2003 Tax Help Archives  

IRS Procedures

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.


1.1 IRS Procedures: General Procedural Questions


Does IRS provide free tax information and services?

Yes. Refer to Tax Topic 101 , IRS Services, or Publication 910 (PDF), IRS Guide to Free Tax Services, which describes the IRS publications and the free tax information services you can receive throughout the year. On this web site, visit the IRS Assistance Map for local help information, Forms and Pubs for a complete list of forms and publications available for download, and TeleTax Topics for other IRS information.

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Do you have assistance for taxpayers with disabilities?

Yes. Here are some of the available IRS services: Tax Topics on this web site are compliant with the International Conference On Auditory Display (ICAD) when you download them to adaptive computer equipment. Special telephone assistance is available during normal business hours for hearing impaired individuals through TDD equipment, allowing the hearing-impaired person to communicate with a tax assistor in either English or Spanish. The toll-free number for this service is 1-800-829-4059. Also, Braille materials for the visually impaired is available at regional libraries that have special services for persons with disabilities.

For additional information on these subjects and other areas that may affect persons with disabilities, refer to Tax Topic 102, Tax Assistance for Individuals with Disabilities and the Hearing Impaired, or Publication 907, Information for Persons with Disabilities.

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I have not filed tax returns for several years. What should I do?

Call (800) 829-1040. The assistor will answer your tax questions and help you obtain blank prior year forms and financial information. Some prior year tax forms are available on this site. For additional information, refer to Tax Topic 153, What to do if You Haven't Filed Your Tax Return.

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Will the IRS recommend a reputable preparer?

The IRS will not recommend a specific tax preparer. You could check with friends, co-workers, or your employer for help in selecting a reputable preparer. For information on factors to consider when choosing a preparer, refer to Tax Topic 254, How to Choose a Tax Preparer.

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If I don't agree with an audit assessment, do I have any appeal rights?

The IRS has an appeals system for people who do not agree with the results of an examination of their tax returns or with other adjustments to their tax liability. For further information on the appeals process, refer to Tax Topic 151, Your Appeal Rights or Publication 5 (PDF) , Your Appeal Rights and How to Prepare a Protest if You Don't Agree .

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Where can I get information about becoming a licensed IRS tax preparer?

You do not have to be licensed or certified by the IRS in order to complete someone's income tax return for pay. You are, however, required to sign the return as a "Paid Preparer."

A paid income tax return preparer can be subject to civil penalties for knowingly preparing tax return(s) or refund claim(s) which understate the tax liability or overstate the refund based on unrealistic information. They can also be barred from limited practice for unethical and improper conduct. While not required to examine or review a document or other evidence to independently verify the taxpayer's information, the preparer must make reasonable inquiries if it appears to be incorrect or incomplete. The unenrolled return preparer is guided by the same standards as the enrolled preparers. As the taxpayer's representative, the unenrolled return preparer is expected to recognize questions, issues and factual situations related to the tax return. Refer to Revenue Procedure 81-38.

For additional information, refer to Publication 470 (PDF), Limited Practice Without Enrollment , and Publication 947, Practice Before the IRS and Power of Attorney . For information about becoming an Enrolled Agent or taking the Special Enrollment Examination, visit our Enrolled Agent Program, which is monitored by the Office of Responsibility.

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What are the new changes for 2003?

Refer to Tax Topic 302, Highlights of 2003 Tax Changes , for a brief overview of the tax law changes that are effective in 2003. Some items will be discussed in more detail in separate topics. Remember, this information is effective for your current 2003 return. For more detailed information, refer to Publication 553, Highlights of 2003 Tax Changes .

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What can I do to avoid errors on my tax return in order to receive my refund as quickly as possible?

Refer to Tax Topic 303, Checklist of Common Errors When Preparing Your Tax Return, to assist you in double checking your math and your entire return to help eliminate any delays in receiving your refund.

References:

  • Tax Topic 303, Checklist of Common Errors When Preparing Your Tax Return

How long do I need to keep certain records?

Records such as receipts, canceled checks, and other documents that prove an item of income or a deduction appearing on your return should be kept at least until the statute of limitations expires for that return. Usually this is three years from the date the return was due or filed, or two years from the date the tax was paid, whichever is later. There is no period of limitations when a return is false or fraudulent or when no return is filed. You should keep some records indefinitely, such as property records, since you may need them to determine the basis of the property if it to prove the amount of gain or loss if the property is sold. For more details, refer to Publication 552 Recordkeeping for Individuals, or Tax Topic 305 on Recordkeeping.

If you are an employer, you must keep all your employment tax records for at least four years after the tax is due or paid, whichever is later. For additional information, refer to Publication 583, Starting a Business and Keeping Records. People in business often have expenses for travel, entertainment, and gifts. The documentation you should keep for each of these expenses can be found in Publication 463, Travel, Entertainment, Gift and Car Expenses.

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I recently opened up a new account at the bank, and they asked me to complete a Form W-9. Is this necessary?

Your investment income is generally not subject to regular withholding. However, it can be subject to backup withholding to ensure that income tax is collected on this income.

When you open up a new account, you must certify under penalties of perjury that your social security number is correct and that you are not subject to backup withholding. Form W-9 (PDF), Request for Taxpayer Identification Number and Certification , is used to make this certification. If you fail to make this certification on Form W-9, or similar statement, backup withholding will begin immediately on your new account, and a percentage of the interest paid on your account (29% after December 31, 2003; 28% after December 31, 2005) will be withheld. There are exceptions to this rule. For additional information on who is subject to backup withholding, refer to Tax Topic 307.

References:

  • Form W-9 (PDF), Request for Taxpayer Identification Number and Certification
  • Tax Topic 307, Backup withholding

Does a power of attorney stay in effect for more than one year?

When you complete the Form 2848 (PDF), Power of Attorney and Declaration of Representative, you must show the type of tax, the tax form number, and the year or period(s) for which the power is granted. You can list returns for any number of specified years or periods that have already ended and returns for years or periods that will end no later than three years after the date the form is received by the IRS. A general reference to "all years," "all periods," or "all taxes" is not acceptable. The Form 2848 will be returned to you for correction if you use such general references. The Power of Attorney remains in effect until a new one is sent and revokes the prior one.

References:

  • Form 2848 (PDF), Power of Attorney and Declaration of Representative and Instructions for Form 2848

What is the difference between Form 8821 and Form 2848?

Form 8821 (PDF), Tax Information Authorization , is used to authorize someone to receive your confidential tax information. Form 8821 cannot be used to name an individual to represent you before the IRS. Form 2848 (PDF), Power of Attorney and Declaration of Representative , is used to authorize the individual or individuals named to receive confidential tax information and to represent you before the IRS.

References:

  • Form 2848 (PDF), Power of Attorney and Declaration of Representative
  • Form 8821 (PDF), Tax Information Authorization
  • Publication 947 , Practice Before the IRS and Power of Attorney

I just received my tax package in the mail. Why are there so many forms and schedules in it?

We print several packages that include different forms and schedules that may be filed with Form 1040 (PDF). We mail you the package that includes the items you may need based on what you filed last year. We use packages instead of mailing forms and schedules separately as a cost-saving measure for us and a convenience for you.

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Do I have to file all the forms and schedules that are in my tax package?

No. Complete and attach to your return only the forms and schedules you need to report your income, deductions, and credits.

I'm concerned about the public debt. Can I make a payment to reduce it?

Yes. You can make a contribution (gift) to reduce the public debt. Make a separate check payable to the "Bureau of the Public Debt." You can also enclose the check with your tax return. Please do not add this gift to any income tax you owe. You can send the check to the

Bureau of the Public Debt
Department G
P. O. Box 2188
Parkersburg, W.V. 26106-2188
You can deduct this gift as a charitable contribution on your next tax return if you itemize your deductions on Form 1040, Schedule A. If you owe tax, make a separate check for that amount payable to "United States Treasury."

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I had a large amount of income this year compared to last year. Can I average the two years together?

Income averaging for individuals not engaged in a farming business is no longer available. It was repealed by the Tax Reform Act of 1986.

Will IRS figure the amount of tax and credits for taxpayers?

If you choose, the IRS will figure your tax on Form 1040EZ (PDF), Form 1040A (PDF), or Form 1040 (PDF). Refer to Tax Topic 552, Tax and Credits Figured by IRS, for more information.

References:

  • Form 1040 (PDF), U.S. Individual Income Tax Return, Tax and credits figured by the IRS
  • Form 1040A (PDF), U.S. Individual Income Tax Return
  • Form 1040EZ (PDF), U.S. Individual Income Tax Return for Single and Joint Filers with No Dependents
  • Tax Topic 552, Tax and credits figured by the IRS
  • Publication 967 , The IRS will figure your tax

I'm concerned because my check payment to the IRS has not been cashed yet. What should I do?

You can call (800) 829-1040 and ask an IRS representative if the payment has been credited to your account. If it has not and the check has not cleared your financial institution, you may choose to place a stop-payment on the original check and send another payment.

In what tax year is income reported? Does it matter when I receive the check ? Does it matter when I earned the money?

The proper year for reporting income depends on your method of accounting (cash or accrual). The majority of taxpayers filing Form 1040 use the cash method of accounting. Cash method taxpayers report the items of income in the year in which the income was actually or constructively received. For cash method taxpayers, the year that the income is earned is irrelevant.

With respect to "actual receipt," if you receive an item of income that is paid to you by check, your receipt of that check is taxable to you as if it were cash.

With respect to "constructive receipt," constructive receipt occurs when the income is made available to you. For example, you are in constructive receipt of income paid to you by check if the check has been cut and is readily available to you, even though you have not picked it up as planned. Also, you are in constructive receipt of bank interest when it has been credited to your account, even though you have not withdrawn it.

If you are filing Form 1040 (PDF), it is unlikely that you are an accrual method taxpayer. Nevertheless taxpayers who use the accrual method generally report income in the year it is earned, billed, or received, whichever occurs first.

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