Installment Agreement IRS Interview

IRS Manual

 

 

[105.1] 2.1  (09-26-1996)
Overview

  1. This section explains how to interview a taxpayer to determine the fastest means of collecting the tax; how to make the appropriate collection decision; and how to conclude an extension to pay or installment agreement. These procedures apply to all functions dealing with taxpayers who owe tax.

[105.1] 2.2  (09-26-1996)
Using the Tiered Interview to Secure Full Payment

  1. Your first objective in contacting delinquent taxpayers is immediate full payment of undisputed liabilities and compliance with all filing and paying requirements (Collecting Principle 3, Policy Statement P-5-2). Possible payment options in order of preference are:
    1. Full payment TODAY.
    2. Largest possible payment TODAY and full payment within 10 days.
    3. Short-term extension to pay.
    4. Streamlined installment agreement.
    5. Non-streamlined installment agreement.
  2. The Tiered Interview involves several levels of questioning to determine the earliest possible date for full payment:
    1. Demand full payment TODAY or largest possible payment TODAY with full payment within 10 days.
    2. Explore possibilities of deferring other debts, borrowing or selling assets to pay in a short time.
    3. Accept the taxpayer's installment agreement proposal if it meets streamlined criteria.
    4. Conduct a financial analysis via Collection Information Statement (CIS) or ACS financial screen.

NOTE:

Ask for the largest down payment possible when granting extensions or making installment agreements. Request payment (not demand) for deficiencies not yet assessed.

  1. When an installment agreement is the only possible method of payment, attempt a Payroll Deduction agreement first, then Direct Debit agreement, and finally a General (Form 433-D or telephone) agreement.
  2. Review the following conditions with the taxpayer before finalizing the agreement. Knowing these conditions, the taxpayer may decide there is a better, faster way to pay the tax.
    • Additional penalty and interest (state percentage amounts)
    • User fee
    • Possible lien filing
    • Levy if agreement defaults
    • Taxpayer must remain current on all other taxes
    • Offset of refunds
  1. Refer to Figure 2-1, Step-by-Step Guide to Using the Tiered Interview, to determine the appropriate method of full payment. {figure} {ftit}Step-by-Step Guide to Using the Tiered Interview

If after you:

And:

Then:

1. Demand full pay

The taxpayer agrees to full pay or states payment is in the mail

* End tiered interview (see payment guidelines Section 2.4.1.(1), items 6 through 8).
* Secure levy sources (over deferral)
* Warn of enforcement

 

a. Demand largest payment TODAY

 
The taxpayer agrees to pay the largest possible amount TODAY and full pay within the next 10 days

 
* End tiered interview (see payment guidelines Section 2.4.1.(1), items 6 through 8).
* Secure levy sources (over deferral)
* Warn of enforcement

 

 

 

 
* Go to Step 2.

 

 

 
The taxpayer needs more time
or requests an installment agreement.

 

2. Ask how taxpayer plans to pay

Taxpayer proposes payment within 60 or 120 days

* Accept taxpayer's proposal
*End tiered interview (see payment guidelines Section 2.4.1.(1), items 6 through 8).)
*Secure levy sources (over deferral)
*Warn of enforcement

 

Taxpayer proposes extended payments

* Go to step 3.
 

If after you:

And:

Then:

3. Ask if taxpayer can:
   a. Defer payments on other
   debts
   b. Borrow
   c. Sell assets
    Convince taxpayer this is
   better than paying
   interest, penalty, user fee

Taxpayer states is unable to defer, borrow, or sell
            AND
total amount owed is under $10,000
            AND
can pay in full within 36 months

* Set up a streamlined
installment agreement (see Section 2.4.4) for minimum amount taxpayer is able to
pay each month

* End tiered interview (see payment guidelines Section 2.4.1.(1), all items)

 

 

 

 

 

Taxpayer says is unable to defer, borrow, or sell
            AND
balance owed is $10,000 or more
            OR
taxpayer can't pay within 36 months

* Go to step 4.

4. Explore in depth the possibilities of a., b., and c. in step 3 above.

Through detailed questioning you determine the taxpayer can defer, borrow, or sell assets.

* Suggest short-term extension to full pay within the shortest possible time (see Section 2.3).
* End tiered interview (see payment guidelines in Section 2.4.1.(1), items 6 through 8).
 

 

 

 

 

 

Taxpayer CANNOT defer, borrow, or sell assets.
 

* Go to step 5.

5. Conduct financial analysis using allowable expense guidelines (see Section 3.3.1.)

Taxpayer can pay at least $25 monthly

* Go to step 6.

 

 

 

 

 

Taxpayer cannot pay at least $25 monthly

* Recommend NC24-32 currently-not-collectible, if appropriate (see Section 8.2.1.)
* Tell taxpayer to send money whenever possible
* End tiered interview
 

If after you:

And:

Then:

6. Analyze taxpayer's employment and banking situation

Taxpayer is a wage earner and employer will agree to deduct from payroll

* Set up Payroll Deduction Installment Agreement (see Section 2.4.5.).
* End tiered interview.
 

 

 

 

 

 

Taxpayer has a checking
account and agrees to a direct debit
 

* Set up Direct Debit Installment Agreement (see Section 2.4.6.).
* End tiered interview.

 

 

 

 

 

Taxpayer is NOT a wage earner or employer won't agree to deduct
            AND
doesn't have a checking account or doesn't agree to direct debit

* Set up General Installment Agreement (Form 433-D) (see Section 2.4.7.
* End tiered interview.

[105.1] 2.3  (09-26-1996)
Extensions to Pay Overview

  1. If you determine by following the tiered interview and financial analysis guidelines that immediate full payment is not possible, you may be able to secure full payment, regardless of the amount due, with an extension to pay within the following time frames:
    1. Up to 30 days.
    2. Up to 60 days.
    3. 61 to 120 days.
  2. These are not installment agreements and no forms are required (however, Examination may use Form 433-D). Extensions apply to both assessed and pre-assessed balances and to both on-time and delinquent filings.
  3. Ask the taxpayer to pay the maximum amount possible today as part of any extension. Full payment must be completed in the minimum time possible. Do not automatically grant the maximum time allowable or advise the taxpayer of the 120 day time limit for extensions.
  4. Lien filing is NOT required with extensions up to 120 days.

[105.1] 2.3.1  (09-26-1996)
Extension to Pay Up to 30 Days

  1. These extensions are available for all types of tax in any amount. Extensions for in-business trust fund taxpayers owing $25,000 or more may not extend beyond 30 days.

[105.1] 2.3.2  (09-26-1996)
Extensions to Pay Up to 60 Days

  1. Extensions for up to 60 days can be monitored in revenue officer's or ACS inventories if status 26 or 22. If the case is in notice status, CC STAUP can be used for the appropriate number of cycles (maximum of 9) to allow for the full payment date. See Section 5.3.3.4. for input details.

[105.1] 2.3.3  (09-26-1996)
Extensions to Pay 61 - 120 Days

  1. Extensions beyond 60 days require input to IDRS for monitoring as Status 60 cases. No user fee is required (see Section 2.4.13.). See Section 5.3.3.4 for input details.

[105.1] 2.4  (09-26-1996)
Installment Agreements

  1. If the taxpayer states inability to pay in full immediately, you must consider an installment agreement if that will facilitate collection. The taxpayer does not have an absolute right to an installment agreement. In fact, an installment agreement is the last resort after attempting, using the tiered interview, to find a faster way of payment.

[105.1] 2.4.1  (09-26-1996)
For All Agreements

  1. Employees who have direct contact in a walk-in situation or over the phone should do the following whenever granting an extension to full pay or installment agreement. Employees who contact taxpayers only through correspondence should follow these instructions as closely as possible.
    1. Check that all balance due modules are included in the installment agreement and that all tax returns have been filed and payment addressed.
    2. Ensure that a new W-4 is completed if withholding needs to be adjusted and that estimated tax payments will be made if needed. If estimated tax payments are included on the CIS or ACS Financial Screen, use Agreement Locator Number (ALN) XX15 for monitoring of estimated tax payments. See Exhibit 2-1.
    3. Advise the taxpayer that any refunds from unprocessed or future returns will be applied to the current liability.
    4. Make sure that levy source information is complete and accurate and ensure that phone numbers are correct.
    5. Set specific deadlines. Payment dates can be no later than the 28th of the month.
    6. Give the payment address.
    7. Remind the taxpayer to note on the front of checks: (a) Social Security Number (SSN) or Employer Identification Number (EIN); and (b) Tax form(s) and period(s).
    8. Have the taxpayer repeat his/her commitments so there are no misunderstandings about what he or she has agreed to do.
    9. Advise the taxpayer that the installment agreement may be terminated and enforced collection action may be taken if the taxpayer: (a) Fails to make timely payments; (b) Accrues additional tax liabilities; and (c) Refuses to supply a current financial statement when requested by the service; (d) IRS determines that collection is in jeopardy; or (e) It is found that the taxpayer provided inaccurate or incomplete information prior to entering into the installment agreement.
    10. Advise the taxpayer that a $43 user fee is required for all installment agreements. Also advise, as the situation requires, about filing of a Federal Tax Lien and the need for extension of the Collection Statute Expiration Date (CSED).
    11. Send the taxpayer an IDRS letter confirming the terms of the agreement, including a clear statement of the percentage of interest and penalty incurred by extending payment and the amount of the user fee.
  2. The IRC requires 30-day notice before changing the amount or terms of an agreement.

[105.1] 2.4.2  (09-26-1996)
For BMF In-Business Agreements

  1. BMF In-Business Installment Agreements have the same guidelines as other installment agreements, with some additions and exceptions for BMF Repeater Trust Fund taxpayers.
    1. Explain the Trust Fund Recovery Penalty provisions with the corporate BMF taxpayer.
    2. Ensure that the taxpayer is not behind with current tax payments (will not owe on any returns about to be filed) and can stay current with federal tax deposits and any other required payments.
    3. Consider an ACS-BMF 6 month in-business agreement. (see Section 2.4.10.1).
    4. Request input of TC 130 for appropriate social security numbers if the taxpayer is a sole proprietor or partnership.
    5. BMF taxpayers owing over $10,000 can be granted extensions to pay for no longer than 30 days.

[105.1] 2.4.2.1  (09-26-1996)
Additional Instructions for CFf Employees

  1. Repeater Trust Fund Taxpayers. An IA normally is not granted in-business trust fund repeater taxpayers unless the taxpayer:
    1. Has no assets from which to make full payment.
    2. Is making current FTDs.
    3. Verifies efforts to borrow.
    4. Provides information on assets for future levy/seizure in the event of default.
  2. The Trust Fund Recovery Penalty Assessment Statute must be protected on corporate taxpayers. A waiver must be secured from responsible individuals when the delinquent taxes will not be full paid at least 12 months prior to statute expiration. A Trust Fund Recovery Penalty assertion decision should be made. In most cases do NOT assert the penalty as long as the taxpayer meets the terms of the installment agreement (see IRM 5630).
  3. Reinstatement of agreements on repeater trust fund taxpayers is not appropriate if the default resulted from unpaid current taxes.

[105.1] 2.4.3  (09-26-1996)
Pre-Assessed Installment Agreements

  1. Pre-assessed installment agreements involve one or more balances due where the tax has not yet been assessed. Input procedures differ depending on whether there are previous balance due modules in addition to the pre-assessed balance(s) (see Sections 5.2.2, 5.2.3 and 5.3.3.3).
  2. For functions other than Collection Field function (CFf), pre-assessed agreements are limited to:
    1. IMF taxpayers without delinquent employment taxes..
    2. Out-of-business sole proprietors.
    3. In-business BMF taxpayers - Form 1120 only.
  3. Pre-assessed agreements are made like agreements on assessed tax, but are input to IDRS differently (see section 5.3.3.3).

[105.1] 2.4.4  (09-26-1996)
Streamlined Installment Agreements

  1. IMF, out-of-business sole proprietor, and in-business Form 1120 balances due can qualify for streamlined installment agreements if they meet the following tests:
    1. Balance owed $10,000 or less ( $25,000 for accounts assigned to DO 98)
    2. Monthly payment must equal or exceed one-thirty sixth of the total aggregate balance due.
  2. You do NOT need to complete a Collection Information Statement (CIS) or ACS Financial Information Screen (FIN) for streamlined installment agreements. Also, filing a Federal Tax Lien is NOT required.
  3. Streamlined or not, all agreements can be set up as one of the following:
    1. Payroll Deduction
    2. Direct Debit
    3. General (Form 433-D or by telephone)

[105.1] 2.4.5  (09-26-1996)
Payroll Deduction Installment Agreements

  1. Encourage wage-earner taxpayers to set up a payroll deduction installment agreement, particularly if the taxpayer has defaulted on a previous installment agreement. To set up a Payroll Deduction Installment Agreement:
    1. Instruct the taxpayer to pay as much as possible today.
    2. Advise taxpayers that Form 2159 will be mailed to them to sign and give to their employer to be signed and sent in by the employer. Advise the taxpayer that if Part 1 is not signed by both the taxpayer and the employer and sent in, the agreement will be terminated and the service will take enforcement action. If you have personal contact with the taxpayer, you may be able to have the taxpayer sign the Form 2159 and you can mail it directly to the employer.
    3. Advise the taxpayer that he or she will receive a monthly reminder notice that should be given to the employer with the pre-addressed envelope for the employer to forward payments.
    4. Refer to Sections 4.2.5 (ACS), 4.3.3.2 (CFf), 4.4.1 (CSf) for forms preparation, approval and routing instructions.

NOTE:

Comptroller General Decision B-45105 dated January 21, 1955 requires federal agencies to accept payroll deduction agreements.

[105.1] 2.4.6  (09-26-1996)
Direct Debit Installment Agreements

  1. Direct Debit Installment Agreements involve monthly electronic withdrawals from taxpayers' bank accounts. They are preferred since:
    1. There is less chance of the taxpayer missing a payment (especially important for defaulted installment agreements).
    2. There is no chance of a check being lost, mishandled, misapplied or being returned as incomplete or unsigned.
    3. There is no need for IRS personnel to post payments.
    4. Float time for processing paper documents is eliminated.
    5. The default rate is lower.
  2. Secure a Direct Debit Installment Agreement if either:
    1. Taxpayer is self-employed OR
    2. Taxpayer's employer will not accept a payroll deduction agreement.
  3. To qualify, the taxpayer must have a checking account. Note on Form 433-D (or enter in ACS comments): the monthly installment amount and the agreement locator number (ALN) and originator code;
  4. Refer to Chapter 4, Forms Processing, for instructions to the taxpayer, requesting agreements, forms preparation, approval and routing of forms.

[105.1] 2.4.7  (09-26-1996)
General Installment Agreements

  1. If you are unable to set up a Payroll Deduction or Direct Debit Installment Agreement, make a General installment agreement via telephone or on Form 433-D. See Chapter 4, Forms Processing, regarding forms preparation, approval and routing.

[105.1] 2.4.8  (09-26-1996)
Continuous Wage Levy Installment Agreements - ACS

  1. Use ACS comments to request continuous wage levy monitoring on IDRS for the expected monthly levy remittance if:
    1. There are no other productive levy sources to use.
    2. There are no unresolved return delinquencies.
    3. Regular remittances of about the same amount (at least $25) are being made.
    4. The liability will take more than 2 months to full pay.
    5. The taxpayer is an individual (IMF) or BMF out-of-business sole proprietor.
    6. You have reviewed the last return filed using IDRS command code RTVUE to be sure continuous wage levy monitoring is appropriate.
    7. The RWMS score is less than the district office cutoff.
    8. There have been multiple attempts to contact the taxpayer or the taxpayer has broken a promise.

[105.1] 2.4.9  (09-26-1996)
Continuous Wage Levy Installment Agreements - CFf

  1. Consider a continuous wage levy when two consecutive remittances have been received and there is no other way of collecting the tax. Continuous levies can apply to wages, salaries or a taxpayer's fixed right to a series of future payments.
  2. At local option, a continuous levy can be requested after one remittance if the payments are due monthly or less frequently. Before making the request, ensure the levy recipient understands:
    1. How the levy will affect future payments to the taxpayer.
    2. How to identify remittances (name, TIN, period).
    3. Where to send remittances.

[105.1] 2.4.10  (09-26-1996)
BMF Installment Agreements

[105.1] 2.4.10.1  (09-26-1996)
ACS - BMF 6 Month Agreement

  1. ACS and Customer Service may grant an agreement of up to 6 months on any BMF case with RWMS score of 10,000 or less. The agreement is input to IDRS and will be monitored there in status 60. If the liability will be full paid within 60 days, see Section 2.3.1, Extension to Full Pay: Up to 60 days.

[105.1] 2.4.10.2  (09-26-1996)
BMF In-Business Agreements Approvals - CFf

  1. BMF in-business installment agreements must be approved by the manager whenever one of the following is true:
    1. The aggregate unpaid balance of assessment exceeds $10,000.
    2. An in-business trust fund taxpayer is involved.
    3. The taxpayer defaulted on a previous installment agreement.
    4. If within any given 12 month period, the agreement allows more than 2 payments to be skipped.
  2. If the agreement is not approved, inform the taxpayer before the first payment is due. If the agreement is approved:
    • The agreement form must state anticipated FTD amounts and due dates.
    • Advise the taxpayer that the case is being transferred for continuous monitoring, provide preaddressed envelopes and advise that no reminder notices will be sent.
    • If agreement is monitored at group level, request DOAOXX99.
  1. Do NOT initially input these agreements to IDRS. Instead:
    1. Monitor at the group level for the first 90 days to ensure compliance with deposit, filing requirements and payment.
    2. If the taxpayer remains current, forward the agreement to CSf with instructions either to continue manual monitoring.

[105.1] 2.4.11  (09-26-1996)
Manually Monitored Installment Agreements

  1. Agreements that cannot be effectively monitored on IDRS include:
    1. Non-Master File (NMF) assessments (notice or TDA status).
    2. Agreements calling for variable or percentage amounts.
    3. Agreements with irregular intervals between payments.
    4. Agreements on the same liability from 2 or more parties at different addresses.
    5. Extensions of time to pay (if determined locally to be monitored by revenue officers).
    6. Agreements which do NOT include all delinquent modules (as described in IRM 5331.1(2)) for acceptable reasons.
    7. Combination agreement involving both an in-business BMF and IMF account.
    8. In-business trust fund BMF accounts (except ACS 6 month agreements).
  2. Agreements can be manually monitored by:
    1. Collection Field function (CFf) at group level.
    2. Collection Support function (CSf).
    3. Special Procedures function (SPf).
  3. See Section 6.3, Non-IDRS Monitoring, for details.

[105.1] 2.4.12  (09-26-1996)
Below Deferral Level Installment Agreements

  1. If the total amount outstanding (including accruals and currently not collectible accounts) is less than the amount specified in text 324, 430:(1), or 545:(2) of LEM V, AND the proposed monthly payment is at least $25, grant the agreement UNLESS there is:
    1. An outstanding TDA.
    2. Trust fund liability on an in-business BMF taxpayer.
  2. If the taxpayer requests an installment agreement by mail and does NOT propose a specific amount, set the payment according to the following criteria:

If balance with accruals is:

Then set a payment of:

At least $50 but less than $750

$25

At least $750 but less than the deferral level per (1) above

 
$50

  1. If SCCB receives an offer for less than $25, accept the proposal, input TC 530 cc 09, and send Letter 2604c.

[105.1] 2.4.13  (09-26-1996)
User Fees

  1. There are two types of user fees:
    1. A $43 fee for establishing an IA.
    2. A $24 fee for reinstating or restructuring a defaulted IA.
  2. User fees do not apply to:
    1. Extensions to pay up to 120 days.
    2. Continuous Wage Levies.
    3. Estate and Gift Tax Returns (Form 706).
    4. Mutual Collection Assistance Requests - tax collection agreements between the United States and other countries.
    5. Extensions under IRC sections 6163 through 6167.
  3. The IA user fee is not a tax related assessment; therefore penalty and interest are not due on it. The fees cannot be collected by any administrative enforcement methods. However, taxpayers who refuse to pay the fees may be defaulted and will be subject to enforced collection of the tax using existing IRM procedures.
  4. A user fee is due for each entity (taxpayer identification number) granted an installment agreement.
    1. If one entity will be put in deferred IA status 63, the user fee should not be collected on the status 63 module until the status 63 module is updated to status 60.
    2. If two entities (different account numbers) are put in status 60 at the same time, both user fees are then due.

[105.1] 2.4.13.1  (09-26-1996)
Fee Billing

  1. The user fee for most IAs is taken from the taxpayer's first installment payment. We send the taxpayer an IA confirmation letter explaining the agreement terms. Most taxpayers will then receive a CP 521, Installment Agreement Reminder Notice, approximately 10 days before the payment due date.

EXCEPTION:

Collect the user fee from the taxpayer at the time of agreement approval for direct debit, payroll deduction, and manually monitored IAs. Complete Form 2221 for the user fee and Form 3244 for any remaining credit. Forward to the Teller on Form 3210.

  1. The computer will determine whether a fee is due, and the appropriate amount, based on the user fee code found on the IDRS IADIS screen display. IRM 3(25)(78)(36).8 has detailed information on IA user fee codes. The codes are:
    1. 0 = Origination User Fee Due
    2. 1 = Origination User Fee Paid
    3. 2 = Origination User Fee Waived (i.e., IRS assessment error, continuous wage levies, extensions to pay up to 120 days)
    4. 3 = Reserved
    5. 4 = Reinstatement/Restructure Fee Due
    6. 5 = Reinstatement/Restructure Fee Paid
    7. 6 = Reinstatement/Restructure Fee Waived
    8. 7 = Reserved
    9. 8 = Reserved
    10. 9 = User Fee not Applicable (IA established prior to user fee requirement- implementation date of March 16, 1995)
  2. You must enter the appropriate user fee code each time an IA is initiated or revised.
  3. Prepare Form 2221 and input TC 971 for all fees not processed by lockbox banks. TC 971 action code 82 is for the $43 user fee, and action code 83 is for the $24 reinstatement fee. Update cc IAPND to show the user fee was paid.

[105.1] 2.4.13.1.1  (09-26-1996)
Fee Defaults, Reinstatements and Revisions

  1. If the agreement defaults because the basic agreement conditions were not met (missed payments, new return delinquency, new balance due, etc.), IDRS will update the user fee code to "4" and the $24.00 reinstatement fee will be due. The default notice (CP 523) will tell the taxpayer to correct the default condition and that a $24 user fee will be taken from the next payment. Do NOT reinstate the agreement until the default condition is resolved, even if the taxpayer attempts to pay the reinstatement fee.
  2. If the taxpayer fails to act within a reasonable time to reinstate an agreement, the status 64 module will change to status 22, 23, 24 or 26. IDRS will then change the user fee code from "4" to "0" .
  3. If the default was due to an IRS error, the agreement can be reinstated with user fee code "6" (reinstatement fee waived).
  4. The reinstatement fee usually should not be charged for requests to increase, decrease or skip payments (revisions), or for additional assessments that post to modules already in status 60.

[105.1] 2.4.13.1.2  (09-26-1996)
Fee Waivers

  1. The reinstatement fee is not due if a new balance due can be added to the agreement because:
    • It resulted from additional penalties, interest or tax assessments for tax periods covered by the agreement.
    • The new balance can be paid in two or less payments at the current agreement payment amount.
  2. Waive the reinstatement fee (user fee code "6" ) in these situations:
    • IRS error
    • Continuous wage levies
    • Extensions to pay up to 120 days.
  3. Waive the user fee for cross reference accounts (status 63) being updated to status 60 when the user fee code on the original status 60 account was "9" (agreements established before March 16, 1995).
  4. Only one user fee is due per entity (taxpayer identification number). For example, an IMF joint liability has only one user fee due, even if the spouses are now making separate payments on the liability due to divorce or separation. The user fee should be waived for one of the spouses.
  5. User fees should not be waived based on hardship. If such a request is received, an installment agreement may not be the best alternative for resolving the balance due.

[105.1] 2.4.13.1.3  (09-26-1996)
Refund Procedures

  1. Sometimes taxpayers pay the user fee more than once. When this happens, the law requires us to refund the excess fee(s). A manual refund is the only way to refund the user fee, or it could be manually applied to the taxpayer's remaining balance of tax liability.
  2. Management must approve all manual refund requests. Request them per IRM 3(17)(79)0, Accounting Refund Transactions. Prepare:
    1. Form 3753, Manual Refund Posting Voucher. In the remarks area include the location of the backup credit documentation and the User Fee Account Symbol. The symbols are: (1) 20X5432.1 for the $43.00 approval fee or (2) 20X5432.3 for the $24.00 reinstatement fee.
    2. A memorandum in duplicate addressed to the appropriate service center Chief, Accounting Branch. Explain the reason supporting the refund. Include the User Fee Account Symbol.
  3. No interest is due on the refund if the payment was applied as a user fee at the taxpayer's request.
  4. Interest is due on the refund if IRS incorrectly applied the payment as a user fee.

[105.1] 2.5  (09-26-1996)
Lien

  1. Make a determination whether to file a Notice of Federal Tax Lien when setting up installment agreements with aggregate assessed balance of $5,000 or more.

EXCEPTION:

Liens don't need to be filed on IMF streamlined agreements up to $10,000.

[105.1] 2.5.1  (09-26-1996)
Jeopardy Situations

  1. File a notice oflien at once if collection is in jeopardy, such as :
    • A creditor plans to seize taxpayer's assets; taxpayer preparing to sell assets.
    • Taxpayer about to file bankruptcy.
  2. In these situations, an installment agreement is probably not the best way to resolve the case.

[105.1] 2.5.2  (09-26-1996)
When NOT to File a Lien

  1. Do NOT file a Notice of Federal Tax Lien when:
    1. The liability has been paid, is not correct or credits are available to fully satisfy it.
    2. Bankruptcy has been filed.
    3. The taxpayer is a defunct corporation (unless assets are about to be liquidated).
    4. The taxpayer corporation has gone through liquidation.
    5. An IMF taxpayer promises to full pay within 6 months (ACS only).
    6. The taxpayer is deceased and there are no assets to be liquidated.
    7. The taxpayer lives abroad and there are no known assets in the United States.

[105.1] 2.6  (09-26-1996)
CSED / Form 900, Tax Collection Waiver

  1. The Collection Statute Expiration Date (CSED) is ten years from the date of assessment. Where an account has multiple assessments on different dates, each assessment has its own CSED.

EXAMPLE:

Deficiency assessments and certain penalties are assessed later than the tax and have their own CSEDs..

  1. You must protect the CSED while a taxpayer is making installment payments. If any CSED on any account included in the agreement will expire less than twelve months after the projected full payment date, extend the statute.

EXAMPLE:

An installment agreement will full pay the liability by 5/21/97. If the CSED for any of the assessments included in the agreement will expire before 5/21/98, extend the CSED.

  1. To extend the CSED:
    1. Prepare Form 900, Tax Collection Waiver, extending the statute to the date per (4) below..
    2. Get the taxpayer to sign the waiver and give him/her a copy.
    3. Send a copy to SPf, keep a copy in the file, and use the remaining copy as the IDRS input document (TC 550).
  2. Extend the CSED to December 31 of the year after which the full amount owed will be paid, unless this is more than 5 years after the latest CSED date of all assessments, in which case extend the CSED to December 31 of the fifth year after the latest assessment date.
  3. Sometimes the case file may indicate conditions under which the CSED was extended; if the correct CSED is not indicated, contact SPf for assistance. Some conditions which cause the CSED to be extended are:
    • Offer-in-Compromise
    • Military Deferment
    • Litigation
    • Bankruptcy
    • Taxpayer outside U.S. 6 months or more
    • Extension of time for payment of estate tax
    • Application for taxpayer assistance order
  1. If the taxpayer refuses to sign a waiver, you may still accept an IA. If the resulting agreement will cause the collection statute to expire on a large amount of tax, contact SPf to determine if a suit to reduce the tax to judgement should be filed.

[105.1] 2.7  (09-26-1996)
Revise or Reinstate Installment Agreement

  1. Taxpayers may ask to revise the terms (payment amount, payment date, etc.) of an existing agreement.
  2. A taxpayer with a suspended or defaulted agreement may ask IRS to reinstate the agreement.

[105.1] 2.7.1  (09-26-1996)
Revise Agreement

  1. Revise existing agreements by changing the:
    1. Monthly payment amount.
    2. Payment due date. Valid dates are the 1st through the 28th.
    3. Payment due cycle to allow one skipped payment in addition to the systemic skip. This must be done before the CP 521 generates or you will have to pull the CP 521.
    4. Agreed balance due to include additional assessments on modules already in status 60.
  2. Revise agreements to include new liabilities if the:
    1. New liability was expected, indicated by agreement locator number XX32;
    2. New liability can be added to the agreement and will be full paid within two additional payments; or
    3. Total of all balance due modules is below the deferral level in LEM V, text 331(CFf or CSf); 430:(2) (SCCB); 544:(1) (ACS); or LEM IV, text 424 (Exam).

[105.1] 2.7.2  (09-26-1996)
Reinstate Agreement

  1. Reinstate suspended or defaulted agreements that meet the criteria in 2.7.1.(2). If they don't meet these criteria AND suspend or default due to new liabilities, refer to section 2.7.3. before reinstating the agreement.
  2. Reinstate agreements that default because the payment was not made if:
    1. The required payment has been made;
    2. An IRS error, such as misapplied payments, caused the default; or
    3. The taxpayer has not skipped more than one other payment, including the systemic skip, within the last 12 months.
  3. If the taxpayer says that his/her employer made the payment, research IDRS for payments on payroll deduction agreements or continuous wage levies. If not found, contact the employer to determine why payments have not been received. If:
    1. The employer states payments have been made, trace them per IRM 5341.2, 5436.3, 5542.42 or (21)(16)00..
    2. The taxpayer is temporarily laid off but will return to work before the next monthly payment is due (and a wage levy is still in effect), reinstate the agreement and tell the employer to continue sending payments.
    3. The taxpayer is no longer employed, do not reinstate the agreement. Delete the levy source and employer telephone number. Ask for a new levy source and input it if available.
  4. If payments are made for less than the agreed amount on continuous wage levies, revise the agreement to match the payment amount received.
  5. If a taxpayer subject to a continuous wage levy is no longer employed and:
    1. The previous collection assignment number was a district office number, TSIGN the account to 6466.
    2. The case was initiated by ACS, TSIGN to 0110 and file all information in the 0110 suspense file.
  6. Reinstate all cross-referenced accounts (prior status 63) if the related account is being reinstated.
  7. Input command code STAUP 22 on any cross-referenced accounts if the related account will not be reinstated. Select the number of cycles on the STAUP so that both accounts go to status 22 the same cycle.

[105.1] 2.7.3  (09-26-1996)
Adding New IMF Liabilities

  1. These procedures do not apply to additional liabilities from Automated Underreporter or Examination deficiency cases.
  2. Ask for full payment of a new liability if the taxpayer asks you to include it in an agreement and it does not meet the criteria in 2.7.1.(2). This may be done verbally or by a letter, such as the 2272C.
  3. If taxpayers state, verbally or in writing, they can't full pay the new liability and want it included in the agreement:
    1. Strongly encourage a direct debit or payroll deduction agreement;
    2. Revise the agreement to include the new module if the proposed monthly payment meets LEM V guidelines and the aggregate assessed balance is below $10,000;
    3. Get new financial information and make a lien determination if: (1) The aggregate assessed balance is over $10,000; or (2) the payment does not meet LEM V guidelines and the aggregate assessed balance is over $5,000.
    4. Remind the taxpayer to take appropriate corrective actions: (1) Adjust withholding; or (2) make estimated tax payments to avoid owing future taxes.

Exhibit [105.1] 2-1  (*/*/*)
Agreement Locator Number Designations


 

Four Digits: XXYY

 

XX Position Denotes Initiator/Type of Agreement

 

 

 

 

For XX use:

 

 

 

 

00

Form 433-D initiated by DO on an ACS case

 

01

Taxpayer Service (TPS) initiated agreements

 

02

DO Field Branch initiated 433-D agreements

 

03

Direct Debit agreements initiated by any function

 

06

Exam initiated agreements

 

07

Returns Processing initiated agreements

 

08

Agreements initiated by other functions

 

11

Form 2159 agreement initiated by DO or ACS

 

12

DO or ACS agreement with multiple conditions

 

20

Status 22/24 accounts--Call Site/SCCB

 

90

SCCB initiated agreements--other than status 22 or 26

 

91

Form 2159 agreements initiated by SCCB

 

92

SCCB agreement with multiple conditions

 

99

Deferral level notice accounts

 

 

 

 

YY Position Denotes Conditions Affecting the Agreement

 

For YY use:

 

 

 

 

08

Continuous Wage Levy (from ACS and RO)

 

09

All other conditions

 

12

One-year Rule Installment Agreement

 

15

ES monitoring required

 

27

Restricted interest or penalty condition present

 

32

Unassessed modules to be included in agreement

 

41

BMF In-Business (SCCB ONLY - this is In-Business Deferral Level)

 

53

Report CNC in event agreement defaults

 

63

Input cross-reference TIN to status 60 account

 

99

Deferral level

 

 

 

 

When an agreement has more than one condition, use either 12 or 92 in the "XX" position and assign the primary condition "YY" based on the following priorities:

 

 

 

 

 

    #1 - 53

 

 

    #2 - 08

 

 

    #3 - 27

 

 

    #4 - 15

 

 

 

 

Input remaining multiple conditions as "history items" on IDRS. For example, to construct a history item for an unassessed module use: UM309312 (Unassessed module, MFT 30, 9312 tax period); or UMFILELIEN (Unassessed module, file lien, if appropriate)

Exhibit [105.1] 2-2  (*/*/*)
Installment Agreement Originator Codes


Code

Function

10

Collection Support function (CSf) regular agreement

11

CSf streamlined agreement

20

Collection Field function (CFf) regular agreement

21

CFf streamlined agreement

30

Service Center Collection Branch (SCCB) regular agreement

31

SCCB streamlined agreement

40

Automated Collection System (ACS) regular agreement

41

ACS Voice Response Unit streamlined agreement

45

ACS via SCCB contact streamlined agreement

46

ACS via SCCB contact regular agreement

50

Taxpayer Service (TPS) regular agreement

54

Taxpayer/Customer Service VRU streamlined agreement

51

TPS and other service center non-pipeline processing areas streamlined agreement

60

Examination Division regular agreement

61

Examination Division streamlined agreement

70

Customer Service regular agreement

71

Customer Service streamlined agreement

80

Other regular agreement

81

Other streamlined agreement

 

 

 

Contents


[5.15] 1.1  (11-15-2000)
Overview

  1. An interest based interview (IRM 5.14.1.4) should be conducted in order to determine the appropriate form of case resolution.
  2. If the taxpayer states he or she cannot fully pay the liability, the following case decisions should be considered:
    • Allow an extension of time to full pay (IRM 5.14.2.4)
    • Grant a guaranteed or streamlined installment agreement (IRM 5.14.2.2 and IRM 5.14.2.3) if the taxpayer qualifies for these options
    • Explore possibilities of deferring other debts, or borrowing on or selling assets to pay in a short time
  3. If the taxpayer is unable to meet any of the conditions in (2) above, financial analysis is necessary. Financial information may be secured on:
    • The ACS financial information screen (FIN)
    • Form 433-A, Collection Information Statement for Individuals
    • Form 433-B, Collection Information Statement for Businesses
    • Form 433-F, Collection Information Statement (CIS) (can substitute for Form 433-A for individuals owing less than $100,000)
    • The taxpayer's own financial statement
  4. Analysis of a taxpayer's financial condition provides you with a basis to make one or more of the following case decisions:

A.      Make an installment agreement

B.       File a Notice of Federal Tax Lien.

C.       Explain an offer in compromise.

D.      Report the account currently not collectible.

E.       Recommend or initiate enforcement action if assets are available to pay taxes and a taxpayer is unwilling to convert the assets to cash, and no reasonable alternative for collection exists (see IRM 5.10.1.3.2 for information on conducting a risk analysis

  1. Installment payments may be used for collection of the tax. Such payments are based on the taxpayer's ability to pay, which is determined by the excess of monthly income over allowable expenses. This chapter will assist you in determining the amount of allowable expenses.
  2. See the following exhibits:
    • Exhibit 1-2, Financial Analysis -- Expenses. An alphabetic listing and discussion of major expenses
    • Exhibit 1-3, Questions and Answers to Assist in Financial Analysis
    • Exhibit 1-4, Collection Financial Analysis: Total Monthly National Standards
    • Exhibit 1-5, Collection Financial Analysis: Monthly National Standards -- Itemized
    • Exhibit 1-6, Collection Financial Analysis: Total Monthly National Standards for Alaska
    • Exhibit 1-7, Collection Financial Analysis: Monthly National Standards for Alaska -- Itemized
    • Exhibit 1-8, Collection Financial Analysis: Total Monthly National Standards for Hawaii
    • Exhibit 1-9, Collection Financial Analysis: Monthly National Standards for Hawaii -- Itemized
    • Exhibit 1-10, Collection Financial Analysis: Local Standards: Housing and Utilities
    • Exhibit 1-11, Collection Financial Analysis: Local Standards: Transportation

[5.15] 1.2  (11-15-2000)
Analyzing and Verifying Financial Information

  1. Analyze the income and expenses to determine the amount of disposable income (gross income less allowable expenses) available to apply to the tax liability.

[5.15] 1.2.1  (11-15-2000)
Sources of Information

  1. The following sources may be used to secure finacial information:
    • Information received from the taxpayer.
    • Corporate Files On-Line (CFOL) command codes (IRPTR or RTVUE).
  2. When analyzing a taxpayer's financial situation, compare information on the FIN screen or CIS with CFOL commands or other sources.

A.      If there are significant discrepancies, discuss them with the taxpayer. If substantiation is needed, ask the taxpayer to provide it.

B.     Note discrepancies and their resolution in Comments or history and make necessary corrections to the FIN screen or CIS.

[5.15] 1.2.2  (11-15-2000)
Determining Maximum Collectibility

  1. Analyze income and assets to determine ways of resolving the account. Follow the steps in 5.15.1.1 in order to determine the most appropriate course of action.

[5.15] 1.2.3  (11-15-2000)
Analysis, Substantiation, and Verification of Income and Expenses

  1. Expenses must be reasonable for the size of the family, the geographic location, and any unique individual circumstances. You may allow more than a reasonable amount for an expense if the tax liability including projected accruals can be fully paid within five years. See Section 5.15.1.3.3.1.
  2. A taxpayer is not required to substantiate expenses which are categorized as National Standards unless they exceed the standards.
  3. A taxpayer may be required to substantiate expenses which are categorized as Local Standards or Other Necessary Expenses.
  4. Substantiation of expense amounts could include items like bank statements, credit card vouchers, rent/lease receipts and leases, payment coupons, court orders, contracts, and canceled checks. Taxpayers who own homes should provide documents showing the monthly payment amount, purchase price, date of purchase, and the principal amount due. When obtaining documents for substantiation, ask the taxpayer for copies, not original documents. If necessary, secure telephone numbers and contact names of creditors. These can be used if verification is necessary.
  5. When analyzing expenses for a business taxpayer, make sure that business expenses are not also included under personal expenses. Also, depreciation is not a cash expense for determining disposable income.
  6. Compare income to expenses. If expenses exceed income, ask the taxpayer for an explanation. Look at the last filed return using CFOL cc RTVUE to see if an understatement of income is also present there. If so, consider referral to Examination.
  7. For installment agreement or currently not collectible dispositions, consider future expenses; for example, the birth of a child or need to replace a car.

[5.15] 1.3  (11-15-2000)
Definitions

  1. Allowable expenses . There are two types: necessary and conditional.
  2. Necessary expenses . These must meet the necessary expense test: they must provide for a taxpayer's and his or her family's health and welfare and/or the production of income. The expenses must be reasonable. The total necessary expenses establish the minimum a taxpayer and family need to live. Three types of necessary expenses are:
    1. National Standards. These establish standards for reasonable amounts for five necessary expenses. Four of them come from the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey: food, housekeeping supplies, apparel and services, and personal care products and services. The Service has established standards for the fifth category, Miscellaneous.
    2. Local Standards. These establish standards for two necessary expenses: housing and transportation. Utilities are included in housing.
    3. Other. Other expenses may be allowed if they meet the necessary expense test and they must be reasonable in amount. Since there are no nationally or locally established standards for determining reasonable amounts, you must determine whether the expense is necessary and the amount is reasonable.
  3. Conditional Expenses. These expenses do not meet the necessary expense test. However, they are allowable if the tax liability, including projected accruals, can be fully paid within five years.
  4. Five-year rule. Excessive necessary and conditional expenses may be allowed if the tax liability including projected accruals will be fully paid within five years. Use IDRS cc ICOMP to calculate accruals.
  5. One-year rule. A taxpayer may have up to one year to modify or eliminate excessive necessary or not-allowable conditional expenses if the tax liability including projected accruals cannot be fully paid within five years.
  6. Reasonable amount. For specified expenses, the reasonable amounts are provided by the National and Local Standards. For other expenses you must determine if the amount claimed is reasonable. If the tax liability including accruals can be fully paid within five years, allow the taxpayer's claimed expenses.
  7. Disposable income. This is the amount of income that remains after allowable expenses are deducted from gross income, including deductions required by law to be withheld, or any child support or alimony payments that are made under a court order or legally enforceable written agreement. Amounts required by law to be withheld include, but are not limited to, Federal and State taxes, FICA contributions, Medicare contributions, and wage garnishment payments. Disposable income is the amount available to apply to the tax liability.
  8. Substantiation and verification. A taxpayer substantiates by providing proof of expenses. The Service verifies by checking on information provided by the taxpayer and by obtaining information from internal and external sources.
    1. Substantiation. A taxpayer is required to provide evidence and justification for claimed expenses, except National Standards. See LEM 5.3.1.
    2. Verification. In some cases, it may be necessary to obtain additional information about a taxpayer's financial condition using third party data.

[5.15] 1.3.1  (11-15-2000)
Allowable Expenses

  1. Allowable expenses include:
    1. Necessary expenses -- if reasonable are always allowed. A case would be closed as currently not collectible if there is no disposable income beyond necessary expenses.
    2. Conditional expenses -- are allowable if a tax liability can be fully paid within five years through an installment agreement.
  2. A list of typical necessary and conditional expenses appears in Exhibit 5.15.1-2. This exhibit includes discussions of expense types and conditions which determine whether an expense is allowable.
  3. In discussing expenses with taxpayers, emphasize how much we expect from them rather than how we expect them to spend their money. For example, if the taxpayer has excessive necessary or not-allowable conditional expenses:
    1. Do not tell the taxpayer that he or she cannot own, for example, a boat or summer cabin.
    2. Tell the taxpayer that we expect an amount equal to that going to excessive necessary or not-allowable conditional expenses.
    3. Tell the taxpayer that he or she is responsible for determining what modifications or eliminations must be made to expenses to pay the tax.

[5.15] 1.3.2  (11-15-2000)
Necessary Expenses

  1. Necessary expenses are those used for taxpayers and their families for:
    1. Their health and welfare.
    2. The production of income.
  2. Unless the Service receives full payment within five years (see Section 5.15.1.3.3.1), necessary expenses must be reasonable. The total necessary expenses establish the minimum a taxpayer and family need to live.
  3. Accounts closed as currently not collectible, offer in compromise, and as installment agreements requiring more than five years will be allowed only necessary expenses. For installment agreements which require more than five years, you may grant up to a year to eliminate excessive necessary and not allowable conditional expenses.

[5.15] 1.3.2.1  (11-15-2000)
Necessary Expenses: National Standards

  1. A number of necessary expenses are categorized as National Standards. They are: housekeeping supplies, apparel and services, personal care products and services, food, and miscellaneous.
    1. Except for "miscellaneous," the National Standards are derived from Tables 1, 3, 4, and 5 of the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey. These expenses are stratified by income level; as income levels increase, the percentage of income provided for these expenses decreases. They will be updated yearly as the information becomes available through BLS. The miscellaneous expense is a discretionary amount established by the Service. It is $100 for one person and $25 for each additional person in a taxpayer's household.
    2. The total monthly National Standards appear in Exhibit 5.15.1-4. This exhibit provides the total amount allowed a taxpayer, by gross income level and by number of persons in the household.
    3. The monthly National Standards, by type of expense and by totals, appear in Exhibit 5.15.1-5.
    4. The total monthly National Standards for Alaska appear in Exhibit 5.15.1-6.
    5. The monthly National Standards for Alaska appear in Exhibit 5.15.1-7.
    6. The total monthly National Standards for Hawaii appear in Exhibit 5.15.1-8.
    7. The monthly National Standards for Hawaii appear in Exhibit 5.15.1-9.
  2. National Standards eliminate the need to require justification or substantiation for a number of recurring expenses.
    1. Allow taxpayers the total National Standards amount for their income level. Taxpayers making more than the highest income level shown in the National Standards will be limited to the maximum amount allowed by the National Standards unless they can substantiate and justify a larger amount.
    2. How the amount allowed for National Standards is spent is up to taxpayers. For example, they may spend less for clothing and more for entertainment (including cable T\/V); or they may decide to apply part of the amount to conditional unsecured debts.
    3. A taxpayer who claims more than the total allowed by the National Standards must substantiate and justify as necessary each separate expense of the total.

EXAMPLE:

A taxpayer may claim much more for food than allowed if based on special prescribed or required dietary needs.

  1. If a taxpayer can fully pay the tax liability including projected accruals within five years, he or she may be allowed more than the National Standards amount.

[5.15] 1.3.2.2  (11-15-2000)
Necessary Expenses: Local Standards

  1. For some kinds of expenses, the National Standards are not feasible: for example, housing, utilities, and transportation (including car insurance and public transportation).
  2. Local standards for housing and transportation have been developed. Utilities, including telephone, are covered under housing. Taxpayers will be allowed the local standard or the amount actually paid, whichever is less. See Exhibits 5.15.1-10 and 5.15.1-11.
    1. Housing. The housing standard provides the basis for determining whether a taxpayer will be required to pay the Service an amount equal to excessive or not-allowable housing expenses. Standards are established for each county within the district. When deciding whether a taxpayer should be required to pay the Service an amount equal to excessive or not-allowable housing expense, consider the cost of moving to a new residence, the increased cost of transportation to work and school which would result from moving to lower-cost housing, and the tax consequences of the loss of the interest deduction.
    2. Transportation. The transportation standard provides the basis for determining if the taxpayer will be required to pay the Service an amount equal to excessive or not-allowable transportation expenses. (1) As part of the standard, amounts are allowed for car purchase and lease, establishing different rates for a first car and, if allowed, a second or more cars. (2) Consider availability of public transportation if car payments (purchase or lease) will prevent the tax liability being paid in part or in full. Public transportation could be an option if it doesn't significantly increase commuting time and inconvenience the taxpayer.

[5.15] 1.3.2.3  (11-15-2000)
Necessary Expenses: Other

  1. Depending upon individual circumstances, other expenses may meet the necessary expense test: they must provide for the health and welfare of the taxpayer and/or his or her family, or they must be for the production of income.
  2. A taxpayer must substantiate the amounts and justify the expenses as necessary, unless the tax liability will be fully paid, including projected accruals, within five years. Other expenses which may meet the necessary expense test include, but are not limited to:
    1. Child care.
    2. Dependent care: elderly, invalid, or disabled.
    3. Taxes.
    4. Health care.
    5. Court-ordered payments.
    6. Involuntary deductions.
    7. Secured or legally perfected debts (minimum payments).
    8. Life insurance.
    9. Disability insurance for self-employed individual.
    10. Union dues.
    11. Professional association dues.
    12. Accounting and legal fees for representing a taxpayer before the Service, and other fees which meet the necessary expense test.
    13. Optional telephone service (call waiting, call identification, etc.), or long distance calls, if they meet the necessary expense test.
  3. Charitable contributions. To be necessary, charitable contributions have to provide for a taxpayer's or his or her family's health and welfare or be a condition of employment. Otherwise, they are conditional and allowable only if the tax liability, including projected accruals, can be paid within five years.
  4. Education. To be a necessary expense, a taxpayer must demonstrate that the expense is for a physically or mentally handicapped dependent and the education is not provided by public schools; or the expense must be a condition of employment.
  5. The expenses listed in 5.15.1.3.2. do not exhaust the category of necessary expenses. Other expenses may be considered if they meet the necessary expense test; health and welfare and/or the production of income.
  6. If other expenses are determined to be necessary and, therefore, allowable, document the reasons for the decision in the ACS Comments or case history.

[5.15] 1.3.2.4  (11-15-2000)
Necessary Expenses: Other -- Unsecured Debts

  1. Payments on unsecured debts may also be necessary. Allow minimum payments if a taxpayer substantiates and justifies the expense as necessary for either the health and welfare of the taxpayer and/or his or her family or for the production of income. Unsecured debts are rarely necessary expenses. Examples of unsecured debts which may be necessary expenses include:
    1. Payments required for the production of income; for example, payments to suppliers and payments on lines of credit needed for business;
    2. Payment of debts incurred, except to friends and relatives, to pay a federal tax liability.
  2. Except for payments required for production of income, don't allow payments on unsecured debts if the tax can be paid in full within 90 days.

[5.15] 1.3.3  (11-15-2000)
Conditional Expenses

  1. Conditional expenses are those that may be allowed if certain requirements are met.

[5.15] 1.3.3.1  (11-15-2000)
Conditional Expenses: Five-Year Rule for Full Payment

  1. If taxpayers establish they can stay current in all tax requirements and that the tax liability including projected accruals can be paid within five years, all expenses may be allowed, if amounts are reasonable.
  2. Although five years are allowed, base agreements on the taxpayer's actual ability to pay. Don't automatically allow agreements for the five-year maximum if the excess of income less expenses would allow them to pay in a shorter period of time. See IRM 5.14. for Installment Agreement procedures.
  3. Taxpayers may have incurred excessive necessary and not-allowable conditional expenses after the assessment of the tax liability. These expenses are not covered by the five-year rule. If you feel the taxpayer has incurred them to reduce the ability to pay, enforcement against the post-assessment assets or not allowing the expenses in an installment agreement may be appropriate.
  4. In unusual circumstances, it may be appropriate to allow conditional expenses even if the liability, including projected accruals, cannot be paid within five years. The basis for the exception must be fully explained in the case history, and expenses must be substantiated.

[5.15] 1.3.3.2  (11-15-2000)
Conditional Expenses: Unsecured Debts

  1. Don't allow payments on unsecured debt, including credit or charge cards, if omitting them would permit a taxpayer to pay in full within 90 days.
  2. Allow payments if the tax including projected accruals will be paid within five years. Note dates for final payments of the unsecured debts so additional funds can be applied to the tax. Include the increase in payments in installment agreements.
  3. If the tax can not be paid within five years, tell the taxpayer that unsecured debts which are conditional expenses are not allowed, and he/she must pay an amount equal to the expense.

[5.15] 1.3.3.3  (11-15-2000)
One-Year Rule for Eliminating Excessive Necessary and Not-Allowable Conditional Expenses

  1. Taxpayers who cannot full pay their accounts within five years may be given up to one year to modify or eliminate excessive necessary and/or not-allowable conditional expenses. By modifying or eliminating some conditional expenses, the taxpayer may be able to full pay the liability within the five-year limit. This would enable the taxpayer to retain some conditional expenses.
  2. For the first year or part of the year, make an installment agreement for an amount, even if minimal, which can be paid until the date the excessive or not allowable expenses are to be modified or eliminated. See 5.14 for installment agreement instructions.
  3. An installment agreement must include a payment increase at the date the taxpayer is expected to have modified or eliminated excessive necessary or not-allowable conditional expenses. Taxpayers are responsible for determining how best to adjust or eliminate expenses.
  4. If a taxpayer proposes an installment agreement that does not meet these terms, the case must be referred to the Independent Reviewer. See IRM 5.14 for these procedures.
  5. Excessive necessary expenses include, but are not limited to:
    1. Transportation. Car payments (purchase or lease) for luxury cars or for cars which do not meet the necessary expense test .
    2. Education. The taxpayer may be paying for a child's private school or university education. Tell the taxpayer that, unless it is determined to be a necessary expense, it will not be allowed beginning with the following school year, and we will expect an amount equal to the tuition. Taxpayers are responsible for deciding how to adjust or eliminate expenses.
    3. Housing. Taxpayers may be paying more than is warranted by their income level or may be paying more than is necessary for similar housing. Before determining if housing expenses are excessive, consider what is involved: leases, saving money for moving, loss of the interest deduction, and selling a house.
  6. If at the end of the first year, or other determined period of time up to one year, the taxpayer has not modified or eliminated excessive necessary and/or not allowable conditional expenses, grant additional time to do so only in unusual circumstances. Document the basis for the exception.

[5.15] 1.4  (11-15-2000)
Making The Collection Decision

  1. After the income and expense analysis has been completed, a collection decision can be made on the account.
  2. Some of the alternative collection decisions include:
    • Installment Agreement
    • Enforced Collection
    • Offer-in-Compromise
    • Currently Not Collectible

[5.15] 1.4.1  (11-15-2000)
Installment Agreement

  1. In some cases, payments on expense items are not due in regular monthly increments; for example, car insurance may be paid twice a year. Average expense items with varying monthly payments over twelve months unless the variation is excessive.
    1. In such instances, tell taxpayers they are responsible for putting enough money aside to ensure that tax payments are made during months that large payments on other liabilities must be made.
    2. If the installment agreement is for a year or less, it can be set up to reflect changes in payment. Document the expected increase or decrease in expenses, and adjust the installment payment amount accordingly.
  2. In arriving at disposable income, analyze the taxpayer's payroll deductions to ensure they are reasonable and allowable. The only automatically allowable deductions from gross pay or income are federal, state, and local taxes (including FICA and Medicare).
  3. Use locator number XX12 to establish installment agreements on cases involving non-allowable expenses which will be eliminated by the taxpayer, permitting an increase in payment. See IRM 5.14.
  4. If an installment agreement is granted to a taxpayer who has defaulted on a past agreement, document in Comments or the case file the reason for granting another agreement.
  5. If a taxpayer wishes to make payments but financial analysis shows that he or she lacks the resources to do so, the procedures in IRM 5.14.1.8(5) should be followed.

[5.15] 1.4.2  (11-15-2000)
Enforced Collection

  1. After taxpayers have been given the opportunity to resolve their accounts and failed to do so, consider enforcing collection.
  2. See Chapter 6 of IRM 5.14 for the procedures to follow for Independent Review prior to enforcing Collection if you are proposing the rejection of an installment agreement.

[5.15] 1.4.3  (11-15-2000)
Offer-in-Compromise

  1. Consider advising the taxpayer to submit an offer in compromise if payment by installments will not satisfy the tax liability within the life of the CSED plus an allowable extension. See IRM 5.8.

[5.15] 1.4.4  (11-15-2000)
Currently Not Collectible

  1. When financial analysis indicates no means of payment, see IRM 5.16, Currently Not Collectible (CNC) Handbook.
  2. Don't report cases CNC when the taxpayer is allowed time to modify expenses.
  3. Don't allow conditional expenses if a case is closed as CNC.

 

Exhibit [5.15] 1-1  (11-15-2000)
Using the Tiered Interview With Allowable Expenses


If the taxpayer

And:

Then:

Can full pay within 120 days

 

Refer to 5.14

Can NOT full pay within 120 days

Qualifies for Streamlined IA

Refer to 5.14

 

Does NOT qualify for Streamlined IA

Complete CIS/FIN and refer to allowable expense procedures in this chapter.

Per CIS/FIN:

 

 

Can full pay (including accruals) within 5 years

 

5 year rule applies--all expenses (necessary expenses and conditional) may be allowed (see Section 5.15.1.3.3.2.)

Can NOT full pay (including accruals) within 5 years

Taxpayer is NOT currently-not-collectible

Refer to Section 5.15.1.4.4.

 

Taxpayer is NOT currently-not-collectible
        AND
does have excess necessary expenses or not allowed expenses

1 year rule applies--(refer to Section 5.15.1.3.3.3)

 

Taxpayer is NOT currently-not-collectible
        AND
does NOT have excess necessary expenses or not allowed expenses

Follow normal IA procedures

 

Exhibit [5.15] 1-2  (11-15-2000)
Financial Analysis -- Expenses (Reference: Section 5.15.1.3)


National Standards

Apparel and services . Includes shoes and clothing, laundry and dry cleaning, and shoe repair.

Food . Includes all meals, home or away.

Housekeeping supplies . Includes postage and stationary; laundry and cleaning supplies; other household products: cleansing and toilet tissue, paper towels and napkins, lawn and garden supplies, and miscellaneous household supplies.

Miscellaneous . A discretionary allowance. It is $100 for one person and $25 for each additional person in a taxpayer's family.

Personal care products and services . Includes hair care products, haircuts and beautician services, oral hygiene products and articles, shaving needs, cosmetics, perfume, bath preparations, deodorants, feminine hygiene products, electric personal care appliances, personal care services, and repair of personal care appliances.

Local Standards

Utilities . Includes gas, electricity, water, fuel oil, coal, bottled gas, trash and garbage collection, wood and other fuels, septic cleaning, and telephone.

Housing . Usually, only expenses for the place of residence are considered to be necessary. Housing expenses include: mortgage or rent, property taxes, interest, parking, necessary maintenance and repair, homeowner's or renter's insurance, homeowner dues and condominium fees.

Transportation . Vehicle insurance, vehicle payment (lease or purchase), maintenance, fuel, state and local registration, required vehicle inspection, parking fees, tolls, driver's license, public transportation. Transportation costs not required to produce income or ensure health and welfare are not necessary.

Other Necessary Expenses

Accounting and legal fees . Fees are necessary only if they are for representation before the Service or they meet the necessary expense test of health or welfare and/or production of income.

Charitable contributions . These expenses include donations to tax exempt organizations such as: civic organizations, religious organizations (tithing and educational), and medical services or associations. To be necessary, charitable contributions have to provide for the health and welfare of the taxpayer or taxpayer's family; or be a condition of employment.

Child care . Baby sitting, day care, nursery, and preschool. Expenses are necessary if they meet the necessary expense test: health and welfare and/or production of income. Ensure that only a reasonable amount is allowed. Costs of child care can vary greatly. Don't allow unusually large child care expenses if more reasonable alternatives are available.

Court ordered payments . Alimony, child support (including orders made by a state administrative agency), and other court-ordered payments. If the expense is already being deducted directly from a taxpayer's pay, do not include it again as an expense.

Dependent care . For the elderly, invalid, or handicapped. This expense is necessary if there is no alternative to the taxpayer paying the expense.

Education . Education is a necessary expense if required for a physically or mentally challenged child and no public education providing similar services is available. It is also a necessary expense if required as a condition of employment; for example, a teacher whose employment is conditional upon completion of a graduate program.

Health Care . Health insurance, medical services, prescription drugs, and medical supplies (including eyeglasses and contact lenses). A guide dog for someone who is visually handicapped is also allowable.

Involuntary deductions . Deductions from income include FICA, Medicare, and union dues.

Life Insurance . To be necessary, insurance is limited to term policies. Life insurance used as an investment is not a necessary expense. Consider if the payoff of the policy is high compared to the lifestyle of the beneficiaries. Even for term policies, expensive premiums must be justified.

Secured or legally-perfected debts . If the debts meet the necessary expense test of health and welfare and/or production of income, payments will be allowed for these debts. To be allowed, a taxpayer must substantiate that the payments are being made.

Taxes . Current federal (including FICA, Medicare), state, and local tax payments. Delinquent state and local tax payments are necessary and, therefore, allowable depending on the priority of the Federal tax lien and/or Service agreements with state and local taxing agencies.

Unsecured Debts . Minimum payments should be allowed if a taxpayer substantiates and justifies the expense. The necessary expense test of health and welfare and/or production of income must be met. Except for payments required for the production of income, payments on unsecured debts will not be allowed if the tax liability, including projected accruals, can be paid in full within 90 days.

Conditional Expenses

Accounting and legal fees . Fees are necessary only if they are for representation before the Service or they meet the necessary expense test of health and welfare and/or production of income. Other accounting and legal fees are conditional expenses and are allowable if the tax liability can be paid in full, including projected accruals, within five years.

Charitable Contribution . These expenses include donations to tax exempt organizations such as: civic organizations, religious organizations (tithing and educational), and medical services or associations. Charitable expenses which are not considered necessary are conditional expenses and are allowable if the tax liability, including projected accruals, can be paid within five years.

Education . Expenses for private elementary and secondary and public and private college education are conditional expenses and are allowable if the tax liability, including projected accruals, can be full paid within five years.

Housing . Housing other than the principal residence is not a necessary expense. Other housing is a conditional expense allowable only if the tax liability, including projected accruals, can be fully paid within five years. Examples of such housing would include vacation property, owned, rented, leased, or time-shared. Other costs associated with housing are usually conditional. For example, pool service and gardening are optional and could be done by a taxpayer as opposed to the kinds of home maintenance, like roof repair or plumbing, which would qualify as necessary.

Life Insurance . Life insurance used as an investment is a conditional expense. Ask the taxpayer whether it's possible to suspend payments on whole or investment life insurance policies in order to apply the money to the tax liability. If the policy has a cash value, ask the taxpayer to obtain it. If the taxpayer will not voluntarily obtain it, consider enforcement. Consider if the payoff of the policy is high compared to the lifestyle of the beneficiaries. Expensive premiums should be justified. Allow whole life/investment insurance as a conditional expense if the tax liability, including projected accruals, will be paid in full, including accruals, within five years.

Retirement--voluntary payments . Payments will be allowed if the liability, including projected accruals, will be paid in full within five years.

Secured or Legally Perfected Debts . Payments not considered necessary may be allowed if the tax liability including projected accruals will be paid within five years.

Transportation . Transportation not needed for family health and welfare and/or the production of income is not a necessary expense. Other than necessary vehicles are conditional expenses allowable if the liability, including projected accruals, will be paid in full within five years. Examples of conditional transportation expenses are multiple vehicles and recreation vehicles.

Unsecured Debts . Allow payments on unsecured debts if the tax liability including projected accruals will be paid within five years. Otherwise, payments will have to come from the total amount allowed under the National Standards. Don't allow payments on unsecured debts, including credit cards, if omitting them would permit the taxpayer to pay in full within 90 days.

 

Exhibit [5.15] 1-3  (11-15-2000)
Questions and Answers to Assist in Financial Analysis (Reference: Section 5.15.1.3)


1.

Question. If, as a condition of employment, a minister is to tithe, a business executive is required to contribute to a charity, or an employee is required to contribute to a pension plan, will these expenses be allowed?

 

Answer. Yes. The only thing to consider is whether the amount being contributed equals the amount actually required and does not include a voluntary portion.

2.

Question. A taxpayer has a child in an expensive university. She has already paid the university $25,000 for tuition and housing for the school year, and she intends to pay another $25,000 next July for the following school year. Should this expense be allowed?

 

Answer. Yes, if we can get a full pay within five years. Otherwise, the expense will not be allowable. If the provisions of LEM 5.3 are met, the taxpayer may be eligible for an allowable expense to cover the child's enrollment at a local college. The reduced education expense could make it possible for the taxpayer to take advantage of the five-year rule. Tell the taxpayer that we expect an amount equal to the tuition. She is responsible for deciding what expense modifications or eliminations are needed to pay the tax liability.

3.

Question. A taxpayer is starting the second year of a two-year lease for a luxury car. Car payments are $1,200 a month. Should the taxpayer be allowed this expense?

 

Answer. Yes, if we can get a full pay within five years. Otherwise, the taxpayer must justify the expense. There are some occupations which require luxury cars. The type of car can also depend on the location. A real estate agent will probably drive a more expensive car if she is working in a suburb with very expensive homes than in a middle class suburb. If the taxpayer could be expected to drive a more reasonably priced car, then steps should be taken to eliminate the expense. Ask the taxpayer what the penalty would be to return the car to the dealer. With only one year left on the contract, the penalty might not be negligible compared to the amount we could receive if the taxpayer leased a moderately-priced car.

4.

Question. A taxpayer is living in an apartment which rents for $2,000 per month. The lease has another six months to run. The lease agreement includes a termination penalty equal to the lesser of two months rent or the monthly rent due for the balance of the lease. The taxpayer has a $500 security deposit. Local rental data indicates that an acceptable rental apartment in the same general neighborhood can be rented to house the family at a cost of $1,500 per month. The taxpayer cannot full pay within five years. Should the taxpayer be required to move to cheaper living quarters as a condition of an installment agreement?

 

Answer. Since breaking the lease would cost more than keeping it until expiration, an installment agreement may be written which allows the taxpayer to live in his present quarters for the balance of the lease but which requires an increase of $500 with the seventh month.

5.

Question. A taxpayer is a commissioned sales person living in a home with a $3,000 monthly mortgage. The property was purchased in 1989 at the peak of the local real estate market and has lost approximately 25% of its value in that time due to local market declines. The present value is approximately equal to the mortgage balance. A single family home of a size adequate to house the family is available in a middle class neighborhood convenient to work and schools for $1,800 per month, including utilities. If the taxpayer remains in his home, income and expenses are approximately equal, leaving no disposable income to apply to the delinquent federal taxes. Should the account be reported currently not collectible?

 

Answer. No. The difference between the cost of renting and owning indicates that a significant payment can be made if the residence were sold. The loss of the taxpayer's equity is not the primary consideration. Advise the taxpayer he will have up to one year to adjust his expenses so that the Service will then receive an amount equal to the excessive housing expense. Make an installment agreement for a lesser amount in the interim, with an increase in payment at the date the house is supposed to be sold. Advise the taxpayer that enforcement may be taken at the end of a year if the installment agreement defaults for any reason, including because the taxpayer failed to pay the required increase. If there is a default, the taxpayer will have to demonstrate that a good faith effort was made to sell or borrow on the property.

6.

Question. A taxpayer claims her cable TV expense of $40 per month is a necessary expense because she lives in a remote area where reception is poor. Should this expense be allowed?

 

Answer. Yes, if we can get a full pay within five years. But it is not a necessary expense. Also, the National Standards include an amount for "miscellaneous" which could cover this expense.

7.

Question. A taxpayer claims that she needs more than the amount provided by the National Standards because she has five teenage children. Can she get an increased amount?

 

Answer. Yes, if she can fully pay the tax liability within five years. Otherwise, she has to substantiate and justify all the expenses included within the National Standards. The fact that she spends more than the National Standards allow for one category, such as clothing, does not in itself constitute a justification.

8.

Question. A self-employed taxpayer who has no other source of retirement income has an Individual Retirement Account (IRA). Should payments to the IRA be allowed if it will take six years for her to fully pay the tax liability?

 

Answer. No. Tell the taxpayer to apply the amount going to the IRA to the tax liability, in addition to other identified disposable income. If the taxpayer wishes to continue making IRA payments, she must divert the money from allowed expenses.

9.

Question. We have a joint tax liability against a married couple. They have submitted a Form 433-A. Our analysis indicates that it will take a four-year installment agreement to fully pay the tax liability. The husband is a truck driver who is responsible for his own food and lodging expenses on the road. He usually pays these as he goes with a credit card. He requests that this monthly payment be allowed. Should we allow the expense?

 

Answer. First, we need to determine if these are business expenses. If they are, they should not appear on the Form 433-A. The income which appears on the 433-A should not reflect business expenses which have already been deducted from business income to arrive at personal income. If they are not business expenses and it's determined they are necessary, they should be allowed. How they are paid, cash or credit card, doesn't concern us. If the taxpayer needs to make minimal payments to keep his credit card active, he should be told that the payments should come from the amount allowed by the National Standards, which includes a miscellaneous amount. Then monthly additions to the credit card should be fully paid from the amount allowed for the expense.

10.

Question. A taxpayer completes a CIS which indicates that she can fully pay the liability within five years Since the assessment of the tax liability, she has increased her expenses by buying a luxury car worth $35,000, for which she put $12,000 down. She has also moved from an apartment costing $900 monthly to one costing $2,000 monthly. Should the provisions of the the five-year or the one-year rule apply?

 

Answer. If it appears that she, although aware of the tax liability, committed part of her disposable income to excessive necessary or not-allowable conditional expenses, the Service is not obligated to allow the excessive expenses even though the liability could be fully paid within five years. It may be appropriate to inform the taxpayer that for the Service to consider an agreement, she will have to pay us immediately an amount equal to the down payment on the car and to pay us, as part of an installment agreement, an amount equal to the increased monthly costs of housing and the car. This amount would be in addition to her other disposable income.

11.

Question. A taxpayer is contacted who has a child in parochial school. Should the taxpayer be allowed this expense?

 

Answer. Yes, if we can get a full pay within five years. Otherwise, the expense will be allowed if it is for a physically or mentally challenged child and no public education providing similar services is available. If the expense is not to be included among allowable expenses, tell the taxpayer that he or she is responsible for deciding what expense modifications or eliminations are needed to pay the tax liability.

12.

Question. Because of budget constraints, a public school district has begun charging fees for certain services which were previously provided free. Should a taxpayer be allowed the expense of paying these fees?

 

Answer. Yes, if the fees are required of all children in the school district. Fees for optional services, such as music lessons, are allowable if the tax liability including projected accruals will be paid within five years.

13.

Question. A district has an arrangement with Consumer Credit Counseling Services (CCCS) in which CCCS submits installment agreement proposals on behalf of the taxpayer. Will these cases be subject to the new allowable expense procedures?

 

Answer. Yes, unless the agreement falls under the streamlined installment agreement procedures. Any installment agreement in which financial analysis is required will be subject to the allowable expense guidelines. The area office must share allowable expense procedures with CCCS.

 

Exhibit [5.15] 1-4  (11-15-2000)
Financial Analysis: Total Monthly National Standards -- Except Alaska and Hawaii; Reference 5.15.1.1(6) (Effective 10-01-1999)


Total Gross Monthly Income

 

Number of Persons

 

 

One

Two

Three

Four

Over Four

 

Less than $830

345

466

579

726

+125

 

$830 to $1,249

391

525

646

762

+135

 

$1,250 to $1,669

433

630

737

800

+145

 

$1,670 to $2,499

527

685

781

830

+155

 

$2,500 to $3,329

554

769

863

924

+165

 

$3,330 to $4,169

620

830

948

1,063

+175

 

$4,170 to $5,829

773

957

1,018

1,170

+185

 

$5,830 and over

991

1,235

1,399

1,473

+195

 

 

Exhibit [5.15] 1-4  (11-15-2000)
Financial Analysis: Total Monthly National Standards -- Except Alaska and Hawaii; Reference 5.15.1.1(6) (Effective 10-01-1999)


Expenses include:

 

Housekeeping supplies

 

Apparel and services

 

Personal care products and services

 

Food

 

Miscellaneous

For each person in a family with more than four persons, add the amount in the "Over Four" column to the amount in the "Four" column.

Normally, expenses should be allowed only for persons who can be claimed as exemptions on the taxpayer s income tax return.

Dollar amounts are derived from the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey.

A complete breakdown by expense item of these total monthly necessary expenses is in Exhibit 5.15.1-5.

 

Exhibit [5.15] 1-5  (11-15-2000)
Financial Analysis: Monthly National Standards -- Itemized -- Except Alaska and Hawaii (Effective 10-01-1999) Reference 5.15.1.1(6)


ONE PERSON

 

Gross Monthly Income

 

 

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

Food

170

198

214

257

270

325

428

456

Housekeeping supplies

18

20

21

26

27

29

35

43

Apparel and services

43

52

75

120

127

129

168

334

Personal care products & services

14

21

23

24

30

37

42

58

Miscellaneous

100

100

100

100

100

100

100

100

Total

345

391

433

527

554

620

773

991

 

Exhibit [5.15] 1-5  (11-15-2000)
Financial Analysis: Monthly National Standards -- Itemized -- Except Alaska and Hawaii (Effective 10-01-1999) Reference 5.15.1.1(6)


TWO PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

228

277

351

365

424

438

515

635

 

 

Housekeeping supplies

23

27

28

40

46

51

57

74

 

 

Apparel & services

71

72

98

121

128

167

202

335

 

 

Personal care products & services

19

24

28

34

46

49

58

66

 

 

Miscellaneous

125

125

125

125

125

125

125

125

 

 

Total

466

525

630

685

769

830

957

1,235

 

 

 

Exhibit [5.15] 1-5  (11-15-2000)
Financial Analysis: Monthly National Standards -- Itemized -- Except Alaska and Hawaii (Effective 10-01-1999) Reference 5.15.1.1(6)


THREE PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

272

326

390

406

444

488

545

737

 

 

Housekeeping supplies

24

28

29

41

47

55

58

77

 

 

Apparel & services

110

114

134

143

175

205

206

368

 

 

Personal care products & services

23

28

34

41

47

50

59

67

 

 

Miscellaneous

150

150

150

150

150

150

150

150

 

 

Total

579

646

737

781

863

948

1,018

1,399

 

 

 

Exhibit [5.15] 1-5  (11-15-2000)
Financial Analysis: Monthly National Standards -- Itemized -- Except Alaska and Hawaii (Effective 10-01-1999) Reference 5.15.1.1(6)


FOUR PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

374

376

406

416

472

574

629

777

 

 

Housekeeping supplies

36

37

38

46

49

57

60

78

 

 

Apparel & services

114

145

146

147

179

206

244

369

 

 

Personal care products & services

27

29

35

46

49

51

62

74

 

 

Miscellaneous

175

175

175

175

175

175

175

175

 

 

Total

726

762

800

830

924

1,063

1,170

1,473

 

 

 

Exhibit [5.15] 1-5  (11-15-2000)
Financial Analysis: Monthly National Standards -- Itemized -- Except Alaska and Hawaii (Effective 10-01-1999) Reference 5.15.1.1(6)


MORE THAN FOUR PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

For each additional person, add to four-person total allowance:

125

135

145

155

165

175

185

195

 

 

 

Exhibit [5.15] 1-6  (11-15-2000)
Financial Analysis: Total Monthly National Standards for Alaska (Effective 10-01-1999) Reference 5.15.1.1(6)


Total Gross Monthly Income

 

Number of Persons

 

 

One

Two

Three

Four

Over Four

 

Less than $830

414

558

693

869

+153

 

$830 to $1,249

469

628

773

916

+165

 

$1,250 to $1,669

518

752

882

959

+177

 

$1,670 to $2,499

627

817

935

994

+189

 

$2,500 to $3,329

663

919

1,031

1,104

+201

 

$3,330 to $4,169

743

991

1,133

1,271

+214

 

$4,170 to $5,829

922

1,145

1,216

1,398

+226

 

$5,830 and over

1,183

1,474

1,668

1,756

+238

 

 

Exhibit [5.15] 1-6  (11-15-2000)
Financial Analysis: Total Monthly National Standards for Alaska (Effective 10-01-1999) Reference 5.15.1.1(6)


Expenses include:

 

Housekeeping supplies

 

Apparel and services

 

Personal care products and services

 

Food

 

Miscellaneous

For each person in a family with more than four persons, add the amount in the "Over Four" column to the amount in the "Four" column.

Normally, expenses should be allowed only for persons who can be claimed as exemptions on the taxpayer s income tax return.

Dollar amounts are derived from the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey.

A complete breakdown by expense item of these total monthly necessary expenses is in Exhibit 5.15.1-7.

 

Exhibit [5.15] 1-7  (11-15-2000)
Financial Analysis: Monthly National Standards for Alaska -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


ONE PERSON

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

202

235

255

305

322

388

509

543

 

 

Housekeeping supplies

22

24

26

30

32

36

42

51

 

 

Apparel & services

51

62

88

142

150

153

199

398

 

 

Personal care products & services

17

26

27

28

37

44

50

69

 

 

Miscellaneous

122

122

122

122

122

122

122

122

 

 

Total

414

469

518

627

663

743

922

1,183

 

 

 

Exhibit [5.15] 1-7  (11-15-2000)
Financial Analysis: Monthly National Standards for Alaska -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


TWO PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

271

330

416

433

504

521

613

755

 

 

Housekeeping supplies

27

32

33

48

55

61

68

87

 

 

Apparel & services

84

85

117

143

152

198

242

400

 

 

Personal care products & services

23

28

33

40

55

58

69

79

 

 

Miscellaneous

153

153

153

153

153

153

153

153

 

 

Total

558

628

752

817

919

991

1,145

1,474

 

 

 

Exhibit [5.15] 1-7  (11-15-2000)
Financial Analysis: Monthly National Standards for Alaska -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


THREE PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

324

389

464

483

528

580

648

877

 

 

Housekeeping supplies

28

33

36

49

56

66

69

91

 

 

Apparel & services

131

135

159

171

208

244

246

437

 

 

Personal care products & services

27

33

40

49

56

60

70

80

 

 

Miscellaneous

183

183

183

183

183

183

183

183

 

 

Total

693

773

882

935

1,031

1,133

1,216

1,668

 

 

 

Exhibit [5.15] 1-7  (11-15-2000)
Financial Analysis: Monthly National Standards for Alaska -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


FOUR PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

445

448

483

494

562

682

748

925

 

 

Housekeeping supplies

43

44

45

55

58

68

72

92

 

 

Apparel & services

135

174

175

176

212

246

290

438

 

 

Personal care products & services

32

36

42

55

58

61

74

87

 

 

Miscellaneous

214

214

214

214

214

214

214

214

 

 

Total

869

916

959

994

1,104

1,271

1,398

1,756

 

 

 

Exhibit [5.15] 1-7  (11-15-2000)
Financial Analysis: Monthly National Standards for Alaska -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


MORE THAN FOUR PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

For each additional person, add to four-person total allowance:

153

165

177

189

201

214

226

238

 

 

 

Exhibit [5.15] 1-8  (11-15-2000)
Financial Analysis: Total Monthly National Standards for Hawaii (Effective 10-01-1999) Reference 5.15.1.1(6)


Total Gross Monthly Income

 

Number of Persons

 

 

One

Two

Three

Four

Over Four

 

Less than $830

373

501

622

781

+138

 

$830 to $1,249

423

564

695

820

+150

 

$1,250 to $1,669

466

675

790

860

+161

 

$1,670 to $2,499

565

732

838

892

+172

 

$2,500 to $3,329

595

824

925

993

+183

 

$3,330 to $4,169

665

887

1,016

1,139

+194

 

$4,170 to $5,829

826

1,026

1,090

1,254

+205

 

$5,830 and over

1,061

1,323

1,497

1,578

+216

 

 

Exhibit [5.15] 1-8  (11-15-2000)
Financial Analysis: Total Monthly National Standards for Hawaii (Effective 10-01-1999) Reference 5.15.1.1(6)


Expenses include:

 

Housekeeping supplies

 

Apparel and services

 

Personal care products and services

 

Food

 

Miscellaneous

For each person in a family with more than four persons, add the amount in the "Over Four" column to the amount in the "Four" column.

Normally, expenses should be allowed only for persons who can be claimed as exemptions on the taxpayer s income tax return.

Dollar amounts are derived from the Bureau of Labor Statistics (BLS) Consumer Expenditure Survey.

A complete breakdown by expense item of these total monthly necessary expenses is in Exhibit 5.15.1-9.

 

Exhibit [5.15] 1-9  (11-15-2000)
Financial Analysis: Monthly National Standards for Hawaii -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


ONE PERSON

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

181

212

228

274

288

347

456

486

 

 

Housekeeping supplies

20

22

23

28

29

31

37

45

 

 

Apparel & services

45

55

80

127

135

137

178

357

 

 

Personal care products & services

16

23

24

25

32

39

44

62

 

 

Miscellaneous

111

111

111

111

111

111

111

111

 

 

Total

373

423

466

565

595

665

826

1,061

 

 

 

Exhibit [5.15] 1-9  (11-15-2000)
Financial Analysis: Monthly National Standards for Hawaii -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


TWO PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

243

296

373

389

452

466

549

677

 

 

Housekeeping supplies

24

29

30

42

49

54

61

79

 

 

Apparel & services

75

76

104

128

136

177

216

358

 

 

Personal care products & services

21

25

30

35

49

52

62

71

 

 

Miscellaneous

138

138

138

138

138

138

138

138

 

 

Total

501

564

675

732

824

887

1,026

1,323

 

 

 

Exhibit [5.15] 1-9  (11-15-2000)
Financial Analysis: Monthly National Standards for Hawaii -- Itemized (Effective 10-01-1999) Reference 5.15.1.1(6)


THREE PERSONS

Gross Monthly Income

 

 

Item

Less than $830

$830 to $1,249

$1,250 to $1,669

$1,670 to $2,499

$2,500 to $3,329

$3,330 to $4,169

$4,170 to $5,829

$5,830 and over

 

 

Food

290

348

415

433

473

520

580

785

 

 

Housekeeping supplies

25

30

31

43

50

59

62

82

 

 

Apparel & services

117

121

143

153

186

218

219

392

 

 

Personal care products & services

24

30

35

43

50

53

63

72

 

 

Miscellaneous

166

166

166

166

166

166

166

166

 

 

Total

622

695

790

838

925

1,016

1,090

1,497

 

 


Internal Revenue Manual  

Hndbk. 5.15 Chap. 1 Analyzing Financial Information

  (11-15-2000