or Form 1040EZ, filed when a BMF form should have been filed instead.
NAME CONTROL The first four characters of the taxpayer's surname. Also, used for dependents, qualifying children, child care providers, etc.
NON-RESIDENT ALIEN (NRA) An alien individual (not a U.S. citizen), who does not meet either the green card test or the substantial presence test for the calendar year.
NUMERIC CHARACTER A number or numeral between 0 and 9, inclusive.
PERFECTING Making returns acceptable for data entry through editing procedures.
PIPELINE The areas in the IRS Submission Processing Campus that process a return from the time it is received until the data from the return is entered to an account in the IRS' main computer. These areas include Receipt and Control, Code and Edit, Data Conversion, Error Resolution, Rejects, and Unpostables.
POWER OF ATTORNEY (POA) A form authorizing a representative to perform certain acts on the taxpayer's behalf.
PAID PREPARER TAX IDENTIFICATION NUMBER (PTIN) Paid preparer tax identification number.
PRIMARY TAXPAYER The taxpayer who is listed first on the name line caption of a joint return, regardless of whether that taxpayer is male or female.
PRIMARY TAXPAYER IDENTIFICATION NUMBER (P-TIN) The TIN associated with the taxpayer who is listed first on the name line of the caption.
PRIOR YEAR RETURN A return for a tax period prior to the current tax year.
PROCESSABLE RETURN A return which meets all the requirements for ISRP input.
RECEIVED DATE Date a return was received by the IRS. If the date is unknown and a Received Date is required, there is a prescribed formula for determining the date to edit as the Received Date. (Required on Amended, Fiscal Year, Short Year, Prior Year, and Delinquent Returns.)
RE-INPUT DOCUMENT A document that did not post to the Master File when originally entered and is now being entered again with a Form 3893, Re-Entry Document Control.
RETURN A legal document used by the taxpayer to report income, deductions, and tax liability.
RETURN DUE DATE The date in which the return is due to the Internal Revenue Service.
RETURN PROCESSING CODE (RPC) A single character edited on a return to direct the computer to take specific actions in processing the return. This code does not post to the Master File.
SCHEDULE An IRS document identified by alpha characters or numbers (e.g., Schedule B, Schedule 8812).
SECONDARY TAXPAYER The taxpayer who is listed second on the name line caption of a joint return, regardless of whether that taxpayer is male or female.
SECONDARY TAXPAYER IDENTIFICATION NUMBER (S-TIN) The TIN associated with the taxpayer whose name appears second on a joint return.
SIGNIFICANT ENTRY Any positive or negative number or dollar amount other than zero.
SOCIAL SECURITY NUMBER (SSN) A nine-digit number identifying the account of an individual on the Individual Master File.
STATUTE RETURN A return filed for a Tax Period more than three years prior to the current Tax Period.
SUFFIX Information added at the end of a word, phrase, or series of numbers. For instance, a title may be edited as a suffix to a name as in James Canary, Exec.
TAX EXAMINER (TE) STAMP A rubber stamp containing a unique identifying number of the Code & Edit tax examiner working the return.
TAX PERIOD The time covered by a particular return represented by the year and month in which the period ends. For example, 1612 stands for the tax year ending December 31, 2016.
TAXPAYER ADVOCATE SERVICE (TAS) An independent organization within the IRS whose employees assist taxpayers who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe than an IRS system or procedure is not working as it should.
TAXPAYER IDENTIFICATION NUMBER (TIN) A nine-digit number which identifies the account of an individual or business taxpayer. The TIN may be a Social Security Number (SSN), an Individual Taxpayer Identification Number (ITIN), Adoption Taxpayer Identification Number (ATIN) or an Employer Identification Number(EIN).
THIRD PARTY DESIGNEE Person given permission by the taxpayer to discuss their current year return processing issues with the IRS.
TRANSACTION CODE (TC) A three-digit numeric code defining the precise nature of an action posted to the Master File.
TRANSCRIPTION The process of transferring information from documents to a computer-readable form. Also, called data conversion, input, and entry.
UNPOSTABLES Data which cannot be entered successfully to an account at the Martinsburg Computing Center (MCC) and is returned to the Campus for corrective action.
UNPROCESSABLE DOCUMENT A document which cannot be perfected for the ADP system, usually because of incomplete information.
 

Acronyms

ACRONYM DEFINITION
ADM Administrator
AKA Also Known As
AP Approved Paragraph
APO Army Post Office
ASED Assessment Statute Expiration Date
AUSPC Austin Submission Processing Campus
AWS Alternative Work Schedule
BMF Business Master File
BOB Block Out of Balance
CAF Centralized Authorization File
CAS Correspondence Action Sheet
CCC Computer Condition Code
CLS Common Law Spouse
COMM Commissioner
CONS Conservator
CP Computer Paragraph
CPA Certified Public Accountant
CSPC Cincinnati Submission Processing Campus
CY Calendar Year
DECD Deceased
DLN Document Locator Number
DOD
  • Date of Death

  • Department of Defense

DPO Diplomatic Post Office
EGA Ethics in Government Act
EIN Employer Identification Number
ELF Electronic Filing
ERS Error Resolution System
EXEC Executor
FEC Foreign Employer Compensation
FICA Federal Insurance Contribution Act
FMV Fair Market Value
FPO Fleet Post Office
FSPC Fresno Submission Processing Campus
FRP Frivolous Return Program
FTD Federal Tax Deposit
FTF Failure to File
FTP Failure to Pay
FY Fiscal Year
GDN Guardian
IDRS Integrated Data Retrieval System
IDT Identity Theft
IMF Individual Master File
IRC Internal Revenue Code
IRM Internal Revenue Manual
IRP Information Returns Processing
IRS Internal Revenue Service
IRSN Internal Revenue Service Number
ISRP Integrated Submission and Remittance Processing System
ITIN Individual Taxpayer Identification Number
IVO Integrity and Verification Operation
KCSPC Kansas City Submission Processing Campus
LAFCP Living Abroad Foreign Care Provider
LEM Law Enforcement Manual
MCC Martinsburg Computing Center
MeF Modernized e-File
MFT Master File Tax
NCOA National Change of Address
NO National Office
NR No Record
NRA Non-Resident Alien
OSPC Ogden Submission Processing Campus
PAO Process As Original
PCD Program Completion Date
PDS Private Delivery Service
PER REP Personal Representative
POA Power of Attorney
POD Post of Duty
PPR
  • Personal Property Rental

  • Payment Plan Request

P-TIN Primary Taxpayer Identification Number
Prep. TIN(PTIN) Paid Preparer Tax Identification Number
PY Prior Year
RICS Return Integrity and Compliance Services
RPC Returns Processing Code
RTN Routing Transit Number
SERP Servicewide Electronic Research Program
SPC
  • Special Processing Code

  • Submission Processing Center

SFR Substitute for Return
SSN Social Security Number
TAS Taxpayer Advocate Service
TC Transaction Code
TE Tax Examiner
TIN Taxpayer Identification Number
TP Taxpayer
TR Trustee
TY Tax Year
USPS United States Postal Service

♦Province, Foreign State, and Territory Abbreviations♦

Australia State

Australia State Abbreviation
Australian Capital Territory ACT
New South Wales NSW
Northern Territory NT
Queensland QLD
South Australia SA
Tasmania TAS
Victoria VIC
Western Australia WA
 

Brazil State

Brazil State Abbreviation
Acre AC
Alagoas AL
Amapa AP
Amazonas AM
Bahia BA
Ceara CE
Distrito Federal DF
Espirito Santo ES
Goias GO
Maranhao MA
Mato Grasso MT
Mato Grosso do Sul MS
Minas Gerais MG
Para PA
Paraiba PB
Parana PR
Pernambuco PE
Piaui PI
Rio de Janeiro RJ
Rio Grande do Norte RN
Rio Grande do Sul RS
Rondonia RO
Roraima RR
Santa Catarina SC
Sao Paulo SP
Sergipe SE
Tocantins TO
 

Canada Province/Territory

Canada Province/Territory Abbreviation
Alberta AB
British Columbia BC
Manitoba MB
New Brunswick NB
Newfoundland and Labrador NL
Northwest Territories NT
Nova Scotia NS
Nunavut NU
Ontario ON
Prince Edward Island PE
Quebec QC
Saskatchewan SK
Yukon YT
 

Cuba Province

Cuba Province Abbreviation
Camaguey CG
Ciego de Avila CA
Cienfuegos CF
Ciudad de La Habana CH
Granma (Bayamo) GR
Guantanamo GT
Holguin HO
La Habana HA
Matanzas MT
Municipio Especial Isla de La Juventud IJ
Pinar del Rio PR
Sancti Spiritus SS
Santiago de Cuba SC
(Victoria de) Las Tunas LT
Villa Clara VC
 

Italy Province

Italy Province Abbreviation
Agrigento AG
Alessandria AL
Ancona AN
Aosta/Aoste AO
Arezzo AR
Ascoli Piceno AP
Asti AT
Bari BA
Belluno BL
Benevento BN
Bergamo BG
Biella BI
Bologna BO
Bolzano Bolzen BZ
Brescia BS
Brindisi BR
Cagliari CA
Caltanissetta CL
Campobasso CB
Caserta CE
Catania CT
Catanzaro CZ
Chieti CH
Como CO
Cosenza CS
Cremona CZ
Crotone KR
Cuneo CV
Enna EN
Ferrara FE
Firenze FI
Foggia FG
Forli FO
Frosinone FR
Genoa GE
Gorizia GO
Grosseto GR
Imperia IM
Isernia IS
L'Aquila AQ
La Spezia SP
Latina LT
Lecce LE
Livorno LI
Lodi LO
Lucca LU
Macerata MC
Mantova MN
Massa-Carrara MS
Matera MT
Messina ME
Milan MI
Modena MO
Napoli NA
Novara NO
Nuoro NU
Oristano OR
Padova PD
Palermo PA
Parma PR
Pavia PV
Perugia PG
Pesaro-Urbino PS
Pescara PE
Piacenza PC
Pisa PI
Pistoia PT
Pordenone PN
Potenza PZ
Prato PO
Ragusa RG
Ravenna RA
Reggio de Calabria RC
Reggio nell'Emilia RE
Rieti RI
Rimini RN
Roma RM
Rovigo RO
Salerno SA
Sassari SS
Savona SV
Siena SI
Siracusa SR
Sondrio SO
Taranto TA
Teramo TE
Terni TR
Torino TO
Trapani TP
Trento TN
Treviso TV
Trieste TS
Udine UD
Varese VA
Venezia VE
Verbania VB
Vercelli VC
Verona VR
Vibo Valentia VV
Vicenza VI
Viterbo VT
 

Mexico State

Mexico State Abbreviation
Aguascalientes AGS
Baja California Norte BCN
Baja California Sur BCS
Campeche CAM
Chiapas CHIS
Chihuahua CHIH
Coahuila COAH
Colima COL
Distrito Federal DF
Durango DGO
Guanajuato GTO
Guerrero GRO
Hidalgo HGO
Jalisco JAL
Mexico MEX
Michoacan MICH
Morelos MOR
Nayarit NAY
Nuevo Leon NL
Oaxaca OAX
Puebla PUE
Queretaro QRO
Quintana Roo QROO
San Luis Potosi SLP
Sinaloa SIN
Sonora SON
Tabasco TAB
Tamaulipas TAMPS
Tlaxcala TLAX
Veracruz VER
Yucatan YUC
Zacatecas ZAC
 

The Netherlands Province

The Netherlands Province Abbreviation
Drenthe DR
Flevoland FLD
Friesland FR
Gelderland GLD
Groningen GN
Limburg LB
North Brabant NB
North Holland NH
Overijssel OV
South Holland ZH
Utrecht UT
Zeeland SLD