4.19.3 IMF Automated Underreporter Program

Manual Transmittal

October 07, 2019

Purpose

(1) This transmits revised IRM 4.19.3, Liability Determination, IMF Automated Underreporter Program.

Material Changes

(1) IRM 4.19.3.2(12) - new note; Form 872A, Special Consent to Extend the Time to Assess Tax, must have HQ Policy approval prior to issueance

(2) IRM 4.19.3.2 (13) New - directs usage of IDRS research, section renumbered

(3) IRM 4.19.3.2.1(2) - removed; in accordance with your local procedures and added; instruction

(4) IRM 4.19.3.2.7 - new subsection titled "Tax Cuts and Jobs Act (TCJA) enacted December 2017"

(5) IRM 4.19.3.3.5(1) - changed 2008 to 2009 and 2007 to 2008

(6) IRM 4.19.3.4.1(1) - removed; local management can determine whether to print reports, added; print report

(7) IRM 4.19.3.4.1(5)note - removed; local management can determine whether to print reports, added; print report

(8) IRM 4.19.3.4.3.2(4),(5) and(14) - removed word local when referring to FRP Coordinator

(9) IRM 4.19.3.4.3.2 (9)a removed - During the screening phase, close case using PC28

(10) IRM 4.19.3.5 - removed; word "local" when referring to paragraphs

(11) IRM 4.19.3.5(10) - revised for clarity to add; or any type of goods or services and is to be treated as ordinary income

(12) IRM 4.19.3.5(10) caution - revised to include time;≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(13) IRM 4.19.3.5.8.3(1)1) - added PC 0F for identifying a fraud referral during screening

(14) IRM 4.19.3.5.8.3(4) step 2 - removed; following local procedures

(15) IRM 4.19.3.5.8.3(5) step 4 - removed; following local procedures

(16) IRM 4.19.3.5.10 - added new subsection for Limitation on Business Losses

(17) IRM 4.19.3.5.11 - added new subsection for Limitation on Business Losses Responses

(18) IRM 4.19.3.5.11.1.2(1) step 1 - removed wording "your local"

(19) IRM 4.19.3.6(1) - deleted reference to 2016 and subsequent;

(20) IRM 4.19.3.6.1(4) - deleted reference to 2016 and subsequent;

(21) IRM 4.19.3.8.1.3(1) - removed reference to self employed to read; Statutory employees are independent contactors

(22) IRM 4.19.3.8.2.1(5)b removed reference to line 7 and added the appropriate line

(23) IRM 4.19.3.8.2.2 - new (2) for TPs eligible to exclude qualified adoption expenses

(24) IRM 4.19.3.8.3.3(5) - added table to display appropriate paragraphs to send by tax year

(25) IRM 4.19.3.8.4.5(6) - deleted, renumbered remainder of subsection

(26) IRM 4.19.3.8.6.1(4) - added Note for restrictions in use for tax year 2018

(27) IRM 4.19.3.8.6.2(2) a - added a 2nd Note for restrictions in use for tax year 2018

(28) IRM 4.19.3.8.7.1(3)a), b) cautions - revised to include time;≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(29) IRM 4.19.3.8.7.2(3) - added or "Schedule D/Form 8949"

(30) IRM 4.19.3.8.10(4) - new for Tax years 2018 and subsequent, renumbered remainder of subsection

(31) IRM 4.19.3.8.10.2(6)a - removed references to ESOP, TRAYSOP, PAYSOP, type of plans no longer apply

(32) IRM 4.19.3.8.10.3(3) - new for identifying line numbers by "gross pensions and annuities line of the return" and "taxable pensions and annuities line of the return" , renumbered remainder of the subsection

(33) IRM 4.19.3.8.10.3 through 4.19.3.8.10.9 - replaced line numbers with taxable pensions and annuities line of the return and/or gross pensions and annuities line of the return where appropriate

(34) IRM 4.19.3.8.10.3(7) - deleted "Tax year 2016 and subsequent"

(35) IRM 4.19.3.8.10.3(8) - deleted "For Tax year 2016 and subsequent"

(36) IRM 4.19.3.8.10.4 - added new (3) and Note for Qualified loan offset distributions (COD M)

(37) IRM 4.19.3.8.10.7(7) and(9) note - added Note to indicate traditional IRA or Roth IRA from any other eligible retirement plan to a Roth IRA cannot be recharaterized

(38) IRM 4.19.3.8.11.1(1) g - added Note for restrictions in use for tax year 2018

(39) IRM 4.19.3.8.11.1(2)a - revised to include; court decision Squire v. Capoeman (351 US 1)

(40) IRM 4.19.3.8.11.1(2)a note - revised to remove raising crops and added sale of crops, livestock raised on land

(41) IRM 4.19.3.8.18.1(3) c - added Note for restrictions in use for tax year 2018

(42) IRM 4.19.3.8.18.1(4) - removed; for example, the TP claimed fair market value)

(43) IRM 4.19.3.8.18.2(5) b - added Note to indicate legal fees can not be deduction beginning with tax year 2018

(44) IRM 4.19.3.8.20.1(10) - deleted, renumbered remainder of subsection

(45) IRM 4.19.3.8.20.1(10) - removed reference to January 1, 2017 and added January 1, 2018

(46) IRM 4.19.3.8.23.1 - added new (6) and bullet list for Qualified Opportunity Fund (QO Fund), renumbered remainder of the subsection

(47) IRM 4.19.3.8.25.1 - added new (4) and bullet list for Qualified Opportunity Fund (QO Fund), renumbered remainder of the subsection

(48) IRM 4.19.3.8.25.1(5)d - added The REAL transaction invested in a QO Fund is reported on Form 8949 or Schedule D for clarity

(49) IRM 4.19.3.8.32.1(2) revised to remove; working overseas, added; If TP does not report earned income or only partially reported income, pursue the issue

(50) IRM 4.19.3.8.32.2(6) removed; Include special paragraph added; Paragraph 84 automatically generates. Toggle off in summary if not applicable

(51) IRM 4.19.3.8.33(2) - revised verbiage to clarify a non-resident aliens income that is connected with U.S. trade or business

(52) IRM 4.19.3.9.3 removed; Qualified Plan Keogh from title, section is for SEP and Simple

(53) IRM 4.19.3.9.3.1 - removed Keogh from title, section is for SEP and Simple - Analysis

(54) IRM 4.19.3.9.5.1(5) - added new (5) to create an IR for unsubstantiated EWPEN

(55) IRM 4.19.3.9.6.3(11) - revised to address extensions

(56) IRM 4.19.3.9.8 - changed title to read "Tuition and Fees Deduction (TUTFE) - Tax Years 2017 and Prior"

(57) IRM 4.19.3.9.8(6) - added Note indicating not valid for tax year 2018

(58) IRM 4.19.3.9.8.1 - changed title to read "TUTFE - Responses - Tax Years 2017 and Prior"

(59) IRM 4.19.3.9.9(1) - added 2nd Note for DPAD repealed with limited exceptions

(60) IRM 4.19.3.10 (5) - added Note for personal exemptions no longer allowed

(61) IRM 4.19.3.11 - new (2) to include TCJA for itemized deductions

(62) IRM 4.19.3.11.1(1) - added Note for TCJA eliminating several itemized deductions

(63) IRM 4.19.3.11.1(11) and (13) removed reference to exhibit for paragraphs

(64) IRM 4.19.3.11.3 - changed title to read "Mortgage Insurance Premiums - Tax Years 2017 and Prior"

(65) IRM 4.19.3.11.3.1 - changed title to read "MIP Responses - Tax Years 2017 and Prior"

(66) IRM 4.19.3.12 - new subsection titled "Qualified Business Income Deduction (QBID) - Tax Years 2018 and Subsequent"

(67) IRM 4.19.3.12 - new subsection titled "QBID Responses - Tax Years 2018 and Subsequent" , renumbered remaining subsections

(68) IRM 4.19.3.13(2) - revised to indicate check box for spouse itemizes or dual-status alien box is in the entity portion of return for tax years 2018 and subsequent

(69) IRM 4.19.3.13(3) b - revised to indicate born before January 2, 1954 and check box for spouse itemizes or dual-status alien box is in the entity portion of return for tax years 2018 and subsequent

(70) IRM 4.19.3.15.4(3) f, Note - revised to indicate check box for qualifying children is in the Dependents section of the return

(71) IRM 4.19.3.15.4(8) b, Example - revised to indicate check box for qualifying children is in the Dependents section of the return

(72) IRM 4.19.3.15.4(11) a - revised to indicate check box for qualifying children is in the Dependents section of the return

(73) IRM 4.19.3.15.4.1 - new subsection titled "Other Dependent Credit (ODC) - Tax Years 2018 and Subsequent"

(74) IRM 4.19.3.15.5(3) and (4) note - revised to read; Add excluded foreign earned income/housing cost amount to the AGI per return to determine MAGI

(75) IRM 4.19.3.15.5(5) 2nd note - revised to remove qualifying expenses and added; allow the TP to claim the greater of the two credits if the TP is otherwise eligible for both credits for the student

(76) IRM 4.19.3.15.5(5) table - removed; their portion of the credit and added; related credits

(77) IRM 4.19.3.15.5.1(5) table - removed; their portion of the credit and added; related credits

(78) IRM 4.19.3.16(2), 11th and 12th bullet - deleted reference to 2013 and subsequent

(79) IRM 4.19.3.16.2(1) - revised to state; calendar month

(80) IRM 4.19.3.16.2(7)b - removed; ESOP, TRASOP, PAYSOP, Thift plan, Savings Plan, Incentive Plan and added 401(k) or a 403(b) plan

(81) IRM 4.19.3.16.2(7)j - removed; must be held for more than two years

(82) IRM 4.19.3.16.3.(7)b - revised to include; federal law enforcement officers, customs and border protection officers, federal fire fighters and air traffic controllers

(83) IRM 4.19.3.16.3.(7)p - added to include; There is an indication the TP is a federal employee receiving a phased retirement annuity

(84) IRM 4.19.3.16.5(5)note - included or Excess Business Losses

(85) IRM 4.19.3.16.10(1) - deleted reference to tax year 2014

(86) IRM 4.19.3.16.11(1) - revised to read "The Affordable Care Act mandated individuals must either" :

(87) IRM 4.19.3.16.11(5) - deleted reference to tax year 2015, 2016 and 2017

(88) IRM 4.19.3.16.12(1) f and g - deleted reference to tax year 2013 and subsequent

(89) IRM 4.19.3.16.12(6) - deleted reference to tax year 2014

(90) IRM 4.19.3.17.1.4(1) - revised to indicate due to ACA and to include Additional Medicare Tax

(91) IRM 4.19.3.17.3(8) table - added Note for tax year 18 taxpayers enters "NCP" and the amount

(92) IRM 4.19.3.17.3(9) - removed; Icnome excluded per Notice 2014-7(may be referred to as Medicare waiver or difficulty of care payments IHSS)

(93) IRM 4.19.3.17.6(1) - deleted reference to tax year 2014

(94) IRM 4.19.3.18.1(7)exception - removed; follow local procedures to complete the FTF Penalty Worksheet

(95) IRM 4.19.3.18.2(2) - deleted "and prior"

(96) IRM 4.19.3.18.5(2) - revised to include the greater of 10 percent OR is greater than $5,000

(97) IRM 4.19.3.18.10(8) and (10) - added IPC CR and DR

(98) IRM 4.19.3.20.3(2) a - added Note for IPC CR

(99) IRM 4.19.3.20.3(2) h - added Note for IPC DR with indicator 0

(100) IRM 4.19.3.20.3(3)c - removed: other sort codes may be designated by local management

(101) IRM 4.19.3.20.3(4) Note - deleted reference to tax year 2014

(102) IRM 4.19.3.20.3(7) c Note - deleted reference to tax year 2013

(103) IRM 4.19.3.20.3(16) Exception - deleted reference to tax year 2013

(104) IRM 4.19.3.20.3(18) Exception - deleted reference to tax year 2013

(105) IRM 4.19.3.21.1(5) table - 3rd row removed; follow local procedures if TE doesn’t have access to AMS, 2nd note revised; Research AMS/CIS for IDT documents

(106) IRM 4.19.3.21.1(10)b - removed; word "local" revised to read refer to Bankruptcy Coordinator

(107) IRM 4.19.3.22.1(3)c - reworded; transfer the case to a designated UID

(108) IRM 4.19.3.22.1(6) - deleted Beginning October 1, 2015

(109) IRM 4.19.3.22.1(6) - revised to include; any type of goods or services and is to be treated as ordinary income

(110) IRM 4.19.3.22.1(6) caution - revised to include; ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(111) IRM 4.19.3.22.1.2 - new (5) and reminder to state; Do not request Form 843 and AUR does not abate interest

(112) IRM 4.19.3.22.1.3(5) - removed; "with the locally UID" and reworded; TE designated to work ARDI cases, take following action

(113) IRM 4.19.3.22.1.4(4) note - revised to include send paragraph 170 for negligence penalty or send paragraph 179 for substantial understatement

(114) IRM 4.19.3.22.1.5(1) b - changed 2005 to 2009

(115) IRM 4.19.3.22.1.5(1) reminder - revised to all responses to AUR are worked on a first in, first out basis. Control AUR Recon cases on IDRS

(116) IRM 4.19.3.22.1.8.1.1 - deleted subsection, obsolete, renumbered remaining subsections

(117) IRM 4.19.3.22.1.8.1.1 - revised title to read "Responses - Petitioning Spouse (PS) and Non-petitioning Spouse (NPS) - Docketed Cases"

(118) IRM 4.19.3.22.1.8.1.1(1) - deleted, renumbered remainder of subsection

(119) IRM 4.19.3.22.1.8.1.1(3) - new for research, renumbered remainder of subsection

(120) IRM 4.19.3.22.1.8.1.1(3) - exception - revised to indicate ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(121) IRM 4.19.3.22.1.8.1.1 (4) - new for NPS is deceased, renumbered remainder of subsection

(122) IRM 4.19.3.22.1.8.1.1(15) - added IPC DR

(123) IRM 4.19.3.22.1.10.1(1) - removed; wording "the local" to read; transfer case to AUR Bankruptcy Coordinator

(124) IRM 4.19.3.22.1.10.1(2) - removed; word" local" to read; Provide AUR Coordinator with a print

(125) IRM 4.19.3.22.1.10.1(3) note - removed; word" local" to read; Provide AUR Coordinator with a print

(126) IRM 4.19.3.22.1.10.2(7) - removed; word" local " to read; Insolvency contacts the AUR Bankruptcy Coordinator

(127) IRM 4.19.3.22.1.10.2(16) - removed; word local to read; Bankruptcy Status listing is available to assist the AUR Bankruptcy Coordinator

(128) IRM 4.19.3.22.1.11(1) - revised and added new note to include information for Sinai Peninsula

(129) IRM 4.19.3.22.1.11(1) table - added; combat exit codes

(130) IRM 4.19.3.22.1.14.1(2)e - removed; word" local" to read; Prepare Form 4442 and route to AM

(131) IRM 4.19.3.22.1.15 - added new note; leave a case note documenting the actions when processing manual refunds

(132) IRM 4.19.3.22.1.15(3)c 2nd note - removed; If an AUR site reports to a Directorship where manual refunds have been centralized, follow local procedures

(133) IRM 4.19.3.22.1.18.1 - deleted subsection, obsolete, renumbered remaining subsections

(134) IRM 4.19.3.22.1.18.1(1) - deleted, renumbered remainder of subsection

(135) IRM 4.19.3.22.1.18.1(1) - added bullet list and Note for updating address

(136) IRM 4.19.3.22.1.19(5) table. 2nd then box, step 3 - added Note for IPC CR in tax year 2018

(137) IRM 4.19.3.22.1.19(5) table. 4th then box - added Note for IPC DR

(138) IRM 4.19.3.22.1.19(8) step 3, Caution - added IPC CR and DR

(139) IRM 4.19.3.22.1.26.2(2) table - removed; follow local procedures if TE doesn’t have access to AMS, revised; Research AMS/CIS for IDT documents

(140) IRM 4.19.3.22.1.26.2(3) table - removed; follow local procedures if TE doesn’t have access to AMS, revised; Research AMS/CIS for IDT documents

(141) IRM 4.19.3.22.1.26.3 table - removed; follow local procedures if TE doesn’t have access to AMS, revised; Research AMS/CIS for IDT documents

(142) IRM 4.19.3.22.2.2.1(4) revised; clear and concise notification of a new address and see Rev. Proc. 2010-16 for what constitutes clear and concise notification

(143) IRM 4.19.3.22.2.3 - removed; follow local procedures and revised instruction

(144) IRM 4.19.3.22.2.4(2) - added; FOIA requests should reasonably identify the documents sought and tax years

(145) IRM 4.19.3.22.2.5(7)3) - removed; follow local procedures and revised instruction

(146) IRM 4.19.3.22.3.1.1(2)a - removed; food and added; meat, vegetables, fruit, bakery products

(147) IRM 4.19.3.22.3.1.2(1) Note - revised to indicate mock 2441 should be completed to determine if taxpayer still qualifies for child care credit

(148) IRM 4.19.3.22.3.6(4)c - added to address if TP indicates they qualify for a waiver under Rev Proc 2016-47

(149) IRM 4.19.3.22.3.6(4)c - added new Note to address extended rollover timeframe

(150) IRM 4.19.3.22.3.6(4)d - deleted reference to tax year 2016

(151) IRM 4.19.3.22.3.6(4)t - deleted; ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(152) IRM 4.19.3.22.3.6(6) - added new Exception to address outstanding plan offset

(153) IRM 4.19.3.22.3.6(9) - added Note to indicate traditional IRA or Roth IRA from any other eligible retirement plan to a Roth IRA cannot be recharaterized

(154) IRM 4.19.3.22.3.13(1) - revised to provide IRM references for NEC and MERCH can be reported, deleted bullet list

(155) IRM 4.19.3.22.3.13(5) a - revised to indicate expenses can be claimed on Schedule A for tax year 2017 and prior

(156) IRM 4.19.3.22.3.16(7) - added bullet for ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(157) IRM 4.19.3.22.3.17(3) - removed a) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ added (j) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(158) IRM 4.19.3.22.3.18(3) - added new bullet ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

(159) IRM 4.19.3.22.3.19(1)a Note - added" (Form 8917 is valid for tax years 2017 and prior)"

(160) IRM 4.19.3.22.3.22(1)4) - removed; either the Chief Classification or to the Chief, Planning and Special Programs(PSP) for review per local procedures, revised to read; forward the completed Form 5346to Examination

(161) IRM 4.19.3.22.3.23(8) step 2 - changed 2005 to 2009

(162) IRM 4.19.3.22.4(4) Note - deleted reference to tax year 2015

(163) IRM 4.19.3.22.5(4) - removed follow local procedures and revised instruction

(164) IRM 4.19.3.22.5(5) - removed; wording "a locally" , revised to read; Transfer case to a designated UID

(165) IRM 4.19.3.22.5(10) - removed; up to a locally determined date

(166) IRM 4.19.3.22.5.1 - deleted subsection, obsolete, renumbered remaining subsections

(167) IRM 4.19.3.22.5.1 - revised title to read "Responses – Married Filing Joint – Single Signature on Consent"

(168) IRM 4.19.3.22.5.1(1) - deleted; obsolete, renumbered remainder of subsection

(169) IRM 4.19.3.22.6 - complete revision of subsection to include information for new IPC CR and DR

(170) IRM 4.19.3.22.6(4) - removed; follow local procedures, revised to read; transfer case to designated UID

(171) IRM 4.19.3.22.6(14) - added new note; leave a case note documenting the actions when processing manual refunds

(172) IRM 4.19.3.22.6.1(2) - removed; follow local procedures, revised to read; transfer case to designated UID

(173) IRM 4.19.3.22.6.1(2) Note - added IPC CR and DR

(174) IRM 4.19.3.22.6.1(3) c - added IPC CR

(175) IRM 4.19.3.22.6.1(3) f - added IPC DR

(176) IRM 4.19.3.22.6.1(6) a - added IPC DR

(177) IRM 4.19.3.22.6.1(8) table, last IF box - added IPC DR

(178) IRM 4.19.3.22.8(8) - removed; wording "locally" , revised to read there are designated letters

(179) IRM 4.19.3.22.10(3) - removed; locally determined date

(180) IRM 4.19.3.22.10(4) - added Note for PC 53 and IPC CR

(181) IRM 4.19.3.22.10(4) 5th bullet - added Exception for PC 53 preceding by IPC CR

(182) IRM 4.19.3.22.10(4) Note after bullet list - deleted reference to tax year 2015

(183) IRM 4.19.3.22.10(9) - added new note; leave a case note documenting the actions when processing manual refunds

(184) IRM 4.19.3.22.10.1.1 - revised title to read "The MFT 31 Assessment Window"

(185) IRM 4.19.3.22.10.2 - deleted subsection; obsolete, renumbered remaining subsections

(186) IRM 4.19.3.22.11(18) - revised to expand on process for input of TC560

(187) IRM 4.19.3.22.11.2 - new subsection for procedures for Non-Statutory Items, renumbered remaining subsections

(188) IRM 4.19.3.22.11.2(1) note - removed; follow local procedures, revised to read; transfer case to designated UID

(189) IRM 4.19.3.24.2(16) - revised to expand on process for input of TC560

(190) IRM 4.19.3.24.2(6) - removed; in accordance with local classified waste procedures

(191) IRM 4.19.3.24.2(12) - removed; in accordance with local classified waste procedures

(192) IRM 4.19.3.24.2.1(3) Note - deleted reference to tax year 2015

(193) IRM 4.19.3.24.2.3 - new subsection for procedures for Confirmation Receipt of Prompt Assessment Fax, renumbered remaining subsections

(194) IRM 4.19.3.25.5(3) - deleted reference to 02-24-2014

(195) IRM 4.19.3 25.5.5(1) last bullet - added IPC CR and DR

(196) IRM 4.19.3.25.5.5(2) first bullet - added IPC 0F

(197) IRM 4.19.3 25.5.7(2) - added IPC CR

(198) IRM 4.19.3.25.11(3) - removed; locally determined date

(199) IRM 4.19.3.26.3(4) a - changed 2008 to 2009

(200) IRM 4.19.3.26.3(4) b - changed 2007 to 2008

(201) IRM 4.19.3.26.3.1(1) - changed 2008 to 2009

(202) IRM 4.19.3.26.3.2 - removed; and follow local routing procedures

(203) IRM 4.19.3.26.5(2) - added new note; leave a case note documenting the actions when processing manual refunds

(204) IRM 4.19.3.26.6 - removed; and follow local routing procedures

(205) IRM 4.19.3.26.10 - added new note; leave a case note documenting the actions when processing manual refunds

(206) IRM 4.19.3.27.3(3) table - deleted 2008, added 2018

(207) IRM 4.19.3.27.4(1) table - deleted reference to UPC 187-0 and follow local campus procedures

(208) Exhibit 4.19.3-1 - deleted acronym and definition for ATTFEE; added acronym and definition for OTPOR, QBID, and TCJA

(209) Exhibit 4.19.3-3 - added IPC and definitions for 0F, CR, and DR

(210) Exhibit 4.19.3-6 - added information for new codes C and M, expanded for code U

(211) Exhibit 4.19.3-7 - updated various paragraphs to reflect current year verbiage

(212) Exhibit 4.19.3-8 - added table to show tax year and limits; updated limits for at least age 50

(213) Exhibit 4.19.3-8 2nd table - added Note for code P; added new codes GG and HH and their definitions

(214) Exhibit 4.19.3-12 - added" tax year 2017 and prior" for Form 1040A and Form 1040EZ; added new Forms 461, 1099-LS and Schedules 1 - 6,

(215) Exhibit 4.19.3-13 - changed title to read "AUR Reconsideration Recon Codes - TY 2015 and prior"

(216) Exhibit 4.19.3-18 - revised to indicate variations of literals may display, list is not inclusive

(217) Changes were made throughout the IRM, as follows:

  • Updated money amounts to include TY 2018 amounts and remove TY 2015 amounts

  • Updated form line/column numbers to include TY 2018 line numbers and remove TY 2015 line numbers (added tables where appropriate)

  • Updated dates to include TY 2018 and remove TY 2015 dates

  • Added "Tax year 2017 and prior" and/or "TY 2018 and subsequent" where appropriate

  • When Form 1040A or Form 1040EZ are mentioned, added "valid for tax years 2017 and prior"

  • Removed all references to Qualified Keogh Plan and Keogh throughout the IRM, Keogh Plan is no longer applicable and changed to "qualified plan" , which is covered throughout the IRM.

Effect on Other Documents

IRM 4.19.3, effective 09/30/2019, for Tax Years 2016, 2017 and 2016 supersedes IRM 4.19.3 effective 09/30/2018 for Tax Years 2017, 2016 and 2015. The following IRM Procedural Updates are incorporated: IPU 18U1314 (dated 10-10-2018), IPU 18U1453 (dated 11-14-2018), IPU 18U1528 (dated 12-13-2018), IPU 19U0296 (dated 03-07-2019).

Audience

AUR tax examiners at Small Business/Self-Employed sites

Effective Date

(10-07-2019)

Maha L. Williams
Director, Exam Field and Campus Policy
Small Business Self-Employed

Program Scope and Objectives

  1. Purpose. This IRM section describes technical procedures for the Small Business/Self Employed (SB/SE), Individual Master File (IMF) Automated Underreporter Program (AUR). Specifically, IRM 4.19.3:

    1. Includes procedures for analysis and comparison of tax returns to third party information return documents.

    2. Outlines instructions for issuing AUR notices.

    3. Provides guidance for processing taxpayer written and telephone responses.

    4. Includes processes for AUR assessments.

    5. Provides instructions for reconsideration of AUR assessments.

  2. Audience. These procedures apply to all tax examiners who work in SB/SE IMF AUR.

  3. Policy Owner. The IMF AUR Program is under Small Business/Self-Employed Operations, Examination, Field and Campus Policy.

  4. Program Owner. IMF AUR Policy, which is under Examination, Field and Campus Policy, is responsible for providing guidance and procedures to work the IMF AUR Program, for the content of this IRM, and for oversight of the AUR system.

Background

  1. Potential AUR cases are systemically identified through computer matching of tax returns with corresponding Information Returns Master File (IRMF) payer information documents. Cases are selected for inventory in a manner determined to provide overall compliance coverage. Selected cases undergo an in-depth review by a tax examiner to identify underreported and/or over-deducted issues which require further explanation to resolve the discrepancy.

Authority

  1. Chapter 61 of the Internal Revenue Code (Information and Returns), Subchapter A (Records and Returns), Part III (Information Returns), sections 6031 – 6059, contain the requirements for the filing of information returns for income reporting purposes. Rev. Proc. 2005-32 classifies taxpayer contacts to verify a discrepancy between the taxpayer’s tax return and an information return, or between a tax return and information otherwise in the Service’s possession as taxpayer contacts and other actions not considered an examination, inspection or reopening.

Responsibilities

  1. The Director, Exam Field and Campus Policy, Small Business/Self Employed, is the executive responsible for the IMF AUR Program.

  2. The AUR Program Manager, Headquarters Exam Operations, Field and Campus Policy, IMF AUR Policy is responsible for IMF AUR policy and for providing guidance for the AUR Program.

Program Reports

  1. AUR inventory is monitored and managed using a series of specific, detailed reports accessed through the AUR system.

  2. IDRS reports applicable to AUR cases are accessed and monitored through the use of the Control-D reporting system.

Terms

  1. Terms used in this IRM are listed and defined in Exhibit 4.19.3-2, Glossary.

Acronyms

  1. Acronyms used in this IRM are listed and defined in Exhibit 4.19.3-1, Abbreviations.

Related Resources

  1. Internal Revenue Manuals and publications which may be helpful if in-depth research is needed to resolve unusual technical issues not covered in AUR instructions are listed in IRM 4.19.3.2.3(2), Related IRMs and Publications.

Overview of IMF Automated Underreporter

  1. This manual provides instructions for Automated Underreporter (AUR), the automated analysis and processing of potential underreported (U/R) and/or over-deducted (O/D) issues identified through information return (IR) matching.

  2. AVOID "AUDITING" RETURNS. All returns in the AUR inventory were previously screened for unallowable items and audit potential. They were not selected for action in either event. See IRM 4.19.3.22.1 (1), Taxpayer Responses - Overview.

  3. Underreporter cases are built from two primary sources:

    • The Individual Master File (IMF) which contains information reported to IRS by TPs

    • The Information Returns Master File (IRMF)

  4. The IMF file contains information reported on:

    • Form 1040, U.S. Individual Income Tax Return

    • Form 1040A, U.S. Individual Income Tax Return

    • Form 1040EZ, Income Tax Return for Single or Joint Filers with No Dependents

      Note:

      When referenced throughout the IRM, Form 1040A and Form 1040EZ are valid for Tax Year 2017 and prior.

  5. The IRMF information is matched with the IMF information to verify the TP reported all income as required. An AUR case results when computer analysis detects a discrepancy between the two data sources. Information in the IRMF file includes, but is not limited to:

    • Form W-2, Wage and Tax Statement

    • Form 1099-INT, Interest Income

    • Form 1099-DIV, Dividends and Distributions

  6. The information documents in the Form W-2 series (and Form 1099 if tax was withheld) should be attached to the tax return when it is filed.

  7. TPs need not attach information documents in the Form 1099 (unless tax was withheld as noted above), Schedule K-1, Form 1098, and Form 5498 series to the return when it is filed.

  8. Discrepant cases are then categorized by type (for example, wage, dividend, interest discrepancy) and underreported range (for example, $200-499.99 tax change). These categories provide a logical system of criteria to select cases from the available inventory.

  9. After cases are selected from the inventory, they are worked according to procedures in this IRM.

  10. AUR Operations at seven campuses compile and control selected cases.

    1. Enterprise Computing Center at Martinsburg (ECC-MTB) sends tape information from the IRMF, Return Transaction File (RTF), Taxpayer Information File (TIF), and Payer Agent file. See IRM 4.19.3.6, Payer Agent/Fraud Information, for additional information on the Payer Agent file. This information downloads to the AUR system.

      Note:

      Data from the TIF and Payer Agent file is updated weekly.

    2. A computer tape containing Form 4251, Return Charge-Out, data prints on a Campus printer. Each Form 4251 contains a social security number (SSN), tax year, and other case identification information, represented in a bar code and numeric format.

      Note:

      A Form 4251 will not be printed for Electronically Filed Returns (ELF) or Form 1040EZ (EZ applies to tax years 2017 and prior).

    3. Federal Records Center (FRC) pulls and forwards returns to the Campus Files function for routing to Underreporter.

    4. Returns are controlled into the AUR system by scanning the bar code.

    Note:

    Electronically Filed Returns/Form 1040EZ (ELF/EZ) (EZ applies to tax years 2017 and prior) are considered virtual cases and are systemically built into screening batches.

  11. Tax examiners perform an in-depth analysis of each case and determine if the discrepant income or deduction(s) in question are satisfactorily identified or addressed on the tax return. If so, they close the case. If reasonable doubt remains, they send the TP either:

    • An AUR Notice, CP 2000 or

    • An Initial Contact Letter, CP 2501

    Note:

    The system auto generates CP 2000 Notices for select income categories.

  12. At times HQ may issue specialized case processing procedures and/or direct a hold in case processing. These directives supersede normal AUR case processing procedures and all case processing time frames are suspended and do not apply.

    Note:

    Form 872A, Special Consent to Extend the Time to Assess Tax, must have HQ Policy approval prior to issuance.

  13. AUR is a self-contained system that displays all necessary information to process a case without accessing other systems. IDRS use should be limited to instances when this IRM directs such research.

  14. Process codes (PC) are used to provide an audit trail for AUR case processing. Integrated Data Retrieval System (IDRS) reflects PCs as pending actions until they post to the Master File.

    1. PC 0X (except 09) is computer generated to designate how and by which organization the case has been selected. PC 09 establishes an IDRS control base and reflects CP 2000 interest as pending.

    2. PC 20 adjusts Withholding (W/H), Excess Social Security/Railroad Retirement Tax (SSTAX) and Additional Medicare Tax withheld (MCTXW) only. A Letter 2893C is sent to advise the TP, as outlined in IRM 4.19.3.17.1.2 , Withholding - Miscellaneous, IRM 4.19.3.17.2 , Social Security Tax/Tier 1 Railroad Retirement Tax, and IRM 4.19.3.17.1.4 , Additional Medicare Tax (Withholding Reconciliation).

    3. PC 30 establishes an IDRS control base whenever a CP 2501 is generated.

    4. PC 55 updates an IDRS control base when a CP 2000 is generated. An amended CP 2000 Notice also updates the existing IDRS control base.

    5. PC 75 and 77 updates the IDRS control base when a Statutory Notice of Deficiency (A CP 3219A and Form 5564, Notice of Deficiency - Waiver) is issued/generated.

    6. Other PCs are input during AUR processing. Select pc looKup in the Analysis Menu from the Case Analysis Screen. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Process Codes (PC).

  15. Internal process codes (IPC) are codes used in AUR processing and do not post to IDRS. See Exhibit 4.19.3-3, AUR Internal Process Codes.

  16. See Exhibit 4.19.3-1, Abbreviations (also see Glossary) and Exhibit 4.19.3-2, Glossary, for a list of abbreviations and definitions used in AUR processing.

  17. See Exhibit 4.19.3-12, Titles of Forms and Schedules, for a complete list of Forms and their titles.

Taxpayer Advocate Service (TAS)

  1. Even though the IRS strives to improve its systems and provide better service, some TPs still have difficulty in getting solutions to their problems or appropriate responses to their inquiries. The purpose of the Taxpayer Advocate Service (TAS) is to give TPs someone to speak for them within the Service - an Advocate. TAS is an independent organization within the IRS whose employees assist TPs who are experiencing economic harm, who are seeking help in resolving tax problems that have not been resolved through normal channels, or who believe that an IRS system or procedure is not working as it should.

  2. Refer TPs to the Taxpayer Advocate Service (TAS) (see IRM Part 13, Taxpayer Advocate Service) when the contact meets TAS criteria (see IRM 13.1.7, Taxpayer Advocate Service (TAS) Case Criteria) and you cannot resolve the TP's issue the same day. The definition of "same day" is within 24 hours. "Same day" cases include cases you can completely resolve within 24 hours, as well as cases in which you have taken steps within 24 hours to begin resolving the TP's issues. Do not refer these cases to TAS unless they meet TAS criteria and the TP asks to be transferred to TAS. Refer to IRM 13.1.7.4, Same Day Resolution by Operations. When referring cases to TAS, use Form 911, Request for Taxpayer Advocate Service Assistance (and Application for Taxpayer Assistance Order), and forward to TAS. In addition provide the TP with the number for the National Taxpayer Advocate (NTA) toll-free line, 877-777-4778 or TDY/TDD 800-829-4059 and advise the TP that TAS is available if they are not satisfied with the service he or she received.

    Note:

    It is important that all IRS employees handle cases with the TP's best interest in mind.

Taxpayer Rights Background and Importance of the Statutory Notice of Deficiency
  1. TPs have the right to appeal an IRS decision in an independent forum. TPs generally have the right to take their cases to court. TPs also have the right to be informed. That is, they are entitled to clear explanations. Because the right to petition the U.S. Tax Court is a critical entitlement for TPs, it is important that employees understand and educate TPs about the foundation and impact of this right on TPs and the IRS.

  2. A Notice of Deficiency (NOD), also called a Statutory Notice of Deficiency (Stat), SNOD or "90-Day Letter," is the legal notice in which the Commissioner determines the TP’s tax deficiency. IRC 6212, IRC 6213, IRC 6214, and IRC 6215 require that the IRS issue a Stat before assessing additional income tax, estate tax, gift tax, and certain excise taxes unless the TP agrees to the additional assessment. The Stat is a legal determination that is presumptively correct and consists of the following:

    1. A letter explaining the purpose of the notice, the amount of the deficiency, and the TP’s options.

    2. A waiver to allow the TP to agree to the additional tax liability.

    3. A statement showing how the deficiency was computed.

    4. An explanation of the adjustments.

  3. The purpose of the Stat is to:

    1. Ensure the TP is formally notified of the IRS’ intention to assess a tax deficiency.

    2. Inform the TP of the opportunity and right to petition the U.S. Tax Court to dispute the proposed adjustments.

  4. A Stat is issued for unagreed deficiencies of income, estate, or gift tax liabilities as well as for certain excise taxes.

  5. The Stat must provide the TP with notice of the Commissioner’s basis for determining the proposed deficiency.

  6. IRC 6212 requires that the IRS issue this notice to the TP’s last known address by certified or registered mail. Once the IRS issues this notice, the TP has 90 days (150 days if the Stat is addressed to a person outside the United States) from the date the Stat is mailed to file a petition in the U.S. Tax court. This 90-day (or 150 day) period is statutory and IRS employees cannot extend it.

  7. If the TP does not petition the U.S. Tax Court within the 90 days (or 150 days), the IRS is permitted to assess the deficiency, plus any additions to tax, after the 90 days (or 150 days) have passed. Although the IRS does permit reconsideration of examination assessments in some situations, the TP loses significant administrative and judicial avenues to dispute the IRS’ decision if he/she does not file a petition. Therefore, it is critical that IRS employees understand the importance of the Stat and be able to explain its ramifications to TPs. The U. S. Tax Court website (www.ustaxcourt.gov) provides substantial information on the petition process.

  8. If the TP does petition the U. S. Tax Court within the 90 days (or 150 days), the IRS is prohibited from making the assessment until after the court enters a decision. Once the TP petitions, the IRS will usually send the case to Appeals to try to settle the case prior to the U.S. Tax Court hearing date unless the TP has already been through the IRS’ administrative appeal process.

Statute Awareness Program

  1. The Statute Awareness Program was created to minimize barred assessments and erroneous abatements. Because of the time involved in the processing of AUR issues, AUR employees must be particularly watchful for conditions that may indicate statute imminent cases.

  2. If the case is Statute imminent take the appropriate actions to prevent a barred assessment. If the case is identified during a phone call and the case belongs to another site, notify the Site immediately of the imminent statute (in other words, phone call, email, fax statute referral, etc.).

  3. Although the system generates the Statute Listing on a weekly basis to alert management to statutes in danger of expiring, employees must be personally knowledgeable of the rules that govern the assessment statute expiration date (ASED). These rules are outlined in IRM 25.6, Statute of Limitations.

    Note:

    The ASED can be found in the STATUTE EXP DATE field on the Tax Account screen, but the date should be verified.

  4. Each functional area should ensure that an adequate number of "Statute Specialists" are assigned.

Related IRMs and Publications

  1. Before disclosing any tax information, you must be sure you are speaking with the TP or authorized representative. See the Taxpayer Authentication guidelines in IRM 21.1.3.2.3, Required Taxpayer Authentication and IRM 21.1.3.2, General Disclosure Guidelines, for further information.

    • See IRM 11.3.2.7.1, Leaving Information on Answering Machine/Voice Mail, for proper disclosure protocols before leaving messages on a TP's answering machine.

    • See IRM 11.3.1.14, Facsimile (FAX), Electronic Facsimile (E-FAX), and IRS Internal Enterprise Electronic Facsimile (EEFAX) Transmission of Tax Information, for proper disclosure protocols before faxing confidential information to the TP.

  2. The following additional IRMs and publications/documents are listed as a convenience when AUR determines that in-depth research is required to resolve unusual technical issues not covered in AUR instructions, Form 1040 instructions and various publications. When reference to one of the related IRMs is required for AUR processing, the complete IRM reference is stated in this IRM.

    Note:

    Technical issues that occur frequently should be brought to the attention of the IRM 4.19.3, IMF Automated Underreporter, author for consideration for inclusion in this IRM.

    • IRM 2.3, IDRS Terminal Responses

    • IRM 2.4, IDRS Terminal Input

    • IRM 3.13.62, Media Transport and Control

    • IRM 4.13.1, Audit Reconsiderations, Introduction

    • IRM 4.19.2, IMF Automated Underreporter (AUR) Control

    • IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures

    • IRM 5.9, Bankruptcy and Other Insolvencies

    • IRM 8.20.6, Account and Processing Support (APS). Interim Actions

    • IRM 8.20.7, Account and Processing Support (APS). Closing Procedures

    • IRM 10.5, Privacy and Information Protection

    • IRM 11.3, Disclosure of Official Information

    • IRM 13.1.7, Taxpayer Advocate Service (TAS) Case Criteria

    • IRM 20.1, Penalty Handbook

    • IRM 20.2, Interest

    • IRM 21.1.1, Accounts Management and Compliance Services Overview

    • IRM 21.1.3.18, Taxpayer Advocate Service (TAS) Guidelines

    • IRM 21.3.3, Incoming and Outgoing Correspondence/Letters

    • IRM 21.4.4, Manual Refunds

    • IRM 21.5, Account Resolution

    • IRM 21.6, Individual Tax Returns

    • IRM 25.15, Relief from Joint and Several Liability

    • Publication 17, Your Federal Income Tax (For Individuals)

    • Document 6209, IRS Processing Codes and Information

AUR Security

  1. The AUR system design protects both TP data and the individual AUR users. ALL users are responsible for protecting TP information. Users should access ONLY the data needed to perform their duties, and not divulge TP information to any employee who does not have an official "need to know" . Users will report infractions to their managers immediately.

Electronic Filing System

  1. Returns are filed electronically by electronic transmitters or from a home computer through a third party vendor (On-Line Filing). Initially individual electronic returns were transmitted to Andover (ANSC), Atlanta (ATSC), Austin (AUSC), Brookhaven (BSC), Cincinnati (CSC), Fresno (FSC), Kansas City (KCSC), Memphis (MSC), Ogden (OSC) and Philadelphia (PSC) Submission Processing Centers and Enterprise Computing Center - Memphis (ECC-MEM). Individual electronic returns are now transmitted to ANSC, AUSC, FSC, KCSC, PSC and ECC-MEM.

  2. All electronically transmitted returns are identified by a unique document locator number (DLN). The file location codes (FLC) shown below are for the electronic filing of individual income tax returns. The second number listed is the rollover FLC used when a site exhausts the regular FLC for a given processing date.

    Note:

    FLC information for electronically filed returns for TY 2013 and prior, is located in Document 6209, Sub Section 4.3, Campus and File Location Codes.

    • ANSC - 16; 14

    • AUSC - 76; 75; 21 for U.S. Possessions; 20 for International returns

    • FSC - 80; 90

    • KCSC - 70; 79

    • PSC - 30; 32

    • ECC-MEM - 72; 64

      Note:

      The system will not allow a user to order a transaction code (TC) 150 document with the above FLC codes.

  3. The TRPRT print is not considered the original return and is labeled "TRPRT PRINT DO NOT PROCESS" .

  4. Information such as loose forms, schedules, and correspondence CANNOT be attached to an ELF return. Do not use an attachment or association form.

  5. TRDB has a Tab option: "Dotted…" . Dotted line literals are only available on tax returns filed via Modernized e-File (MeF). MeF returns can be identified by a DLN Julian Date greater than 400. A TRDB screen, "Dotted…" tab display, with no entries, indicates either:

    1. The return was not filed via MeF (DLN Julian Date less than 400) or

    2. The MeF filed return included no dotted line literals

    Note:

    For a complete list of dotted line literals see Exhibit 4.19.3-18, Form 1040 Dotted Line Literals.

  6. TRDB has a Tab option: "Attach" . When the user accesses the "Attach" tab, each statement/attachment the TP electronically filed will be listed. There is no standard list of names/titles for the TP to use so the statement/attachment will be listed by the file name the TP used.

  7. No change PCs 15, 47, 48, 51, 52, 70, 71, 72, 73, 91, 92 and 93 automatically generate a TC 290-0 for electronically filed returns with a "Y" in the SOURCE DOCUMENT ATTACHED? field in the Assessment window.

    Caution:

    If there is no information (loose forms, schedules or correspondence) to be associated with the refile DLN, enter an "N" in the SOURCE DOC field in the Process Code window.

Integrated Automation Technologies (IAT)

  1. Automated Underreporter employees are mandated to use the Integrated Automation Technologies (IAT) tools. When an action must be taken on IDRS (unable to complete the action within the AUR system) and an IAT tool is available, AUR employees with access to IAT tools are required to complete the action using the IAT tool. The IAT tools assist the tax examiner with IDRS research and input. See Exhibit 4.19.3-20, Mandated IAT Tools, for a list of mandated IAT tools.

    Note:

    See Exhibit 4.19.3-21, Additional IAT Tools Available (Use Not Mandated), for additional IAT tools.

  2. If an IAT tool is not functioning properly, the case should be worked using IDRS. For more information on each tool see http://iat.web.irs.gov/.

Tax Cuts and Jobs Act (TCJA) enacted December 2017

  1. The Tax Cuts and Jobs Act (TCJA) enacted December 2017 resulted in major tax reform legislation. TCJA delivers tax relief by reducing the tax rates and increasing the standard deduction. As a result of tax simplification, taxpayers now use only the newly redesigned Form 1040, U.S. Individual Income Tax Return. Both Form 1040A, U.S. Individual Income Tax Return, and Form 1040EZ, Income Tax Return for Single and Joint Filers with No Dependents, are no longer used to file individual income taxes. Additional information is available in Publication 5307, Tax Reform: Basics for Individuals and Families. TCJA impact to AUR case processing is explained below and is covered more in-depth throughout the IRM.

  2. There are six new Schedules accompanying Form 1040. One or more of these schedules may be used depending on the taxpayer’s income, credits, taxes or payments. To make the transition to the new Form 1040 and accompanying schedules as seamless as possible, the line numbers on the new schedules generally coincide with the 2017 Form 1040 return lines. The new schedules are:

    • Schedule 1, Additional Income and Adjustments to Income

    • Schedule 2, Tax

    • Schedule 3, Nonrefundable Credits

    • Schedule 4, Other Taxes

    • Schedule 5, Other Payments and Refundable Credits

    • Schedule 6, Foreign Address and Third-Party Designee

  3. TCJA adjusted the tax rates beginning with tax year 2018. The tax rates are 10%, 12%, 22%, 24%, 32%, 35% and 37%. See IRM 4.19.3.13, Recomputation of Tax. In addition, the tax rates for the unearned income of a child have changed and are no longer affected by the child’s parents tax situation. The new rate applicable for a child’s unearned income of more than $2,550 are 24%, 35%, and 37%. See IRM 4.19.3.14.1, 8615 Window.

  4. The deduction for personal exemptions for taxpayers, their spouse, or dependents was suspended for tax years 2018 to 2025. To offset this change, the standard deduction amounts were increased. IRM 4.19.3.13, Standard Deduction for additional information.

    Note:

    If the TP is 65 years or older or blind, the standard deduction based on filing status for each box checked. See IRM 4.19.3.13, Standard Deduction, for additional information.

  5. Significant changes to the itemized deductions claimed on Schedule A, Itemized Deductions, were made. These include the following:

    • Medical and dental expenses that exceed 7.5% of the amount of the AGI is deductible

    • The combined state or local income, sales and property tax deduction, is limited; only up to 10,000 ($5,000 for MFS) is deductible

    • Mortgage interest: deduction is limited up to $750,000($375,000 MFS) unless the mortgage was incurred on or before December 15, 2017. Mortgage interest paid on loans prior to December 15, 2017 is limited up to $1,000,000 ($500,000 for MFS).

    • Home equity loan interest is only deductible if the loan proceeds were used to buy, build, or substantially improve the main or second home

    • Mortgage Insurance Premiums (MIP) are no longer deductible

    • Personal casualty or theft losses are no longer deductible, unless the loss is from a federally declared disaster

    • Gifts by cash or check is limited to 60% of the adjusted gross income.

    • The deduction for moving expenses is suspended unless the taxpayer is a member of the Armed Forces on active duty or their permanent duty station changed.

    • Miscellaneous itemized deductions subject to the 2% limitation, including a deduction for unreimbursed job expenses, is no longer deductible. Form 2106, Employee Business Expenses, can only be used by Armed Forces Reservists, qualified performing artists, fee basis state or local government officials and employees with impairment related work expenses.

    • The overall limitation on itemized deductions based on the taxpayers adjusted gross income (AGI) is eliminated

    Refer to IRM 4.19.3.11, Changes to Itemized Deductions, for further information.

  6. TCJA created a new non-refundable credit for dependents who do not qualify for the Child Tax Credit (CTC); such as children age 17 or over, including college students, children with ITINS, or other older relatives in the household. The new Other Dependents Credit (ODC) has a maximum of $500 for each qualifying dependent. The qualifying dependent must also be a U.S. citizen, national, or a resident alien. SeeIRM 4.19.3.15.4.1 , Other Dependent Credit - Tax Years 2018 and Subsequent, for additional information.

  7. The maximum Child Tax Credit (CTC) increased from $1,000 to $2,000 per qualifying child. In addition, the income threshold at which the CTC begins to phase out increased to $200,000, or $400,000 if MFJ. In order to qualify for the CTC the child must have an SSN. Refer to IRM 4.19.3.15.4, Child Tax Credit, for additional information.

  8. The maximum Additional Child Tax Credit (ACTC) increased to $1,400 for each qualifying child. In addition, the earned income threshold for claiming ACTC decreased from $3,000 to $2,500. See IRM 4.19.3.17.4, Additional Child Tac Credit (ACTC), for additional information.

  9. The Alternative Minimum Tax (AMT) exemption amount increased ($70,300 for S or HOH, $109,400 for MFJ or QW or $54,700 for MFS) and the income level at which the AMT exemption begins to phase out increased to $500,000 or $1,000,000 if MFJ. See IRM 4.19.3.16.6, Alternative Minimum Tax (AMT) for additional information.

  10. Student loans discharged due to death or disability are not included in income on loans discharged after December 31, 2017 and before January 1, 2026. See IRM 4.19.3.8.20.1, Cancellation of Debt (DBTCN) Analysis and IRM 4.19.3.22.3.16, Cancellation of Debt (DBTCN), for additional information.

  11. Service members serving in the Sinai Peninsula can claim combat zone benefits retroactive to June 2015. See IRM 4.19.3.22.1.11, Combat Zone, for additional information.

  12. A new qualified business income deduction (QBID), also referred to as a IRC 199A deduction, allows up to a 20 percent deduction on taxpayers Qualified Business Income (QBI) from their trade or business, plus 20 percent of the combined qualified Real Estate Investment Trust (REIT) dividends and qualified Publicly Traded Partnership (PTP) income. The deduction can be taken in addition to the standard deduction or itemized deductions. During case analysis, AUR will only adjust the QBID when, due to UR income, the taxpayers recomputed TXI exceeds the threshold. See IRM 4.19.3.12, Qualified Business Income Deduction (QBID) - Tax Years 2018 and Subsequent, for additional information.

  13. The timeframe to roll-over a retirement plan loan offset when the taxpayer leaves employment with an outstanding plan loan that is not repaid is excepted from the 60-day rollover period. The rollover timeframe is extended until the due date, including extensions, for filing the federal income tax return for the taxable year in which the offset occurred.Refer to IRM 4.19.3.8.10.4, Rollovers, for additional information.

  14. A conversion of a traditional IRA to a ROTH IRA, and a rollover from any other eligible retirement plan to a ROTH IRA made after December 31, 2017, cannot be recharacterized as having been made to a traditional IRA. See IRM 4.19.3.8.10.4, IRA Distributions, for additional information.

  15. Investments in Qualified Opportunity Zones may qualify for deferral of capital gains taxes when reinvested in a Qualified Opportunity (QO) Funds. In general, a taxpayer must make an investment into the QO Fund within the 180-day period beginning on the date of the sale or exchange which generated the gain. Only capital gains invested into a QO Fund qualify for deferral of tax. Eligible gains invested into a QO Fund may be deferred until the disposition of the investment or December 31, 2026, whichever is earlier. In addition, any appreciation on the investment in the QO Fund may be excluded from tax if the investment in the fund is held for at least 10 years. The taxpayer will report the eligible gain on the form in the manner otherwise instructed. For example, the sale or exchange of a stock invested in a QO Fund is reported on Form 8949 , Sales and Other Dispositions of Capital Assets. See IRM 4.19.3.22.3.17, Securities Sales, for additional information.

  16. Losses from a trade or business of noncorporate taxpayers are limited when the net losses from all trade or business income is more than $250,000 ($500,000 MFJ). A deduction for an excess business loss cannot be taken in the current tax year and is treated as a Net Operating Loss (NOL) carryover. Taxpayer’s will use Form 461, Limitation on Business Losses, to figure any excess business loss. The excess business loss amount is reflected as a positive number on Form 1040 , Schedule 1, line 21 (identified on the dotted line portion with "ELA" . See IRM 4.19.3?.

  17. The following provisions were repealed and expired December 31, 2017:

    • Tuition and Fees Deduction (TUTFE)

    • Exclusion for qualified principal residence indebtedness discharged in 2018 unless an arrangement that was entered into and evidenced in writing before January 1, 2018. See IRM 4.19.3.8.20.1, Cancellation of Debt (DBTCN) – Analysis, and IRM 4.19.3.22.3.16, Cancellation of Debt (DBTCN), for additional information.

    • Domestic Production Activities Deduction (DPAD).

      Exception:

      Payments received from a specified agricultural or horticultural cooperative after December 31, 2017 may be deductible. See IRM 4.19.3.9.9, Domestic Production Activity Deduction (DPAD).

Controlling Work

  1. Underreporter cases to be analyzed by AUR tax examiners are assembled into batches, which are then divided into work units. See Exhibit 4.19.3-5, Batch Types. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures for the following windows used to control cases:

    • Assign Work Unit window

    • Release Work Unit window

    • Transfer Work Unit window

    • Accept Transfer window

    • Assign Case window

    • Release Batch window

    • Transfer Case window

    • Request Case window

    • Universal Work window

Viewing Cases

  1. Each user may have clearance to view any case on the system. This function is necessary for any user answering TP phone inquiries.

  2. To view any case take the following actions:

    1. Select the appropriate Tax Year from the AUR Year menu.

    2. Select reView from the AUR Main menu.

    3. Select View case from the Review menu.

    4. Input the SSN to be viewed.

    5. Click on the PHONE CONTACT field if viewing the case due to a TP phone contact. The AUR program will extract telephone contact data based on this entry.

  3. The only entries that can be updated on the cases are:

    • Telephone number and contact hours on the Tax Account screen

    • Case notes on the Case Note window

    • Update address

    • Update third party contact

    • Update power of attorney (POA)

    • Action Required (Universal case) box

      Note:

      Any other changes will not save to the database.

  4. The Print menu option may be accessed when the user selects View Case from the Review menu.

Lost Cases

  1. When an SSN is assigned to a batch, and the corresponding paper case is missing, the case is considered a "lost case" .

  2. When a lost case is identified:

    1. Select the Process Code window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Process Code Menu.

    2. Input IPC LC (Lost Case).

      Caution:

      If the work unit contains both copies of Form 4251, it is not a lost case. Input IPC "0A" (Return Request).

    3. The AUR system moves the SSN to Batch Type (BT) 98XXX (immediately).

  3. If the missing case is:

    1. A Form 1040EZ, use the Form 1040EZ information at the bottom of the Case Analysis screen to work the case.

    2. An ELF return, see IRM 4.19.3.2.5, Electronic Filing System.

      Note:

      The system will not allow a user to input IPC LC when the case is a Virtual return. If there is no TRDB information for a case, see your Lead.

  4. Some cases are found to be missing after the work unit has been released by the tax examiner and is being disassembled by the Control Function. The Control Function notates "Lost Case" on a case transfer sheet and routes the case transfer sheet to the Lead. The Lead contacts the tax examiner who released the case.

    1. If the case is found, the tax examiner accepts and reworks the case on the system.

    2. If the case is not found, the tax examiner accepts and attempts to rework the case on the system, using a substitute Form 4251. If the case file contents are necessary to work the case, input IPC LC on the Process Code window and discard the case history/transfer sheet.

      Note:

      In an effort to eliminate unnecessary paper inventory, substitute charge outs should only be printed if absolutely necessary.

Wrong Pulls in Screening (WP)

  1. If the original tax return DLN and the Form 4251 DLN do not match:

    1. Leave the Form 4251 attached to the return.

    2. Input IPC "WP" and notate "WP" on the Form 4251.

    3. Leave the return in the work unit.

    The return is sent to FRC after the batch is disassembled.

  2. If the DLNs match, but the TP's name is different, close the case with PC 29.

  3. If the tax return is for the incorrect tax year (the DLNs match, but the TY is different), close the case with PC 29 and route the return to be processed to the correct tax year.

Case History

  1. The Case History screen is used to determine the location or status of a particular case. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Viewing Cases. If the case is:

    1. Assigned to your unit, select the Unit Case History window from the Case Analysis menu.

    2. Assigned anywhere on the AUR system, select the Case History window (Analysis) using the Review option on the Main menu.

Archived Cases

  1. For TY 2009 and subsequent years, access the case data using View Case in the appropriate tax year on the system.

  2. For TY 2008 and prior, if information on the case is needed, the case must be ordered from files.

Case Information

  1. Each AUR case contains information for one tax account.

Underreporter Cases

  1. A case where a paper Form 1040 or Form 1040A (Form 1040A is applicable to tax years 2017 and prior) was filed has an individual income tax return present in the case. If the Form 4251 is batched without an original tax return, order the TC 150 return on the Tax Account screen.

    Note:

    A Form 4251 is not generated for Virtual returns. . Tax examiners may notate the applicable PC/IPC next to the corresponding SSN on the work unit listing for Virtual returns.

  2. Some cases may have an amended return, Form 1040X, Amended U.S. Individual Income Tax Return, attached to the original individual tax return.

    1. If the amended return was not processed, include it in the resolution of the case. Leave the amended return attached to the original return when the case is closed.

    2. If the amended return was processed, consider it in the AUR case resolution and refile separately when the case is closed.

  3. All cases have online data which displays in a series of screens. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures, for more information.

  4. An action trail MUST be made part of the case data whenever significant actions are taken. For example, when a case is closed in screening because the discrepant income has been determined to be reported somewhere other than where income would be normally reported, or an oral statement is accepted to revise a notice or close a case no change, use either the IR Note window or the Case Note window to document actions or leave an appropriate action trail. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Case Notes and Information Return Notes.

    Exception:

    At times HQ may direct closure of a case or cases with one of the HQ Identified Program Problem closing process codes. Case notes are not required on these cases.

    Caution:

    Do not include personally identifiable information (PII) in IR notes or case notes.

    Note:

    IR notes and Case notes are part of the official case file and may be viewed by the TP.

  5. Form 4251 is attached to a return when it is pulled from the files at the Federal Records Center.

    Note:

    Virtual returns will have an individual work unit listing rather than a Form 4251. .

    1. Form 4251 MUST remain with the paper return when the case is closed.

    2. Notate the applicable PCs and IPCs on Form 4251.

    3. Keep the Form 4251 in the front of the case file with the bar code visible.

Case Analysis Screen

  1. The Case Analysis screen is the main screen used by tax examiners for the analysis of AUR cases. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Case Analysis Overview.

  2. Certain Transaction Codes, Freeze Codes, or Indicators may require research, referral, or other specific actions. When these conditions are present, the Message window displays on the Case Analysis screen when the SSN of the case is entered. If this window displays, review the information on the Tax Account screen to determine the appropriate action to take.

  3. Within the Case Analysis screen various windows display, dependent upon the issues involved on an individual case. You must work certain windows in the proper order if two or more of them are present. The twelve windows and their proper sequence are:

    1. Misc Adjust/Sch C Exp

    2. FICA Tax

    3. SST on Tips

    4. SE Tax

    5. SEP/SIMPLE

      Note:

      HSA/AMSA Contribution/Deduction. Although there is no HSA/AMSA window, this income type must be worked in the proper order. See IRM 4.19.3.9.2(10), Health Savings Account (HSA) or Archer Medical Savings Account (AMSA) Deduction.

    6. SSA/RRB

    7. IRA (CONTR)

    8. Savings Bond Exclusion

    9. EPAB

    10. Student Loan Interest Deduction (SLID)

    11. Tuition and Fees (tax years 2017 and prior)

    12. Domestic Production Activity Deduction

    Example:

    The SE Tax window has been worked. Subsequently, the SST on Tips window is worked. The system displays a warning message describing the proper sequence. You must access the SE Tax window again to complete the proper sequence before going to the Return Value screen.

Tax Account Screen

  1. The Tax Account screen displays posted information from the TP's Master File account. It contains the name and address, Date of Birth (DOB) for both primary and secondary TPs, return amounts, transactions, and other current data (including Reason Codes (RC)). The data is downloaded to the AUR system from ECC-MTB. The TP's phone number and hours of contact can be entered. This screen is used to order a return if the related adjustment has posted to the account. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures, - Tax Account Screen.

  2. Compare the Adjusted Gross Income (AGI) and Taxable Income (TXI) on the return with the AGI/TXI on the Tax Account screen. A mismatch could be due to a TP and/or processing error. The AUR Function is responsible for issuing a CP 2000 to correct these types of errors.

    Note:

    If the processing error resulted in an erroneous refund, see IRM 4.19.3.5.13, Erroneous Refunds, for further information.

  3. If the AGI on the return and the AGI on the Tax Account screen do not match, the TP/processing error may be found on page 1 of the return.

    1. The system displays the AGI as determined from Master File.

    2. Verify the AGI on the Tax Account screen.

    3. If appropriate, use the MISC ADJUSTMENT/SCHEDULE C EXPENSE window to account for the discrepancy. See IRM 4.19.3.5.9(1), Miscellaneous.

      Exception:

      If the TP(s) AGI/TXI return amounts were correct, a processing error changed the AGI/TXI, and the TP(s) did not receive a Math Error Notice because the change was below tolerance, correct the AGI (by entering the TP's original amount in the AGI window). Leave a case note explaining the action taken.

  4. If the Tax Account screen displays an asterisk in the NEW TRANS field, a new TC has been added since the case was last analyzed. When an asterisk displays:

    1. Review the TC to determine if any action is required.

    2. Click on the asterisk and press ENTER to indicate the TC has been considered while working the case.

      Note:

      The system automatically totals TC 640 payments and displays a prompt: "Should amount be entered in Return Value Screen?" .

  5. If the Tax Account screen displays the Indicator KITA (Killed in Terrorist Action) or HSTG (Hostage in Terrorist Action) in the KITA IND field, or if the system displays the message "KITA/HSTG indicator present. Close case." , use PC 18 to close the case.

    Note:

    Because TP contact has not been made, no further actions are needed.

  6. If the Tax Account screen displays the indicator PDT (Potentially Dangerous Taxpayer), see IRM 25.4.1, Potentially Dangerous Taxpayer, for additional information. If the Tax Account screen displays the indicator CAU (Caution Upon Contact), see IRM 25.4.2, Caution Upon Contact Taxpayer.

Power of Attorney (POA)
  1. A POA is on file when an indicator is displayed in the Centralized Authorization File (CAF) Indicator field. The indicator is either alpha or numeric. See Document 6209, IRS Processing Codes and Information, for the applicable POA indicators. A TC may also be present.

    • TC 960 is a CAF Indicator (POA on file)

    • TC 961 reverses the CAF Indicator (POA revoked)

  2. Prior to the issuance of a CP 2000/CP 2501 or Recomputation Notice, the CAF is automatically researched for the valid POA's name and address.

  3. If issuing a notice, and there is a valid POA on file:

    1. A copy of the notice is automatically created for the POA. (If there are multiple POAs, the notice is only created for the first two POAs authorized to receive notices per the CAF.)

    2. PARAGRAPH 178 automatically generates on the CP 2000/CP 2501 and Recomputation Notice to inform the TP that a copy is being sent to the POA. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  4. If an original POA is found attached to the tax return (not detached during processing), see IRM 4.19.3.22.1.22, Letters From a Third Party and Authorization From a Valid Power of Attorney (POA) and IRM 21.3.7, Processing Third Party Authorizations onto Centralized Authorization File (CAF), for instructions on determining validity.

  5. Disregard invalid POAs.

  6. Consider "valid" POAs approved.

    Note:

    CAF will only accept the Form 2848 with a revision date of October 2011 or later.

    1. Make a photocopy for the AUR case file.

    2. Forward the original to the CAF Unit for processing.

    3. Input the POA information on the Update Address window (POA). See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Updating Address Information.

      Note:

      A foreign address requires a period ("." ) in the first position of the State field.

Freeze Codes
  1. If certain freeze codes are present on the tax module, a message window displays on the Case Analysis screen when the SSN of the case is entered. Access the Tax Account screen to determine the proper action.

  2. If there is a Freeze Code "-A" , the case is worked by AUR. See IRM 4.19.3.4.3.3(15) and (16), Transaction Codes Reflecting Tax Liability, for further instructions.

  3. A Freeze Code "-C " on the account indicates the TP was involved in a military operation in a designated combat zone and may be entitled to special tax treatment.

    1. The -C freeze remains on the TP's account even after the TP is no longer in the combat zone. If a case has a -C freeze present additional research is necessary to determine the TP's combat zone status.

    2. During screening if you receive the message: "12/31/9999 date is present, possible combat zone - See IRM 4.19.3" , close the case using PC 15.

    Research IDRS CC IMFOLE for the Combat Indicator.

    If the Combat Indicator is Then
    1 The TP is still serving in a combat zone. Close the case using PC 15.
    2 The TP is no longer serving in a combat zone. Manual Interest computation is required in order for the notice to generate.

    Note:

    During screening, close the case with PC 27.

  4. Freeze Code "-E" (TC 810 - code "4" ) indicates the case is currently being reviewed by the Frivolous Return Program (FRP). Freeze Code "-E" is placed on all refundable years when the TP has been identified as filing a frivolous return with a Form 1099-OID, Original Issue Discount. In either situation, refer the case to the FRP coordinator who will provide instructions to either continue processing or to transfer case. If FRP wants the case transferred, use PC 13.

  5. Freeze code "F-" (TC 971 - action code (AC) 089) freezes the entire account and most adjustments will unpost. Refer the case to the FRP coordinator who will provide instructions to either continue processing or to transfer case. If FRP wants the case transferred, use PC 13.

    Caution:

    Identity theft cases with a F- freeze should be referred after the TP has provided the Form 14039 and/or police or law enforcement incident report for identity theft.

  6. Freeze Code "G-" indicates there is a TC 270/271, TC 500 or TC 780 on the account and a manual recomputation of the failure to pay penalty (FTP) is required. The system alerts the tax examiner when Freeze Code "G-" is present, and in Return Value, when an entry is required in the MANUAL FAILURE TO PAY PENALTY field in the LIMIT PENALTIES window. See the table below for the proper action to take.

    Exception:

    For TY 2016 and prior, follow normal processing procedures if Freeze Code "G-" is present.

    Note:

    Whenever a manual recomputation of the FTP penalty is required, interest must also be manually computed, and if manual interest is required on an account with a FTP penalty, the FTP penalty must be manually recomputed.

    If And Then
    The Freeze Code "G-" is due to TC 270/271 The case is in screening phase Close the case with PC 27.
    The Freeze Code "G-" is due to TC 270/271 The case CP 2501 or CP 2000 phase Continue processing. Manual recomputation of the FTP penalty is required. See IRM 4.19.3.18.2, Failure to Pay (FTP) Penalty, and IRM 4.19.3.18.10, Manually Computed Interest, for the CP 2000, for additional information.
    The Freeze Code "G-" is due to TC 270/271 The case is in Stat phase Continue processing.
    The Freeze Code "G-" is due to TC 500 The case is in screening phase Research IDRS CC IMFOLE for the Combat Indicator.
    • If the Combat Indicator is 1, close the case with PC 15.

    • If the Combat Indicator is 2, close the case with PC 27.

    The Freeze Code "G-" is due to TC 500 The case is in response phase Research IDRS CC IMFOLE for the Combat Indicator.
    • Close all Combat Indicator 1 cases with a proposed tax increase with PC 15 and issue Letter 1802C.

    • Manual recomputation of the FTP penalty and manual interest computation is required on Combat Indicator 2 cases and on Combat Indicator 1 cases, which result in a refund. See IRM 4.19.3.18.2, Failure to Pay (FTP) Penalty, and IRM 4.19.3.18.10, Manually Computed Interest, for the CP 2000, for additional information.

    The Freeze Code "G-" is due to TC 780 The case is in screening through Stat phase See IRM 4.19.3.4.3.4(12), Other Transaction Codes and Math Error Codes.
  7. If a Freeze Code "-I" is present on Tax Account screen, see the table below:

    If case is in And Then
    Screening phase "-I" is present Close case with PC 27.
    CP 2501 phase ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Close case with PC 51, see IRM 4.19.3.21.1, No Response BT 84.
    CP 2501 phase ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Continue processing.
    CP 2000 phase ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Continue processing, see IRM 4.19.3.21.1, No Response BT 84.
    CP 2000 phase ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Close case with PC 73, IRM 4.19.3.21.1, No Response BT 84.
    Stat phase "-I" is present Continue processing.

    See IRM 4.19.3.18.10, Manually Computed Interest for the CP 2000, for additional information.

    Note:

    If a Manual Interest computation is required, and the tax examiner attempts to input Process Code (PC) 55, 57, 59, or 95 or Internal Process Code (IPC) RN or SR, the system alerts the tax examiner that IPC MI is required.

  8. If a Freeze Code "I-" is present on Tax Account screen during screening close case with PC 27. After a notice has been issued and the case results in a refund then a Manual Interest computation is required see table in (6) above. See IRM 4.19.3.18.10, Manually Computed Interest for the CP 2000, for additional information

    Note:

    If the Return Value screen reflects a refund, and there is no "I-" freeze code present, input zero (0) in the MANUAL INTEREST field and continue processing. Do not input IPC "MI" .

  9. A Freeze Code "L-" identifies that an Innocent Spouse claim (Form 8857, Request for Innocent Spouse Relief) has been filed and is set by input of TC 971 AC 065.

    1. During the Response phase, refer to IRM 4.19.3.22.1.20, Innocent Spouse Relief Cases, for more information.

  10. Freeze Code "-L" (Audit Indicators TC 420 or 424, not reversed by TC 421) indicates the return is currently being requested or audited by Exam. During case analysis (screening phase), research IDRS CC TXMODA for a pending TC 421 that will reverse the "-L" freeze. If there is a reversal, continue normal processing.

  11. If there is No reversal, research IDRS CC AMDISA for the CURRENT-STATUS-CD/DATE field. The CURRENT-STATUS-CD/DATE field determines case action as follows:

    1. If the AMDISA CURRENT-STATUS-CD/DATE field is "33" or "34" the case is controlled by the Tax Equity and Fiscal Responsibility Act (TEFRA) function. Continue normal processing. Do not use the Exam transfer PCs to close TEFRA cases.

    2. If the AMDISA CURRENT-STATUS-CD/DATE field is "06" or "08" AWAITING CLASSIFICATION, the cases have not yet been screened for possible selection for examination. Do not use the Exam transfer PC’s to close the case, continue normal processing.

    3. If the AMDISA CURRENT-STATUS-CD/DATE field is "10" , use the primary business code (PBC), secondary business code (SBC) and employee group code (EGC) to locate the correct Exam contact by accessing the EXAM Employee Group Code (EGC) Contacts, under the Who/Where Tab on SERP, then select Employee Group Code (EGC) Listing Contacts.

    4. If Exam wants the case use either PC 11 or 12 as appropriate to transfer the case to Exam. If Exam does not want the case, continue with normal processing.

      Note:

      To determine if the case is a Field or Campus audit see Document 6209 (http://serp.enterprise.irs.gov/databases/irm.dr/current/6209.dr/6209ch12.5.3.htm).

    5. If the conditions in a-c above are not met, input PC 13 (Case Analysis phase) to transfer the case to Exam.

  12. If the Freeze Code "-L" open TC 420/424 is present after an AUR notice has been issued, take the following actions:

    1. Research IDRS CC AMDISA to determine the primary business code (PBC), secondary business code (SBC) and employee group code (EGC).

    2. Use the PBC, SBC and EGC information from AMDISA to locate the correct Exam contact by accessing one of the following websites:

      If Then
      PBC is 301-309: Access; http://mysbse.web.irs.gov/exam/mis/contacts/empgroupcode/default.aspx
      PBC is other than 301-309: EXAM Employee Group Code (EGC) Contacts, under the Who/Where Tab on SERP.
    3. If the case is in CP 2501 or CP 2000 phase and Exam wants the case, input PC 38 (CP 2501) or PC 64 (CP 2000). Prepare Form 3210, including the appropriate Exam contact information, and leave it with the case

    4. If the case is in Statutory Notice phase and Exam wants the case, see (11) below.

    5. If Exam does not want the case, leave a case note and continue normal processing. If an assessment is needed see IRM 4.19.3.22.10, Assessments.

  13. If Exam wants the case, take the following actions:

    1. Allow the statutory period to expire.

    2. Access the Assessment window and enter an "N" in the SOURCE DOCUMENT ATTACHED field and the appropriate priority code.

    3. Commit the Assessment window.

    4. Prepare Form 3210, including the appropriate Exam contact information, and leave it with the case

    5. Input PC 94 and release the case.

  14. A Freeze Code "-O" on the Tax Account screen, is a Disaster Indicator set by TC 971 AC 086 or 087. See IRM 4.19.3.5.6, Declared Disaster Areas, for more information.

  15. Freeze Code "P-" indicates the case may be assigned in the FRP or Integrity and Verification Operation (IVO) held the refund. Research IDRS.

    If And Then
    TC 599 AC 17 or 89 is present FRP has an open control (will show AUDT in control base) Refer the case to the FRP coordinator who will provide instructions to either continue processing or to transfer case. If FRP wants the case transferred, use PC 13.
    TC 720 TC 971 with either AC 052, 123, 129, 134, 617 is present During screening close the case no change using PC 28.If a notice was issued and there is a credit on the account, take the following actions to close the case:
    1. Access the MFT 30 Assessment window.

    2. Input/verify TC 290 .00.

    3. Input Hold Code 4.

    4. Remove all other transaction/reference codes.

    5. Input "N" in the SOURCE DOCUMENT ATTACHED field.

    6. Input remarks: No change.

    7. Change the AUTO/MANUAL IND field to "M" .

    8. Commit the Assessment window.

    9. Input PC 52 (CP 2501), PC 71 (CP 2000) or PC 92 (Stat), as appropriate.

    10. Using the IAT "xClaim" or "REQ54" tool, input a TC 290.00 and include Hold Code 4.

    If a notice was issued and there is no credit, close the case no change using PC 52, 71, or 92 as appropriate.
  16. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  17. A Freeze Code "-R" on Tax Account screen reflects IVO or Taxpayer Protection program (TPP) involvement and is identified with TC 971 AC 052, AC 134, AC 617 or TC 570 with TC 971 AC 199 which indicates a frozen refund. Take the following actions to close the case:

    If Then
    During screening Close the case no change with PC 28.
    A notice was issued and there is a credit on the account
    1. Access the MFT 30 Assessment window.

    2. Input/verify TC 290 .00.

    3. Input Hold Code 4.

    4. Remove all other transaction/reference codes.

    5. Input "N" in the SOURCE DOCUMENT ATTACHED field.

    6. Input remarks: No change.

    7. Change the AUTO/MANUAL IND field to "M" .

    8. Commit the Assessment window.

    9. Input PC 52 (CP 2501), PC 71 (CP 2000) or PC 92 (Stat), as appropriate.

    10. Using the IAT "xClaim" or "REQ54" tool, input a TC 290.00 and include Hold Code 4.

    A notice was issued and there is no credit on the account Close the case no change using PC 52, 71 or 92, as appropriate.
  18. A Freeze Code "-S" replaces the assignment of computer condition codes to identify tax returns filed within a declared disaster area and is set with a TC 971 AC 688. The -S freeze does not suppress notices. Continue normal case processing. See IRM 4.19.3.5.6, Declared Disaster Areas, for more information.

  19. If a Freeze Code "-T" is present on Tax Account screen, there is a ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ entity freeze on the account, used for monitoring purposes only. Continue normal case processing.

  20. If there is a Freeze Code "-U" , see IRM 4.19.3.5.13, Erroneous Refunds, for further information. Freeze Code "-U" indicates the Erroneous Refund area is monitoring a case for available credits and a closure may release needed credits.

  21. If there is a Freeze Code "-V" and/or TC 520, a Bankruptcy condition is present. If identified on the Tax Account screen;

    1. During Case Analysis (screening), close the case using PC 27.

      Note:

      If TC 520 is reversed by TC 521 or 522, continue normal processing.

    2. During Response phase (after the TP has been issued an AUR Notice), see IRM 4.19.3.22.1.10, Bankruptcy Procedures - Responses.

  22. If there is a Freeze Code "-W" with closing code (cc) 81, or cc 84 and/or a TC 520 (not reversed by TC 521 or 522), a Bankruptcy condition is present. If identified on the Tax Account screen;

    1. During Case Analysis (screening), close the case using PC 27.

      Note:

      If TC 520 is reversed by TC 521 or 522, continue normal processing.

    2. During Response phase (after the TP has been issued an AUR Notice), see IRM 4.19.3.22.1.10, Bankruptcy Procedures - Responses.

  23. A Freeze Code "-Y " on the account indicates that the TP filed an Offer-in-Compromise with the Service. See IRM 4.19.3.4.3.4(6), (11) and (12), Other Transaction Codes and Math Error Codes, for additional information.

  24. ≡ ≡ ≡ ≡ ≡ ≡ ≡ "" ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

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

  25. If a Freeze Code other than those explained in (2) through (22) above, are indicated on the Tax Account screen, refer to Document 6209, IRS Processing Codes and Information.

Transaction Codes Reflecting Tax Liability
  1. A TC 150 indicates a return was filed and posted to the Master File. The TC 150 amount is the tax assessed when the original return was filed.

  2. TCs 290 and 300 indicate additional tax was assessed after the original return was filed. The system adds these amounts to the TC 150 amount to determine the total tax per return. If the TC 290/300 source document is present, determine if the adjustment source document (Form 5147, Form 5344, Examination Closing Record, Form 4700, Examination Workpapers, amended or duplicate return) resolves the U/R issue(s).

    • A TC 300-0 with a corresponding TC 764, TC 768, or TC 765 indicates Exam adjusted EIC with no change to AGI or TXI. See IRM 4.19.3.17.3, Earned Income Credit, for further instructions on EIC.

    • Certain modules where an overstatement of estimated tax payments or W/H credits resulted in a refund, offset, or a credit elect may show as assessed using TC 290, RC 051, for the amount of the overstatement. These accounts will generally not contain a TC 807.

  3. TCs 291 and 301 indicate a portion or all of a previously assessed tax was abated after the original return was filed. The system subtracts these amounts from the TC 150 amount to determine the total tax per return. If the TC 291/301 source document is present, determine if the adjustment source document (Form 5147, Form 5344, Examination Closing Record, amended or duplicate return) resolves the U/R issue(s). If the AGI/TXI on the Tax Account screen:

    1. Differs from the tax return, order the TC 291/301 document without screening for income discrepancies.

    2. Matches the tax return, screen for income discrepancies and see (5) below.

  4. Order the missing TC 290/291 or TC 300/301 adjustment source document

    1. Before issuance of a notice or

    2. Prior to taking a PC 20 action.

  5. Do not order the missing TC 290/291 or TC 300/301 source document for the following situations:

    1. The difference between the AGI/TXI on the return and the AGI/TXI shown on the Tax Account screen matches the total discrepant amount within ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . Consider the amount in question reported and close the case if there are no other related issues (for example, Self-employment tax (SE tax)), 10 percent tax).

      Note:

      To calculate the TP's reported self-employment income, divide the amount shown in the SE INCOME fields on the Tax Account screen by .9235 (92.35 percent).

    2. The adjustment changes the amount(s) or item(s) back to the original figures on the return (changes may have resulted from a math error code or unallowable code). The AGI, TXI and Tax (TC 150 minus TC 291) should equal the amounts on the original tax return.

    3. W/H, excess SSTAX, or additional MCTXW is the only issue (PC 20 criteria) and the adjustment does not have a TC 806/807 or TC 766/767 with credit reference number (CRN) 252 present.

    4. A TC 806/807 or a TC 766/767 with CRN 252 is the only change (there is no change to the AGI or TXI) and W/H or excess SSTAX is not an issue.

      Caution:

      Certain modules where an overstatement of estimated tax payments or W/H credits resulted in a refund, offset, or a credit elect may show as assessed using TC 290, RC 051, for the amount of the overstatement. These accounts will generally not contain a TC 807. Send a Special Paragraph using the following verbiage as an example "The other taxes as shown on this notice include the previous change made to your federal income tax withheld."

    5. The adjustment is a TC 291/301 when the AGI, TXI and the tax has been reduced to zero. Close case with PC 28 (these are generally filing status changes or incorrect SSN).

  6. Order the TC 290-0 adjustment source documents when one of the following corresponding TCs is present:

    • TC 976/977

    • TC 971 AC 010, 012 through 016 or 120

    • TC 806/807 with the TC 290-0

    • TC 764/765/768

      Exception:

      Do not order the TC 290-0 adjustment source document for changes to EIC and there is no change to AGI or TXI.

    • TC 766/767 with CRN 336

    • TC 766/767 with CRN 252

    • TC 766/767 with CRN 260

    • TC 766/767 with CRN 262

    • ELF return and the blocking series of the TC 290-0 is "05" - "07" or "15" - "17."

  7. Do not order TC 290-0 adjustment source documents for the following:

    1. TC 290-0 adjustment source document is for changes to EIC (TC 764/765/768) and there is no change to AGI or TXI.

    2. The TC 290-0 has a corresponding TC 971 AC 071. These are injured spouse claims for which the refund was released.

    3. The TC 290-0, the TC 150 and the TC 846 have the same DLN with blocking series 92X (example: 18221-046-92337-5). These are also injured spouse claims for which the refund was released.

    4. The TC 290-0 has a corresponding TC 971 AC 270. These are cases where the amended return was sent back to the TP.

    5. The TC 290-0 is in the 98 blocking series (adjustment made without the original return) and there is a RC 062 or 065. These are penalty abatement request disallowances and have no impact on our AUR case.

    6. The TC 290-0 has a corresponding TC 271 which fully reverses the previous TC 270 amount.

    7. The TC 290-0 has a corresponding TC 971 AC 142. This is a true duplicate return.

  8. The Tax Account screen indicates if the adjustment source document is a Correspondence Imaging Services (CIS) document. If it is determined the adjustment is:

    • A CIS document, view document on Account Management System (AMS).

    • Not a CIS document, follow the instructions in (9) below.

  9. Request an amended return to resolve the case, if necessary.

    1. To request an amended return, enter an "X" in the ORDER RTN field for the applicable DLN on the Tax Account screen. During the screening phase, use IPC 0A.

      Exception:

      The system will not accept an "X" for any DLN where the DLN indicates the return is Virtual or a CIS document.

    2. If the DLN of the amended return is the control DLN on the Tax Account screen, attach the original return behind the amended return and refile together under the control DLN. Otherwise, refile them separately.

  10. Review all adjustment documents to determine if the U/R amount has already been taken into consideration. If so, close the case using PC 21. If a document has been requested, refile it separately when the case is closed.

  11. Consider all previous changes to income, deductions, refundable/non-refundable credits, taxes, and penalties when a CP 2000 is to be issued.

  12. When a TC 300/301 is present on the Tax Account screen with a TC 421 and no -L freeze, a disposal code displays on the Tax Account screen. If pursuing U/R income, determine the disposal code. The disposal code is located under the column titled "DIS CD" in the transaction section of the Tax Account screen.

    1. If the disposal code is 01 - 13, review the attached audit papers to determine if the U/R amount has been addressed. If there is still a U/R amount after review, issue a notice. Consider all changes made by Exam per the TC 300/301.

    2. If the disposal code is 20 - 99, no audit was performed. Continue processing the case.

  13. If a TC 300/301 and a TC 577 with Julian Date 999 is displayed on the Tax Account screen (no -L Freeze present), the U/R income has not been addressed by the Examination Function. Review the papers to determine what changes were made and take those changes into consideration when calculating U/R income adjustments.

  14. When a TC 896 with the literal "OFF to IRA" is present, the TP has paid additional tax on excess contributions on Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts. This tax is posted to the TP’s Master File Tax (MFT) 29 account and is not included in the TC 150 amount. The system adds this amount to the TC 150 amount to arrive at total tax per return.

    Note:

    TC 892 offsets a TC 896.

  15. If a duplicate/amended return is filed (TC 976/977 or TC 971 AC 010, 012 through 016 or 120), a CP 2000, CP 2501 or PC 20 is to be issued, a TC 290/291 is present, and the duplicate or amended return is not in the case file:

    1. Order the duplicate/amended return by requesting the TC 290/291 DLN unless the conditions in (7) above apply.

    2. Close the case using PC 29 if the duplicate/amended return is not available.

  16. If a duplicate/amended return is posted (TC 976/977 or TC 971 AC 010, 012 through 016 or 120), a CP 2000, CP 2501 or PC 20 is to be issued, a TC 290/291 is NOT present, and the duplicate/amended return is not in the case file:

    1. Transfer the case to the Unit Suspense batch.

      Exception:

      If 45 days or more from the TC 976/977 or the TC 971 pending/posted date have passed, continue processing the case.

    2. Monitor the case for 45 days from the TC 976/977 or the TC 971 date for the pending/posting of the TC 290/291.

    3. If the TC 290/291 posts, order the adjustment document.

    4. If the TC 290/291 does not post, continue processing.

      Note:

      Underreporter functions that work their own Accounts Maintenance Research (AMRH) Transcripts should forward these cases to the appropriate unit after the batch has been disassembled.

  17. TC 295 indicates a tentative allowance from Form 1045, Application for Tentative Refund, was input on the TP's account by Adjustments. TC 299 indicates an abatement of the original tax. If there is a TC 295 or 299 unreversed, or only partially reversed by TC 294 or 298, and there is U/R income, issue a notice.

  18. TC 305 indicates a tentative allowance from Form 1045 was input on the TP's account by Exam. TC 309 indicates an abatement of the original tax. If there is a TC 305 or 309 unreversed, or only partially reversed by TC 304 or 308, and there is U/R income, issue a notice.

  19. If TC 599, TC 720 and/or TC 570 are present, see IRM 4.19.3.4.3.2(13) table, Freeze Codes, for instructions on how to process.

Other Transaction Codes and Math Error Codes
  1. Other TCs shown on the Tax Account screen may require additional action.

  2. TC 160 or 166 indicates a Delinquency/Failure to File Penalty was assessed. TC 161 or 167 means a portion or all of the penalty has been abated. When a U/R issue exists, the system computes or recomputes the Delinquency/Failure to File Penalty when required. See IRM 4.19.3.18.1, Failure to File (FTF) Penalty, for additional information.

  3. TC 170 or 176 indicates an Estimated Tax (ES) Penalty was assessed. TC 171 or 177 means a portion or all of the penalty has been abated. When a U/R issue exists, a recomputation of the ES penalty may be required. See IRM 4.19.3.18.3, Estimated Tax (ES) Penalty, for additional information.

  4. TC 270 or 276 indicates a Failure to Pay Penalty (FTP) was assessed. TC 271 or 277 means a portion or all of the penalty is abated. See IRM 4.19.3.18.2, Failure to Pay Penalty (FTP), for additional information.

  5. TC 460 indicates a request for extension of time to file was approved. The extension date appears in the Remarks column.

  6. TC 480 (not reversed by TC 481 or 482) indicates the TP has filed an "Offer in Compromise" (OIC) with the Service. Continue normal AUR processing. A TC 29X may be input on these types of cases. Send copies of the case data to Collection OIC function upon their request.

  7. TC 540 indicates that the TP is deceased. See IRM 4.19.3.5.5, Deceased Taxpayers, for further instructions.

  8. TC 604 indicates either bankruptcy has been discharged/revoked or close-out of the MFT 30 module in preparation of mirroring to MFT 31.

    1. During screening, close the case using PC 27.

    2. During responses (AFTER the TP has been issued an AUR notice), see IRM 4.19.3.22.1.20, Innocent Spouse Relief Cases, (when TC 971 AC 065 is present) or the Bankruptcy Coordinator (all others).

  9. TC 764 or 768 indicates earned income credit (EIC) was allowed. TC 765 indicates the credit was fully or partially reversed. If TC 764, 765, or 768 is present, EIC may need to be computed or recomputed. See IRM 4.19.3.17.3, Earned Income Credit, for instructions.

  10. TC 766 with:

    1. CRN 336 indicates Additional Child Tax Credit was allowed. TC 767 (with CRN 336) indicates the credit was fully or partially reversed. If TC 766/767 (with CRN 336) is present, Additional Child Tax Credit may need to be computed or recomputed. See IRM 4.19.3.17.4, Additional Child Tax Credit (ACTC), for instructions.

    2. CRN 252 indicates excess SSTAX has been adjusted (TY 2006 and subsequent tax years only). TC 767 (with CRN 252 indicates the credit was fully or partially reversed. If TC 766/767 (with CRN 252) is present, excess SSTAX may need to be computed or recomputed.

    3. CRN 260 indicates previously allowed American Opportunity Credit (AOC).

    4. CRN 261 indicates previously allowed Refundable Adoption Credit.

    5. CRN 262 indicates previously allowed Premium Tax Credit (PTC).

  11. If a TC 780 has been fully reversed by a TC 781 or 782, continue normal AUR processing.

  12. If an unreversed TC 780 is present on the Tax Account screen, a warning message displays to close the case. Take the following action:

    1. Close case using the appropriate PC (28, 52, 71, or 96).

    2. Leave a case note stating that this is an OIC closure.

    3. Issue a Letter 1802C, if closing the case with PC 52, 71 or 96.

  13. TC 806/800 credits the tax module for the amount of W/H claimed on a tax return. TC 807/802 reverses the TC 806/800 credit in whole or in part. W/H may need to be adjusted because of AUR processing. Before proposing a change to W/H, be certain that the adjustment has not been previously allowed. See IRM 4.19.3.17.1, Withholding - General, for instructions.

    Note:

    Certain modules where an overstatement of estimated tax payments or W/H credits resulted in a refund, offset, or a credit elect will show as assessed using TC 290, RC 051, for the amount of the overstatement. These accounts will generally not contain a TC 807.

  14. TC 971AC 151 indicates duplicate filing by secondary TP. If the message window displays "DUP TIN filing, take appropriate action" , close the case using PC 10.

  15. TC 971 with certain Action Codes (AC), indicate the TP may be a victim of identity theft. During response phase, see IRM 4.19.3.22.1.26, Identity Theft (IDT) Claims - Overview, and IRM 4.19.3.22.1.26.3, IDT Claims - Responses, for additional information. During screening phase:

    If there is a TC 971 AC Then
    501 Close case PC 23
    504 Close case PC 23
    505 Close case PC 23
    506 Close case PC 23
    522 Close case PC 23
    523
    1. Continue normal AUR processing.

    2. Leave a case note acknowledging the TC 971 AC 523.

    3. DO NOT TRANSFER TO IDTVA.

    524
    1. If filing status (FS) 2, research IDRS CC INOLES to determine which TP is deceased.

    2. Continue AUR processing following IRM 4.19.3.5.5, Deceased Taxpayers, and IRM 4.19.3.22.1.14, Decedents.

    3. Leave a case note acknowledging the TC 971 AC 524.

    4. DO NOT TRANSFER TO IDTVA.

    525 Close case PC 23

    Note:

    For a list of AC meanings see, Exhibit 4.19.3-16, Identity Theft Action Codes.

  16. TC 972 with corresponding AC indicates identity theft has been reversed. DO NOT TRANSFER TO IDTVA, continue normal AUR processing.

  17. If a TC other than those explained in IRM 4.19.3.4.3.3, Transaction Codes Reflecting Tax Liability, or IRM 4.19.3.4.3.4, Other Transaction Codes and Math Error Codes, are indicated on the Tax Account screen, refer to Document 6209, IRS Processing Codes and Information.

  18. If there is a math error code on a case, the math error code number displays in the MATH ERROR CODE field of the Tax Account screen. If there are multiple math error codes, they display up to a maximum of five (5) codes in this field.

    Note:

    The math error code verbiage displayed on the Tax Account screen is abbreviated and paraphrased from the actual verbiage in Document 6209, IRS Processing Codes and Information.

Correspondence Imaging Services (CIS) Documents
  1. CIS is used to manage scanned images of amended Individual Master File (IMF) returns, documents and electronic case files.

  2. When there is a duplicate/amended return on Tax Account (TC 976/977 or TC 971 AC 010, 012 through 016 or 120 and a posted TC 290/291) an indicator "1" is displayed in the Tax Account screen in the CIS column when a CIS document is available.

  3. If a CIS document is indicated, take the following actions:

    1. Access IDRS.

    2. Access AMS.

    3. From the AMS screen, click on "Cases by TIN" in the Case Management section.

    4. In the Taxpayer Lookup screen, enter the TP SSN in the "Request by TIN" field and then click on <Go> or press <Enter> on the keyboard. The TP account summary screen appears.

    5. In the Alert section, click on the "View Images" link.

    6. Select the tax year to review from the CIS image list and click on "Open Image" .

    7. Compare the amended return to the U/R issues to determine if any or all issues are addressed. Continue normal processing.

    8. After processing changes, input the IRS received date located on the amended return.

  4. To exit AMS:

    1. Click on the "Exit Account" link in the upper right hand corner.

    2. In the Taxpayer Lookup window, click on the "Logoff" link to exit the system.

Information Return Window

  1. The Information Return window displays the complete IR. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Information Return window.

  2. Payer address information, as shown on the Information Return window, displays on the CP 2000/CP 2501.

Income Comparison Screen

  1. The Income Comparison screen displays a comparison of amounts reported by payers on IRs and the amount the TP reported on his/her tax return. Access this window when it is necessary to view RETURN and IRP amounts or to determine the discrepant income type. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Income Comparison Screen.

  2. The OFFSET field displays codes describing how matched return and IRP amounts were offset for identification of potential discrepancies.

  3. When attempting to offset income, make sure the income to which it is being offset has not already been used. However, if you can determine that offsets were applied incorrectly, analyze that issue as well.

Analysis Procedures

  1. The following instructions are for use by AUR tax examiners. They are to be used in conjunction with training materials and the IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures.

    1. An UNDERREPORTED (U/R) condition exists when there is income shown on the IR(s) that was not reported by the TP on Form 1040, Form 1040A, or Form 1040EZ. Proposed tax adjustments are based on these U/R amounts, as well as on reported income amounts for which the TP failed to include the required additional taxes (for example, SE tax).

      Note:

      Form 1040A and Form 1040EZ are valid for tax years 2017 and prior.

    2. An OVER-DEDUCTED (O/D) condition exists when the TP claims more of a deduction than is substantiated by IR(s) and/or allowed by law (for example, Mortgage Interest Deduction or Individual Retirement Account (IRA) Deduction).

    3. An UNDERCLAIMED (U/C) condition exists when the TP fails to claim all the payments to which he/she is entitled (such as, W/H).

    4. An OVERCLAIMED (O/C) condition exists when the TP reduces his/her tax liability by an amount that either exceeds the amount shown on the IR(s), and/or the amount cannot otherwise be substantiated (for example, Education Credits).

  2. If Exam issues are discovered during AUR processing, consult with the team leader. Then, if necessary, consult with an Exam representative to decide the appropriate action(s) to take.

  3. Computer identified income/deduction discrepancies of ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ are displayed in the LIST OF DISCREPANCIES field on the Tax Account screen. If the category is a combination type, all appropriate discrepancies are displayed.

  4. The IR(s) contributing to the discrepancies are listed first on the Case Analysis screen, and the specific income type is identified with an asterisk. The AUR system alerts the user that a discrepancy exists where there are no IR(s) to mark.

    Exception:

    O/D and O/C deduction(s) in question will not have a system generated IR. See (6) below.

  5. Cases involving U/R and EIC are identified in Subfile E. An EIC discrepancy can occur when there is unreported: interest, dividends, capital gain net income (including securities), rents, royalties or income from certain passive activities and the TP claims investment income less than the amounts shown in the table below. If the TP’s total investment income exceeds the amount listed in the table below (regardless of overall AGI), the EIC is disallowed.

    TY 2016 TY 2017 TY 2018
    $3,400 $3,450 $3,500
    1. Due to the investment income limitation for EIC, cases have been created with small amounts of apparent U/R investment income. These investment income discrepancies are not asterisked, (in either Case Analysis or the Income Comparison screens) to alert the tax examiner of where the discrepancy lies. The system does not display a warning message.

    2. When accessing cases in Subfile E, screen ALL IRs.

    3. If there is any U/R (regardless of amount), complete the Return Value screen.

  6. If the Case Analysis screen does not contain any asterisked items, go to the Income Comparison screen and/or Tax Account screen to determine the discrepancy and screen the case accordingly.

  7. Discrepant income types are identified with an asterisk on the Income Comparison screen and Information Return window.

    Note:

    Because of computerized offsets, some APPARENT W/H discrepancies are not asterisked. Follow procedures in IRM 4.19.3.17.1, Withholding - General, for these cases.

  8. The Case Analysis screen may contain IRs that HAVE NOT been identified as discrepant. These IRs were added after the case creation and must be analyzed. These IRs are listed along with the discrepant IRs and are identified with an indicator in the AMENDED INDICATOR field. IRs containing the same income types, MUST BE screened and an applicable IR Code assigned to each element of the IR. The indicators are shown as follows:

    • N - New

    • AN - Amended New

    • RN - Replace New

    • DN - Duplicate New

    • XN - Delete New

  9. Initially analyze the asterisked elements on the IR(s) related to the computer identified discrepancies. Also analyze other issues related to the income on the discrepant IR.

    Exception:

    For TY 2016, Education Credits (American Opportunity and Lifetime Learning Credits), must be recomputed whenever the credit was claimed on the return.

    Example:

    Consider adjustments to: Child Care Credit when the DCB element is asterisked; consider SE tax when NEC, MERCH, MED, FISH, etc., elements are asterisked (or when the system identifies a potential SE tax issue); consider the 10 percent tax when Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., element is asterisked and the IR contains a COD, "J" , "L" , "1" , "5" or "7" (with a PGR Indicator of 1).

    Note:

    The AUR system identifies potential SE tax discrepancies on reported income from Form 1040, lines 12, 18 or 21 (tax years 2017 and prior) or Form 1040, Schedule 1 , lines 12, 18 or 21 (tax years 2018 and subsequent) where no SE tax was paid. The system alerts the user that a discrepancy exists when there are no IRs to mark. An asterisk displays in the SELF EMPLOYMENT TAX field on the Income Comparison window. Follow IRM procedures for specific income types and see IRM 4.19.3.16.1, Self-Employment Tax, and Exhibit 4.19.3-22, Examples of Self Employment Income, to determine when SE tax needs to be considered.

    1. If the asterisked IR is discrepant and it contains W/H, always screen W/H element(s).

    2. If there are no asterisked elements for cases in Subfile E, see (4) above.

    3. If the asterisked element(s) is/are fully reported on the line(s) designated for that income on the tax return (for example, discrepant wages are fully reported on Form 1040, line 7 (tax years 2017 and prior) or Form 1040, line 1 (tax years 2018 and subsequent), then check the INCOME COMPARISON screen for a possible misplaced data entry. Screen the income type related to the misplaced data entry.

    4. If the asterisked element is identified as being included in another type of income, analyze all related IRs. (for example, Pensions are identified as discrepant but are found reported on the wage line - analyze both pensions and wages).

    5. If the asterisked element results in above tolerance U/R, screen the remaining non-asterisked items.

  10. Virtual currency may be used to pay for rent, royalties, or any type of goods or services and is to be treated as ordinary income by the recipient. An employer may use it as payment for wages, salaries and compensation. Follow the appropriate analysis procedures, based on the type of document the payer used to report the income.

    Caution:

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

  11. If the discrepant IR(s) element(s) is/are reported and/or the system identified SE tax discrepancy is resolved, close the case using PC 21.

    Exception:

    For TY 2016, Education Credits (American Opportunity and Lifetime Learning Credits), must be recomputed whenever the credit was claimed on the return.

  12. When there is U/R income or if related tax/credit adjustment issues are involved, proceed to Return Value.

    Note:

    It is not necessary to mark non-asterisked IR(s) to access the Return Value screen.

    1. AUR multiplies the CHANGE TO AGI field amount by the highest tax rate for the tax year. If this calculation does not result in either ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      If any of the following is an issue - Schedule A Mortgage Interest, MIP, SE tax, Federal Insurance Contributions Act (FICA), W/H, excess SSTAX, Dependent Care Benefit (DCB), Child Care Credit, Employer Provided Adoption Benefits (EPAB), Education Credits, EIC, and/or Premature Distribution Tax on retirement income, complete the Return Value screen before closing the case. Ignore the Case Analysis screen system prompt to close the case.

    2. Complete all applicable windows.

    3. If the dollar tolerance for issuing a notice is not met, the system displays a message to close the case. Use PC 22 to close below tolerance cases.

  13. Proposed adjustments on the CP 2000/CP 2501 require an explanation to the TP. There is a single set of explanation paragraphs for both the CP 2000/CP 2501. Paragraphs are either manually selected or automatically generated based on the case condition. All applicable paragraphs display in the SELECTED PARAGRAPH field(s) on the Notice Summary screen. All automatic PARAGRAPHs are automatic toggle. If a CP 2501 Notice is selected (PC 30), the system prevents any non-CP 2501 paragraphs from printing on the notice. If issuing a CP 2501do not"toggle off" apparent inappropriate CP 2501 paragraphs. Non-automatic PARAGRAPHs may be viewed, selected, deleted, and/or added.

    • There is a single Notice Summary screen. This is to facilitate automatically generating a CP 2000 from a CP 2501 no-response.

    • The programming that automatically selects paragraphs occurs in different screens (Case Analysis, Return Value or Notice Summary) depending on the conditions needed to set the paragraph. To reduce the instances of paragraphs resetting, the tax examiner should only"toggle off" or "toggle on" paragraphs from the Select Notice Paragraph window accessed in the Notice Summary screen.

    • CP 2000/CP 2501 automatic and non-automatic paragraphs are notated in this IRM as "PARAGRAPH XX" .

    • Miscellaneous Letter paragraphs are notated as "Special Paragraph" . The verbiage provided in the Special Paragraphs is for example only and can be modified as needed.

    • There are 40 numbered paragraphs for use by AUR. In situations where the numbered paragraphs are not applicable, a Special Paragraph may be written in the Special Paragraph window.

    Note:

    Special Paragraphs MUST BE reviewed by a manager or lead tax examiner. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Selecting, Viewing and Deleting Notice Paragraphs.

  14. Twelve different income types can be marked as underreported. If there are more than twelve U/R income types, an error message displays. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  15. When issuing a notice for underreported issues, send the applicable element(s) of the IR. The entire IR will not be sent unless all elements (income types) on an IR are marked with a "S" . This includes modified and created IRs. When an IR is marked with a "U" , the system automatically enters the Send Indicator. If it is determined that the IR should not be sent, remove the Send Indicator.

    Note:

    The Send Indicator must be manually entered on any created or modified IR that the tax examiner wants to include on the Notice. In order for a created IR to be considered valid for inclusion on the notice, it must contain: a payer name, payer EIN, and an income amount greater than zero (in addition to other required entries).

  16. Close short year returns with PC 28.

Information Returns - Review

  1. The initial review of IRs is accomplished from the Case Analysis screen. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures- Case Analysis Overview.

    • All IR(s) with the same document type are sorted in payer Employer Identification Number (EIN) sequence.

    • Be aware of Payer Agent/Fraud information.

  2. Delete EIN IRs as invalid if any of the following apply:

    1. The payer EIN or name on Form W-2 or Form 1099 matches the payee EIN or name on the IR in question.

    2. Schedule E contains a Partnership or Small Business Corporation with the same EIN or name as the payee EIN or name on the IR(s) in question, UNLESS the payer on the IR is the partnership or small business corporation shown on Schedule E.

  3. Delete the EIN IR when the payee name line(s) is obviously not the TP. For example, the name line(s) contains any of the following groups:

    • Government agencies - federal, state, or local

    • School - private, public, colleges, universities, etc.

    • Charitable and tax-exempt organizations - hospitals, churches, medical centers, etc.

    • Pension Profit Sharing Plan name line(s) with the words "trustee for" , "trustee" , etc.

  4. Consider the EIN IR valid (as belonging to the TP) when ANY of the following conditions are present:

    1. Primary or secondary TP's name is the only payee name on the IR.

    2. Primary or secondary TP's name appear in the first or the second name lines on the IR.

    3. The payee address on the EIN IR is the same address as shown on the tax return, Form W-2 or Form 1099 attached to the tax return, or other SSN IRs.

    4. The payee name on the IR implies a sole proprietorship type business, or the TP's occupation as shown on Form 1040, Form 1040A, Form 1040EZ, or Schedule C or F is typically operated as a sole proprietorship or small business.

    5. The payee EIN on the IR matches the EIN on the Schedule C or F.

    Exception:

    If it appears the EIN listed on the Schedule C or F does not belong to the TP (for example, the listed EIN matches a payer EIN on another IR), use IDRS CC INOLES to determine the validity of the EIN.

  5. Compare all valid EIN IRs to amounts on the tax return and related schedules. Use instructions for the particular type of income involved.

  6. Assert SE tax, as appropriate, only on the issues that are normally subject to SE tax. See IRM 4.19.3.16.1, Self-Employment Tax, for further instructions and Exhibit 4.19.3-22, Examples of Self Employment Income.

  7. EIN IRs do not display with an Income Identify Code in the INC CD field. If SE tax applies, enter the appropriate Income Identify Code. If it cannot be determined which Income Identify Code to enter, see Exhibit 4.19.3-9, Income Identify Codes, and enter the value from the "Displayed Codes" column. If the IR has a status code of "U" , it is necessary to remove the "U" before an Income Identify Code can be entered.

  8. Delete IRs when:

    1. Payer Agent Indicator "Y" is present and the Payer Agent window contains instructions to delete the IR. See IRM 4.19.3.6, Payer Agent.

      Note:

      If all U/R income is from identified Payer/Agents and the Payer Agent window contains instructions to accept or delete the IR, close the case with PC 24.

    2. The payee entity contains the words "Estate of" .

    3. The TP's name is preceded by the word "by" .

    4. The payee(s) name is obviously different from the Tax Account names and does not contain obvious business words, even though the SSN matches.

    5. EIN 99-9999999, foreign income, is present and another EIN is present for the same payer. IR dollar amounts may vary due to currency exchange rates.

      Note:

      Delete the 99-9999999 IR ONLY when both are present. Foreign Source IRs are treated the same as domestic source IRs.

    6. The literal is "DELET" .

    7. The filing status is "3" or "6" and the SSN on the IR is for the spouse.

    8. The IR contains non-select term(s) and you determine that the payee is NOT the TP. See Exhibit 4.19.3-10, Non-Select Table.

    9. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  9. Consider IRs with the following conditions valid and pursue any U/R amounts:

    1. The payer's name is garbled, missing, or incomplete. See IRM 4.19.3.5.2(11) c, Comparison of IRP Information Returns With Return Information.

    2. The payee's first and last name are in a different order on the IR.

    3. The payee name is a foreign version of an English name (such as, Peter listed as Pedro or Pierre).

    4. The payee name line includes the TP's title (for example, MD, DDS, CPA).

    5. Only a name control is showing as the payee name and it matches the TP's name.

    6. The payee second name line includes "c/o" (or a variation) followed by the TP's name.

    7. The payee name line contains obvious business words and you determine that the payee is the TP.

    8. The literal is "AMEND" and the document does not match the original documents. See (11) below for further instructions.

    9. The payee name is followed by "and" or "or" without other names.

    10. The IR payee name is a maiden name. If the payee's first name or initial on the IR are the same as the Tax Account name, pursue the IR.

    11. The word "rollover" is present on either the payee or payer side on a 1099R IR. See IRM 4.19.3.8.10.4(1), Rollovers, for further information.

  10. The payee entity name line of the IR may contain terms or variations of terms. See Exhibit 4.19.3-10, Non-Select Table.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ for that document type unless you determine that the payee is the TP.

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ present of the same document type NOT containing a non-select term.

  11. Amended IRs are identified on the Case Analysis screen by Indicator "A" , "R" , "D" or "X" in the AMD IND field. Amended IRs are identified on the Information Return window by the literal "AMEND" , "REPLC" , "DUPLE" , or "DELET" . If the computer has pre-identified amended IRs that are used to replace the original IR, the amended IRs have the literal "REPLC" and the literal on the original is "DELET" . PARAGRAPH 47 automatically generates when Amended IRs are included on the notice. See Exhibit 4.19.3-7 , CP PARAGRAPHS. Delete original IRs if amended IRs match an original. The amended and original IR must have:

    • The same payer name and/or EIN.

    • The same account number (if present).

    • The same type of income if the money amount changes or different income types when the money amount stays the same (for example, amending a Form 1099-MISC, Miscellaneous Income, from NEC to OTINC).

  12. Pursue all IRs if the amended IR(s) does not match an original, or if the amended IR matches more than one of the other IRs.

    1. Amended IRs may reflect incomplete information; neither amount literals nor $0 (zero dollar amounts) are displayed. If such an IR is present, assume the payer/employer attempted to zero out an incorrect income amount previously reported.

    2. A blank in the amount field of an amended IR represents $0 (zero). Amended IRs with $0 amounts appear on the Case Analysis screen only if there is another IR with at least one money amount or the IR is for a Form W-2.

  13. If all elements (SSN/EIN, name, amount, account number, income type, etc.) on any two IRs are identical:

    1. Including the source, delete one of the IRs.

    2. Except the source, delete the paper source IR.

    Exception:

    For Form 1099-B, Proceeds From Broker and Barter Exchange Transactions, see IRM 4.19.3.8.23.1, Securities Sales - Analysis, and for Form 1099-S, Proceeds From Real Estate Transactions, see IRM 4.19.3.8.25.1, Real Estate Transactions - Analysis.

  14. If all elements on any two IRs are identical except that one does not contain an account number, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  15. If all elements (except the account numbers) of any two IRs are the same and it can be determined that the account numbers of both IRs contain the same sequence of numbers or characters, delete one of the IRs.

    Example:

    Account number 0003013826 and account number 3013826 are account numbers which contain the same sequence of numbers.

  16. Do not consider IRs as duplicates when the account numbers are obviously different, even though all other elements are identical.

  17. If a 99MIS, PTK-1 or TRK-1 IR are present for the same TP, from the same payer AND for an identical money amount, see IRM 4.19.3.8.12.1(11), Conduit Income - Analysis, for further information.

Comparison of IRP Information Returns With Return Information

  1. Different income types may be combined on one information document, (for example, Form W-2 may include ordinary wages, allocated tips, W/H). On the Case Analysis screen, each income type is displayed separately and can be assigned a status code.

    Note:

    If an IR with multiple income elements is U/R, input status code "U" ONLY for the income element that is actually U/R. If necessary, enter status code "R" or "N" for any remaining income elements that are not U/R.

  2. An Income Identify Code in the INC CD field of the Case Analysis screen and the Information Return window identifies certain income types to the system so that U/R income is included in related calculations (such as, earned income qualifying for earned income credit (EIC), income subject to SE tax). See Exhibit 4.19.3-9, Income Identify Codes. The tax examiner may change or delete this code if information on the TP's return indicates that the displayed code for U/R income types is inaccurate.

  3. The following general rules apply to the analysis of all types of IRs:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Consider an IR reported if the TP reports the same amount of income but under a different payer name.

    3. Allow a tolerance of $1 (rounding) for each IR. In those processes which do automatic calculations and grouping (for example, SS/RR, IRA Deduction), the system considers the (rounding) tolerance.

      Note:

      The system does not consider a rounding tolerance during automatic calculations that apply to W/H, SE Tax, excess SSTAX, additional MCTXW, or the 10 percent tax. Follow the TP's intent as to rounding, dropping cents, when working these issues.

    4. Consider Payer Agent criteria when evaluating IRs. See IRM 4.19.3.6, Payer Agent, for further instructions regarding Payer Agent data.

  4. Misplaced entries on the tax return are frequent causes of U/R discrepancies. TPs report income on their returns in a variety of places. It is important to thoroughly review the ENTIRE return before identifying income as being underreported.

    1. If there is unearned income (for example, UNEMP, TX/A, income excluded per Notice 2014 - 7 (Medicare waiver or difficulty of care payments/IHSS), etc.) reported as wages, complete the Return Value screen adjusting the TOTAL EARNED INCOME field of the EIC window if necessary.

    2. Be sure that income identified on an attachment is carried forward and included in the adjusted gross income.

  5. When comparing IRs with entries on any line not specifically identified for that income type, the amount must match within $1 or be clearly identified as the income type in question.

    1. If the amount matches within $1, consider the IR reported.

    2. If the amount does not match within $1, but the income type has been clearly identified, consider the IR(s) reported if the entry is a larger amount, or consider the IR partially U/R if the entry is a lesser amount.

  6. When payer documents are attached (Form W-2, Form 1099-MISC, etc.) to a paper return, consider them more accurate than the IR UNLESS:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ continue processing and consider the IR the most accurate.

    3. There is an amended IR that corresponds with the payer document. Consider the amended IR the most accurate.

    4. They appear to be for an incorrect tax year.

  7. TPs recreate payer information (such as Form W-2, Form 1099-R, etc.) to include with their ELF return, increasing the potential for input errors of the payer information, such as transposed money amounts or missing information (for example, pension plan box on Form W-2, COD on Form 1099-R). Review ELF payer documents displayed in the TRDB window as follows:

    1. When the ELF payer document ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Caution:

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

    2. When the ELF payer document ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. When the TP includes an ELF payer document(s) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Caution:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

      Exception:

      If the information appears to be fraudulent or paper documents appear to be altered, see IRM 4.19.3.5.8.1, Identifying and Developing Fraud in AUR, for additional information.

  8. For ELF returns, consider the IR more accurate than the ELF payer document when the ELF payer document shows less income than the IR. All elements of the IR are considered more accurate than the ELF payer document elements.

  9. If the return is missing supporting forms or schedules, research IDRS. If the information is not available, take the following action(s):

    1. Allow credit against IRs for wages, W/H, interest, and dividends reported on the return unless there is an indication the return amounts are not from the same payer(s) on the IR(s).

    2. For all other types of income, do not allow credit against IRs unless the return amount matches an IR within $1.

    3. Do not make any changes in the calculation windows (for example, Child Care Credit, Schedule A, Alternative Minimum Tax), but allow the system to compute if the necessary supporting schedule or form is missing.

  10. The Create Information Return window is used to create a new IR. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Creating Information Returns.

  11. Create an IR if:

    1. The TP reports income/deductions for which there is no corresponding IR, and the reported amount is needed by the system to perform related calculations. (The corresponding information document may or may not be attached to the return.)

    2. There is an attached information document with no corresponding IR, and the income is not reported. Send PARAGRAPH 139, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    3. The payer's name is garbled, missing or incomplete. Use the EIN to research IDRS CC INOLES for the proper payer name. If the income is U/R, recreate the IR as shown on the Case Analysis screen, including the correct payer name. Include the created IR on the notice.

      Caution:

      In order for a created IR to be considered valid for inclusion on the notice, it must contain: a payer name, payer EIN, and an income amount greater than zero (in addition to other required entries). The Send Indicator must be manually entered on the IR by clicking in the SEND INDICATOR field on the Case Analysis screen.

    4. The tax examiner determines other conditions exist that require creation of an IR.

  12. The Modify Information Return window modifies an existing IR. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Modifying Information Returns.

  13. Modify an IR if:

    1. The COD/PGR Indicator is incorrect.

    2. The Payee Indicator is incorrect.

    3. One or more IR(s) belongs to both TPs and the income/deduction amount needs to be allocated (for example, the TPs divided nonemployee compensation from one IR between two Schedules C, and SE tax is an issue).

    4. One or more IR(s) is reported on more than one schedule or form (for example, mortgage interest on Schedule A and Schedule E), and the income must be allocated in order to reflect the correct Income Identify Code.

    5. It is determined other conditions require modification of an IR.

      Reminder:

      After an IR is modified the system marks the original amount with an "X" . To include the modified IR on the notice, click the SEND INDICATOR field next to the original amount.

  14. Use the SEARCH option to view only those IRs that fit specific criteria (for example, payer name, income type). See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Search Function.

  15. Use the SCROLL IR option to view multiple IRs on the Information Return window, without returning to the Case Analysis screen. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - CA Tools Menu.

  16. Use the GROUP option when the TP has not provided a breakdown and it is necessary to compare a total money amount for related IRs with a single line entry on the TP's return. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Grouping Information Returns.

    Note:

    The Group function is a tool to assist the TEs in computing the correct U/R amount. It may not be necessary to use the Group function if the correct U/R can be determined without it.

    1. If the group total amount is larger than the single line entry on the return, assign status code "U" to the group.

    2. If the group total amount is smaller than the single line entry on the return, assign status code "R" to the group.

    Note:

    All IRs of the same income type are grouped together, regardless of the Income Identify Codes. After grouping, it may be necessary to remove an IR(s) from the group because of the Income Identify Code.

  17. If a 99MIS IR has two identical money amounts (for example, NEC is $500 and MED is $500) and the TP reports one of the amounts, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  18. A photocopy of a prior year CP 2000 response may be attached to the return. Consider the information in the previous year's response. This information may result in resolving the U/R issue(s).

  19. When a U/R issue for the same type of income from the same payer was resolved per a copy of a Letter 2625C response from a prior year attached to the return, delete any current year IR.

    Note:

    If a prior year AUR closure letter (such as, CP 2005, Letter 1802C) is attached to the return, research the prior year to see if the resolved issue(s) corresponds to the current AUR year discrepancy. If so, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  20. If all IRs are matched exactly, but there is still a U/R amount:

    1. Add the amounts reported on the return. (There has probably been a math error.)

    2. Pursue the U/R issue.

    3. Send an appropriate paragraph to advise the TP of the error.

  21. If the discrepancy is resolved, close the case using PC 2X.

  22. Foreign source income IRs are identified by:

    • A payer TIN of "99-9999999" .

    • An unusual payer name (Bundesent fer Finazen, Banque de Quebec) or a payer name indicating a foreign country (French Dividends, German Securities, United Kingdom Royalties).

    • Foreign country abbreviation in the State field.

    • Account Code Type "T" .

      Note:

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

Service Center Recognition/Image Processing System (SCRIPS)
  1. The following procedures apply to the analysis of Service Center Recognition/Image Processing System (SCRIPS) IRs.

  2. The system displays a warning message when STATUS CODE "U" is assigned to a SCRIPS IR(s). When this message is received, the tax examiner should screen the related IR with EXTREME care.

  3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Example:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

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

      Example:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. If a SCRIPS IR is asterisked and is deleted due to one of the conditions in (3) above and the other asterisked item(s) are reported or below tolerance, close the case. If the other asterisked item(s) are U/R, continue processing.

  5. If a SCRIPS IR is U/R and none of the conditions in (3) above are present, consider the IR correct and pursue the issue using normal procedures.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Do not send SCRIPS IRs with erroneous information to the TP. Create an IR to reflect the correct information and include it on the notice.

  6. Do not send information regarding erroneous SCRIPS IRs to the AUR Payer Agent Coordinator, unless some other payer agent (P/A) condition exists.

Jointly Owned Income

  1. Joint ownership is indicated when there are two or more names on the IR, or one payee name is on the IR followed by "and" or "or" . This situation occurs primarily when working with interest, dividend and/or securities income.

  2. When the TP reports the appropriate percentage of ownership from a jointly owned IR, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Exception:

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

  3. If the TP resides in a Community Property state, see IRM 4.19.3.5.4, Community Property States, for further instructions.

  4. If the filing status is 3 (Married Filing Separately), the spouse's name appears on the IR, the TP does not report ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ of the income in question or does not include a statement that ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , research IDRS using CC INOLE, RTVUE, ENMOD, etc. for the spouse's return.

    Note:

    If the IR is solely for the spouse, delete the IR.

    1. If the spouse did not file a return, issue a CP 2000.

    2. If the spouse filed a return, it may be possible to determine if the spouse reported the jointly owned income. If the difference between the spouse’s IRPTR data and his/her reported per return amount (from CC RTVUE, or IMFOLR) for the related income type equals the U/R amount (within tolerance) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . If not, issue a notice for the full U/R amount to the AUR TP.

  5. If the filing status is 6 (TP claiming an exemption for spouse not filing), issue a notice as appropriate to the primary TP for the U/R issue.

    Reminder:

    If the filing status is 6 and the IR is for the spouse, delete the IR.

Community Property States

  1. TPs who reside in a community property state and who are subject to the state’s community property laws must follow the state community property laws to report their community/separate income on a federal tax return.

  2. AUR may receive requests for filing status changes based on the June 26, 2013 Supreme Court ruling on a provision of the 1996 Defense of Marriage Act (DOMA). The effect of the Supreme Court’s opinion is that same-sex couples who are lawfully married under state law are treated as married for all federal tax purposes including income and gift and estate taxes. The ruling applies to all federal tax provisions where marriage is a factor, including filing status, claiming personal and dependency exemptions, taking the standard deduction, employee benefits, contributing to an IRA and claiming earned income tax credit (EITC) and child tax credit (CTC). If the TP submits a Form 1040X requesting a filing status change see IRM 4.19.3.22.7.4(3), Referrals.

  3. The Community Property states are:

    • Arizona

    • California

      Note:

      A Chief Counsel Advice Memorandum issued in May of 2010 provides that in computing federal income tax California’s community property laws apply to registered domestic partners (RDP) who reside in California in computing the partner’s federal income tax.

    • Idaho

    • Louisiana

    • Nevada

      Note:

      The states community property laws apply to RDP as of October 1, 2009.

    • New Mexico

    • Texas

    • Washington

      Note:

      The states community property laws apply to RDP as of June 12, 2008.

    • Wisconsin

  4. Married TPs can elect to file either a joint return or separate returns (to get a greater tax advantage). If the TPs meet certain conditions, they may be eligible to file a non-joint return using either FS 1 (single) or FS 4 (head of household), as opposed to FS 3 (married filing separate).

  5. RDPs are not married for federal tax purposes. They can use only the single filing status, or if they qualify, the head of household filing status. RDPs treat income as jointly owned. An RDP must report half of all community income and all of his/her separate income on his/her tax return. TPs attach Form 8958, Allocation of Tax Amounts Between Certain Individuals in Community Property States, (or similar statement) to show how the income has been allocated.

  6. Community income is generally income from:

    • Community property (such as, a jointly owned savings account)

    • Salaries, wages or pay for services that either spouse performed during their marriage

    • Real estate that is treated as community property under the laws of the state where the property is located

  7. Separate income is generally income from separate property. Separate income belongs to the TP who owns the property.

    Note:

    Contribution limits on IRAs are applied without regard to community property interests.

  8. When married TPs choose to file separate tax returns, they should use Form 8958 (or similar statement), to list their income, deductions and W/H. Each TP is instructed to attach the Form 8958 (or similar statement) or a photocopy of the other spouse's payer documents (Form W-2, Form 1099, etc.) to each of their individual tax returns.

  9. On the Form 8958 (or similar statement), community income is generally equally divided between both TPs and each TP would report their separate income.

    1. Earned income (for example, wages, nonemployee compensation) is generally considered community income and the TPs would divide their combined income equally between them.

      Note:

      The amount of W/H would also be combined and divided between both TPs.

    2. Jointly held savings accounts are treated as community property. Individual savings accounts that earn either interest or dividends are generally considered separate property.

      Exception:

      The Community Property laws for those TPs who reside in Idaho, Louisiana, Texas or Wisconsin stipulates that income from separate property is generally treated as community income. For example, interest earned on an individual savings account would be considered community income.

  10. On an individually filed tax return, if there is partially reported income/deductions and the TP resides in a community property state as listed in (3) above, determine if the AUR condition is the result of the income allocation.

    1. Consider the information return fully reported if attached statements/worksheets or Form 8958 identifies that the income was allocated between both spouses (including RDPs).

    2. If the discrepant information return is not addressed in the attached statement/worksheet or Form 8958, pursue the full amount of the income.

Deceased Taxpayers

  1. On married filing joint (FS 2) returns if there is an indication that the primary or secondary TP is deceased, but the Tax Account screen (Entity section) does not reflect this, research IDRS CC INOLES to determine which TP is deceased.

  2. Follow the procedures listed below to screen the case:

    Note:

    When one of the TPs is deceased, see IRM 4.19.3.8.17.1(4), SS/RR - Analysis, for procedures to resolve SS/RR discrepancies on jointly filed returns.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Caution:

      If the decedent's income is reported on the return, consider the IR reported and enter status code "R" . This allows the system to correctly calculate any changes.

      Exception:

      If the surviving spouse's U/R income causes a change in the taxable portion of a decedent's reported SS/RR, Student Loan Interest Deduction, IRA Contributions and/or Tuition and Fees, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Send PARAGRAPH 129, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    4. Issue a notice if the U/R IR(s) show ownership for the surviving spouse.

  3. If issuing a notice, input the current information in the Update Address window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Updating Address Information.

    1. Update the first name line.

    2. For joint returns, enter DECD after the given name of the deceased TP.

    3. For other than joint returns, enter DECD after the TP's last name, including suffix.

      Note:

      The first name line is limited to 35 characters. If DECD will not fit on this, input the deceased TP's name and DECD on the second name line.

    4. Enter the second name line, if present.

    5. Enter "D" in the Split Code field.

Declared Disaster Areas

  1. AUR HQ inputs zip codes for specific declared disaster area situations, as necessary, based on IRS Disaster Relief Memos. Follow system prompts to ensure proper handling of declared disaster area cases. Disaster types with case impact:

    Note:

    Use of IPC 0D, 3D, 6D or 8D and Batch Type 35, 43, 63 and 73 to process disaster cases should occur ONLY when the TP self-identifies or as directed by AUR HQ and ONLY for impacted sites/cases.

    1. Type 2 - suppresses CP 2000/CP 2501 and Statutory Notices.

    2. Type 3 - prevents cases from defaulting (notices continue to be issued).

    3. Type 4 - suppresses CP 2000/CP 2501 and Statutory Notices AND prevents all enforcement actions.

      Note:

      IRS Disaster Relief Memos provide guidance on how enforcement actions are impacted; for example, suspension of notice issuance and/or prevention of cases from defaulting. No change or adjustments resulting in a refund are permitted. See IRM 4.19.3.22.1.16, Disaster Cases, for additional information.

  2. Cases with the following characteristics may require special and/or manual processing:

    1. Special rules for withdrawals and loans from IRAs and other qualified retirement plans, reported on Form 8930, Qualified Disaster Recovery Assistance Retirement Plan Distributions and Repayments, and taken into consideration on Form 8606, Nondeductible IRAs.

    2. Education Credits on Form 8863, Education Credits (American Opportunity and Lifetime Learning Credits).

      Note:

      Follow procedures in the income/issue specific subsections when there is an indication of the items listed above.

Frivolous Return Program (FRP)

  1. A frivolous return is defined as noncompliance with filing and/or paying tax based on unfounded legal or constitutional arguments per IRM 25.25.10, Frivolous Return Program. If in doubt about whether the return is frivolous, consult with your lead or manager. If it is determined during screening that the return is frivolous, close the case with PC 13, notate the folder/Form 4251/Campus cover sheet for clerical "FRP to Ogden" .

    Note:

    See IRM 4.19.3.5.9(6), Miscellaneous, if the TP is quoting an IRC.

  2. If the return is determined NOT to be frivolous, continue normal processing.

  3. If FRP requests an AUR case after TP contact, close the case with the appropriate PC (38, 64 or 85), notate the folder/Form 4251/Campus cover sheet for clerical "FRP to Ogden" .

Fraud Referral Program

  1. The primary objective of the fraud program is to foster voluntary compliance through the recommendation of a criminal investigation/prosecution and/or civil penalties against TPs who evade the assessment and/or payment of taxes known to be due and owing.

  2. Tax fraud is often defined as an intentional wrongdoing on the part of a TP, with the specific purpose of evading a tax known or believed to be owing. Tax fraud requires both:

    1. a tax due and owing; and

    2. fraudulent intent

  3. The objective of the Campus Fraud Referral Program is to:

    1. Identify cases with potential fraud.

    2. Develop fraud guidance from the Campus Fraud Referral Specialist (FRS).

    3. Refer potential fraud cases to Field Exam for further development.

  4. Fraud Technical Advisor (FTA) - The FTA assists with the development of fraud in the Campus Examination environment.

  5. Functional Fraud Coordinator (FFC) - The FFC is a fraud liaison assigned to a specific function or operation within the Campus. The FFC is responsible for reviewing the Forms 13549, Campus Fraud Lead Sheet, and conducting research used to establish a pattern of non-compliance. See IRM 4.19.10.4.3, Responsibilities of the Functional Fraud Coordinator (FFC), for additional information.

  6. Campus Fraud Coordinator (CFC) - The CFC is a fraud liaison assigned to each SB/SE Campus. The CFC is the main point of contact with the FTA assigned to that campus.

  7. Exam Fraud Coordinator (EFC) - The EFC is a fraud liaison assigned to each W&I Exam function. The EFC is the main point of contact with the FTA assigned to that campus.

Identifying and Developing Fraud in AUR
  1. During the course of AUR case work, situations may be encountered involving potential fraud, referred to as indicators of fraud. Although only a small percentage of cases are fraudulent, it is essential to detect and report any potential fraudulent activities. IRM 25.1.2.3, Indicators of Fraud, provides several lists of Fraud Indicators. The following list has been developed for AUR and identifies examples of indicators of fraud that are most likely to be found in a campus environment (this list is not all inclusive and may involve a promoter/return preparer):

    • Altered Documents

    • False deductions/adjustments to income

    • False/overstated Form W-2 for EIC purposes (may be preparer/promoter)

    • False Schedule C for EIC purposes

    • Identity theft (sale or purchase)

    • False basis in assets

    • False transaction date for asset disposition

    • False statements made by TP

    • False exemptions

    • Use of decedent’s SSN

    • False business, rental, or farm expenses

    • False or overstated refundable credits

    • False/overstated Form 1099- MISC

    • Amended returns with any of the above

  2. Fraud is developed by trained Fraud caseworkers until it is determined that affirmative acts (deceit, subterfuge, camouflage, concealment or some attempt to color or obscure events or to make things seem other than they are) exist. The Service must prove that the TP acted deliberately and knowingly with the specific intent to violate the law. Once a suspicion or indicator of fraud is found, it is essential that the case be transferred to the designated AUR Functional Fraud Coordinator (FFC) for further development.

  3. See IRM 25.1.1.3, Indicators of Fraud vs. Affirmative Acts of Fraud.

Online Fraud and Other Scams (PHISHING)
  1. Cases where the TP indicates receipt of an AUR notice/letter but there is no record on the AUR system of any notice/letter issuance for the tax year in question; in other words, a fake CP 2000, require special handling. Ask the TP if the notice/letter was received vial mail or email; see the table below to determine the proper actions to take:

    If the TP received the notice Then
    Via mail
    1. Advise the TP to report the incident by accessing the information on https://www.irs.gov/uac/report-phishing and following the directions.

      Note:

      If the TP does not have internet access, refer to (2), below.

    2. Request the TP provide a copy of the notice/letter, including all enclosures and the packaging envelope, if available.

    3. Inform the TP the AUR department has no compliance issue and no further action is necessary.

      Caution:

      It may be necessary to research the TP’s account(s) to validate there are no other IRS issues; for example, balance due.

    4. If the TP’s identity is compromised (their SSN is on the notice/letter), inform the TP they may be a victim of ID Theft and advise him/her to complete Form 14039, IRS Identity Theft Affidavit. See IRM 4.19.3.22.1.26.1, IDT - General. for additional information.

    5. Refer the matter to the AUR Coordinator and advise the Coordinator the notice/letter was received by mail. Provide a copy of the notice/letter, including enclosures and the packaging envelope, if available. Inform the Coordinator if no enclosures or packaging was provided, when requested from the TP.

    Via email
    1. Inform the TP not to reply to the email, open any attachments as they may contain malicious code, or click on any links.

    2. Advise the TP to report the incident by accessing the information on https://www.irs.gov/uac/report-phishing and following the directions.

      Note:

      If the TP does not have internet access, refer to (2), below.

    3. Request the TP provide a copy of the email/fax, if available.

    4. Inform the TP the AUR department has no compliance issue and no further action is necessary.

      Caution:

      It may be necessary to research the TP’s account(s) to validate there are no other IRS issues; such as, balance due.

    5. If the TP’s identity is compromised (their SSN is on the notice/letter), inform the TP they may be a victim of ID Theft and advise him/her to complete Form 14039, IRS Identity Theft Affidavit. See IRM 4.19.3.22.1.26.1, IDT - General. for additional information.

    6. Refer the matter to the AUR Coordinator and advise the Coordinator the notice/letter was received via email. Provide a copy of the email, if available.

  2. If the TP does not have internet access advise him/her to contact TIGTA. TIGTA can be reached at 800-366-4484 or by faxing information to 202-927-7018. Information can also be mailed to Treasury Inspector General for Tax Administration Hotline, PO Box 589 Ben Franklin Station, Washington, DC 20044-0589.

AUR Tax Examiners Fraud Responsibilities
  1. Identify indications of fraud that are uncovered through regular case processing. Prior to researching for fraud indicators, use the IAT "aMend" tool, research portion, to determine Scrambled SSN or Mixed Entity. If yes, prepare Form 4442 for referral to AM. If no, refer to the following:

    1. Fraud Refund Scheme listing found in the Job Aids section on SERP: http://serp.enterprise.irs.gov/databases/irm-sup.dr/job_aid.dr/RICS-IVO/FraudRefundSchemeListing.htm

    2. IRM 4.19.3.5.8.1, Identifying and Developing Fraud in AUR.

    3. IRP data versus the filed return; for example, the only UR income is social security benefits that do not indicate a filing requirement. The posted return appears to have fraudulent income reported, such as Schedule C and wage income that cannot be verified on IRPTR. Refer to Exhibit 4.19.3-19, Filing Requirements for Most People, for additional information.

  2. Discuss the indicators of fraud with the group manager or lead. If the group manager or lead concurs:

    1. Complete Sections I, II and III of Form 13549, Campus Fraud Lead Sheet (information and indicators of fraud).

    2. Secure the group managers initials and date.

    3. Assign the appropriate IPC 0D, 0F, 3F, 6F, or 8F.

    4. Forward the case and the sheet to the AUR Functional Fraud Coordinator (FFC) for consideration.

  3. Documentation is critical in the development of fraud. Maintain complete and accurate case notes that include each of the following:

    1. All case actions.

    2. All documents received.

    3. All contacts must be adequately documented (for example, changes to entity information were recognized/updated).

    4. All conversations with the TP, representative, return preparer, and third parties must be recorded (what was discussed and the responses).

  4. If Fraud refuses the case it will be returned to the tax examiner per IRM 4.19.3.5.8.3(6), AUR Functional Fraud Coordinator Responsibilities. See the table below for the appropriate action to take.

    If Then
    The case is in the screening phase Close the case PC 28, if instructed by the FFC to do so.
    The TP's response indicates they did not file a tax return (regardless of agreement to the U/R income)
    1. Research and print ENMOD. If there is an indication of identity theft see IRM 4.19.3.22.1.26.3, IDT Claims - Responses.

    2. If not, issue a Letter 2626C, and advise the TP to submit a completed return including the required signatures or a signed statement that they did not have a filing requirement with a copy of our notice. Refer to Exhibit 4.19.3-19, Filing Requirements for Most People, for additional information.

    3. Request Form 14039 or a police/law enforcement incident report.

    4. Leave a detailed case note outlining the TP response and actions (such as, "TP resp didn’t file. 2626C for rtn or signed stmt" ).

AUR Functional Fraud Coordinator Responsibilities
  1. The AUR Functional Fraud Coordinator (FFC) is responsible for developing fraud cases:

    1. Conducting preliminary screening of Form 13549, to determine if the referral should be forwarded to the CFC (all cases in IPC 0D, 0F, 3F, 6F, and 8F).

    2. Conducting research used to establish a pattern of non-compliance.

    3. Making a determination to accept (forward the case to the CFC) or decline the referral within 10 (ten) days of receipt.

    4. Leave a case note detailing actions taken (for example, forwarded to Fraud, doesn't meet fraud criteria, etc).

  2. The AUR FFC is also responsible for monitoring and managing the Fraud Referral Program within the AUR Operation.

    1. Maintaining a copy of each Form 13549 for 3 years.

    2. Tracking all AUR fraud leads, including those declined/returned to AUR and those accepted for further fraud development. AUR will use a combination of the IPC listing and Form 13549 to track fraud referral cases.

    3. Submitting information on fraud referral/accepted/declined cases to Exam Headquarters by the fifth day of each month.

    4. Completing the Campus Fraud Monitoring report located at \\VPWSENTSHRCMN43\Common.

  3. If the AUR FFC declines the fraud lead he/she will:

    1. Provide a written explanation for the declination in Section VI, Explanation for Declination, of Form 13549.

    2. Return a copy of the completed Form 13549, to the initiator through the initiator’s team leader/manager.

    3. Reassign the case to the initiator's User Identification Number (UID).

  4. If the AUR FFC accepts the fraud lead, he/she will:

    1. Annotate the acceptance on the Form 13549.

    2. Forward the fraud lead (case or scanned documents and Form 13549) to the CFC for a final fraud determination. .

      Caution:

      The normal Assessment Statute Expiration Date (ASED) expires three (3) years from the due date of the return or three years from the received date of the original return; whichever is later. There must be at least 13 months remaining on the ASED, from the date the case is referred to the CFC. If less than 13 months remain and the case has good fraud potential, the FFC can contact the CFC who can consider accepting the case on a case by case basis.

    Note:

    The CFC is required to make a determination to accept or decline a lead within 21 business days of receipt.

  5. If the CFC accepts the fraud lead for further development, he/she will request the case be reassigned and ensure the case is established on AIMS. The AUR FFC will:

    1. Close the case using Fraud Closing PC 14, 44, 72 or 84, as appropriate.

    2. Annotate the Form 13549 and keep a copy for the AUR records.

      Note:

      Copies of Form 13549 must be maintained by AUR for three years.

    3. Make and send a copy of the Form 13549 to the initiator through the initiator's manager.

    4. Ensure the entire case contents are forwarded.

      Note:

      If the case contents are being trans-shipped to the CFC, recharge the return using IDRS CC ESTABDT or Form 2275, Records Request, Charge and Recharge.

  6. If the CFC declines the fraud lead, he/she will return the Form 13549 with a written explanation to AUR. The AUR FFC will:

    1. Return the Form 13549 to the initiator through the initiator’s manager.

    2. Transfer the case to the initiating tax examiner's UID.

Miscellaneous

  1. Initial processing errors, or additions to the AGI are corrected by entering the appropriate amount(s) in the MISCELLANEOUS ADJUSTMENT fields on the MISC ADJUSTMENT/SCHEDULE C EXPENSE window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Miscellaneous Adjustment/Schedule C Expense. When any amount is entered in this window send a Special Paragraph explaining the adjustment. The amount computed in the changed amount field is included in the AGI by the system and is considered in all calculations. This amount is included in the U/R Amount on the Return Value screen and displays on the Notice Summary as Miscellaneous Adjustment.

    Caution:

    Do not use this window for situations where a specific income/deduction type has its own window for the required adjustment. Also, the entry for the return field can be a negative or a positive amount, depending on the line entry being changed.

  2. If Form 6781, Gains and Losses from IRC 1256 Contracts and Straddles, is attached to the return, or if Form 1040, line 44 (tax years 2017 and prior) or Form 1040, Schedule 2, line 44 (tax years 2018 and subsequent), indicates that the tax is from Form 6781, continue normal processing. This is reported on Schedule D.

  3. A net operating loss (NOL) is identified by a negative entry on

    Tax Year Form and line number
    2017 and prior Form 1040, line 22 caused by negative amounts on lines 12, 14, 17 other than Schedule E Part I, line 18, or the indication of a carryover NOL on line 21.

    Note:

    A NOL is indicated by a negative amount on Form 1040, line 22. A NOL does not exist simply because there are negative entries on lines 12, 14, 17, 18, or 21.

    Tax Year 2018 and subsequent Form 1040, Schedule 1, line 22 caused by negative amounts on Schedule 1, lines 12, 14, 17 other than Schedule E Part I, line 18, or the indication of a carryover NOL on Schedule 1, line 21.

    Note:

    A NOL is indicated by a negative amount on Form 1040, Schedule 1, line 22. A NOL does not exist simply because there are negative entries on lines 12, 14, 17, 18, or 21.

    .

    1. Verify that the correct amount is displayed in the NET OPERATING LOSS AMT field of the Return Value screen.

    2. If a NOL is caused by negative entries on Form 1040, lines 14 or 21, (Form 1040, Schedule 1, lines 14 or 21, Tax Year 2018) an amount does not display on the Return Value screen. Input the amount of the NOL in the NET OPERATING LOSS AMT field.

    3. The NET OPERATING LOSS AMT field displays an amount that is just a negative figure, not an actual NOL. If a displayed amount is not a NOL, delete the incorrect amount.

  4. If Form 1040 (Form 1040 , Schedule 1, Tax Year 2018) shows a net operating loss, continue normal processing.

  5. If IRC 6501(d), Request for Prompt Assessment, is noted on the tax return, or there is a statement requesting a prompt assessment, AND there is a U/R amount, the case MUST BE WORKED EXPEDITIOUSLY. Prompt Assessment cases have an 18 month statutory period for the assessment of additional tax. Refer to the table below for the proper action to take:

    If Then
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    1. Enter "Y" in the IRC 6501(d) field on the Tax Account screen.

    2. Enter the irregular statute of limitation date in the IRREG DATE field on the Tax Account screen.

    3. Control the case and continue processing.

  6. If an attachment indicates the income in question is nontaxable and the TP cites an IRC section, determine the validity of the TP's statement by researching the IRC. If the IRC submitted by the TP(s) is not valid, send a Special Paragraph to inform him/her that the explanation is not acceptable.

  7. Erroneous refunds caused by IRS error require special processing, see IRM 4.19.3.5.13, Erroneous Refunds, for further information.

Limitation on Business Lossess - Tax Year 2018 and Subsequent

  1. The Tax Cuts and Jobs Acts of 2017 (TCJA) enacted December 2017, limits losses from a trade or business of noncorporate TPs when the net losses from all trade or business income is more than $250,000 ($500,000 MFJ). Taxpayer’s will complete one Form 461, Limitation on Business Losses, containing both spouses (MFJ) information. A deduction for an excess business loss cannot be taken in the current tax year and is treated as a Net Operating Loss (NOL) carryover. Taxpayer’s will use Form 461, to figure any excess business loss.

  2. The taxpayer may need to adjust the business loss when there are changes to income reported and the loss is more than the limitation on any of the following:

    • Schedule C

    • Schedule D/Form 8949

    • Schedule E

    • Schedule F

    • Form 4835

    • Form 4797

  3. TPs are instructed to report the excess business loss amount on Form 1040, Schedule 1, line 21 as a positive number and indicate "ELA"

    Note:

    DO NOT assess SE tax on the excess business loss amount reported on Form 1040, Schedule 1, line 21.

  4. If Form 461 is attached, Send PARAGRAPH 205

Limitation on Business losses Responses - Tax Year 2018 and Subsequent

  1. Taxpayer’s may submit Form 461, Limitation on Business Losses, with their response. If the taxpayer provides a new or revised Form 461, input the new loss amounts in the MISC ADJUSTMENT window as a positive amount. If issuing a notice, send PARAGRAPH 206.

AUR Bankruptcy Coordinator Procedures - Contact by Insolvency

  1. When contacted by an Insolvency Specialist on a case in AUR inventory that has not yet been screened:

    1. Inform the Insolvency Specialist that there will not be an AUR issue for the year in question.

    2. Leave a detailed case note documenting the contact with the Insolvency Specialist.

    3. Take the following action to close the case with PC 27:

      If Then
      The case is currently in a batch (AB, AU OR BF status) Have the case assigned to yourself and input closing PC 27.
      The case is not currently in a batch (for example, the case is in a future run control) On a weekly basis, provide the clerical function with a listing of SSNs and request that they assign PC 27.

      Note:

      Follow the above procedures regardless of whether or not Bankruptcy indicators are present on the AUR system.

    4. Run the AUR Bankruptcy Status listing on a weekly basis and take appropriate steps to address the cases identified on the listing. Provide clerical with the SSNs of any "pre notice" cases identified from the listing to be closed with PC 27. See IRM 4.19.3.22.1.10.2(16) a, Bankruptcy Procedures - AUR Bankruptcy Coordinator Instructions, for additional information.

  2. When contacted by an Insolvency Specialist on a case that has been screened but the notice has not yet been issued:

    1. Inform the Insolvency Specialist that there will not be an AUR issue for the year in question.

    2. Leave a detailed case note documenting the contact with the Insolvency Specialist.

    3. Stop the notice and input PC 27. See IRM 4.19.3.19.3, Stop Notice Functionality, for additional information on stopping notices.

      Note:

      Follow the above procedures regardless of whether or not Bankruptcy indicators are present on the AUR system and/or regardless of the proposed U/R amounts.

Erroneous Refunds

  1. An erroneous refund is any receipt of money from the Service to which the recipient is not entitled. It includes all erroneous payments to the TP, even if the erroneous refund involves returning the TP’s own money. An erroneous refund may occur when:

    • The statute of limitations has expired and a refund is issued.

    • There are misapplied payments.

    • The AUR adjustment erroneously releases a credit hold (for example, IVO involvement TC 971 AC 134 is present).

    • The AUR payment is posted with TC 670 or TC 610.

  2. When an erroneous refund is identified and the TC 846 has not posted, use the IAT "Stop Refund" tool to stop the refund. The action to stop the refund must be input by 10:00 a.m. on the Wednesday preceding the date of the refund.

    Caution:

    Do not stop a direct deposit refund; which is identified by the number "10" in the DDRC field on IDRS CC IMFOLT.

  3. When an erroneous refund is identified and is the only issue, assign PC 28, 53, 68, or 88. If the Erroneous Refund Statute Expiration Date (ERSED) has expired, close the case with PC 28, 52, 71, or 96. Take appropriate actions to resolve the erroneous refund issue. See IRM 4.19.3.5.13.1, Recovering Erroneous Refunds, for additional information.

Recovering Erroneous Refunds
  1. There are four categories of erroneous refunds that AUR will work; Category A1, A2, B and D. Each category has a specific method that must be used to recover the erroneous refund and different statutes of limitation apply.

  2. The Statute of Limitation used when recovering erroneous refunds are:

    1. ASED (assessment statute expiration date) which is generally three years from the date the return was filed,

    2. CSED (collection statute expiration date) which is generally ten years from the date of assessment, and

    3. ERSED (erroneous refund statute expiration date) which is generally two years from the date of the erroneous refund check or direct deposit. A five year statute applies when the IRS can show the erroneous refund was induced by fraud or a misrepresentation of a material fact. ERSED is used to recover Category D erroneous refunds.

  3. When a case is determined to be an erroneous refund, there are two steps to follow for recovering an erroneous refund:

    1. Identify the appropriate erroneous refund category.

    2. Complete the required actions within the applicable statutes to correct the error that caused the erroneous refund.

    Category IRM Reference
    A1 See IRM 4.19.3.5.13.1.1
    A2 See IRM 4.19.3.5.13.1.2
    B See IRM 4.19.3.5.13.1.3
    D See IRM 4.19.3.5.13.1.4
Recovering Erroneous Refunds - Category A1
  1. Category A1 Erroneous Refunds occur when the tax liability has been understated due to an error by the IRS on either a tax assessment or on an adjustment to the tax liability and the error results in a refund.

    Example:

    The IRS lowered the tax when processing the original return or an incorrect adjustment on an amended return was made.

  2. The Category A1 Erroneous Refund is generally recovered with a deficiency assessment by the Examination function. The notice of deficiency must be issued by the ASED.

    1. Prepare Form 4442, Inquiry Referral, and include any information pertinent to the erroneous refund. Forward the Form 4442 to the Examination function for the issuance of a deficiency notice.

      Exception:

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

      Note:

      When Exam is contacted for issuance of a deficiency notice, notify HQ. Provide the tax year, SSN and an erroneous refund chronology.

    2. Use the IAT "REQ77" tool to input TC 971 AC 663; regardless of erroneous refund amount.

    3. Leave a case note and assign appropriate PC/IPC.

      Note:

      The Letter 510C is not issued on Category A1 Erroneous Refunds. Do not input a TC 470 or a TC 844 on these accounts.

Recovering Erroneous Refunds - Category A2
  1. Category A2 Erroneous Refunds involve errors on non-refundable and/or refundable credits that are subject to deficiency procedures. Examples of refundable credits subject to deficiency procedures include Additional Child Tax Credit and Earned Income Tax Credit.

  2. Category A2 Erroneous Refunds are generally recovered with a deficiency assessment by the Examination function. The notice of deficiency must be issued by the ASED.

    1. Prepare Form 4442 and include any information pertinent to the erroneous refund. Forward to the Examination function for the issuance of a deficiency notice.

      Exception:

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

      Note:

      When Exam is contacted for issuance of a deficiency notice, notify HQ. Provide the tax year, SSN and an erroneous refund chronology.

    2. Use the IAT "REQ77" tool to input TC 971 AC 663; regardless of erroneous refund amount.

    3. Leave a case note and assign appropriate PC/IPC.

      Note:

      The Letter 510C is not issued on Category A2 Erroneous Refunds. Do not input a TC 470 or a TC 844 on these accounts.

Recovering Erroneous Refunds - Category B
  1. Category B Erroneous Refunds occur when the TP overstates their W/H, additional MCTXW, excess SST, or estimated income tax payments on a return or a claim for refund.

    Note:

    If the IRS caused the overstatement of W/H, additional MCTXW, excess SST, or estimated tax payments, the erroneous refund becomes a Category D Erroneous Refund and can only be recovered through the Category D Erroneous Refund procedures. See IRM 4.19.3.5.13.1.4, Recovering Erroneous Refunds - Category D, for further information.

  2. Category B assessments are not subject to the deficiency procedures; however, the assessments must be made by the ASED.

  3. The Letter 510C is not issued on Category B Erroneous Refunds.

  4. Do not input a TC 470 or a TC 844 on these accounts.

  5. Do not use Hold Codes on the adjustment that will prevent the notice from being generated.

Recovering Erroneous Refunds - Category D
  1. Category D Erroneous Refunds include any erroneous refund that is not included in any other erroneous refund category. The Category D Erroneous Refunds can also include any other Category of Erroneous Refunds if the ASED has expired but the ERSED is still open.

  2. The Erroneous Refund Unit in Accounting inputs a false credit (TC 700) on Category D Erroneous Refunds to remove the erroneous refund amount from Masterfile and reestablish the account in Accounting.

    1. This action prevents notices and administrative collection action (liens or levies) from occurring on the erroneous refund liability.

    2. The TC 700 credit can be identified by a Document Code 58 and a blocking series 950-999 in the DLN.

    3. These accounts will have a -U Freeze (generated by a TC 844) and it informs other employees the account is being worked and monitored in Accounting.

    4. Do not release the TC 700 credit.

  3. The IAT "Erroneous Refund" tool may be used in the processing of Category D erroneous refunds.

  4. When a Category D Erroneous Refund is identified within the ERSED statute:

    1. Issue Letter 510C using the IAT "Letters" tool. The date of the letter is considered to be the Date of Demand. Two copies of the letter are needed; one to attach to Form 12356, Erroneous Refund Worksheet, and one for the AUR case file.

      Exception:

      Do not send Letter 510C when the ERSED is expired. Refer to (10) below.

    2. Input the adjustment using the IAT "REQ54" tool for the TC 807 (W/H) and/or TC 252 (EXSST) using blocking series 55 and Hold Code (HC) 3. Use source document "Y" if including the original return with the adjustment.

      Note:

      Failure to Pay Penalty (FTP) under IRC 6651(a)(2) and (a)(3), does not apply to Category D erroneous refunds. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. Input any necessary credit transfers using the IAT "Credit Transfer" tool. Use TC 570 on the debit side to suppress the CP 60 Notice. The IAT "Credit Transfer" tool contains a box for Debit Freeze and Credit Freeze and will input the TC 570 when checked.

    4. Input TC 470 using the IAT "REQ77" tool. If the ERSED has expired, do not input TC 470.

    5. Input TC 971 AC 663 using the IAT "REQ77" tool.

    6. Input a TC 844 using the IAT "REQ77" tool for TP error or refunds of more than $50,000. If the ERSED has expired, do not input TC 844. Enter the date of the erroneous refund in the "TRANS-DT" field.

      Note:

      The TC 844 generates a "-U" freeze on the account and the TC 470 will stop all systemic notices and collection processes.

    7. Input a TC 844 using the IAT "REQ77" tool for IRS error and refunds of $50,000 or less. If the ERSED has expired, do not input TC 844. Enter the Date of Demand in the "EXTENSION-DT" field, the date of the erroneous refund in the "TRANS-DT" field and the erroneous refund amount in the "FREEZE-RELEASE-AMT" field.

      Note:

      The TC 844 generates a "-U" freeze on the account and the TC 470 will stop all systemic notices and collection processes.

    1. Once the adjustment posts on IDRS, create a new IDRS control with Category ERRF, assign the IDRS control base to the Erroneous Refund Unit in Accounting (A/ER), change the status to "M" with activity code "ERRORREF" . The first five digits of the Erroneous Refund Units IDRS numbers are as follows:

      Site IDRS
      Austin 06113
      Cincinnati 02116
      Fresno 10117
      Kansas City 09113
      Ogden 04117
    2. Prepare Form 12356, Erroneous Refund Worksheet, and include a copy of all pertinent information (such as, Form 3465, Adjustment Request, case history sheet, case notes, etc.), including a copy of the Letter 510C which was sent.

    3. Refer the case to the A/ER. See IRM 3.17.80-4, Erroneous Refund Coordinators, for a list of A/ER functions and their corresponding Erroneous Refund Coordinators.

    4. Close the case by assigning PC 28, 53, 68, or 88, as appropriate, or appropriate IPC on Recon cases.

      Note:

      When assigning PC 53, 68, or 88, complete the assessment window and enter an "M" in the AUTO/MANUAL IND field to indicate a manual assessment, as the adjustment was input on IDRS.

  5. If the case involves a combination of Erroneous Refund (Cat D- W/H, additional MCTXW, and/or excess SSTAX) and other AUR issues, take the following actions:

    1. Use the IAT "REQ54" tool to input the adjustment using blocking series 05 and "N" source document since the original will be kept to work other AUR issues.

    2. Monitor for the adjustment to post on both IDRS and AUR Tax Account.

    3. After the adjustment for W/H, additional MCTXW, and/or excess SSTAX posts, issue a CP 2000 for the remaining AUR issues, following normal AUR processing procedures.

      Note:

      Do not create a new IDRS control with Category ERRF.

  6. If before a Statutory Notice of Deficiency was issued, a Category D erroneous refund was due to the AUR payment refunding in error, when the account was paid in full, take the following actions:

    1. Send Letter 510C using the IAT "Letters" Tool. Two copies of the letter are needed; one to attach to Form 12356 and one for the AUR case file.

      Exception:

      If the erroneous refund is discovered during phone contact with the TP, a case history can be input on IDRS instead of issuing a Letter 510C. Advise the TP to void and return the check if it has not been cashed. Enter history "PHTPERRF" on IDRS using IDRS CC ACTON or IAT "ACTON" tool. The date you request repayment on the phone is the Date of Demand. Leave a detailed case note on AUR.

    2. Use the IAT "REQ77" tool to input TC 844 and TC 470.

    3. Work the case as an AUR agreed response, assigning PC 53, 67, or 87. If partial payment see (8) below.

    :

  7. Once the adjustment posts on IDRS:

    1. Use the IAT "REQ77" tool to input TC 971 AC 663.

    2. See (4) 2nd step 1 above, to create a new IDRS control.

    3. Prepare Form 12356, Erroneous Refund Worksheet, and include a copy of all pertinent information (such as, Form 3465, Adjustment Request, case history sheet, case notes, etc.), including a copy of the Letter 510C which was sent.

    4. Leave a detailed case note.

  8. If after a Statutory Notice of Deficiency has been issued, a Category D erroneous refund was due to the AUR payment refunding when the account was paid in full, take the following actions:

    1. Send Letter 510C using the IAT "Letters" Tool. Two copies of the letter are needed; one to attach to Form 12356 and one for the AUR case file.

      Exception:

      If the erroneous refund is discovered during phone contact with the TP, a case history can be input on IDRS instead of issuing a Letter 510C. Advise the TP to void and return the check if it has not been cashed. Enter history "PHTPERRF" on IDRS using IDRS CC ACTON or IAT "ACTON" tool. The date you request repayment on the phone is the Date of Demand. Leave a detailed case note on AUR.

      Exception:

      If the case is controlled at a different site, check the action required box for the controlling site to complete the erroneous refund procedures.

    2. Use the IAT "REQ77" tool to input TC 844 and TC 470

    3. Request the case and hold in unit suspense until the TP responds or the suspense period has expired. If no response is received, default the case using the appropriate PC.

    Once the adjustment posts on IDRS:

    1. Use the IAT "REQ77" tool to input TC 971 AC 663.

    2. See (4) 2nd step 1 above, to create a new IDRS control.

    3. Prepare Form 12356, Erroneous Refund Worksheet, and include a copy of all pertinent information (such as, Form 3465, Adjustment Request, case history sheet, case notes, etc.), including a copy of the Letter 510C which was sent.

    4. Leave a detailed case note.

  9. If the Category D erroneous refund was due to the AUR payment refunding in error, when a partial payment was received, take the following actions:

    1. Send Letter 510C using the IAT "Letters" Tool. Two copies of the letter are needed; one to attach to Form 12356 and one for the AUR case file.

      Exception:

      If the erroneous refund is discovered during phone contact with the TP, a case history can be input on IDRS instead of issuing a Letter 510C. Advise the TP to void and return the check if it has not been cashed. Enter history "PHTPERRF" on IDRS using IDRS CC ACTON or the IAT "ACTON" tool. The date you request repayment on the phone is the Date of Demand. Leave a detailed case note on AUR.

      Exception:

      If the case is controlled at a different site, check the action required box for the controlling site to complete the erroneous refund procedures.

    2. Use the IAT "REQ77" tool to input TC 844 and TC 470.

    3. Assign PC 75 and release the case. Monitor the case for the PC 75 to post.

  10. After a Stat has been issued:

    1. Request the case and hold in unit suspense until the TP responds or the suspense period has expired. If no response is received, default the case using the appropriate PC.

    2. Monitor IDRS for the adjustment to post. Once the adjustment posts on IDRS:

    3. Use the IAT "REQ77" tool to input TC 971 AC 663.

    4. See (4) 2nd step 1 above, to create a new IDRS control.

    5. Prepare Form 12356, Erroneous Refund Worksheet, and include a copy of all pertinent information (such as, Form 3465, Adjustment Request, case history sheet, case notes, etc.), including a copy of the Letter 510C which was sent.

    6. Leave a detailed case note on AUR.

  11. If the case is in Reconsideration phase:

    1. Send Letter 510C using the IAT "Letters" Tool. Two copies of the letter are needed; one to attach to Form 12356 and one for the AUR case file.

      Exception:

      If the erroneous refund is discovered during phone contact with the TP, a case history can be input on IDRS instead of issuing a Letter 510C. Advise the TP to void and return the check if it has not been cashed. Enter history "PHTPERRF" on IDRS using IDRS CC ACTON or IAT "ACTON" tool. The date you request repayment on the phone is the Date of Demand. Leave a detailed case note on AUR.

    2. Use the IAT "REQ77" tool to input TC 844 and TC 470.

  12. Once the adjustment posts on IDRS:

    1. Use the IAT "REQ77" tool to input TC 971 AC 663.

    2. See (4) 2nd step 1 above, to create a new IDRS control.

    3. Prepare Form 12356, Erroneous Refund Worksheet, and include a copy of all pertinent information (such as, Form 3465, Adjustment Request, case history sheet, case notes, etc.), including a copy of the Letter 510C which was sent.

    4. Leave a detailed case note.

  13. When the ERSED is expired, complete the following:

    1. Notate "ERSED Statute Expired" on the folder/Form 4251/Campus cover sheet.

    2. Complete Form 12356 and include a copy of all pertinent information.

    3. Use Form 12634, Correspondence Transmittal, or Form 3499, Informational Transmittal, to route case documentation to the appropriate Erroneous Refund Unit. See table in (4), 2nd step 1, above for routing information.

    4. Do not input TC 844 or TC 470.

    5. Do not send Letter 510C.

    6. Use the IAT "REQ77" tool to input a TC 971 AC 663.

    7. Leave a case note on AUR.

    8. Close case with PC 28, 52, 71, or 96, as appropriate.

Repaid Erroneous Refunds
  1. Erroneous refunds which have been repaid may be discovered during AUR processing. Per IRC 6404(e)(2), a TP should not be charged interest from the date of the erroneous refund to the date repayment is demanded, if they did not cause the erroneous refund and the refund amount is $50,000 or less. Even though the refund was repaid, it is necessary to follow Category D erroneous refund procedures to protect the TP from interest charges.

    Note:

    Interest is not charged when a treasury check is returned (not cashed).

    Note:

    Interest is charged from the date of the refund if the erroneous refund amount is over $50,000.

  2. If the erroneous refund has been repaid take the following actions:

    Exception:

    If the TP returned the erroneous refund check (TC 841 on the account with "99999" in the DLN) see (3) below.

    1. Use the IAT "REQ77" tool to input TC 844, using the current date as the date of demand. This will reverse any systemically assessed interest.

    2. Complete Form 12356, Erroneous Refund Worksheet. In the details section include the following information, using the verbiage provided as an example: "Full paid erroneous refund. No Letter 510C sent. Please input TC 845 to reverse TC 844."

    3. Use the following table to determine the appropriate action:

      If Then
      The original payment was full payment received before a Stat was issued Work the case as an AUR agreed response, assigning PC 53, 67, or 87.
      The original payment was partial payment received before a Stat was issued
      1. Assign PC 75 and release the case.

      2. Monitor the case for the PC 75 to post and the Stat to be mailed.

      3. After the Stat has been issued, request the case and hold in unit suspense until the TP responds or the suspense period has expired. If no response is received, default the case using the appropriate PC.

      Payment was received after a Stat was issued Request the case and hold in unit suspense until the TP responds or the suspense period has expired. If no response is received, default the case using the appropriate PC.
      The case is in Reconsideration phase Use the IAT "xClaim" or "REQ54" tool to post the appropriate adjustment.

    :

  3. Once the adjustment posts:

    1. See IRM 4.19.3.5.13.1.4(4), 2nd step 1 to create a new IDRS control.

    2. Use the IAT "REQ77" tool to input a TC 971 AC 663.

    3. Refer the case to the A/ER using Form 3210, Document Transmittal. See IRM 3.17.80-4, Erroneous Refund Coordinators, for a list of A/ER functions and their corresponding Erroneous Refund Coordinators.

    4. Leave a detailed case note on AUR.

  4. If the TP returned the erroneous refund check (TC 841 on the account with "99999" in the DLN) take the following actions:

    1. Use the IAT "REQ77" tool to input a TC 971 AC 663.

    2. Complete Form 12356, Erroneous Refund Worksheet. In the details section include the following information, using the verbiage provided as an example: "Check returned; TC 844 not needed. No Letter 510C sent."

    3. Use the following table to determine the appropriate action:

      If Then
      The original payment was full payment received before a Stat was issued Work the case as an AUR agreed response, assigning PC 53, 67, or 87.
      The original payment was partial payment received before a Stat was issued
      1. Assign PC 75 and release the case.

      2. Monitor the case for the PC 75 to post and the Stat to be mailed.

      3. After the Stat has been issued, request the case and hold in unit suspense until the TP responds or the suspense period has expired. If no response is received, default the case using the appropriate PC.

      Payment was received after a Stat was issued Request the case and hold in unit suspense until the TP responds or the suspense period has expired. If no response is received, default the case using the appropriate PC.
      The case is in Reconsideration phase Use the IAT "xClaim" or "REQ54" tool to post the appropriate adjustment.
  5. Once the adjustment posts:

    1. Refer the case to the A/ER using Form 3210, Document Transmittal. See IRM 3.17.80-4, Erroneous Refund Coordinators, for a list of A/ER functions and their corresponding Erroneous Refund Coordinators.

    2. Leave a detailed case note on AUR.

Payer Agent/Fraud Information

  1. The Payer Agent/Fraud file is a compilation of Employer/Payer Information Return documents (such as, Form W-2, Form 1099, Form 1098) which have been verified as erroneously filed or processed or determined potentially fraudulent. The AUR Payer Agent/Fraud file is tax year specific.

  2. The PA field of the Case Analysis screen indicates the type of Payer Agent/Fraud file data for the IR in question. One of the following will be present:

    1. Indicator "Y" indicates Payer Agent.

    2. Indicator "F" indicates Fraud.

    3. Indicator "B" indicates both Payer Agent and Fraud indicators are present.

    See IRM 4.19.3.6.2, AUR Site Payer Agent/Fraud Coordinator - Instructions, for additional information about the Fraud Indicator.

  3. TPs and/or Employer/Payers may contact/notify AUR that a discrepancy with documents or the filing of IRs for a tax year has occurred. Tax examiners are encouraged to request that the TP and/or Employer/Payer forward the information to the site AUR Payer Agent/Fraud Coordinator.

  4. The AUR FFC will refer potential fraud information to the AUR Payer Agent/Fraud Coordinator for consideration.

Tax Examiner - Instructions

  1. Access the Payer Agent window for all IRs showing Payer Agent Indicator "Y" or "B" . The Payer Agent window lists the payer's name, EIN, document type, source, and a synopsis of the reporting problem. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Viewing Payer Agent Information.

    Note:

    If all U/R income is from identified Payer/Agents and the Payer Agent window contains instructions to accept or delete the IR, close the case with PC 24. If U/R issues remain, continue normal processing (the P/A closing PC would NOT apply).

  2. During the screening phase, the tax examiner may identify questionable IRs, which appear to be erroneous but are not marked with a Payer Agent code "Y" . When IRs appear to be questionable and the tax examiner determines the IRs should be investigated, take the following steps:

    1. Print the Case Analysis screen and the Info Return screen.

    2. Forward both screen prints and any additional supporting information documents to the site AUR Payer Agent Coordinator.

    3. Continue normal processing.

  3. During the response phase, the tax examiner may receive information from the payer or the TP indicating the proposed U/R is the result of a payer reporting error, or a payroll processing mistake. Take the following action to forward the information to the site Payer Agent Coordinator:

    1. Photocopy the TP statement or payer letter and print the Case Analysis screen and the Info Return screen.

    2. Forward these photocopies and any additional supporting information documents to the site AUR Payer Agent Coordinator.

    3. Continue normal processing.

  4. Click Indicator "F" or "B" in the PA field of the Case Analysis screen to access the Potential Fraud window. It may list the payer’s name, EIN, document type, source and money amount; however, because some fraudulently filed information returns are submitted using different payer names and EINs, a fraud indicator may be applied using money amounts only. Follow the specific instructions in the Fraud Description Notes section of the window to determine the proper action to take on the IR.

  5. During the screening phase, the tax examiner may identify questionable IRs, which appear to be fraudulent but are not marked with a Payer Agent code "F" . When IRs appear to be potentially fraudulent see IRM 4.19.3.5.8.2, AUR Tax Examiners Fraud Responsibilities, for additional information.

  6. During the response phase, the examiner may receive information from the TP which appears to involve potential fraud. When response information appears to indicate fraud, see IRM 4.19.3.5.8.2, AUR Tax Examiners Fraud Responsibilities, for additional information.

AUR Site Payer Agent/Fraud Coordinator - Instructions

  1. The AUR Site Payer Agent/Fraud Coordinator will perform the following tasks.

    1. Take action on all IRs referred by tax examiners or the AUR FFC as questionable/suspicious Payer Agent or Fraud data.

    2. Sort and review the screen prints received from tax examiners or the AUR FFC deemed questionable/suspicious. Begin research when four or more screen prints with the same EIN are identified. The Site P/A Coordinator should attempt to make a determination about the discrepant IRs. If payer contact is necessary to determine the impact, check IDRS for a telephone number or call XXX-555-1212 (XXX represents the area code of the city/state being called).

      Note:

      Revised Third-Party procedures allow for the administrative action of verifying information received from Employers/Payers. This verification is not considered a third-party contact if the purpose of the contact is to process information received from the source and/or to ensure its validity/correctness.

    3. Create a Payer Agent record when a Payer Agent record does not currently exist, and the information available leads to a determination that the Payer Agent should be added to the Payer Agent File.

    4. Update payer name and text lines, when required. There may be more than one type of income or source code for each Payer Agent EIN entered. Verify by scrolling both type and source fields; P=Paper and T=Tape (magnetic media).

    5. Input the EIN to search/query the Payer Agent File.

    6. View and/or print Payer Agent reports from the Payer Agent Coordinator menu.

    Note:

    A Payer Agent cannot be created if a Payer Agent record already exists for the EIN, document type, source code or tax year. If this condition exists, the system displays a message.

  2. If the referral is from the AUR FFC, create a Fraud record when a Fraud record does not currently exist and the information from the AUR FFC indicates a Fraud message should be added to the Fraud File:

    Note:

    If no IR is present, create an IR for zero prior to creating a fraud record. Mark the IR with status code "N" .

    1. Search/query the existing Fraud records in the Potential Fraud window by inputting the EIN in the search field. If an EIN is not available, search using the Doc Type, Income Type or Money Amount.

    2. If no record exists, update input fields; for example, EIN, payer name, income type, money amount and Fraud Description Notes to add a record.

      Note:

      The EIN field may be left blank when one is not available.

    3. If a record exists, only the Fraud Description Notes can be modified. Modify the Notes by highlighting the EIN and pressing "enter" ; after revising the Notes press "save."

  3. At the end of the AUR program for the tax year, print a copy of the Payer Agent/Fraud Listing report and retain them for three years.

National Designated AUR Payer Agent/Fraud Coordinator - Instructions

  1. Employer/Payer identified IR filing discrepancies are submitted through the Enterprise Computing Center at Martinsburg (ECC-MTB) Management and Technology Information Returns Division. Documentation received from Employers/Payers is reviewed at ECC-MTB and copies are provided to the HQ (national) designated AUR Payer Agent/Fraud Coordinator (currently located in Ogden). The HQ (national) designated AUR Payer Agent/Fraud Coordinator has access to the national AUR Payer Agent File and Fraud File and is responsible for the input of all Employer/Agent Information Return documents received from ECC-MTB or the AUR FFC.

    Note:

    IR documents are identified as tape source or a combination paper/tape source.

  2. Query the Payer Agent File/Fraud File to determine if the Payer information received should be established or needs to be updated.

    Note:

    If the EIN is not available, query the Fraud records by using the Doc Type, Income Type or Money Amount.

  3. A Payer Agent cannot be created if a Payer Agent record already exists for the EIN, document type, source code or tax year. If this condition exists, the system displays a message. To Update/Create a Payer Agent record:

    1. Enter the EIN of the identified Payer Agent.

    2. Select the appropriate document type from the list displayed.

    3. Enter the appropriate Source Code: "P" for Paper or "T" for Tape (magnetic media).

    4. Enter the payer name.

    5. Select or enter new instructions for the tax examiners.

  4. The AUR Payer Agent Program is automatically invoked during the weekly run process. The program updates the Payer Agent File for all sites during the weekly process with the new and updated records.

  5. Revised Third-Party procedures allow for the administrative action of verifying information received from Employers/Payers. This verification is not considered a third-party contact if the purpose of the contact is to process information received from the source and/or to ensure its validity/correctness.

Determination of CP 2501 Issuance

  1. Issuance of a CP 2501 (assignment of PC 30) is required for the conditions listed below. In certain other situations, issuance of a CP 2501 may provide better customer service since it is an inquiry instead of a proposal of assessment. If in doubt, consult your lead or manager for guidance.

    Exception:

    Do not issue a CP 2501 when HQ issues direction to stop issuing CP 2501 at a certain point in the AUR processing year.

    1. The U/R income is $100,000 or more.

    2. Cases involving partially reported K-1 IRs when the discrepant amount is $50,000 or more per income type, per payer.

      Exception:

      Partially reported INT, DIV, LTCG, STCG, and ROYAL discrepancies do not require a CP 2501.

    3. Cases involving questionable underclaimed W/H and/or additional MCTXW that result in an overall refund. See IRM 4.19.3.17.1.2, Withholding - Miscellaneous, and IRM 4.19.3.17.1.4, Additional Medicare Tax (Withholding Reconciliation), for further information.

      Exception:

      If the refund is due to U/C W/H from a Form 1099-SSA, and the income is reported correctly, do not issue a CP 2501.

    4. Cases resulting in an overall refund due to underreported income.

    5. Cases involving U/C excess SSTAX on ELF returns - see IRM 4.19.3.17.2, Social Security Tax/Tier I Railroad Retirement Tax.

    6. Cases involving Form 8615, Tax for Certain Children Who Have Unearned Income, and the parent or child used the Qualified Dividends and Capital Gains Worksheet, Schedule D or Schedule J tax methods. See IRM 4.19.3.14.1, 8615 Window.

    7. Cases where the On File Date is the same for multiple IRs and none of the IRs are reported. See IRM 4.19.3.8.12.1(11), Conduit Income - Analysis.

    8. Cases in Category 30 and EARN is being pursued.

      Note:

      If Earn is being pursued as a secondary issue (in category other than Category 30), issue a CP 2000.

Analysis of Each Income Type

  1. These instructions are used to process the various U/R income amounts by each income type and must be used in conjunction with the general instructions in IRM 4.19.3.5, Analysis Procedures.

Wages - General

  1. Wages are amounts received for performing services as an employee of an employer and are generally not subject to SE tax.

  2. Wages are identified on the Case Analysis screen by the literal "W-2" in the DOC TYPE field and the literal "WAGES" in the INCOME TYPE field.

Wages - Analysis
  1. Compare WAGES amount with entries on:

    1. Tax Year 2017 and prior Tax Year 2018 and subsequent
      Form 1040, line 7. Form 1040, line 1
      Form 1040A, line 7 N/A
      Form 1040EZ, line 1. N/A

      Note:

      If wages are U/R and the TP enters "SNE" (Special Needs Exclusion) on the dotted line portion of wage line in table above, compare the U/R amount with Form 8839, Qualified Adoption Expenses, see table below for line numbers. If the amount on the Form 8839, line numbers in the table below, matches the U/R amount within $1, accept wages as reported. If the amount is not equal to the U/R wages, consider the difference U/R.

      TY 2016 TY 2017 TY 2018
      Form 8839, line 29 Form 8839, line 29 Form 8839 , line 29
  2. Wage comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as wages:

    Tax Year 2017 and prior Tax Year 2018 and subsequent
    Form 1040, line 16b. Form 1040, line 4b
    Form 1040A, line 12b Form 1040, Schedule 1, line 21

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Form 1040, line 21.

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

     
    1. Schedule C or Schedule F - If wages are reported here, see IRM 4.19.3.8.1.3, Wages Paid to Statutory Employees, for instructions regarding Statutory Employees.

    2. Attachments to the return.

    3. Form 2106, Employee Business Expenses, Part 1, line 7 - Give credit for these amounts if the payer name on the IR is related to the occupation box on Form 2106. If the occupation box on Form 2106 is blank, consider the IR(s) fully U/R unless amounts match within $1. If line 7 is greater than line 6, in column A of Form 2106, the excess reimbursements must be included as income on Form 1040.

  3. When comparing reported wages to IRs, do not allow partial credit for unidentified amounts UNLESS the return is missing supporting Form(s) W-2. Returns that were processed through OCR or ELF may not have Form(s) W-2 attached. DO NOT request the Form(s) W-2 from FRC. Allow the TP credit for amounts reported on lines shown in (1) above. Issue a CP 2000 for discrepancies.

  4. If the TP reports the same amount of Form W-2 income as shown in the IR, but under a different payer name, consider the IR reported.

  5. Consider any two WAGE IRs, for the same TP, that contain identical income information, as duplicates even if the payer names and EINs are different. Take the following action:

    1. If the TP failed to report either WAGE IR, consider only one of the IRs U/R (mark all elements of the other IR with status code "D" or "N" ), and show both of the IRs on the notice.

    2. If the TP reported one of the IRs, delete the IR the TP did not report (mark all elements of the IR with status code "D" or "N" ). If there are no other U/R issues, enter PC 24.

  6. If there are two WAGE IRs for the same TP, from the same payer (payer name and EIN match) take the following action:

    1. If the TP fully reports one of the IRs, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ (mark all elements of the IR with status code "D" or "N" ).

      Exception:

      If the payer is IHSS (In Home Support Services) do not apply the 25 percent rule, continue normal processing.

    2. If the TP does not fully report one of the WAGE IRs, group them together and consider the difference U/R.

  7. Allow TPs (such as, police officers, firefighters, etc.) who have sustained injuries in the line of duty to reduce Form W-2, Box 1 Wages, by amounts indicated as line of duty injury payments when ALL of the following conditions are present:

    1. The TP is under age 65.

    2. The payer statement is attached indicating the TP was injured while on duty and provides a specific amount of excludable income. If the attached payer letter does not provide a specific amount, allow the exclusion if the TP includes a worksheet providing a breakdown of excludable income.

      Note:

      When pursuing excluded amounts because the above condition is not met, send a Special Paragraph requesting payer documentation to support the TP's claim.

    3. The amount has not been excluded from Box 1 Wages as shown on the attached Form W-2.

      Note:

      If the TP has double excluded the amount (Social Security Wages are more than the Wages shown on Form W-2, Box 1), send PARAGRAPH 46. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  8. Retired/non-active status members of the military employed as Junior ROTC (Reserve Officers Training Corps) instructors receive allowances for uniforms, housing, subsistence. However, unlike active duty military personnel, these TPs CANNOT exclude these allowances. Disallow any excluded amounts and send PARAGRAPH 154. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  9. If "St. Clair vs U.S." , "St. Clair Claim" , or a similar statement is noted at the top of the return, and wages from a military payer (DFAS, Navy - Active Duty, etc.) appear to be U/R, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    If the U/R is related to this or identified Payer/Agents and the Payer Agent window contains instructions to accept or delete the IR, close the case with PC 24. If other U/R issues remain, continue normal processing.

  10. When wages or Social Security wages are U/R, and the TP paid SE tax, or is now subject to SE tax, input/verify the appropriate entries in the SE Tax window.

  11. Use status code "R" in the SSWAG and SSTIP literal when screening valid Wage IRs. Do not use status code "N" or "D" . Status code "N" or "D" may result in an incorrect excess SSTAX calculation.

  12. The system automatically enters status code "R" on MCWGE. The status code can be changed to "D" if necessary.

    Note:

    The system no longer marks the MCTXW element with a status code "R" , this amount is used in the calculation of the Additional Medicare Tax withheld, see IRM 4.19.3.17.1.4, Additional Medicare Tax (Withholding Reconciliation).

  13. If there are two or more fully U/R WAGE IRs with an out-of-state payee address beyond the reasonable commuting area of the TP (for example, TP lives in Pennsylvania and U/R IRs are for Georgia), send PARAGRAPH 167. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Note:

    Many WAGE IRs involving the potential illegal use of SSNs are from agricultural, farming, food processing, or wholesale/retail employers.

  14. When TPs exercise statutory (qualified) employee stock options, the amount is generally excluded from ordinary income and the gain may be reported as a capital gain on Schedule D when the shares acquired upon exercise are sold.

    1. TPs may reduce Form W-2, Box 1, Wages by the amount shown in Box 14 (identified as: stock, incentive stock options (ISOs), employee stock purchase plan (ESPP), etc.) and report the difference as a gain on Schedule D/Form 8949, column (h).

      Note:

      If the stock received upon exercise was not held a minimum of 2 years from the date the option was granted or 1 year from the date the option was exercised, the employer may not identify the exercised amount on the Form W-2, Box 14. If the balance of the WAGE IR is found on Schedule D/Form 8949, column (h), consider the issue resolved.

    2. Review Form 1040, line 7 (TY 2017 and prior) or Form 1040, line 1 (TY 2018 and subsequent), and Schedule D before determining any U/R WAGE amount.

    3. If the TP did not report the full WAGE amount, send PARAGRAPH164. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Note:

      When the option is exercised, Form 1099-B, Proceeds From Broker and Barter Exchange Transactions, may also be issued to show the value of the stock. Since the STOCK IR relates to the exercise of the statutory employee stock option, allow credit for amounts reported on Schedule D/Form 8949, column (d) against STOCK IRs.

  15. When TPs exercise non-statutory (non-qualified) employee stock options, the gain upon exercise is reported as ordinary income. Employers include the exercised amount on Form W-2, Box 1 and identify the stock option amount in Box 12 using code "V" .

    Note:

    The "V" Code displays on WAGE IRs with the literal VCODE.

    Caution:

    TPs may reduce Form W-2, Box 1, wages by the amount shown in Box 12 (Code "V" ) and report the difference as a gain on Schedule D/Form 8949, Part 1, column (h).

    1. Review Form 1040, line 7 (TY 2017 and prior) or Form 1040, line 1 (TY 2018 and subsequent), and Schedule D, Part 1 before determining any U/R WAGE amount.

      Caution:

      If the TP reports the non-statutory option gain as a long term capital gain (Schedule D/Part II) AND a notice is being sent for other U/R issues, remove the non-statutory option gain from the LONG TERM GAIN(LOSS) field in the Sch D/8814/ECR window. Send PARAGRAPH 165, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    2. If the TP did not report the full WAGE amount, send PARAGRAPH 164. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Note:

      When the option is exercised, Form 1099-B may also be issued to show the value of the stock. Since the STOCK IR relates to the exercise of the non-statutory employee stock option, allow credit for amounts reported on Schedule D/Form 8949, column (d) against STOCK IRs.

  16. Whenever wages are U/R, compute W/H or consider W/H.

    1. If there is an U/R WAGE IR with no W/H amount, there are no other IRs with W/H, and there is a TC 806, 807, or TC 290 with Reason Code 51 and/or Reason Code 136 on the Tax Account screen, complete the Withholding window. See IRM 4.19.3.17.1.1, Withholding - Analysis, for additional information. Reason Code 136 is present when Additional Medicare Tax from Form 8959 was adjusted.

    2. If there is an U/R WAGE IR with no W/H amount, and there are no other IRs with W/H, the system automatically generates a W/H amount of zero (0) on the Summary screen.

  17. For a list of the codes found in Box 12 of Form W-2, see Exhibit 4.19.3-8, Form W-2 - Box 12 Codes.

Attached Forms W-2 - Analysis
  1. Consider wages U/R if wage amounts from attached Form W-2 are:

    • Omitted

    • Added incorrectly when there are multiple Form W-2 involved

    • Transposed

    • Taken from the wrong box(es) on Form(s) W-2. Send PARAGRAPH 2, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  2. If it appears that the TP reduced Form W-2 box 1 Wages by the amount in box 11 (Nonqualified Plans), pursue the difference as U/R wages and send PARAGRAPH 50, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Note:

    Before considering the amount U/R, check to see if the TP reported the amount as pension income.

  3. An O/R situation exists if the TP's entry on the lines in the table below is greater than the total WAGE IR(s).

    Tax Year 2017 and prior Tax Year 2018 and subsequent
    Form 1040, line 7 Form 1040, line 1
    Form 1040A, line 7 N/A
    Form 1040EZ, line 1 N/A
  4. Consider wage income O/R if you determine the TP:

    • Made a double entry (math error)

    • Transposed figures

    • Used Social Security Wages from Form W-2, Box 3. Send PARAGRAPH 2, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  5. The TP may exclude certain types of income. Wages reported on Form W-2, Box 1 are generally reduced by the amount of excluded income. Some of these exclusions are:

    1. Tax favored amounts.

    2. Elective deferrals to certain retirement plans, such as 401(K) or 403(B). These are generally tax-deferred annuities for teachers and employees of 501(c)(3) organizations and/or plans. See Exhibit 4.19.3-8, Form W-2 - Box 12 Codes, for a complete list of the elective deferral codes found in Box 12 of Form W-2.

    3. Dependent Care Assistance Benefits (DCB). See IRM 4.19.3.8.2.1, Dependent Care Benefits (DCB), for limitation of excludable income.

    4. "IOD" (Injury on Duty) or "LODI" (Line of Duty Injury) payments. See IRM 4.19.3.8.1.1(7), Wages - Analysis, for further information.

    5. Survivor annuity received by the spouse, former spouse, or child of a public safety officer killed in the line of duty or a chaplain killed in the line of duty after September 10, 2001 while responding to a fire, rescue, or emergency as a member or employee of a fire or police department will generally be excluded from the recipient's income regardless of the date of the officer's death.

    6. Cost of living allowances paid to federal employees working abroad.

    7. Ministers Housing Allowances Ensure excluded minister housing allowance is subjected to SE tax, unless: the TP notates “Exempt Form 4361” or “Form 4029” on Form 1040 (see table below IRM 4.19.3.8.1.5(4), Wages Miscellaneous for line numbers) or the housing allowance is for a retired minister. This amount may be the difference between net Schedule C income and income subject to SE tax on Schedule SE, see IRM 4.19.3.8.1.5(4), Wages Miscellaneous.

    8. Exercised statutory Employee Stock Options. See IRM 4.19.3.8.1.1(14) and (15), Wages - Analysis, for further instructions.

    Exception:

    Back pay settlements or awards under the ADEA (Age Discrimination in Employment Act) cannot be excluded from income and should be pursued as U/R if excluded. Liquidated damages recovered under the ADEA do not constitute wages and should be reflected as other income on Form 1099-MISC.

    Since the amount reported on Form W-2, Box 1 should reflect these exclusions from income, the TP should not subtract the above items from the amount reported as wages.

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • The Form W-2 attached to the return appears to be altered, AND

    • There is a W/H discrepancy, AND

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

      Note:

      Use the IR as the most correct information, if the case does not meet referral criteria or if the referral is returned.

  7. If wages are U/R, check the attached Form W-2 and/or any attachments to determine if the TP excluded the amount as sick pay.

    1. Accept the exclusion if there is an indication that the TP paid the premiums (an amount present on Form W-2, Box 12, with code "J" that matches the excluded amount) and per attached pay-stubs or other documentation, the payer incorrectly included employee paid sick pay on Form W-2, Box 1. Form W-2, Box 1 matches Box 3, SSWAG, or attached payer documentation.

    2. If there is no clear indication per a. above, consider the amount U/R and issue CP 2000. Send PARAGRAPH 25, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Note:

      Payers are instructed to indicate the amount of sick pay not included in income (and not shown in Boxes 1, 3, and 5) in Box 12 of Form W-2 with Code "J" when the employee contributed to the sick pay plan.

  8. If the TP attaches a substitute Form W-2 and reports a lesser amount than shown on the IR from the same payer, consider the difference U/R.

  9. Consider W-2 IRs fully reported when Wage or W/H amounts on the IRs are ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    Note:

    This also applies to Virtual cases.

  10. If the TP participates in a nonqualified deferred compensation plan that does not meet all requirements as specified in IRC 409A, the employer must report the deferred compensation as income and the amount is subject to an additional tax.

    1. The employer identifies income under IRC 409A on Form W-2 in box 12 with Code Z.

      Note:

      The amount in Form W-2 box 12, Code Z is already included in box 1 (WAGES). If WAGES are U/R and the difference corresponds to the NQDC amount, pursue the discrepancy as WAGES and include a Special Paragraph using the following verbiage as an example: "Income recognized due to participation in a nonqualified deferred compensation plan that did not meet the requirements of Internal Revenue Code Section 409A is considered taxable. You cannot reduce your wages or nonemployee compensation by this amount" .

    2. Income recognized under IRC 409A is identified on the Case Analysis screen by the literal "W-2" in the DOC TYPE field and the literal "NQDC" in the INCOME TYPE field.

      Note:

      Enter status code "R" on the "NQDC" element(s).

    3. The "NQDC" amount is subject to an additional tax. See IRM 4.19.3.16.7, Additional Taxes on Income from Nonqualified Deferred Compensation Plan (IRC Section 409A), for further instructions.

      Reminder:

      Mark the NQDC IR element(s) with Send Indicator "S" when adjusting the additional tax.

Wages Paid to Statutory Employees
  1. Statutory employees are independent contractors, for purposes of reporting income and expenses on their tax returns, who are treated as employees for FICA tax purposes.

  2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ and consider him/her a statutory employee if his/her occupation is listed in IRM 4.19.3.22.3.1.1(2), Statutory Wages. Do not make any adjustments to the Schedule C/C-EZ and/or SE tax.

  3. Statutory employees should receive a Form W-2 with the statutory employee box checked in Box 13. If the Statutory Employee box was checked, the SEI literal has a value of "1" displayed on the IR. If it was not checked, the SEI literal has a value of "0" (zero).

  4. Statutory employees report their Form W-2 Wages on Schedule C or C-EZ, line 1, along with business expenses. This income is NOT subject to SE tax and business expenses are not subject to the 2 percent limitation for miscellaneous itemized deductions. This income is subject to social security and Medicare taxes that should be withheld at the source by the payer and shown on Form W-2 as SS/Medicare Tax Withheld, SS Wages, and Medicare Wages and Tips.

    Note:

    Follow the TP's intent, do not refund SE tax computed on wages paid to statutory employees.

  5. Performing artists are not statutory employees, but, they may report Form W-2 income on Schedule C (instead of Form 2106), if during the tax year ALL of the following conditions apply:

    1. They perform services in the performing arts for at least two employers,

    2. They receive at least $200 each from any two of these employers,

    3. Their related performing arts expenses are more than 10 percent of their gross income from the performance of those services, AND

    4. Their adjusted gross income (AGI) is not more than $16,000 before deducting these business expenses.

  6. Cases involving wages of statutory employees are created when:

    1. Wages received by an individual other than a statutory employee were reported on the Schedule C or C-EZ, and the individual incorrectly deducts expenses on Schedule C or C-EZ.

      Note:

      Only statutory employees may deduct expenses on Schedule C or C-EZ.

    2. The statutory employee did not report the wages on Schedule C or C-EZ, line 1, or as wages on Form 1040, Form 1040A, or Form 1040EZ.

  7. There is a discrepancy if there is a difference between the total of all wages (but not allocated tips) on all Form W-2 when the statutory employee indicator in Box 13 of Form W-2 is checked and the wages per return, Schedule C or C-EZ, line 1.

  8. Input Income Identify Code"SW" in all U/R wages from Statutory Employee IRs if wages are U/R.

  9. Consider wages from Statutory Employees U/R and send PARAGRAPH 115, (see Exhibit 4.19.3-7 , CP PARAGRAPHS) if the Wage amounts from attached Form(s) W-2 are:

    • Omitted

    • Added incorrectly when there are multiple Form(s) W-2 involved

    • Transposed

    • Taken from the wrong box(es) on Form(s) W-2, send PARAGRAPH 2. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  10. If the TP combines non-statutory wages with statutory wages or self-employment income (for example, NEC, MERCH, OTINC, MED) on the same Schedule C, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  11. If the TP includes only non-statutory wages on the Schedule C or C-EZ, disallow the expenses from Schedule C, line 28 (or Schedule C-EZ, line 2) and the amounts on Schedule C, lines 2, 4, and/or 30.

    1. Input the amount of disallowed expenses in the PRIM/SEC SCH C EXPENSE PER RETURN field(s).

    2. Enter a zero (0) in the PRIM/SEC SCH C EXPENSE NOW field(s) on the MISC ADJUSTMENT/SCHEDULE C EXPENSE window.

      Note:

      These amounts display on the CP 2000 Summary as a changed item (changes to the Primary and/or Secondary Schedule C expenses displays as a single item on the Summary screen).

    3. Send PARAGRAPH 116, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Note:

    When disallowing expenses on Schedule C or Schedule C-EZ due to the conditions above, do not adjust any SE tax claimed. Manually access the SETAX window to suppress the change. See IRM 4.19.3.16.1, Self-Employment Tax.

Fellowships, Grants, and Stipends
  1. If an explanation attached to the return indicates the fellowship, grant, or stipend was used for tuition, fees, books, supplies, and equipment required for the course, AND:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      The TP cannot deduct or exclude expenses that exceed the IR. (for example, enters a negative amount).

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. The TP excludes expenses not shown above, then pursue the unallowable expenses. Send PARAGRAPH 124, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  2. If an explanation attached to the return indicates the ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , consider the income reported.

  3. If the TP enters "SCH" next to Form 1040, line 7 (TY 2017 and prior) or Form 1040, line 1 (TY 2018 and subsequent), accept as fully reported.

  4. If no explanation is attached and the IR is not fully reported, pursue the amount not reported. Send PARAGRAPH 124, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

Wages Miscellaneous
  1. If Wages are U/R and the TP has Form W-2 wages, determine if the TP makes any reference to repayment of supplemental unemployment benefits. If the TP correctly reported net wages after repayment of supplemental unemployment benefits, consider the wages reported.

  2. If wages are U/R and the TP is claimed as a dependent on another person's return, see IRM 4.19.3.13(4), Standard Deduction, for further instructions.

  3. If wages are U/R, the system requires that you analyze W/H. See IRM 4.19.3.17.1, Withholding - General, for further instructions.

  4. If the TP is a minister and has reported Form W-2 wages on a Schedule C:

    1. If the Form W-2 and/or WAGE IR shows that SSTAX has NOT been withheld, allow the expenses. The net income is subject to SE tax UNLESS the TP has a Form 4361, Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners, or Form 4029, Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits, exemption annotated on line 57 of Form 1040 (Tax year 2017 and prior) or line 57 of Form 1040, Schedule 4 (Tax year 2018 and subsequent).

    2. If the Form W-2 and/or WAGE IR shows SSTAX has been withheld, disallow the expenses. Do not adjust any SE tax claimed. Manually access the SETAX window to suppress the change. See IRM 4.19.3.16.1, Self-Employment Tax.

    3. Ensure excluded minister housing allowance is subjected to SE tax, unless: the TP notates “Exempt Form 4361” or “Form 4029” on Form 1040 (see table below for line numbers) or the housing allowance is for a retired minister.

      TY 2016 TY 2017 TY 2018
      line 57 line 57 Schedule 4, line 57
  5. If the TP computes Social Security Tax on Tips on Form 4137, Social Security and Medicare Tax on Unreported Tip Income, but did not include the tip income in the AGI, consider the tip income U/R.

    1. If necessary, create a W-2 IR with an A-TIP element for the amount of allocated tips for which Social Security Tip Tax was reported but was not included in income. See IRM 4.19.3.16.2(3), Social Security Tax on Tip Income Unreported to the Payer.

    2. The system computes a 50 percent Social Security Tip Tax Penalty when the TP uses Form 4137, PARAGRAPH 15 automatically generates. See IRM 4.19.3-7, CP PARAGRAPHS.

  6. If Wages are U/R, enter the return amount in the RETURN field on the Summary screen.

Other W-2 Income

  1. In addition to wage income, Form W-2 can contain information relating to Dependent Care Benefits (DCB), Employer Provided Adoption Benefits (EPAB).

Dependent Care Benefits (DCB)
  1. A TP whose employer excludes earnings from taxable wages designated to pay for child care and/or care for a dependent(s) who is unable to care for himself/herself can exclude the amount of this benefit (within certain limits). The excluded amount is limited to the smaller of the TP's earned income, the spouse's earned income, or $5,000 ($2,500 if married filing separately).

    Note:

    For each month, or part of a month, a spouse was a full-time student or was unable to care for himself/herself, he/she is considered to have worked and earned income. His/her income for each month is considered to be at least $250 ($500 if more than one qualifying person was cared for).

  2. The Case Analysis screen displays this benefit with the literal "W-2" in the DOC TYPE field and the literal "DCB" in the INCOME TYPE field.

    Note:

    Screen ONLY system identified discrepant DCB amounts (those marked with an asterisk). If the case is open because of other income discrepancies, mark any non-asterisked DCB amounts on the WAGE IRs with status code "N" or "D" .

  3. The gross benefit amount shows separately on Form W-2, Box 10. The wage amount on Form W-2, Box 1 SHOULD NOT INCLUDE the DCB for the tax year.

    Note:

    The employer includes any DCB over $5,000 in the TP's wages as shown on Form W-2, Box 1.

  4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  5. TPs MUST complete Form 2441, Child and Dependent Care Expenses, Parts I, II, and III in order to compute the correct amount of Child Care Credit and excludable DCB.

    1. Form 2441, line 15, contains the TOTAL BENEFIT AMOUNT less the amount forfeited.

    2. Form 2441, line 26 contains the TAXABLE BENEFIT AMOUNT. This taxable amount should be included with wage income on Form 1040 or Form 1040A, line 7 (Tax year 2017 and prior) or Form 1040, line 1 (Tax year 2018 and subsequent) with "DCB" noted on the dotted line next to the appropriate line. Verify that the correct amount of DCB is actually reported on Form 1040 or Form 1040A, line 7 (Tax year 2017 and prior) or Form 1040, line 1 (Tax year 2018 and subsequent).

    3. See IRM 4.19.3.15.2(5), Credit for Child and Dependent Care Expenses, for further instructions regarding Child Care Credit.

  6. The system computes the correct taxable amount of DCB. Input/verify the appropriate entries on the Dependent Care Benefits window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Dependent Care Benefits.

  7. If there is an indication that the TP participated in one of the following Cafeteria Plans: flex plan, flex credits, or flex dollars (pre-tax deduction) for Dependent Care Benefits and the TP IS NOT claiming Child Care Credit, consider the DCB reported.

  8. If the TP did not file Form 2441 and did not report DCB, the taxable portion is the DCB IR amount up to ≡ ≡ ≡ ≡ per payer and per TP. Take the following action to determine if DCB is U/R:

    1. Select the Dependent Care Benefits window.

    2. Enter zero (0) in the REPORTED DEP CARE BENEFITS field.

    3. Enter the total of all DCB reported by payer(s), but no more than ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , on the IR(s). Input/verify all other fields per the IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Dependent Care Benefits.

    4. PARAGRAPH 156 automatically generates when DCB is U/R.

  9. If the TP filed Form 2441 and Part III is blank or incorrectly completed, take the following action:

    1. Review the TP's entries in Part III, lines 12 through 26 and prepare a mock Form 2441 to correct any errors and/or complete any omitted entries. Use the total expenses shown in Part II, line 2, column (c), to determine the line 16 (qualifying expenses) amount.

    2. Access the DCB window and use the information from the mock Form 2441 to input all appropriate entries.

    3. Send PARAGRAPH 66, see Exhibit 4.19.3-7 , CP PARAGRAPHS. Toggle off PARAGRAPH 156 when sending PARAGRAPH 66.

  10. TPs who receive DCB generally do not qualify for Child Care Credit. If the TP claimed Child Care Credit, take the following action:

    1. If the DCB IR(s) is reported, click on the Send Indicator to show these IRs on the notice.

    2. Complete screening of ALL remaining IRs in the Case Analysis screen, following normal procedures.

    3. Access the Return Value screen. Ignore any system prompt to close the case below tolerance.

    4. See IRM 4.19.3.15.2(5), Credit for Child and Dependent Care Expenses, to determine the correct entry in the QUALIFYING EXPENSES field in the Child Care Credit window.

  11. If the TP reduced his/her wages by the DCB IR amount, pursue the issue as an U/R WAGES issue.

Employer-Provided Adoption Benefits (EPAB)
  1. Employer-provided adoption benefits (EPAB) are available for TPs who adopt a child(ren) who is a U.S. citizen or resident or who adopt a foreign child(ren) if the adoption becomes final in the AUR tax year.

  2. TPs may be eligible to exclude qualified adoption expenses paid for or reimbursed by their employers under a qualified written EPAB, up to the amounts listed in the table below. The exclusion may be available for each child, whether the child is a foreign child, a child who is a U.S. citizen or resident, or a child with special needs. If the adopted child is a U.S. child with special needs, the TP may be able to exclude up to the maximum dollar limit for the year, even if the TP or employer did not pay any qualified expenses, provided the employer has a written qualified adoption assistance plan.

    Tax Year Amount
    2016 $13,460
    2017 $13,570
    2018 $13,810
  3. Employer-provided adoption assistance payments are shown on Form W-2, Box 12 and are identified with a code "T" .

  4. The wage amount on Form(s) W-2, Box 1 does not include the EPAB payments for the tax year.

  5. TPs must complete Form 8839, Qualified Adoption Expenses, Part I, II and III in order to compute the correct amount of taxable or excludable EPAB. If no Form 8839 is filed, consider the EPAB fully U/R.

  6. TPs should include this taxable benefit amount with wage income on Form 1040, line 7 (TY 2017 and prior) or Form 1040, line 1 (TY 2018 and subsequent). They also write "AB" on the dotted line next to:

    Tax Year Form and Line number
    2017 and prior Form 1040 , line 7
    2018 and subsequent Form 1040 , line 1
  7. The Case Analysis screen displays this benefit with the literal "W-2" in the DOC TYPE field and the literal "EPAB" in the INCOME TYPE field.

  8. If the amount from the Taxable Benefits line of Form 8839, is not reported on Form 1040, line 7 (TY 2017 and prior) or Form 1040, line 1 (TY 2018 and subsequent), create a WAGE IR for that amount. Send PARAGRAPH 191, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Caution:

    Tax Year 2017 and prior, EPAB should not be claimed on a Form 1040A, however; TPs might report EPAB on line 7.

  9. Access the EPAB window by entering a "U" in the IR CODE field.

    Note:

    Screen EPAB IR(s) after analyzing all other potentially discrepant income types. After any subsequent analysis that changes the TOTAL AGI CHANGE field, reselect the EPAB window. Recompute all changes to adjustments to income before selecting this window.

    Exception:

    Compute taxable EPAB amount BEFORE Student Loan Interest Deduction (SLID), Tuition and Fees and/or Domestic Production Activities Deduction (DPAD). See IRM 4.19.3.4.2(3), Case Analysis Screen, for the proper sequence when these issues are present on the same case.

  10. Input/verify the appropriate entries on the EPAB window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Employer-Provided Adoption Benefits.

  11. If it can be determined the TP reduced his/her wages by the EPAB payment, pursue the issue as U/R wages. Also pursue EPAB as a separate issue. Send PARAGRAPH 195, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Reminder:

    If "SNE" is noted on Form 1040 or Form 1040A, line 7 (Tax year 2017 and prior) or Form 1040 , line 1 (Tax year 2018 and subsequent), see IRM 4.19.3.8.1.1(1) Note, Wages - Analysis.

  12. PARAGRAPH 190 automatically generates when EPAB is U/R. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

Interest - General

  1. Interest is reported by payers on Form 1099-INT, Form 1099-OID, and on Schedules K-1 from Form 1065, Form 1041, and Form 1120-S.

  2. Interest is identified on the Case Analysis screen by the literal "99INT" in the DOC TYPE field and the literal "INT" in the INCOME TYPE field.

Interest - Analysis
  1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • Municipal Bonds

    • Tax Sheltered Annuities (403(b)) accounts

    • Simplified Employee Pensions (SEP) or Individual Retirement Accounts (IRA)

    • A Pension Plan or Profit Sharing Plan (including a 401(k) plan)

    • A Capital Construction Fund (CCF) account

    Note:

    If W/H is claimed, allow; ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

  2. Compare INT amounts with entries on:

    Tax Year 2017 and prior Tax Year 2018 and subsequent
    Form 1040 , lines 8a or 8b Form 1040, line 2a or 2b
    Form 1040A, lines 8a or 8b Schedule B, Part I, line 1.
    Schedule B, Part I, line 1. N/A
    Form 1040EZ, line 2. N/A

    Note:

    Form 1040 or Form 1040A, line 8b (tax years 2017 and prior) or Form 1040, line 2a (tax years 2018 and subsequent) , is used to report tax exempt interest. If the amount on line 8b (tax years 2017 and prior) or 2a (tax years 2018 and subsequent) matches the interest amount(s) on a 99INT IR, consider the 99INT IR U/R unless the payer is a state or political subdivision of a state, the District of Columbia, or a U.S. possession.

  3. Interest comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as interest:

    Tax Year 2017 and prior Tax Year 2018 and subsequent
    Form 1040, line 21 Form 1040, Schedule 1, line 21
    1. Schedule C, line 6.

    2. Schedule E, Parts II, III, or IV

    3. Schedule F, lines 8 or 43.

  4. If Schedule B (or an attachment in lieu of Schedule B) is attached, compare IRs with individual items. If you cannot match individual IRs:

    1. Group all INT amounts from the same payer.

    2. Compare to the total interest reported for that payer.

    3. If the group total amount is smaller, assign status code "R" to the group.

    4. If the group total is larger, assign status code "U" to the group.

  5. If a breakdown of interest by payer is not shown on the return or on an attachment and there is only one IR:

    1. Compare the amount reported on Form 1040, Form 1040A, lines 8a, or Form 1040EZ, line 2 (Tax year 2017 and prior) or Form 1040 , line 2b (Tax year 2018 and subsequent).

    2. If the TP reports a larger amount, consider the IR fully reported.

    3. If the TP reports a lesser amount, allow credit for the amount reported.

  6. If a breakdown of interest by payer is not shown on the return or on an attachment and there is more than one IR:

    1. Group by income type INT.

      Note:

      The Group function is a tool to assist the TEs in computing the correct U/R amount. It may not be necessary to use the Group function if the correct U/R can be determined without it.

      Note:

      If BOND IRs are present it may be necessary to add BOND IRs to the group.

    2. Compare the group total amount to the total interest amount reported on the return.

    3. If the group total amount is smaller, assign status code "R" to the group.

    4. If the group total amount is larger, consider the difference U/R and assign status code "U" to the group.

    5. If interest amounts are U/R, send PARAGRAPH 64. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Exception:

      If the specific U/R amount matches an IR - PARAGRAPH 64 may not be appropriate.

  7. TPs often interchange interest and dividend income. Check any dividend income areas when comparing INT amounts. Offset interest income against dividend income ONLY if one of the following applies:

    1. The same amount (within $1) AND the same payer are reported; OR

    2. An unidentified amount matches the U/R interest amount within $1.

  8. If interest income is listed on Schedule B but is not added into the AGI:

    1. Consider the interest income U/R. If necessary create an IR for any income the TP included on Schedule B for which we do not have a corresponding IR.

    2. If interest and/or dividend amounts are U/R, send PARAGRAPH 57. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  9. If you notice a math error on Schedule B:

    1. Create an IR for any reported interest amount(s) for which we do not have a corresponding IR.

    2. Group by income type INT.

    3. Compare the group total amount to the total interest reported.

    4. If the group total is larger, assign status code "U" .

    5. Send PARAGRAPH 79, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    6. If the group total amount is smaller, assign status code "R" to the group.

Original Issue Discount (OID)
  1. A 99OID IR reflects the original issue discount allocable to the tax year and may show the qualified stated interest paid or credited on the obligation during the tax year.

    Caution:

    If there is an IR where the OID amount and the W/H amount are identical, refer these cases to the FRP. See IRM 4.19.3.22.9, Disagreed Responses.

  2. Original issue discount is identified on the Case Analysis screen by the literals "99 OID" in the DOC TYPE field and the following literal(s) in the INCOME TYPE field:

    • "S-INT" is the qualified stated interest paid or credited on the obligation during the tax year

    • "OID" is the original issue discount allocable to the tax year, and/or

    • "OIDTO" is the original issue discount on Treasury Obligations.

      Note:

      OID on Treasury Inflation-Indexed Securities is reported in Box 8 on Form 1099-OID.

  3. Original issue discount, which is treated as interest income, is the difference between the issue price and stated redemption price of a debt instrument (bond). ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ issued by a brokerage firm or by financial institutions (banks, credit unions, and savings and loans).

  4. Original issue discount (other than original issue discount on an obligation with a term of 1 year or less) is reported on Form 1099-OID.

  5. If the TP reports a partial amount or no amount from a 99OID IR, consider whether the TP has made an adjustment for acquisition premium, or some other offset. Original issue discount may be reduced by these offsets provided the TP first included the gross amount of original issue discount on Form 1040, Schedule B, line 1. The line 2 amount should then reflect the taxable amount of original issue discount as adjusted for these offsets.

    Note:

    Pursue the OID issue if the TP reports an incorrect amount of taxable original issue discount due to an improper offset of the gross amount of OID.

  6. If the TP reports a partial amount or no amount from a 99OID IR and the Schedule B does not reflect any adjustments, consider the OID, S-INT and OIDTO amounts in determining the U/R amount.

  7. If 99OID and 99INT IR(s) are present from the same payer, and you cannot determine which amount is reported:

    1. Group the OID, S-INT, OIDTO and INT amounts by PAYER EIN.

    2. Compare the group total amount to the total amount reported by the TP for that payer.

    3. If the group total amount is smaller, assign status code "R" to the group.

    4. If the group total amount is larger, consider the difference U/R and assign status code "U" to the group.

Savings Bonds, Treasury Bills, Treasury Bonds, and Treasury Notes
  1. Interest from U.S. Savings Bonds, Treasury Bills, Treasury Bonds, and Treasury Notes appear on 99INT IRs with the literal "BOND" . OID on Treasury Inflation-Indexed Securities is reported in Box 8 on Form 1099-OID.

  2. Bond interest is identified on the Case Analysis screen by the literal "99INT" in the DOC TYPE field and the literals "BOND" or "TEBND" (Tax Exempt Bond) in the INCOME TYPE field. TEBND amounts are system deleted.

  3. If the TP reports an amount of savings bond interest that is equal to or greater than the IR(s) amount, consider the IR(s) reported unless the return amount is identified as being from a different payer.

  4. Accept bond interest if the TP indicates the following:

    1. The bond interest is reported each year as it accrues. Accept only if the TP reports an interest amount.

    2. Interest on inherited savings bonds was reported on the decedent's final individual income tax return.

  5. If the TP included Bond income as Capital Gains on Schedule D, Part II, consider the Bond reported. Subtract the Bond Income from the LONG TERM GAIN/(LOSS) field in the Sch D/8814/ECR Tax window and send the IR(s). Include a Special Paragraph using the following verbiage as an example:

    Tax year 2017 and prior Tax year 2018 and subsequent
    "The Bond income you reported on Form 1040, line 13 or Schedule D, Capital Gains and Losses, does not qualify for capital gains treatment. Your payers reported this income to us as bond interest, so you must report the income as ordinary income on your tax return." "The Bond income you reported on Form 1040, Schedule 1, line 13 or Schedule D, Capital Gains and Losses, does not qualify for capital gains treatment. Your payers reported this income to us as bond interest, so you must report the income as ordinary income on your tax return."
  6. If a breakdown of bond interest by payer is not shown on the return or on an attachment and there is only one IR:

    1. Compare the amount reported on Form 1040, Form 1040A, lines 8a , or Form 1040EZ, line 2 (Tax year 2017 and prior) or Form 1040, line 2b (Tax year 2018 and subsequent).

    2. If the TP reports a larger amount, consider the IR fully reported.

    3. If the TP reports a lesser amount, allow credit for the amount reported.

  7. If the TP reports bond interest but does not identify the payer and there is more than one BOND IR:

    1. Group by income type BOND.

      Note:

      If INT IRs are present it may be necessary to add INT IRs to the group.

    2. Compare the group total to the amount of reported bond interest.

    3. If the group total amount is smaller, assign status code "R" to the group.

    4. If the group total amount is larger, consider the difference U/R and assign status code "U" to the group.

    5. If bond amounts are U/R, send PARAGRAPH 64. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Exception:

      If the specific U/R amount matches an IR - PARAGRAPH 64 may not be appropriate.

  8. If the TP reports an amount as savings bond, T-Bill bond, or note interest, and the 99INT IR shows only regular interest, consider the IR reported if the amounts match within $1 ONLY if the TP has not excluded interest on Schedule B, line 3, for college tuition. PARAGRAPH 108 automatically generates when the exclusion is fully disallowed.

  9. 99INT IRs should not show EWPEN amounts if only bond interest is present. Treat such IRs as potential Payer Agent data or questionable.

Savings Bond Exclusion
  1. Form 8815, Exclusion of Interest from Series EE and I U.S. Savings Bonds Issued After 1989, is allowed on Schedule B, line 3.

  2. Bond Interest must be reported on the return before being claimed as a Savings Bond Exclusion on Form 1040(all tax years) or Form 1040A(tax years 2018 and prior).

  3. When the TP excludes a savings bond interest amount and the AGI is changed, the Adjusted Gross Income and Savings Bond Exclusion windows may display when the Return Value window is selected. If the windows do not display, they must be accessed before continuing to the Return Value screen.

  4. The AUR system computes the new excludable savings bond interest amount based on the entries in the Adjusted Gross Income and Savings Bond windows and displays it in the RECOMPUTED SAVINGS BOND EXCLUSION field.

  5. If the Adjusted Gross Income (AGI) window appears, see IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Adjusted gross Income (AGI) window.

    Reminder:

    Input/verify the amount in the Excluded Savings Bond field of the AGI window.

  6. The savings bond exclusion claimed on Schedule B, line 3 is disallowed when:

    1. The TP is married filing a separate return

    2. The new Modified Adjusted Gross Income (MAGI) is:

    Filing Status TY 2016 TY 2017 TY 2018
    Single, Head of Household and Qualifying Widow(er) $92,550 or more $93,150 or more $94,500 or more
    Married Filing Joint $146,300 or more $147,250 or more $149,300 or more

    Note:

    The new MAGI is the amount claimed on Form 8815, line 9, plus U/R income.

  7. The savings bond exclusion claimed on Schedule B, line 3 is adjusted when the new MAGI is greater than:

    Filing Status TY 2016 TY 2017 TY 2018
    Single, Head of Household and Qualifying Widow(er) $77,550 $78,150 $79,550
    Married Filing Joint $116,300 $117,250 $119,300
  8. If the system determines the exclusion claimed should be disallowed in whole or part, an IR is created by the system for the amount of the disallowance and coded with status code "U" .

  9. PARAGRAPH 105 automatically generates when the exclusion is adjusted or eliminated. PARAGRAPH 107 automatically generates when the exclusion is eliminated based on the filing status.

  10. If you adjust the Savings Bond Exclusion, enter the amount from Schedule B in the RETURN field of the Summary screen.

Interest Miscellaneous
  1. Interest income may be reduced by any of the following, provided the TP first included this income on Schedule B, line 1. The line 2 amount should then reflect the taxable amount of interest minus these adjustments:

    1. Nominee Distributions - Interest received by the TP that actually belongs to another person, such as a child.

    2. Accrued Interest - Interest on securities transferred between interest payment dates.

    3. Tax-Exempt Interest - (for example, Municipal Bonds).

      Note:

      When SS/RR is also present, see IRM 4.19.3.8.17.1(7), SS/RR - Analysis.

    4. Amortizable Bond Premium - Premium offsets interest on taxable bonds acquired after December 31, 1987.

    5. Frozen Deposits - An account from which the TP is unable to withdraw funds because the financial institution or others in the area are bankrupt, insolvent, or in receivership.

  2. Pursue the issue if it appears the TP reports an incorrect taxable interest due to improper deduction of these amounts.

  3. PARAGRAPH 85 automatically generates to inform the TP he/she may be subject to Backup Withholding (BWH) when the total of U/R interest, dividends, and patronage dividends is greater than $500.

  4. 99INT and 99OID IRs may reflect an Early Withdrawal Penalty (EWPEN). See IRM 4.19.3.9.5, Early Withdrawal Penalty (EWPEN) - General, for further instructions.

    Caution:

    TPs may net the EWPEN against the interest. See IRM 4.19.3.9.5.1(3) and (6), Early Withdrawal Penalty (EWPEN) - Analysis.

  5. If a 99INT IR, from the U.S. Treasury, with EIN 38-1798424 is shown on the Case Analysis screen, it is credit interest paid to the TP(s) by IRS for refund cases and is fully taxable.

  6. 99INT IRs may reflect W/H. If there is an indication that the interest account is jointly owned with someone other than the TP's spouse or the filing status is 3:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Send PARAGRAPH 6, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

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

      Note:

      See IRM 4.19.3.5.3, Jointly Owned Income, for additional instructions on jointly owned income.

    4. See IRM 4.19.3.17.1, Withholding - General, for further instructions on W/H.

  7. A fully U/R 99INT IR with a payee EIN is considered self-employment income. Input an Income Identify Code to assess SE tax. See IRM 4.19.3.16.1(4) and (5), Self-Employment Tax and Exhibit 4.19.3-9, Income Identify Codes.

  8. If interest is U/R, enter the amount from Form 1040, line 8a, Form 1040A, line 8a, or Form 1040EZ, line 2, (Tax year 2017 and prior) or Form 1040, line 2b, (Tax year 2018 and subsequent) in the RETURN field on the Summary screen.

Dividends and Capital Gain Distributions

  1. Dividends are distributions paid by corporations, partnerships, and/or estates and trusts. They are reported on Form 1099-DIV and on Schedules K-1 from Form 1065, U.S. Return of Partnership Income, Form 1041, U.S. Income Tax Return for Estates and Trusts, and Form 1120-S, U.S. Income Tax Return for an S Corporation.

  2. Capital gain distributions are normally paid by regulated investment companies, mutual funds, and real estate investment trusts from their net long-term capital gains.

Dividends - General
  1. The types of dividends compared are:

    • Ordinary Dividends - Entire amount is taxable

    • Capital Gain Distributions - Are considered taxable

  2. Dividends are identified on the Case Analysis screen by the literal "99DIV" in the DOC TYPE field and one of the following literals in the INCOME TYPE field:

    • "ORDIV" - Ordinary dividends

    • "QDIV" - Qualified Dividends may be eligible for the Capital Gains rate shown in the table below

      TY 2016 TY 2017 TY 2018
      20 percent 20 percent 20 percent
    • "NDDIS" - Non-dividend distributions (non-taxable)

    • "INEXP" -Investment Expenses (information only/system deleted)

  3. The AUR system considers each of the following amounts separately:

    • Ordinary Dividends

    • Capital Gain Distributions (including 28 percent rate, 5 year gain, 1250 gain and 1202 gain)

  4. If a 99DIV IR with multiple income types is U/R, and the tolerance for issuing a notice is met, screen all elements of the IR.

Dividends - Analysis
  1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    • 403(b) accounts

    • SEP or IRA accounts

    • Municipal Bond funds

    • Pension Plan or Profit Sharing Plan (including a 401(k) plan)

    • Capital Construction Fund (CCF) account

    Note:

    If W/H is reported, allow; if not reported ≡ ≡ ≡ ≡

  2. Compare ORDIV amounts with entries on:

    Tax year 2017 and prior Tax year 2018 and subsequent
    Form 1040, line 9a.

    Note:

    Qualified dividends reported on line 9b must be included in total dividends reported on line 9a. If the TP reduces the dividends amount by the qualified dividend amount, the difference is U/R. Send PARAGRAPH 65, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Form 1040, line 3b.

    Note:

    Qualified dividends reported on line 3a must be included in total dividends reported on line 3b. If the TP reduces the dividends amount by the qualified dividend amount, the difference is U/R. Send PARAGRAPH 65, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Form 1040A, line 9a.

    Note:

    Qualified dividends reported on line 9b must be included in total dividends reported on line 9a. If the TP reduces the dividends amount by the qualified dividend amount, the difference is U/R. Send PARAGRAPH 65, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    N/A
    1. Schedule B, Part II.

    2. Schedule E, Parts II, III, and/or IV. The amounts must match within $1 or be clearly identified as Dividend Income.

  3. Compare IR(s) on the Case Analysis screen with individual items listed on Schedule B, if attached. The TP may use an attachment in lieu of Schedule B.

  4. Dividend IRs display Ordinary Dividends (ORDIV), Qualified Dividends (QDIV), Capital Gain Distributions (CG), and non-dividend distributions (non-taxable) as separate amounts.

    1. The QDIV are included in the ORDIV.

    2. If the sum of the ORDIV and the CG amounts matches the sum of dividends reported on Schedule B, line 5, consider the IR(s) fully reported.

  5. If individual IR(s) do not match the amount claimed on the return:

    1. Group ordinary dividend amounts from the same payer.

    2. Compare the group total amount to the total ordinary dividends reported for that payer.

    3. If the group total amount is smaller, assign status code "R" to the group.

    4. If the group total amount is larger, assign status code "U" to the group.

  6. If a breakdown of dividends by payer is not shown on the return or on an attachment and there is only one IR:

    1. Compare the amount reported on Form 1040, Form 1040A, line 9a (Tax year 2017 and prior) Form 1040, line 3b (tax year 2018 and subsequent).

    2. If the TP reports a larger amount, consider the IR fully reported.

    3. If the TP reports a lesser amount, allow credit for the amount reported.

  7. If a breakdown of dividends by payer is not shown on the return and there is more than one dividend IR:

    1. Group all ORDIV together.

      Note:

      The Group function is a tool to assist the TEs in computing the correct U/R amount. It may not be necessary to use the Group function if the correct U/R can be determined without it.

    2. Compare the group total amount to the total reported dividends.

    3. If the group total amount is smaller, assign status code "R" to the group.

    4. If the group total amount is larger, consider the difference U/R and assign status code "U" to the group.

    5. If dividend amounts are U/R send PARAGRAPH 64. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Exception:

      If the specific U/R amount matches an IR - PARAGRAPH 64 may not be appropriate.

  8. Dividends and interest income are often interchanged by the TP. Check any interest income areas when comparing IRs (for example, credit union dividends). Check any dividend income areas when comparing INT amounts. Offset dividend income against interest income ONLY if one of the following applies:

    1. The same amount (within $1) AND the same payer are reported; OR

    2. An unidentified amount matches the U/R dividend amount within $1.

  9. If dividend income is listed on Schedule B but is not added into the AGI:

    1. Consider the income U/R. Create an IR for any income the TP reported on Schedule B for which we do not have a corresponding IR.

    2. If interest and/or dividend amounts are U/R, send PARAGRAPH 57. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  10. If the TP reports ordinary dividends on Schedule D/Form 8949,

    TY 2016 TY 2017 TY 2018
    lines 1a, 1b, 2, or 3 column (d) or lines 8a, 8b, 9 or 10 column (d) lines 1a, 1b, 2, or 3 column (d) or lines 8a, 8b, 9 or 10 column (d) lines 1a, 1b, 2, or 3 column (d) or lines 8a, 8b, 9 or 10 column (d)
    1. Consider the amount(s) in columns (e) and (g), (cost or other basis) U/R.

    2. To arrive at the amount to input in the REPORTED AMOUNT field, subtract the columns (e) and (g) amounts from the information return.

      Caution:

      Delete the dividend income from the LONG TERM GAIN (LOSS) field in the Sch D/8814/ECR Tax window.

    3. Send PARAGRAPH 52, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  11. If you notice a math error on Schedule B:

    1. Create an IR for any reported dividend amount(s) for which we do not have a corresponding IR.

    2. Group by income type ORDIV.

    3. Compare the group total amount to the total dividends reported.

    4. If the group total is smaller, consider reported and assign status code "R" to the group.

    5. If the group total is larger, consider the difference U/R and assign status code "U" to the group.

    6. Send PARAGRAPH 79, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  12. During Case Analysis do not screen the QDIV element of the IRs; enter a status code "N" . The TP determines the portion of QDIV (from Form 1099-DIV, Box 1b) that is entered on Form 1040 or Form 1040A, line 9b (tax years 2017 and prior) or Form 1040, line 3a (tax years 2018 and subsequent).

    Note:

    For TY 2017 and subsequent, the QDIV element(s) is systemically included on the notice when the ORDIV element is marked with a U. Send Indicator S will not be reflected on the QDIV element of the IR on the Case Analysis screen and QDIV(s) will not be displayed on the Summary screen; however, QDIV(s) will be included on the notice.

    Note:

    Any changes to reported QDIV are used in determining the proper Schedule D tax rate and will not impact the AGI.

Dividends Miscellaneous
  1. The TP may report a net dividend amount based on the payer's estimated percentage of taxability (especially utility companies). ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. Dividends from money market funds may be reported under a different name. If a dividend amount on a 99DIV IR matches an amount on Schedule B, consider the IR reported unless there is an IR(s) for that individual payer.

  3. Restricted stock transferred to an employee as compensation for services may accrue dividends. Even though these dividends are reported on Form 1099-DIV, they should be treated as wages. Consider the income reported if the amount was included with wages.

  4. Reinvestment dividends are not allowable as an exclusion.

  5. 99DIV IRs may reflect W/H. If there is an indication that the dividend account is jointly owned with someone other than the TP's spouse or the filing status is 3:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Send PARAGRAPH 6, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Note:

      See IRM 4.19.3.5.3, Jointly Owned Income, for further instructions on joint ownership.

    3. See IRM 4.19.3.17.1, Withholding - General, for further instructions on W/H.

  6. A fully U/R 99DIV IR with a payee EIN is considered self-employment income. Input an Income Identify Code to assess SE tax. See IRM 4.19.3.16.1(4) and (5), Self-Employment Tax and Exhibit 4.19.3-9, Income Identify Codes.

  7. Nominee dividends may be deducted provided the TP first included this income on Schedule B, line 5.

  8. PARAGRAPH 85 automatically generates to inform the TP he/she may be subject to BWH when the total of U/R interest, dividends, and patronage dividends is greater than $500.

  9. If dividends are U/R, enter the return amount in the RETURN field on the Summary screen.

Capital Gain Distributions - General
  1. Capital Gain Distributions are identified in the Case Analysis screen by the literal "99DIV" in the DOC TYPE field and "CG" - Capital Gain Distributions - Income Identify Code "SD" displays for Capital Gain Distributions in the INCOME TYPE field.

  2. The AUR system considers Capital Gain Distributions separately from Ordinary Dividends.

  3. If Capital Gains are U/R and the tolerance for issuing a notice is met, screen all elements of the IR.

Capital Gain Distributions - Analysis
  1. Compare capital gain distributions amounts with entries on:

    TY 2017 and prior TY 2018 and subsequent
    Form 1040, line 13. Form 1040, Schedule 1, line 13
    Form 1040A, line 10. N/A
    1. Schedule D, line 13, column (h).

    2. Form 8949, Part II, line 1, column (h).

      Note:

      The TP may use an attachment in lieu of Form 8949

  2. Verify that the TP has reported capital gain distributions on Schedule D, line 13, and that the proper amount was carried over to:

    TY 2017 and prior TY 2018 and subsequent
    Form 1040, line 13 Form 1040, Schedule 1, line 13
  3. If no Schedule D is present that the TP reported the capital gain distributions directly on:

    TY 2017 and prior TY 2018 and subsequent
    Form 1040, line 13 Form 1040, Schedule 1, line 13
    Form 1040A, line 10 N/A
  4. When the TP reports Capital Gain Distributions directly on Form 1040, line 13 (Form 1040A, line 10) (Tax year 2017 and prior) or Form 1040, Schedule 1, line 13 (tax year 2018 and subsequent), the Schedule D/8814 window in Return Value MUST be accessed manually. See IRM 4.19.3.14.2(1), Sch D/8814/ECR Tax Window.

  5. If the TP provides a breakdown of capital gains (for example on an attachment), be sure that the amount was properly transferred to either Schedule D, line 13, column (h) or Form 1040, line 13 (or Form 1040A, line 10) (Tax year 2017 and prior) or Form 1040, Schedule 1, line 13 (tax year 2018 and subsequent)before considering them reported. If not, then consider the amount U/R and send PARAGRAPH 3. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  6. If a breakdown of capital gain distributions is not shown on the return and there is more than one capital gain distribution IR:

    1. Group by income type CG.

      Note:

      The Group function is a tool to assist the TEs in computing the correct U/R amount. It may not be necessary to use the Group function if the correct U/R can be determined without it.

    2. Compare the group total amount to the amount reported on Schedule D, line 13, column (h) or if Schedule D is not attached, Form 1040, line 13, or Form 1040A, line 10 (Tax year 2017 and prior) or Form 1040, Schedule 1, line 13 (tax year 2018 and subsequent).

    3. If the group total amount is smaller, assign status code "R" to the group.

    4. If the group total amount is larger than the amount reported, consider the difference U/R and assign status code "U" to the group.

      Note:

      If the reported dividend amount matches the sum of the ORDIV and CG on the IR(s), consider the capital gain distributions fully reported.

    5. If capital gains amount are U/R, send PARAGRAPH 64. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Exception:

      If the specific U/R amount matches an IR - PARAGRAPH 64 may not be appropriate.

  7. Capital Gain Dividends reported on Form 1099-DIV with a "S" or "P" in the TP field on the Case Analysis screen default with an Income Identify Code of "SD" for long term capital gain/loss belonging on Schedule D, Part II. If the TP field contains an "E" for EIN, the user MUST ENTER an Income Identify Code of "SD" .

  8. Change the Income Identify Code on partially U/R CG elements when you can determine from the TP's reported amount that:

    1. The CG distributions do not belong on Schedule D. Input the appropriate Income Identify Code. (for example, "PB" for the income to be treated as primary business subject to SE tax). See Exhibit 4.19.3-9, Income Identify Codes.

      Note:

      Capital gain distributions which have an Income Identify Code of "PB" , "PF" , "SB" , "SF" , or "CG" IRs with a payee EIN display on the Summary screen as Nonemployee Compensation. Send the TP a Special Paragraph explaining that our CG income is shown on the notice as Nonemployee Compensation and is subject to SE tax.

    2. The Capital Gain distributions are determined to be a short term capital gain/loss belonging on Schedule D, Part I. Input an Income Identify Code of "ST" .

  9. Capital Gain IRs with Income Identify Codes of "SD" or "ST" are screened using the following procedures:

    1. Enter a status code of "U" on the CG element containing Income Identify Code of "SD" or "ST" .

    2. The Adjusted Gross Income window displays. Input/verify the fields.

    3. The COMPUTE SCHEDULE D LOSS window displays. Refer to IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - SCHEDULE D LOSS, to determine the correct field entries.

      Note:

      If there are U/R CG and the TP reports a capital loss on Form 1040, line 13 (Tax year 2017 and prior) or Form 1040, Schedule 1, line 13 (tax year 2018 and subsequent), enter a zero (0) in both fields on the COMPUTE SCHEDULE D LOSS window. It may be necessary to blank out both fields first. This will prevent the system from using losses in excess of $3,000 ($1,500 if MFS) to offset U/R Schedule D income.

    4. The cursor returns to the IR CD field of the IR where it was before the windows displayed. The field is blank.

      Note:

      The AGI and COMPUTE SCHEDULE D LOSS windows only display automatically when a status code of "U" is initially entered. It is not necessary to access these windows again unless the field entries need to be changed.

    5. Input a status code ("U" , "R" , or "N" ) and the reported amount, if applicable, for the CG elements containing Income Identify Code of "SD" or "ST" .

    6. The system uses the information on the COMPUTE SCHEDULE D LOSS window to determine the correct U/R amount of Schedule D income. The total U/R Schedule D income amount is included in the TOTAL AGI CHANGE field on the Case Analysis screen.

  10. PARAGRAPH 24 automatically generates when CG are treated as ordinary income due to loss limitations. If the loss per return is less than $3,000 ($1,500 if MFS) toggle off PARAGRAPH 24 from the Summary screen.

  11. If Capital Gain Distributions are U/R, enter the return amount from Schedule D, line 13 (Form 1040, line 13, if no Schedule D is attached, Form 1040A, line 10, (Tax year 2017 and prior) or Form 1040, Schedule 1, line 13 (tax year 2018 and subsequent) in the RETURN field of the Summary screen.

State and Local Income Tax Refunds (SITR) - General

  1. State and local income tax refunds (SITR) are taxable in the year received if the TP itemized deductions in the previous year and claimed a deduction for state and/or local income taxes that resulted in a tax benefit.

  2. The prior year filing status code is used in figuring the AUR year taxable SITR amount.

  3. SITR payments are reported on Form 1099-G, Certain Government Payments.

  4. State income tax refunds are identified on the Case Analysis screen by the literal "1099G" in the DOC TYPE field and the literal "SITR" in the INCOME TYPE field.

SITR - Analysis
  1. TPs that pay Alternative Minimum Tax do not derive a benefit from SITR. The AUR program now identifies TPs who paid ALT MIN Tax in the prior year before considering SITR unreported. Therefore, only pursue system identified (asterisked) SITR discrepant IRs. If the case is open for other issues, mark the non-asterisked SITR IR(s) with status code "D" , "N" or "R" .

  2. State and local income tax refunds (SITR) are potentially U/R if there is no SITR amount reported or when there are multiple SITR IRs and not all are reported. Compare SITR IRs to:

    TY 2017 and prior TY 2018 and subsequent
    Form 1040, line 10 Form 1040, Schedule 1, line 10
  3. Input/verify the required amounts on the SITR window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - State and Local Income Tax Refunds.

    Note:

    An entry in the STATE/LOCAL W/H field is required only when the TP has netted. See (11) below for additional information.

  4. 1099G IRs with reported SITR amounts for other than the prior tax year are deleted by the system. The literal "X" displays in the IR CODE field of the Case Analysis screen.

  5. When any of the following conditions are present, mark all SITR IRs (including those system identified as discrepant) with status code "D" , "N" , or "R" :

    1. SITR worksheets are attached to the return.

    2. The TP indicates that there is no tax benefit due to Alternative Minimum Tax.

  6. The AUR system will compute the U/R SITR amount if Form 1040, line 10 (Tax year 2017 and prior) or Form 1040, Schedule 1, line 10 (Tax year 2018 and subsequent), does not equal the total of the SITR IRs.

  7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. The TP claimed itemized deductions for the prior AUR tax year, AND

    2. The prior year total itemized deductions are greater than his/her standard deduction, AND

    3. The prior year state/local tax deduction is less than (including zero) the SITR IR(s).

    4. Form 1040, line 10 (Tax year 2017 and prior) or Form 1040, Schedule 1, line 10 (Tax year 2018 and subsequent) does not equal the SITR IR(s).

      Note:

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

  8. If the system computed a SITR refund, the current year filing status code has changed from the prior year, and the PRIOR YEAR TOTAL ITEMIZED DED field on the SITR window is less than or equal to 0 (zero), the system displays the following message: "Warning: SITR refund. Prior Yr Sch A info needed, access RTVUE on IDRS."

    If And Then
    The current year filing status is "1" , "3" , or "4" and, the prior year filing status was equal to "2" or "5" It can be determined that the TP's SSN in the prior year was a secondary SSN Research the Primary and Secondary SSNs using IDRS CC RTVUE.
    The current year filing status is "2" or "5" The prior year filing status is "1" , "3" , or "4" Access IDRS CC RTVUE for each spouse that has a SITR IR.
    1. Mark the applicable SITR IR with status code "N" or "D" if the spouse did not claim state/local taxes on the prior year Schedule A.

    2. If the spouse reported SITR on the current year return and the prior year filing status was 1, 3, or 4 and the spouse did not itemize, enter the amount of SITR reported as a miscellaneous deduction in the SCH C EXP/MISC Adjustment window, to refund the amount. Send a Special Paragraph using the following verbiage as an example: "Since state and local taxes were not claimed as an itemized deduction on either your or your spouse's {enter previous tax year 201X} tax return, you are not required to report the refund for the spouse who did not itemize deductions. We have reduced the amount reported on line 10 (if tax year is 2018 or subsequent; Schedule 1, line 10) of your return. This change is reflected on our notice as a miscellaneous adjustment."

    3. Verify that the PRIOR YEAR fields on the SITR window match RTVUE and correct if necessary.

      Caution:

      If TP chose to itemize (even when it is less than the standard deduction) and the TP claimed state/local tax deduction on the previous year’s Schedule A, do not allow the SITR refund. Mark the SITR IR with status code "N" or "D" .

  9. If the system computed a SITR refund and the current year filing status code has not changed from the prior year, the system displays the following message: "Warning: SITR refund."

    1. Access IDRS CC RTVUE.

    2. Verify that the PRIOR YEAR fields on the SITR window match RTVUE and correct if necessary.

      Caution:

      If TP chose to itemize (even when it is less than the standard deduction) and the TP claimed state/local tax deduction on the previous year’s Schedule A, do not allow the SITR refund. Mark the SITR IR with status code "N" or "D" .

  10. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  11. If the difference between the sum of state and local income tax withheld and the SITR IR(s) is equal to or greater than the TP's current AUR tax year Schedule A, line 5 (tax years 2017 and prior) or line 5a (tax years 2018 and subsequent) amount, this indicates the TP netted.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. If the TP netted SITR, the system alerts the tax examiner to send an appropriate paragraph. If a notice is sent for any other issue, send PARAGRAPH 141. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  12. Do not refund apparent O/R SITR for TPs who are minors or who are claimed as a dependent on someone else's return. Delete the SITR IRs for minors and dependents claimed on someone else's return.

  13. If the TP filed "married filing jointly" in the prior year, and filed "married filing separately" in the current AUR tax year and reported one-half of the SITR amount, consider the SITR fully reported.

  14. PARAGRAPH 69 automatically generates when SITR is U/R.

  15. PARAGRAPH 16 automatically generates when SITR is O/R because the TP did not claim itemized deductions for the prior AUR tax year.

  16. If SITR is U/R, enter the return amount in the RETURN field of the Summary screen.

Nonemployee Compensation (NEC) - General

  1. Nonemployee compensation is fees, commissions, or any other compensation paid by a business to an individual who is not an employee.

  2. Nonemployee compensation is reported on Form 1099-MISC.

  3. Nonemployee compensation is identified on the Case Analysis screen by the literal "99MIS" in the DOC TYPE field and the literal "NEC" in the INCOME TYPE field.

NEC - Analysis
  1. Compare NEC amounts with entries on:

    1. Schedule C, Part 1.

    2. Schedule C-EZ, Part II.

    3. Schedule E, Part II - see (3) below.

    4. Schedule F, Part I or III.

    5. Form 4835, Farm Rental Income and Expenses, Part I.

    Note:

    Consider NEC reported if it is included in a larger total for the applicable TP on Schedule C, C-EZ, F or Form 4835, unless the IR is obviously not the same type of income.

  2. When comparing NEC IRs with entries on any line not specifically identified for NEC, the amount must match within $1 or be CLEARLY IDENTIFIED by payer name, activity or as NEC income:

    TY 2017 and prior TY 2018 and subsequent
    Form 1040, line 7. Form 1040, line 1
    Form 1040A, line 7. Form 1040, Schedule 1, line 21.

    Note:

    If there is an indication ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Form 1040EZ, line 1. N/A
    Form 1040, line 21.

    Note:

    If there is an indication ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    N/A
    1. Schedule D, Part I, lines 1a, 1b, 2 , or 3 column (d) or Part II, lines 8a, 8b, 9 or 10, column (d).

      Caution:

      Virtual currency may be reported or partially reported on Schedule D. This income may be identified by payer name or may be referred to as bitcoin or similar language. If the income is partially reported and the TP includes an explanation they reported the fair market value of the virtual currency, as of the date it was received, consider the income reported.

    2. Form 8949- Part I, line 1 column (d) or Part II, line 1, column (d).

      Caution:

      Virtual currency may be reported or partially reported on Form 8949. This income may be identified by payer name or may be referred to as bitcoin or similar language. If the income is partially reported and the TP includes an explanation they reported the fair market value of the virtual currency, as of the date it was received, consider the income reported.

    3. Form 2106, Employee Business Expenses, line 7 - Give credit when the NEC IR is related to the occupation (or activity) shown on Form 2106. See (4) below.

    4. Schedule E, Part I.

    5. Form 4797, Sales of Business Property, Parts I, II, or III.

    6. Form 6252, Installment Sale Income, line 5 or line 21.

    7. Form 3903, Moving Expenses, line 4.

      Note:

      For TY 2018 and subsequent, only Members of the Armed Forces who meet certain requirements can deduct moving expenses.

    Note:

    The TP may report the sale of timber, coal, easements, right-of-way (ROW), land damages, etc. on the designated lines for Schedule D, Form 8949 or Form 4797. Consider the NEC reported if the sales price matches the IR within $1.

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

    1. An amount on the return matches within $1. Also give credit for reported amounts identified as being from the same payer.

    2. The TP is incorporated (payer name must include CORP, INC, LC, LLC, PA, SC, or PC) and pays wages to himself/herself (the name and/or address of the payer is similar to or matches the name and/or address of the TP). ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. The TP appears to be a partner or shareholder as shown on Schedule E, Part II. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. The TP is in the medical profession and has reported wages from a medical professional corporation (payer name must include CORP, INC, LC, LLC, PA, SC, PC, clinic or group) but not a hospital or medical center. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. The TP is an employee of an institution and has ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    6. The TP is in the medical profession and there is an indication ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    7. The TP nets the amount for reimbursed expenses reported on Form 1099-MISC and ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    8. Form 3115, Application for Change in Accounting Method, is attached and the TP is an insurance agent, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    9. The combined NEC for both TPs equals the Schedule C within $1 or there is a statement indicating the amounts are included in a larger total.

  4. If Form 2106, column A, line 7 is greater than line 6, the TP ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ The U/R amount cannot exceed the amount on Form 2106, column A, line 8. To arrive at the amount to input in the RETURN field, subtract the amount that should have been included in income (Form 2106, column A, line 8) from the IR amount.

    Note:

    For TY 2018 and subsequent, Armed Forces Reservists, qualified performing artists, fee basis state or local government officials and employees with impairment-related work expenses can use Form 2106.TY 2018 Form 2106 expenses are reported on Form 1040,Schedule 1, line 25.

  5. If the payer is an oil, gas, or petroleum company:

    1. Consider the IR(s) reported if it is included (identified by payer or activity) in a larger total on Schedule C, C-EZ, or Schedule E, Part I.

    2. Depletion should NOT be deducted on Schedule C, Part II, or Schedule E, Part I, unless the business activity is related to a natural resource (for example, oil, gas, mineral, timber).

    3. Consider the depletion amount U/R if that depletion was deducted from income that is clearly NEC (Schedule C, line 12, or Schedule E, line 20). To arrive at the amount to input in the SHOWN ON RETURN field, subtract the depletion amount from the IR amount(s).

    4. Consider the IR fully U/R if the depletion amount cannot be determined.

  6. Nonemployee Compensation may represent crop insurance proceeds, which are reported on Schedule F, line 6a or 6b, or Form 4835, line 5a or 5b. The TP may elect to postpone the crop insurance proceeds to the year following the damage. If the NEC amount(s) appears to be this type of income, consider the amount reported if:

    1. The box on Schedule F, line 6c, or Form 4835, line 5c, is checked AND

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  7. If an explanation is attached to the return indicating the fellowship, grant, or stipend was used for tuition, fees, books, supplies, and equipment required for the course, AND:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ The TP cannot deduct expenses that exceed the IR.

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. The TP excluded expenses not shown above, then pursue the unallowable expenses. Send PARAGRAPH 124, see Exhibit 4.19.3-7, CP PARAGRAPHS.

  8. If the NEC IR is identifiable as fellowship/grant/stipend income, no explanation of tuition expenses is attached, and the IR is not fully reported, pursue the amount not reported. Send PARAGRAPH 124.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. DO NOT ASSESS SE tax on scholarship/stipend income.

  9. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  10. If the TP reports NEC income on Form 1040 or Form 1040A, line 7 (Tax year 2017 and prior) or Form 1040, line 1 (Tax year 2018 and subsequent) and attaches a Form 8919, Uncollected Social Security and Medicare Tax on Wages, to assess the employee share of FICA, the TP is indicating that he/she is NOT LIABLE for SE tax on NEC because he/she is an employee. Unless an employment status determination has been rendered by the SS-8 group to identify if the TP is an independent contractor or employee, SE tax must be assessed. To ensure that credit is given for the tax paid on Form 8919:

    Exception:

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

    1. Do not change the Income Identify Code.

    2. Access the SE Tax window and enter the Primary/Secondary Form 8919 tax in the PRI/SEC TAX FROM FORM 8919 INCOME field.

    3. Input the amount of reported NEC in the PRIM/SEC 8919 INCOME SUBJECT TO SE TAX field.

      Note:

      DO NOT enter this amount in the "Reported SE Income not on Sch SE" field of the SE Tax window.

    4. If necessary, adjust the PRI/SEC SS/RR WAGES/TIPS field so it does not include the NEC amount from Form 8919.

    5. Remove any amount from the ADDITIONAL FICA TAX window that is subject to SE Tax in the PRIMARY/SECONDARY INCOME SUBJECT TO FICA field.

    6. Send PARAGRAPH 12, see Exhibit 4.19.3-7, CP PARAGRAPHS.

    See IRM 4.19.3.22.3.23, Self-Employment Tax (SE Tax) vs. Employee Share of FICA.

  11. If Form 4137, Social Security and Medicare Tax on Unreported Tip Income, is attached to the return:

    1. Do not change the Income Identify Code.

    2. Access the SST on TIPS window and correct the entries in the PRI/SEC ALLOCATED TIPS, UNREPORTED SS TIPS and/or MEDICARE-ONLY TIPS fields to reflect the actual amount of tip income received (use zero (0) or blank if no tip income was received).

      Reminder:

      Do not adjust the PRI/SEC UNREPORTED TIP TAX field.

    3. Access the SE Tax window and input the reported NEC amount in the PRI/SEC REPRTED SE INC NOT ON SCH SE field.

    4. If necessary, adjust the PRI/SEC SS/RR WAGES/TIPS field so it does not include the NEC amount from Form 4137.

      Reminder:

      Do not assess a tip tax penalty.

    5. Send PARAGRAPH 12, see Exhibit 4.19.3-7, CP PARAGRAPHS.

    See IRM 4.19.3.22.3.23, Self-Employment Tax (SE Tax) vs. Employee Share of FICA.

  12. If TPs who are members of federally recognized Native American Tribes report Form 1099-MISC tribal-related income on Form 1040, line 21 (Tax year 2017 and prior) or Form 1040 , Schedule 1, line 21 (Tax year 2018 and subsequent), do not assess SE tax if any of the following literals are provided:

    • INDIAN GAMING

    • INDIAN GAMING PROCEEDS

    • IGP

    • INDIAN TRIBAL DISTRIB

    • INDIAN TRIBAL INCOME

    • INDIAN TRIBAL FUND

    • INDIAN TRIBAL EARNINGS

    • NATIVE AMERICAN

    • NATIVE AMERICAN DISTRIB

    • IGE

    • ITI

    • ALASKA PERMANENT FUND

    • ALASKA PERMANENT FUND DIV

    • APF

    • APFD

  13. If the TP reports NEC on Form 1040, line 21 (Tax year 2017 and prior) or Form 1040, Schedule 1, line 21 (Tax year 2018 and subsequent) and ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ "≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

NEC - Miscellaneous
  1. If a NEC amount on a 99MIS IR is U/R, verify the Income Identify Code so the system computes SE tax correctly. See Exhibit 4.19.3-9, Income Identify Codes.

  2. Underreported NEC is considered self-employment income (Income Identify Code is "PB" , "PF" , "SB" , or "SF" , as applicable) even if there is Form W-2 wage income from the same payer, unless the following applies:

    1. The NEC is partially or fully reported on Form 2106, Form 3903, Form 4835, Form 6252, Form 4797, Schedule D, Form 8949 or Schedule E, Part I. NEC reported on these forms is not subject to SE tax or considered earned income (Income Identify Code is blank).

      Note:

      Excess reimbursements on Form 2106 must be reported on Form 1040 or Form 1040A, line 7 (Tax year 2017 and prior) or Form 1040, Line 1 (Tax year 2018 and subsequent), and are considered earned income. Input Income Identify Code "PE" or "SE" .

      Note:

      Beginning with tax year 2018 employees in the following categories qualify to use Form 2106: Armed Forces Reservists, qualified performing artists, fee basis state or local government officials and employees with impairment-related work expenses

    2. The TP is a newspaper carrier or magazine seller and is under the age of 18, DO NOT assess SE tax.

    3. The TP is exempt from SE tax on the net earnings covered by an approvedForm 4361 or Form 4029. If the TP writes “Exempt Form 4361” or “Form 4029” on Form 1040, see table below for line numbers, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      TY 2016 TY 2017 TY 2018
      line 57 line 57 Schedule 4, line 57

      Note:

      Although TPs may exclude Ministers Housing Allowance from NEC, it generally is subject to self-employment (SE) tax. Thus, there may be a difference between net Schedule C (or C-EZ) income and income subject to SE tax due to the Ministers Housing Allowance.

    4. If the TP indicates that an NEC amount is compensation for a "non-compete" agreement or they are a member of a federally recognized Native American Tribe, the NEC amount is not subject to SE tax. Leave the INCOME IDENTIFY CODE field blank.

    5. If the TP indicates the compensation is for court awards/settlements. See IRM 4.19.3.8.18.2(1), Other Income Miscellaneous, for further information.

  3. If there is reported NEC on which the TP should have paid SE tax but did not, SE tax must be computed or recomputed if NEC is asterisked or a CP 2000 is sent for another issue(s). Include the reported NEC amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1, Self-Employment Tax or Exhibit 4.19.3-22, Examples of Self Employment Income.

    1. Send reported NEC IR elements on the notice when adjusting SE tax.

    2. If the NEC amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  4. If the TP reports NEC income, but indicates he/she worked as an employeeand

    1. Paid the employee percentage of FICA (see table below for percentages), follow the instructions in IRM 4.19.3.8.6.1(9), (10) and/or (12) as appropriate, NEC - Analysis.

    2. Did not pay the employee percentage of FICA (see table below for percentages), charge the appropriate amount of SE tax.

      TY 2016 TY 2017 TY 2018
      7.65 percent 7.65 percent 7.65 percent
    3. The NEC IR is partially reported on Form 4137 or Form 8919 and SS/Medicare tax is paid on the reported amount instead of SE tax, unless the condition in IRM 4.19.3.8.6.1 is met, treat the U/R NEC from the partially reported IR as subject to SE tax and follow the instructions in IRM 4.19.3.8.6.1(10) and/or (11), NEC - Analysis.

    4. Send PARAGRAPH 12, see Exhibit 4.19.3-7, CP PARAGRAPHS.

  5. If the TP reports NEC income AND attaches a Form 4137, follow the instructions in IRM 4.19.3.8.6.1(11), NEC - Analysis.

  6. If the TP reports NEC income AND attaches a Form 8919, follow the instructions in IRM 4.19.3.8.6.1(9) or (10) as appropriate, NEC - Analysis.

  7. 99MIS IRs may reflect W/H. See IRM 4.19.3.17.1, Withholding - General, for further instructions.

  8. If there are two or more fully U/R NEC IRs with an out-of-state payee address beyond the reasonable commuting area for the TP (for example, TP lives in Pennsylvania and U/R IRs are for Georgia), send PARAGRAPH 167. See Exhibit 4.19.3-7, CP PARAGRAPHS.

  9. If the TP participates in a nonqualified deferred compensation plan that does not meet all requirements as specified in IRC 409A, (appears with the literal 409AI on the IR) the payer must report the deferred compensation as income and the amount is subject to an additional tax.

    1. The payer identifies income under IRC 409A on Form 1099-MISC in box 15b.

      Note:

      The amount in Form 1099-MISC box 15b is already included in box 7 (NEC). If NEC is U/R and the difference corresponds to the 409AI amount, pursue the discrepancy as NEC and include a Special Paragraph using the following verbiage as an example: "Income recognized due to participation in a nonqualified deferred compensation plan that did not meet the requirements of Internal Revenue Code Section 409A is considered taxable. You cannot reduce your wages or nonemployee compensation by this amount."

    2. Income subject to IRC 409A regulations is identified on the Case Analysis screen by the literal "99MIS" in the DOC TYPE field and the literal "409AI" in the INCOME TYPE field. Enter status code "R" on the "409AI" element(s).

    3. The 409AI amount is subject to an additional tax. See IRM 4.19.3.16.7, Additional Taxes on Income from Nonqualified Deferred Compensation Plan (IRC Section 409A), for further instructions.

      Reminder:

      Mark the 409AI IR element(s) with Send Indicator "S" when adjusting the additional tax.

  10. If NEC is U/R, enter the GROSS return amount in the RETURN field on the Summary screen.

Merchant Card and Third Party Network Payments (MERCH) - General

  1. Merchant Card and Third Party Network Payments are payments the TP accepted from merchant cards (credit and debit cards), or received through a third party network (PayPal, Google checkout, etc).

  2. Merchant Card and Third Party Network Payments are reported on Form 1099-K, Payment Card and Third Party Network Transactions.

  3. Merchant Card and Third Party Network Payments are identified on the Case Analysis screen by the literal "1099K" in the DOC TYPE field and the literal "MERCH" in the INCOME TYPE field.

    Note:

    The IR may reflect the informational literal "NOCRD" , which is system deleted ("X" ). Do not pursue NOCRD amounts.

MERCH - Analysis
  1. Compare MERCH amounts with entries on:

    1. Schedule C, Part I, line 1.

    2. Schedule C-EZ, Part II, line 1.

    3. Schedule E, Part II - see (5) below.

    4. Schedule F.

  2. Consider MERCH reported if it is included in a larger total for the applicable TP on Schedule C, C-EZ, or F, unless the IR is obviously not the same type of income.

  3. When comparing MERCH IRs with entries on any line not specifically identified for MERCH, the amount must match within $1 or be CLEARLY IDENTIFIED by payer name, activity or as MERCH income:

    TY 2017 and prior TY 2018 and subsequent
    Form 1040, line 7. Form 1040, line 1
    Form 1040A, line 7. Form 1040, Schedule 1, line 21.

    Note:

    If there is an indication ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Form 1040EZ, line 1. N/A
    Form 1040, line 21.

    Note:

    If there is an indication ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    N/A
    1. Schedule D, Part I, lines 1a, 1b, 2 , or 3 column (d) or Part II, lines 8a, 8b, 9 or 10, column (d).

      Caution:

      Virtual currency may be reported or partially reported on Schedule D. This income may be identified by payer name or may be referred to as bitcoin or similar language. If the income is partially reported and the TP includes an explanation they reported the fair market value of the virtual currency, as of the date and time it was received, consider the income reported.

    2. Form 8949, Sales and Other Dispositions of Assets,Part I, line 1 column (d) or Part II, line 1, column (d).

      Caution:

      Virtual currency may be reported or partially reported on Form 8949. This income may be identified by payer name or may be referred to as bitcoin or similar language. If the income is partially reported and the TP includes an explanation they reported the fair market value of the virtual currency, as of the date and time it was received, consider the income reported.

    3. Schedule E, Part I.

    4. Form 4797, Sales of Business Property, Parts I, II, or III.

  4. The TP may report the sale of timber, coal, easements, right-of-way (ROW), land damages, etc. on the designated lines for Schedule D, Form 8949 or Form 4797. Consider the MERCH reported if the sales price matches the IR within $1.

  5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. The TP is incorporated (payer name must include CORP, INC, LC, LLC, PA, SC, or PC) and pays wages to himself/herself (the name and address of the payer is similar to or matches the name and/or address of the TP). ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. The TP appears to be a partner or shareholder as shown on Schedule E, Part II. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. The TP is in the medical profession and has reported wages from a medical professional corporation (payer name must include CORP, INC, LC, LLC, PA, SC, PC, clinic or group) but not a hospital or medical center. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    4. The MERCH IR is ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

MERCH - Miscellaneous
  1. If MERCH is U/R, verify the Income Identify Code so the system computes SE tax correctly. See Exhibit 4.19.3-9, Income Identify Codes.

  2. Underreported MERCH can be considered self-employment income (Income Identify Code is "PB" , "PF" , "SB" , or "SF" , as applicable) even if there is Form W-2 wage income from the same payer.

  3. If MERCH is not subject to SE tax (for example, MERCH reported on Schedule E, Part I, or Schedule D/Form 8949) remove the income identify code and leave the field blank.

  4. If there is reported MERCH on which the TP should have paid SE tax but did not, SE tax must be computed or recomputed if MERCH is asterisked or a CP 2000 is sent for another issue(s). Include the reported MERCH amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1, Self-Employment Tax and Exhibit 4.19.3-22, Examples of Self Employment Income.

    1. Send reported MERCH IR elements on the notice when adjusting SE tax.

    2. If the MERCH amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  5. PARAGRAPH 109 automatically generates when the MERCH IR is identified as U/R or used to create a group. If MERCH is not used to create a group, send PARAGRAPH 109.

  6. If MERCH is U/R, enter the GROSS return amount in the RETURN field on the Summary screen.

Medical Payments - General

  1. Medical payments are compensation paid to doctors, dentists, and others in the medical profession (for example, Nurse Practitioner, Midwife, Chiropractor, Doctor of Osteopathy, Veterinarian, Podiatrist).

  2. Medical payments are reported on Form 1099-MISC.

  3. Medical payments are identified on the Case Analysis screen by the literal "99MIS" in the DOC TYPE field and the literal "MED" in the INCOME TYPE field.

Medical Payments - Analysis
  1. Compare MED amounts with entries on:

    1. Schedule C, Part I, or Schedule C-EZ, if it appears to be for a medical practice.

    2. Schedule E, Part II, if it appears to be related to the medical profession.

  2. MED comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as MED payments:

    TY 2017 and prior TY 2018 and subsequent
    Form 1040, line 7 Form 1040, line 1
    Form 1040A, line 7 Form 1040, Schedule 1, line 21
    Form 1040EZ, line 1 N/A
    Form 1040, line 21 N/A
  3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. Reported wages from a medical professional corporation (payer name must include CORP, INC, LC, LLC, PA, SC, PC, clinic, or group), but not a hospital or medical center or

    2. Is incorporated (payer name must include CORP, INC, LC, LLC, PA, SC or PC) and pays wages to himself/herself (the name and/or address of the payer is similar to or matches the name and/or address of the TP).

      Note:

      If there are no WAGES IRs displayed on the Case Analysis screen, review the Form W-2 attached to the return.

  4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

Medical Payments Miscellaneous
  1. If MED payments are U/R and the TP's occupation and/or the payer name on the MED IR(s) is NOT related to the medical field, the income may be sick pay or disability payments. Form 1099-MISC are sometimes incorrectly used to report sick pay or disability payments.

    1. Do not consider the U/R MED amount(s) as self-employment income.

    2. Delete the Income Identify Code(s).

  2. If MED payments are U/R and the TP is in the medical profession, treat U/R MED payments as self-employment income. See IRM 4.19.3.16.1, Self-Employment Tax.

  3. If there is reported MED on which the TP should have paid SE tax but did not, SE tax must be computed or recomputed, if MED or SE tax is asterisked or a CP 2000 is sent for another issue(s). Include the reported MED amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1, Self-Employment Tax, and Exhibit 4.19.3-22, Examples of Self Employment Income.

    1. Send reported MED IR elements on the notice when adjusting SE tax.

    2. If the MED amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  4. IRs with MED amounts may reflect W/H. See IRM 4.19.3.17.1, Withholding - General, for further instructions.

  5. If MED payments are U/R, enter the GROSS return amount in the RETURN field on the Summary screen.

Fishing Income - General

  1. Fishing income is earned by fishing boat crew members.

  2. Fishing income is reported on Form 1099-MISC.

  3. Fishing income is identified on the Case Analysis screen by the literal "99MIS" in the DOC TYPE field and the literal "FISH" in the INCOME TYPE field.

Fishing Income - Analysis
  1. When comparing FISH amounts with the following entries, the amount must match within $1 or be CLEARLY identified by payer name, activity or as fish income:

    1. Schedule C, Part I (or C-EZ).

    2. Schedule E, Part I.

    3. Schedule E, Part II.

    4. Form 1040, line 21(Tax year 2017 and prior) or Form 1040, Schedule 1, line 21 (Tax year 2018 and subsequent).

Fishing Income Miscellaneous
  1. If a FISH amount on a 99MIS IR is U/R, verify the Income Identify Code so the system computes SE tax correctly. Valid Income Identify Codes are "PB" , "PF" , "SB" , or "SF" , as applicable. See Exhibit 4.19.3-9, Income Identify Codes.

  2. If there is fishing income reported on which the TP should have paid SE tax but did not, SE tax must be computed or recomputed if FISH or SE tax is asterisked or a CP 2000 is sent for another issue(s). Include the reported FISH amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1, Self-Employment Tax, and Exhibit 4.19.3-22, Examples of Self Employment Income.

    1. Send reported FISH IR elements on the notice when adjusting SE tax.

    2. If the FISH amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  3. 99MIS IRs with FISH amounts may reflect W/H. See IRM 4.19.3.17.1, Withholding - General, for further instructions.

  4. If fishing income is U/R, enter the GROSS return amount in the RETURN field on the Summary screen.

Retirement Plans

  1. Form 1099-R, Distributions from Pensions, Annuities, Retirement, or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., is used to report distributions from retirement plans.

  2. Retirement plans include pensions and annuities, profit-sharing and stock bonus plans, individual retirement accounts (IRAs), employee savings plans. Distributions from retirement plans are not always fully taxable.

  3. For Tax years 2017 and prior Form 1040 includes separate lines 15a and/or 15b and Form 1040A, lines 11a and/or 11b, for TPs to report distributions from IRA accounts. Other pension and annuity payments (including non-IRA distributions that are periodic payments or lump-sum distributions not entitled to special tax treatment on Form 4972, Tax on Lump-Sum Distributions) are reported on Form 1040, lines 16a and/or 16b, or Form 1040A, lines 12a and/or 12b.

  4. For tax years 2018 and subsequent all retirement plans are reported on Form 1040, line 4a and/or 4b.

  5. When distributions from Traditional or Roth IRAs, 401(k), 403(b), governmental 457, 501(c)(18)(D), SEP or SIMPLE plans, or qualified retirement plans as defined in section 4974(c) (including Federal Thrift Savings Plan) are determined to be U/R, check for Form 8880, Credit for Qualified Retirement Savings Contributions, and adjust as appropriate. See IRM 4.19.3.15.6, Qualified Retirement Savings Contributions Credit, (QRSC), for more information.

Form 1099-R Information Returns
  1. Form 1099-Rs may display the following literals:

    • "GR/A" - Gross amount

    • "TX/A" - Taxable amount

    • "ECG" - Eligible Capital Gains

      Note:

      Payers must include the capital gain distribution amount in the gross and taxable distribution amount boxes on Form 1099-R.

    • "UNRAP" - Unrealized Appreciation

    • "EMCON" - Employee Contributions from Box 5 of Form 1099-R

      Note:

      "UNRAP" and "EMCON" amounts are system deleted.

  2. A Category of Distribution (COD) code displays in the IND field on the Case Analysis screen and on the Information Return window for 1099R IR(s). The COD contains up to two indicators. For the meaning of each individual indicator, see Exhibit 4.19.3-6, Category of Distribution (COD) Chart - Form 1099-R.

    Note:

    There should be one indicator present in the COD field; however, two indicators may display. Generally two indicators display as an alpha/numeric combination. Consider each indicator individually.

    Example:

    COD "7A" is read as COD 7 (normal distribution) and COD A (qualifies for 10 year tax option on Form 4972). Zero (0) has no meaning and is considered a blank space. The only valid numeric/numeric COD combinations are: 8 and 1, 8 and 2, or 8 and 4. If the 1099R IR contains any other numeric/numeric combination (for example, 14) disregard the second indicator.

  3. Consider the indicators on any attached Form 1099-R, Box 7 the most accurate information available. If attached documents indicate that the displayed COD is incorrect and the COD code is "J" , "L" , "S" , "1" , "5" , or "7" (MUST BE COD 7 WITH A PGR INDICATOR OF 1), modify the IR to show the correct COD code.

  4. Use COD codes to compare 1099R IR amounts with the proper placement on the tax return.

  5. The following hint text displays on all 1099R IRs:

    • TOTAL DIST IND

    • TAX AMT NOT DET

    Note:

    A "1" indicates the applicable box(es) was checked on the IR. A "blank" indicates the applicable box was not checked.

  6. Payers report lump-sum credit distributions to Civil Service annuitants on Form 1099-R. The gross credit amount is included with the total of any periodic payments made. The TP must compute and report the taxable credit amount on:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 16b Form 1040, line 4b
  7. The TP may erroneously treat Form 1099-R income as Social Security/Railroad Retirement Benefits, reporting the amount on:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 20a and 20b Form 1040, line 5a and 5b
    Form 1040A, line 14a and 14b N/A

    See IRM 4.19.3.8.10.5(5), Railroad Retirement Board (RRB) IRs, for more information.

  8. TPs make donations of cash and/or other assets (generally stocks) to nonprofit organizations and receive an annuity from the nonprofit organizations from their donations. These annuities are partly capital gains from the TP's donated assets as well as annuities. Nonprofit organizations report these capital gains and annuities on Form 1099-R; COD "F" in Box 7 indicates charitable gift annuities and may contain ECG amounts. See IRM 4.19.3.8.10.8, Lump-Sum Distributions, for further instructions.

Identifying Retirement Types
  1. The following references are for specific retirement types and MUST be used in conjunction with the general instructions in IRM 4.19.3.8.10.3, Retirement-Analysis, and IRM 4.19.3.8.10.4, Rollovers.

  2. See IRM 4.19.3.8.10.5, Railroad Retirement Board (RRB) IRs, when:

    1. Form 1099-R is attached or the IR indicates the payment is from the Railroad Retirement Board.

    2. Form 1099-R shows Taxable Contributory Amount, Taxable Vested Dual Benefit, and/or Taxable Supplemental Annuity.

  3. See IRM 4.19.3.8.10.6, Pensions and Annuities, when

    1. Form 1099-R is attached and indicates pension/annuity or

    2. The TP attached a written statement which identifies the income as pension or annuity or:

    Tax years 2017 and prior Tax years 2018 and subsequent
    The TP reported the distribution on Form 1040, line 16a and/or 16b, Form 1040A, line 12a and/or 12b. The TP reported the distribution on Form 1040, line 4a and/or 4b.
    The TP indicates "PSO" next to Form 1040, line 16a/b (or Form 1040A, line 12a/b). The TP indicates "PSO" next to Form 1040, line 4a/b.
  4. See IRM 4.19.3.8.10.7, IRA Distributions, when:

    1. Form 1099-R is attached and an IRA/SEP distribution is indicated in Box 7.

    2. Form 1099-R or the IR shows "IRA" in the payer or payee name lines.

    3. The TP attached a written statement identifying the income as an IRA distribution.

    4. PGR Indicator of "1" is displayed.

    5. The GR/A and TX/A amounts are the same and the payer indicates the taxable amount has not been determined.

    6. COD J is present.

      Tax years 2017 and prior Tax years 2018 and subsequent
      The TP reported the distribution on Form 1040, line 15a and/or 15b, Form 1040A, line 11a and/or 11b. The TP reported the distribution on Form 1040, line 4a and/or 4b
      The TP indicates "QCD" next to Form 1040, line 15a/b (or Form 1040A, line 11a/b). The TP indicates "QCD" next to Form 1040, line 4a and/or 4b
      The TP indicates "HFD" next to Form 1040, line 15a/b (or Form 1040A, line 11a/b). The TP indicates "HFD" next to Form 1040, line 4a and/or 4b
  5. See IRM 4.19.3.8.10.8, Lump-Sum Distributions, when:

    1. Form 1099-R or IR shows COD code "A" .

    2. The IR contains ECG amounts.

  6. See IRM 4.19.3.8.10.9, Employee Savings Plans, when:

    1. The payer name contains the terms "savings plan" , "thrift plan" , "incentive plan" , "profit sharing plan" , or

    2. The payer name on the 1099R IR is similar to the employer's name as shown on the WAGE IR or Form W-2.

Retirement - Analysis
  1. These are general instructions and MUST be used in conjunction with the instructions for specific retirement types.

  2. Compare retirement plan IRs with entries on:

    Caution:

    If Form 8606 is attached, see IRM 4.19.3.8.10.7(6) - (11), IRA Distributions, before determining the U/R amount.

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 7, 15a, 15b, 16a, 16b, or 21 Form 1040, line 1, 4a, or 4b
    Form 1040A, line 7, 11a, 11b, 12a, or 12b. Form 1040, Schedule 1, line 21
    Form 1040EZ, line 1. N/A
    1. Form 4972 (if the TP was a teacher, see IRM 4.19.3.8.10.8(11) c, Lump-Sum Distributions

    2. Schedule D, see (3) below.

    3. Attachments to Form 1040.

    4. Schedule B - If reported here, also analyze INT or DIV, as applicable.

    Note:

    If there is an indication the distribution is a life insurance policy surrendered for cash, see IRM 4.19.3.22.3.6, Retirement Distributions - Form 1099-R.

  3. For IRM 4.19.3.8.10.3 through IRM 4.19.3.8.10.9 when reference is made to gross pensions and annuities line or taxable pensions and annuities line, use the table below to determine the correct line numbers.

    Tax years Gross pensions and annuities Taxable pensions and annuities
    2017 and prior Form 1040, line 15a or 16a, or Form 1040 , line 11a or 12a Form 1040, line 15b or 16b, or Form 1040 A , line 11b or 12b
    2018 and subsequent Form 1040, line 4 a Form 1040, line 4b
  4. If the TP included ordinary retirement income as Capital Gains on Schedule D, compare the amount reported, if identified as the same payer, with the IR and take the following action:

    1. If the amount reported, column (h), is equal or greater than the IR amount, consider the income reported.

    2. If the amount reported, column (h), is less than the IR amount, consider the difference U/R.

      Exception:

      If after removing retirement income from Schedule D, the Schedule D remains a loss, consider retirement income fully U/R.

  5. If the TP included ordinary retirement income as Capital Gains on Schedule D and claimed a loss, consider the retirement income fully U/R and consider the loss as overclaimed up to $3,000 ($1,500 if MFS).

    1. Only recapture the losses related to the retirement income.

    2. If reported on Schedule D, Part II, subtract the retirement income from the LONG TERM GAIN/(LOSS) field in the Sch D/8814/ECR Tax window, if necessary and send PARAGRAPH 134. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

    Note:

    If there is U/R retirement reported on Schedule D and the TP reports a capital loss on Form 1040, line 13 (tax years 2017 and prior) or Form 1040, Schedule 1, line 13 (tax years 2018 and subsequent), enter a zero (0) in both fields on the COMPUTE SCHEDULE D LOSS window. It may be necessary to blank out both fields first. This will prevent the system from using losses in excess of $3,000 ($1,500 if MFS) to offset U/R Schedule D income.

  6. Accurate analysis of retirement plan IRs depends on whether the payer of reported Form 1099-R income is identifiable. The payer is identified if the TP has:

    • Attached Form 1099-R

    • Written a statement

    • Annotated the return

    • Claimed the W/H on a 1099R IR

    • Reported an amount within $1

  7. Do not pursue 1099R IRs with COD codes of:

    Note:

    The system will delete (mark with "X" ) all elements of the 1099R IR

    • 6

    • G

      Exception:

      IRs with a gross amount only will be system deleted (marked with "X" ). See (7) below, if the IR contains a taxable amount.

    • H

    • N

    • P

    • Q

    • R

    • T

    • W

  8. If the COD "G" IR contains a taxable amount, pursue the taxable amount if it is not reported on the taxable line of the return.

  9. When a 5498 ROLVR IR matches the amount on a deleted 1099R IR ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , do not use that ROLVR amount for any other IR. See IRM 4.19.3.8.10.4(4), Rollovers.

  10. If the Form 1099-R is from Railroad Retirement, and has a COD "N" , pursue the IR if not reported.

  11. Delete 1099R IRs with COD code of "F" .

  12. The Office of Personnel Management (OPM) is the payer of a Civil Service Annuity.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ , unless the taxable pensions and annuities line of the return is zero or blank.

    2. If the taxable pensions and annuities line of the return is blank or zero, pursue the GR/A.

      Note:

      If the case is an ELF, the zero literal may not appear.

  13. If there is an indication the Form 1099-R income is a military retirement distribution, see IRM 4.19.3.8.10.6.1, Military Pensions.

  14. If there is an indication that a pension from a 1099R IR is a disability pension, input an Income Identify Code of "PE" or "SE" , as applicable. Disability pensions (COD "3" ) are considered earned income.

    Exception:

    For tax years ending after September 10, 2001, disability payments for injuries incurred as a result of a terrorist attack directed against the United States or its allies are not taxable and should not be included in income. See IRM 4.19.3.22.1.27(2), Victims of Terrorist Attacks, for acceptable indications.

  15. If there is an indication that the distribution is a Qualified Charitable Distribution (QCD), see IRM 4.19.3.8.10.7(4), IRA Distributions.

  16. When both "GR/A" and "TX/A" amounts are present on the same 1099R IR, the system automatically assigns status code "X" to the "GR/A" amount. Change the status code if necessary.

  17. If the COD on the IR or Form 1099-R attached is other than one listed in (6) above and displays only the "GR/A" literal, pursue the GROSS distribution amount when the TP does not include the distribution on the return.

    Exception:

    If COD J is present, see IRM 4.19.3.8.10.7(11), IRA Distributions.

  18. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ if the TP discloses an amount, including zero (0) or reports a lesser amount as calculated on Form 8606, Nondeductible IRAs, or similar worksheet.

    Note:

    If the TP reports an amount less than "GR/A" amount and the distribution code indicates the 10 percent premature distribution tax should be assessed, modify the IR to calculate the correct amount of the additional tax. See IRM 4.19.3.16.3(8), 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for additional information.

    1. If COD J is present, see IRM 4.19.3.8.10.7(10), IRA Distributions.

    2. If the payer is OPM, see IRM 4.19.3.8.10.3(12), Retirement - Analysis.

    3. If payer is Railroad Retirement Board, see IRM 4.19.3.8.10.5(4), Railroad Retirement Board (RRB) IRs.

  19. If the IR or Form 1099-R attached displays only the "TX/A" literal, pursue the TAXABLE distribution amount ONLY.

  20. If a "TX/A" amount is present and the payer indicates the "taxable amount has not been determined" , accept what the TP reports if the TP reports a lesser taxable amount, as calculated on an attached Form 8606 or similar worksheet.

    Note:

    If the IR contains both taxable amount not determined and total distribution or the TP writes "rollover" or provides another statement that the distribution was rolled over, see IRM 4.19.3.8.10.4, Rollovers.

  21. If there are multiple 1099R IRs from the same payer, compare the total gross IR amount to the total amount reported by the TP. If the gross amount is not present, use the taxable amount.

  22. Compare the IR amount(s) to the return amount:

    • Form 1040, lines 15a, 15b, 16a, 16b; Form 1040A, lines 11a, 11b, 12a, or 12b (tax years 2017 and prior) or

    • Form 1040, lines 4a and 4b (tax years 2018 and subsequent)

    If the return amount is Then
    Equal or greater than the IR amount(s) Consider the income reported unless identified as a different payer.
    Less than the IR amount(s)

    Note:

    If the TP indicates that the simplified method or general rule was used, consider the IR(s) reported.

    Consider the difference U/R if the reported income is identified as the same payer.
    Less than the IR amount(s) AND the reported income is unidentified or identified as a different payer

    Note:

    See IRM 4.19.3.8.10.2, Identifying Retirement Types, for additional information regarding identification of retirement plan IRs.

    Consider the income fully U/R.
  23. Consider 1099R IRs reported when the return indicates that the U/R amount is due to employee contributions AND:

    1. Form 1099-R or similar documentation is attached, and the Box 5 amount matches the U/R amount within $1 or

    2. The 1099R IR contains INCOME TYPE "EMCON" and the amount matches the U/R amount within $1.

2017 Qualified Disaster Retirement Plan Distributions and Repayments, Form 8915A and 8915B
  1. The Disaster Tax Relief and Airport and Airway Extension Act of 2017, Tax Cuts and Jobs Act and Bipartisan Budget Act of 2018 provide disaster relief to TPs in 2016 Disaster Areas, California Wildfire Disaster Areas and TPs impacted by Hurricanes Harvey, Irma and Maria. The legislative provisions include:

    • Exemption from the 10 percent tax (or 25 percent tax for distributions from SIMPLE IRAs) for certain premature retirement distributions to TPs in disaster areas who have sustained an economic loss

    • Allowing TPs to include the distribution in income, averaged over a three-year period

    • Allowing TPs to re-contribute distributions, which were withdrawn for home purchases or construction for a home in the disaster area, when the home was not purchased or constructed because of the disaster (does not apply to 2016 disasters),

    • Allowing TPs to re-contribute disaster distributions within 3 years of the distribution, and

    • Increasing the amount of loans from tax-exempt retirement plans available to TPs residing in disaster areas.

    Note:

    Qualified Disaster Distributions are limited to $100,000.

  2. TPs must file Form 8915A, Qualified 2016 Disaster Retirement Plan Distributions and Repayments, when they:

    • Received a qualified 2016 disaster distribution from an eligible retirement plan in 2017.

    • Received a qualified 2016 disaster distribution in 2016 that they are including in income in equal amounts over 3 years.

    • Repaid a qualified 2016 disaster distribution in 2017.

  3. TPs must file Form 8915B, Qualified 2017 Disaster Retirement Plan Distributions and Repayments, when they:

    • Received a qualified 2017 disaster distribution from an eligible retirement plan.

    • Received a qualified distribution for the purchase or construction of a main home in 2017 disaster areas that was repaid, in whole or in part, before March 1, 2018, in the case of Hurricane Harvey, Irma, or Maria, or before July 1, 2018, in the case of the California wildfires.

  4. TPs include amounts from Form 8915A, lines 19 and 34, along with any distributions not qualified to be included on Form 8915A, on page 2 of the tax return, and amounts from Form 8915B, lines 11, 19 and 25, along with any distributions not qualified to be included on Form 8915B, on page 2 of the tax return.

  5. Compare amounts reported on the return with the applicable lines of Form 8915A/Form 8915B:

    1. If the difference between Form 8915A/Form 8915B and the amounts reported on the return match the Form 1099R IR(s), consider the IR(s) reported.

    2. If you cannot determine whether the Form 1099R IR is reported on page 2 of the return, see IRM 4.19.3.8.10.3, Retirement – Analysis, for additional information.

  6. Qualified retirement distributions are not subject to the 10 percent or 25 percent tax; see IRM 4.19.3.16.3, 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs.

    Note:

    Distributions in excess of the $100,000 qualified disaster distribution limit may be subject to the additional tax on early distributions.

Rollovers
  1. The Payee/Payer name line on a 1099R IR may contain the word "rollover" with the date the TP transferred funds into the new plan. Consider the 1099R IR valid and pursue any U/R income.

  2. Inherited distributions (usually COD "4" ) may be rolled over by a non-spouse beneficiary, in a direct trustee to trustee transfer to an account that was set up to receive the distribution.

  3. Qualified plan loan offset distributions (COD ”M”) are excepted from the 60-day rollover period. The rollover timeframe is extended until the due date, including extensions, for filing the federal income tax return for the taxable year in which the offset occurred. Do not pursue the loan offset distribution amount when Form 5498 or similar documentation indicating the rollover was made by the due date, including extensions, of the return is present.

    Note:

    Only the qualified loan offset distribution amount qualifies for the excepted 60-day rollover timeframe. The remaining distribution, if any, is not excepted from the 60-day rollover timeframe.

  4. A 1099R IR with COD "3" , "5" , "8" , "E" "L" or "U" cannot be rolled over. If a 5498 IR with either ROLV or FMV is present that matches the 1099R IR ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ with COD "3" , "5" , "8" , "E" , "L" or "U" , consider the IR reported (payer used the incorrect code) and allow the rollover. When pursuing the issue, PARAGRAPH 34 generates for COD "L" .

  5. Payers may erroneously report rollover contributions in Box 5 (FMV) of Form 5498 instead of Box 2 (ROLVR).

    Note:

    The instructions in the table below do not apply when the IR containing the FMV amount also contains an RCONV amount.

    If Then
    A Form 5498 IR is present with the literal ROLVR ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Consider the income to be rolled over.
    A Form 5498 IR is present with the literal FMV ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ AND FMV is the only element on the IR, Consider the income to be rolled over.
    A Form 5498 IR is present with the literal FMV ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ AND the IR contains other elements, Consider the 1099-R distribution U/R.
    No Form 5498 IR is present with the literals ROLVR or FMV ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Consider the 1099-R distribution U/R.
    A Form 5498 IR is present with the literal RCONV ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ See IRM 4.19.3.8.10.7(3), IRA Distributions.

    Note:

    It is not necessary to verify Form(s) 5498 attached to the return. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. When a distribution contains a TX/A amount and W/H, the TP receives a net amount (GR/A minus W/H). In order for a distribution to be considered fully rolled over (tax free), the TP MUST rollover the entire TX/A amount by supplementing the amount withheld with additional monies from another source. Adjust the W/H, if necessary. See IRM 4.19.3.17.1, Withholding - General, for further instructions.

    If And Then
    The net amount (GR/A minus W/H) is greater than or equal to the TX/A amount on the IR There is an indication of a rollover (per (5) above) Consider the issue resolved
    The GR/A and the TX/A amount on the IR are the same The GR/A is reported on the gross pension line of the return (see IRM 4.19.3.8.10, (5) and the difference between the IR and the Form 5498 equals the W/H amount and there is no indication that the TP supplemented the rollover amount to account for the W/H and the amount reported on the taxable pension and annuities line of the return (see IRM 4.19.3.8.10, (5) does not match the W/H on the IR Consider the difference between the W/H on the IR and the TX/A amount reported as U/R. Send PARAGRAPH 49, (see Exhibit 4.19.3-7 , CP PARAGRAPHS) when pursuing the W/H as U/R TX/A from the same IR.
    The GR/A and the TX/A amount on the IR are the same The GR/A is reported gross pension and annuities line of the return and the difference between the IR and the 5498 does not equal the W/H amount Consider IR fully U/R.
    The GR/A and the TX/A amount on the IR are different The GR/A is reported gross pension and annuities line of the return and the amount on taxable pension and annuities line of the return does not equal the 5498 ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Consider IR fully U/R.
    1. For the conditions listed in the table above, adjust the W/H, as necessary. See IRM 4.19.3.17.1, Withholding - General, for further instructions.

    2. It may be necessary to modify partially rolled over IRs. See IRM 4.19.3.16.3(12) c, 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for additional instruction.

  7. TPs may partially rollover retirement plans reported on Form 1099-R. Consider a distribution to be partially rolled over when all the following apply:

    1. the TP enters the "GR/A" amount on the gross return lines,

    2. a lesser amount on the corresponding taxable line,

    3. a 5498 IR is present with the literal "ROLVR" or "FMV" in the INCOME TYPE field AND

    4. has an amount that ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    It may be necessary to modify partially rolled over IRs. See IRM 4.19.3.16.3(11) c, 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for additional instruction.

  8. If a 5498 IR with either "ROLVR" or "FMV" is not present to substantiate the rollover (see (6) above), consider the Form 1099-R distribution partially U/R when the TP enters the GR/A amount on the gross return lines, reports a lesser amount on the corresponding taxable return lines.

Railroad Retirement Board (RRB) IRs
  1. Pensions and annuities are reported from the RRB on Form RRB-1099-R.

  2. The RRB files a separate Form RRB-1099-R for each of the following amounts and each of these amounts displays as separate IRs for each TP:

    • Employee Contributions (Box 3)

    • Contributory Amount Paid (Box 4)

    • Vested Dual Benefit (Box 5)

    • Supplemental Annuity (Box 6)

    • Total Gross Paid (Box 7)

    • Prior Year Repayments (Box 8)

  3. The following list contains the symbols and definitions for CODs, positions 1 and 2, for RRB-1099-R documents:

    • "V" - RRB-Vested Dual Benefit - Box 5 - Windfall, fully taxable

    • "X" - RRB-Tier 1

    • "Z" - RRB-Supplemental - Box 6 - Gross amount of supplemental benefits paid

    • "Y" - RRB-Tier 2

  4. Railroad Retirement Board pension income is reported as GR/A on a separate Form RRB-1099-R IR showing COD "X" , "V" , "Z" or "Y" . Group these RRB-1099-R IRs together to determine the total taxable amount. Unless the TP indicates that the simplified method or general rule was used, the GR/A is considered fully taxable. Compare the total to the amount reported on

    Tax years If amount reported on Then
    2017 and prior Form 1040, line 16b or Form 1040A, line 12b is less than the IR amount Consider the difference U/R
    2018 and subsequent Form 1040, line 4b is less than the IR amount Consider the difference U/R

    Note:

    If the TP indicates that the simplified method or general rule was used to reduce the "GR/A" amount(s), consider the IR(s) reported.

  5. If the TP erroneously treats the RRB-1099-R income as Social Security/Railroad Retirement Benefits, consider the IR(s) fully underreported. To determine this, compare the RRB-1099-R IR to the following lines: reporting the amount on . In this situation, .

    1. Tax years Form and line numbers
      2017 and prior Form 1040, lines 20a and 20b, or Form 1040A, lines 14a and 14b
      2018 and subsequent Form 1040, lines 5a and 5b

      Note:

      The SSA/RRB window needs to be recalculated, see (6) below.

  6. To calculate the new/correct taxable SS/RR amount take the following actions:

    1. Reduce the gross benefits reported on the return by the RRB-1099-R amount (create an SS/RR IR for zero, if appropriate).

    2. Enter the amount indicated on the taxable line of the return in the TAXABLE BENEFITS field. This results in a recalculation of taxable SS/RR (often resulting in an overall decrease).

    3. Send PARAGRAPH 131, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

Pensions and Annuities
  1. A pension is generally a series of payments made after retirement for past services with an employer. An annuity is a series of payments under a contract purchased by the TP alone or with the help of an employer. Annuity payments are made regularly for more than one full year.

  2. Total distributions are indicated on either the IR, Form 1099-R with the appropriate box checked, or an attachment to the return.

  3. If the 1099R IR or an attachment shows the income is for support of a minor child:

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ when the attached Form 1099-R does not provide a breakdown.

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ when the attached Form 1099-R provides a breakdown and the TP reports his/her designated portion.

    3. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ when the attached Form 1099-R provides a breakdown and the TP reports none of the income or less than his/her portion.

  4. If a U/R 1099R IR shows a city, county, or state as the payer and the TP indicated "disabled fireman" or "disabled policeman" on the return ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ if the TP is under age 65.

    Note:

    If the TP attaches a copy of a Private Letter Ruling from the IRS to a pension plan administrator indicating that the payments are non-taxable for life, accept the statement and do not pursue regardless of age.

  5. Generally TPs must include as income amounts received from personal injury or sickness through an accident or health plan that is paid for by the employer. Pursue any 1099R IRs unless the TP provides a statement and/or documentation that the income is excludable. The TP may provide any of the following (this list is not all inclusive):

    1. Statement that the distribution is excludable under IRC 104 (line of duty injury).

    2. The disability pension was never converted to a normal pension based on age or length of service.

    3. A Private Letter Ruling from the IRS to a pension plan administrator that the payments are non-taxable for life.

    4. Statement/Documentation from the payer that the income is nontaxable.

    5. Distribution is payment(s) for disability due to injuries received from a terrorist attack, see IRM 4.19.3.22.1.27, Victims of Terrorist Attacks, or military action, see IRM 4.19.3.8.10.6.1, Military Pensions, for further information.

    6. Eligible retired public safety officers (PSO) can elect to exclude a maximum of $3,000 from distributions made directly from a governmental retirement plan to providers of accidental, health, or long-term care insurance. See (6) below.

  6. An eligible retired public safety officer, such as, law enforcement officer, firefighter, chaplain or member of a rescue squad or ambulance crew, can elect to exclude a maximum of $3,000 from income distributions made from an eligible governmental retirement plan that are used to pay the premiums for accident, health or long-term care insurance. Allow the exclusion:

    If the tax year is And the Taxpayer
    2017 and prior Indicates "PSO" next to line 16b, Form 1040 or line 12b, Form 1040A
    2017 and prior Is retired on disability and is reporting the disability pension on line 7 of Form 1040 or Form 1040A
    2018 and subsequent Indicates "PSO" next to line 4b, Form 1040
    2018 and subsequent Is retired on a disability and is reporting the disability pension on line 1 of Form 1040

    Note:

    If it can be determined that the TP is a retired public safety officer who has taken this exclusion, but the literal "PSO" is missing, allow the exclusion up to a maximum of $3,000

    .

  7. Retired ministers are allowed to reduce taxable pension amounts by their housing allowance. Accept the amount reported by the TP if there is an indication that part of the pension is a housing allowance.

Military Pensions
  1. Military retirement is funded solely by the United States Government and is administrated by the Defense Finance and Accounting Service Center (DFAS).

    1. Form 1099-R distributions from the DFAS are generally fully taxable.

    2. DFAS retiree payments are distributed on a periodic (monthly) basis and therefore cannot be rolled over.

    3. If the TP reports less than the TX/A amount, pursue the difference and send PARAGRAPH 155. See Exhibit 4.19.3-7, CP PARAGRAPHS.

    Exception:

    If the TP reports a lesser amount and provides a statement from the Veteran’s Administration (VA) awarding disability compensation, confirm that the TP took the correct reduction. Pursue any inconsistencies and send a Special Paragraph to the TP.

  2. TPs who receive favorable disability determinations from the Veteran’s Administration (VA) may be able to reduce the TX/A amount by the amount withheld as determined by the VA. The VA notifies the TP of the percentage awarded and provides a breakdown, including:

    • total amount awarded

    • amount withheld

    • monthly entitlement and

    • payment start date(s)

  3. In order to determine the allowable reduction in the Form 1099-R DFAS retirement distribution (based on the VA disability determination), apply the following formula: multiply the "amount withheld" by the number of months from the "payment start date" to the next "payment start date" .

    Note:

    You must add one month to the date listed under the heading of "Payment Start Date" or "Effective Date" because the amount is not actually withheld until the following month.

    Example:

    The year shown in the payment start date "201X" should be the AUR year of the case you are working.

    Total Award Amount Amount Withheld Monthly Entitlement Amount Payment Start Date
    $1,000 $450 $550 March 1, 201X
    $1,000 $0 $1,000 Nov. 1, 201X

    Payment start date of April 1, 201X (March 1, 201X plus one month) to next payment start date of December 1, 201X (November 1, 201X plus one month) is 8 months x $450 (amount withheld) = $3,600. The TP would be allowed to reduce the Form 1099-R TX/A amount by $3,600.

    Occasionally, the amount withheld and monthly award changes over a period of months. When a retroactive award crosses over from a previous year, only consider the AUR tax year in the calculation.

    Example:

    The year shown in the payment start date "201X" should be the AUR year of the case you are working, unless otherwise indicated.

    Total Award Amount Amount Withheld Monthly Entitlement Amount Payment Start Date
    $800 $250 $550 Sept. 1, 201X (prior year)
    $840 $260 $580 Apr. 1, 201X
    $840 $0 $840 Oct. 1, 201X

    Since the first payment start date is in a prior year, use January 1, 201X as the first payment start date. Payment start date of February 1, 201X (January 1, 201X plus one month) to next payment start date of May 1, 201X (April 1, 201X plus one month) is 4 months x $250 (amount withheld) = $1,000. From the June 1, 201X (May 1, 201X plus one month) payment start date to the next payment start date of November 1, 201X (October 1, 201X plus one month) is 6 months x $260 = $1,560. The TP would be allowed to reduce the Form 1099-R TX/A amount by $2,560 ($1,000 + $1,560).

  4. If "St. Clair vs U.S." , "St. Clair Claim" , or a similar statement is noted at the top of the return, and a Form 1099-R distribution(s) from a military payer (DFAS, Navy – Active Duty, etc.) appears to be U/R, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    If the U/R is related to this or identified Payer/Agents and the Payer Agent window contains instructions to accept or delete the IR, close the case with PC 24. If other U/R issues remain, continue normal processing.

IRA Distributions
  1. Traditional Individual Retirement Arrangements (IRA), Simplified Employee Pensions (SEP), Roth IRAs, and SIMPLE IRAs are tax-favored means of saving for retirement.

  2. The following literals may display:

    1. RCONV (Roth Conversions)

    2. RCONT (Roth IRA contribution). If this amount matches the IRA deduction on the return, pursue the issue since Roth IRA contributions are not deductible. PARAGRAPH 30 automatically generates when the UR IRA deduction amount is equal to the RCONT, RCONV or ESA element amount.

  3. If a Form 5498 IR is present with literal RCONV ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  4. Certain TPs can make a nontaxable qualified charitable distribution (QCD) from their IRA (traditional or ROTH). TPs indicate that a distribution is a Qualified Charitable Distribution by entering "QCD" next to

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 15a/b Form 1040, line 4a/b
    Form 1040A, line 11a/b N/A

    Consider the 1099R IR(s) resolved when "QCD" is shown next to the lines in the table above AND :

    1. The TP’s age, as shown on the AUR system, is at least 71.

      Note:

      If the AUR system displays an age younger than 71, research IDRS CC INOLES to verify the TP’s age. If the IDRS research shows that the TP did not meet the minimum age of 70 1/2, the distribution is taxable. Pursue any underreported amounts (based on the TX/A element) and include a Special Paragraph using the following verbiage as an example: "Our records indicate that you did not meet the minimum age requirement to qualify for a nontaxable charitable IRA distribution. If our records are in error, please provide documentation showing both your date of birth and the date the distribution was made by the trustee of your IRA. "

    2. The excluded amount of QCD does not exceed $100,000. On a jointly filed return (MFJ), each spouse is allowed to exclude up to a $100,000 of QCD if the minimum age requirement is met. Pursue any apparent underreporting of taxable distribution in excess of $100,000 (per spouse) and include a Special Paragraph explaining that nontaxable qualified charitable distributions are limited to $100,000 per spouse.

  5. TPs, who are eligible, can elect to exclude a non-taxable health savings account funding distribution (HFD) amount once in their lifetime. The exclusion cannot exceed the full amount of the distribution(s) or the limit on the HSA contribution. TPs indicate that a distribution was transferred to their health savings account funding distribution by entering "HFD" next to the pensions and annuities line of the return (see IRM 4.19.3.8.10 (5).

    1. If the TP has reported the full amount of the distribution(s) on Form 8889, Health Savings Accounts, Part I, line 10, consider the 1099R IR(s) resolved.

    2. If the TP has reported the full amount of the distribution(s) on Form 8889, Part III, line 20, this is taxable. TPs are instructed to report the taxable portion on Form 1040, line 21 (tax year 2017 and prior) or Form 1040, Schedule 1, line 21 (tax year 2018 and subsequent) and indicate "HSA" .

      Note:

      The 10 percent premature distribution tax may apply. See IRM 4.19.3.16.4 , 20 Percent Tax on Archer Medical Savings Account (AMSA) and Health Savings Account (HSA) Distributions, for further information.

      Reminder:

      Send reported 1099R IR elements when the 10 percent tax is adjusted.

    3. If the TP indicates the distribution is an HFD and did not complete a Form 8889 consider the distribution fully taxable. Send a Special Paragraph using the following verbiage as an example: "We need more information to determine the taxable amount of your health savings account funding distribution shown on this notice. Please complete and return Form 8889, Health Savings Accounts" .

  6. Form 8606 is used to figure the taxable portion of:

    1. Distributions from Traditional (including inherited), SEP and SIMPLE IRAs (Part I).

    2. Conversions from Traditional, SEP and SIMPLE IRAs to Roth IRAs (Part II).

    3. Distributions from Roth IRAs (Part III).

  7. If an attachment to the return indicates the IRA distribution a 2017 and prior ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Note:

    A conversion of a traditional IRA to a ROTH IRA, and a rollover from any other eligible retirement plan to a ROTH IRA made after December 31, 2017, cannot be recharacterized as having been made to a traditional IRA.

  8. Form 8606, Part I, is used to figure the taxable portion of nondeductible contributions to Traditional IRAs as well as figure the taxable portion of distributions from Traditional, SEP and SIMPLE IRAs, that have received nondeductible contributions. The total amount is reported on

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 15a Form 1040, line 4a
    Form 1040A, line 11a N/A

    The taxable amount from Form 8606, line 15 (for TY 2016) or line 15c (for TY 2017 and 2018) is reported on

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 15b Form 1040, line 4b
    Form 1040A, line 11b N/A

    If the total of the Traditional, SEP or SIMPLE IRA distribution IR(s) matches the Form 8606, line 7 amount, subtract the Form 8606, line 12 amount from the Form 8606, line 7 amount.

    Caution:

    If, for the TP listed on Form 8606, there are any 5498 IRs that reflect a FMV, those amounts may need to be included on Form 8606, line 6, see (9) below.

    For tax years If the result Then
    2017 and prior Matches the Form 1040, line 15b or the Form 1040A, line 11b amount ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    2017 and prior Does not match the Form 1040, line 15b or the Form 1040A, line 11b amount, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    2018 and subsequent Matches the Form 1040, line 4b ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    2018 and subsequent Does not match the Form 1040, line 4b ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
  9. If the FMV amounts are not included on Form 8606, line 6,

    Note:

    If there is an indication that the 5498 IR is from a Roth account (for example, contains the literals RCONV or RCONT) the FMV should not be included on Form 8606, line 6.

    1. Do not accept the Form 8606, consider the IR(s) partially or fully U/R.

    2. Include a Special Paragraph with the following verbiage as an example: "The Fair Market Value (FMV) of all your Traditional, SEP and SIMPLE IRAs must be included on Form 8606, line 6. Your IRA trustees have reported FMV amounts on Form 5498, box 5, which were not included on this line. Please send us a revised Form 8606 if applicable. Refer to Publication 590-B, Distributions from Individual Retirement Arrangements (IRAs). Publication 590-B is available at www.irs.gov or by calling 800-829-3676."

    3. Send 5498 IRs that contain the FMV element for the TP listed on Form 8606.

    Note:

    Do not include 5498 IRs when it can be clearly determined that the IR is for a ROTH account.

  10. Form 8606, Part II, is used to figure the taxable portion of conversions from Traditional, SEP, or SIMPLE IRAs to Roth IRAs. The total amount is reported on:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 15a Form 1040, line 4a
    Form 1040A, line 11a N/A

    The taxable amount from Form 8606, line 18 is included on:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 15b Form 1040, line 4b
    Form 1040A, line 11 N/A
    1. Consider the 1099R IR reported when the TP reports the total amount of the distribution on Form 8606, line 8 or 16 and the taxable amount from Form 8606, line 18, Part II on the taxable pensions and annuities line of the return.

      Note:

      If line 18 is zero or blank, only consider the IR reported if the amount on line 17 is equal to the IR amount.

    2. The 10 percent premature distribution tax may also apply. see IRM 4.19.3.16.3 , 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for further information.

    3. A 1099R IR with COD "N" or COD "R" represent recharacterizations. These are corrections of amounts converted from Traditional, SEP or SIMPLE IRAs to Roth IRAs. Delete any 1099R IRs containing COD "N" or COD "R" .

      Note:

      A conversion of a traditional IRA to a ROTH IRA, and a rollover from any other eligible retirement plan to a ROTH IRA made after December 31, 2017, cannot be recharacterized as having been made to a traditional IRA.

  11. Form 8606, Part III, is used to figure the taxable portion of non-qualified distributions (COD "J" ) from Roth IRAs. The total amount is reported on

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 15a Form 1040, line 4a
    Form 1040A, line 11a N/A

    The taxable amount from Form 8606, line 25 (for TY 2016) or line 25 c (for TY 2017 and subsequent) is included on

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 15b Form 1040, line 4b
    Form 1040A, line 11 N/A
    1. Consider the 1099R IR reported when the TP completes Form 8606, Part III and reports the amount from Form 8606, line 25 on Form 1040, line 15b or Form 1040A, line 11b (TY 2017 and prior) or Form 1040, line 4b (TY 2018 and subsequent) (whether or not a matching Form 5498 RCONT is present) OR

    2. Consider the Roth distribution on a 1099R IR to be a return of regular contributions from a Roth IRA when the amount of the distribution matches the Form 5498 RCONT amount or a statement is attached identifying the amount as a return of regular contribution.

    3. If the TP does not complete Form 8606, Part III, and/or there is no corresponding 5498 RCONT IR, consider the Form 1099-R distribution amount fully taxable. PARAGRAPH 83 automatically generates.

      Note:

      If there is no indication that the distribution is a qualified Roth IRA distribution (Form 1099-R COD "Q" or "T" ) or a return of regular contributions from a Roth IRA, pursue the U/R taxable amount.

    4. The 10 percent premature distribution tax penalty may also apply. See IRM 4.19.3.16.3 , 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for further information.

  12. If the TP reports a lesser taxable amount and Form 8606 is not completed, pursue the difference. Send PARAGRAPH 83 unless the IR contains a COD "J" . An IR with COD "J" automatically generates PARAGRAPH 83, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  13. A return of regular contributions from a Roth IRA or qualified distributions from a Roth IRA are considered non-taxable. To be considered a qualified Roth IRA distribution, the Roth IRA must have been maintained for a minimum of 5 years and meet one of the following conditions:

    Caution:

    Roth IRA distributions made within the 5-taxable-year period are not a qualified distribution. Payers may identify Roth distributions within the first 5 years with COD "J" .

    1. Was made on or after the date the TP reaches age 59 1/2,

    2. Was made because the TP was disabled,

    3. Was made to a beneficiary or to the TP's estate after his/her death, or

    4. The distribution (up to $10,000) was used for a qualified first-time home purchase.

    Note:

    Qualified distributions from a Roth IRA may be identified by COD "Q" or "T" . Do not pursue 1099R IRs with COD "Q" or "T" . See IRM 4.19.3.8.10.3(6), Retirement - Analysis, for further instructions.

  14. Distributions from a SIMPLE (Savings Incentive Match Plan for Employees) plan are fully taxable as ordinary income. Premature distributions from a SIMPLE plan may be subject to the additional tax on early distributions. Distributions made within the first 2 years are subject to a 25 percent tax on early distributions and are identified by a COD "S" . See IRM 4.19.3.16.3 , 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for further information.

    1. During the 2-year period, to qualify for a tax-free rollover/transfer, amounts in a SIMPLE IRA must be rolled over/transferred into another SIMPLE IRA.

    2. After the 2-year period, amounts in a SIMPLE IRA can be rolled over/transferred tax-free to either another SIMPLE IRA plan or any qualified IRA/deferred compensation plan.

  15. IRA distributions do not qualify for special tax treatment on Form 4972, Tax on Lump Sum Distributions. See IRM 4.19.3.8.10.8(11) and (12), Lump-Sum Distributions. Send PARAGRAPH 152, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  16. COD 5 is used for prohibited transactions such as borrowing from an IRA or using an IRA as security on a loan. If either of these transactions occur, treat the entire value of the account as a distribution to the TP. These distributions are subject to the 10 percent tax on early distributions from qualified plans and cannot be rolled over. See IRM 4.19.3.16.3 , 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs.

Lump-Sum Distributions
  1. A lump sum distribution is the distribution or payment in one tax year of a plan participant's entire balance from all of the employer's qualified plans of one kind (for example, pension, profit-sharing, stock ownership plan (ESOP), qualified annuity plan, stock bonus plans).

  2. A lump sum distribution may qualify for special tax treatment on Form 4972. The system assigns Income Identify Code of "LS" when the COD is "A" . When the TP reports his/her lump sum distributions on Form 4972, determine if he/she reported the total amount.

    Note:

    AUR does not math verify or screen Form 4972 qualification errors.

  3. If the TP reports the total amount of the lump sum distribution on Form 4972, consider the income reported.

  4. If Form 4972 was used to report the lump sum income AND there are U/R issues other than Lump Sum:

    1. Select the Lump Sum window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Lump Sum Tax.

    2. Enter the amount from Form 4972, line 30, in the 4972 TAX field, as applicable.

    3. Verify the amount in the FORM 1040 ADDITIONAL TAX field on the Other Taxes window when it displays on the Return Value screen.

  5. If there is only one 1099R IR present, and it is only partially reported (for example, the TP claimed W/H from a 1099R IR):

    1. Select the Lump Sum Tax window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Lump Sum Tax.

    2. Enter the entire TX/A amount in the ORDINARY INCOME field(s) for the primary and/or secondary TP, as applicable. (Use GR/A amount if the TX/A is not present.)

  6. If an ECG amount is shown on the 1099R IR, the TP may elect not to receive capital gains treatment. The TP should then report the taxable amount of the distribution.

  7. Consider the IR (with ECG amounts) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ if any one of the following situations apply:

    • The gross or taxable amounts are on Form 4972, Part III, line 10 AND the TP includes the lump sum tax on Form 1040 OR

    • An amount on the return matches the gross or taxable amount from the 1099R IR within $1 OR

    The tax year is And
    2017 and prior The gross amount is on Form 1040, line 16a (Form 1040A, line 12a). The taxable amount is on Form 1040 line 16b Form 1040A line 12b).

    Note:

    TPs often incorrectly report Lump Sum Distributions on Form 1040 lines 15a or 15b, or Form 1040A, lines 11a or 11b. Before considering Lump Sum Distribution IRs underreported, review entries on these lines.

    2017 and prior The TX/A amount less the ECG amount is on Form 1040, line 16b, and the ECG amount is reported on:
    • Schedule D - Part II, column (h), lines 8a, 8b, 9, 10 or 13

    • Form 8949 - Part II, line 1, column (h),

    2018 and subsequent The gross amount is on Form 1040, line 4a The taxable amount is on Form 1040 line 4b .
    2018 and subsequent The TX/A amount less the ECG amount is on Form 1040, line 4b, and the ECG amount is reported on:
    • Schedule D - Part II, column (h), lines 8a, 8b, 9, 10 or 13

    • Form 8949 - Part II, line 1, column (h),

  8. The TP may elect to receive capital gains treatment and report the ordinary income and capital gains separately on Form 4972. The entire distribution must be included on the Form 4972, and cannot be allocated between different forms.

    Example:

    The TP cannot report ordinary income from the distribution on Form 4972, line 10, and the ECG income from that particular IR on Schedule D/Form 8949.

  9. Capital gains from a lump sum distribution should not be reported on Schedule D if the TP has elected to report the lump sum income on Form 4972. If the TP has erroneously included a Lump Sum CG on Schedule D, exclude the CG from the Schedule D and include the CG amount on Form 4972. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Lump Sum Tax.

    Note:

    Make appropriate changes to the COMPUTE SCHEDULE D LOSS window and the Sch D/8814/ECR Tax window on Return Value when necessary.

  10. The TP may elect to treat the entire distribution (ECG and Ordinary Income) as ordinary income on Form 4972. The amount from Box 2a (Taxable Amount) minus the amount from Box 3 of Form 1099-R should be reported on Form 4972, Part III, line 8. If the TP did not complete Part II of the Form 4972, enter the Taxable Amount from Box 2a of Form 1099-R.

  11. Lump sum distributions do not qualify for the special tax treatment onForm 4972 when:

    1. There is an indication of a partial rollover of a lump sum.

    2. The distribution is an IRA distribution.

    3. The distribution is from a tax-sheltered annuity plan (a 403(b) plan, such as, Teachers Retirement).

    4. The distribution is a Civil Service annuity.

  12. If any of the conditions in (11) above apply and the income matches either the gross or taxable amount on a 1099R IR, consider the taxable amount U/R.

    1. Select the Lump Sum Tax window.

    2. If the entire amount shown on Form 4972 is considered U/R, input a zero (0) in the PRIMARY/SECONDARY LUMP SUM TAX field, as applicable.

    3. If there is income other than the U/R amount that qualifies for special tax treatment on Form 4972, enter the qualifying amount ONLY in the ORDINARY INCOME field(s) for the primary and/or secondary TPs, as applicable, and leave the PRIMARY/SECONDARY LUMP SUM TAX field blank.

    4. Send PARAGRAPH 63, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    5. When the Total Other Tax window displays in Return Value, input/verify the ADDITIONAL TAX PER RETURN field.

  13. Lump sum distributions do not qualify for the special tax treatment on Form 4972 when a portion of the lump sum distribution is from U.S. Retirement Bonds. Disallow the special tax treatment for the bond portion ONLY.

    1. Select the Lump Sum Tax window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Lump Sum Tax.

    2. Enter the qualifying amount of the lump sum distribution in the ORDINARY INCOME or CAPITAL GAIN field for the primary or secondary TP, as applicable.

  14. Consider Lump sum distributions reported ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  15. Enter Income Identify Code "LS" if applicable.

Employee Savings Plans
  1. Distributions from employee savings plans are reported on Form 1099-R.

  2. Consider employee savings plan IRs reported if:

    1. There is an unidentified income amount on Form 1040 or any of its schedules that matches the IR within $1.

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. The TP reports the gross amount on Form 1040, line 16a or Form 1040A, line 12a (TY 2017 and prior) or Form 1040, line 4a (TY 2018 and subsequent) and has reported ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ on Form 1040, line 16b or Form 1040A, line 12b (TY 2017 and prior) or Form 1040 , line 4b (TY 2018 and subsequent) .

    4. The TP identifies the taxable portion on Form 1040, line 21 (TY 2017 and prior) or Form 1040, Schedule 1, line 21 (TY 2018 and subsequent), or on an attachment.

    5. The TP reports a taxable amount identified as being from a savings plan (must be the same payer as the IR), ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  3. If a TP is younger than 55, the 10 percent tax on early distributions from qualified plans is assessed by the system if the COD is "L" , "1" , "5" , or "7" . (COD 7 MUST HAVE PGR IND 1).

    1. If the TP is between 55 and 59 years old and the distribution is paid by an employee savings plan, change the COD indicator to blank so the system does not assert the 10 percent tax. If the TP reported the 10 percent tax on his/her employee savings plan, do not modify the employee savings plan IR. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. See IRM 4.19.3.16.3 , 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for further information regarding the 10 percent premature distribution tax.

    3. Mark the 1099R IR element(s) with Send Indicator "S" when adjusting the 10 percent tax.

Retirement Miscellaneous
  1. 1099R IRs may be subject to an additional 10 percent or 25 percent tax. See IRM 4.19.3.16.3 , 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs, for further information.

  2. If it appears the TP has completed Form 5329, but failed to include the taxable distribution on page 1 of the Form 1040 or Form 1040A, send PARAGRAPH 51. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  3. 1099R IRs may reflect W/H. Follow instructions in IRM 4.19.3.17.1 , Withholding - General.

  4. PARAGRAPH 34 automatically generates when the U/R retirement distribution has COD "L" .

  5. PARAGRAPH 11 automatically generates to inform the TP whenever the proposed tax increase shown on the CP 2000 includes the additional 10 percent tax on early distributions from qualified plans. See IRM 4.19.3.16.3 , 10 Percent Tax on Early Distributions from Qualified Retirement Plans/25 Percent Tax on Early Distributions from SIMPLE IRAs.

  6. PARAGRAPH 96 automatically generates when retirement income is U/R regardless of Income Identify Code.

  7. When 1099R IRs are U/R, enter the return amount in the RETURN field on the Summary screen.

Rents and Royalties (R/R) - General

  1. Rent and royalty income is compensation for the use of property or rights by someone other than the owner.

  2. Rents and royalties are reported on Form 1099-MISC or PTK-1 and SBK-1.

  3. Rents and royalties are identified on the Case Analysis screen by the literal "99MIS" or "PTK-1" , or "SBK-1" in the DOC TYPE field and the literal "RENT" , "ROYAL" , or "OTREN" in the INCOME TYPE field.

Rents and Royalties - Analysis
  1. Compare RENT or ROYAL amounts with entries on:

    1. Schedule E, Part I, lines 3 and 4. If payer names are listed, match specific amounts. If payer names are not listed, group by income type RENT or ROYALTY, as applicable and compare the group total amount to the total reported rents or royalties.

      Note:

      The Group function is a tool to assist the TEs in computing the correct U/R amount. It may not be necessary to use the Group function if the correct U/R can be determined without it.

    2. Schedule E, Part II. Amounts must match within $1 or be identified as rents and royalties.

    3. Schedule C, Part 1, line 1 (or Schedule C-EZ, line 1). If the TP is in the business of rental property, or it can be determined from the payer name or business activity that the income is from the same source, compare the group total to the amount on line 1.

      Note:

      When screening for Rents/Royalties income on Schedule C, also consider any additional IR(s) for NEC, MERCH, MED and/or FISH income to determine the U/R amount.

    4. Schedule C, Part 1, line 6 (if specifically identified as rent/royalty income). ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. Schedule F, Part I or Part III. Do not pursue IRs when the amount matches Schedule F, lines 8, or 43 within $1, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ and is identified as rent or royalty.

    6. Form 4835, Farm Rental Income and Expenses. Consider the IRs ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ are accounted for first. Otherwise, issue a CP 2000 for the full amount of the IR(s).

    7. Form 2106, line 7, columns A and/or B. The amount must match within $1 ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ See IRM 4.19.3.8.6.1(4), Nonemployee Compensation(NEC) - Analysis.

      Note:

      Beginning with tax year 2018 employees in the following categories qualify to use Form 2106: Armed Forces Reservists, qualified performing artists, fee basis state or local government officials and employees with impairment-related work expenses

    8. Schedule D, or Form 8949 if income is identified as Coal and Timber royalties, patents, rights of way or easements.

    9. Form 1040, line 21(tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent). The amount must match within $1 ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. Is a member of a federally recognized Native American tribe and there is an indication that the rental income was directly derived from land allotted to the TP that is held in trust by the U.S. government. The TP may cite the court decision Squire v. Capoeman (351 US 1), or the following Revenue Rulings: 67-284 1967-2 CB 55, 62-16 1962-1 CB 7, or 74-13 1974-1 CB 14, 94-65 1994-2 CB 14.

      Note:

      Only income derived from the direct exploitation of the land is considered tax-exempt. Examples include: sale of crops and/or livestock raised on the land, sales of natural resources, and rental of land for grazing purposes. Income derived from capital improvements made to the land (for example, the establishment of a Gambling Casino) is not directly derived from the land and is fully taxable.

    2. Identifies the rental amount and cites it is excludable under IRC 280(A) or indicates that the rental was for less than fifteen (15) days.

Rents and Royalties Miscellaneous
  1. When the rent or royalty income is partially reported as self-employment income by the TP, identify the RENT or ROYALTY amount as Self-Employment income by entering the appropriate Income Identify Code in the INC CD field on the Case Analysis screen. See Exhibit 4.19.3-9, Income Identify Codes.

  2. If there is reported rent or royalty income reported on which the TP should have paid SE tax but did not, SE tax must be computed or recomputed if the Rent/Royalty or SE tax is asterisked or a CP 2000 is sent for another issue(s). Include the reported rent or royalty amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1 , Self-Employment Tax.

    1. Send reported rent or royalty IR elements on the notice when adjusting SE tax.

    2. If the rent or royalty amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  3. If U/R rent or royalty can be identified as coal/timber royalties, patents, rights of way or easements, it should be reported on Schedule D/Form 8949:

    1. Input Income Identify Code "SD" if the U/R RENT or ROYAL amount(s) is a long term capital gain/loss (Schedule D/Form 8949, Part II).

    2. Input Income Identify Code "ST" if the U/R RENT or ROYAL amount(s) is a short term capital gain/loss (Schedule D/Form 8949, Part I).

      Note:

      Income Identify Code "SD" and "ST" allow the system to compute the Schedule D tax if applicable. See IRM 4.19.3.14.2 , Sch D/8814/ECR Tax Window, for further instructions.

    3. See IRM 4.19.3.8.4.5, Capital Gain Distributions - Analysis, to access the Schedule D window.

  4. If there is U/R Schedule D RENT or ROYAL and the TP reported a capital loss on Form 1040, line 13 (tax years 2017 and prior) or Form 1040, Schedule 1, line 13 (tax years 2018 and subsequent), see IRM 4.19.3.8.4.5, Capital Gain Distributions - Analysis, to access the Schedule D window.

  5. 99MIS IR(s) may reflect W/H. See IRM 4.19.3.17.1 , Withholding - General, for further instructions.

  6. When rent or royalty income is U/R, enter the gross reported amount in the RETURN field of the Summary screen.

Conduit Income - General

  1. Conduit income is the TP's distributive share from a partnership (Form 1065), Small Business Corporation (Form 1120-S), or Estates and Trusts (Form 1041).

  2. Conduit income is reported on Schedules K-1 filed with Form 1065, Form 1120-S, and Form 1041.

  3. Conduit income is identified on the Case Analysis screen by the literal "SBK-1" , "PTK-1" , or "TRK-1" in the DOC TYPE field and one or more of the following literals in the INCOME TYPE field:

    • "ORINC" - Ordinary Income

    • "REAL" - Real Estate

      Note:

      If REAL is system deleted with a status code "X" , remove the status code and work the REAL issue.

    • "OTREN" - Other Rental

    • "ROYAL" - Royalties

    • "INT" - Interest Income

    • "DIV" - Dividend Income

    • "BNINC" - Ordinary Business Income

    • "OTPOR" - Other Portfolio Income

    • "STCG" - Short Term Capital Gains

    • "LTCG" - Long Term Capital Gains

    • "179EX" - Section 179 Expense amounts

    • "G-PAY" - Guaranteed Payment Amounts

    Note:

    The literal "179EX" (Section 179 Expense amount) is shown for information only. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

Conduit Income - Analysis
  1. Delete K-1 IRs if the payee or payer area identifies the income as being from:

    • 403(b) accounts

    • SEP or IRA accounts

    • Pension Plan or Profit Sharing Plan, including 401(k) plan

    • Municipal Bond funds

  2. When screening conduit IRs, keep the positive and negative amounts separate, but be aware that the TP may have netted the negative IRs against positive IRs and/or the totals on the tax return. Review all forms, schedules and attached explanations to identify gross income amounts.

    Note:

    Ensure that any amounts reported on attachments are properly included on Schedule E and in the AGI on the tax return.

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

  4. The TP may combine negative distributive share amounts with Section 179 Expenses and report the total loss on Schedule E, Part II, column (h). If the TP did not claim the Section 179 Expense on Schedule E, Part II, column (i), consider the issue resolved. See (18) below if the TP also claimed the 179EX on column (i).

  5. Schedules K-1 are not required to be attached to the return. If attached, use them as part of the screening process.

  6. Schedules K-1 should not include W/H. Only backup withholding (BWH) can be reported on a Schedule K-1. W/H amounts shown on a PTK-1 (Form 1065), SBK-1 (Form 1120-S) or TRK-1 (Form 1041) IRs may be the result of erroneously identified/transcribed Schedule K-1 data. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ See IRM 4.19.3.17.1.1 (2), Withholding - Analysis, for further instructions.

  7. Do not pursue elements of system deleted TRK-1 IRs (marked with X), even if asterisked. Only screen TRK-1 IRs which are not system deleted, following normal procedures.

  8. Conduit income may be found elsewhere on the return and/or attachments. Thoroughly review the entire return, schedules and attachments before pursuing discrepant K-1 amounts.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Consider each element of a K-1 IR separately. For example, if the TP only reports the INT/DIV portion of the IR on Schedule B but fails to report the remaining K-1 income types included on the IR (for example, ORINC, G-PAY, etc.), pursue the remaining income types based on the applicable IRM procedures.

    3. Use the Income Comparison screen to assist in determining if the discrepant K-1 income amount is included in a larger total on the return.

  9. Accept conduit income as reported if the amounts match ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    Example:

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

  10. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡

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

    4. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  11. If a 99MIS, PTK-1, SBK-1 or TRK-1 IR is present for the same TP, from the same payer AND for an identical money amount, take the following action:

    1. If one of the IRs is considered fully reported ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    2. If either IR is only partially reported or both are fully underreported, pursue both issues.

  12. If multiple conduit IRs are present from the same payer for the same TP take the following action:

    1. Research IDRS CC IRPTRL for each IR to determine the On File Date.

    2. Consider the IR with the latest On File Date as valid ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    3. If the On File Date is the same for multiple IRs and one is reported, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    4. If the On File Date is the same for multiple IRs and none of the IRs are reported, issue a CP 2501 to pursue all IRs.

  13. INT is included on Schedule B, Part I, line 1. Pursue any U/R amounts. See IRM 4.19.3.8.3.1, Interest - Analysis, for further instructions.

    Note:

    When reporting INT income from TRK-1 (Trusts) IRs, the payer name on the IR may not match the payer name on the return. Use the dollar match criteria to determine if the income is properly reported.

  14. DIV is included on Schedule B, Part II, line 5. Pursue any U/R amounts. See IRM 4.19.3.8.4.2, Dividends - Analysis, for further instructions.

    Note:

    On DIV income from TRK-1 (Trusts) IRs, the payer name on the IR may not match the payer name on the return. Use the dollar match criteria to determine if the income is properly reported.

  15. STCG is reported on Schedule D, line 5. Pursue any U/R amounts including O/D losses. See IRM 4.19.3.8.4.5(9), Capital Gain Distributions - Analysis, for further instructions.

    Note:

    If there is U/R STCG and the TP reports a capital loss on Form 1040, line 13 (tax years 2017 and prior) or Form 1040, Schedule 1, line 13 (tax years 2018 and subsequent), enter a zero (0) in both fields on the COMPUTE SCHEDULE D LOSS window. It may be necessary to blank out both fields first. This prevents the system from using losses in excess of $3,000 ($1,500 if MFS) to offset U/R Schedule D income.

    Example:

    If STCG IR(s) is a negative (-) $500 and Schedule D line 5 is negative (-) $750, pursue $250 as U/R (O/D).

  16. LTCG is reported on Schedule D, line 12, column (h). Pursue any U/R amounts including O/D losses. See IRM 4.19.3.8.4.5(7), Capital Gain Distributions - Analysis, for further instructions.

    Note:

    If there is U/R LTCG and the TP reports a capital loss on Form 1040, line 13 (tax years 2017 and prior) or Form 1040, Schedule 1, line 13 (tax years 2018 and subsequent), enter a zero (0) in both fields on the COMPUTE SCHEDULE D LOSS window. It may be necessary to blank out both fields first. This prevents the system from using losses in excess of $3,000 ($1,500 if MFS) to offset U/R Schedule D income.

    Note:

    If the TP did not file a Schedule D, determine if the LTCG is reported directly on the Form 1040, line 13 (tax years 2017 and prior) or Form 1040, Schedule 1, line 13 (tax years 2018 and subsequent),

  17. ROYAL is reported on Schedule E, Part I, line 4.

  18. Section 179 Expenses are generally reported on Schedule E, Part II, column (i). TPs may reduce the ORINC, REAL, OTREN or G-PAY amount by the 179EX and report the net income on column (g) or (j). If the ORINC, REAL, OTREN or G-PAY U/R amount matches the 179EX amount on the SBK-1 or PTK-1 IR AND column (i) is blank, consider the IR reported. If the TP also included the 179EX on column (i) this represents a double deduction. Disallow the double deduction and send PARAGRAPH 142. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  19. ORINC, G-PAY and REAL/OTREN (from PTK-1 or SBK-1 IRs) are reported on Schedule E, Part II, Columns (g) and/or (j).

    Note:

    If REAL is system deleted with a status code "X" , remove the status code and work the REAL issue.

    1. If the TP reports passive income on column (g) or passive loss on column (f) AND attaches Form 8582, Passive Activity Loss Limitations, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. If the TP does not report the payer name/EIN on the Schedule E (or Schedule E is not completed/present) AND attaches Form 8582≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    3. If the TP attaches a completed Form 6198, At Risk Limitation, that matches the payer name and/or EIN ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    4. See (18) above when the PTK-1 and/or SBK-1 IR(s) contain Section 179 Expenses (179EX).

  20. BNINC, OTPOR and REAL/OTREN (from TRK-1 IRs) are reported on Schedule E, Part III, column (d) and/or (f),

    Note:

    If REAL is system deleted with a status code "X" , remove the status code and work the REAL issue.

    1. If the TP reports passive income on column (d) or passive loss on column (c) AND attaches Form 8582, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. If the TP does not report the payer name/EIN on the Schedule E (or Schedule E is not completed/present) AND attaches Form 8582, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    3. If the TP attaches a completed Form 6198 that matches the payer name and/or EIN ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  21. Pursue all fully U/R SBK-1, PTK-1 and TRK-1 IRs and/or their elements, regardless of the income type or dollar amount. .

  22. Always attempt to match ORINC, REAL, OTREN, G-PAY and/or BNINC income element(s) to the amounts reported on the return. The TP must disclose an amount (including zero) in order to consider the income element(s) partially reported. When the return amount, per payer, does not correspond to a specific income element(s), group the element(s) and give credit for reported amounts.

  23. PARAGRAPH 24 automatically generates when STCG and/or LTCG is treated as ordinary income due to loss limitations. If the loss per return is less than $3,000 ($1,500 if MFS), toggle off PARAGRAPH 24 from the Summary screen.

Conduit Income Miscellaneous
  1. Conduit amounts (ORINC, REAL, G-PAY, and OTREN) from PTK-1 IRs may be subject to SE tax. If any of the following conditions apply, enter Income Identify Code "PB" , "PF" , "SB" , or "SF" as applicable.

    Note:

    When determining income subject to SE tax and the TP did not complete Schedule SE, do not include any PTK-1 losses reported on Schedule E from a different partnership name.

    1. The PTK-1 IR is fully U/R and the payer name/EIN is not reported on the tax return.

      Exception:

      Do not assess SE tax on ORINC, REAL, and OTREN if the payer is a LTD, LLC, LC, LLP, or LP. See IRM 4.19.3.16.1 (12), Self-Employment Tax, for further instructions and see Exhibit 4.19.3-9, Income Identify Codes, for applicable Income Identify Codes.

    2. The PTK-1 IR is partially reported as self-employment income by the TP. If pursuing the issue because TP reports a loss and the income element is a gain, do not pursue SE tax unless the loss amount was considered on an existing Schedule SE.

  2. When conduit income is U/R, enter the appropriate return amount in the RETURN field on the Summary screen. For conduit income types reportable on Schedule E Part II and Part III, use the sum of Schedule E, lines 32 and 37 as the "per return" amount. If the resulting "per return" amount is negative, enter the actual loss amount in the RETURN field.

  3. If STCG Distributions are U/R or O/D, enter the return amount from Schedule D, line 5, in the RETURN field of the Summary screen. If LTCG Distributions are U/R or O/D, enter the return amount from Schedule D, line 12 (Form 1040, line 13 (tax years 2017 and prior) or Form 1040, Schedule 1, line 13 (tax years 2018 and subsequent), if no Schedule D is attached), in the RETURN field of the Summary screen. If STCG and LTCG distributions are U/R or O/D, enter the return amount from Schedule D, lines 5 and 12 combined in the RETURN field of the Summary Screen.

Agricultural Subsidies/Market Gain on CCC Loans/Commodity Credit Corporation (CCC) Loans Forfeited

  1. Agricultural subsidies are government payments to farmers or businesses to assist in a policy deemed advantageous to the public. There are many types of Agricultural subsidy payments, including Conservation Reserve Program (CRP) payments, counter-cyclical payments, and market gain. Agricultural subsidies may be a payment in cash or a payment in kind (PIK), including Commodity Credit Corporation (CCC) certificates.

    Note:

    The TP may refer to Agricultural Subsidy payments (Ag Sub) as CRP.

  2. All government payments reported to the IRS must be included in income in the year they are actually or constructively received.

    1. Income is constructively received when it is credited to the TP's account or set apart in any way that makes it available to the TP. It is not necessary that the TP have physical possession of it.

    2. See IRM 4.19.3.8.13.3, Commodity Credit Corporation (CCC) Loans Forfeited, with regarding a farmer's election for reporting CCC loan proceeds as income in the year of the loan rather than reporting income when the commodity is sold.

Agricultural Subsidies/Market Gain on CCC Loans - General
  1. Agricultural subsidies (including CCC certificates) are reported to IRS on Form 1099-G.

  2. Agricultural subsidies (including CCC certificates) are identified on the Case Analysis screen by the literal "1099G" in the DOC TYPE field and the literal "AGSUB" in the INCOME TYPE field.

  3. Market gains on CCC Loans are reported to the IRS on Form 1099-G and are identified on the Case Analysis screen by the literal "1099G" in the DOC TYPE field and the literal "MRKGN" in the INCOME TYPE field.

Agricultural Subsidies/Market Gain on CCC Loans - Analysis
  1. Compare the total of AGSUB and MRKGN amounts with entries on:

    1. Schedule F, lines 4a, 4b, 39a, or 39b. If the AGSUB IR(s) is less than or equal to the amount reported on any of these lines, consider the IR(s) reported.

      Note:

      If the total of AGSUB and MRKGN IR(s) is greater than line 4a or 39a, use the line 4b or 39b amount to determine any U/R.

    2. Schedule E, Part II. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. Form 4835, Farm Rental Income and Expenses, lines 3a or 3b. If the total of AGSUB and MRKGN IR(s) is less than or equal to the amounts reported on either line, consider the IR(s) reported.

      Note:

      If the total of AGSUB and MRKGN IR(s) is greater than line 3a, use the line 3b amount to determine any U/R.

  2. AGSUB and MRKGN comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as AGSUB and/or MRKGN:

    1. Schedule F, lines 8 or 43.

    2. Schedule F, lines 2 or 37 (agricultural subsidies reported as commodities).

    3. Schedule E, Part I. Check property names on Schedule E, line 1 to clearly identify farm rental.

    4. Form 4835, line 6.

    5. Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent).

  3. Consider AGSUB and MRKGN amounts ≡ ≡ ≡ ≡ ≡ ≡ ≡ if a Form W-2 or a WAGE IR shows that the TP is incorporated (payer name must include CORP, INC, LC, LLC, PA, PC, or SC) in a farming business and paid wages to himself/herself (the payer name and/or address is similar to or matches the TP name and/or address). Do not consider AGSUB or MRKGN reported if the W-2 and 1099G IR are from the same payer.

  4. Agricultural subsidy payments made to members of federally recognized Native American Tribes under programs administered by the Department of Agricultures Stabilization and Conservation Service are exempt from federal income taxes when the subsidy is received as a result of activity occurring on the individual's allotted land. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  5. Underreported AGSUBs and MRKGNs are considered self-employment income unless the conditions defined below apply; delete the Income Identify Code if:

    1. The agricultural subsidy is fully or partially reported on Form 4835, Form 4797, Form 6252, Schedule D, or Schedule E, Part I.

    2. The agricultural subsidy is fully U/R and the only farm income on the return is on Form 4835 or Schedule E, Part I.

  6. The system computes SE tax when Income Identify Code "PF" or "SF" , is entered for AGSUB and/or MRKGN income.

  7. If there are reported AGSUB and/or MRKGN on which the TP should have paid SE tax but did not, the SE tax must be computed or recomputed if the AGSUB and/or MRKGN is asterisked or a notice is sent for other issue(s). Include the reported AGSUB and/or MRKGN amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1 , Self-Employment Tax.

    1. Send reported AGSUB and/or MRKGN IR elements on the notice when adjusting SE tax.

    2. If the AGSUB and/or MRKGN amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  8. 1099G IRs may reflect W/H. See IRM 4.19.3.17.1 , Withholding - General, for further instructions.

  9. PARAGRAPH 104 automatically generates when MRKGN is U/R, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  10. If AGSUB and/or MRKGN is U/R, enter the return amount in the RETURN field on the Summary screen.

Commodity Credit Corporation (CCC) Loans Forfeited
  1. Generally, CCC loan proceeds are not reported as income. However, if a TP pledges part or all of his/her production to secure a CCC loan, he/she may elect to report the CCC loan proceeds as income in the year the proceeds are received, instead of the year the crop is sold.

  2. TPs may make the election to report CCC loans on Schedule F, lines 5a, 40a or Form 4835, line 4a.

  3. CCC loans forfeited are reported on Form 1099-A, Acquisition or Abandonment of Secured Property.

  4. Commodity Credit Certificates received under some government programs are sold or used to pay the CCC loans. These certificates are includable as income and are reported on Form 1099-G.

    1. Compare 1099G IR(s) to amounts identified on the return by the terms "CCC" , "PIK" , or "Storage" .

    2. If income reported under these categories matches the IR(s) within $1, consider the IR(s) reported. If no amount is reported, consider the IR(s) fully U/R.

  5. A farmer may pledge grain or other commodities to secure a loan from the CCC. He/she may also include the proceeds of the loan as income in the year actually received. If, however, he/she uses the commodity credit certificates to repay the loan, for an amount less than the original amount of the loan, that market gain is reported on Schedule F, lines 5b, 5c, 40b, or 40c or Form 4835, lines 4b or 4c. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. CCC loans forfeited are identified on the Case Analysis screen by the literal "1099A" in the DOC TYPE field and one of the following literals in the INCOME TYPE field:

    1. "DEBTS" - Debt satisfied.

    2. "FMV" - Fair market value. Disregard the literal "FMV" and the amount on a 1099A IR. (The system automatically assigns status code "X" to FMV amounts.)

    3. "AV" - Appraisal value. Disregard the literal "AV" and the amount on a 1099A IR. (The system automatically assigns status code "X" to AV amounts.)

  7. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. A Form W-2 or WAGE IR shows that the TP is incorporated (payer name must include CORP, INC, LC, LLC, PA, PC or SC) in a farming business and paid wages to himself/herself (the payer name and/or address is similar to or matches the TP's name and/or address). Do not consider CCC reported if the W-2 and 1099A IR are from the same payer.

    2. Income from a farming business is reported on Schedule E, Part II.

  8. Compare DEBTS (debt satisfied amounts on 1099A IRs) with entries on Schedule F or Form 4835.

    1. Consider CCC loans fully reported when the amount(s) reported on Schedule F, lines 5b, 40b, or Form 4835, line 4b, equals or exceeds the CCC (DEBTS) IR(s).

    2. If there are amounts reported on Schedule F, lines 5c or 40c, or Form 4835, line 4c ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    3. Consider CCC loans partially U/R when there is an amount reported on Schedule F, lines 5b or 40b, or Form 4835, line 4b that is less than the DEBTS IR(s).

    4. Consider CCC loans fully U/R when Schedule F, lines 5b or 40b, or Form 4835, line 4b is zero or blank AND there are no entries on Schedule F, lines 5c or 40c, or Form 4835, line 4c.

  9. If a DEBTS amount is U/R, verify the Income Identify Code so the system computes SE tax correctly. The Income Identify Code should be "PF" or "SF" , as applicable. See Exhibit 4.19.3-9, Income Identify Codes. Delete the Income Identify Code for U/R DEBTS amounts if the:

    1. CCC loan forfeited is fully or partially reported on Form 4835 or Schedule E, Part I, or

    2. CCC loan forfeited is fully U/R and the only farm income on the return is on Form 4835 or Schedule E, Part I.

  10. PARAGRAPH 102 automatically generates.

  11. If CCC income is U/R, enter the return amount in the RETURN field on the Summary screen.

Patronage Dividends - General

  1. Patronage dividends (PTDIV) are paid by cooperatives. They are considered income unless they are attributable to personal or family items, capital assets, or depreciable assets used in the TP's business.

  2. PTDIVs are reported to IRS on Form 1099-PATR, Taxable Distributions Received From Cooperatives.

  3. Patronage dividends are identified on the Case Analysis screen by the literal "99PAT" in DOC TYPE field and one of the following literals in the INCOME TYPE field.

    • "PTDIV" - Patronage Dividends

    • "NPAT" - non-Patronage Dividends

    • "PURA" - per Unit Retain Allocations

    • "REDEM" - Redemption

    • "DPAD" - Domestic Production Activities Deduction. Reported on the appropriate line of Form 8903, Domestic Production Activities Deduction

PTDIV - Analysis
  1. Group the 99PAT income elements (PTDIV, NPAT, REDEM and PURA) from all 99PAT IRs and compare the group total with entries on:

    1. Schedule F, lines 3a, 3b, 38a or 38b. If the 99PAT group amount is less than or equal to the amount reported on any of these lines, consider the IRs reported and mark the group with status code "R" .

      Note:

      If the 99PAT group amount is greater than line 3a or 38a, mark the group with status code "U" and use the amount on line 3b or 38b to determine the U/R.

    2. Form 4835, line 2a or 2b. If the 99PAT group amount is less than or equal to the amount reported on either line, consider the IRs reported and mark the group with status code "R" .

      Note:

      If the 99PAT group amount is greater than line 2a, mark the group with status code "U" and use the amount on line 2b to determine the U/R.

    3. Schedule E, Part I. If an amount is identified as farm rental AND matches within $1, consider the 99PAT IRs reported and mark the group with status code "R" .

      Note:

      Check property names on Schedule E, line 1a and 1b. If the income reported on this line matches the IR group amount(s) within $1, consider the 99PAT IRs reported and mark the group with status code "R" .

    4. Schedule E, Part II. If the income is from a farming business,≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ " ≡ ≡

      Note:

      If it cannot be determined from Schedule E, Part II that the ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    5. Schedule B, Part II. The amount must match within $1 or be identified by payer name.

    6. Schedule C, line 6, (or Schedule C-EZ, line 1), if the business activity is fishing related or the distribution received is from a cooperative. The amount must match within $1, must be clearly identified as patronage dividends, or must be identified by payer name.

  2. If Form 8903 is present, see IRM 4.19.3.9.9, Domestic Production Activity Deduction.

  3. Consider PTDIVs ≡ ≡ ≡ ≡ ≡ if there is a Form W-2 or WAGE IR present that shows the TP is incorporated (payer name must include CORP, INC, LC, LLC, PA, PC or SC) in a farming business, and paid wages to himself/herself (payer name and/or address is similar to or matches the TP's name and/or address). Do not consider PTDIV reported if W-2 and 99PAT IR are from the same payer.

PTDIV - Miscellaneous
  1. If a 99PAT IR amount is U/R, verify the Income Identify Code, so the system computes SE tax correctly (Income Identify Code "PF" , "SF" , "PB" , or "SB" as applicable). See Exhibit 4.19.3-9, Income Identify Codes. Delete the Income Identify Code if:

    1. The PTDIV is fully or partially reported on Form 4835, Schedule B, or Schedule E, Part I, or

    2. The PTDIV is fully U/R AND the only farm income on the return is on Form 4835 or Schedule E, Part I.

  2. If there are reported PTDIVs on which the TP should pay SE tax but did not, SE tax must be computed or recomputed if the 99PAT is asterisked or a notice is sent for another issue(s). See IRM 4.19.3.16.1 , Self-Employment Tax.

  3. PARAGRAPH 85 automatically generates when the total of U/R interest, dividends, and patronage dividends is greater than $500.

  4. If PTDIV income element(s) is U/R, enter the return amount in the RETURN field on the Summary screen.

Crop Insurance - General

  1. Crop insurance proceeds are amounts received by farmers as a result of destruction or damage to crops.

  2. Crop insurance proceeds are reported on Form 1099-MISC, Box 10.

  3. Crop insurance proceeds are identified on the Case Analysis screen by the literal "99MIS" in the DOC TYPE field and the literal "CROP" in the INCOME TYPE field.

Crop Insurance - Analysis
  1. Compare CROP amounts with entries on:

    1. Schedule F, line 6a, 6b, or 41. If the CROP IR(s) is equal to or less than the amounts reported on any of these lines, consider the IR(s) reported.

    2. Form 4835, line 5a or 5b. If the CROP IR(s) is equal to or less than the amounts reported on either of these lines, consider the IR(s) reported.

      Note:

      If the CROP IR(s) is greater than line 5a and the box on line 5c is blank, use the amount on line 5b to determine the U/R.

    3. Schedule F, lines 8 or Form 4835, line 6. The amount must match within $1.

    4. Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent), the amount must match within $1 or be clearly identified as CROP income.

  2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. Form W-2 or WAGE IR is present that shows the TP is incorporated (payer name must include CORP, INC, LC, LLC, PA, PC or SC) in a farming business, and paid wages to himself/herself (payer name and/or address is similar to or matches the TP's name and/or address). Do not consider CROP reported if Form W-2 and Form 1099-MISC are from the same payer.

    2. Income from a farming business is reported on Schedule E, Part II.

      Note:

      If it cannot be determined from Schedule E, Part II that the income is from a farming business, check Schedule SE, line 1 for an indication.

    3. The TP elects to postpone CROP income to the next year by checking the box on Schedule F, line 6c, or Form 4835, line 5c, and attaches a statement.

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

Crop Insurance Miscellaneous
  1. If a CROP amount is U/R, verify the Income Identify Code so the system computes SE tax correctly (Income Identify Codes are "PF" or "SF" , as applicable). See Exhibit 4.19.3-9, Income Identify Codes. Delete the Income Identify Code if the crop insurance proceeds are:

    1. Fully or partially reported on Form 4835 or Schedule E, Part I, or

    2. Fully U/R and the only farm income on the return is on Form 4835 or Schedule E, Part 1.

  2. If there is reported CROP on which the TP should have paid SE tax but did not, the SE tax must be computed or recomputed if CROP is asterisked or a notice is sent for another issue(s). Include the reported CROP amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1 , Self-Employment Tax.

    1. Send reported CROP IR elements on the notice when adjusting SE tax.

    2. If the CROP amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  3. PARAGRAPH 103 automatically generates when CROP is U/R.

  4. If CROP is U/R, enter the return amount in the RETURN field on the Summary screen.

Unemployment Compensation - General

  1. Unemployment compensation is a benefit paid to qualified individuals during periods of unemployment.

  2. Unemployment compensation is reported on Form 1099-G.

  3. Unemployment compensation displays on the Case Analysis screen by the literal "1099G" in the DOC TYPE field and the literal "UNEMP" in the INCOME TYPE field.

Unemployment Compensation - Analysis
  1. Compare UNEMP amounts with entries on:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 19. Form 1040, Schedule 1, line 19.
    Form 1040A, line 13. N/A
    Form 1040EZ, line 3. N/A
  2. For tax years 2017 and prior, Form 1040A, line 13 and Form 1040EZ, line 3 are designated for the reporting of UNEMP as well as Alaska Permanent Fund dividends. Consider any Alaska Permanent Fund dividend IRs when determining the status of the UNEMP IRs income, and the TP filed a Form 1040A or Form 1040EZ. If necessary, group Alaska Permanent Fund dividend IRs with UNEMP IRs to arrive at the correct U/R amount.

  3. UNEMP comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as UNEMP payments:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 7 Form 1040, line 1
    Form 1040, line 21 Form 1040, Schedule 1, line 21
    Form 1040A, line 7 N/A
    Form 1040EZ, line 1 N/A

    Caution:

    If TP includes UNEMP as wages on line 7, Form 1040 or Form 1040A(tax years 2017 and prior) or line 1, Form 1040 (tax years 2018 and subsequent), see IRM 4.19.3.17.3 (9) and (16), Earned Income Credit.

  4. If the tax return indicates the UNEMP income was repaid and includes an amount, accept as reported. The repaid amount plus reported amount must equal the IR, otherwise pursue the difference.

    Caution:

    If the TP indicated a portion of the UNEMP was repaid in a year other than the current AUR tax year, do not consider that repayment amount. Send a Special Paragraph to advise the TP that repayments made in a subsequent year(s) may be deducted on Schedule A, as a miscellaneous deduction, in the year they were repaid.

  5. If the EIN begins with "66" and the payer information is in Spanish, this income is not subject to U.S. income tax, delete the IR(s).

  6. If supplemental unemployment benefits are received from a company financed fund, and the TP did not contribute to the fund, they are not considered UNEMP. They are reported on Form W-2 and are fully taxable wages, subject to W/H, and should be reported on the wage lines. See IRM 4.19.3.8.1, Wages - General, for further instructions.

UNEMP - Miscellaneous
  1. UNEMP (Form 1099-G) may reflect W/H. See IRM 4.19.3.17.1 , Withholding - General, for further instructions.

  2. PARAGRAPH 67 automatically generates when UNEMP is U/R.

  3. If UNEMP is U/R, enter the return amount in the RETURN field on the Summary screen.

Social Security/Railroad Retirement Benefits (SS/RR) - General

  1. Social Security and Railroad Retirement Benefits may be partially taxable (by up to 85 percent) if the modified AGI plus fifty percent of the benefits is greater than the following adjusted base amounts:

    • $25,000 for FS 1, 4 or 5

    • $32,000 for FS 2

    • $25,000 for FS 3 or 6 (and the TP did NOT live with spouse any time during the AUR year)

    • $0 for FS 3 or 6 (and the TP lived with the spouse during the AUR year)

  2. These payments are reported by payers on either Form SSA-1099 (benefits received under Title II of the Social Security Act), or Form RRB-1099 (Tier 1 railroad retirement benefits treated as social security).

    Note:

    See IRM 4.19.3.8.10.5, Railroad Retirement Board (RRB) IRs, for information regarding the amounts reported by the Railroad Retirement Board on Form RRB-1099-R.

  3. Social Security and Railroad Retirement Benefits display on the Case Analysis screen by the literal "SS/RR" in the DOC TYPE field and one of the following literals in the INCOME TYPE field.

    1. "SS/RR" - taxable Social Security and Railroad Retirement Benefits.

    2. "WCOMP" - Workers' Compensation. Disregard WCOMP amounts. (The system automatically assigns status code "X" to WCOMP amounts.)

    3. "REPAY" - benefits that the TP repaid in the current AUR tax year. The system uses this amount to reduce the recomputed SS/RR amount as appropriate.

    4. "17PAY" - portion of SS/RR received in the AUR year for 2017 (for information only).

    5. "16PAY" - portion of SS/RR received in the AUR year for 2016 (for information only).

    6. "15PAY" - portion of SS/RR received in the AUR year for 2015 (for information only).

    7. "14PAY" - portion of SS/RR received in the AUR year for 2014 (for information only).

  4. Workers' Compensation payments made in place of Social Security and Railroad Retirement Benefits are considered as SS/RR when computing taxable benefits. If it appears that the TP reduced the gross SSA benefits (SS/RR element) by the amount of the WCOMP element:

    1. Pursue the discrepancy.

    2. Mark the WCOMP element with Send Indicator "S" .

    3. PARAGRAPH 100 automatically generates.

SS/RR - Analysis
  1. When screening SS/RR IRs, check the name line area of the IR(s) to ensure that the benefits are properly credited to the appropriate TP. Delete SS/RR amounts if the payee name line(s) indicates they are payments to a former spouse or dependent children, unless there is an indication the TP in question is one of the actual recipients.

  2. Compare the total of SS/RR amounts with entries on:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 20a (total benefits) and line 20b (taxable benefits). Form 1040, line 5a (total benefits) and line 5b (taxable benefits).
    Form 1040A, line 14a (total benefits) and line 14b (taxable benefits). Form 1040, Schedule 1, line 21. The amount must match the taxable SS/RR payments within $1 or be identified as Social Security/Railroad Retirement payments.
    Form 1040, line 21. The amount must match the taxable SS/RR payments within $1 or be identified as Social Security/Railroad Retirement payments. N/A
  3. When the TP is married filing separately (FS 3 or 6) and lived apart from their spouse for the entire year, they are instructed to enter a "D" on the dotted line next to Form 1040, line 20a, Form 1040A, line 14a (tax years 2017 and prior) or Form 1040, line 5a (tax years 2018 and subsequent). If a "D" is present (or a "Y" on an ELF return), enter an "N" in the TP LIVED WITH SPOUSE? field in the SSA RRB Changes window. If a "D" is not present:

    1. Assume the TP lived with his/her spouse and zero is the applicable base amount for FS 3 or 6.

    2. Ensure that the TP LIVED WITH SPOUSE? field is blank.

    3. PARAGRAPH 162 automatically generates.

      Note:

      If there are no SS/RR IR(s) present on the Case Analysis screen, and it appears that the TP did not report the proper taxable amount, because the "D" is not present, and there are no other U/R issues, close the case.

  4. On jointly filed returns, when one of the TPs is deceased, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ " when:

    If the tax year is And Or
    2017 and prior Form 1040, line 20a or 20b (Form 1040A, line 14a or 14b) is zero or blank, Form 1040, line 20a (Form 1040A, line 14a) is equal to or less than the surviving spouse's SS/RR IR amount(s).
    2018 and subsequent Form 1040, line 5a or 5b is zero or blank, Form 1040, line 5a or 5b is equal to or less than the surviving spouse's SS/RR IR amount(s).

    Caution:

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

  5. The taxable amount of SS/RR payments is computed by the system based on the appropriate entries on the Adjusted Gross Income window and the SSA/RRB window. If the TP files a Schedule R, Credit for the Elderly or Disabled, the system requires you to access the SSA/RRB window. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - SSA/RRB window.

    1. Screen SS/RR IR(s) after you analyze all other potentially discrepant income types. After any subsequent analysis that changes the TOTAL AGI CHANGE field, reselect the SSA/RRB window. (After computing the IRA deduction the system automatically recomputes SS/RR.) Recompute all changes to adjustments (SLID, Tuition and Fees, and/or DPAD) to income before selecting this window. See IRM 4.19.3.4.2(3), Case Analysis Screen, for the proper sequence when these issues are present on the same case.

    2. Be alert for changes made during or after original processing when entering/verifying information in the SSA/RRB window. Send PARAGRAPH 97, (see Exhibit 4.19.3-7 , CP PARAGRAPHS), for erroneous changes made during original processing.

  6. If Form 1040, line 20a or Form 1040A, line 14a(tax years 2017 and prior) or Form 1040, line 5a (tax years 2018 and subsequent) is greater than the IR amount(s) and an adjustment to SS/RR is necessary, do not send the SS/RR IR(s) to the TP.

    Note:

    After computing the SS/RR, the GROUP TOTAL field on the Case Analysis screen displays the total SS/RR IR amount. Compare this amount to the amount on Form 1040, line 20a or Form 1040A, line 14a (tax years 2017 and prior) or Form 1040 , line 5a (tax years 2018 and subsequent).

  7. Verify that the amount in the TAX EXEMPT INTEREST field of the SSA/RRB window is correct. See IRM 4.19.3.8.3.5(1), Interest Miscellaneous, if the TP improperly excluded tax-exempt interest on Schedule B.

  8. If the repayment amounts exceed the SS/RR amounts, and the TP reports a taxable SS/RR amount, but fails to subtract any or all of his/her payments from the SS/RR amount, the system reduces the recomputed SS/RR amount as appropriate. This results in either a refund to the TP or a reduction to his/her tax.

  9. If there are no SS/RR IRs on the Case Analysis screen, the TP reports a gross amount on Form 1040, line 20a or Form 1040A, line 14a (tax years 2017 and prior) or Form 1040, line 5a (tax years 2018 and subsequent) and the amount on Form 1040, line 20b or Form 1040A, line 14b (tax years 2017 and prior) or Form 1040 , line 5b (tax years 2018 and subsequent)is blank, zero or less than 85 percent of the gross amount, and there are other U/R issue(s):

    1. Create an IR for the gross amount reported on Form 1040, line 20a or Form 1040A, line 14a (tax years 2017 and prior) or Form 1040 , line 5a (tax years 2018 and subsequent).

    2. Access the SSA/RRB window and input/verify the fields.

  10. If the TP reported SS/RR (larger than the IR amount(s)), and the IR shows a REPAY amount, the REPAY IR must be coded with IR Code "D" . Otherwise, the system uses 85 percent of the REPAY amount as an offset and recomputes the tax.

  11. When the system computes taxable SS/RR, it uses the amount the TP reported as benefits or the total of the IRs (less any REPAY amounts), whichever is greater. If the TP attached documentation stating the SS/RR amounts were repaid in the current AUR tax year and no corresponding IR is present showing the REPAY amount, you must create an IR so the system correctly computes the taxable portion.

    Caution:

    If the TP attached documentation stating the SS/RR amounts were repaid in a year other than the current AUR tax year, advise the TP the repayment amount may be deducted ONLY in the year it was repaid.

  12. Do not pursue SS/RR amounts if the TP provides a statement and/or documentation that the income is excludable because the payments are for disability due to injuries received from a terrorist attack or military action.

SS/RR Miscellaneous
  1. TPs can compute taxable SS/RR benefits following the Lump-Sum Election (LSE) method. There is an LSE method indication if LSE is written next to Form 1040, line 20a (Form 1040A, line 14a) (tax years 2017 and prior) or Form 1040, line 5a (tax years 2018 and subsequent), the box next to LSE ind is checked on the TRDB window, or an LSE worksheet is attached. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    1. The SS/RR IR amount(s) is reported on Form 1040, line 20a, or Form 1040A, line 14a (tax years 2017 and prior) or Form 1040, line 5a (tax years 2018 and subsequent) AND

    2. The SS/RR IR displays one or more of the following 17PAY, 16PAY, 15PAY, OR 14PAY.

    Note:

    If either of the conditions above are not met, pursue discrepant SS/RR. Send PARAGRAPH 71, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  2. Do not pursue potential U/R SS/RR benefits if there is an indication the TP is a resident of one of the following countries:

    • Canada

    • Egypt

    • Germany

    • Ireland

    • Israel

    • Italy

    • Japan

    • Romania

    • The United Kingdom

  3. Form SSA-1099 or Form RRB-1099 may reflect W/H. See IRM 4.19.3.17.1, Withholding - General, and/or see IRM 4.19.3.17.1.2 , Withholding, SSTAX and Additional Medicare Tax Withheld - Miscellaneous, for further instructions.

  4. PARAGRAPH 99 automatically generates when a change to modified AGI impacts the taxable amount of SS/RR.

  5. If SS/RR is adjusted, enter the taxable return amount in the RETURN field on the Summary screen.

Other Income (OTINC)- General

  1. Other income is reported on Form 1099-MISC.

  2. Other income is identified on the Case Analysis screen by the literal "99MIS" in the DOC TYPE field and the literal "OTINC" in the INCOME TYPE field.

OTINC - Analysis
  1. Compare OTINC amounts with entries on:

    1. Schedule C, line 6.

    2. Schedule F, lines 8 or 43.

    3. Form 4835, line 6.

    Note:

    For tax years 2017 and prior, if Alaska Permanent Fund Dividends, compare to Form 1040A, line 13 or Form 1040EZ, line 3.

  2. If it can be determined from the payer name or business activity that it is the same income, consider OTINC reported if it is included in larger total for the applicable TP on the following Schedules:

    1. Schedule C or C-EZ, line 1

    2. Schedule F, lines 1a or 2

    Note:

    When determining the U/R amount consider NEC IR(s) as well as OTINC IR(s).

  3. Comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as OTINC:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 7 Form 1040, line 1
    Form 1040A, line 7 Form 1040, Schedule 1, line 21. The TP must provide enough information on Schedule 1, line 21 or an attachment to isolate the amount he/she is reporting from the payer in question. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
    Form 1040EZ, line 1 N/A
    Form 1040, line 21. The TP must provide enough information on line 21 or an attachment to isolate the amount he/she is reporting from the payer in question. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ N/A
    1. Schedule D, see table below for line numbers - The TP may report the sale of timber, coal, easements, right-of-way (ROW), land damages on these lines. Consider the OTINC reported if the sales price matches the IR within $1.

      Form/Schedule TY 2016 TY 2017 TY 2018
      Schedule D Part I, lines 1a, 1b, 2, or 3, column (d) Part I, lines 1a, 1b, 2, or 3, column (d) Part I, lines 1a, 1b, 2, or 3, column (d)
      Schedule D Part II, line 8a, 8b, 9 or 10, column (d) Part II, line 8a, 8b, 9 or 10, column (d) Part II, line 8a, 8b, 9 or 10, column (d)
      Form 8949 Part I, line 1, column (d) or Part II, line 1 column (d) Part I, line 1, column (d) or Part II, line 1 column (d) Part I, line 1, column (d) or Part II, line 1 column (d)
    2. Form 8949, see table above for line numbers.

    3. Schedule E, Part I.

    4. Form 2106, line 7.

      Note:

      Beginning with tax year 2018 only employees in the following categories qualify to use Form 2106: Armed Forces Reservists, qualified performing artists, fee basis state or local government officials and employees with impairment-related work expenses

  4. The OTINC amount on a 99MIS IR represents the full value of Other Income. If the TP reports a lesser amount, consider the difference U/R, unless documentation is attached to the return.

  5. Accept OTINC as reported if:

    1. The TP is incorporated (payer name must include CORP, INC, LC, LLC, PA, SC or PC) and pays wages to himself/herself (the name and/or address of the payer is similar to or matches the name and/or address of the TP).

      Exception:

      Do not consider OTINC reported if Form W-2 and 99MIS IR are from the same payer, the income is from the Alaska Permanent Fund Dividend, or identified as National Mortgage Settlement (NMS) and/or Independent Foreclosure Review (IFR).

    2. The TP appears to be a partner or shareholder as shown on Schedule E, Part II.

      Exception:

      ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ or the income is from the Alaska Permanent Fund Dividend, or identified as National Mortgage Settlement (NMS) and/or Independent Foreclosure Review (IFR).

    3. The TP has identified the payments as disaster or FEMA mitigation, made under any of the following; the Hazard Mitigation Grant Program (HMGP), the pre-Disaster Mitigation Program (PDM) or the Flood Mitigation Assistance Program (FMA).

    4. The TP nets the amount for reimbursed expenses reported on Form 1099-MISC and ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  6. The value of medals and/or prizes and awards paid by the U.S Olympic Committee (USOC) to competitors after December 31, 2015 are tax exempt when the TP’s AGI is $1 million or less ($500,000 for married filing separately). TPs are instructed to include these amounts on Form 1040, line 21 (tax years 2017 and prior) or Form 1040 , Schedule 1, line 21 (tax years 2018 and subsequent) and subtract the amount on the dotted line portion of line 36 (tax years 2017 and prior) or Form 1040 , Schedule 1, line 36 (tax years 2018 and subsequent). If the IR is not reported and it can be determined the TP is an Olympian/Paralympian who meets the exclusion criteria, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

OTINC - Miscellaneous
  1. The OTINC amount may represent a court award/settlement amount, as indicated on the TP's attachment. The full amount is to be reported on Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent). The following items are to be included as Ordinary Income:

    1. Interest on any award.

    2. Compensation for lost wages or lost profits unless awarded due to personal physical injury or sickness.

    3. Punitive damages. It does not matter if they relate to a physical injury or physical sickness.

    4. Amounts received in settlement of pension rights (if the TP did not contribute to the plan).

    5. Damages for patent or copyright infringement, breach of contract or interference with business operations that replace ordinary income.

    6. Damages for emotional distress received to satisfy a claim under antidiscrimination statutes, for example, Title VII of the Civil Rights Act of 1964, and comparable state statutes.

    7. Damages received for emotional distress due to a personal injury that is unrelated to a physical injury or sickness (for example, employment discrimination or injury to reputation) but does not include damages not in excess of amount paid for medical care to treat emotional distress.

  2. The Judgment Fund Branch of the United States Department of Agriculture (USDA) paid cash settlements and granted loan cancellations as a result of a 1999 class action discrimination suit filed by farmers. See IRM 21.6.4.4.9.3, USDA Discrimination Settlement Payments, for additional information.

  3. The National Mortgage Settlement (NMS) and/or Independent Foreclosure Review (IFR) paid cash settlements to certain borrowers whose principal residence was involved in the foreclosure process.

  4. Consider the IR reported if the TP reports the payment(s) on the return AND indicates any of the following:

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

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

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

    Example:

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

    Note:

    Beneficiaries of National Mortgage Settlement and Independent Foreclosure Review payments may treat the distribution(s) in the same manner as the decedent would have had the decedent lived and received the income.

  5. Gains from reimbursements for damages, casualty and theft, etc., are reported on Form 4684 and Form 4797.

  6. Any legal fees associated with the award/settlement are generally taken as a deduction on Schedule A(TY 2017 and prior).

    Exception:

    If the settlement involves: unlawful discrimination as defined in IRC 62(e), a claim against the U.S. Government or a claim made under section 1862(b)(3)(A) of the Social Security Act, see (6) below.

    1. TPs are only allowed to deduct legal expenses incurred in attempting to produce or collect taxable income. For business related legal expenses, Schedules C, C-EZ, E, part I, and/or F may be used.

    2. If the TP nets the amount for legal fees, pursue the deducted amount as U/R. If Schedule A is filed, include this amount in the GROSS JOB AND MISC EXPENSE field (line 24) of the Schedule A window in Return Value and send a Special Paragraph to inform the TP that legal fees are an itemized deduction that are reduced by 2 percent of AGI. If no Schedule A is filed, send a Special Paragraph to inform the TP they may now qualify for Itemized Deductions.(TY 2017 and prior)

      Note:

      Beginning with tax year 2018 taxpayers can no longer deduct legal fees on Schedule A.

  7. For tax years 2017 and prior, any legal expenses, up to the settlement included in gross income, from: an unlawful discrimination suit, a claim against the U.S. Government or a claim made under section 1862(b)(3)(A) of the Social Security Act, may be deducted as an adjustment to income on the dotted portion of line 36 on Form 1040.. Consider any deducted amount over the reported settlement as U/R income. Any legal expenses over the amount of income are deductible as a miscellaneous itemized deduction subject to the 2 percent limit.(TY 2017 and prior)

    1. Consider any deducted amount over the reported settlement as U/R income.

    2. If Schedule A is filed, include the over-deducted amount in the GROSS JOB AND MISC EXPENSE field of the Schedule A window in Return Value and send a Special Paragraph to inform the TP that legal fees over the amount of settlement income are an itemized deduction that are reduced by 2 percent of AGI.(TY 2017 and prior)

    3. If no Schedule A is filed, send a Special Paragraph to inform the TP they may now qualify for Itemized Deductions. (TY 2017 and prior)

  8. OTINC paid by an auto manufacturer to a motor vehicle salesperson is not subject to SE tax and CANNOT be reported on Schedule C or Schedule C-EZ. If it is the only income reported on Schedule C or Schedule C-EZ:

    1. Disallow the expenses.

    2. Adjust SE tax as appropriate.

    3. Send a Special Paragraph to inform the TP of the adjustment using the following verbiage as an example: "Automotive manufacturer incentive payments made to a vehicle salesperson may not be offset by Schedule C or Schedule C-EZ expenses. We disallowed the expenses and refigured your tax."

  9. If OTINC is partially reported on Schedule C, C-EZ, or F, treat as self-employment income. Enter Income Identify Code "PB" , "PF" , "SB" , or "SF" as applicable in the INC CD field on the Case Analysis screen. See Exhibit 4.19.3-9, Income Identify Codes.

  10. If OTINC is reported and the TP should have paid SE tax but did not, the SE tax must be computed or recomputed if OTINC is asterisked or a notice is sent for another issue(s). Include the reported OTINC amount in the PRIM REPRTD SE INC NOT ON SE and/or SEC REPRTD SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1 , Self-Employment Tax.

    1. Send reported OTINC IR elements on the notice when adjusting SE tax.

    2. If the OTINC amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

  11. 99MIS IRs with OTINC amounts may reflect W/H. See IRM 4.19.3.17.1 , Withholding - General, for further instructions.

  12. If Other Income is U/R, enter the return amount in the RETURN field on the Summary screen.

Gambling Income - General

  1. Gambling income represents reportable winnings from a gambling activity.

  2. Gambling income is reported on Form W-2 G, Certain Gambling Winnings.

  3. Gambling income is identified on the Case Analysis screen by the literal "W-2G" in the DOC TYPE field and the literal "GAMBL" in the INCOME TYPE field.

Gambling Income - Analysis
  1. Comparisons for the following must match within $1 or be CLEARLY IDENTIFIED as GAMBL:

    Tax years 2017 and prior Tax years 2018 and subsequent
    Form 1040, line 7 Form 1040, line 1
    Form 1040, line 21 Form 1040, Schedule 1, line 21
    Form 1040A, line 7 N/A
    Form 1040EZ, line 1 N/A
    1. Schedule C, Part I, lines 1 or 6 (or Schedule C-EZ, line 1), if payer or business activity indicates that it is the same income. See IRM 4.19.3.8.19.2(11) and (12), Gambling Losses, for additional information.

    2. Schedule F, lines 8 or 43.

  2. If the TP reports gambling income on Schedule D, Part II, compare the amount reported, with the IR and take the following action:

    1. If the amount reported, column (h), is equal to or greater than the IR amount, consider the income reported.

    2. If the amount reported, column (h), is less than the IR amount, consider the difference U/R.

      Note:

      If reported on Schedule D, Part II, subtract the gambling income from the LONG TERM GAIN/LOSS field in the SCHD/8814/ECR Tax window and send a Special Paragraph using the following verbiage as an example: "Gambling winnings are ordinary income and do not qualify for capital gains treatment."

  3. Gambling income may erroneously display as discrepant if an amount is present on Form W-2 G, Box 7 (winnings from identical wagers). This amount displays on the IR by the literal "IDWAG" . Disregard IDWAG amounts. The system automatically assigns status code "X" to IDWAG amounts. Consider gambling income reported if the amount the TP reports matches the GAMBL IR within $1.

  4. If neither gambling income nor gambling losses are reported, consider the entire IR(s) U/R.

  5. If the TP did not itemize his/her deductions, send PARAGRAPH 42. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

Gambling Losses
  1. If the TP itemizes deductions on Schedule A, he/she may deduct gambling losses equal to gambling winnings. If the TP deducts gambling losses on Schedule A but reports no winnings, disallow gambling losses on Schedule A.

    Exception:

    If there are U/R Gambling IRs, pursue the Gambling IRs and allow the reported Gambling Losses up to the amount of the U/R Gambling IRs.

  2. If the TP did not file Schedule A, he/she may deduct gambling losses in excess of the applicable standard deduction amount for his/her filing status. Send PARAGRAPH 42, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  3. The TP is eligible to itemize deductions when deductions on Schedule A exceed the applicable standard deduction amounts for their filing status. See IRM 4.19.3.13 , Standard Deduction, for further information.

  4. Gambling losses are O/D if:

    1. They exceed gambling winnings.

    2. They are deducted twice. (The TP reports net gambling winnings and also deducts gambling losses on Schedule A.)

    3. They are directly deducted from gambling winnings, and the TP is not eligible to itemize deductions. (Gambling losses offset against gambling winnings are less than the standard deduction amount.)

    Exception:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ do not consider the gambling losses O/D. See (7) below.

  5. When the TP is claiming gambling losses on Form 1040, Schedule A and, is not claiming any gambling winnings on Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent)AND there are no GAMBL IR(s):

    1. Select the Schedule A window and disallow the amount of losses the TP claimed by entering zero (0) in the GAMBLING LOSS OF OTHER MISC RECOMPUTED field.

    2. DO NOT adjust the GAMBLING LOSS OF OTHER MISC PER RETURN, TOTAL DEDUCTIONS fields.

    3. Send PARAGRAPH 144, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  6. When the TP claims more losses on Form 1040, Schedule A than winnings (on Form 1040, line 21(tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent)), take the following action:

    1. Select the Schedule A window and enter the allowable reported losses (up to the reported winnings PLUS any U/R gambling) in the GAMBLING LOSS OF OTHER MISC RECOMPUTED field.

    2. DO NOT adjust the GAMBLING LOSS OF OTHER MISC PER RETURN, TOTAL DEDUCTIONS fields.

    3. Send PARAGRAPH 42, see Exhibit 4.19.3-7, CP PARAGRAPHS.

  7. When the TP nets gambling losses against gambling winnings and either filed or did not file a Schedule A (or an attached Schedule A was not used because it was less than the standard deduction):

    Note:

    ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ consider the IR reported.

    1. Mark the GAMBL IR(s) U/R for the amount of loss claimed.

    2. Select the Schedule A window.

    3. If no Schedule A filed and the allowable gambling losses now exceed the standard deduction amount, enter a zero (0) in the GAMBLING LOSS OF OTHER MISC PER RETURN, TOTAL DEDUCTIONS fields. Include the gambling losses (up to the gambling winnings amount) in the GAMBLING LOSS OF OTHER MISC RECOMPUTED field. If appropriate, update any other fields in the Schedule A window.

    4. If Schedule A filed, DO NOT adjust the GAMBLING LOSS OF OTHER MISC PER RETURN, TOTAL DEDUCTIONS fields. Update the GAMBLING LOSS OF OTHER MISC RECOMPUTED field with the amount of the allowable losses.

    5. Send PARAGRAPH 42, (see Exhibit 4.19.3-7 , CP PARAGRAPHS.

      Caution:

      If the filing status is 3 and/or the TP checks the box on Schedule A, line 30 or writes "IE" (Itemized Elected) on the left dotted portion of Form 1040, line 40 (tax years 2017 and prior) or Form 1040, line 8 (tax years 2018 and subsequent), DO NOT adjust the Schedule A window. Consider the gambling U/R and send PARAGRAPH 42.

  8. If the TP filed a Schedule A, verify that the GAMBLING LOSS OF OTHER MISC PER RETURN and GAMBLING LOSS OF OTHER MISC RECOMPUTED fields contain the correct amounts.

  9. Verify the TOTAL DEDUCTIONS fields include the allowable amount of gambling losses. See IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - Schedule A window, for further instructions.

  10. If the TP did not file a Schedule A and gambling losses are less than the standard deduction amount, no entry is necessary on the Schedule A window. Send PARAGRAPH 42, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  11. Only TPs who conduct gambling as a business (in other words, "professional gamblers" ) are permitted to report gambling income and losses on a Schedule C. The TP may claim gambling losses only up to the amount of gambling income. If the TP claims gambling losses in excess of gambling income, disallow the portion of gambling losses in excess of income.

    1. Enter the total gambling losses claimed in the PRIM/SEC SCH C EXPENSE PER RETURN field of the MISC ADJUSTMENT/SCHEDULE C EXPENSE window.

    2. Enter the allowable gambling losses in the PRIM/SEC SCH C EXPENSE NOW field of the MISC ADJUSTMENT/SCHEDULE C EXPENSE window.

    3. Adjust SE tax as appropriate.

    4. Send PARAGRAPH 144, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

  12. If it appears that gambling is not the primary source of income for the TP (example: the TP lists their occupation as other than "professional gambler" and/or reports significant earned income from non-gambling sources), use the MISC ADJUSTMENT/SCHEDULE C EXPENSE window to disallow the expenses and income claimed on Schedule C. Take the following action:

    1. Enter a zero (0) in the MISC ADJUSTMENT PER RETURN field.

    2. Enter the gambling income reported on Schedule C in the MISC ADJUSTMENT NOW field.

    3. Enter the disallowed expenses amount as a positive amount in the PRIM/SEC SCH C EXPENSE PER RETURN field.

      Note:

      Expenses include total expenses and cost of goods sold.

    4. Enter the gambling income reported on Schedule C in the PRIM/SEC SCH C EXPENSE NOW field.

    5. Recalculate the SET window.

    6. Send PARAGRAPH 14, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    7. Include a Special Paragraph on the notice using the following verbiage as an example: "The Miscellaneous Adjustment included in this notice reflects the changes made to your Schedule C."

  13. GAMBL IRs may reflect W/H. See IRM 4.19.3.17.1 , Withholding - General, for further instructions.

  14. If gambling winnings are U/R, enter the return amount in the RETURN field on the Summary screen.

Cancellation of Debt (DBTCN) - General

  1. Cancellation of Debt is generally considered income to the TP if a debt owed to the Federal Government, financial institution, credit union or other creditor was discharged and is not otherwise excluded from gross income.

  2. Cancellation of Debt is reported on Form 1099-C, Cancellation of Debt.

  3. Cancellation of Debt is identified on the Case Analysis screen by the literal "1099C" in the DOC TYPE field and the literal "DBTCN" , "INTFG" , or "FMV" in the INCOME TYPE field. Only pursue DBTCN amounts.

Cancellation of Debt (DBTCN) - Analysis
  1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Send the FMV element of the IR on the notice.

  2. An IR with a literal of DBTCN may also have an identifiable event code "A" , indicating Bankruptcy or "D" , indicating foreclosure in the IND field under the PAYER section of the IR. These IRs are system deleted.

    Caution:

    If the IRs are not system deleted mark with Status Code "D" or "N" .

  3. If a DBTCN IR is system deleted ("X" ) and you can determine based on a dollar match or as identified by payer that the IR is reported, DO NOT allow credit for the reported amount(s) against other DBTCN IRs.

  4. Comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as DBTCN:

    1. Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent).

    2. Schedule C, Part I, line 6 (or Schedule C-EZ, line 1).

    3. Schedule E, Part I, lines 3 and 4.

    4. Schedule F, Part I, lines 3a, 4a, 5b, 6a, and 8; or, Part III, lines 39a - 43.

    5. Give credit for amounts computed or explained on an attachment that are identified as being from the same payer.

    Exception:

    If the TP reports the full amount of the IR and then zeroes it out, request the TP either get a corrected statement from the payer or submit a completed Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (And Section 1082 Basis Adjustment).

    Exception:

    If Form 982 is attached with an entry on line 2, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  5. If there are two DBTCN IRs with identical payer names and money amounts and one IR is for the primary TP and the other is for the spouse, delete one IR.

  6. If the TP reduces the reported DBTCN amount by the INTFG (interest forgiven) ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  7. If the TP indicates the DBTCN is not taxable under "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ "≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ " ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ delete the issue.

  8. Consider the DBTCN reported when, DBTCN is from a Student Loan, and the TP has indicated ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  9. The Federal Emergency Management Agency (FEMA), operating as a division of the U. S. Department of Homeland Security, has a national program to forgive amounts paid to TPs (incorrectly or due to fraud) who are unable to repay these amounts. These IRs are valid. Pursue any U/R amounts.

  10. The Mortgage Forgiveness Debt Relief Act of 2007 (Pub. Law 110-142) created an exclusion under sections 108(a)(1)(E) and 108(h) for discharged qualified principal residence indebtedness. For tax years 2018 and prior, this exclusion applies to qualified principal residence indebtedness that is discharged on or after January 1, 2007 and before January 1, 2018. This exclusion also applies to discharges on or after January 1, 2018, if pursuant to a written agreement entered before January 1, 2018.The maximum amount that can be treated as qualified principal residence indebtedness is $2 million ($1 million if MFS). TPs must file Form 982 to claim this exclusion.

  11. For tax years 2017 and prior, the Mortgage Forgiveness Debt Relief Act of 2007, generally allows a TP to exclude income from the discharge of debt on the TPs principal residence. Debt reduced through mortgage restructuring or loan modification programs qualify for the relief. The TP must file Form 982 to claim this exclusion.

  12. If the TP has received DBTCN from a Foreclosure or Repossession and the TP is personally liable (recourse debt), the amount by which the canceled debt exceeds the FMV of the property must generally be reported as ordinary income on Form 1040, line 21 (tax years 2017 and prior) or Form 1040 , Schedule 1, line 21 (tax years 2018 and subsequent).

  13. If the TP has received DBTCN from a Foreclosure or Repossession and the TP is not personally liable (non-recourse debt), the gain or loss is computed by comparing the balance of the loan amount with the adjusted basis.

    1. Losses are non-deductible, unless the property was used in trade or business or held for investment. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ . Send a Special Paragraph to inform the TP these losses are not deductible.

    2. Losses in excess of gains from sales of property used in trade or business are deductible as ordinary losses.

    3. Losses in excess of gains from sales of capital assets held for investment are deductible up to $3,000 ($1,500 if married filing separately).

  14. If the TP indicates that the income is not taxable because he/she is insolvent, (for example, Form 982, Box 1b, is checked or on an attached statement), the TP MUST provide a statement showing the amount of his/her insolvency. If the TP does not provide a breakdown of his/her assets and liabilities, DO NOT consider him/her to be insolvent. If no statement is attached send a Special Paragraph to request a statement of assets and liabilities using the following verbiage as an example: "The Form 982 you attached to your return indicates you were insolvent. In order to be considered insolvent, you must provide a statement of your assets and liabilities immediately before the debt was cancelled. You are considered insolvent only when your liabilities exceed your assets."

    Reminder:

    If sending the Special Paragraph because the TP indicates income is not taxable because he/she is insolvent, but does not provide a breakdown of his/her assets and liabilities, "toggle off" PARAGRAPH 72.

  15. The TP is considered insolvent if the net liability amount(s) shown on the attached statement is GREATER than the total fair market value of assets immediately prior to the debt cancellation.

    1. If the DBTCN IR amount(s) is less than or equal to the insolvency amount, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

    2. If the DBTCN IR amount(s) is more than the insolvency amount, the amount of the TP's insolvency must be considered. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

      Example:

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

  16. If the TP indicates that he/she did not report the DBTCN income because he/she filed for Chapter 7 or 11 Bankruptcy, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  17. If the TP states that he/she filed for either Chapter 12 or 13 of the Bankruptcy Code or does not indicate the Chapter, ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ send a Special Paragraph to the TP requesting the bankruptcy paperwork.

  18. If the TP indicates that the cancellation or discharge of debt was due to ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ .

DBTCN - Miscellaneous
  1. PARAGRAPH 72 automatically generates when DBTCN is U/R.

  2. If DBTCN is U/R, enter the return amount in the RETURN field on the Summary screen.

Taxable Grants - General

  1. A grant is subsidized financing paid by a federal, state, or local programs for energy conservation or production projects, and is income to the recipient.

    Exception:

    If there is an indication ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. Taxable grants are reported on Form 1099-G.

  3. Taxable grants are identified in the Case Analysis screen by the literal "1099G" in the DOC TYPE field and the literal "GRANT" in the INCOME TYPE field.

Taxable Grants - Analysis
  1. Compare GRANT amounts with entries on Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent), or an attachment to the return.

    • The amount must match within $1, or

    • Must be identified as grant income

  2. If there is an indication ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  3. If the payer is the US Department of Agriculture (USDA), compare grant amount(s) with entries on:

    1. Schedule F, lines 4a, 4b, 39a, or 39b.

    2. Schedule F, lines 8 or 43. The amount must match within $1 or be clearly identified as grants.

      Note:

      If a GRANT amount is partially reported on Schedule F, treat as self-employment income. Enter Income Identify Code "PF" or "SF" as applicable in the INC CD field on the Case Analysis screen.

    3. Form 4835, lines 3a or 3b.

Taxable Grants Miscellaneous
  1. 1099G IR(s) with GRANT amounts may reflect W/H. See IRM 4.19.3.17.1 , Withholding - General, for further instructions.

  2. Send PARAGRAPH 124, (see Exhibit 4.19.3-7 , CP PARAGRAPHS), only if the GRANT is related to education.

  3. When taxable grants are U/R, enter the return amount in the RETURN field of the Summary screen.

Substitute Payments in Lieu of Dividends or Interest (PLDIV)

  1. Substitute payments in lieu of dividends or tax exempt interest are made by a broker who transfers a TP's securities for use in a short sale and receives certain substitute dividend or interest payments on the TP's behalf while the short sale is open.

  2. Substitute payments in lieu of dividends or interest are reported on Form 1099-MISC and are identified on the Case Analysis screen by the literal "99MIS" in the DOC TYPE field and the literal "PLDIV" in the INCOME TYPE field.

  3. Compare PLDIV amounts with entries on Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent).

    • The amount must match within $1, or

    • Must be clearly identified as substitute payments in lieu of dividends income

  4. Send PARAGRAPH 41 when PLDIV are reported as interest or dividends. See Exhibit 4.19.3-7 , CP PARAGRAPHS.

  5. If PLDIV are U/R, enter the return amount in the RETURN field on the Summary screen.

Securities Sales - General

  1. Securities sales are the proceeds from transactions involving stocks, bonds, other debt obligations, commodities, or forward contracts.

  2. Securities sales income is reported on Form 1099-B and TPs are instructed to include these amounts on Schedule D /Form 8949, Sales and Other Dispositions of Capital Assets.

  3. Securities sales is identified on the Case Analysis screen by the literal "1099B" in the DOC TYPE field and the literal "STOCK" in the INCOME TYPE field. The 1099B IR also reflects the literal "BASIS" to reflect any cost basis reported by the payer, see IRM 4.19.3.8.23.1.1, Cost Basis - Analysis for additional information.

  4. There are four Category Codes for STOCK:

    • Category 31 contains 100 or fewer IRs with Schedule D filed.

    • Category 39 contains more than 100 IRs with Schedule D filed.

    • Category 61 contains 100 or fewer IRs with no Schedule D filed.

    • Category 79 contains more than 100 IRs with no Schedule D filed.

Securities Sales - Analysis
  1. ONLY screen STOCK IRs in Category 31, 39, 61 and 79. If the securities are asterisked in categories other than 31, 39, 61 and 79, the system marks the IRs with status code "X" . If appropriate, close the case with PC 2X.

    1. If the case is open in any other category, do not screen STOCK IRs.

    2. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  2. A CP 2501 must be the first notice sent if the net U/R from STOCK and BASIS IRs is $100,000 or more; otherwise, issue a CP 2000 Notice.

  3. Do not pursue negative STOCK amounts on 1099B IR(s).

  4. Generally, 1099B STOCK IRs contain a CUSIP (Committee on Uniform Security Identification Procedures) number. This number is usually nine characters long, consisting of alpha and/or numeric characters. The CUSIP number identifies the issuer of the security and the type of security. Alpha characters in the 7th and/or 8th position(s) of the CUSIP number denote fixed income obligation securities. Do not pursue unreported STOCK IRs that contain alpha characters in the 7th and/or 8th positions of the CUSIP number AND the STOCK IR amount is divisible by 50 (for example, the last two digits of the STOCK transaction amount ends in either "00" or "50" ). When the TP has reported these amounts, the IRs must be taken into consideration when determining the U/R amount.

    1. Be careful when determining the position of the CUSIP number containing the alpha characters. The first six digits represent the issuer number and the 4th and 5th and/or 6th positions may contain alpha character(s).

    2. Pursue STOCK IRs whose entity includes nontaxable Municipal Bond, tax free exchange or tax free unless the CUSIP number meets the conditions provided above.

  5. Some securities sales IR(s) appear to be duplicates because the account numbers, the amounts, AND the source (paper or tape) are identical. DO NOT consider these IR(s) as duplicates if the transaction (sales) dates, CUSIP number or item description shown on the IR(s) are different.

  6. The Tax Cuts and Jobs Acts of 2017 (TCJA) enacted December 2017, allows TPs to elect to defer capital gains invested in a Qualified Opportunity Fund (QO Fund). Depending on how long the investment is held, in addition to temporary deferral, taxpayers may exclude some of the capital gain as follows.

    • Temporary Deferral - Generally investors may elect to defer the recognition of capital gains invested into a QO Fund within 180 days of the date of the sale or exchange. The tax on the gain is deferred until the QO Fund investment is sold or exchanged, or by December 31, 2026, whichever is earlier.

    • Basis Increase - The TPs basis is zero at the time of the investment into the QO Fund. If the QO Fund is held for at least 5 years, then the basis of the QOF is increased by 10 percent of the amount of the deferred gain. If the QO Fund is held for at least 7 years, then the basis in the QOF increases by 5 percent of the amount of the deferred gain.I

    • Permanent Exclusion - If the investor holds QO Fund that originated with a deferred gain (for at least ten years), the investor is eligible to elect an increase in basis of the QO Fund investment equal to its fair market value on the date the Qualified Opportunity Fund investment is sold or exchanged. Thus, the appreciation on the investment is sold or exchanged. Thus, the appreciation on the inventsment in the QO Fund will not be subject to tax. I

      The sale or exchange of a stock invested in a QO Fund is reported on Form 8949or Schedule D; see (7) below.

  7. Compare STOCK amounts with entries on:

    Form/Schedule TY 2016 TY 2017 TY 2018
    Form 8949 Part II, line 1, column (d) (Long Term) Part II, line 1, column (d) (Long Term) Part II, line 1, column (d) (Long Term)
    Form 8949 Part I, line 1, column (d) (Short Term) Part I, line 1, column (d) (Short Term) Part I, line 1, column (d) (Short Term)
    Schedule D Part I, lines 1a, 1b, 2 or 3, column (d) (Short Term) Part I, lines 1a, 1b, 2 or 3, column (d) (Short Term) Part I, lines 1a, 1b, 2 or 3, column (d) (Short Term)
    Schedule D Part II, lines 8a, 8b, 9 or 10, column (d) (Long Term) Part II, lines 8a, 8b, 9 or 10, column (d) (Long Term) Part II, lines 8a, 8b, 9 or 10, column (d) (Long Term)
  8. Comparisons with the following entries must match within $1 or be CLEARLY IDENTIFIED as STOCK:

    1. Form 4797, Part II, line 10 and the TP has made a mark-to-market election.

    2. Schedule C, Part I, line 1 and the TP made a mark-to-market election. Send PARAGRAPH 117, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    3. Form 6252, Part I, line 5.

  9. If the TP reported STOCK on either Schedule C or Form 4797 and there is no indication that a mark-to-market election was made, see IRM 4.19.3.8.23.1.2, Day Trader Securities - Analysis.

  10. If Form 8949 (or a similar statement) is attached, use the following items when comparing the IRs to the return:

    • sales date

    • money amount

    • item description (brokerage name or actual stock name)

    • income identify code

  11. Individual STOCK IR(s) are screened using the following procedures:

    1. Mark the STOCK element with status code "U" .

    2. The Adjusted Gross Income window displays. Input/verify the fields.

    3. The COMPUTE SCHEDULE D LOSS window displays. IRM 4.19.7, IMF Automated Underreporter (AUR) Technical System Procedures - SCHEDULE D LOSS, to determine the correct field entries.

      Note:

      If there is U/R STOCK and the TP reports a capital loss on Form 1040, line 13 (tax years 2017 and prior) or Form 1040, Schedule 1, line 13 (tax years 2018 and subsequent), enter a zero (0) in both fields on the COMPUTE SCHEDULE D LOSS window. It may be necessary to blank out both fields first. This prevents the system from using losses in excess of $3,000 ($1,500 if MFS) to offset U/R Schedule D income. .

    4. The cursor returns to the IR CD field of the IR where it was before the windows displayed. This field is blank.

      Note:

      The Adjusted Gross Income and COMPUTE SCHEDULE D LOSS windows automatically display when a status code "U" is entered the first time. It is not necessary to subsequently access these windows unless the field entries need to be changed.

    5. Input a status code "U" , "R" , or "N" and the reported amount, if applicable, for the STOCK elements.

    6. The system uses the information on the COMPUTE SCHEDULE D LOSS window to determine the correct amount of Schedule D income. The total U/R Schedule D income amount is included in the TOTAL AGI CHANGE field on the Case Analysis screen.

  12. If you cannot match the individual IRs, take the following action:

    1. Group the IRs by payer and compare the total to the gross amounts reported by payer on Form 8949

      TY 2016 TY 2017 TY 2018
      Part I, line 1, column (d) (Short Term) Part I, line 1, column (d) (Short Term) Part I, line 1, column (d) (Short Term)
      Part II, line 1, column (d) (Long Term) Part II, line 1, column (d) (Long Term) Part II, line 1, column (d) (Long Term)
    2. Compare the group total to the total stock reported for that payer.

      Reminder:

      Use both short and long term stock sales amounts when making the comparison.

    3. If the group total amount is smaller, consider the stock reported.

    4. If the group total amount is larger, consider the difference underreported.

  13. If a breakdown of stock is not shown on the return or an attachment and there is more than one STOCK IR, take the following action:

    1. Group by income type income identify code (ST or SD) and compare the total to the gross amounts reported on Schedule D,

      TY 2016 TY 2017 TY 2018
      Part I, lines 1a, 1b, 2 or 3, column (d) (Short Term) Part I, lines 1a, 1b, 2 or 3, column (d) (Short Term) Part I, lines 1a, 1b, 2 or 3, column (d) (Short Term)
      Part II, lines 8a, 8b, 9 or 10, column (d) (Long Term) Part II, lines 8a, 8b, 9 or 10, column (d) (Long Term) Part II, lines 8a, 8b, 9 or 10, column (d) (Long Term)

      Note:

      The Group function is a tool to assist the TEs in computing the correct U/R amount. It may not be necessary to use the Group function if the correct U/R can be determined without it.

    2. Compare the group total to the total stock amount reported.

      Reminder:

      Use both short and long term stock sales amounts when making the comparison.

    3. If the group total amount is smaller, consider the stock reported.

    4. If the group total amount is larger, consider the difference underreported.

  14. If Stock Option Statements are attached to the return consider them during the screening process.

  15. When TPs exercise non-statutory (nonqualifying) employee stock options, the gain is reported as ordinary income. Employers include the exercised amount on Form W-2. Box 1 and identify the stock option amount in Box 12 using code "V" . The "V" Code displays on WAGES IRs with the literal VCODE. Delete fully U/R STOCK IR(s) when:

    1. There are 1-4 STOCK IR(s) (per TP) containing the payer name/item description that corresponds with the payer name on a WAGES IR AND

    2. Form W-2 Box 12 contains an amount with code "V" that is less than or equal to the total of STOCK IR amount(s).

      Note:

      See IRM 4.19.3.8.1.1(14) and (15), Wages - Analysis, for additional information regarding exercising of employee stock options.

  16. PARAGRAPH 24 automatically generates when STOCK is treated as ordinary income due to loss limitations. If the loss per return is less than $3,000 ($1,500 if MFS), toggle off PARAGRAPH 24 from the Summary screen

Cost Basis - Analysis
  1. ONLY screen BASIS IRs in Category 31, 39, 61 and 79. If the cost basis element is asterisked in categories other than 31, 39, 61 and 79, the system marks the IRs with status code "X" . If appropriate, close the case with PC 2X. If the case is open in any other category, do not screen BASIS IRs.

  2. The BASIS element displays income identify code of "SC" for Short-term cost basis or "LC" for Long-term cost basis.

  3. A CP 2501 must be the first notice sent if the net U/R from STOCK and BASIS IR(s) is $100,000 or more; otherwise, issue a CP 2000 Notice.

  4. If the STOCK element on an IR containing BASIS is fully UR, use the BASIS amount as the reported amount for STOCK and enter status code "N" or "D" on the BASIS element.

  5. If the STOCK element on an IR containing BASIS ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ "≡ ≡ ≡ " ≡ ≡ ≡ ≡ "≡ " ≡ ≡

  6. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

  7. If issuing a notice for STOCK and the BASIS amount was considered in determining the UR amount, mark the BASIS element(s) with Send Indicator S.

    Note:

    For TY 2017 and subsequent, the BASIS element(s) is systemically included on the notice when the STOCK element is marked with a "U" . Send Indicator "S" will not be reflected on the BASIS element of the IR on the Case Analysis screen and BASIS will not be displayed on the Summary screen; however, BASIS will be included on the notice.

Day Trader Securities - Analysis
  1. Transactions from trading activities are reported on Form 8949 (when the TP has NOT made a mark-to-market election per IRC 475) or on Form 4797 (when the TP has made a mark-to-market election).

  2. The gain or loss from the trading of securities is not subject to SE tax.

  3. TPs who engage in the business of buying and selling securities (such as, a trader or day trader) are allowed to claim business related expenses on Schedule C.

  4. Transactions from day trading activities are subject to the $3,000 ($1,500 if married filing separately) limit on capital losses UNLESS the TP made a mark-to-market election (IRC 475).

  5. If there is no indication that a mark-to-market election was made and the TP reports securities gains on Schedule C (Part I, line 7 is positive) or Form 4797 (Part II, line 10 is positive) and the securities are equal to or greater than the STOCK IR(s), consider the STOCK reported, otherwise the difference is U/R.

  6. If there is no indication that a mark-to-market election was made and the TP reports securities losses on Schedule C (Part I, line 7 is negative) or Form 4797 (Part II, line 10 is negative), take the following actions:

    1. If securities reported are equal to or greater than the STOCK IR(s), consider the STOCK reported, otherwise the difference is U/R.

    2. Disallow any losses in excess of $3,000 ($1,500 if married filing separately). Ensure that any capital losses reported on Schedule D are accounted for in determining the overall disallowed losses amount.

    3. Do not make any adjustments to expenses claimed on Schedule C, Part II, line 28.

    4. Do not make any adjustments to SE tax paid.

    5. Send PARAGRAPH 118, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

    6. Issue a CP 2501 if the U/R amount is $100,000 or more, otherwise issue a CP 2000.

Securities Sales Miscellaneous
  1. STOCK amounts may be taxed on Schedule D at the applicable capital gain tax rate. See IRM 4.19.3.14.2 , Sch D/8814/ECR Tax Window, for further instructions.

  2. In order for the system to compute the correct tax, the U/R STOCK amount(s) must contain an Income Identify Code. The Income Identify Code for STOCK IRs is defaulted to the appropriate Income Identify Code. The IR displays either a "ST" (Short Term Gain/Loss) or "SD" (Long Term Gain/Loss). Do not change the Income Identify Code during screening. See Exhibit 4.19.3-9, Income Identify Codes

  3. 1099B IR(s) with STOCK amounts may reflect W/H. If there is an indication that the securities account is jointly owned with someone other than the TP's spouse or the filing status is 3:

    Note:

    See IRM 4.19.3.5.3, Jointly Owned Income, for additional instructions on jointly owned income.

    1. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡

    2. Send PARAGRAPH 6, see Exhibit 4.19.3-7 , CP PARAGRAPHS.

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

    4. See IRM 4.19.3.17.1 , Withholding - General, for further instructions on W/H.

  4. PARAGRAPH 166 automatically generates when STOCK is U/R.

  5. If STOCKs are U/R enter, in the RETURN field of the Summary screen, the sum of Schedule D,

    TY 2016 TY 2017 TY 2018
    Part I, lines 1a, 1b, 2 and 3, column (d) and Part II, lines 8a, 8b, 9 and 10, column (d) Part I, lines 1a, 1b, 2 and 3, column (d) and Part II, lines 8a, 8b, 9 and 10, column (d) Part I, lines 1a, 1b, 2 and 3, column (d) and Part II, lines 8a, 8b, 9 and 10, column (d)

Bartering - General

  1. Bartering is an exchange of one TP's property or services for another TP's property or services. The fair market value of property or services received through barter is taxable income.

    Example:

    If a doctor agrees to give an accountant a medical exam in exchange for tax return preparation, the fair market value of the medical exam is taxable to the accountant, and the fair market value of the tax return preparation is taxable to the doctor

  2. If these exchanges occurred through a barter exchange, they are reported to IRS on Form 1099-B. Form 1099-B shows the value of cash, property, services, credits, or scrip received by the TP.

  3. Bartering is identified on the Case Analysis screen by the literal "1099B" in the DOC TYPE field and the literal "BARTR" in the INCOME TYPE field. Bartering is reflected in the Gross Receipts amount on the Income Comparison screen.

Bartering - Analysis
  1. Bartering income is reported on:

    1. Schedule C, lines 1 or 6 or C-EZ, line 1.

    2. Schedule F, lines 1a, 2, 3a, 3b, 7, 8, 9, 37, 42, 43, or 44. (Consider bartering reported here only if you can determine from the payer name or business activity that it is farm related income.)

  2. Comparisons for the following entries must match within $1 or be CLEARLY IDENTIFIED as BARTR:

    1. Form 1040, line 21 (tax years 2017 and prior) or Form 1040, Schedule 1, line 21 (tax years 2018 and subsequent).

    2. Schedule D.

      Note:

      Payers may erroneously report securities transactions as bartering since both income types are reported on Form 1099-B.

    3. Form 8949.

    4. Schedule E, lines 3 or 4.

    5. Form 4835, lines 2a or 2b, 6 or 7.

  3. BARTR is generally considered self-employment income. If there is reported BARTR on which the TP should have paid SE tax but did not, SE tax must be computed or recomputed if BARTR is asterisked or a notice is sent for another issue(s). Include the reported BARTR amount in the PRIM/SEC REPORTED SE INC NOT ON SE field(s) on the SE Tax window. See IRM 4.19.3.16.1 , Self-Employment Tax.

    1. Send reported BARTR IR elements on the notice when adjusting SE tax.

    2. If the BARTR amount is entered in the PRIMARY and/or SECONDARY REPORTED SE INCOME field in the SE Tax window in error, an unpostable condition will occur.

    3. Do not assess SE tax when BARTR is fully or partially reported on Form 4835, Schedule D, Form 8949, or Schedule E, Part I.

  4. Change the Income Identify Code on U/R BARTR IR(s) to "PF" , "SF" , "PB" , or "SB" as applicable.

  5. PARAGRAPH 126 automatically generates when BARTR is U/R.

  6. If BARTR is U/R, enter the return amount in th