- 4.75.10 Exempt Organization Pre-Audit Procedures
- 188.8.131.52 Program Scope and Objectives
- 184.108.40.206.1 Authority
- 220.127.116.11.2 Responsibilities
- 18.104.22.168.3 Program Controls
- 22.214.171.124.4 Acronyms
- 126.96.36.199.5 Related Sources
- 188.8.131.52.6 Use of RCCMS
- 184.108.40.206.7 RCCMS Tracking Codes
- 220.127.116.11 Definitions
- 18.104.22.168.1 Files
- 22.214.171.124.2 Systems
- 126.96.36.199.2.1 Integrated Data Retrieval System (IDRS) Terminology
- 188.8.131.52.2.2 IDRS Command Codes
- 184.108.40.206 Agent Workpapers
- 220.127.116.11.1 Workpaper Preparation
- 18.104.22.168.2 Standard Forms
- 22.214.171.124.3 Form 5464, Case Chronology Record (CCR)
- 126.96.36.199.4 Form 5772, EO Workpaper Summary
- 188.8.131.52.5 Form 5773, EO Workpaper Summary Continuation Sheet
- 184.108.40.206.6 Form 5774, Private Foundation Workpapers
- 220.127.116.11.7 Supporting Workpapers
- 18.104.22.168.8 Workpaper Format
- 22.214.171.124.9 Multiple Returns
- 126.96.36.199.10 Disclosure
- 188.8.131.52 General Audit Objectives
- 184.108.40.206 Overview of Pre-Audit and Pre-Field Visitation Procedures
- 220.127.116.11 Initial Analysis
- 18.104.22.168.1 Statute of Limitations
- 22.214.171.124.1.1 Determining the Statute of Limitations Expiration Date
- 126.96.36.199.1.2 Statute of Limitations: Assessment Statute Expiration Date (ASED) Alpha Code "PP"
- 188.8.131.52.2 Request the Determination Administrative File
- 184.108.40.206.3 Request and Review of IDRS Information
- 220.127.116.11.4 Filing Check
- 18.104.22.168.5 Review of the Classification Sheet or Referral Package
- 22.214.171.124.6 Organizational Requirements
- 126.96.36.199.7 Review of the Return
- 188.8.131.52.8 Research
- 184.108.40.206.9 Requesting Assistance from Specialists
- 220.127.116.11.9.1 SB/SE Excise Tax Assistance
- 18.104.22.168 Form 4564, Information Document Request (IDR)
- 22.214.171.124.1 Preparation and Discussion of the IDR
- 126.96.36.199.2 Content of IDR
- 188.8.131.52.3 IDR Follow-up
- 184.108.40.206.4 IDR Enforcement Process: Delinquency Notice
- 220.127.116.11.5 IDR Log
- 18.104.22.168.6 Organizational Documents
- 22.214.171.124.7 Accountants' Workpapers
- 126.96.36.199.8 Electronic Accounting Records
- 188.8.131.52 Initial Taxpayer Contact By Letter
- 184.108.40.206.1 Taxpayer Doesnt Respond to Initial Contact Letter
- 220.127.116.11.2 First Personal Contact by Telephone
- 18.104.22.168.3 Scheduling the Appointment
- 22.214.171.124 Powers of Attorney and Tax Information Authorizations
- 126.96.36.199.1 When to Secure a Power of Attorney or Tax Information Authorization Form
- 188.8.131.52.2 Comparison of Powers of Attorney and Tax Information Authorizations
- 184.108.40.206.3 Power of Attorney and Declaration of Representative
- 220.127.116.11.3.1 Verifying a Power of Attorney
- 18.104.22.168.3.2 Subsequent Power of Attorney and Declaration of Representative
- 22.214.171.124.4 Written Tax Information Authorization
- 126.96.36.199.4.1 Verifying Tax Information Authorizations
- 188.8.131.52.5 Processing the Power of Attorney or Written Tax Information Authorization Form
- 184.108.40.206.6 Verbal Tax Information Authorization
- 220.127.116.11.7 Examples
- 18.104.22.168 Receipt of Documents Before the Audit
- 22.214.171.124.1 Review of the Determination Administrative File
- 126.96.36.199.2 Receipt of the Financial Workpapers
- 188.8.131.52.3 Receipt of the Electronic Accounting Records File
- 184.108.40.206 Planning the Initial Interview
- 220.127.116.11.1 Formulating the Questions
- 18.104.22.168 Additional Issues
- 22.214.171.124.1 Locating the Taxpayer
- 126.96.36.199.2 Request for Transfer
- Exhibit 4.75.10-1 Cross Reference IRC of 1939 to IRC of 1986
- Exhibit 4.75.10-2 Basic IDRS Information for the EO Revenue Agent
- Exhibit 4.75.10-3 Examples of Proper Use of Alpha Code "PP" for EO Audits
- Exhibit 4.75.10-4 Sample Initial Information Document Request
- Exhibit 4.75.10-5 Sample Form 5772
- Exhibit 4.75.10-6 Sample Form 5773
- Exhibit 4.75.10-7 Sample Form 5464 Case Chronology Record
- Exhibit 4.75.10-8 Risk Analysis Examples
- Exhibit 4.75.10-9 Sample Risk Analysis Workpaper
- Exhibit 4.75.10-10 Form 14264 - Request for EP or EO Determinations Administrative File
- Exhibit 4.75.10-11 Sample Form 2848
- Exhibit 4.75.10-12 Correspondence Rules
Part 4. Examining Process
Chapter 75. Exempt Organizations Examination Procedures
Section 10. Exempt Organization Pre-Audit Procedures
August 03, 2017
(1) This transmits revised IRM 4.75.10, Exempt Organizations Examination Procedures, EO Pre-Audit Procedures.
IRM 4.75.10 provides guidelines and procedures for the pre-audit analysis of returns under the jurisdiction of TE/GE, EO Examinations.
(1) As of the publication of this manual, TE/GE is undergoing a restructure which will affect titles, authorities, and offices.
All references to The Examination Program and Review (EPR) and the authorities granted to the manager of that office will be changed, pending announcement for the authorized replacement.
All references to Examination Special Support (ESS) are changed to "EO Closing Unit," EGC 7997.
All references to "EO Examinations Classification" or "EO Classification-Referrals" are changed to "EO Referrals Group."
(2) Updated to meet the requirements of P.L. 111-274 (H.R. 946), the Plain Writing Act of 2010. The Act states writing must be clear, concise, well-organized, and follow other best practices appropriate to the subject or field and intended audience.
(3) Revised 188.8.131.52 to incorporate Service-wide Memorandum, Heightened Awareness, Sensitivity, and Understanding of Internal Controls, dated September 14, 2016.
(4) Expanded IRM 184.108.40.206 incorporate Interim Guidance Memorandum, New Process for Information Document Requests, Control No: TEGE 04-1116-0028, dated November 21, 2016.
(5) Expanded IRM 220.127.116.11 to incorporate Service-wide Policy Memorandum, Change in Policy on Initial Contact in Examination Cases, dated May 20, 2016.
(6) Expanded IRM 18.104.22.168 incorporate EO Examinations Program and Review (EPR) Alert, dated May 25, 2016, Initial Taxpayer Contact-Policy Change.
(7) Added IRM 22.214.171.124.2.3 to incorporate EO Examinations Programs and Review (EPR) Alert, dated July 21, 2015, IDRS - Notification of Change in Employee’s Status.
(8) Added IRM 126.96.36.199.2 to incorporate Compliance Strategies and Critical Initiatives (CSCI) Workplan Monitoring Alert, dated February 26, 2015, Tracking Codes.
(9) Added IRM 188.8.131.52.1.2 to incorporate Interim Guidance ASED Alpha Code "PP" , Control No: TEGE-04-0515-0011, dated May 5, 2016.
(10) Added new IRM Exhibit 4.75.10-3, Examples of Proper Use of Alpha Code "PP" for EO Audits.
(11) Renumbered and revised IRM Exhibit 4.75.10-4, Sample Initial Information Document Request.
(12) Renumbered and revised IRM Exhibit 4.75.10-5, Sample Form 5772.
(13) Renumbered and revised IRM Exhibit 4.75.10-6, Sample Form 5773.
(14) Renumbered and revised IRM Exhibit 4.75.10-7, Sample Form 5464, Case Chronology Record.
(15) Renumbered and revised IRM Exhibit 4.75.10-10, Request for EP or EO Determinations Administrative File.
(16) Renumbered and revised IRM Exhibit 4.75.10-11, Sample Form 2848.
(17) Updated all reference links.
This supersedes Interim Guidance Memorandum, New Process for Information Document Requests, Control No: TEGE 04-1116-0028, dated November 21, 2016.
This supersedes Interim Guidance Memorandum, ASED Alpha Code PP, Control No: TEGE-04-0515-0011, dated May 5, 2016.
Margaret Von Lienen
Director, Exempt Organizations
Tax Exempt and Government Entities
Purpose: This IRM provides procedures to be performed prior to the initial visitation for a field audit and/or as part of the initial steps in an office correspondence audit.
Audience: The procedures in this IRM apply to Exempt Organizations Examination employees in the following series:
Policy Owner: Director, Exempt Organizations.
Program Owner: Exempt Organizations.
The primary objective of the EO audit program is regulatory, emphasis on continued qualification of exempt organizations (Policy Statement 4-119). IRM 184.108.40.206.36.
IRC 7602 gives agents the authority to:
Audit any books, papers, records or other data necessary to complete an audit.
Take testimony under oath to secure additional information needed.
Issue summons for information necessary to complete an audit.
Ask about any offense connected to the administering or enforcing of the Internal Revenue laws.
Agents and managers are also responsible for being familiar with and acting in accord with taxpayer rights. See IRC 7803(a)(3).
During audit, agents are responsible for:
Analyzing returns assigned for audit.
Preparing an audit plan.
Identifying all potential issues disclosed on the return.
Setting the proper scope for the audit.
Asking appropriate questions during the initial taxpayer contact.
Preparing a clear, concise, and appropriate initial Form 4564, Information Document Request.
Requesting appropriate taxpayer documents to be received and reviewed in advance of the site visitation.
Developing appropriate interview and internal control questions prior to the field visit.
Agents are also responsible for being familiar with and acting in accord with taxpayer rights. See IRC 7803(a)(3).
Agents should consult the Related Sources listed in IRM 220.127.116.11.5 to ensure accurate case processing and consistent application of the law.
The table lists commonly used acronyms and their definitions.
Acronyms Definition ABA American Bar Association AIMS Audit Information Management System AMDISA Audit Management Display Information System ASED Assessment Statute Expiration Date BMF Business Master File BMFOLI Business Master File Online BRTVU Business Return Transaction View CAF Central Authorization File CAWR Combines Annual Wage Reporting CC Command Code CCR Case Chronology Record CD Compact Disc CFOL Corporate Files On-line CPA Certified Public Accountant DC Disposal Code DLN Document Locator Number DVD Digital Versatile Disc EIN Employer Identification Number EO Exempt Organizations EP Employee Plans FIT Focus on Issues and Technology FOIA Freedom Of Information Act GAAP Generally Accepted Accounting Principles HSPD Homeland Security Presidential Directive IRC Internal Revenue Code IDR Information Document Request IDRS Integrated Data Retrieval System INOLES Inquiry On-line Entity IRM Internal Revenue Manual IRPTRR Information Returns Processing Transcript IRS Internal Revenue Service IT Information Technology LB&I Large Business and International LUQ Large, Unusual and Questionable Items MF Master File MFT Master File Tax NMF Non Master File NRP National Research Program OCEP Office/Correspondence Examination Program Portable Document Format PII Personally Identifiable Information PIC Principal Issue Code POA Power of Attorney RCCMS Reporting Compliance Case Management System SAS Statement on Auditing Standards SB/SE Small Business and Self Employed SBU Sensitive But Classified SOL Statute of Limitations SRS Specialist Referral System TC Transaction Code TE/GE Tax Exempt and Government Entities TEFRA Tax Equity and Fiscal Responsibility Act of 1982 TEQMS Tax Exempt Quality Measurement System TIA Tax Information Authorization TIN Taxpayer Identification Number UBIT Unrelated Business Income Tax WebETS Web-based Employee Technical Time System W&I Wage and Investment
The following are related sources that provide guidance on the procedures outlined in this IRM section:
IRM 1.25.1, Practice Before the IRS, Rules Governing Practice Before the IRS.
IRM 4.10.3, Examination of Returns, Examination Techniques.
IRM 4.23, Employment Taxes.
IRM 4.75.5, EO Examination Procedures, Information Items.
IRM 4.75.11, On Site Examination Procedures.
IRM 4.75.12, Required Filing Checks.
IRM 4.75.13, Issue Development.
IRM 4.75.15, Closing Letters and Reports of Examination.
IRM 4.75.16, Case Closing Procedures.
IRM 4.75.21, EO Special Examinations Procedures.
IRM 4.75.22, EO Delinquent, Amended and Substitute for Returns Procedures.
IRM 4.75.27, EO Examination of Returns, Office/Correspondence Examination Program (OCEP).
IRM 4.75.31, Conversion of Returns Upon Revocation of Exemption.
IRM 4.75.32, Declaratory Judgement Cases and the Administrative Record.
IRM 18.104.22.168, Taxpayer Recording of Interviews.
IRM 10.8.10, Linux and Unix Security Policy.
IRM 11.3, Disclosure of Official Information.
IRM 21.3.7, Processing Third Party Authorizations onto the CAF.
IRM 25.6.23, Statute Controls in Examination and TE/GE Groups.
IRM 25.27.1, Third Party Contacts.
The Reporting Compliance Case Management System (RCCMS) is used to create and control audit cases.
Cases in RCCMS have an electronic copy of the return and / or related research material regarding the case.
Agents working cases may prepare, develop and store workpapers within the RCCMS system. Users may also make use of Microsoft Office software and Adobe pdf files, along with forms, letters, and templates in the RCCMS repository.
Agents may use Leadsheets, in RCCMS, which correspond to each section of Form 5773, EO Workpaper Summary Continuation sheet.
Agents may maintain in-process and completed workpapers in RCCMS and synchronize with the central database. The synchronization works as an automatic backup of stored data files in the central database server.
A RCCMS electronic case file should closely resemble a paper case file’s content. This includes all workpapers and pertinent source documents you use to determine whether there are any issues or changes that you’ll discuss or resolve before you close the case.
Compliance, Planning and Classification (CP&C) inputs tracking codes on all audit cases before they send them to the field.
The tracking codes identify an issue-category for risk-based compliance strategies approach to prioritizing EO audits.
The tracking codes were specifically created to monitor overall EO Examinations (EOE) performance in the following categories:
1001- Protection of Assets.
1002- Tax Gap.
1004- Emerging Issues.
CP&C also puts the tracking codes on the cover sheet in the audit case file.
Following are definitions of terms essential to use this manual.
"Primary Return" is the annual EO information return under EO jurisdiction around which other returns revolve. Primary returns report all aspects of an organization's financial and operational activities. The primary return also serves as the return-of-record for statute purposes. The following returns are primary return types:
Form 990, Return of Organization Exempt From Income Tax.
Form 990-EZ, Short Form Return of Organization Exempt From Income Tax.
Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Nonexempt Charitable Trust Treated as a Private Foundation.
Form 990-BL, Information and Initial Excise Tax Return for Black Lung Benefit Trusts and Certain Related Person.
Form 5227, Split-Interest Trust Information Return.
Form 1065, U.S. Return of Partnership Income (for IRC 501(d) apostolic organizations).
"Related Return" is any return of the same taxpayer. However, discrepancy adjustment returns and Forms 4720-A arising from transactions with the EO are treated as related returns for DC and PIC purposes. Related returns need not be of the same tax year as the primary return. Related returns include returns under the jurisdiction of employee plans and tax-exempt bonds. Related returns also include payee information returns and statements, such as Forms W-3 /W-2, Forms 1096 /1099 series, and includes returns such as Forms 8282, Forms 8899, etc., and secured converted returns.
"Case" is defined as the primary return (or other selected return) open for audit for one year (or tax period) plus other returns, if any, involving interrelated interests and/or transactions that require concurrent audits. Other returns include the taxpayer’s returns subsequent and/or prior to the primary return (or other selected return) and returns for related taxpayers for the primary year and subsequent and/or prior years.
"Exempt Organization" for this IRM includes organizations exempt from federal income tax under IRC 501, IRC 527, non-exempt charitable trusts described in IRC 4947(a)(1) and split interest trusts described in IRC 4947(a)(2).
"LUQ" is an acronym for large, unusual, and questionable items.
"National Standard Time Frames" are a set of time frames established to evaluate the quality of customer service provided during an audit. See IRM 4.8.3, Technical Services, Examination Quality Measurement Staff, Exhibit 4.8.3-1, Quality Attributes and IRM 22.214.171.124(7), Audits, Standard #7 Timeliness. The standard time frames are:
10 days for the agent to close agreed or no-change cases, counted from the first date that the agent receives the signed report back from the taxpayer or determines the case is no-change.
20 days for the agent to close unagreed cases counted from the final closing conference or after the closing conference was declined.
45 days between significant activity (30 days for OCEP audits).
10 days for the manager to initial/date the case file after receipt from the agent.
3 "business" days to respond to phone calls.
14 days to respond to correspondence.
"Scope" is the extent and boundaries of an audit. In the context of IRS audits, the scope of an audit incorporates the:
Objectives of the audit.
Issues identified in the pre-audit and during the audit.
Nature and extent of audit procedures to be performed.
Tax periods to be audited.
Identification of activities which the audit will or won't cover.
"Workpaper" is a document created by agents to document:
All audit procedures completed to test account balances being scrutinized.
The "facts, law, argument, taxpayer's position, government's position, and conclusions" of each issue raised.
Any analysis, analytical review, or computations completed to support a proposed adjustment.
"Information Document Request" (IDR) is Form 4564, Information Document Request. Agents give this form to taxpayers to request documents and written answers to questions. Agent’s mail, fax, or hand the form to the recipient.
See below additional definitions grouped for better understanding.
"Administrative File" refers to the file folders containing the:
Form 5772, EO Workpaper Summary.
Form 5773, EO Workpaper Summary Continuation Sheet.
Form 5774, Private Foundation Workpapers (private foundations only).
Form 5464, Case Chronology Record.
Correspondence exchanged with the taxpayer. For correspondence rules, see Exhibit 4.75.10-12.
"Administrative Record File" refers to the file folder(s) prepared for Counsel in declaratory judgment cases, which may apply to any organization exempt under IRC 501(c), due to the enactment of the PATH Act. See IRM 4.75.32, Declaratory Judgment Cases and the Administrative Record.
"Determination Administrative File" is a file Rulings and Agreements, EO Determinations, Cincinnati, Ohio keeps. It contains the:
Attachments to the application (articles of incorporation, charter, bylaws, etc.).
The initial determination letter (advance ruling letter, if applicable).
Any subsequent determination letters (final ruling letter).
Amendments to organizing documents.
Other historical information.
"EO BMF Extract" is a Business Master File (BMF) list of exempt organizations. The EO BMF Extract doesn’t include "self-declared" organizations. Refer to http://www.irs.gov/Charities-&-Non-Profits/Exempt-Organizations-Business-Master-File-Extract-EO-BMF.
"EO Select Check" is an on-line search tool that allows users to select an exempt organization and check certain information about its federal tax status and filings. Refer to http://www.irs.gov/Charities-&-Non-Profits/Exempt-Organizations-Select-Check. EO Select Check consists of three databases:
Organizations eligible to receive tax-deductible contributions (Pub. 78 data). Subordinate organizations in a group ruling aren't listed in this database. Refer to the EO BMF Extract.
Automatically revoked organizations (even if they subsequently acquire a new tax-exempt status).
Form 990-N (e-Postcard) filers and filings.
"On-Line SEIN" is a database containing images of all Forms 990, 990-EZ, 990-PF, 990-T, 4720, 1120-POL, and 8872. All images are scanned during processing in the Ogden Service Campus. No portions are redacted.
"Filed Forms 8871 and 8872" is used to search for and view copies of all submitted Forms 8871, Political Organization Notice of Section 527 Status, and Forms 8872, Political Organization Report of Contributions and Expenditures (both paper and electronic filings). Refer to http://forms.irs.gov/app/pod/basicSearch/search?execution=e2s1.
Suspensions Pursuant to IRC 501(p) is provided on-line at http://www.irs.gov/charities-non-profits/charitable-organizations/suspensions-pursuant-to-code-section-501p.
"IDRS" is the Integrated Data Retrieval System, a major application of databases and operating programs that support IRS employees working active tax cases. This system allows IRS employees to take specific actions on taxpayer account issues, track status and post transaction updates to the Master Files (MF). IDRS updates are done in both a batch process and through online interactive real-time programs Command Codes. Employees take actions via IDRS for:
Installment agreement processing.
Offers in compromise.
Penalty and interest computations and explanations.
Credit and debit transfers within an account.
Other related accounts and research of taxpayer accounts to resolve taxpayer inquiries and problems.
"AIMS" is the Audit Information Management System, which provides inventory and activity controls of active audit cases. AIMS links to IDRS to input status changes, adjustments, and case closing actions.
"RCCMS" is the acronym for the Reporting Compliance Case Management System. This system is used for electronic transmission of administrative files between the various audit functions (for example, classification to the audit group to the closing unit and then to special review) as well as the generation of workpapers.
"WebETS" is the acronym for the Web-based Employee Technical Time System. WebETS provides TE/GE employees a web-based application to:
"MF" is Master File, a record containing all information for the taxpayer’s filing of returns and related documents. MF can be specified further – such as Individual Master File, Business Master File, etc.
"BMF" is the Business Master File, which contains information on taxpayers who file business returns (940, 941, 990, 1120, 1065, etc.) and related documents.
"NMF" is the Non-Master File, which includes those returns that have not yet been programmed to the Master File (MF). This includes Forms 4720-A (MFT 66) and 990-BL (MFT 56). To obtain NMF transcripts, send a fax request using Form 10321, Fax Transmission Cover Sheet, to the IRS Accounting Operations Department, 201 W. Rivercenter Blvd, Covington, KY, 41011, 859-669-2959. To follow-up on a request, call 859-669-5498. An NMF account in IDRS is identified by the taxpayer identification number (TIN) followed by the letter "N" .
"Command codes" (CC) are used to access taxpayer account information through IDRS. The codes consist of five alpha characters in a specific input format. Specific information can be obtained through an additional character called a definer code.
"Definer codes" are typically alpha characters placed at the end of a command code to obtain more specific information.
"MFT" is short for Master File Tax, a specific type of account code required in each transaction to identify the specific type of return module to which a transaction is being posted. For example, Form 990 returns have an MFT of 67 and Form 990-T returns have an MFT of 34.
"Tax module" is the part of a taxpayer’s account which reflects tax data for one tax class (MFT) and one tax period. For example, a taxpayer has filed three Forms 990. The taxpayer has only one account, but three tax modules.
"Transaction Codes" (TC) are three-digit codes used to identify actions taken on a taxpayer’s account. Transaction codes are most commonly posted to specific tax modules.
"Document Locator Number" (DLN) is a controlled number assigned to every return or document input through the Account Data Processing system. The fourteenth (last) digit is the year of processing and is assigned by the Campus computer at the time of the original input.
The first five letters constitute the command code, and the sixth character is a definer code.
AMDISA (Audit Management Display Information System) displays a summary of the AIMS file.
BMFOLI (Business Master File On-Line) gives the status of entity and tax modules, tax module balances, posted return indicators, and IDRS service centers.
BMFOLO provides information on an exempt organization.
BMFOLR is the return information screen, containing a brief summary of key entries from the return.
BMFOLT provides a transcript of transactions on a tax module.
BMFOLU is used to view Combined Annual Wage Reporting (CAWR) information.
BMFOLZ is the audit history screen, displaying the closing codes and assessment amounts of prior audits.
BRTVU (Business Return Transaction View) provides an in-depth display of business return information. It is only available for the three most recent tax years.
INOLES (Inquiry On-Line Entity) displays the online entity screen, providing much of the same data as BMFOLO. It can be used for any individual or business.
IRPTRR (Information Returns Processing Transcript) provides a hardcopy printout of the requested information returns (Forms W-2, 1099, etc.) issued by an organization. For online transcripts of documents received by a taxpayer, IRPTRO is used.
TXMOD provides a history of a tax module, which can include campus notices issued.
For NMF transcripts, send a fax request to the IRS Accounting Operations Department, Covington, KY, 859-669-2959.
From the start to the finish of an audit, agents generate workpapers. Upon case assignments, they create case chronologies (Form 5464, Case Chronology Record), to document receipt of the files, before even reviewing the files.
Workpapers provide the principal support for the agent's report. They document the:
Audit tests performed.
Provide adequate documentation in the workpapers for any conclusions drawn.
Quality workpapers have the following characteristics:
Workpaper Quality Action Accurate Use the RGS system for adjustments to Forms 1040 and 990-T, and SB/SE employment tax Excel templates for employment tax assessments. Legible Generate all workpapers electronically, as they can be imported into RCCMS. Handwritten workpapers, while still permissible, are required to be legible to other readers. Scan (or digitally photograph) these workpapers to import them into RCCMS. Clear Note all steps taken to explain how the conclusion was reached. Concise Write concise entries in the Forms 5464 and 5773 (described below). If an entry requires in-depth explanations, create a separate workpaper. Organized Assemble closed case files per IRM 4.75.16, Case Closing Procedures. Properly Labeled Use RCCMS folders to organize the documents uploaded to RCCMS. See IRM 4.75.16. Professional Avoid prejudice, bias, or animus in any statements concerning any organizations or individuals. The organization can request a copy of the agent's workpapers through the Freedom of Information Act. Additionally, a court review of the workpapers and other IRS employee statements which are part of an administrative file could result in a finding against the IRS.
Workpapers serve multiple purposes, such as:
Helping reviewers, managers, or others in determining the sufficiency of the audit.
Providing a source of information for subsequent year audits.
Becoming a part of the administrative record, if shared with the organization, in the event the case is litigated.
Prepare separate case file folders if you audit multiple types of returns.
Keep all Forms 990 in one folder, place Forms 990-T in a separate folder, and place Forms 941 in another folder, each with their own separate sets of Forms 5772 and 5773. Include only one Form 5773, EO Workpaper Summary Continuation Sheet, in each folder. You don’t have to create a separate Form 5464, for each type of return because the form has multiple columns for the different types of returns for the same taxpayer.
See IRM 4.75.16 for instructions on case file assembly and guidelines on organizing electronic records in RCCMS.
Prepare workpapers from the moment the case is assigned through case closing. Record your actions as soon as you take them.
The workpapers consist of standardized forms (Forms 5772, 5773, 5464), agent generated supporting workpapers, and when appropriate, copies of documents or other materials secured during the audit.
Prepare the following standardized forms, listed in order of importance, for EO audit cases:
Form 5464, Case Chronology Record.
Form 5772, EO Workpaper Summary.
Form 5773, EO Workpaper Summary Continuation Sheet.
Form 5774, Private Foundation Workpapers (applicable in private foundation cases only).
Form 5773 and Form 5774 present an indexed system of the workpaper material. These forms are designed as working tools for pre-audit planning and to use during the audit. Their purpose is to organize the agent's workpapers, provide a summary of the findings, and provide reminders as to procedures to perform or issues to consider.
Use Form 5464 (CCR) to record actions taken on the case, contacts made, follow-up dates and time expended. The form is a historical record and a quick reference for Tax Exempt Quality Measurement System (TEQMS) attributes. Update the CCR at the same time you take actions.
Include on the CCR all direct audit time charged to the case. The time must agree with the direct audit time as reported on WebETS. When you’re ready to close the case reconcile the total time on the CCR and WebETS to the total time on Form 5599, EO Examined Closing Record.
Indicate on the CCR the date that you received the case and dates of pre-audit planning activities.
Include in the CCR, at a minimum, the following entries for pre-audit work:
Work you performed before taxpayer contact.
Date you put the case in status 12 on AIMS.
Dates IDRS and AIMS research are requested, received, and reviewed.
Dates of conversations with the organization's contact persons and/or representatives and their phone numbers.
Date you mail initial contact letter, initial IDR, and other enclosures.
Appointments scheduled including the date, place, time and contacts.
Include in the CCR, at a minimum, the following entries for work performed after initial contact:
Work you performed during and after taxpayer contact.
Dates of contacts with taxpayers, representatives, and third parties, whether in person or by phone.
Date of receipt and processing of Form 2848, Power of Attorney and Declaration of Representative, or Form 8821, Tax Information Authorization.
Date you toured the organization's site.
Dates you sent or received correspondence to/from the taxpayer and/or representative.
Date you issued and received Form 872, Consent to Extend Time to Assess Tax.
Dates you issued and followed up on subsequent IDRs.
Delays or lack of cooperation by the taxpayer and/or representative.
Explanations for delays of significant action on the case by the agent.
Explanations of any delays in completing the audit resulting from both actions by the IRS (training, details, etc.), and/or the taxpayer/representative.
Include in the CCR, at a minimum, the following entries for management involvement:
Description of group manager involvement, including informal discussions about case development and quality.
Dates of formal, in-process case reviews, on-the-job-visitations, and workload reviews. The group manager should notate the CCR at the time of involvement.
Date you closed the case to group manager.
Date group manager approved the case for closing.
Since it is part of the audit trail, the Form 5464 may be disclosed to the taxpayer under the Freedom of Information Act. Ensure entries are professional, accurate, and concise. If a CCR entry is lengthy (for example, a long phone call), place this information on a separate workpaper indexed to the CCR.
Properly document all delays in case the CCR is used in an interest abatement case. See IRC 6404(e) to determine if a deficiency is attributable in whole or in part to any unreasonable error or delay on the IRS’s part.
Use Form 5772 for pre-audit planning and as the first page of the workpapers. It contains a list of procedural and technical reminders. Review the list as part of the planning process and check the appropriate boxes to indicate those items to consider during the audit. If the item is checked on Form 5772, include it on Form 5773.
During the pre-audit, complete the following items on Form 5772:
Organization's name, address and EIN.
Return form number.
Year(s) under audit.
Items to consider.
Add additional items during the on-site audit and case closing, as needed.
See Exhibit 4.75.10-5, Sample Form 5772.
The Form 5773 is a vital element of the entire audit process. Use the Form 5773 to:
Provide summaries of the planned actions (pre-audit comments).
Record the procedures performed.
Discuss findings reached.
Document audit conclusions.
The header contains the name of the organization, the audit agent, and the page number of the Form 5773.
The table that makes up the main body of the workpaper is split into four columns:
The workpaper index.
The items to be verified.
The audit procedures and conclusions.
A. PREAUDIT Pre-audit Comments Review IDRS to verify information, and to correct if necessary. 1. IDRS Research [Confirm T/P Information] Verified the taxpayer's address. Reviewed the filing requirements, filing history, and EO information. 3.A.1
Each section of the main body of the Form 5773 contains pre-audit comments in each audit topic.
If blank, add proposed pre-audit comments on planned audit procedures.
If comments are listed, revise the comments, as applicable, to the type of audit, entity, and/or issues you expect to encounter.
In the subsections after the pre-audit comments, summarize the procedures you took and conclusions reached and have fully documented in a separate workpaper. Sometimes, you may not have a separate workpaper, as the findings may be summarized in a single sentence.
In section C-8, Legislative Activities, an agent notes that there were no legislative or lobbying activities conducted, nor legislative expenditures.
If an audit subtopic doesn’t apply, enter "Not applicable" or "N/A" in the blank audit procedure/conclusion cell (beneath the pre-audit comments), and explain briefly why it’s not applicable.
Use the fourth column to reference workpapers using an index.
Complete the relevant sections of Form 5773 as you complete each workpaper. If you later revise the workpaper, update the Form 5773 to make it consistent with the workpaper.
See Exhibit 4.75.10-6 for an example of a partially completed Form 5773.
Use this form in audits of private foundations. Prepare it in addition to the Form 5773.
Complete Form 5774 as follows:
Consider each "Action" under the "Examination Program Guide" and place an "X" or check mark in the appropriate block for each completed action.
Write a comment in the workpapers for each action you took.
Prepare workpapers describing the audit techniques, research conducted and the conclusions reached.
Your supporting workpapers consist of:
Descriptions of the issues identified on the Pre-Exam Issue Identification Sheet, in the pre-audit phase, and any pre-planned procedures.
Descriptions of the issues identified during the audit.
Documentation of audit techniques (taxpayer interviews, review of minutes, analysis of financial statements, etc.). Be specific as to what records you reviewed.
Summaries of information provided through interviews, minutes, etc., which you used to draw conclusions about exemption, tax gap, protection of assets other identified issues, or identified on the Pre-Exam Issue Identification sheet.
Copies of a taxpayer's records used in the analysis of books and records.
Use judgment in determining workpaper content. Every workpaper in the file should have some relevance to accomplishing the audit objectives.
It’s rarely necessary to have a large amount of transcriptions of minutes or governing instruments in your file. Prepare a brief description of the information in the governing instruments, minutes, etc. Documents can be scanned and saved as supporting documents, if necessary.
You may develop your own format, as long as you include all the necessary information and adequately document the actions you took.
Agent's workpapers format can vary. However, generally, each workpaper has the following:
A body and conclusion.
An index and file name.
Every schedule and workpaper in the case file should contain the following information in the heading:
Agent's initials and date can be on the top or bottom of the workpaper. These dates should reconcile to the dates documented on the CCR.
State in the body of the workpaper the audit steps and techniques you performed. Document the tests performed, procedures applied, and/or oral testimony received.
Include in the body of the workpaper any analysis of issues.
When developing a case for assessing unrelated business income tax, the agent's workpaper is titled Unrelated Business Income Computations. In the body of the document, the agent identifies the taxable revenues and related expenses, computes allocations of overhead expenses that are used for both exempt and non-exempt purposes, and calculates the total tax due.
Include in each workpaper, a conclusion summarizing the issue or line item verified and state what action, if any, is needed. If you have multiple workpapers for an issue or line item, state the conclusion on the last workpaper.
Index all workpapers. Use an index reference on the supporting workpapers that matches the Form 5773. It’s up to you where to place the index on the workpaper.
Number pages consecutively within each section. A workpaper on "Initial Interview" might be indexed C.1.1. If it requires more than one page, the next pages might be indexed C.1.2, C.1.3, etc.
When there are multiple returns in an audit, such as a Form 990 and a Form 990-T, prepare a separate Form 5773 and separate set of workpapers for each type of return.
The primary case file, generally the Form 990, should contain a complete set of workpapers that adequately addresses all issues raised. Related case files for Forms 990-T, 941, 940, etc. need only contain workpapers relevant to the issues on the related returns.
You may copy and include in the related case files relevant portions of the Form 990 audit file.
Secure confidential information for the case file from unauthorized disclosure. Generally, consider information that wouldn’t be disclosed to the taxpayer, if a request were made under provisions of the Freedom of Information Act (FOIA), as confidential or sensitive in nature.
Secure confidential information in "To be Opened by Addressee Only" envelopes. Use Form Other Gov TDF 15-05.11, Sensitive But Unclassified (SBU) Cover Sheet, to alert others to the sensitive nature of the information.
You can use Form Other Gov TDF 15-05.11 as a cover for the case file if it contains any information requiring protection.
The primary objectives for the audit of an exempt organization are to determine if:
The organization is organized and operated in accordance with its exempt purpose(s), thus continuing to be recognized as exempt from federal income taxes.
The Form 990, Form 990-EZ, Form 990-PF, or Form 5227 is complete, correct, and contains all public information required by IRC 6033.
The exempt organization has properly filed all returns and forms for which it is liable. See IRM 4.75.12, Required Filing Checks, for required filing checks.
The exempt organization or its related entities are liable for other taxes and if so, the correct amount of tax under:
IRC Section(s) Type of Tax 511-514 Unrelated Business Taxable Income 527(f) Political Activities (non-501(c)(3)) 3101, 3111 Federal Insurance Contribution Act (FICA) 3301 Federal Unemployment Tax (FUTA) 3402 Income Tax Withholding 3406 Backup Withholding 4401, 4411 Gaming Activities 4911, 4912 Lobbying Activities (501(c)(3)) 4940–4948 Transactions by Private Foundations 4951–4953 Transactions by Black Lung Benefit Trusts 4955 Political Activities (501(c)(3)) 4958 Excess Benefit Transactions 4959 Failures to meet the Community Health Needs Assessment Requirements (501(r)(3)) 4965 Tax Shelter Transactions 4966, 4967 Transactions by Donor Advised Funds 4976 Disqualified Benefits from Funded Welfare Benefit Plans 6033(e)(2) Lobbying Activities (non-501(c)(3)) (Proxy Tax)
If, after considering the statute of limitations (SOL) (see IRM 126.96.36.199.1), audit cycle, conflict of interest possibilities, consecutive audits, repetitive or prior audits, you decide to survey the return, see IRM 4.75.16, Case Closing Procedures, for survey procedures.
The pre-audit process consists of a number of phases:
Drafting the initial Form 4564, Information Document Request.
Completing and sending the appropriate audit letter.
Contacting the taxpayer.
Reviewing taxpayer documents received in advance of the visit.
Drafting the initial interview questions.
Drafting the internal controls questions.
As all cases are transmitted to and from the groups via RCCMS, all returns under audit can be provided as PDF files. These cases are worked within RCCMS, and in certain situations, can be closed as paperless files. Certain types of cases, such as referrals and claims, have historically been sent to groups with the paper referral and the original return.
Certain procedures that were traditionally acceptable, such as handwritten notes on IDRS prints and Forms 5773, aren't recommended. To ensure that a case can be closed as paperless, upload all workpapers to RCCMS. Include relevant copies of taxpayer documents and handwritten workpapers, if scanned or digitally photographed and uploaded as PDF files.
Time on pre-audit analysis must be commensurate with actions taken. Clearly explain each action and its need. Workpapers and conclusions for issues discovered during the pre-audit analysis become part of the case file.
An important thing to remember is there’s a difference between a preplanning and planning. Planning continues throughout the audit even though you’ve done the pre-audit analysis and a preplan. The initial plan may be amended and supplemented several times during the conduct of a typical audit.
A good pre-audit analysis saves time during the on-site audit by helping you:
Organize the work.
Recognize and concentrate on significant issues.
Prepare for the initial appointment.
Document the audit's course.
Ensure the application of quality audit standards.
The pre-audit analysis helps identify the facts you need to develop during the audit to resolve the identified issues.
Below are initial analysis steps, that are also found on Form 5773, EO Workpaper Summary Continuation Sheet. The steps are:
Determining the statute.
Requesting the determination administrative file from Cincinnati (optional).
Reviewing information from IDRS.
Analyzing the referral package and any documents received with the case.
Identifying the organizational requirements.
Reviewing the return(s) and any attached schedules.
Conducting research using additional sources.
Consider whether to consult a specialist on a particular issue.
The protection of the SOL is a high priority for all employees. Once assigned, you are primarily responsible for properly identifying the statute of limitation period in order to protect the government's interests. You are responsible for protecting the SOL on:
Any assigned returns.
Any prior or subsequent year returns if the adjustments to the audit year create adjustments for the prior or subsequent year and an audit of the prior or subsequent year is justified.
Any income, employment, or excise tax returns filed or required to be filed by the organization if the audit of a primary return may result in an adjustment to the tax liability on such tax returns.
Any income or excise tax returns filed or required to be filed by related individuals or entities, if the audit of a primary return may result in an adjustment to the tax liability on such returns.
As soon as a case is assigned, verify the SOL date. Ensure there’s sufficient time to conduct a quality audit. Verify the SOL date even if the physical return isn’t in the case file. Review the following sources, as appropriate, and document in the case file:
Received date stamped by the campus on the face of the original return.
Postmark date on the envelope in which the return was mailed, if attached.
If unable to determine the actual postmark date and/or received date, use the most conservative date.
Don’t initiate an audit of a return:
With less than 12 months remaining on the SOL.
That you can’t expect to complete within the current audit cycle.
If the criteria in (3) applies, but not conducting an audit may result in a. through d. below, get your group manager’s approval if you determine an audit should be done. Document the approval and basis for the decision in the CCR, the Form 5773, or a separate workpaper:
Serious criticism of the IRS’s administration of the tax law.
Inconsistent treatment of similarly situated taxpayers.
The establishment of a precedent that seriously hampers IRS subsequent attempts to take corrective action.
The loss of a substantial amount of tax revenues.
Control the SOL on each return assigned. Per IRM 188.8.131.52, Statute Controls in Examination, perform the following procedures for returns with less than 180 days prior to the statute expiration date. For EO purposes, do these actions when 270 days remain on the SOL:
Verify the statute date.
Flag the case.
Complete Forms 895, Notice of Statute Expiration.
Notify the group manager and taxpayer, as necessary.
Secure a consent to extend the statute when appropriate.
If you request a consent to extend the statute, advise the taxpayer of their rights to:
Decline to extend the statute date.
Request that any extension be limited to a specific period of time.
Request that any extension be limited to specific audit issues.
Give the taxpayer a copy of Publication 1035, Extending the Tax Assessment Period. Document actions you took in the case file.
If you discover a potentially expired SOL, complete Form 3999, Statute Expiration Report. If the statute expires after the case was assigned to you, complete Form 3999 explaining the facts and circumstances. If the statute expired before you received the return, prepare a preliminary Form 3999. Give it to your group manager. Group manager: forward the preliminary Form 3999 to the group/area that had possession of the return when the statute expired.
Total tax, penalty and interest is less than the amount stated in IRM 184.108.40.206.2.4 (2).
A case is no change.
A case is opened on AIMS after the statute has expired.
Exempt organizations required to file a primary return must file the return by the 15th day of the 5th month (4th month for Forms 5227 and 1065) after the close of their business year. See IRC 6033 to identify exempt organizations required to file primary returns.
The general rule for the SOL expiration date is three years from the due date of the return or the date filed, whichever is later.
The guidelines to determine the three year SOL for assessment are in IRC 7502. The law states that a timely mailed return is treated as timely filed. The Assessment Statute Expiration Date (ASED) is computed as shown below:
If the return is postmarked: And the return is received: The statute date is based on: On or before the normal due date Before, on or after the normal due date Normal due date After the normal due date (No extension) After the normal due date Service Center received date On or before the extension date (After the normal statute date) On or before the extension due date Service Center received date On or before the extension date (After the normal statute date) After the extension due date Postmark date After the extension date After the extension due date Service Center received date
For purposes of the SOL, IRC 6501(b)(2) provides a "deemed" filing date for taxes imposed by the following chapters of the Internal Revenue Code:
Chapter 3 - Withholding of Tax on Nonresident Aliens and Foreign Corporations.
Chapter 4 - Taxes to Enforce Reporting on Certain Foreign Accounts.
Chapter 21 - Federal Insurance Contributions Act.
Chapter 24 - Collection of Income Tax at Source on Wages.
If a Form 941, Form 943, Form 944, Form 945, or Form 1042 for any period ending with or within a calendar year is filed before April 15 of the succeeding calendar year, the return is considered filed on April 15 of such calendar year. If the return is filed after April 15 of the succeeding calendar year, the period of assessment is three years from the date the return is filed 26 CFR 301.6501(b)-1(b).
The SOL expiration date is extended from three years to six years in the following circumstances:
Income Taxes: If the taxpayer omits from gross income an amount properly includible in excess of 25 percent of the amount of gross income stated in the return, the tax may be assessed without obtaining an extension, at any time within six years after the return was filed. See IRC 6501(e)(1) and 26 CFR 301.6501(e)-1(a).
IRC 4940 Tax: If a private foundation omits from its primary return tax imposed by IRC 4940 an amount of tax properly includible which is in excess of 25 percent of the amount of tax imposed by IRC 4940 which is reported on the return, the tax may be assessed at any time within six years after the return was filed. If a private foundation discloses in its return (or in a schedule or statement attached thereto) the nature, source, and amount of any income giving rise to any omitted tax, the tax arising from such income is counted as reported on the return in computing whether the foundation has omitted more than 25 percent of the tax reported on its return. See 26 CFR 301.6501(e)-1(c)(3)(i) and IRC 6501(e)(3).
IRC Chapter 41 and 42 Excise Taxes (Other than IRC 4940): If a public charity or a private foundation, trust, or other organization, as the case may be, fails to disclose an item subject to tax under IRC 4911, IRC 4912, IRC 4941(a), IRC 4942(a), IRC 4943(a), IRC 4944(a), IRC 4945(a), IRC 4951(a), IRC 4952(a), IRC 4953, and/or IRC 4958 in its primary return (or a schedule or statement attached thereto), the tax arising from any transaction not disclosed may be assessed at any time within six years after the return was filed. See IRC 6501(e)(3), 26 CFR 301.6501(e)-1(c)(3)(ii).
As a general rule if no return is filed, the SOL doesn't start to run. Primary returns filed by a public charity, private foundation, or non-exempt charitable trust are an exception to the general rule as the filing of a primary return by these entities starts the running of the SOL for some income and excise tax returns in the circumstances described below:
The filing of a primary return which discloses sufficient facts to apprise the IRS of the potential existence of unrelated business taxable income begins the running of the period of limitations on assessment of tax on Form 990-T. Rev. Rul. 69-247, 1969-1 C.B. 303.
The filing of a primary return which discloses sufficient facts to apprise the IRS of the potential existence of tax on political expenditures may begin the running of the period of limitations on assessment of tax on Form 1120-POL even though Form 1120-POL was not filed based on the rationale applied to unrelated business income in Rev. Rul. 69-247.
A primary return filed by a public charity, a private foundation, a non-exempt charitable trust, or a IRC 501(c)(4) starts the running of the period of limitations on the assessment of excise tax on a Form 4720 filed or required to be filed by the organization, private foundation or trust and on Forms 4720 filed or required to be filed by foundation managers and/or disqualified persons. The filing of the primary return starts the running of the period of limitations on assessment of excise tax on Form 4720 even if the transaction, act, or failure to act that gives rise to the excise tax on Form 4720 isn’t disclosed on the primary return. The filing of a Form 4720 by the organization, foundation manager or disqualified person doesn't start the running of the SOL. See IRC 6501(l)(1) and 26 CFR 301.6501(n)-1.
The filing of a primary return by a taxpayer, who determines in good faith that they are an exempt organization under IRC 501(c), starts the running of the SOL, if the organization is later held to be a taxable organization. See IRC 6501(g)(2) and 26 CFR 301.6501(g)-1(b). (Applies to both organizations ruled as exempt by EO Determinations and to AIMS status 36 cases.)
The filing of a Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or 990-EZ, doesn't start the running of the SOL. The Form 990-N is recorded on BMFOLT with a Transaction Code (TC) 150 and a Document Locator Number (DLN) sequence that begins with "93489" . The Form 990-N isn’t actually a form, and doesn't constitute a return for statute purposes. However, for DC purposes, Form 990-N is treated as a primary return.
An "amended return" doesn't extend the statute expiration date unless the return meets both of the following conditions:
An income tax return received within 60 days before the ASED.
The amended return shows the taxpayer owes additional tax.
If an amended return meets both conditions in IRM 220.127.116.11.1.1 (9), the assessment period is extended to 60 days after IRS receives the amended return. See IRC 6501(c)(7).
A "substitute for return" prepared by the IRS, under the authority of IRC 6020(b), is treated as if no return was filed. If a taxpayer signs an IRS prepared return, it becomes a regular return and the SOL begins on the signature date.
An "incomplete" return may not start the running of the SOL. Under the present case law, the following factors must exist for the return to be "valid" :
There must be sufficient data to calculate the tax liability.
The document must purport to be a return.
There must be an honest and reasonable attempt to satisfy the requirements of the tax law.
The taxpayer must execute the return under penalties of perjury.
These factors don't take into account the processing concerns that an incomplete return presents for the Service. Therefore, approach any question concerning the validity of a return missing a form or schedule with the presumption that there’s sufficient data to calculate the tax liability.
See IRM 25.6.23, Examination Process - Assessment Statute of Limitations Controls, for additional guidance concerning statutes.
Use ASED alpha codes to indicate that special conditions exist that affect a statute expiration date. See IRM Exhibit 25.6.23-3, Instructions for Updating the Statute on AIMS.
If authorized, you can use alpha code "PP" for TE/GE non-taxable returns, if there is no income tax, such as an MFT 67 converted to a taxable return.
The authority to approve updating the ASED to alpha code "PP" is granted as follows:
Authority # Authority Delegated to Approving Documents 1 Form 990-N Group Manager On Form 895 2 Form 990 or Form 990-EZ.
• IRM 18.104.22.168.22.214.171.124
• IRM 126.96.36.199.188.8.131.52
• IRM 184.108.40.206.220.127.116.11
Area Manager On Form 895
Memorandum of Explanation
3 Form 990 or Form 990-EZ in Mandatory Review’s inventory The Manager, Mandatory Review with returns in his/her inventory with less than 270 days remaining before ASED. On Form 895
You must satisfy the following conditions before using alpha code "PP" :
Only Form 990 or Form 990-EZ is eligible. Don’t include those filed by private foundations by mistake.
Timeframe — The area manager must receive your request to use alpha code PP within a window of time that is no less than 60 days remaining on the statute, andno more than 270 days remaining on the statute.
You’ve made all reasonable attempts to extend the ASED and you documented the reasons for not extending.
You are certain the Form 990 or Form 990-EZ won’t convert to a tax return (Form 1120, 1041 or 990-PF).
You are certain that if there is to be a converted return, the tax will be within the tolerance described in IRM 18.104.22.168.2.4 (1)a.
You have a valid reason to keep the Form 990 or Form 990-EZ audit open. Simply needing or wanting more time to close an audit without further justification isn’t a valid reason to use alpha code PP.
A valid reason includes your need to further develop the facts for the audits of related returns, which are best gathered within the context of the Form 990 audit. Note than an audit of a related return could affect the findings of the Form 990 audit.
Follow the steps below for obtaining approval to use alpha code PP:
Agents. Obtain Area Counsel’s written opinion on the use of alpha code PP. Area Counsel requires 45 days to provide a written opinion. Submit your request for a written opinion in enough time to allow your manager to comply with the timeframe window in the previous paragraph.
Agents. Prepare, sign and date a "memo of explanation" certifying that the conditions in the previous paragraph were satisfied (except for the timeframe condition).
Group Managers. Within 7 calendar days of receipt, approve the request by signing and dating the memo. Submit the memo to the area manager. The area manager won’t accept a request if it isn’t received within the timeframe window in the previous paragraph.
Area Managers. Within 7 calendar days of receipt, approve the request by signing and dating the memo. A non-response is not approval.
Agents. If approved, immediately update the statute date to alpha code PP on AIMS, RCCMS and on Form 895. Attach the memo to Form 895 and log the approval on Form 5464.
Include the following items in "Memo of Explanation" :
The returns and years for which alpha code "PP" is requested
Estimate of any penalty for each return, and a description of reasonable cause if so established
Actual statute expiration date for each return
The reason for the request to use alpha code "PP"
The audit steps and issues that remain, and an estimated closing date
The dates a statute extension was solicited
An explanation why a statute extension wasn’t needed or wasn’t executed after extension requests
Statement of certainty the Form 990 or 990-EZ won’t result in a converted tax return
If there will be a converted income tax and penalty, an estimate of the tax and penalty. See IRM 22.214.171.124, Determination of Tax Liability
Signature lines for the agent, group manager, and area manager
Attach area counsel’s written opinion
The use of alpha Code "PP" doesn’t relieve you from carefully monitoring normal statute expiration dates for all examined returns.
When an organization applies for exempt status, the application, related paperwork, and the disposition of the application are retained. This file is referred to as the "determination administrative file." In the pre-audit planning stage, secure and request a copy of the organization's determination administrative file. This helps you determine whether the organization is operating in the manner for which it was originally given exemption.
See Exhibit 4.75.10-10 for the request Form 14264, Request for Employee Plans or Exempt Organizations Administrative File.
Cincinnati will send the determination administrative file via OCS, CD-ROM, or secured email.
Receipt of the determination administrative file isn’t necessary before the initial contact. When you receive the file see IRM 126.96.36.199.1.
For basic information on EO audits and researching the IDRS account information, see Exhibit 4.75.10-2. Agents without IDRS access are to use the forms listed in the exhibit to request basic information and submit to their manager for approval. The manager then forwards the form to a designated individual with IDRS access to do the research.
At a minimum, IDRS research requests should include AMDISA, BMFOLO/INOLES, BMFOLI, and BMFOLT. BMFOLR, BRTVU, and BMFOLU as needed to provide supplemental information. For specific command codes, use the IDRS Command Code Job Aid, at http://serp.enterprise.irs.gov/databases/irm-sup.dr/job_aid.dr/command-code.dr/idrs_command_codes_job_aid.htm.
Use the table below to see common command codes and the information they produce:
Use Command Code: Verify These Items: AMDISA
Establishment of the case on AIMS
Return received date
Current name of the organization
Address of the organization
Group exemption number (GEN)
Foundation status (if applicable)
Ruling date of the determination letter
Pension plan indicator
National Taxonomy of Exempt Organizations (NTEE) code
Find the NTEE codes at http://nccs.urban.org/classification/NTEE.cfm, which provides an overview of the NTEE system, a search engine, and a full list of the NTEE codes.
Which returns were filed.
Which returns have a current balance due.
Which returns have been fully paid.
Which returns are delinquent.
The existence of civil penalties.
Return received date.
Amount of tax paid.
Determine if there is an amended return available.
Whether penalties have been assessed.
Whether there is a representative on file in the Central Authorization File (CAF).
To obtain NMF transcripts, fax request using Form 10321, Fax Transmission Cover Sheet, to the IRS Accounting Operations Department, 201 W. Rivercenter Blvd, Covington, KY, 41011, 859-669-2959. To follow-up on a request, call 859-669-5498. Identify an IDRS NMF account by the Taxpayer Identification Number (TIN) followed by the letter "N."
The explanation of the codes displayed in BMFOLO and INOLES can be found in Document 6379, Exempt Organizations Management Information Systems Codes.
Verify the taxpayer filed all returns they are liable to file, including prior and subsequent year returns.
Determine if the organization has any past due balances. If they do, this might be something to investigate further during the audit. Consider whether inurement or private benefit played a role in the organization being unable to pay the balance.
Consider all returns filed by the taxpayer. Some may not necessarily appear under filing requirements. These include related entity returns, employment tax returns, information returns, excise tax returns, pension plan returns, and political returns. This is important when drafting the initial IDR.
Use three additional command codes depending on the issue(s) presented in the case file. These command codes are BMFOLU, PMFOLS, and IRPTRR.
BMFOLU provides the Combined Annual Wage Report information, matching the Forms 941 to the Form W-3 and the Forms W-2. If Forms 941 have been filed, the second through fifth screens give the tax amounts reported each quarter, and the sixth screen provides the total number of Forms W-2 filed.
PMFOLS displays the total amounts reported on the Payor Master File system, presenting the total compensation paid on Forms 1099.
IRPTRR is used to request transcripts of any and all information returns, such as Forms W-2 and 1099.
IRPTRR prints can be sent to the RICS (Return Inventory Control System) using destination code R. To get IRPTRR prints sent to RICS, contact an audit Planning and Review analyst.
Document the pertinent information reviewed and conclusions reached. You may document this information in a pre-audit workpaper, on the IDRS/AIMS printouts, or in the appropriate sections of Form 5773. If marked on the IDRS printouts, scan and upload the documents to RCCMS, unless the markup is performed within a PDF file.
A filing check is verifying the filing of a return.
A filing check can be as simple as reviewing IDRS printouts with return information, such as BMFOLI and BMFOLU, but may also include inspecting filed returns, BRTVU prints or images of filed returns, obtained first from non-taxpayer sources.
Conduct filing checks for both full scope and focused audits.
Determine whether the taxpayer complies with federal tax and information return filing requirements.
Ensure returns within the taxpayer’s sphere of influence have been filed.
Assess audit potential.
A filing check is used to determine voluntary compliance with filing requirements.
Requires minimal time.
Doesn’t require a supplemental workpaper, but an explanation of the work completed on Form 5773, Section G.
May include the inspection of actual returns, BRTVU prints or images of filed returns, obtained from non-taxpayer sources.
Always required for annual returns and notices and employment tax returns.
Review other documents that accompany the return, including:
Other information, such as referral packages.
If items are identified on the Classification sheets, document the decision as to whether to audit the items.
If the audit is a referral, consider what information to obtain to address the issues raised and determine the viability of the referral. Consider a third-party contact with the informant if warranted.
If the group receives a fed/state referral case per IRM 188.8.131.52:
The group manager immediately evaluates the case, and per the Annual Examination Program Priority Memorandum, assigns it to a revenue agent.
The audit group manager and agent determine the appropriate audit technique.
A referring official may invite the IRS to review and copy documents in the fed/state official investigative files. The assigned agent coordinates with the EO Fed/State Liaison to do this.
Before you review a primary return, or Form 990-T, it is important for you to become familiar with the requirements for exemption for that entity, as well as any related issues of a taxable nature (employment taxes, unrelated business income, excise taxes, etc.).
Create a workpaper briefly documenting the various requirements and audit guidelines for the type of organization. Include a brief summary of the key requirements on Form 5773.
Review the return for completeness to determine if all required line items and attachments are present. If information is missing, make a note to question the organization and organization's representative and obtain it.
Review schedules, statements, extensions and return attachments for questions and possible issues:
Do the yes/no questions raise any issues?
If the organization is a public charity, is the public support schedule complete?
Does the taxpayer information agree with the EOBMF information?
Was the return timely filed? If not, did they obtain as approved extension?
Use Form 5773, to note potential audit concerns as you review the return.
Review the organization's statement of accomplishing its program services.
Analyze the income sources such as "other revenue."
Review the compensation section.
Is compensation reasonable?
Are there questionable sources of compensation?
Consider any LUQ items (see IRM 184.108.40.206 (6)). The definition of LUQ items depends on the perception of the return as a whole and the separate items that make up the return. These include income, disbursements, assets, liabilities and fund balance. Document the reason for any LUQ item that wasn’t considered an issue. LUQ items fall into at least four categories:
Dollar amount - The item may be a large dollar amount or it may be unusual or disproportionate to the income or disbursements shown on the return. It might be a large or unusual expense for the type of organization.
Description on the return - It may not be possible to determine the validity of the item based on the way it is described on the return.
Presence on the return - Some items shown on the return invite close scrutiny simply because they are there.
Absence from the return - An item may be unusual because it doesn't appear on the return.
Review the return for missing items. Are items that you would expect to find on the return not there? Check the math. What appears to be an error may actually indicate a missing item.
Look for indications of activities that may affect exempt status or tax liability.
Obtain the prior and subsequent years' returns from On-Line SEIN, either by your own direct authorized access, or by asking your manager, who assigns the request to an authorized employee to retrieve the files and print them to PDF.
Using the Forms 990, complete an analysis, comparing the changes in the revenues, expenses, assets, and liabilities over the three-year period, looking to identify any large or questionable differences. Recognize any trends, either positive or negative, that are present or developing during the three years.
Make note of any items identified that you should incorporate in the initial interview.
A full scope audit requires the agent to consider all classified issues, large unusual and questionable (LUQs) items, and item categories on Form 5773 to determine compliance.
A full scope audit doesn’t mean all issues and items warrant an in-depth review, only that you consider all issues and items with written comments, to determine which items do require an in-depth review.
Full scope audits are performed only when the facts and circumstances warrant (such as fraud, egregious non-compliance, undisclosed transactions and certain training cases) or when directed.
A focused audit is limited to one or more issues that have been pre-identified during a return’s screening, classification or selection process and consideration for LUQs.
It may or may not include an inspection of organizing documents.
Every audit is a focused audit, unless directed to conduct a Full Scope audit.
Risk analysis is a subjective process that compares the potential benefits to be derived from auditing an item to the resources required to audit the item.
There is no standard format for a risk analysis. However, any risk analysis includes considering the following:
Key element Description Workpaper reference This ties the risk analysis to the audit plan and/or workpapers. Description of the LUQ A brief, but clear description of the issue should be provided. Materiality of the issue An assessment of the various relevant materiality factors considered. Estimated time to complete An estimate of the time it may take to audit the issue. Estimated completion date The estimated date by which the audit of the item should be completed. Prioritization The prioritization of the LUQs, often from lowest to highest priority based upon materiality. Decision to or not to audit an LUQ A clear yes or no as to whether the issue is to be audited. Reasons for selection or non-selection of LUQ for audit Comments and information on why an issue was or wasn’t selected for audit. This is also an excellent place to provide any materiality thresholds that are to be applied to LUQs selected for audit.
Both the agent and the manager are responsible to do a risk analysis on every field audit case. The level of the sophistication of risk analysis depends on the case’s size and complexity and resources being considered for the audit. Depending upon the circumstances, this may range from notations in the CCR or workpapers to a formal risk analysis document.
Materiality is used in risk analysis to prioritize the issues and LUQ items being considered, and to focus on the items of greatest compliance concern. Materiality is both a qualitative and quantitative assessment we use to identify items which are most relevant and consequential in determining:
Continued tax exempt status.
Overall accuracy and completeness of the primary EO information return (Form 990, 990-PF, etc.).
Correct tax liability (income, employment, excise).
The process of evaluating materiality should be consistently applied, but the result is different for each case. Absolute parameters can’t be established or used for every case because of the differences in size, complexity, and exempt status of the organization’s returns being audited, as well as the differences in the experience and professional judgment of the agents and managers.
In assessing an issue or LUQ’s materiality, consider the factors listed below. This isn’t an exhaustive list and there may be other relevant materiality factors that you should consider.
Factor Consider Significant dollar impact
Dollar value of item (sheer size of an item often has a direct impact on materiality).
Relative dollar value of an item (% of assets, income, expenses, etc.).
The item’s potential to affect tax exempt status.
The item’s potential to affect the overall accuracy of the return being audited.
Adjustments in tax (990-T, 990-PF, 940, 941, etc.).
Future compliance impact (immaterial in the current year, but significantly more material in future years – for example, a net operating loss).
Duration of issue
Does the issue extend to years beyond the year being audited, or is it a one time event?
Permanency - is the adjustment permanent or will it reverse itself in the future?
Timing (for example, items of income or deduction reported in the wrong year).
Sensitivity or industry issue
Abusive tax avoidance transactions.
Industry or emerging issues.
Market segment study.
Estimated time to develop issues
Outline approach to develop issue.
Estimated hours to develop issue.
Black and white issue.
Not material, but failure to audit would be contrary to public or service policy (for example, discrimination).
For examples of the use of risk analysis, see Exhibit 4.75.10-8.
Research all issues that appear likely to arise based on your review of the return and determination administrative file to the extent necessary to develop the pre-audit plan. Although it’s important to become familiar with identified issues, especially issues that haven’t been previously audited, it is equally important not to expend a large amount of time researching an issue that may become a non-issue once the audit is in process.
In your post of duty, you have hardcopy research materials and you have electronic research resources. Some of the electronic research tools currently available:
WestlawNext™, WestlawNext Tax TM and LexisAdvance TM service allows you to research tax law research, for example, the Internal Revenue Code, the IRM, Legal Decisions, News, etc.
Accurint™ Discovery and Probe services offer resources for finding people and businesses and their assets. By automatically searching a variety of databases (Real Property, Motor Vehicle, Social Security, Coast Guard, etc.), the system generates reports giving information on addresses and property owned.
IRS.gov provides current tax information, tax forms and publications and has other information including an on-line searchable version of organizations eligible to receive tax-deductible contributions, and "Tax Stats" an area that gathers all exempt organization information from the Martinsburg master file by district office, state and region and is updated monthly.
The Statistics of Income Division of the IRS manages the scanning of all Form 990, 990-EZ, 990-PF, 990-T and related tax returns. The images are available to internal users and to the public in various formats. To retrieve information authorized requesters use the On-Line SEIN system. On-Line SEIN gives internal IRS users access to the original 990, 990-EZ, 990-PF, and related tax return images, both paper and e-filed, from 2002 - present. Access to On-Line SEIN must be requested via the Online 5081 system.
TE/GE Connect provides interim guidance, alerts and memos.
State Agencies - In certain audits, it is prudent to check state, county and local departments that have jurisdiction over exempt organizations, particularly those recognized as exempt under IRC 501(c)(3). Many state agencies maintain internet web sites that provide access to public records such as corporations and property. Also, an increasing number of states and/or counties have departments with which exempt organizations must register if they solicit charitable donations or engage third-party fund-raisers to solicit for them.
Many organizations maintain their own internet web sites. These web sites can provide useful information concerning an organization. You can retrieve images of previous web pages from http://www.archive.org.
Secure copies of Articles of Incorporation from the Secretary of States.
If you determine during the pre-audit phase that you need help from a TE/GE field specialist or one in another operating division, submit a request as soon as possible to avoid unnecessary delay in resolving the issues. These may include:
Computer Audit Specialists (IRM 4.47).
Economists (IRM 4.49.1).
Employee Plans Agents (IRM 4.71.6).
Engineers (IRM Chapter 4.48).
Federal, State, and Local Government Specialists (IRM 4.90).
Financial Products and Transactions Specialists (IRM 4.37.1).
Indian Tribal Governments Specialists (IRM 4.86.1 and IRM 4.88.1).
International Specialist (IRM 4.60.6).
Tax Exempt Bonds Agents (IRM 4.81).
Art Appraisal Services (IRM 4.48.2).
Use the online Specialist Referral System at https://srs.web.irs.gov to request assistance from a field specialist.
Referrals to Employee Plans: When you’re unsure of whether to request EP help for a related plan or to refer to EP Classification to determine the merits of an audit, complete Form 4632, Employee Plans Referral. When completing Form 4632, use Form 4632-A, Employee Plans Referral Checksheet, or Form 4632–B, Employee Plans Referral Checksheet-For EO IRC 403(b)/457 Plans, as appropriate. Special Review has an EP audit tool to help you determine if a referral is necessary. Contact Manager, Special Review for a copy of this tool.
Prepare a referral requesting SB/SE Excise Tax assistance using the Specialist Referral System at https://srs.web.irs.gov for:
Audits of hospital cases.
Audits of college/university cases.
SRS referrals are mandatory for the above cases.
Referrals are optional for all other cases, unless the organization is a hospital or college/university.
If SB/SE Excise Tax accepts the referral, the excise tax agent becomes part of the EO audit team. If SB/SE Excise Tax rejects the referral, discuss with your manager.
EO agents are notified of their referral’s acceptance/rejection within 30 days.
Before you issue an IDR on Form 4564, you must:
Conduct initial research applicable to the taxpayer.
Identify potential issues in order to identify the information that you need.
Consider alternate sources for the information.
Identify alternate means to obtain the needed records.
Prepare the IDR based on your research.
Limit your request for specific items that are pertinent to the purpose of the audit, and that are needed to complete the audit.
Tailor the IDR to the specific organization you are auditing. Don’t use a "shotgun" approach. A shotgun request is based on a pre-set template requesting for every possible record, regardless of whether it’s pertinent to the audit.
Explain in the IDR why items are being requested. This helps to increase customer satisfaction with the audit process.
When preparing an IDR:
Use clear and concise language.
Group the information requested by issue.
Number or letter the requested information.
As a best practice, prepare a separate IDR for each issue.
If you request more than one item with regard to a specific issue, group the items on one IDR and number or letter each item on the IDR.
Don’t request documents that are available internally, such as copies of the Forms 941, 940, and other tax returns, unless they contain information not readily available on an IDRS printout.
Prior to issuing an IDR, you and the taxpayer should agree on a response due date, which may also be an appointment date. If you can’t agree on a response due date, assign a reasonable response due date.
Initial IDRs Only. You can elect to issue your initial IDR with your initial contact letter, or after issuing the initial contact letter, such as at the audit site.
Initial IDRs Only. During the first personal contact or phone-call in IRM 220.127.116.11, and after you have issued the initial contact letter, discuss:
The appointment date, time and place
The audit in general
The items requested in the initial IDR, or to be requested in the initial IDR
The organization’s business operations and familiarity with EO tax law in order to tailor your request for specific documents as identified and described by the organization.
When mentioning such terms as "adjusted trial balance" or "transaction journal," and the contact person asks questions as to what those documents are, find out the organization’s type of accounting system and records. If the organization only has a check book and check register, instead of a cash disbursements journal, change your request of match their records.
Initial IDRs Sent with Initial Contact Letters. Depending on the size of the organization, whether the records are available electronically, and other factors, you can request that the organization mail certain documents in advance of the appointment to help complete the audit as promptly as possible. Inform the organization they can send electronic storage media (CD, thumb drive, flash drive) if the records too voluminous. These documents can include:
Financial statements (balance sheet and income statement)
Chart of accounts and the general ledger
See Exhibit 4.75.10-4 for a sample IDR.
The contact person may prefer to email documents in response to your IDR. Make sure to inform them that email isn’t a secure method of communication but the IRS will accept information via email.
The initial IDR must:
Identify the books, records, papers, or other data with the particular activity and time period to which they relate.
Phrase the request in terms understandable to the taxpayer.
In addition to physical documents, you can request written answers to questions and/or the completion of questionnaires.
Documents to consider requesting based on the facts and circumstances of the case may include the following:
Organizational documents (articles of incorporation, bylaws, etc.) including amendments.
Minutes of meetings for the board and committees (executive, finance, audit, governance, nominating, etc.).
Correspondence (letters to and from the organization).
Accountant's workpapers (tax reconciliation, audit, representation letter).
Internally generated accounting records (chart of accounts, adjusted trial balance, statement of cash flows, income statement, balance sheet statement, general ledger, subsidiary ledgers, transaction journals, audited financial statements).
Third party generated records (bank statements, brokerage statements, invoices, receipts).
Financial contracts (employment contracts, mortgages, leases, notes payable, notes receivable, pledge agreements, other contracts).
Publications (newsletters, pamphlets, brochures, maps, flyers, calendars, directories, program guides, etc.).
Auditor’s report on Internal Controls.
When requesting documents such as invoices, vouchers, and receipts, it’s best to ask for a sample by tailoring the request to a specific account, period of time, or set of documents, in lieu of requesting all invoices, vouchers, and receipts.
In auditing a live performance theater, the agent asks to review invoices for all sound and lighting services.
An agent, who is auditing a fraternal organization that has a bar, asks to inspect the invoices for all liquor purchases for the months of May, August, and October.
The agent requests all travel vouchers submitted by the top five officers of the organization.
If the list of requested records includes copies, specify if you are requesting the organization to make copies you can:
Review during the on-site audit.
It is advisable to include a statement on the initial IDR indicating that you’ll likely request additional records as the audit progresses.
For all information documents, include the following information in the header of the request:
Request Number: sequence number of the request (0001, 0002, etc.).
Name of the taxpayer/organization.
Subject of the request.
SAIN (Standard Audit Index Number). See IRM 18.104.22.168.1, Standard Audit Index Number (SAIN).
Subject of the request.
Name of the person the request is submitted to.
Dates of previous requests. Input N/A, if no prior requests have been made.
Description of documents requested.
Include the following information in the bottom of the request:
Due date (either the appointment date or received by date).
Method of delivery (by mail, in person).
Name of the requester.
Employer Identification Number.
Date of the request.
Address of the requester.
Contact numbers (phone and fax).
Indicate a date, or the maximum number of days after you receive documents, that you will review the documents for completeness (acknowledgement date).
To ensure a taxpayer is properly prepared for an appointment and the requested information is available, it’s a best practice to follow-up with them two or three business days before the IDR response due date.
When the taxpayer responds to your IDR, make your best efforts to review the response by the agreed upon date noted on the IDR.
If the taxpayer’s response is complete:
Call the taxpayer to advise that the response was complete.
Notate this action in the CCR.
If the taxpayer’s response is incomplete or they fail to respond:
Determine, within 5 business days, if you’ll grant an extension.
Discuss the missing or incomplete items with the taxpayer to determine if an extension is warranted.
If an extension is warranted, you may grant a first extension.
You may grant up to 15 business days for the taxpayer to provide the incomplete or missing information.
You must send an extension approval letter, Letter 5798.
If the taxpayer fails to respond to the extension in IRM 22.214.171.124.3 (3) or if the response is still incomplete you may:
Determine, within 5 business days, whether to grant a second extension.
Discuss the missing or incomplete items with your group manager to determine if you’ll grant a second extension.
If an extension is warranted, you may grant a second extension, but only with your manager’s approval.
You may grant up to 15 business days for the taxpayer to provide the incomplete or missing information.
Send a second extension approval letter, Letter 5798, to the taxpayer.
Make every effort to review IDR responses within 10 business days of receipt of documents.
Notify the taxpayer of your review.
If for some reason your review will be delayed, notate the delay in the CCR.
If the requested information isn’t received after a second extension, begin the Enforcement Process.
During your review, if you determine the IDR response is incomplete:
Notify your group manager.
Prepare a Delinquency Notice.
Letter 5077-B, TE/GE IDR Delinquency Notice, for items that can’t be summonsed.
Letter 5077-D, TE/GE Information Document Request Delinquency Notice - Pre-Summons, for items that can be summonsed.
Letter 5077-B, TE/GE IDR Delinquency Notice, for items that can’t be summonsed.
Letter 5077-D, TE/GE Information Document Request Delinquency Notice - Pre-Summons, for items that can be summonsed.
Call the taxpayer to discuss an appropriate due date.
Sign and mail the delinquency notice, with a revised due date.
Obtain manager’s approval if more than 10 business days are needed for the taxpayer to respond.
If the taxpayer responds to the IDR Delinquency Notice, review the response within 10 business days.
If the taxpayer provides a complete response:
Inform the taxpayer their response is complete.
Notate the CCR.
The enforcement process is ended.
If the taxpayer doesn’t respond or the response is incomplete:
Discuss with your group manager and Area Counsel within 10 business days.
Determine whether a summons will be needed.
Inform the taxpayer of the next action:
Proposal of adjustment
Proposal of revocation
If the taxpayer has failed to respond to the IDR Delinquency Notice(s) and the requested items can be summonsed:
Prepare Pre-Summons Notice (Letter 5077-A) within 10 business days of the taxpayer not responding to the Delinquency Notice(s).
Notify the taxpayer and determine a response date.
Seek group manager approval, if response date is more than 10 business days.
Have group manager sign Pre-Summons Notice and issue to taxpayer.
If the taxpayer responds to the Pre-Summons Notice, review the response within 10 business days.
If a complete response is provided by the taxpayer:
Inform the taxpayer, their response is complete.
Notate the CCR.
The enforcement process is ended.
If the taxpayer doesn’t respond or the response is incomplete:
Discuss with your group manager and Area Counsel, within 10 business days.
Coordinate the issuance of the summons with Area Counsel.
Follow summons procedures in IRM 25.5, Summons.
As a best practice, you may use an IDR Log to help you track the IDRs you issued to taxpayers.
Using an IDR Log is optional and may not be helpful on all cases; however, use it if it helps. See Form 5699, Information Document Request Log.
For every audit of an organization described in IRC 501(c), that was granted tax-exempt status after October 2013 (Ruling Date 201310 in the EOBMF) obtain a copy of the organization’s current organizing documents, including amendments, from the state authority online or directly from the organization.
Review the organizing documents to determine whether they contain the required language for the type of exemption granted.
If yes, the organizational requirements have been satisfied.
If not, obtain the Determination Administrative File (determination file) in RCCMS.
If RCCMS doesn’t include the determination file, request a copy of the file by sending a secure email to *TEGE Determinations Processing.
Review the organizing documents and the application for tax exemption, including supporting documents, in the determination file.
If the determination file indicated the organization attested it made conforming amendments as part of the determination process, but the audit reflects no attempt to implement the required changes, propose revocation after discussion with the group manager.
If the organization attempted to implement the required changes but wasn’t successful, (e.g., the organization added a dissolution clause, which the agent concludes still doesn’t satisfy the organizational test), inform the organization that it must amend its organizing document. Prior to closing the case, secure a conformed copy of the amendments consistent with IDR procedures.
If the determination file shows that the organization applied on Form 1023-EZ and doesn’t have organizing documents, propose revocation after discussion with the group manager.
If you secure conformed copies of amended organizing documents after the start of the audit to satisfy organizational requirements, issue Letter 3609 No Change Advisory, to the organization.
Close the case with DC 19, Amendment Secured, unless other issues require a higher priority DC.
Use PIC 02B, Org. Req. - Advisory, on Form 5599, TE/GE Examined Closing Record.
If after discussion with the group manager, you propose a revocation for not satisfying organizational requirements, issue Letter 3618, 30-Day Letter - Proposed Revocation of Exempt Status.
Close the case with the proper revocation DC.
Use PIC, 02C, Org. Req. - Other, on Form 5599.
For guidance on what constitutes a conformed copy of an organizing or enabling document, see Pub 557, Tax-Exempt Status for Your Organization; Instruction 1023; Instruction 1023-EZ; or Instruction 1024
The following is a discussion of workpapers typically prepared by independent accountants:
Tax Reconciliation Workpapers: Workpapers used to assemble and compile financial data to prepare it to place on a return. Typically, these include a final trial balance and/or a schedule of adjusting entries. They include information used to trace financial information to the return.
Audit Workpapers: Documentation kept by an independent accountant as to the procedures followed, tests performed, information obtained, and conclusions they reached. They support the accountant's opinion as to the fairness of the presentation of the financial statements, conformity and compliance with generally accepted accounting principles.
Representation Letter: The 1998 Statement on Auditing Standards (SAS) No. 85 issued by the American Institute of Certified Public Accountants requires a CPA auditor to obtain client management's written representations for all financial statements and periods covered by the auditor's report. The statements include information concerning fraud, material errors, and the belief that the financial statements are fairly presented in conformity with Generally Accepted Accounting Principles (GAAP).
Tax reconciliation workpapers, unlike audit workpapers, should be requested at the beginning of an audit. These workpapers are needed since they include the final amounts that should tie the filed return to adjusted trial balance to the general ledger.
Using electronic records to conduct audits makes the audit more efficient.
Determine during the initial contact if the organization uses an electronic records accounting system.
If they do, modify the initial IDR. Examples of items to request:
Worksheet reconciling the electronic records to the return.
Electronic backup file or working copy of the books and records for the specified period, including any changes to the data entered after year-end. This can be submitted on a CD, DVD, or a flash/thumb drive. If the taxpayer wants to submit it via email, explain that email isn’t a secure method of communication but the IRS accepts information via email.
Electronic administrator's user name and password for the file.
Version and the edition used for the file.
The legal authority for requesting records in electronic format is IRC 6001, 26 CFR 1.6001-1(a) and -1(e), Rev. Rul. 71–20, and Rev. Proc. 98-25. Rev. Proc. 98–25 doesn't exempt a taxpayer from providing electronic records, if such records exist.
The term "initial contact" is the first contact with the taxpayer after the pre-audit analysis. The initial contact notifies the organization of the audit.
You must make ALL INITIAL contact with a taxpayer and POA by mail, using the appropriate initial contact letter.
Don’t call the taxpayer.
When making the initial contact with the taxpayer you will:
Mail initial contact letter, Letter 3611.
Enclose an initial IDR to the initial contact letter if you determine it is appropriate for your audit.
Update the AIMS via RCCMS to status 12 when you charge time to the case. Make sure that the "Update AIMS" box is checked.
After you issue the initial contact letter, the taxpayer or their representative will either:
Call you in response to the initial contact letter within 10 business days. See IRM 126.96.36.199.2.
Fail to personally contact you after 10 business days have elapsed. See IRM 188.8.131.52.1.
IRC 7605(a) gives the IRS the authority to set the time and place of the audit under reasonable circumstances. Field audits are normally conducted at the taxpayer's place of business or where the books and records are maintained.
If the taxpayer fails to contact you after 10 business days have elapsed, call the taxpayer or designated representative. See IRM 184.108.40.206.2.
Immediately inform them of:
Your first and last name, and title
Your employee identification number
Your phone number and your office post of duty
The letter you sent to their address. Ask whether they received a letter from you.
If both the taxpayer and the representative contend they didn’t receive the initial contact letter:
Secure the organization’s correct address.
Re-send a copy of the initial contact letter and Pub 1 to the correct address.
You can re-send by faxing the letter and Pub 1 if they are willing to accept the fax.
If the taxpayer received the initial contact letter, set an appointment or call the duly authorized designated representative to set an appointment. See IRM 220.127.116.11.3 and IRM 18.104.22.168.2.2, Planning What To Say On The First Phone Call.
Before your first personal contact by telephone:
Determine the authorized individuals who can receive confidential information. See IRM 22.214.171.124.2.1.
Plan what you will say in the first phone call. See IRM 126.96.36.199.2.2.
Agents working tax related matters must immediately provide the taxpayer the following (Restructuring and Reform Act of 1998, Section 3705):
The individual you communicate with over an audit must have the authority to receive confidential tax information concerning the organization. The individuals who have the authority to receive confidential tax information are:
A current officer of a corporation (including a parent, subsidiary, or other affiliated corporation), association, or organized group who has authority under the applicable state law to legally bind the entity.
A fiduciary, for example, a trustee or receiver.
An individual, usually a director, officer, or an employee of the entity, specifically authorized to bind the entity in accordance with the entity's organizing documents, a resolution of the governing board, or other legally binding document.
An individual who has a valid POA or Tax Information Authorization on file with the Service for the type of return and years included in the audit. See IRM 188.8.131.52.
To avoid making an unauthorized disclosure subject to the sanctions of IRC 7213, verify the identity of the individual contacted and determine whether he/she has an ongoing relationship with the organization entitling him/her to receive confidential tax information before discussing the audit. In the case of a corporation, if the corporate officer contacted isn’t an officer designated by state law to bind the corporation, ask the officer if he or she can legally bind the corporation before discussing the audit. If the person contacted doesn't have the proper authority to receive confidential tax information, limit the conversation to determining the name and phone number of an individual who does have the authority to receive confidential information. The questions asked and responses received must be documented in the workpapers.
If there is a representative on file, as indicated on BMFOLT, you normally must contact the representative before you call the organization. To verify whether the representative has authority to receive communications, use IDRS command code CFINK to check the representative's authorizations. See http://serp.enterprise.irs.gov/databases/irm-sup.dr/job_aid.dr/command-code.dr/idrs_command_codes_job_aid.htm IDRS Command Code Job Aid for help with the CFINK command code.
If you aren’t sure whether the individual contacted has the authority to receive confidential information, generally a written statement by the individual, on stationery bearing the entity's letterhead, stating he or she has the authority to legally bind the corporation is sufficient to permit disclosure.
Identify yourself. See IRM 184.108.40.206.2.
Inform the authorized individual of the specific returns and tax years under audit.
Try to obtain agreement on the appointment date, time and place. See IRM 220.127.116.11.3, Scheduling the Appointment.
During your conversation, perform the following steps:
1. Briefly explain the audit process. 2. Identify the returns being audited and the tax period(s) involved. 3. Ask if the organization is to be represented by a POA and request Form 2848, Power of Attorney and Declaration of Representative, if applicable. See 1 below. 4. Confirm whether the organization has been audited in prior years. 5. Discuss the issues identified during the pre-audit. See 2,3 below. 6. Explain that additional issues may be audited depending on the information obtained during the audit. 7. Determine the type and location of the books and records. 8. Determine if the organization uses an electronic records accounting system, such as QuickBooks, Quicken, etc. If they do, ask if they would be willing to provide a backup copy or the working copy. 9. Discuss the contents of the IDR and revise it based on the responses received. 10. Establish the date, time, and location where the audit is to take place. See 4 below. 11. Ask for clear directions to the audit site. 12. Explain that you’ll mail a letter confirming the scheduled appointment, along with the IDR. 13. Explain that you’ll include Pub 1, Your Rights as a Taxpayer, with the letter. Answer any questions about Pub 1. 1. If the organization will be represented, don’t begin the audit by questioning the officers, during the initial contact. This may appear that you are attempting to bypass the representative. If representation must be secured and the contact person doesn't want to schedule an appointment until after a representative is confirmed, allow a minimum of 10 business days to secure representation before follow-up action to schedule the appointment. Grant extensions on a case-by-case basis.
2. There may be extenuating circumstances, such as an informant report, that preclude the discussion of the issues before the audit. If you don’t discuss the pre-planned issues before the audit, document the specific reasons in the workpapers.
3. Be straightforward and honest with the organization when asked why the organization was selected for audit. If the case is a referral, explain that information was provided to the IRS, but we are prohibited by law from disclosing the source of the information. The organization is permitted to obtain the information through a Freedom of Information Act (FOIA) request, even though portions of it may be redacted by Disclosure.
4. Field audits are normally conducted at the organization's place of business and/or where the books and records are maintained.
Before ending the conversation, ask the person if they have any questions.
Document all actions in the workpapers (Forms 5464, 5773 and initial contact workpaper).
To the extent possible, set your audit appointment at approximately 30 days from the date of contact but no later than 45 days, to allow time for the documents to arrive 10 to 14 days prior to the audit. This will allow time to review documents prior to the field visitation. Shorter time frames are permissible, with managerial approval.
When contacting the taxpayer, schedule the initial appointment and any follow-up appointments at a time agreeable to the taxpayer and/or representative. This helps reduce the number of rescheduled appointments and avoid case delays. Schedule the audit during normal business hours and without regard to seasonal fluctuations of the taxpayer's business hours. It is customary to accommodate the taxpayer in the case of religious or secular holidays.
The taxpayer and/or representative may request to postpone the suggested initial appointment date. Allow up to an additional 45 days after the first action on the case. If the taxpayer or representative attempts to further postpone the appointment, discuss with your group manager.
Usually the initial appointment is scheduled with the taxpayer, but the taxpayer isn’t required to be present at the initial interview per IRC 7521(c). You may conduct the interview with anyone who is authorized by the taxpayer. However, that person must have firsthand knowledge of the information requested and confirm that the information obtained can be relied upon.
The information in this subsection relates to exempt organizations organized as corporations, associations, or trusts. It provides guidelines for situations encountered during the ordinary course of the audit of an exempt organization. If the audit involves other entities or individuals, unusual situations, or issues that aren't addressed here or for additional information, refer to:
26 CFR 301.6103(a) through 26 CFR 301.6103(p).
26 CFR 601.501 through 26 CFR 601.509, republished as Pub 216 Conference and Practice Requirements.
IRM 11.3, Disclosure of Official Information.
IRM 1.25.1, Practice Before the IRS, Rules Governing Practice Before the IRS.
IRM 21.3.7, Processing Third Party Authorizations onto the Centralized Authorization File (CAF).
Pub 947, Practice Before the IRS and Power of Attorney.
Form 2848 Instructions.
If at any time the contact person requests the audit be conducted with a person who doesn't have the authority to receive confidential tax information, request them to send proper authorization before you discuss any confidential tax information with the designated individual. Note:
A POA authorizes the designated individual to represent the taxpayer in certain circumstances.
A written or verbal Tax Information Authorization authorizes the designated individual to file the taxpayer's tax information, but it doesn't authorize the designated individual to represent the taxpayer before the IRS.
The following table shows the primary acts that can or can’t be performed by an individual holding a valid POA or a written or verbal Tax Information Authorization (TIA) during the audit process.
ACT POA TIA Act as a contact point for the organization during the audit YES YES Receive and inspect returns and return information YES YES Receive tax notices, correspondence and other communications YES YES If the check boxes are marked. Can receive copies if specifically authorized. Discuss issues with the agent YES NO Represent the organization at conferences YES NO Sign agreements YES 1 NO Sign a closing agreement YES 1 NO File a protest in response to a 30-day letter YES 1 NO Record interviews YES NO Sign a tax return GENERALLY NO 2 NO
An unenrolled preparer designated on a POA form cannot sign any document for the organization. See Rev. Proc. 81-38, 1981-2 C.B. 592. An unenrolled preparer’s representation is limited to practice before audit officers of TE/GE, LB&I, SB/SE, and W&I operating divisions and in the Office of International Operations, and may only encompass matters concerning the tax liability for returns the unenrolled preparer prepared for the taxpayer. An unenrolled return preparer may not represent the taxpayer before Appeals or Collection or any other IRS function other than the audit functions.
The return is an income tax return received within 60 days before the ASED in which case the assessment period is extended to 60 days after the receipt of the amended return.
A POA may only sign a return on behalf of the taxpayer in very limited circumstances. 26 CFR 1.6012-1(a)(5) permits a recognized representative may sign the return on behalf of a taxpayer if it is specifically authorized in the POA (Form 2848), Power of Attorney and Declaration of Representative and the taxpayer:
Is unable to sign the return due to disease or injury.
Is unable to sign the return by reason of continuous absence from the United States for a period of at least 60 days before the return is due.
Requests permission, in writing, from the area director and the director determines that there is good cause for permission to be granted.
Only individuals who are recognized to practice before the Service and aren't under suspension or disbarment from practice can be designated as a recognized representative. Corporations, associations, partnerships and other persons who aren't individuals can’t be appointed as a recognized representative. See the Form 2848 for a list of individuals who are permitted to practice before the Service.
The IRS will accept a non-IRS form. Attach a completed Form 2848 so the form can be processed to the CAF system. See IRM 18.104.22.168.1 (5), Power of Attorney and Form 2848, for a list of required information.
A signed and dated statement made by the representative should also be attached to the non-IRS POA form. The statement must contain the same declarations contained in Part II of Form 2848.
Form 2848 or Form 8821 can indicate a specific use by making an entry on line 4 for a specific issue authorization. For examples of specific-use authorizations, see IRM 22.214.171.124.12, Specific Use Authorizations.
If you receive a specific-use POA form, attach a copy to the document to which it relates. The representative keeps the original form. Specific-use forms aren't recorded on the CAF system and therefore, don't have to be forwarded to a CAF unit. A specific-use form doesn't revoke any prior POA forms. The POA form guidelines and instructions other than this and the preceding paragraph apply to general POA forms only.
The persons who can be designated as a POA, as listed and fully described on Form 2848, include:
Certified public accountants.
Enrolled retirement plans agents.
Family members (for individual income taxes only).
Full-time employees of the organization.
Officers of the organization.
Student certified public accountants.
Unenrolled return preparers.
Registered tax return preparer.
Taxpayers and representatives may not use signature stamps when signing POA forms. Original signatures are required.
IRS accepts a faxed POA form and generally recognizes it. If there is some indication of forgery, the representative can be required to produce the original.
A valid POA form submitted by a taxpayer is always required to be honored unless the criteria for bypassing the POA are met.
Check to see if the representative has a current, active license using these resources:
Check a Certified Public Accountant's (CPA) license at http://www.aicpa.org/Advocacy/State/StateContactInfo/Pages/StateContactInformation.aspx American Institute of Certified Public AccountantsState Information section or by calling appropriate state CPA board. The website provides links to the various states, where you can check the CPA in the state directory.
Check an attorney's license by contacting the appropriate state bar association. This information may also be available on the state bar association's website or try the http://apps.americanbar.org/legalservices/findlegalhelp/home.cfm American Bar Association’s (ABA) search engine. The ABA doesn't operate a lawyer referral service, but provides links to the state resources.
Check if someone has Enrolled Agent status, by searching the CAF. If there is no Enrolled Agent indicator on the CAF, you may contact the Office of Practitioner Enrollment at http://irweb.irs.gov/AboutIRS/bu/opr/default.aspx which has a search engine IRS employees can use to search disciplinary actions against various types of tax professionals by then clicking "Search for Disciplined Tax Professionals" .
Review the form for completeness and validity. For a list of required elements, see IRM 126.96.36.199.1, Essential Elements for Form 2848 and Form 8821.
See Exhibit 4.75.10-11 for a sample Form 2848, along with a list of acceptable entries. Also, the Form 2848 instructions, as well as Pub 4245, Power of Attorney Preparation Guide, provide guidance as to how the form needs to be filled out. Pub 4019, Third Party Authorization, Levels of Authority, lists guidance on the levels of authority.
If you receive a POA form that doesn't contain all of the required items, it is invalid. If the form doesn't include all of the types of tax, form numbers, and years or periods under audit, the POA won't be valid for the missing types of tax, forms and/or tax years or periods. If there is missing information, contact the organization or representative and discuss the missing information. If the missing information pertains to information:
Requested in Part 1 of the Form 2848, contact the organization.
Requested in Part 2 of the Form 2848, contact the representative.
If the POA form is incomplete, return it to the organization or representative. The organization or representative, may submit a new Form 2848 containing all of the essential information, newly signed and dated. Electronic, printed, and stamped signatures are unacceptable.
If you expand the audit scope to include additional tax periods or different returns, notify the taxpayer. Generally give the taxpayer time to secure a POA form to cover the additional periods or different return before you take any audit action. A new Form 2848 should be submitted with the additional periods or different return, signed by both the taxpayer (or officer of the organization) and the representative. If the taxpayer chooses not to have the POA represent him for those additional periods/returns, then audit information for those periods/returns won't be disclosed to any person other than the taxpayer.
Filing a subsequent POA form for the same periods as a previous form automatically replaces and revokes the previous POA unless the organization specified otherwise on the subsequent form. If the POA form was submitted on Form 2848 and the organization doesn't wish to revoke the prior form, attach a copy of the prior Form 2848 to the subsequent Form 2848 before you send it to the appropriate Campus.
The IRS is authorized to accept written consents authorizing the disclosure of return information to a designee of the taxpayer (26 CFR 301.6103(c)-1(c)).
Generally, the TIA you receive during an audit is a general-purpose TIA and is recorded on the CAF system. However, you may receive a limited/specific TIA for a specific issue.
If you receive a specific-use TIA attach a copy to the document to which it relates. The appointee keeps the original TIA. You don’t have to send the TIA to the CAF unit because a specific-use TIA isn’t recorded on the CAF system. A specific-use TIA doesn't revoke any prior TIA. The guidelines and instructions for a TIA in IRM 4.75.10 other than this and the preceding paragraph apply to a general TIA only.
Any individual, trust, corporation, association, partnership, and federal, state, local, and foreign government agency or sub-units of such agency can be appointed to receive confidential tax information under a TIA.
The organization can use Form 8821, Tax Information Authorization, or any separate written document meeting the requirements of 26 CFR 301.6103(c)-1(b)(1). For a list of required elements, see IRM 188.8.131.52.1, Essential Elements for Form 2848 and Form 8821.
Review the form for completeness and validity.
If the Form 8821 received doesn't contain all of the items listed in IRM 184.108.40.206.1, it is invalid.
If the Form 8821 Then Doesn’t include all of the types of tax, form numbers, and years or periods under audit The Form 8821 isn’t valid for the missing types of tax, forms and/or tax years or periods. Contact the organization and discuss the missing information. If the organization wishes to include the missing information, ask them to submit a new form. Is incomplete Return the Form 8821 to the organization.
They may submit a corrected Form 8821 or enter the missing information on the returned Form 8821 and resubmit it.
IRS accepts a faxed TIA and generally recognizes it. If there is some indication of forgery, the appointee could be required to produce the original.
If a POA on Form 2848 or Form 8821 is complete and valid, complete the block labeled "For IRS Use Only" with the agent's name, phone number, function, and date the form was received.
If a non-IRS POA form is complete and valid, date stamp the front of the form.
Fax a copy of Form 2848 or Form 8821 to the CAF unit of the appropriate Campus (Memphis, Ogden or Philadelphia) within 10 workdays of the received date.
Record on the CCR, the date you received and verified the POA or TIA form and the date you sent it to the appropriate campus.
If the CAF unit rejects the form, they issue L861C to the taxpayer. IDRS command code ENMOD indicates a notice was sent.
Attach the original to the back of the first page of the return. If the form covers more than one tax period, make copies and attach one to each return covered.
The form should be readable without removing staples.
Staple any subsequent POA or TIA form you received to the top of the prior forms in the same manner.
Send correspondence and notices to the taxpayer and the authorized representatives as requested in Item 2 of Form 2848 per 26 CFR 601.506(a).
Send copies of correspondence and other written communications to the authorized appointee if Form 8821 item 5a is checked," If you want copies of tax information, notices, and other written communications sent to the appointee on an ongoing basis check this box," or if the TIA is submitted in a document other than Form 8821, the document specifically requests copies be sent to the appointees.
Use Letter 3597 to send the correspondence.
IRS employees are authorized to accept a taxpayer's verbal consent to disclose return information to parties helping the taxpayer to resolve a federal tax matter (26 CFR 301.6103(c)-1(c)(2)). The regulation also clarifies that the taxpayer can verbally approve IRS disclosures to someone accompanying the taxpayer at in-person meetings with the IRS, or participating in a phone conversation between the taxpayer and IRS.
See IRM 220.127.116.11.1, Requirements for Oral Authorization for procedures on verbal authorizations.
The following examples illustrate potential audit situations when you should secure a POA or TIA form.
The president of the organization advises that Mr. Monroe, the accountant who prepared the organization's returns, will be the contact point for receiving information and correspondence relating to the audit and providing information to and discussing issues. Mr. Monroe is an unenrolled return preparer. Secure a POA form for Mr. Monroe.
The president of the organization advises that Mr. Carroll, the bookkeeper, will be the contact point for receiving tax information and correspondence relating to the audit and providing information. The organization doesn't wish to authorize Mr. Carroll to sign agreements, consents, or represent the organization as a POA. Secure a written or verbal TIA for Mr. Carroll.
The president of the organization brings a number of employees to a meeting. The employees aren't authorized to receive confidential tax information just because the president brought them to the meeting. In this situation, secure a verbal TIA for each of the employees attending the meeting. Record the pertinent information concerning the verbal TIA in the CCR or a separate workpaper as soon as possible.
The organization's attorney has a valid POA form to represent the organization. He has his secretary call to determine the status of the audit. The secretary doesn't have the right to receive confidential tax information concerning the organization. Don’t discuss the status of the audit with the secretary unless you secure a verbal or written TIA.
Receiving certain documents or records before you field audit could make the overall audit process faster and more efficient.
However, a taxpayer isn’t obligated to provide documents or records before the appointment or opening conference. For example, some taxpayers may need the time to secure representation.
Before receiving documents before the audit, ensure the taxpayer has received an advance copy of Pub 1.
Record in the CCR the date you receive any documents, and the time you spent reviewing them, completing workpapers and analyzing records.
After you complete a workpaper prepare a summary in the Form 5773, EO Workpaper Summary Continuation Sheet.
Upload any completed workpapers on RCCMS. If available, use an office scanner to scan any relevant correspondence from the organization into PDF documents (no more than 600 dots per inch in black and white), if not provided electronically. Files uploaded to RCCMS are limited to 18 Mb total. (To shrink a PDF file, try compressing the document, by selecting Reduce File Size under the Document menu.)
Make note of any items that you should incorporate in the initial interview.
Review of the determination administrative file:
Application for exemption, Form 1023, or Form 1024
Organization Document (Articles of Incorporation, Articles of Association, Charter, or Trust Document)
Review any technical advice memoranda and correspondence received from the organization.
Review the organization’s governing instruments to identify:
Any amendments or changes that would jeopardize the organization’s exempt status.
Any committees with special responsibilities.
Who controls the organization, both ultimately and in day-to-day operations?
Duties of officers, especially noting which officials are authorized to disburse funds and make decisions affecting the operations of the organization.
The focus of your determination letter review should verify that the code section recognized matches what is on IDRS, whether there was an addendum (caveats), and when the letter was dated. (In the event of a revocation to the date of exemption, this date will be required to input on Form 6018, Consent to Proposed Action.)
A caveat is an addendum to the determination letter. If there is an addendum, it will be noted in the heading of the letter, with a separate page attached listing the various addenda to the letter. Determination specialists include these as a warning about issues identified in the determination application.
Verify that the subsection shown in the exemption letter is the same as the subsection shown on IDRS, AIMS and the return. If the organization was granted exemption under the Internal Revenue Code of 1939, see Exhibit 4.75.10-1 for cross-references to the Internal Revenue Code of 1986.
In reviewing the determination application, note any descriptions of activities that were conducted or were planned on being conducted. Add questions about the activities to the initial interview.
Check for any change in address, accounting periods, activities, and income sources.
Using the tax reconciliation workpapers, if any, reconcile the return to the books and records. If no tax reconciliation workpaper is provided, use the trial balance in conjunction with the income statement and balance sheet. A sample format (not required) is as follows:
Item description Amount per 990 Amount per books Difference
If you’re unable to complete the reconciliation, or identify material differences, whether by dollar amount or by percentage, make notes of questions to ask of the financial officers (or most knowledgeable person) of the organization.
Scan the general ledger, and select additional LUQ items to sample and/or question the organization at the initial appointment. Pay particular attention to compensation and/or financial transactions with officers. Review the document for possible excess benefit transactions, sources of income that could give rise to UBIT, or other liabilities.
Identify accounts or transactions to sample test the organization's internal controls. Prepare a second IDR, listing the items to be sampled. At the audit, you can use the request as a checksheet. As you sample items, remove them from the request, put them in the workpaper and note any items unavailable during the audit. Issue an IDR for the remaining issues before you leave the audit.
Record summaries on the Form 5773 for the reconciliation of revenues and expenses, reconciliation of net worth, and method of accounting/internal controls. Add additional summaries for audit reports, sources of income, expenditure analysis, and nature of liabilities, as merited.
Scan the file for viruses while off the network.
If there are no viruses, save the file to your SBU folder. Keep the file for the duration of the audit. Only include relevant items from the taxpayer's data in RCCMS. Return the CD, DVD, or a flash/thumb drive to the taxpayer. If the taxpayer doesn't want it returned, follow established guidelines for disposing external media with PII.
Contact one of the QuickBooks User Team Members in your Area to convert the file and create reports in Excel.
Agents have the authority to take testimony as may be relevant to determine any return’s correctness, make a return where none has been made, and determine the liability for any internal revenue tax (IRC 7602).
As part of the pre-audit planning, form questions to ask in the initial interview. The primary reason for an initial interview is to help confirm the reliability of the books and records. It also gives you knowledge about the organization's history, its activities, the type and source of income generated, the extent of its internal control, and types of books and records maintained.
Planning and organizing questions to ask in the initial interview is as important as the initial IDR. Preparation gives you freedom to listen more carefully and proceed efficiently with the audit.
Use the information developed in the prior analysis, along with items noted in the documents you received and processed in the days leading up to the interview. Be prepared to modify the interview at any time up to and during the interview.
If the IRS, taxpayer, or representative wants to audio record the in-person interview, use the techniques in IRM 18.104.22.168, Taxpayer Recording of Interviews.
Base the questions on your observations during the pre-audit analysis and issues that you’ll develop. Write them down or outline them. Leave enough space to jot down brief notes during the interview. Keep in mind that this doesn't limit the ability to ask additional questions. Be ready to ask for clarification or to follow up on responses.
Some main areas to cover are:
History of the organization.
Organizational document modifications.
Activities (day-to-day and special events).
Unrelated business income activities.
Any issues identified by an informant.
At the start of any interview, ask about representation (if not already represented) and determine the knowledge of the persons being interviewed with respect to Publication 1.
Questions about the history of the organization can either be general, such as asking for a complete history, or more pointed, discussing any items noted in the determination application, website of the organization or on the Forms 990.
Plan to discuss whether any changes were made to the organizing documents that weren’t already identified in the initial analysis and obtain explanations of any major changes.
In discussing the activities, include questions for any activities not clearly explained on the Form 990. Also, include follow up questions to obtain an overview of any activities that have been identified as potentially being non-exempt.
IRM 22.214.171.124, Internal Controls, discusses the internal controls portion of the initial interview.
IRM 4.75.12, Required Filing Checks, provides information on package audit procedures.
For any unrelated business activities, questions should focus questions on the six "W" questions: when, where, who, what, how and why.
If you need help developing questions, consult an assigned mentor, on-the-job instructor, or the group manager.
The following sections describe scenarios that can impair the agent's ability to conduct the audit.
The first scenario discusses what to do when you can’t find an organization, or the initial letter is returned undeliverable. This scenario can occur for several reasons:
The organization may recently have gone out of business, and hasn’t formally dissolved.
The organization has no permanent physical address, with the address shifting to the address of a newly elected officer each year.
The organization may have merged with another exempt organization, such as the forced mergers of lodges or posts, directed to do so by parent organizations.
The address of an organization is intentionally misleading, referencing a mailbox as a suite.
The officers of the organization are involved in tax avoidance transactions and are attempting to make locating the organization difficult.
The second scenario involves situations when the organization requests the case be transferred to either another agent, to another office in the area, or to another area altogether. Some of these requests for transfers may be valid if the records are physically located other than where they are listed on the Form 990, or if a related audit is already being done by another agent in another office. Others of these requests may constitute attempts by the officers, trustees, employees, or representatives of the organization to delay, hinder, or derail the audit. In all transfer situations, discuss with your manager. See IRM 126.96.36.199.2, Request for Transfer.
If unable to locate the taxpayer and/or the initial contact letter is returned by the Post Office as undeliverable, find the taxpayer's current address using these steps:
Inspect any correspondence in the case file for any change of address noted by the U.S. Postal Service.
Review the case file for possible sources of information that may lead to the taxpayer's whereabouts.
Use Accurint™ to find the organization's or an officer's, director's, or trustee's current address and phone number.
Check phone and/or city directories for names and addresses of officers, directors, or trustees as well as the organization.
Check the current address by researching IDRS command code INOLES.
Contact the Post Office for a current address using Form 4759, Address Information Request.
Check internet resources for possible leads.
If the organization is a corporation, check the state annual corporate registration for the name of the current corporate agent.
Contact third parties such as current or former employees or return preparers.
Be sure to follow all third-party procedures in 26 CFR 301.7602-2. See IRM 25.27.1, Third Party Contacts.
If you can’t locate the taxpayer after following the applicable procedures in IRM 188.8.131.52.1 (1) above, send audit letters by certified mail to the organization’s last known address and the last known officers, as reported to the state or to the IRS, whichever was most recently reported.
List a response date on the letters, such as 30 days after the letter’s date.
In setting the initial appointment, you may receive a taxpayer request to transfer to another location. IRC 7602 gives the Secretary authority to reasonably set the time and place of an audit. Usually, the audit is conducted in the area where the taxpayer is physically located, has its principal office, carries out business transactions, and maintains its books and records.
For guidance on processing taxpayer and/or representative to transfer the place of audit, see 26 CFR 301.7605-1(e)(2). Generally, the IRS grants a request under the following circumstances:
The taxpayer's address is no longer where an audit has been scheduled.
The taxpayer's books, records, and source documents are maintained at a location other than where the audit has been scheduled.
Evaluate a request for transfer on a case-by-case basis. Consider these factors that must be considered are:
Organization's current address.
Location of the organization's business.
Location of the organization's books and records, including vouchers, invoices, cancelled checks, and other documents usually maintained at the business site.
Location where the IRS can perform the audit most efficiently.
Availability of the IRS's resources at the location to which the organization requests a transfer.
Other circumstances that indicate conducting the audit at a particular location would create undue inconvenience to the organization.
Generally, the IRS won’t transfer the location of an audit for the convenience of a taxpayer's representative, nor will the representative's place of business determine the place of the audit ( 26 CFR 301.7605-1(e)(3)). However, the IRS may consider the request by the organization or its representative to transfer the place of audit to the representative's office after weighing all factors.
The representative must submit a valid Form 2848, Power of Attorney and Declaration of Representative, with the request for transfer. Requests won't be approved for Form 8821, Tax Information Authorization.
The request to transfer the place of the audit must be in writing ( 26 CFR 301.7605-1(e)). It must include the following information:
Reason the requested location is more efficient for the audit.
Taxpayer's current address, phone number, and current principal place of business.
Address/location of taxpayer's books, records, and source documents.
Information as to who possesses the required records and is available to expediently resolve issues.
Available resources in the area to which the taxpayer requests transfer, if known.
Other factors that show how conducting the audit at a particular location poses undue inconvenience to the taxpayer.
You may transfer an audit if it promotes effective and efficient conduct of the audit. If the taxpayer requests that a transfer not be made, consider the request according to the required factors. IRM 184.108.40.206.2.1.
Management can initiate the transfer of an unopened audit to another group when requested.
Management initiates a case transfer from one agent to another if for whatever reason the current agent can’t complete the work.
In addition to the written request, the case must meet other requirements to transfer an audit from one area to another.
A minimum of 13 months must remain on the statute of limitations (SOL) at the time of the transfer ( 26 CFR 301.7605-1(e)(4)). If all other considerations are satisfied except the 13 month period, obtain the taxpayer's written agreement to secure a one-year extension of the SOL.
Don’t grant a transfer request if IRS issued a statutory notice of deficiency, 90-day letter.
If the transfer request is honored, contact your group manager to discuss the transfer with the receiving group manager for intra-area transfers or area manager for out-of-area transfers.
Upon agreement for transfer:
Secure a SOL extension, as necessary.
Complete Form 2363-A, Request for IDRS Input for BMF-EO Entity Change, if a transfer is due to a permanent change of address.
Notify EO Examinations Classification if the case is the result of a referral.
The manager transfers the case via RCCMS.
|Section of 1939 Code||Section of 1986 Code||Description of Organization|
|101(1)||501(c)(5)||Labor, Agricultural, and Horticultural Organizations|
|101(2)||N/A||Repealed by Section 313(a) of 1951 Revenue Act|
|101(3)||501(c)(8)||Fraternal Beneficiary Societies and Associations|
|101(4)||501(c)(14)||State Chartered Credit Unions|
|101(6)||501(c)(3)||Religious, Educational, Charitable, Scientific, Literary, Testing for Public Safety, or Prevention of Cruelty to Children or Animals Organizations or to Foster National or International Amateur Sports Competition|
|101(7)||501(c)(6)||Business Leagues, Chambers of Commerce, Real Estate Boards, Etc.|
|101(8)||501(c)(4)||Civic Leagues, Social Welfare Organizations and Local Associations of Employees|
|101(9)||501(c)(7)||Social and Recreational Clubs|
|101(10)||501(c)(12)||Benevolent Life Insurance Associations, Mutual ditch or Irrigation Companies, Mutual or Cooperative Telephone Companies, Etc.|
|101(11)||501(c)(15)||Mutual Insurance Companies or Associations|
|101(13)||501(c)(16)||Cooperative Organizations to Finance Crop Operations|
|101(14)||501(c)(2)||Title Holding Corporation for Exempt Organization|
|101(15)||501(c)(1)||Corporations Organized Under Act of Congress (including federal Credit Unions)|
|101(16) and 101(19)||501(c)(9)||Voluntary Employees' Beneficiary Associations (including Federal Employees' Voluntary Beneficiary Associations formerly covered by IRC 501(c)(10))|
|101(17)||501(c)(11)||Teachers' Retirement Fund Associations|
|101(18)||501(d)||Religious and Apostolic Associations|
Some of the most commonly used forms to request research from IRS's internal sources are listed below.
Form 6882, IDRS/Master File Information
Form 5644, TE/GE Inquiry Request
Form 11377, Taxpayer Data Access Form
Information Document Retrieval System (IDRS) is the Service's system that enables employees to have access to taxpayer accounts and information. Some of its capabilities are:
Researching account information
Entering collection information
Generating notices and documents
Different files comprise the IDRS database. Two of the most familiar files used by all IRS operating divisions are:
Audit Information Management System (AIMS) - This file manages IRS's inventory of open returns (and closed returns for a limited time). For example, the agent can check the status of a return on AIMS by requesting command code AMDISA.
Corporate Files On Line (CFOL) - This file provides Master File information on line immediately and is used for research only. No data can be entered on the account. For example, the agent can request account and return information through command codes BMFOLT and BRTVU.
The agent must use the forms listed above to access information for various pre-audit planning purposes, such as verification of establishment on AIMS, SOL date, penalties assessed (or not), POA on file, amount of tax paid, filing status and statute dates of related returns, exempt status of an organization and more.
Command codes and their descriptions are listed in Document 6209 (ADP and IDRS Information). This book also contains exhibits and keys to the information displayed from research results, which helps the agent interpret the data obtained.
Although IRS agents have a wide variety of information available to them and should use it when needed, the confidentiality of tax return information and the taxpayer's privacy are of utmost importance. Unauthorized access to taxpayer account information, browsing, is illegal, and offenders are prosecuted under the provisions of RRA 1998. See IRM 10.8.10, Information Technology (IT) Security, Linux and Unix Security Policy.
It is important to document case files regarding the account and related account information accessed during the audit.
|Conditions 1 through 3|
|Example 1: Agent A is auditing a private foundation that mistakenly filed a Form 990. Agent A properly followed all statute procedures. Because the organization is a private foundation, Agent A can’t use alpha code "PP" for Form 990.|
|Example 2: Agent E is auditing V’s Form 990 for 2011. V is an IRC 501(c)(7) social club. Agent E properly followed all statute procedures. The audit revealed that V qualifies for tax-exempt status. Because there is certainty there will be no converted income tax return in 2011, Agent E may update the statute date to alpha code "PP" , so long as the Form 990 meets all the other conditions for approval, including the requirement that there be a valid reason not to close the case by the established ASED date.|
|Example 3: Assume the same facts in Example 2 except that the audit revealed that V’s club facilities were open to the public and V didn’t maintain records detailing member receipts from nonmember receipts. Agent E also determined that the V’s estimated income tax on a converted return for 2011 would exceed the threshold amount in IRM 220.127.116.11.2.4 (1)a if Agent E revoked V’s tax-exempt status. Because a converted income tax return is possible, and there would be an income tax on the converted return that exceeded the threshold amount in IRM 18.104.22.168.2.4 (1)a, Agent E can’t use alpha code "PP" for the 2011 Form 990.|
|Example 4: Assume the same facts in Example 3, except that the V’s estimated income tax in 2011 would be $0 if Agent E converted Form 990 to a taxable return. Because there is certainty there will be no income tax on a converted return, Agent E can use alpha code "PP" on V’s 2011 Form 990 so long as the Form 990 meets all the other conditions for approval. This is true even if the audit results in a revocation.|
|Example 5: Agent B is auditing Y’s Form 990-EZ for 2011. Agent B properly followed all statute procedures. The audit revealed Y was ineligible to file Form 990-EZ. A revocation is possible because Y has yet to file a Form 990. The estimated income tax on a converted return would be $0 if Agent B converted Form 990-EZ to an income tax return. Because there is certainty there will be no income tax on a converted return, Agent B can use alpha code "PP" on Y’s 2011 Form 990-EZ, so long as the Form 990-EZ meets all the other conditions for approval, including the requirement that there be a valid reason not to close the case by the established ASED date.|
|Example 6: Assume the same facts in Example 5 except that the estimated income tax on a converted return for 2011 would exceed the threshold amount in IRM 22.214.171.124.2.4 (1)a. Because a converted income tax return is possible, and there would be an income tax on the converted return that exceeded the threshold amount inIRM 126.96.36.199.2.4 (1)a, Agent B can’t use alpha code "PP" for the 2011 Form 990-EZ.|
|Example 7: Assume the same facts in Example 5 except that the estimated income tax on a converted return for 2011 would be below the threshold amount in IRM 188.8.131.52.2.4 (1)a, the group manager may exercise discretion in deciding to request approval for using alpha code "PP" based on the facts and circumstances of the case.|
|Example 8: Agent C is auditing X, an organization that declared IRC 501(c)(4)status on the 2012 Form 990. X is therefore a "Status 36" organization in the EO Business Master File (EO BMF). Agent C properly followed all statute procedures. The audit revealed that X didn’t qualify for tax-exempt status in 2012. Agent C can’t determine the estimated income tax for X in 2012. Because a converted income tax return is possible, and there could be an income tax on the converted return (because it is unknown), Agent C can’t use alpha code "PP" for the 2012 Form 990. Because the ASED date is to be maintained, Agent C must collect further information to determine X’s 2012 estimated income tax. If X declines to extend the statute date, then Agent C should follow the short statute procedures of IRM 4.75.16.|
|Example 9: Assume the same facts in Example 8, except the audit revealed that X qualifies for tax- exempt status in 2012. Because X qualifies for tax-exempt status in 2012, there is certainty there will be no converted income tax return. Agent C may update the statute date to alpha code "PP" , so long as the Form 990 meets all the other conditions for approval, including the requirement that there be a valid reason not to close the case by the established ASED date.|
|Example 10: Agent A is conducting an audit of T’s 2011 Form 990. T is an IRC 501(c)(3)organization described as publicly supported under IRC 509(a)(1) and 170(b)(1)(A)(vi). Agent A properly followed all statute procedures. The audit revealed that T qualifies for tax-exempt status, but Agent A must reclassify T as a private foundation. Because T is determined to be a private foundation, T’s Form 990 isn’t eligible for alpha code "PP" , even if the estimated tax on the converted Form 990-PF is zero.|
|Example 11: Assume the same facts in Example 10, except that Agent A is unsure whether he should reclassify T as a private foundation. Because there is uncertainty over the private foundation status, T isn’t eligible for alpha code "PP" .|
|Condition 4, Valid Reason to Keep Form 990 or Form 990-EZ Audit Open|
|Example 12: Agent G is auditing M’s Form 990 for 2012. M is an IRC 501(c)(3)organization. Agent G properly followed all statute procedures. Agent G concludes that M qualifies for tax-exempt status. Agent G certifies there will be no converted income tax return. In light of these conclusions, Agent G provides no explanation for the delay in closing the case. Because Agent G has no valid reason to keep the Form 990 audit open, Agent G hasn’t met all the conditions for approval, and therefore can’t use alpha code PP for the 2012 Form 990, even if there is certainty there will be no converted income tax return.|
|Example 13: Assume the same facts in Example 12, except that Agent G has an explanation to keep the Form 990 audit open. Agent G explains that he is also auditing a transaction occurring in 2012 between M and D, a disqualified person with respect to M. Agent G developed the facts enough to determine initially that M should retain its exempt status. Agent G applied the five factors in Treas. Reg. 1.501(c)(3)- 1(f) in order to make this preliminary determination. However, Agent G explains that he must keep the Form 990 audit open in order to develop the facts relating to the transaction between M and D for purposes of a potential section 4958 excise tax on D. Agent G explains that further development of the facts on the transaction is better conducted within the context of M’s audit, since M has all the records. The IRC 4958 issue ultimately impacts Agent G’s determination of M’s tax-exempt status and the contents of Agent G’s written advisory (or audit report) to M. Because Agent G has a valid reason to keep the Form 990 audit open (facts need further development to close both D’s and M’s audit), Agent G can use alpha code "PP" , so long as the Form 990 meets all the other conditions for approval.|
|Example 14: Agent is conducting an audit of Y’s Form 990 for 2012. Y is an IRC 501(c)(3)organization. The principal issue in the audit is whether Y operates for the private interests of private individuals. Agent thoroughly analyzed all of Y’s finances, including determining with certainty that if Y were to be revoked it would have no income tax liabilities. Whether Y actually furthers the private interests of the private individuals more than insubstantially isn’t fully clear and Agent consults with her manager and local Area Counsel. A consensus emerges that a determination on Y’s exempt status can’t be made until Agent interviews four of the particular private individuals. Because arranging and conducting these necessary interviews will extend beyond the ASED date, Agent may use alpha code "PP" , so long as all the other conditions for approval are met.|
This exhibit illustrates a properly prepared initial IDR.
This isn’t intended to be nor should it be used as a pro forma initial IDR for an IRC 501(c)(7) or any other type of organization.
The background information for preparing the initial IDR is shown in the sample pre-audit and the initial contact workpapers. These workpapers are NOT all inclusive as to the information that should be reviewed during the pre-audit analysis or the topics to be discussed during the initial contact with the taxpayer.
The sample IDR is designed to meet TEQMS standards and to provide the taxpayer with the information necessary to comply with the request. Specific points to be noted are:
The return and the year under audit are identified in the first paragraph.
The pre-planned issues and the "required filing checks" are listed on the IDR.
The date the records are to be available is provided in the second paragraph.
The specific periods the records are being requested for are clearly set forth.
The information developed during the pre-audit analysis was used to tailor the IDR specifically to this taxpayer. It wasn’t necessary to condition the records requested with phrases such as, "if available" or "if applicable." The description of the records requested was tailored to the description provided by the taxpayer during the initial contact.
Only records necessary to audit the preplanned issues were requested.
The last paragraph notifies the taxpayer that additional records may be needed.
|Form||4564||Department of the Treasury - Internal Revenue Service||Request Number|
|(Rev. September 2006)||Information Document Request||0001|
|To: (Name of Taxpayer and Company Division or Branch)||Subject|
|Any Country Club||Initial appointment|
|SAIN Number||Submitted to:|
|Dates of Previous Requests (mmddyyyy)|
|Description of documents requested|
Tax Period(s): 12/31/2012
|The following information is being requested for the audit of the Club's Form 990, Return of Organization Exempt From Income Tax, for the year ended December 31, 2010. The information requested is used to verify the accuracy of the Form 990 and to determine whether:|
|Please have the following books, records and other information available for review on May 7, 2012. All records requested are for the year ended December 31, 2010 unless otherwise indicated.|
|1)||Articles of Incorporation and any amendments to date.|
|2)||Bylaws in effect during 2010 and any amendments to date.|
|3)||Membership rules including but not limited to guest policies.|
|4)||List of all members during 2010 and a sample membership application.|
|5)||Publications, such as newsletters, flyers, membership brochures, etc. printed by the organization.|
|We’ll review the requested documents and inform you of their completeness within 10 business days of receipt or by 5/17/2012 if received on the due date.|
|Information due by:||5/7/2012||At next appointment||X||Mail in|
|Name and title of requester:||Employee ID Number||Date|
|From:||Agent J, EO Agent||00–00000||4/27/2012|
|Office Location:||1100 Commerce Street MC 49XX||Phone: (555) 555–5555|
|Dallas, TX 75242||Fax: (555) 555–5551|
|Catalog No. 23145K||Form||4564||(Rev. 9-2006)|
|Form||4564||Department of the Treasury - Internal Revenue Service||Request Number|
|(Rev. September 2006)||Information Document Request||0001|
|To: (Name of Taxpayer and Company Division or Branch)||Subject|
|Any Country Club||Initial appointment|
|SAIN Number||Submitted to:|
|Dates of Previous Requests (mmddyyyy)|
|Description of documents requested|
Tax Period(s): 12/31/2012
|6)||Guest register, reservation book, and activity calendar.|
|7)||Bank statements and cancelled checks for the Club's savings and checking accounts for December 31, 2009, through January 1, 2011.|
|9)||Member and non-member accounts/statements for the months of July and December 2010.|
|10)||Any contracts or agreements entered into for personal services.|
|11)||Forms W-4, Employee Withholding Allowance Certificate, for the year ended December 31, 2010 to date.|
|It isn’t necessary for you to make copies of the requested records. If copies are needed they will be requested during the audit.|
|As a result of the audit of the above documents, additional records, invoices and expense items may be requested during the audit. If necessary, the audit may be expanded to include prior and/or subsequent years, or related tax returns of your organization.|
|For requested books and records that you may not be able to produce, inform us as soon as you can before the appointment, and confirm to us their existence, availability, location and electronic format if applicable. Also, please advise us if you believe the item may go by a different name within your organization.|
|If you have any questions or concerns, please contact me at the phone number shown below prior to the date of the scheduled appointment.|
|We’ll review the requested documents and inform you of their completeness within 10 business days of receipt or by 5/17/2012 if received on the due date.|
|Information due by:||5/7/2012||At next appointment||X||Mail in|
|Name and title of requester:||Employee ID Number||Date|
|From:||Agent J, EO Agent||00–00000||4/27/2012|
|Office Location:||1100 Commerce Street MC 49XX||Phone: (555) 555–5555|
|Dallas, TX 75242||Fax: (555) 555–5551|
|Catalog No. 23145K||Form||4564||(Rev. 9-2006)|
|EO Workpaper Summary|
|Exempt Organization Name and Address:||Examination Results|
|Year(s):||Form(s):||Disposal Code & Description:||Letter(s):|
|Any Country Club||201012||990|
|123 Main Street||201012||990-T|
|Anytown, USA 00000|
|Specialist name: |
|Taxpayer Identification Number (TIN): |
|[X ]||A. Preaudit||[X ]||G. Package Audit Examination|
|[X ]||1. IDRS Research [Confirm T/P Information]||[X ]||1. Prior and Subsequent Year Returns [990, 990-T, etc.]|
|[X ]||2. Form 5546 Return Charge-out and Classification Sheet Review||[N/A]||2. Related/Controlled Organizations|
|[X ]||3. Statute of Limitations Expiration Date and Updates||[X ]||3. Employment Tax Returns [Forms 940, 941, 945, etc.]|
|[X ]||4. Organizational Requirements||[X ]||4. Information Returns [Forms W-4, W-2, 1099, 1042, etc.]|
|[X ]||5. Tax Return Information||[N/A]||5. Section 530 Eligibility|
|[X ]||6. Initial Contact, Publication 1||[N/A]||6. Classification Settlement Program Eligibility|
|[N/A]||7. Other||[X ]||7. Discrepancy Adjustments|
|[X ]||B. Organizational Documentation||[N/A]||8. Pension Plan Determination Letter and Return|
|[X ]||1. Articles of Incorporation||[N/A]||9. Other|
|[X ]||2. Bylaws||[X ]||H. Other Tax Liabilities|
|[X ]||3. Determination Application [Date]||[N/A]||1. Political Expenditure Tax|
|[X ]||4. Determination Letter||[N/A]||2. Excess Lobbying Expenditure Tax|
|[X ]||5. Amendments [Organizational Documents and Rulings]||[N/A]||3. Excise Taxes and Intermediate Sanctions|
|[N/A]||6. Other||[X ]||4. Miscellaneous Taxes [e.g., Proxy, Wagering, etc.]|
|[X ]||C. Operational||[X ]||5. Collection of Tax|
|[X ]||1. Initial Interview||[N/A]||6. Other|
|[X ]||2. Tour of Facility||[X ]||I. Penalties|
|[N/A]||3. Prior Examination Report||[N/A]||1. IRC 6652[c]: Failure to File Information Returns|
|[X ]||4. Minutes||[X ]||2. IRC 6651: Failure to File Tax Returns|
|[X ]||5. Publications||[N/A]||3. IRC 6662: Accuracy Related Penalty|
|[X ]||6. Correspondence||[X ]||4. Employment Tax Penalties|
|[X ]||7. Contracts/Leases||[N/A]||5. IRC 6663: Imposition of Fraud Penalty|
|[N/A]||8. Legislative Activities||[N/A]||6. Other|
|[N/A]||9. Political Activities||[X ]||J. Relevant Examination Considerations|
|[X ]||10. Private Interest Served||[X ]||1. IRC 6104 Notifications and IRC 6113 Disclosures|
|[X ]||11. Activities to present||[X ]||2. Power of Attorney|
|[N/A]||12. Private Foundation Status||[X ]||3. Notice of Third Party Contact|
|[N/A]||13. Other||[X ]||4. Fraud Considerations|
|[X ]||D. Financial Examination||[X ]||5. Specialist Involvement|
|[X ]||1. Method of Accounting/Internal Controls||[X ]||6. Inadequate Records Notice|
|[N/A]||2. Audit Reports||[N/A]||7. Closing Agreements and Termination/Jeopardy Assessments|
|[X ]||3. Reconciliation of Return to Books and Records||[N/A]||8. Other|
|[X ]||4. Sources of Income||[X ]||K. Special EO Examination Activities [e.g., Gambling, Bonds, etc.]|
|[X ]||5. Expenditure Analysis||[N/A]||1. Claims for Refunds|
|[N/A]||6. Other||[X ]||2. Gaming|
|[X ]||E. Balance Sheet Analysis||[N/A]||3. Tax Exempt Bonds|
|[X ]||1. Comparative Balance Sheet||[N/A]||4. 1120-POL|
|[X ]||2. Asset Verification||[X ]||5. VCAP|
|[X ]||3. Nature of Liabilities||[N/A]||6. Other|
|[X ]||4. Reconciliation of Net Worth||[X ]||L. Audit Considerations|
|[N/A]||5. Other||[X ]||1. Agreed and Unagreed Closings|
|[X ]||F. Unrelated Business Income||[N/A]||2. Administrative Record|
|[X ]||1. Sources of Unrelated Business Income||[X ]||3. Case File Assembly|
|[X ]||2. Income and Expense Allocation/Tax Computation||[N/A]||4. Other|
|[N/A ]||3. Other|
|Form||5772||[Rev. 11-2014] Catalog Number 42806A.||Department of the Treasury – Internal Revenue Service|
|EO Workpaper Summary Continuation Sheet|
|Name of Plan or Organization||Specialist||Page Number|
|Any Country Club||Agent J||1 of 7|
|Items to be verified |
(Reminders or points
to be considered)
|Examination Procedures and Conclusions||W/P |
|Preaudit Comments||Review IDRS to verify information, and to correct if necessary. Review the classification sheet, referral package, and/or Pre-Exam Issue Identification Sheet to identify the issues noted for audit. Verify the SOL date, and update as necessary. Determine if there are any specific organizational requirements under the Code that apply to the type of organization. Review the return to identify items for audit and completeness. Develop a pre-audit work plan, focusing on the classification issue(s), LUQ items. Perform a risk analysis. Complete Leadsheets. Request Administrative File.|
|1.||IDRS Research |
|All necessary IDRS research was included in RCCMS when the case was assigned, or secured by the agent during the pre-contact review. Reviewed IDRS research and verified taxpayer information. Club didn’t file a Form 990-T. No other potential problems were identified.||3.A.1|
|2.||Form 5546 Charge- |
out and Classification
|No Form 5546 attached. Reviewed classification sheet. There have been no prior audits. The club is a Form 1099-MISC filer.||3.A.2|
|3.||Statue of Limitations |
Expiration Date and
|Reviewed the BMFOLT, AMDISA, and the return received date stamp on the electronic copy of the return. On the upper left corner of the first page was stamped the return postmark date. Club had an extension to August 15, 2011. Statute date determined to be August 14, 2014 based on postmark date.||3.A.3|
|IRC 501(c)(7) must be operated for pleasure, recreation, and other non-profitable purposes. It must NOT have a written policy that contains a provision which provides for discrimination against any person on the basis of race, color, or religion. Exceptions don't apply to this organization. Reviewed the articles of incorporation and bylaws submitted with the Form 1024. They didn't contain any discriminatory language. The Club was organized for social and recreational purposes. Review amendments during the audit.||3.A.4|
|5.||Tax Return |
|Reviewed the Form 990. Verified the correct address during initial contact. No unusual, unexplained increases or decreases in balance sheet items. Identified additional audit issue, interest income. No other LUQ entries were noted.||3.A.5|
|Case Chronology Record|
|Organization / Employer’s Name & Phone |
Any Country Club
|Plan Name / Number|
|Officer / Contact Person – Name & Phone |
Mr. Bell, Treasurer, (555) 555-5555
|Examiner’s Name |
|Form Number||Tax Period(s)||Date Assigned/Opened |
4/20/2012 / 4/27/2012
|Representative’s Name & Phone|
|Date||Individual Contacted||Loc/Act Code||Time 990||Time 990-T||Time 941||Topics Discussed, Information Requested or Other Action Taken||Follow-Up Date|
|4/20/2012||I/1||1||Case assigned limited scope audit. Requested determination administrative file. Request update to status 12 in RCCMS.|
|4/27/2012||I/1||3||Reviewed IDRS, AIMS, Form 990, Pre-Exam Issue Identification Sheet, classification sheet, determination administrative file, etc. Verified statute. |
Researched offsetting interest income and interest expense.
Discussed expanding the audit to include interest income. GM approved. Manager Z
|4/27/2012||I/2||Prepared IDR and mailed initial contact letter.||5/5/2012|
|5/3/2012||Mr. Bell, Treasurer||I/3||Mr. Bell called and said he has to go out of town due to an illness in his family. He will call and reschedule the appointment as soon as possible.||5/12/2012|
|5/7/2012||Mr. Bell, Treasurer||I/3||Mr. Bell called and said he could meet with me Monday. Rescheduled appointment for Monday.|
|5/7/2012||I/1||1||Reviewed case file and prepared for on site visit.||5/10/2012|
|Location Codes (Loc):||Does this case meet Taxpayer Advocate Case Criteria? (Yes or No)|
|T = Taxpayer Office/Place of Business |
E = Employer/Administrator/Trustee Office
R = Representative’s Office
I = IRS Office or Flexiplace Location
O = Other (Explain)
|Activity Codes (Act):||Remarks:|
|1 = Review case |
2 = Correspondence
3 = Telephone
4 = Examination or Conference
5 = Travel (Identify time to & from & days in travel status)
6 = Computer down time
|Form||5464||(Rev. 7-2013)||Cat. No. 23990V||Department of the Treasury - Internal Revenue Service|
As part of your risk analysis, you are going to explore the various sources of gross income to determine the extent of any possible unrelated business income. You discover that there is such an income stream of $100,000 from rents. You also find that there is debt on the property and the debt basis ratio is 10%. At this point, you determine that the taxpayer also has total rent expenses of $120,000.
Here is where you exercise your judgment and apply factors of materiality. The likelihood that there would be any material net income from rents is negligible. Because of the dollar value and the duration of this item even continuing to be UBI, you wouldn’t normally consider this material. However, if the dollar value is much higher, the debt ratio higher, and/or the duration for the UBI much longer, you might determine this item material.
You are assigned a return with assets of $10,000,000, and as part of your risk analysis you determine that the salary paid to the CEO is $500,000.
You are aware that there is currently a critical initiative exploring executive compensation, and in your judgment, you believe that the officer’s compensation is rather high. Because excess compensation is a significant compliance initiative of the Service, you determine that this area merits close consideration and that you are to audit the potential issue. If the CEO’s salary were only $100,000 perhaps this wouldn’t be significant even in light of the compliance initiative. Dollar value and compliance impact were factors of materiality used in this decision to audit. In addition, the duration of the CEO’s compensation should be another factor supporting your decision.
In looking at potential employment tax issues, you find that there were payments to employees of gift certificates as a Thanksgiving bonus amounting to $25 per employee. We ask ourselves whether this is an item that you would determine material and select to audit.
Dollar Value - It would seem to depend on the number of employees employed by the organization. If there were only 100 employees, perhaps you would judge this to be immaterial as the tax on $2,500 would be nominal. But what if there were 4,000 employees? As you can see, materiality changes from the size of an organization and the potential tax liability determined.
Duration – This could be a recurring item and should influence your decision as you consider all factors.
Hours needed to audit – This appears to be an item that wouldn’t require much time.
During your pre-audit planning, you access the IRC 501(c)(3) exempt organization’s web site and notice that taxpayer actively supports legislation in favor of the Patriot Act. In fact, there are several links on the site that point a person to various ways to write to their Congressman ensuring that the Act is to be extended. There is also a message denoting that contributions to this EO are used to ensure that this ACT is to be expanded.
Analysis: This is an issue of potential revocation. It is also a very sensitive compliance initiative issue. Further, there are also possible taxes to be applied to potential excess lobbying expenses. The Agent should select this as a material item. As the issue unfolds, perhaps the item is less of an issue and could be dropped later.
Duration – We should explore whether this was a one time occurrence or whether this activity appears on all open years of the taxpayer.
Resources needed – With the fact that this is a compliance initiative, we shouldn’t place much weight on resources.
You receive a Form 990-T claim for refund for audit. A review of the return and related transcripts make it clear that there was an error on the return and that the claim should be allowed. However, you noticed there was a large amount of revenue from security services reported on the Form 990-T. You secure the workpapers for the Form 990-T and determine that the expenses related to the security services are twice the revenue. You determine security services revenue was reported on prior and subsequent years’ returns.
You should determine whether the security services activity resulted in losses in prior years. If losses have been consistent, this is an indication that there is no intent to make a profit. There is a compliance impact here. There is also duration of the issue. Audit and resolve the issue.
You are auditing a Form 990-PF. A list of approximately 300 charitable distributions is attached to the return. Several distributions exceeded a million dollars. At the opening interview, you ask the organization what their policy is on charitable distributions. You are informed that all distributions are made only to public IRC 501(c)(3) organizations.
There is a potential problem with significant dollar impact, compliance impact, and duration of the issue. Time necessary to verify the exempt status of several of the larger organizations is minimal using Select Check, https://www.irs.gov/charities-non-profits/exempt-organizations-select-check, or IDRS. Consider making a selection of the larger distributions.
While auditing the balance sheet of a statewide business league described in IRC 501(c)(6), you find several airplanes listed. You determine the business league has only six members. Anywhere in the State can be reached within four hours by automobile from the business league’s central location. There are four pilots on the organization’s payroll.
Issues to consider include the use of the airplanes, the number of flights, personal use of the aircraft, UBI, or possible loss of exemption if a large number of flights constitute the primary activity of the organization.
Materiality factors to consider include a possible significant dollar impact, compliance impact, and duration of the issue and the estimated time to audit the issue. The estimated time may be negative factor depending on the volume and accessibility of records required to make a determination.
|Case Name: Any Country Club||Form/Tax Period: 990/2010||Date(s) Updated: 5/10/2012|
|Agent: Agent J||Date Prepared: 4/27/2012|
|WP #||LUQ Description||Materiality Factors||Est. Comp. Date||Priority |
|3.F.1||Interest Income: 3/2015 - 12/2015||Compliance issue||5/30/2012||1||<$1K||Y||Y|
|3.F.1||Rental of clubhouse - community orgs., other clubs||Compliance issue, dollar impact, duration of issue||6/30/2012||1||<$1K||Y||Y|
|3.F.1||Rev. Proc. 71-17: guest rules in restaurant||Compliance issue, dollar impact, duration of issue||6/30/2012||2||Groups < 8||Y||Y|
|3.F.1||Debt financed income - expansion of club house||Compliance issued, dollar impact||6/15/2012||2||<$1K||Y||Y|
|Request for EP or EO Determinations Administrative File|
|To:||EO Determinations Records Unit|
|E-mail:||*TEGE DETERMINATIONS PROCESSING|
|Business Unit/Function:||Group:||Phone Number:|
|Check One:||Attach one of the following:|
|_||EP||_||IDRS print - BMFOLO or INOLES (only if EDS is not available)|
|_||Name / EIN / State: (only if EDS and IDRS aren't available):|
|Return Address (Delivery Instructions - no PO Boxes please)/Comments:|
|EP/EO DETERMINATIONS PROCESSING USE ONLY|
|Received Date:||Preliminary Research:|
|Closed Date:||Type of Request:|
|_||Closed Date Prior to July 2004 (DVD or microfiche)|
|_||DVD Database Research Completed. DVD #|
|_||No DVD Found - search microfiche|
|_||Closed Date After July 2004 (TEDS case or hard-copy case)|
|Date Completed:||Completed By:|
|Closed Date Prior to July 2004|
|_||Researched DVD Database||Date Completed:||Completed By:|
|_||Copied administrative file from master DVD|
|_||Record not found on DVD|
|_||Researched microfiche||Date Completed:||Completed By:|
|_||Copied administrative file from master microfiche|
|_||Record not found on microfiche|
|Closed Date After July 2004|
|_||Researched TEDS repository||Date Completed:||Completed By:|
|_||Copied administrative file from TEDS repository|
|_||Record not found in TEDS repository|
|_||Researched EOCC Database and/or EOCC Transmittals|
|Date Completed:||Completed By:|
|_||Pulled case from EOCC boxes|
|_||Record not found on EOCC database|
|_||Researched closed cases boxes (FTEs, ready for doc prep, ready to be scanned)|
|Date Completed:||Completed By:|
|_||Pulled case from closed case boxes|
|_||Record not found in closed case boxes|
|Form 14264 (6-2011) Catalog Number 57964B|
|Directions for processing Form 2848|
|Upon receipt of a valid Form 2848, the audit agent needs to complete the For IRS Use Only section at the top right corner of the form. The agent is to print their name, their phone number, function, and date. (The function is EO audit.)|
|For IRS Use Only|
|Name||(Your name here)|
|Telephone||(Your office phone #)|
|Date||(Date of receipt)|
|Ensure that the name of the organization and its address are provided on the Form 2848. This name should either be as listed on IDRS, or per the organizing document.|
|1 Taxpayer Information|
|Taxpayer name and address|
| Exempt Organization|
123 Main Street
Anytown, US ZIP Code
|Verify that the Taxpayer identification number that has been entered is that of the organization under audit.|
|The representative section allows 3 representatives on a single form. Valid names are those of the actual persons representing the organization, and not the firm itself.|
| Representative #1|
456 Side Street
Anytown, US ZIP Code
|Check if to be sent notices and communications|
|Only the first two representatives can receive notices. The taxpayer must check the box to designate who will receive notices.|
| Representative #2|
456 Side Street
Anytown, US ZIP Code
|Check if to be sent notices and communications||X|
|Representatives need to include their Central Authorization file number (if applicable), their PTIN number (if applicable), along with their phone and fax number. The PTIN must be renewed each year.|
|Telephone No.||(TEN) DIG-ITNO|
|Fax No.||(TEN) DIG-ITNO|
|Check if new: Address Telephone No.|
|If the person doesn't have a CAF number, one will be assigned when the Form 2848 is faxed to the appropriate service campus.|
|All states west of the Mississippi process authorizations in Ogden; all states east of the Mississippi process authorizations in Memphis. Exceptions: Louisiana and Arkansas process in Memphis; international authorizations in Philadelphia.||OSC: |
|(855) 214-7522 |
|Enter a description of the matter to which the POA pertains, for example, exempt status / income / excise / employment / UBIT. List only one type of tax on each line.|
|Description of Matter (Income, Employment, Excise, Whistleblower, |
PLR, FOIA, Civil Penalty, etc.) (see the instructions for line 3)
|List all returns included in the audit, for example, Forms 990, 990-T, 4720, 940, 941, 730. For forms such as 941 and 940, enter the forms on separate lines.|
|Tax Form Number |
(1040, 941, 720, etc.) (if applicable)
|For multiple years or a series of inclusive periods, including quarterly periods, you may list 2008 through (thru or a hyphen) 2010. For example, 2013 thru 2015 or 2nd 2013 - 3rd 2015. Using 2015 would cover all quarters in 2015.|
|Year(s) or Period(s) (if applicable) |
(see the instructions for line 3)
|Multiple Years Example||Single Fiscal Year|
|2013-2015||4th 2014 - 3rd 2015|
|General references such as "All years" , "All periods" , or "All taxes" aren't permitted. Any POA form with a general reference will be returned. Representation can only be granted for the years or periods listed on line 3.|
|This box is used when the organization plans to have more than three representatives. As directed, a copy of a previously executed Form 2848 must be included. To revoke a POA without appointing a new representative, the taxpayer or the representative must write REVOKE on the top of the first page of the previously executed Form 2848, sign and date the form anew, and fax the form to the appropriate service campus.|
|6||Retention/revocation of prior power(s) of attorney. The filing of this power of attorney automatically revokes all earlier power(s) of attorney on file with the Internal Revenue Service for the same matters and years or periods covered by this document. If you don't want to revoke a prior power of attorney, check here.|
|YOU MUST ATTACH A COPY OF ANY POWER OF ATTORNEY YOU WANT TO REMAIN IN EFFECT.|
|The Form 2848 is invalid if it isn’t signed and dated by an authorized individual (as well as by the representative, discussed further below). In addition to the signature, the title, the name of the individual, and the name of the organization must be provided. Employees, such as an office manager or bookkeeper aren't authorized to sign the form.|
|Signature||Date||Title (if applicable)|
|Officer's Name||Exempt Organization|
|Print Name||PIN Number||Print name of taxpayer from line 1 if other than individual|
|The representative must indicate authority to represent the organization, their state of jurisdiction, as well as signing and dating the Form 2848. If the representative is a CPA, attorney, enrolled agent/actuary/retirement plan agent, they also need to enter their CPA license, attorney bar number, or enrollment number. If the representative is an unenrolled return preparer or a registered tax return preparer, the PTIN is required.|
|Designation - Insert |
above letter (a-r)
|Licensing jurisdiction |
(state) or other
|Bar, license, certification, |
registration, or enrollment
number (if applicable).
See instructions for Part II for
The date between when the taxpayer signs and when the representative subsequently signs must be within 45 days for domestic authorizations and within 60 days for authorizations from taxpayers residing abroad. There is no time requirement if the taxpayer signs after the representative signs.
What Address Goes in the Heading of Letters?
All audit closing letters (except letters issued by Mandatory Review) must have MS 4900 DAL in the heading.
All audit closing letters issued by Mandatory Review.
30-day letters must have the mailing address of the agent in the heading because they solicit a reply.
All other audit letters must have the mailing address of the sender in the heading.
What Goes in the Signature Block?
The Director, EO Examinations applies to all audit closing letters and 30-day letters.
All other letters will have the signature block of the sender.
Letters that are issued by the "group" at "group level" are considered letters issued with the group manager's approval.
For letters issued by the audit group, the contact at the heading will reflect the agent’s name.
For letters issued by a review function, the contact at the heading will reflect the reviewer's name.
For closing letters to be issued by Mandatory Review, indicate the letter number at the heading of Form 5772 and in the Mandatory Review section of Form 3198-A.
Agents need not print letters to be issued by Mandatory Review, unless the statute date for assessment is imminent and the letter is a 90-day letter.
With respect to 30-day letters, agents grade 11 and above in offices that don't have access to the director’s stamp may handwrite their signature in the signature block with the word "for" before the name of the Director with the group manager's approval.
If correspondence rules and procedures are issued which contain different guidance be sure to follow that guidance instead.