JCT Reports on IRS Return Disclosure Data for 2014
JCX-89-15
- Institutional AuthorsJoint Committee on Taxation
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2015-13337
- Tax Analysts Electronic Citation2015 TNT 109-48
Prepared by the
INTERNAL REVENUE SERVICE
Published by the Staff
of the
JOINT COMMITTEE ON TAXATION
June 5, 2015
JCX-89-15
INTRODUCTION
Section 6103(p)(3)(C) of the Internal Revenue Code provides that the Secretary of the Treasury shall, within 90 days after the close of each calendar year, furnish to the Joint Committee on Taxation for disclosure to the public a report which provides, with respect to each Federal agency and certain other entities, the number of: (1) requests for disclosure of returns and return information (as such terms are defined in section 6103(b)); (2) instances in which returns and return information were disclosed pursuant to such requests or otherwise; and (3) taxpayers whose returns, or return information with respect to whom, were disclosed pursuant to such requests.1 In addition, the report must describe the general purposes for which such requests were made.
Pursuant to section 6103(p)(3)(C), the Internal Revenue Service ("IRS") prepared a disclosure report for public inspection covering calendar year 2014. The IRS also provided certain supplemental and corrected information regarding the IRS disclosure reports for calendar years 2012 and 2013.2
This document sets forth the report of the Internal Revenue Service, verbatim.3
Disclosure Report for Public Inspection
Pursuant to 26 USC Section 6103(p)(3)(C)
Internal Revenue Service
Calendar Year 2014
Calendar Year 2014 Volume of Disclosures of Tax Returns and/or
Return Information Required to be Accounted for Pursuant
to 26 U.S.C. sec. 6103(p)(3)(A)
_____________________________________________________________________
IRC Section Bulk Master
6103 File Data
Disclosure To/For Subsection (see note 1)
_____________________________________________________________________
Tax Checks (c)
States (d) 7,750,742,634
Congressional Committees (f) 64,569,982
GEO, as Agent to Congressional (f) 87,981,982
Committees
President and Head of Agencies (g) 0
Department of Justice (1)(2) 0
US Attorneys (i)(1) 0
US Attorneys (i)(2) 0
FBI (i)(3)(A) 0
FBI (i)(3)(B) 0
Other (i)(3)(C) 0
Other (i)(7)(A) 0
Other (i)(7)(B) 0
US Attorneys (i)(7)(C) 0
Government Accountability (i)(8) 0
Office
Bureau of Census (j)(1)(A) 1,430,813,024
Bureau of Economic Analysis
(Note 5) (j)(1)(B) 0
Office of Economic Policy (j)(3) 0
Department of Agriculture (j)(5) 1,880,970
Congressional Budget Office (j)(6) 0
Foreign Countries (k)(4) 1,124,324
Tax Treaty Authority (Note 6)
Bureau of Prisons (Federal and (k)(10) 0
State)
Department of Labor (l)(2) 0
Pension Benefit Guaranty
Corporation
Federal Agencies (l)(3) 0
Department of Treasury (l)(4)(A) 0
Employees
Child Support Enforcement (l)(6) 28,386,563
Agencies
Medicare Premium Subsidy (l)(20) 8,638,932
Adjustment (Note 7)
Affordable Care Act (1)(21) 55,765,781
States IRC Section 6104(c) 0
TOTALS 9,429,904,192
_____________________________________________________________________
[table continued]
_____________________________________________________________________
Total
Other Number of
Disclosures Disclosures
Disclosure To/For (see note 2) (see note 3)
_____________________________________________________________________
Tax Checks 10,429 10,429
States 148,411,197 7,899,153,831
Congressional Committees 0 64,569,982
GEO, as Agent to Congressional 0 87,981,982
Committees
President and Head of Agencies 0 0
Department of Justice 0 0
US Attorneys 26,421 26,421
US Attorneys 112 112
FBI 1 1
FBI 8 8
Other 0 0
Other 0 0
Other 0 0
US Attorneys 0 0
Government Accountability 2,162 2,162
Office
Bureau of Census 2,662,110 1,433,475,134
Bureau of Economic Analysis
(Note 5) 374 374
Office of Economic Policy 4,808,733 4,808,733
Department of Agriculture 1,880,970
Congressional Budget Office 0 0
Foreign Countries 2,557 1,126,881
Tax Treaty Authority (Note 6)
Bureau of Prisons (Federal and 0 0
State)
Department of Labor 1,885 1,885
Pension Benefit Guaranty
Corporation
Federal Agencies 0 0
Department of Treasury 57 57
Employees
Child Support Enforcement 0 28,386,563
Agencies
Medicare Premium Subsidy 0 8,638,932
Adjustment (Note 7)
Affordable Care Act 0 55,765,781
States IRC Section 6104(c) 29,263 29,263
TOTALS 155,955,309 9,585,859,501
_____________________________________________________________________
Reference Notes:
(1) Bulk Master File Data -- Disclosures are generated when an agency receives data from a database extract of taxpayer information. Each extract contains different data elements of a taxpayer's account information based on the nature and purpose of the specific extract. A block of data elements on one taxpayer for one year or period constitutes one record and is counted as one disclosure. In order to properly track any disclosure, the taxpayer's identity information (taxpayer's name, identification number and/or address) is included in every extract record. Other data specific to that extract is included in the record depending on the extract. Each record, regardless of amount of data elements constitutes one disclosure. Examples of varying data elements within a record include, for example; specific line items (or unique combinations of line items) from a tax return; account transactions (payments, assessments, refunds, adjustments); math and audit adjustments; filing dates and other filing activities such as extensions, filing status and exemptions. Each tax year or period disclosed for each record is counted as one disclosure.
(2) Other Disclosures -- Disclosures that are not bulk/extract disclosures also vary depending on what is included in the record. Disclosures are made when the IRS releases transcripts of accounts, permits inspection of or furnishes photocopies of records, makes oral or written disclosures, and any disclosure by means of correspondence without furnishing a copy of the record. Also included are disclosures from locally automated files. Examples include copies of examination or collection administrative files. When some or all of the contents of an administrative file are disclosed, the IRS counts the number of disclosures based on the number of taxpayers and tax years or periods contained within that file.
(3) Disclosure Counts -- The number of disclosures of tax information depends on the type of record disclosed and what constitutes a record subject to disclosure accounting. Generally, when some part of one taxpayer's record is disclosed for one year or period, the IRS counts that as one disclosure. For example, if a return transcript is disclosed to a state tax agency, the IRS counts one disclosure for every tax year each time a transcript is disclosed. If the agency receives a transcript for two tax years, that is counted as two disclosures. If the agency receives three different transcripts for the same taxpayer and tax year, which is counted as three disclosures since each transcript is a separate record.
(4) United States Attorneys -- Disclosures pursuant to an Ex Parte Court Order under IRC Section 6103(i)(1) are generally made to the Department of Justice, U.S. Attorney's Office (USAO). In prior years, the majority of disclosures were to the USAO. When directed by the Ex Parte Order and in coordination with the USAO instructions, the IRS disclosed in a small number of cases, return information directly to the named law enforcement employees of the Drug Enforcement Agency (DEA), Federal Bureau of Investigation (FBI), and other agencies (Other). The small numbers of disclosures directly to those agencies are still coordinated with the USAO. Employees of these law enforcement agencies conduct the non-tax criminal investigations, assist the USAO in the Ex Parte application process and use the return information obtained to further those investigations. There was no change to the total number of disclosures in prior years. To simplify the 2014 report, we combined all Ex Parte disclosures into one line item.
(5) See Prior Year Corrections, below.
(6) Foreign Tax Treaty Disclosures -- The total number of disclosures are from two sources: 2,557 -- Disclosures of taxpayer-specific returns or return information made to a competent authority of a foreign government with which the United States has an income tax convention or other bilateral agreement relating to the exchange of tax information with the United States. 1,124,324 -- Disclosures relating to automatic exchanges of information by the United States to a competent authority of a foreign government with which the United States has an income tax convention or other bilateral agreement relating to exchange of information with the United States. Such exchanges consist of fixed, determinable, annual or periodical (FDAP) income data pertaining to taxpayers reporting residence in a foreign jurisdiction. The data exchanged are drawn from the information reported to the IRS annually by withholding agents on Form 1042-S (Foreign Person's U.S. Source of Income Subject to Withholding). Automatic exchanges were paused in 2013 to update the processes the IRS employs to assess whether U.S. exchange partners have the appropriate legal framework and infrastructure to safeguard the information exchanged, and implement these new processes.
Prior Year Corrections:
(5) Bureau of Economic Analysis (BEA) (Department of Commerce) -- Disclosures were overstated in prior years. The error resulted from a misunderstanding of the disclosures made to the BEA for two different purposes.
Disclosures to BEA CY 2012 CY 2013
_____________________________________________________________________
Reported 107,009,753 28,552,289
Corrected 411 343
The corrected disclosures are for corporate return information pursuant to IRC Section 6103(j)(1)(B) and subject to this accounting. The corrected disclosures align with the disclosures made in 2014. The overstated disclosures were to the BEA, but in their capacity as a contractor to the Statistics of Income function of IRS. Disclosures to a contractor under IRC Section 6103(n) are not subject to accounting.
(7) Social Security Administration (SSA) Medicare Premium Subsidy Adjustment under IRS Section 6103(1)(20): Disclosures were overstated in prior years. The error resulted from a misunderstanding of the actual disclosures made.
Disclosures to BEA CY 2012 CY 2013
_____________________________________________________________________
Reported 39,798,632 41,466.018
Corrected 6,052,330 6,366.635
SSA sends to the IRS a record of all taxpayers who receive Medicare benefits and the income threshold over which they do not qualify for a Medicare subsidy. IRS researches the Master File and discloses specific return information only for those taxpayers exceeding the criteria. IRS also returns the remaining list of taxpayers to SSA without explanation. In prior years, we thought returning the entire list to SSA was a disclosure because the IRS accessed the Master File database using that list. Any disclosure of return information, even the absence of something, such as a fact of non-filing, constitutes a disclosure.
The extract containing taxpayer information constitutes a disclosure under IRC Section 6103(1)(20). Returning the remaining taxpayer list to SSA does not. This second list did not contain any explanation for why taxpayers did not exceed SSA's subsidy criteria. In fact, the list was an unspecified combination of data that includes --
Taxpayers whose income did not exceed the threshold
Taxpayers for whom there were no returns filed
The data SSA provided did not match our records (SSN/Name mismatch). There was no disclosure, since there was no 'making known' to SSA of anything more than what SSA already provided the IRS.
Explanation of Internal Revenue Code Section 6103
_____________________________________________________________________
IRC Section 6103 Subsection Purpose of Disclosure
_____________________________________________________________________
(c) Disclosure of returns and return information to
the designee of the taxpayer.
(d) Disclosure of returns and return information to
State tax officials having responsibility for
administering State tax law.
(f) Disclosure of returns and return information to
Committees of Congress or their agents
(including Government Accountability Office
(GAO)) and the Joint Committee on Taxation
(JCT)).
(g) Disclosure of returns and return information of
any taxpayer by request of the President, or
for return information of taxpayers considered
for appointment to the executive or judicial
branches by the President or head of any
Federal agency.
(h)(2) Disclosure of returns and return information to
the Department of Justice in a tax
administrative manner for use in, or preparing
for, any proceeding or investigation before a
Federal Grand Jury, Federal or State court,
pursuant to a written request by the Attorney
General, Deputy or Assistant Attorney General.
(i)(1) Disclosure of returns or return information to
Federal officers or employees upon the grant of
an ex parte order by a Federal district court
judge or magistrate for use in Federal non-tax
criminal investigations.
(i)(2) Disclosure of return information, other than
taxpayer return information, to Federal
officers or employees for use in Federal
non-tax criminal investigations, upon request
by the head of the agency or Inspector General
thereof (or designated officials of the
Department of Justice).
(i)(3)(A) Disclosure of return information other than
taxpayer return information, to apprise
appropriate Federal officials of potential
violations of Federal criminal law.
(i)(3)(B) Disclosure of return information in situations
involving the imminent threat of death or
physical injury to any individual. Disclosure
is made to Federal or State law enforcement.
Also includes disclosure to Federal law
enforcement in situations involving flight from
Federal prosecution.
(i)(3)(C) Disclosure of return information other than
taxpayer return information in situations that
may be related to a terrorist incident, threat,
or activity.
(i)(7)(A) Disclosure of return information other than
taxpayer return information to officers and
employees of any Federal law enforcement agency
personally and directly engaged in the response
to or investigation of any terrorist incident,
threat, or activity.
(i)(7)(B) Disclosure of return information, other than
taxpayer return information, to Federal
agencies engaged in the collection or analysis
of intelligence and counterintelligence
information or investigation concerning any
terrorist incident, threat, or activity upon
receipt of a valid written request by the
Secretary.
(i)(7)(C) Disclosure of return or return information to a
Federal law enforcement or Federal intelligence
agency engaged in any investigation, response
to, or analysis of information concerning a
terrorist incident, threat, or activity upon
grant of an ex parte court order by a Federal
district court judge or magistrate.
(i)(8) Return and return information is open to
inspection by the Government Accountability
Office for purposes of auditing, among others,
the Internal Revenue Service.
(j)(l)(A) Disclosure of returns, or return information
reflected thereon, to the Bureau of the Census
in activities allowed by law.
(j)(l)(B) Disclosure of return information reflected on
returns of corporations to the Department of
Commerce for statistical use by the Bureau of
Economic Analysis in activities allowed by law.
(j)(3) Disclosure of Social Security data extracts of
individual Social Security earnings and
benefits for use in preparing economic or
financial forecasts, projections, analyses, and
statistical studies.
(j)(5) Disclosure of returns, or return information
reflected thereon, to the Department of
Agriculture for structuring, preparing, and
conducting the Census of Agriculture as allowed
by law.
(j)(6) Disclosure of return information to the
Congressional Budget Office for long-term
modeling of the Social Security and Medicare
programs.
(k)(4) Disclosure of returns or return information to
the competent authority of a foreign government
that has a tax convention or bilateral
information exchange agreement with the United
States.
(k)(10) Disclosure of returns or return information to
the Federal Bureau of Prisons or any State
agency charged with administration of state
prisons to the extent the IRS determines an
incarcerated individual filed or facilitated in
filing a false return.
(l)(2) Disclosure of returns and return information to
the Department of Labor and Pension Benefit
Guaranty Corporation for administration of
Titles I and IV of the Employee Retirement
Income Security Act of 1974.
(l)(3) Disclosure of tax delinquent account indicator
to Federal agencies to determine credit
worthiness of a Federal loan applicant.
(l)(4)(A) Disclosure of returns and return information
for the use in personnel or claimant
representative matters by employees of the
Department of the Treasury or practitioners who
are the subject of such matters, or their
representatives.
(l)(6) Disclosure of return information to Federal,
State, and local child support enforcement
agencies for use in establishing and collecting
child support obligations from and locating
individuals owing such obligations.
(l)(20) Disclosure of return information to the
Commissioner of Social Security for use in
establishing the appropriate amount of any
Medicare part B premium adjustment under
section 1839 of the Social Security Act.
(1)(21) Disclosure of return information to the
Secretary of Health and Human Services for use
in determining any premium tax credit,
cost-sharing reduction, eligibility for
participation in a State's Medicaid program, a
State's children's health insurance, or a basic
health program covered by the Patient
Protection and Affordable Care Act.
IRC Section 6104(c) Disclosure of certain information pertaining to
charitable organizations to appropriate state
officers.
1 Unless otherwise stated, all section references are to the Internal Revenue Code of 1986, as amended.
2 For the IRS report for calendar year 2012, see Joint Committee on Taxation, Disclosure Report for Public Inspection Pursuant to Internal Revenue Code Section 6103(p)(3)(C) for Calendar Year 2012 (JCX-8-13), April 15,2013. For the IRS report for calendar year 2013, see Joint Committee on Taxation, Disclosure Report for Public Inspection Pursuant to Internal Revenue Code Section 6103(p)(3)(C) for Calendar Year 2013 (JCX-52-14), May 22, 2014.
3 This document may be cited as follows: Joint Committee on Taxation, Disclosure Report for Public Inspection Pursuant to Internal Revenue Code Section 6103(p)(3)(C) for Calendar Year 2015 (JCX-89-15), June 5,2015. This document is also available on the Joint Committee on Taxation website at www.jct.gov.
END OF FOOTNOTES
- Institutional AuthorsJoint Committee on Taxation
- Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2015-13337
- Tax Analysts Electronic Citation2015 TNT 109-48