National Taxpayer Advocate Nina E. Olson today released her
2014 annual report to Congress, which expresses concern that taxpayers this
year are likely to receive the worst levels of taxpayer service since at least
2001 when the IRS implemented its current performance measures. The
report recommends that Congress enact a principles-based Taxpayer Bill of
Rights, adopt additional safeguards to make those rights meaningful, and
provide sufficient funding to make the “Right to Quality Service” a reality.
In the preface to the report, Olson emphasizes four points:
- “First, the budget environment of the last five years
has brought about a devastating erosion of taxpayer service, harming
taxpayers individually and collectively;
- “Second, the lack of effective administrative and
congressional oversight, in conjunction with the failure to pass taxpayer
rights legislation, has eroded taxpayer protections enacted 16 or more
years ago;
- “Third, the combined effect of these trends is
reshaping U.S. tax administration in ways that are not positive for future
tax compliance or for public trust in the fairness of the tax system; and
- “Fourth, this downward slide can be addressed if
Congress makes an investment in the IRS and holds it accountable for how
it applies that investment.”
The report says the combination of the IRS’s increasing workload, the
erosion of public trust occasioned by the IRS’s use of “tea party” and similar
terms in screening applicants for tax-exempt status, and the sharp reduction in
funding have created a “perfect storm” of trouble for tax administration and
therefore for taxpayers. “Taxpayers who need help are not getting it, and
tax compliance is likely to suffer over the longer term if these problems are
not quickly and decisively addressed,” Olson wrote.
The report also urges Congress to enact comprehensive tax reform, pointing
out that simplification would ease burdens on taxpayers and the IRS alike.
TAXPAYER SERVICE LEVELS EXPECTED TO FALL TO NEW LOWS
The report describes the decline in taxpayer service in detail and
attributes the decline to a combination of more work and reduced resources for
the IRS.
Scope of Taxpayer Service Needs. Nearly 200 million
Americans interact with the IRS each year, more than three times as many as any
other federal agency. (Individuals file nearly 150 million returns,
including about 50 million joint returns.) Because of the complexity of
the tax code, large numbers of taxpayers turn to the IRS for assistance.
The IRS typically receives more than 100 million telephone calls, 10 million
letters, and 5 million visits at its walk-in sites from taxpayers each year.
Decline in Taxpayer Service Levels. IRS taxpayer
service reached its high-water mark in fiscal year (FY) 2004. In that
period, the IRS answered 87% of calls from taxpayers seeking to speak with an
assistor, and hold times averaged 2.5 minutes. The IRS also responded to
a wide range of tax-law questions, both on its toll-free lines and in its
roughly 400 walk-in sites, prepared nearly 500,000 tax returns for taxpayers
who requested help (particularly low income, elderly, and disabled taxpayers),
and maintained a robust outreach and education program that touched an
estimated 72 million taxpayers.
By comparison, the IRS’s diminished service expectations for FY 2015 are as
follows:
- The IRS is unlikely to answer even half the telephone
calls it receives, and levels of service may average as low as 43%.
- Taxpayers who manage to get through are expected to
wait on hold for 30 minutes on average and considerably longer at peak
times.
- The IRS will answer far fewer tax-law questions than in
past years. During the upcoming filing season, it will not answer
any tax-law questions except “basic” ones. After the filing season,
it will not answer any tax-law questions at all, leaving the roughly 15
million taxpayers who file later in the year unable to get answers to
their questions by calling or visiting IRS offices.
- Tax return preparation assistance has been eliminated.
More Work, Reduced Resources. On the workload side,
the IRS is receiving 11% more returns from individuals, 18% more returns from
business entities, and 70% more telephone calls (through FY 2013) than a decade
ago. During the upcoming filing season, implementation of the Patient
Protection and Affordable Care Act and the Foreign Account Tax Compliance Act
are both expected to add considerable new work.
On the resources side, the IRS’s budget has been reduced by about 17% in
inflation-adjusted terms just since FY 2010. As a consequence, the IRS
has already reduced its workforce by nearly 12,000 employees and projects
further reductions will be needed during FY 2015. In addition, the IRS
has reduced the amount it spends on employee training since FY 2010 by
83%. These cutbacks leave the IRS with a shrinking workforce whose
employees are less equipped to do their jobs.
“Like any agency, the IRS can operate more effectively and efficiently in
certain areas,” Olson wrote. “However, we do not see any substitute for
sufficient personnel if high-quality taxpayer service is to be provided.
The only way the IRS can assist the tens of millions of taxpayers seeking to
speak with an IRS employee is to have enough employees to answer their
calls. The only way the IRS can timely process millions of taxpayer
letters is to have enough employees to read the letters and act on them.
And the only way the IRS can meet the needs of the millions of taxpayers who
visit its walk-in sites is to have enough employees to staff them.”
Olson urged Congress and the IRS to work together to ensure that taxpayer
needs are met. “We do not think it is acceptable for the government to
tell millions of taxpayers who seek help each year, in essence, ‘We’re
sorry. You’re on your own,’” the report says.
TAXPAYER BILL OF RIGHTS, SPECIFIC TAXPAYER PROTECTIONS, AND JOINT
CONGRESSIONAL OVERSIGHT HEARINGS RECOMMENDED
Since 2007, the National Taxpayer Advocate has been recommending that
Congress enact a Taxpayer Bill of Rights, a list of 10 rights based on
principles and modeled on the U.S. Constitution’s Bill of Rights. In
2013, the House passed legislation to implement this recommendation, but the
Senate did not act. In 2014, the IRS adopted the Taxpayer Bill of Rights
administratively, a step Olson praised. However, Olson continues to
recommend that Congress enact the provisions by statute to assure taxpayers
that the rights will become “a permanent part of our tax system.”
“Taxpayer rights are central to voluntary compliance,” the report
says. “If taxpayers believe they are being treated, or can be treated, in
an arbitrary and capricious manner, they will mistrust the system and be less
likely to comply of their own volition. By contrast, taxpayers will be
more likely to comply if they have confidence in the fairness and integrity of
the system.”
Noting that the principle-based rights are “only as effective as the
specific statutory rights that give [them] effect,” the report recommends that
Congress enact specific taxpayer rights that the Advocate has proposed in this
and prior-year reports and that relate to each of the 10 conceptual
rights. Almost every issue discussed in the Advocate’s report identifies
one or more of the rights in the Taxpayer Bill of Rights that the IRS can do a
better job of protecting.
In the “Most Serious Problems” section, the report focuses on specific
rights provided to taxpayers by the IRS Restructuring and Reform Act of 1998
(RRA 98) and describes how the IRS, for a variety of reasons, is not respecting
some of the protections Congress established in that Act. The report also
notes that Congress passed taxpayer rights legislation in 1988, 1996, and 1998
but has not passed any significant taxpayer rights legislation in the last 16
years.
“The National Taxpayer Advocate believes the time is right for taxpayer
rights legislation,” the report says. “The passage of time has shown
where new protections are needed. Without providing these specific
taxpayer protections, the [Taxpayer Bill of Rights] becomes merely a statement
of principles, without any teeth to ensure that these fundamental rights are
protected on a daily basis, and that taxpayers have remedies and the IRS is
held accountable for any violations of these rights.”
The report says that funding and oversight are essential to protect taxpayer
rights. Noting that the “Right to Quality Service” and other rights can
only be honored if the IRS has enough resources, the report says “[t]he IRS
will be severely hampered in its ability to implement new policies, procedures,
and systems for protecting taxpayer rights if it does not receive adequate
funding.”
With regard to congressional oversight, the report says RRA 98 required
Congress to hold joint hearings to review, among other things, the IRS’s
progress in meeting its objectives and improving taxpayer service and
compliance. Each hearing was conducted by majority and minority members
of the House Committees on Ways and Means, Appropriations, and Oversight and
Government Reform and the Senate Committees on Finance, Appropriations, and
Homeland Security and Governmental Affairs. The report recommends these
hearings be revived to identify and address problem areas, with emphasis on how
the IRS is meeting the needs of particular groups of taxpayers, including
individuals, small businesses, and exempt organizations, and how it is
protecting taxpayer rights for all.
The report suggests that regular congressional oversight hearings on the
“nuts and bolts” of tax administration would go a long way toward educating
Members of Congress about the important work of the IRS including its successes
and challenges, foster a shared sense of purpose in tackling the challenges,
and allow Members to see more closely how funding levels and performance levels
interrelate.
“The IRS will never be a beloved federal agency, because it is the face of
the government’s power to tax and collect,” Olson wrote. “But it should
be a respected agency. When there are accusations of bias or heavy-handed
actions by the tax agency, these reinforce the already deep concerns the U.S.
taxpayer bears toward taxes, such as concerns going back to the nation’s
founding.”
“But casting the entire agency and all its employees as an out-of-control
agency in response to the actions of a few, no matter how deplorable those
actions may be, is harmful to taxpayers and tax compliance. We need to
recognize that the IRS and its employees play a vital role in the economic
welfare of this country. And we need to find a way to support the agency
even as we hold it accountable for what is often a thankless task.”
OTHER KEY ISSUES ADDRESSED
Federal law requires the Annual Report to Congress to identify at least 20
of the “most serious problems” encountered by taxpayers and to make
administrative and legislative recommendations to mitigate those
problems. Overall, this year’s report identifies 23 problems, makes
dozens of recommendations for administrative change, makes 19 recommendations
for legislative change, and analyzes the 10 tax issues most frequently
litigated in the federal courts.
Among the “most serious problems" addressed are the following:
Lack of Clear Rationale for Taxpayer Service Resource Allocation
Decisions. The National Taxpayer Advocate is concerned that the IRS
does not have a rigorous methodology for making the difficult
resource-allocation decisions required by today’s tight budget
environment. A recent report by the Treasury Inspector General for Tax
Administration also reached this conclusion. In response to these
concerns, the IRS’s Wage & Investment Division (W&I) is collaborating
with the Taxpayer Advocate Service (TAS) on the development of a ranking methodology
for the major taxpayer service activities. Its purpose is to balance cost
savings the IRS can achieve by automating service delivery options against the
needs of taxpayers for personal service. Considerable progress has been
made, but it is not clear whether the IRS will devote the short-term resources
required to determine how it can better allocate its limited resources over the
long term. The report recommends that W&I continue to work with TAS
to develop the be
st ranking methodology possible.
Lack of a Functional IRS Presence in Many Areas. The
report assesses the impact of the IRS’s shift from a geographic-based structure
to a centralized structure organized by taxpayer segments, as directed by RRA
98. While centralization has benefits, the report says local functional
presence is also important. The report says the attributes and needs of
populations that are geographically clustered in certain regions are often
neglected under the current structure. To illustrate the IRS’s shrinking
geographic footprint, the report provides staffing data that shows sharp
declines in key IRS functional personnel in the state of Wyoming (as an example
of a low-volume region) and in the New York City borough of Manhattan (as an
example of a high-volume region), while staffing at a centralized IRS campus
has increased considerably since FY 2001. The report also points out that
the IRS now has no outreach staff dedicated to small business and self-employed
taxpayers in 13 states and no Appeals or Settlement Officers present in 12
states, which makes the ability to obtain local assistance or Appeals hearings
challenging for taxpayers.
Potential Patient Protection and Affordable Care Act (ACA) Burdens.
The report credits the IRS with making “tremendous progress” in implementing
provisions of the ACA within its jurisdiction. However, the report points
out that the IRS is “downstream” of many of the reporting processes required by
the law, because it receives new information returns from exchanges through the
hub maintained by the Department of Health and Human Services. Therefore,
problems may arise over which the IRS has no control. The report
describes continuing challenges the IRS faces in implementing the law,
including the processing of returns reconciling Advanced Premium Tax Credits,
and makes recommendations in several areas.
Offshore Voluntary Disclosure (OVD) Program Inequities.
The report describes the evolution of the OVD program and the disproportionate
penalties it says were often imposed, particularly with respect to
unrepresented taxpayers. The IRS changed the streamlined program in 2014
in ways that allow many taxpayers to pay lower penalties. However, the
new rules do not allow taxpayers who already had entered into closing
agreements with the IRS at higher penalty rates to amend those
agreements. Therefore, taxpayers who are the most deserving of leniency
because they were the first to acknowledge they had failed to comply with
foreign account reporting requirements ultimately are paying substantially greater
penalties than taxpayers who waited until later to acknowledge their
noncompliance. Among other things, the report recommends that the IRS
revisit this decision.
Absence of Studies to Determine Whether Existing Penalties Promote
Voluntary Compliance. The number of provisions in the Internal
Revenue Code that either authorize or require the IRS to impose penalties has
ballooned from 14 in 1955 to over 170 today. More than 20 years ago,
Congress recommended that the IRS “develop better information concerning the
administration and effects of penalties” to ensure they promote voluntary
compliance. The IRS Office of Service-wide Penalties (OSP) is, according
to the report, “an office of six analysts buried three levels below the Small
Business/Self-Employed Division Commissioner [that] cites insufficient
resources, insufficient staffing, employees with the wrong skillsets, and a
lack of access to penalty-related data as barriers to conducting penalty
research.” In light of the large number of penalty provisions in the tax
code, the large number of taxpayers against whom penalties are imposed, and the
significant amount of some penalties, the report recommends that the IRS ensure
the OSP has sufficient resources and support to conduct and publish appropriate
studies.
New TAS Research Studies. Volume 2 of the report contains
three new research studies, including an important study on the needs of low
income taxpayers. The Advocate’s office commissioned a survey of more
than 1,100 low income individuals to better understand their circumstances and
service needs, particularly in relation to Low Income Taxpayer Clinics but also
more generally. The survey findings show that technology use varied
across incomes, education levels, and age groups. The survey found that
some groups of taxpayers are less likely to utilize technology than others,
which suggests that reductions in telephone and walk-in services will affect
those taxpayers disproportionately.
The findings also suggest that low income taxpayers are more vulnerable and
more likely than the population at large to be taken advantage of by unskilled
or unscrupulous tax return preparers. More than 15% of those relying on a
preparer said they either did not receive a copy of their return or the
preparer did not sign the return. Put differently, for nearly one in six
low income taxpayers who used preparers, the preparers did not follow the basic
statutory requirements established for commercial tax return preparation.
