Part 5 Collecting Process
Chapter 18 Liability Determination
Section 2 Business Returns IRC 6020(b) Processing
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Contents
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- IRC 6020(b) provides a way to prepare returns and secure assessments from
non-filing business taxpayers who:
- Have an open filing requirement
- Are required to file a return
- Do not file a return as required
- Exhibit 5.18.2-1 provides an overview of this section in flowchart
format.
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5.18.2.2 (08-01-2001)
What Is Business Returns IRC 6020(b) Processing?
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- Internal Revenue Code Section 6020(b) is the authority given to the Commissioner
of the Internal Revenue Service to prepare and process returns for non-filing
taxpayers.
- Delegation Order No. 182 (Rev. 7), extends 6020(b) authority to Internal
Revenue Agents; Tax Auditors; Revenue Officers; GS-9 and above; Collection
Support function managers, GS-9 and above; Service Center Collection Branch
Managers GS-9 and above; Automated Collection Branch Unit Managers, GS-11
and above; Customer Service Collection Branch Managers, GS-10 and above;
and Tax Resolution Representatives, GS-9 and above.
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5.18.2.3 (08-01-2001)
Research Criteria for BMF Return--IRC 6020(b) Processing Research
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- Process a return under the provisions of IRC 6020(b) for Business Master
File (BMF) returns if:
- The entity appears to be liable for the return
- The person required to file the returns does not file it
- Attempts to secure the returns fail
- The following BMF returns with corresponding Master File Tax (MFT) codes
are the returns usually prepared under the provisions of IRC 6020(b):
TAX RETURN |
RETURN TITLE |
RETURN MFT |
Form 720 |
Quarterly Federal Excise Tax Return |
03 |
Form 940 |
Employer's Annual Federal Unemployment Tax Return |
10 |
Form 941 |
Employer's Quarterly Federal Tax Return |
01 |
Form 943 |
Employer's Annual Return for Agricultural Employees |
11 |
Form 1065 |
U.S. Partnership Return of Income |
06 |
Form 2290 |
Federal Use Tax Return on Highway Motor Vehicles |
60 |
- Do NOT propose assessments on cases with the following characteristics: See LEM 5.18.2.3
- See LEM 5.18.2.3
- See LEM 5.18.2.3
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5.18.2.3.1 (08-01-2001)
Service Center Collection Branch (SCCB) 6020(b) Processing
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- See LEM 5.18.2.3.1
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5.18.2.3.2 (08-01-2001)
Automated Collection System (ACS) I9 Inventory
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- Letters (LT)18 are mailed at the time of case assignments to ACS for modules
with 6020(b) indicators. The LT18 advises that a 6020(b) return may be
prepared if the return is not filed. Cases are assigned to ACS inventory
I9.
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5.18.2.3.3 (08-01-2001)
ACS Support Group Automated A6020(b) Procedures
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- The service center support branch provides ACS support for automated and
manual ACS 6020(b) cases. The automated program will be the national standard
with manual procedures as a back-up in case of hardware and/or software
problems. The A6020(b) program resides on the Inventory Delivery System
(IDS).
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5.18.2.3.4 (08-01-2001)
Organization, Function, and Program (OFP) Codes for A6020(b)
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- Each service center is responsible for working their 6020(b) inventory.
Report time spent working A6020(b) cases using OFP code 63700.
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5.18.2.3.5 (08-01-2001)
Federal and State Information Sharing Agreements
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- Federal and state information sharing agreements exist, requiring sharing
of information regarding the 6020(b) assessments. Agreements usually require
the sharing of information as tax returns are assessed.
- NOTE:
- Be careful of taxpayer information disclosure which may occur if you give
more information than the federal and state agreement specifies to share
with the taxpayer's state of residence.
- Maintain the integrity of the agreement by:
- Sharing weekly information regarding return assessments using information
from Status code reports (Report definitions follow in Section 3)
- Providing information specified in the agreement to your federal/state
coordinator
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- A download tape from ACS is run after the weekly IDRS update of ACS. The
download tape is loaded onto the IDS stand-alone system. The download allows
IDS to maintain the most current information available for the A6020(b)
Program.
- NOTE:
- Follow unauthorized access (UNAX) guidelines regarding working 6020(b)
cases and researching associated taxpayer identification numbers (TINs)
to resolve return delinquencies.
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- The IDS users for A6020(b) have a separate login and password for the Pyramid
system.
- See LEM 5.18.2.3.7
- See LEM 5.18.2.3.7
- NOTE:
- Access levels are: view only, update capabilities, managerial inventory
control, and database system administrator (SA) activities.
- A separate login in the Information Services area is needed for the SA
input and output of files.
- Changes made to Status codes for each module are stored as a history record
in the system.
- See LEM 5.18.2.3.7
- See LEM 5.18.2.3.7
- A separate menu option is available for viewing and printing the security
log.
- Printed copies of the security log are to be retained until no longer needed
for administration purposes. The information will be archived in the A6020(b)
program and available for reprinting when necessary.
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5.18.2.4 (08-01-2001)
A6020(b) Inventory Status Codes Procedures
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- Down-loading of ACS information each week continuously updates the inventory
in A6020(b) and brings in new cases assigned to S3 and S6 inventories.
- The A6020(b) inventory has several different Status codes to assign in
which the cases depend on:
- Characteristics of the case
- Progression of the case within the automated system
- Generation of Letter (L) 1085 packages is based on requests by the manager
or system administrator. See LEM 5.18.2.4:
- Review the list of A6020(b) Status codes in Exhibit 5.18.2-3,
A6020(b) Status Codes.
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- Lists and Reports help to determine what is necessary for each case. The
duties of tax examiners and group administrators in working the listings
and inputting information into the A6020(b) program may vary for each service
center depending on resources and sign-on capabilities.
- Tax Examiner duties and the capability to sign-on to IDS may vary at each
service center.
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- Listings for the automated program include the Rejection, New Account and
Overage Lists. These lists are produced as part of each weekly ACS download
and contain cases that require further research.
- Research to see changes necessary for case to enter the A6020(b) program.
- Research to find the information for manual input to change case Status
for the case to continue through the A6020(b) process.
- Research to see if the case needs re-assignment to the call-site.
- Research to see if information is available for closure.
- Check the ACS follow-up date to ensure there has been enough time allowed
to complete the 6020(b) process. Input comments or extend the follow-up
date as needed.
- NOTE:
- The follow-up date is necessary to keep the case from systemic removal
from ACS.
- Check the following items as part of the research.
- NOTE:
- Ensure the following ACS call-site investigation guidelines are met before
sending the case to the Service Center ACS Support group.
- Attempt contact by telephone a minimum of three times. If there is no telephone
number, contact directory assistance.
- Reassign the case to I2, NPL for further research of locator services to
obtain a telephone number or address for the entity if directory assistance
is not productive.
- Demand the filing of all delinquent returns and obtain the necessary information
to prepare each and all delinquent returns on all taxpayer accounts. Issue
a LT18.
- LPS or wage information is available.
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- Rejection lists contain cases not entering the automated program. The cases
will be listed on the New Account Reject List and will not be added to
the IDS system. Each type of rejection will be on a separate page and each
call-site will have its own report. The research lists will include:
- TIN
- Name control
- Function Unit
- Reject Code--ENTY; ATDA; 1LPS; 2LPS; LEM; MOLD; BMOD
- The rejection lists and the errors that cause rejection from the program
are as follows:
- Research to identify the reason for rejection. See Working Lists and Reports
below.
- Generate rejection lists using the following menus:
- Selecting the reject. MMDDYYYY allows for viewing and/or printing the reject
lists.
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- New account and research lists show:
- New cases with CAF indicator
- New cases with undelivered mail indicator
- New cases coming into service center inventory 3 (S3)
- Research lists contain the following:
- TIN
- Name Control
- Function Unit Assignment Code
- Tax Period (TXPD)
- MFT
- Credit
- NOTE:
- The undelivered mail list also contains up to two names for the entity
and the address from which mail was returned.
- The following listing contains all of the New Account Lists, the Status
the cases will be moved to and the criteria within a case that causes it
to appear on the list:
- New Account CAF Research List (Status 010):
CAF cases are identified by the CAF indicator on at least one module.
Research for power of attorney (POA) address and name. Accounts with a
CAF indicator need additional information included in the modules in A6020(b)
before the Letter 1085 package can be printed and mailed. Input on IDS
which modules have each POA and each POA's address
- New Account S3 Research List (Status 001):
After each upload of IDS from ACS there may be additional inventory coming
into S-3 inventory. The new S-3 cases will need research
before conversion to Status 019. The New Account S-3 Research
List identified the newest See LEM 5.18.2.4.4
- New Account Undelivered Mail List: The new entity has an undelivered mail
indicator which causes it to be included on this rejection list but otherwise
meets the criteria for A6020(b)
- Generic Status Research Listing: The system administrator or manager has
the capability of printing a generic listing for all of the Status codes.
See Exhibit 5.18.2-2 for the information contained on the generic
listing
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- Certain Status codes do not systemically change to the next step in the
A6020(b) Program. An overage listing can be created after the administrator
requests a run of the Overage and Auto Update Program. Cases will be shown
on a list if they have been in a Status code for a specified number of
days. The list(s) indicate that a case needs to be started through the
process; has been in a particular Status long enough and now needs research
to determine if additional work needs to be completed; or that the case
needs to be moved to the next Status.
- Overage lists contain:
- Taxpayer Identification Number
- Master File Tax Code (MFT)
- Name Control
- Follow-up Date
- Number of days overage
- See LEM 5.18.2.4.5.
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- The following explanation of the A6020(b) program lists and reports in
IRM 5.18.2.4.2 summarize the duties of tax examiners. Other duties regarding
taxpayer responses to the L-1085 packages follow in IRM 5.18.2.4.24.
- Responses to the L-1085 package in which the taxpayer requests an appeal
of the proposed tax assessment should not be forwarded directly to Appeals
function. Resolve the taxpayers' issues or confer with your manager regarding
referral to the Appeals function. Respond to the taxpayer to:
- Resolve differences.
- Clarify the proposed assessment.
- Advise of the balance due after the reconsideration.
- Advise the taxpayer of the remaining balance due.
- Forward any unresolved issues to Appeals.
- If during a taxpayer contact it appears there may be a hardship situation
complete Form 911, Application for Taxpayer Assistance Order, and refer
the taxpayer to the Taxpayer Advocate Service (TAS). See IRM Part 13 or
IRM 21.1.3.17 for more information.
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- Cases are rejected from entering into the A6020(b) program if the case
does not contain certain criteria.
- Research the rejected cases to see if the case can be closed or if the
case can be changed to allow it to be down-loaded to A6020(b).
- Duties regarding rejection lists (by rejection list title) are shown in
the following tables:
- See LEM 5.18.2.4.7
- NOTE:
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If |
Then |
INFORMATION is found |
See LEM 5.18.2.4.7 |
THERE is no other information available |
RE-ASSIGN the case to IO with comments regarding why the case is being
reassigned |
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If |
Then |
INFORMATION is found |
DOCUMENT in comments and reassign the case TOS3. |
THERE is no other information available |
REASSIGN the case to IO with comments regarding why the case is being reassigned. |
See LEM 5.18.2.4.7 |
If |
Then |
INDICATORS of fraud exist |
REFER the case to CI or Exam based on IRM 5.19.2. |
NO indication of fraud |
See LEM 5.18.2.4.7 |
Remaining modules are not eligible for 6020(b) |
REASSIGN the case to TO IO, 01, 6020 REJ. |
Enter comments regarding changes to the case in the entity's comment screen
on the ACS system. Update of the entity usually allows the case to enter
the A6020(b) Program on the next weekly upload. The case will enter IDS
A6020(b) as Status 001 or 002.
Close any entities on rejection lists that can be closed without sending
the case back to the call site, if information found while researching
the case meets IRM closing criteria for return delinquencies.
- NOTE:
- See LEM 5.18.2.4.7
Take the necessary action to move the account to the appropriate team function
if, after research, the case is to be rejected to IO, 01, 6020RE.
Do not attempt to close the cases on IDS because the system rejected the
case from being loaded into the system.
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- Actions required vary depending on the type of new account list and what
is required to ensure the cases are worked by A6020(b).
- New account lists are defined in IRMs 5.18.2.9 and 5.18.2.10.
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5.18.2.4.9 (08-01-2001)
New Account Centralized Authorized File (CAF) Research List
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- Research CAF on Corporate Files On Line (CFOL) CC CAFOL or IDRS CC CFINQ
.
- NOTE:
- Some taxpayers may have more than one representative and may require entry
of information on both to different tax periods. At times, only one of
the multiple representatives may have the indicator showing eligibility
for receiving tax information. (See the input screens in IRM 2.4.11 for
input of the CAF name and addresses.)
- See Exhibit 5.18.2.8 for additional information regarding input of CAF
information into modules on A6020(b).
- Specific authorization is displayed if representative has authorization
for that particular module. The values of authorization are:
- A = Attorney
- B = Certified Public Accountant
- C = Enrolled Agent
- D = Officer
- F = Family Member
- G = Enrolled Actuary
- H = Unenrolled Return Preparer
- Research and process as follows:
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If |
Then |
CAF is present |
RESEARCH to find the CAF and INPUT POA's name, address and phone
number on IDS. |
CAF is input |
CHANGE the Status to 001 if the tax or wage information has not been input. |
INPUT information to the modules |
CHANGE to Status 019. |
NEW or updated CAF information received |
UPDATE CAF and input comments to ACS. |
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- Research ACS comments to determine what information will be used to prepare
a 6020(b) return. The listing has space available for wage, taxes, withholding,
number of partners, etc.
- If comments do not provide information, check the module/(MOD) screen and/or
IDRS for LPS data.
- Document the information on your listing.
- Update the comments with the information used to prepare the delinquent
returns.
- See LEM 5.18.2.4.10
- See LEM 5.18.2.4.10
- See LEM 5.18.2.4.10
- See LEM 5.18.2.4.10
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- Move cases to A6020(b) Status 095 if mail is returned undeliverable and
follow the actions in the following table.
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If |
Then |
No new address |
REASSIGN the case to ACS TO10, 01, UDMAIL |
Mail returned and a new module shown on the New Account Undelivered Mail
List |
1. Input comments to ACS.
2. Show research completed.
3. Show reason for rejection.
4. Reassign to ACS TO10 , 01, UDMAIL |
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- Working in the A6020(b) system is necessary to research and change information
in the cases and modules or to change the Status of the entities. Tax Examiners
use the majority of the screens for input of information into A6020(b)
cases.
- Input
- POA names and addresses for modules with CAF indicators
- See LEM 5.18.2.4.12.
- Suspend mail-outs if problems are identified prior to packages being mailed
by changing the Status codes of the cases to the prior Status.
- NOTE:
- The next request for cases to print will re-generate the cases that were
suspended and remain in Status 001 or 002. Any change will require a Status
code change in the A6020(b) system.
- Cases systematically continue through the IDS system if the Status codes
are not changed. See Exhibits 5.18.2-4 through 5.18.2-7
to see the A6020(b) screens available for input and review of entity information
on IDS.
- EXHIBIT 5.18.2-4, VIEW AND UPDATE SCREEN
- EXHIBIT 5.18.2-5, VIEW OPTION
- EXHIBIT 5.18.2-6, MODULES OPTION
- EXHIBIT 5.18.2-7, NEXT MODULE OPTION
- EXHIBIT 5.18.2-8, CAF OPTION
- EXHIBIT 5.18.2-9, WAGE OPTION
- EXHIBIT 5.18.2-10, REVIEW, INPUT, OR UPDATE WAGE OPTION
- EXHIBIT 5.18.2-11, USING THE UPDATE OPTION
- EXHIBIT 5.18.2-12, Status OPTION
- EXHIBIT 5.18.2-13, SCREENS FOR TAX RETURNS
943, 945 AND 1065
- EXHIBIT 5.18.2-14, SCREEN FOR CHANGING THE
Status OF ALL MODULES
- EXHIBIT 5.18.2-15, SCREEN FOR CHANGING THE
Status OF ONE MODULE
- EXHIBIT 5.18.2-16, Status SCREEN
- EXHIBIT 5.18.2-17, COMMENTS OPTION
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- The manager or administrator duties include overall control of working
the inventory of cases coming into the system, the number of cases to print
each week, Letter 1085 package print jobs and system reports.
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- The system administrator has various menus that need to be changed or information
input to reflect local information to the letter 1085 or to request the
L-1085 packages to print.
- See Exhibits 5.18.2-18 through 5.18.2-24 for the Administrator
screens in the A6020(b) program.
- Coordinate between the IDS and ACS administrators to ensure weekly downloads
from ACS each week.
- Assign the review and research on ACS/IDRS of Status 019 cases to ensure
the cases meet 6020(b) criteria.
- Re-assign cases to the call-site manager if cases are found that do not
meet 6020(b) criteria.
- Document the A6020(b) program by entering comments for why the case is
being returned to the call-site.
- Move the case to A6020(b) Status 095.
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- The A6020(b) program allows managers, management designees, or the database
administrator to change information on the L-1085, request print jobs,
and view or print reports.
- Input local information for the L-1085 into the A6020(b) program.
- NOTE:
- The service center address, telephone, best time to call and signature
information usually remains the same for each week.
- Input the date of the letter for each printing of L-1085 packages.
- Use the Inventory Management Menu to select the number of cases in inventory
for printing, check for mail and Run Auto Update to show the changed Status
codes and printing Overage Reports. See Exhibit 5.18.2-18 for
an example of the menu.
- Queue Form 940, 941 cases for creating an electronic media tape for electronic
processing. (Only for entities with Form 940, Form 941 delinquencies).
- Use the screens to see the number of cases in Status 019 ready for L-1085
printing, how to change the letter information and how to select the number
of letters to print.
- The first screen shows the inventory of cases in Status 019 by call-site.
Exhibit 5.18.2-19 for an example of the menu.
- NOTE:
- This is the first screen of the Queue Cases for Printing selection. The
screen shows the number of cases on IDS waiting to start the A6020(b) process
for the Letter 1085 package printing.
- Select the number of cases you want to print by call site and the date
you want to show for the date the letter was mailed . See Exhibit 5.8.2-20
which shows the menu to select the number of 1085 packages to print and
enter the date of the letter
- Ensure the date input allows for reviewing the notices
- Ensure you allow time for separating notices and preparing the notices
for mail-out
- Use the Revise Header Menu in Exhibit 5.18.2-21 to revise office
and signature information including:
- Address
- Phone number
- Name and title of the signing official
- Include with the telephone number the best time to call
- Run Auto-Update and Overage Report: The Auto-update Report shows cases
that have spent the designated number of days required within a specific
Status and have now entered a Status which require additional research
or contact. The Overage Report shows cases which have been in a particular
Status more than the number of days allowed.
- Follow these instructions to print any recent output file (including the
Mailing Label file-see NOTE below):
- Log on to 6020b
- Go to #7 "Listings and Reports"
on the IDS 6020(b) Main Menu
- Go to #4 "Change Default Printer"
on the IDS 6020(b) Report Menu. The listing of available printers is
displayed and you type in your selection.
- Go to #3 "Report Utility"
on the IDS 6020(b) Report Menu. The listing of available "stb"
reports is displayed and you type in a selection at the "Name of Report"
prompt.
- The report listing is sent to the specified printer
- NOTE:
- See LEM 5.18.2.4.15
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- There are several reports that can be generated by the A6020(b) program.
The reports show:
- The Report Menu in Exhibit 5.18.2-22 allows printing of management
and system reports. The following is a list of the reports. See LEM 5.18.2.4.16
- See LEM 5.18.2.4.16
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- The database administrator has several duties which are required to:
- Keep the information in the database up to date.
- Prepare the print tapes for printing of the Letter 1085 packages.
- Prepare the print tapes for printing the mail labels.
- Print the auto-update and overage reports.
- See LEM 5.18.2.4.17
- The administrator's duties include:
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- Use the tables in the following sections to research follow-up actions
to taxpayer response of a signed return, final return, no return due, or
return of unsigned Letter 1085 package.
- NOTE:
- Follow the Unauthorized Access (UNAX) guidelines when conducting your work.
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- Mark returns in the left column by vertically inputting TC 599 closing
code 39 per the following table.
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If |
Then |
Taxpayer signs the 6020(b) returns |
1. Process after marking the returns with TC 599 cc39.
2. Input TC 599cc39 "BB"
on IDRS.
3. Submit returns for processing.
4. Update ACS Comments. |
Taxpayer corrects the 6020(b) returns or submits original returns |
1. Process after marking the returns with TC 599 cc39.
2. Input TC 599 cc39 "BB"
on IDRS.
3. Submit returns for processing.
4. Update ACS Comments. |
Move the case within A6020(b) by changing the Status code to the Status
code that applies to the situation or return received. Possible changes
to the Status code are Status codes:
- NOTE:
- Status code 5XX causes a systematic change of the Status code to 026. Status
code 026 allows time for the return to be processed and assessed.
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- To respond to receipt of a final return follow IRM 5.19.7 procedures for
processing final returns.
- Use CC FRM 49 to Input the return to IDRS.
- Use TC 591 cc38 to close all remaining modules of the MFT on the delinquency.
- Resolve credits per IRM 5.19.2.
- Move any modules with due dates after the final return received to IDS
Status 097. Include comments on ACS as documentation for the closures.
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- If the taxpayer returns the 6020(b) returns unsigned with no letter assume
no further correspondence is being sent. By-pass time remaining for the
taxpayer's response and process the case as follows:
- Change A6020(b) Status code to 022 for pre-assessment research.
- Research each tax period to ensure there are no assessments or comments
on IDS to stop return submission.
- Bypass requirement to print second copies of the returns by changing Status
to 026.
- Prepare the returns inputting TC599 cc38. Obtain the manager's
signature on each return.
- Submit returns for processing.
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- If the taxpayer states that the entity is not liable to file the return,
or if the entity is out of business, follow the table in IRM 5.18.2.4.23.
- Change the modules with no delinquent return due in the A6020(b) program
to Status code 097.
- Include the reason for discontinuing the 6020(b) (e.g., the date the business
closed, the date the business last had employees, etc.).
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- Follow the instructions in the following table for taxpayer inquires and
responses.
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If |
Then |
Inquiry is by phone or in writing |
1. Verify EIN and entity information with IDRS and ACS information.
2. Analyze correspondence for a new address, telephone number and levy
sources.
3. Update ACS Comments. |
Inquiry is new address or address correction from taxpayer |
INPUT address change to IDRS. Use cc ENREQ. |
Inquiry is telephone number(s) and/or Levy Sources. |
1. INPUT telephone number(s) to IDRS. Use cc TELEA .
2. INPUT telephone number(s) to ACS Entity Screen in the appropriate fields.
3. Input Levy Sources on ACS and IDRS Levy Screens. |
The instructions in the following tables contain actions to take in regard
to taxpayer inquires and responses when the business:
- Closed
- Is not liable to file returns
- Previously filed
- Filed under another number
- Contains information to prepare the return
- Will file the delinquent return
- Requests we work with a POA
Taxpayer Responses |
If |
Then |
Inquiry results in levy sources |
1. Input levy source to IDRS. (cc LEVYE).
2. Update the ACS levy screen. |
Correspondence includes a delinquent return |
1. Verify address, EIN, MFT and tax period on ACS as well as IDRS.
2. Input ACS comments.
3. Code return with TC599 cc39 in margin.
4. Input TC599 cc39 to IDRS using CC FRM49 5. Forward return for processing. |
A final return |
1. Follow steps above including writing "Final"
on the return.
2. Analyze for ability to close other MFTs and tax periods.
3. Resolve any credit balance on account per IRM 5.19.2.4.9.
4. Input TC591 cc 38 to the first subsequent period after the final return.
Move any modules with due dates after the Final Return to Status 097 on
IDS and update ACS. |
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Taxpayer is Out of Business |
If |
And |
Then |
Correspondence indicates the taxpayer is out of business |
No date is provided |
1. Send ACS LT14 to request taxpayer provide specific date.
2. Input ACS comments.
3. Destroy correspondence. |
Correspondence indicates the taxpayer is out of business |
Date provided is prior to earliest TDI period |
1. Input ACS comments.
2. Destroy correspondence.
3. Input TC 591 cc 25 on IDRS using FRM49 on the earliest tax period for
each applicable MFT.
4. Resolve any credits per IRM 5.19.2.4.9. |
Correspondence indicates the business closed |
Closure date is after the earliest TDI period |
1. Input TC 591 cc 38 on IDRS using FRM49 on the TDI period subsequent
to the quarter taxpayer went out of business.
2. Resolve any credits on those periods per IRM 5.19.2.4.9.
3. Inform the taxpayer he remains liable for returns due prior to closing.
(See example below) Send LT14
4. Input comments on ACS.
5. Destroy correspondence. |
For example: the taxpayer has open TDIs for Form 941 quarters 199512 through
199612 and Form 940 for period ending 199512 and 199612 |
The taxpayer states he went out of business on December 30, 1995 |
The taxpayer is still liable for the quarterly 941 for 199512 and the 940
for period ending 199512.
1. INPUT TC 591 cc 38 on the Form 941/199603 quarter and the Form 940
for the period ending 199612.
2. Inform the taxpayer that he/she is still liable for the Forms 941 and
940 for the period ending 199512. |
Taxpayer not liable to file |
Taxpayer will not be liable to file in the future |
1. Verify EIN, MFT and tax period on ACS and IDRS.
2. Input TC 591 cc 38 to IDRS (CC FRM49.) To the earliest tax period for
each MFT.
3. Resolve any credit balance on the account per IRM 5.19.2.4.9. Examine
other open MFT filing requirements to see if they can be satisfied or closed
as final.
4. Input ACS Comments. |
Taxpayer is not liable to file |
Taxpayer will be liable to file future returns. |
1. Verify EIN, MFT and Tax Period on ACS and IDRS.
2. Input TC590 cc 38 to IDRS using CC FRM49 on each not liable period.
3. Resolve any credit balance on the account per IRM5.19.2.4.9.
4. Input comments to ACs. |
Taxpayer previously filed the return(s) |
IDRS indicates return(s) filed |
1. Update ACS comments to show return(s) have been filed.
2. If manual processing, pull and destroy the related returns that have
posted from the 6020(b) Package Return Pending File. |
Taxpayer previously filed the return |
IDRS indicates an open TDI |
1. Research CC EINAD for all possible name lines to determine if there
are multiple EINs for the taxpayer. Input ACS Comments.
2. Tell taxpayer to submit a copy of the return with an original signature
(via telephone or C Letter). Transfer to call site contact Function. |
Taxpayer indicates delinquent returns were filed |
Taxpayer shows a different EIN |
Research both EINs on IDRS. |
Filed under a different EIN or Taxpayer gives a different EIN. |
SUMRY (IDRS) shows no data available |
1. Check INOLE for any open filing requirement.
2. Request MFTRA on both EINs to verify returns were filed. |
Filed return(s) under a different EIN |
SUMRY/MFTRA research shows the returns were filed as indicated |
1. Close the filing requirement on the incorrect EIN using TC 591 cc 38.
2. Resolve any credit balances per IRM 5.19.2.4.9.
3. Update ACS comments to show action.
4. Contact taxpayer to inform of case resolution. |
Research is completed |
Research does not resolve EIN discrepancy |
Input ACS comments to document research actions. Reassign TO, IO, 01, 6020
REJ. |
Research indicates returns not filed under either EIN |
Research is completed |
1. Reassign case TOI0, 01, 6020 REJ.
2. Update ACS comments to show research completed. |
Liable for filing the tax return |
Response includes information to complete a return |
1. Prepare a return based on taxpayer figures. Note: Input "taxpayer provided information"
on center of return top margin.
2. Input comments on ACS that the assessment has been prepared using taxpayer's
information.
3. Mail return and appropriate letter telling the taxpayer to sign and
file return within 10 days. |
Tax return is prepared using information from the taxpayer. |
Return is not filed within the suspense period |
Process the return as a 6020(b) return based on taxpayer figures. |
Contact made with the taxpayer. |
Taxpayer promises to file delinquent return(s). |
1. Input ACS comments.
2. Advise taxpayer that if the return(s) are not received by deadline,
the 6020(b) return(s) will be processed.
3. Leave case in appropriate 6020(b) suspense inventory. |
Correspondence or contact made with the taxpayer |
Contact is not sufficient to resolve delinquency. |
1. Input ACS comments.
2. Contact taxpayer and acknowledge response.
3. Request information or return(s) necessary to close the case.
4. Advise taxpayer that 6020(b) process will continue.
5. Leave case in appropriate 6020(b) suspense inventory. |
Another person is authorized to act for him/her--Power of Attorney
(POA ) |
Form 2848 is attached |
1. Input POA information in NOTES on ACS.
2. Route POA Form 2848 to be processed.
3. Respond to the taxpayer or POA as necessary with LT14. |
Taxpayer gives us information that a POA has authority to resolve the matter |
No Form 2848 is attached |
1. Research IDRS cc CFINQ to determine if POA is on CAF file.
2. Input ACS comments.
3. Advise taxpayer to file POA Form 2848 and that the 6020(b) process
will continue. |
|
|
- A6020(b) does not accept new cases with an undelivered mail indicator.
These show on a rejection list.
- Assign the case to the call site by changing the assignment from S-3
or S-6 to TOI0 if new address information is not available. Input
comments "UD Indicator Present"
.
|
|
- ACS support TEs, do not work the UMS Program. Undelivered mail is processed
in the Undelivered Mail System (UMS).
- Enter appropriate taxpayer information from the undelivered letter and
destroy.
- Do not upload comments to ACS. UMS completes upload.
- Change inventory code on ACS from S-3 or S-6 to TOI0.
- Change the Status code to 095 if the case received an undeliverable mail
indicator while in A6020(b).
- UMS researches for new address.
|
5.18.2.4.26 (08-01-2001)
No Response Follow-up, Taxpayer Unagreed 6020(b) Processing
|
- Cases move to Status 022 after 60 days (105 days if the letter is addressed
outside the United States) have elapsed after mailing of the Letter 1085
package. A listing prints showing entities to research.
- Use this listing to research ACS and IDRS for taxpayer responses to the
Letter 1085.
- Modules will remain in Status 022 until they are manually moved
- Cases in Status 022 after 21 days will be listed on an overage list
- Research IDRS to determine if returns are posting. ACS may show additional
taxpayer contacts.
- Move researched modules that are ready for printing of returns for assessment
into Status 023.
|
|
- Determine if the modules are still open, if there are any reasons not to
go forward with 6020(b) assessment, and what action is needed.
- Verify that all modules are still delinquent. Compare IDRS to IDS.
- Research EINAD for possible EINs. Use CC SUMRY to verify the modules are
in ACS and not assigned to another function. If the entity has been reassigned,
follow the procedures for moving modules or accounts to IDS Status 097.
- See LEM 5.18.2.4.27.
- See LEM 5.18.2.4.27.
|
|
- When the case is assigned to Status 023, it automatically goes to 025 and
returns print. Each tax return prints with the required statement: "Prepared Under the Authority of IRC 6020(b)."
- Prepare returns for processing by:
- Writing vertically on the side of the return: TC 599 cc38
- Having return signed by a GS-9 manager or above
- NOTE:
- A signature stamp or electronic signature is acceptable.
- Input into the comments section of ACS and A6020(b) a general note including
the date the 6020(b) returns were submitted for assessment and a follow-up
date.
- Cases in Status 025 more than 75 days appear on a research listing to determine
if the assessment posted. Use listing as a check-list and for research
comments.
- NOTE:
- See LEM 5.18.2.4.28.
|
5.18.2.4.29 (08-01-2001)
Late Responses Received After 6020(b) Returns Processed
|
- "Late responses"
are returns and/or correspondence received after the 6020(b) returns
have been processed.
- Take the following actions:
- Verify EIN, entity and tax period.
- Analyze response for new address, telephone number and levy sources and
input new information to IDRS.
- Adjust account, if appropriate;
- Input comments and new information if account is still on ACS.
- If a Form 3870 (Request for Adjustment) is received from the district office,
adjust the account as requested.
|
|
- Use the following table as a guide when late responses are received.
|
If the Late Response |
And |
Then |
CONTAINS an unprocessed signed return |
6020(b) EIN is correct and the return has posted. |
1. ADJUST TC 150 amount per taxpayer figure.
2. ASSESS TC 270 on corrected tax amount from due date of the return per
IRM 5.5.9.
3. ADJUST TC186
4. USE taxpayer's return for the adjustment source document
5. INPUT TC 560 using IDRS REQ77 per IRM 5.5.7 to change the Assessment
Statute Expiration Date (ASED) date.
6. Input 59939 BB on IDRS. |
REVEALS taxpayer's return has been processed |
The IRC 6020(b) EIN is correct |
1. Adjust IRC 6020(b) assessment. Use correspondence or return as the source
document. |
CONTAINS taxpayer's unprocessed signed return(s) |
6020(b) EIN incorrect and return has posted |
1. ABATE entire 6020(b) assessment under incorrect EIN.
2. INPUT TC 971 per IRM 5.5.1. Use a copy of the return as a source document.
3. DELETE filing requirements of incorrect EIN using TC 591 cc 38.
4. PROCESS return(s) under correct EIN. |
CONTAINS taxpayer's unprocessed signed return(s) |
The IRC 6020(b) return(s) have been sent for assessment but not posted |
1. ESTABLISH control base.
2. When the IRC 6020(b) returns post, ADJUST the tax and penalties as
stated above under taxpayer's response/posted return.
3. ATTACH copies of the correspondence as the source document for each
module. |
STATES taxpayer is not liable for 6020(b) assessment(s) |
MAY be liable for future returns |
1. ABATE IRC 6020(b) assessment and use correspondence as the source document
for each module.
2. INPUT TC 590 CC 38 to close each module. |
States taxpayer is not liable for 6020(b) assessment(s). |
NOT liable for future returns |
1. FOLLOW steps above to abate entire assessment.
2. INPUT TC591 cc38. |
INCLUDES a request for an installment agreement |
IRC 6020(b) assessment has been processed but not yet posted |
SEND letter advising taxpayer of following:
1. FINAL processing of the amount is incomplete.
2. SUBMIT installment plan request after first notice of assessment is
received.
3. MAKE payments to minimize penalty and interest.
4. DESTROY correspondence. |
|
|
- The manual procedures will be used in the event the A6020(b) program is
not available for 6020(b) return processing. Manual instructions contain
the same referral criteria of cases from ACS as well as apply to the same
BMF tax returns.
- See IRM 5.18.2.3 for the BMF returns subject to 6020(b) processing.
|
|
- The basis of the 6020(b) tax assessment is the amount of wages or tax liability
secured from contact with nonfiler.
- NOTE:
- Document the A6020(b) module history as to the method used and basis for
the tax for all cases not using Last Period Satisfied (LPS) wage or tax
as the basis.
- Use the following to calculate the total amount of the wages or tax per
quarter if you do not have the total monthly wage amount: See LEM 5.18.2.4.32.
- See LEM 5.18.2.4.32.
- See LEM 5.18.2.4.32.
- See LEM 5.18.2.4.32.
|
|
- Employment and excise tax returns are prepared in sets with each set containing
an original and one copy.
- Keep the copy of each original in the IRC 6020(b) return pending file.
- NOTE:
- Show the following statement below the signature area of both returns: "This return was prepared and executed under the authority of IRC 6020(b)."
The statement identifies the origin of the returns if they are erroneously
received in other SC functions.
- Include the following items as part of the 6020(b) package:
- Letter 1085 (ACS) addressed to the taxpayer (and a second Letter 1085 to
the POA)
- An original return for each proposed IRC 6020(b) assessment
- Input ACS history code OADT, 45, 1085(ACS) or 1616(ACS ) and show tax periods
mailed in the comments.
|
|
- The unit manager reviews proposed packages prior to mailing for:
- Mathematical and technical errors
- The proper wage and tax figures
- Forward the package for mailing.
|
|
- Prepare a second Letter 1085 package if a case shows a POA on file (CAF).
- Send original Letter 1085(ACS) and prepared returns to the taxpayer.
- Send copies to the representative for only the MFT and tax periods the
POA covers.
- Retain one copy of the letter and original tax return for each proposed
assessment period in the IRC 6020(b) return pending file.
|
|
- Review and research the case if it is still in inventory after 60 days
(105 days if addressed outside the U.S.). Use instructions in IRM 5.18.2.4.26.
- Remove the copy of the prepared returns and the Letter 1085(ACS) from the
IRC 6020(b) return pending file.
- Review ACS to see if the taxpayer has responded with information to close
the case or if the return should be processed.
|
|
- Route the return to the unit manager for review and signature.
- Input on IDRS the TC 599 cc 38 for each period.
- Attach the letter to the return for the oldest period involved and forward
the returns for processing.
- Input OADT, 28, 6020(b) to allow time for the modules to drop off ACS if
all modules are satisfied on the account.
- Enter TOI9 (TOI9, 28, NEWMOD) if there are TDI modules remaining (modules
not included in the IRC 6020(b) package)
- Transfer TO I7, then, Enter TFQU if there are only non-IRC 6020(b); (e.g.,
Form 1120) modules in Sn.
|
|
- Maintain a file of manually prepared returns with corresponding Letters
1085 (ACS) pending taxpayer response.
- Attach a copy of the applicable letter to the oldest return in the IRC
6020(b) processing package.
- File the returns in alpha or TIN order by response date of the letter.
- Purge this file upon receipt of responses or other documents and/or at
the conclusion of the 70 day suspense period.
Exhibit 5.18.2-1 (08-01-2001)
Internal Revenue Code 6020(B) Processing Flowchart
|
|
Exhibit 5.18.2-2 (08-01-2001)
Contents of the Generic Status Research Listing
Research Listings contain the following elements: |
Taxpayer Identification Number |
Name Control |
Master File Tax Code (MFT) |
Period - Tax Periods or Modules |
Date - Date of the Listing |
Function Unit - Inventory Assignment Code |
Assess |
Dollars Proposed for Assessment |
Wage Computation Method (LPS - Last Period Satisfied, C - Credit, W - Wages,
N - None) |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
A6020(b) Status Codes |
Status |
Definition |
Follow-up
(Listing/Days) |
Systematic Change To Next Status |
Next Status |
001 |
Pre-Assessment Research ACS, IDRS/ICS Research Inventory |
A new case list shows new cases each week. Overage list in 30 days. |
No
Manual change is required |
008/019/095/097 |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
The cases coming into Inventory for the first time are systematically listed
on "S3 New Case Listing."
An over-age report generates listing cases that remain in S3 inventory
over 30 days. Cases in S3 may not meet the criteria for using the LPS tax
or wage amount. S3 indicates that the taxpayer has been contacted and some
information has been provided that is more up to date regarding wages,
employees or tax liability. All S3 accounts will have to be researched
on ACS or IDRS to determine what information has been provided. The information
is then added to the module screens and the status changed according to
the information available. Cases can be sent to a holding status, assessment
status, or closed status from this status code. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
002 |
New S-6 Account, meets 1085 eligibility |
00
30 |
Yes
No |
019
019 |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
Inventory from ACS S-6 is systemically loaded into A6020(b) and
placed in status 002. The Form 940 and Form 941 status 002 cases automatically
transfer to status 019 as the information from the last return filed is
being used for the 6020(b). Cause with returns that need information manually
input will stay in Status 002 until information is input and the case must
be updated to status 019. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
005 |
Cases Not On ACS Download |
21 |
Yes
No |
097
050 |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
Cases not on ACS need research to see if an error occurred. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
006 |
Case No Longer On ACS |
30 |
No |
019/095/097 |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
Status 006 is a non-systemic "hold"
area. Cases are manually placed in status 006 and have no specific criteria.
Generally status 006 will be cases from status 001 which need additional
research or waiting for additional information. Status 006 may be used
as an alternative to leaving cases that have already been reviewed in status
001. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
The use of status 006 will allow status 001 to contain only the cases that
were not previously reviewed or researched. Use of status 006 is not mandatory
but may be helpful in managing the inventory. An overage report lists accounts
that remain in status 006 more than thirty days. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
010 |
Centralized Authorization File (CAF) Indicator-Manual Input |
30 |
No |
001/019/095/097 |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
The system will assign all cases with a CAF Indicator to status 010. A
listing of the new status 010 cases prints with the weekly ACS download.
An overage report will generate if cases remain in 010 over 30 days. The
power-of-attorney address must be input before reassigning the case to
019. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
019 |
Ready for 1085 Preparation-Account ready for manager to select for printing. |
An overage report can be generated showing cases that have been in status
019 for over 30 days. |
Yes
(after print request)
No |
020
006/095/097 |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
Inventory in 019 is available for selection and the start of the 6020(b)
process. The 019 list should be reviewed to ensure the cases meet A6020(b)
criteria before requesting the printing of Letter 1085 packages. The case
may reside in status 019 and require suspension of the printing of returns
if there are problems or other unforeseen circumstances. The status 019
has the capability of being manually changed to 006, 095, or 097. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
020 |
1085 Package Request |
00 |
Yes, if printed.
No |
021
019 |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
If there is a printer problem requiring the request to be resubmitted,
the status can be changed to 019. Assignment to status 020 causes the packages
to automatically be printed by sending it to 021. New modules will no associate
to a case once the case reaches status 020. |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
021 |
Letter 1085 Package Generated |
45
Within 45 days |
Yes
No |
022
006/022/040/050/096/097/5xx |
|
|
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
1. Updated ACS with comments that the Letter 1085 packages were printed
and mailed.
2. If the taxpayer responds with information that supports that a return
is not required, the case can be suspended or closed. After 45 days (from
the date of the Letter 1085) the case systemically changes to 0222. |
Exhibit 5.18.2-3 (08-01-2001)
A6020(B) Status Codes
Exhibit 5.18.2-4 (08-01-2001)
View and Update Screen
Exhibit 5.18.2-5 (08-01-2001)
View Option
Exhibit 5.18.2-6 (08-01-2001)
Modules Option
Exhibit 5.18.2-7 (08-01-2001)
Next Module Option
Exhibit 5.18.2-8 (08-01-2001)
CAF Option
Exhibit 5.18.2-9 (08-01-2001)
Wage Option
Exhibit 5.18.2-10 (08-01-2001)
Review, Input, or Update Wage Option
Exhibit 5.18.2-11 (08-01-2001)
Using the Update Option
Exhibit 5.18.2-12 (08-01-2001)
Status Option
Exhibit 5.18.2-13 (08-01-2001)
Screens for Tax Returns 943 and 1065
Exhibit 5.18.2-14 (08-01-2001)
Screen for Changing the Status of All Modules
Exhibit 5.18.2-15 (08-01-2001)
Screen for Changing the Status of One Module
Exhibit 5.18.2-16 (08-01-2001)
Status Screen
Exhibit 5.18.2-17 (08-01-2001)
Comments Option
Exhibit 5.18.2-18 (08-01-2001)
6020(B) Inventory Management Menu
Exhibit 5.18.2-19 (08-01-2001)
Queue Cases for Printing Menu
Exhibit 5.18.2-20 (08-01-2001)
Number of 1085 Packages Ready to be Printed
Exhibit 5.18.2-21 (08-01-2001)
Revise Header Menu
Exhibit 5.18.2-22 (08-01-2001)
IDS 6020(B) Report Menu
Exhibit 5.18.2-23 (08-01-2001)
IDS Print Menu
|
Exhibit 5.18.2-24 (08-01-2001)
DBA Menu
See LEM 5.18.2.
|
|
Internal Revenue Manual
|
Part 5 Collecting Process Chap. 18 Liability Determination Sec. 2 Business Returns IRC 6020(b) Processing |
(08-01-2001) |
|
|