Lawmakers Call on IRS to Ensure Payments to Abuse Victims

RASKIN, MOORE & FITZPATRICK URGE IRS TO ISSUE MISSING STIMULUS PAYMENTS TO SURVIVORS OF DOMESTIC VIOLENCE

September 30, 2020

WASHINGTON, D.C. — Reps. Jamie Raskin (D-MD), Gwen Moore (D-WI), and Brian Fitzpatrick (R-PA) led 107 House Members in sending a bipartisan letter to the Internal Revenue Service (IRS) urging the agency to issue missing economic impact payments (EIPs) to survivors of domestic violence. Nearly every state has reported increases in domestic violence cases since the beginning of the COVID-19 pandemic, and caseworkers and advocates of domestic violence survivors across the country have documented cases of abusive partners stealing or withholding EIPs from survivors. The IRS has decided to issue catch-up EIPs to individuals who did not receive their payments, and the Members are calling on the agency to provide this same relief to survivors of domestic violence.

The Members wrote: “. . . Our dedicated caseworkers have attempted to help constituents recover EIPs that went to the abusive spouse of a domestic violence survivor or was intercepted by an abusive partner. With respect to those victims who are married, caseworkers have been told by the IRS that this is indeed a difficult situation, and constituents should attempt to resolve the split of shared assets, including the EIP, through a divorce settlement. This suggestion is simply untenable and ignores the hardship that these individuals face each day. Further, it forgets those victims who are not married to their abusers but reside at the same address. We are encouraged by your public statements expressing sympathy and heartfelt interest in helping survivors of domestic violence, as well as your recognition that this an issue where the IRS can provide significant assistance.”

Nearly all victims of domestic violence experience economic abuse, and a lack of financial independence is cited as the most common reason for remaining in an abusive relationship. EIPs could empower survivors to leave their abusive partners and support a fresh start. The IRS has a responsibility to ensure all qualifying individuals receive these essential payments.

“This pandemic has exacerbated the terrifying hardships that victims of domestic abuse experience at home, and I am deeply concerned by the sharp increase of domestic violence cases we are seeing in Maryland and across the country,” said Rep. Jamie Raskin. ““Congress passed the CARES Act to provide vital support to people in our communities — from small business people to the unemployed to the hungry to large corporations — during this public health and economic crisis. We must ensure survivors of domestic violence receive the essential relief they were guaranteed through the CARES Act, and the IRS should take immediate action to address this lingering injustice.”

“EIPs, or economic recovery rebates, are a key part of the federal government's attempt to help all families affected by the unprecedented economic downturn our nation is now experiencing,” said Rep. Gwen Moore. “Receiving an EIP can mean the difference between a survivor having the means to leave an abuser and being forced to stay in a dangerous situation, which is critically important now given that cases of domestic violence are rising during the pandemic. But unfortunately, abusers are using EIPs as a tool of control to inflict financial abuse on their victims. That's why I am joining my colleagues in demanding the IRS take a series of steps to guarantee domestic violence victims have access to the payments they are rightfully entitled to.”

“With people across our nation complying with stay-at-home orders, law enforcement has unfortunately seen an increase in the number of domestic violence calls they are receiving,” said Rep. Fitzpatrick. “We must do everything we can to support victims in their time of need, and our bipartisan request to the IRS will hopefully deliver the economic support that they deserve. I am proud to join my colleagues in urging the agency to issue missing economic impact payments (EIPs) to survivors of domestic violence, and I look forward to continuing our bipartisan work.”

The letter is supported by the National Coalition Against Domestic Violence (NCADV), National Network to End Domestic Violence (NNEDV) and The Community Tax Law Project. A copy of the letter is available here.

In addition to Reps. Raskin, Moore and Fitzpatrick, the letter is also signed by the following Members: Allred, Axne, Beatty, Beyer, Blumenauer, Blunt Rochester, Bonamici, Brown, Cárdenas, Carson, Case, Castro, Chu, Cisneros, Clark, Cohen, Cooper, Cuellar, Davis (Danny), Davis (Rodney), Dean, DeFazio, DeLauro, DelBene, DeSaulnier, Dingell, Doggett, Escobar, Evans, Fitzpatrick, Foster, Garcia (Sylvia), Gomez, Gonzalez (Vicente), Gottheimer, Green (Al), Grijalva, Haaland, Hastings, Hayes, Higgins (Brian), Huffman, Jayapal, Jeffries, Johnson (Eddie Bernice), Katko, Kennedy, Khanna, Kildee, Kirkpatrick, Kuster, Larson, Lawson, Lee (Barbara), Levin, Lieu, Loebsack, Lowenthal, Luria, Maloney (Carolyn), McBath, McCollum, McGovern, Moore, Morelle, Nadler, Neguse, Norton, O'Halleran, Panetta, Pappas, Pascrell, Phillips, Pocan, Porter, Pressley, Price, Raskin, Rose, Rouda, Rush, Ryan, San Nicolas, Sanchez, Scanlon, Schakowsky, Scott (Bobby), Sewell, Sires, Smith (Adam), Soto, Spanberger, Speier, Stanton, Suozzi, Takano, Titus, Tlaib, Torres, Trone, Velázquez, Watson Coleman, Welch, Wexton, Wild, Young.

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September 30, 2020

The Honorable Steven T. Mnuchin
Secretary of the Treasury
U.S. Department of Treasury
1500 Pennsylvania Ave., NW
Washington, D.C. 20220

The Honorable Charles P. Rettig
Commissioner
Internal Revenue Service
1111 Constitution Ave., NW
Washington, D.C. 20224

Dear Secretary Mnuchin and Commissioner Rettig:

Thank you for your efforts in executing the Coronavirus Aid, Relief, and Economic Security (CARES) Act, enacted on March 27, 2020, which authorized emergency economic impact payments (EIPs) of up to $1,200 for individuals, plus $500 for each dependent child. From speaking with our caseworkers and advocates serving survivors of domestic violence, we are deeply concerned that survivors remain unable to access EIPs. Congress passed the bipartisan CARES Act to swiftly deliver money into the hands of our most vulnerable constituents, and we cannot leave out survivors of domestic violence. It has been five months since the Internal Revenue Service (IRS) began issuing EIPs, and we urge you to issue payments to survivors of domestic violence without further delay.

The COVID-19 pandemic has exacted a devastating mental, emotional and economic toll across our country, and survivors of domestic violence are particularly vulnerable during this crisis. On top of heavy anxiety spurred by the economic crisis, survivors face terrifying challenges and lethal dangers at home. Since the beginning of this pandemic, almost every state has reported a surge in domestic violence.¹ Advocates at domestic violence support organizations and legal aid clinics across the country have documented cases of abusive partners stealing or withholding EIPs. This problem frequently arises when a joint tax return was filed, sometimes without the victim's consent or knowledge. Nearly all victims of domestic violence experience economic abuse,² and many survivors stay with their abusers due to insufficient financial means to support themselves and their children.³ A $1,200 check could empower survivors to leave their abusive partners and provide them the support they need for a fresh start.

Our dedicated caseworkers have attempted to help constituents recover EIPs that went to the abusive spouse of a domestic violence survivor or were intercepted by an abusive partner. With respect to those victims who are married, caseworkers have been told by the IRS that this is indeed a difficult situation, and constituents should attempt to resolve the split of shared assets, including the EIP, through a divorce settlement. This suggestion is simply untenable and ignores the hardship that these individuals face each day. Further, it forgets those victims who are not married to their abusers but reside at the same address. We are encouraged by your public statements expressing sympathy and heartfelt interest in helping survivors of domestic violence, as well as your recognition that this an issue where the IRS can provide significant assistance.⁴ The IRS has previously decided to issue catch-up payments to qualifying individuals whose EIPs were erroneously offset,⁵ as well as catch-up payments for qualifying families with children who did not receive their $500 payments.⁶ Let us now provide the same relief to survivors of domestic violence who deserve our full support during this difficult time.

In the past, the IRS has issued general guidance for taxpayers who are survivors of domestic abuse, unrelated to EIPs, to ensure that they know their rights.⁷ We urge you to also establish a process by which a survivor of domestic abuse can notify the IRS that he/she is a victim of domestic violence and has not received the EIP as a result of theft or any similar action taken by their abuser. The IRS should use this information to determine the status of the payment and issue the missing EIP directly to the survivor.

Please help us address this one injustice without further delay. Thank you for your attention to this pressing matter, and we look forward to your response.

Very truly yours,

Jamie Raskin
Member of Congress

Gwen Moore
Member of Congress

Brian Fitzpatrick
Member of Congress

Sent on behalf of the following signatories:

Jimmy Gomez	Tony Cárdenas	Bill Pascrell, Jr.
Danny K. Davis	Steve Cohen	Ayanna Pressley
Andy Levin	Susan Wild	Jim Cooper
Deb Haaland	Barbara Lee	Raúl M. Grijalva
Adam Smith	Bonnie Watson Coleman	Mary Gay Scanlon
Linda T. Sanchez	Joaquin Castro	Henry Cuellar
Harley Rouda	Betty McCollum	James P. McGovern
Joe Neguse	Norma J. Torres	Jan Schakowsky
Rashida Tlaib	Al Green	Chris Pappas
Vicente Gonzalez	Dean Phillips	Jahana Hayes
Katherine Clark	Nydia M. Velázquez	Alan Lowenthal
Anthony G. Brown	Pramila Jayapal	Veronica Escobar
Tom O'Halleran	David Trone	Bill Foster
Ed Case	Sylvia R. Garcia	Max Rose
Elaine Luria	David E. Price	Ro Khanna
John B. Larson	Joseph D. Morelle	Eleanor Holmes Norton
Ann McLane Kuster	Bobby L. Rush	Jerrold Nadler
Suzan K. DelBene	Rosa L. DeLauro	Don Young
Terri A. Sewell	Katie Porter	Carolyn B. Maloney
Tim Ryan	Donald S. Beyer Jr.	Thomas R. Suozzi
Lucy McBath	Darren Soto	Jared Huffman
Al Lawson	Cindy Axne	Brian M. Higgins
Debbie Dingell	Lloyd Doggett	Mark Pocan
Alma S. Adams	Joseph P. Kennedy, III	Gilbert R. Cisneros, Jr
Ann Kirkpatrick	Alcee L. Hastings	André Carson
Joyce Beatty	Michael F.Q. San Nicolas	Lisa Blunt Rochester
Madeleine Dean	Albio Sires	Ted W. Lieu
Suzanne Bonamici	Dave Loebsack	Daniel T. Kildee
Josh Gottheimer	Jennifer Wexton	Robert C. "Bobby" Scott
Colin Allred	Judy Chu	Peter Welch
Greg Stanton	Abigail D. Spanberger	Eddie Bernice Johnson
Earl Blumenauer	Peter DeFazio	Dwight Evans
Mark Takano	Dina Titus	Mark DeSaulnier
Rodney Davis	Hakeem Jeffries	Jimmy Panetta
John Katko	Jackie Speier