IRS Collection Notices Send Taxpayers in Disaster Areas Scrambling

News July 19, 2023 at 10:29 AM
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Taxpayers in disaster areas who thought they'd gotten tax relief from the IRS are now faced with "notice and demand" collection letters from the agency.

National Taxpayer Advocate Erin Collins explained in a recent blog post that these notices were erroneously sent out due to the "difficulty of reprograming the antiquated IRS IT systems," yet another example "of the urgent need" to update IRS technology.

The agency attempted to remedy the error by including a "short paragraph on the back of page 4″ of its notice. "However, the additional language did not solve the problem," Collins said. "Instead, it led to confusion and questions."

In the beginning of 2023, the IRS postponed deadlines for filing tax returns and making tax payments until Oct. 16, 2023, for taxpayers affected by severe weather in parts of California, Collins explains.

In two California counties, Modoc and Shasta, the filing and payment date was postponed until Aug. 15, the blog states.

The IRS also postponed due dates for seven other states — Alabama, Arkansas, Florida, Georgia, Indiana, Mississippi and Tennessee.

Instead of reprogramming its systems, the IRS mailed a Notice CP14 even though the payments were not due until Aug. 15 or Oct. 16.

The agency "attempted to explain early CP14 notices to taxpayers covered by a disaster declaration who filed their balance due return in a brief paragraph on page 4," according to Collins.

The collection notices also informed the taxpayers "that interest and penalties would accrue after the due date reflected on the front page of the notice," Collins wrote.  "All of this is wrong for taxpayers covered by disaster declarations when the original due dates fall within the postponement period."

An estimated one million taxpayers in California and the seven other states, Collins explained, filed their return early "but properly decide to hold off on making payment until the postponed deadline."

Now, "to their surprise and dismay — and contrary to IRS guidance and press releases — those taxpayers are now receiving 'notice and demand' collection letters from the IRS telling them their payments are currently due and the IRS will begin to charge interest and penalties if the taxpayer doesn't pay" within 21 days, Collins said.

Many taxpayers who live in disaster areas "are confused and frustrated" because the IRS sent them a collection notice and demand for tax payments with an incorrect due date, she said.

The IRS is required to send a notice and demand for payment as soon as practicable, and within 60 days of processing a tax return. "The IRS believes this is true even if a disaster declaration gives you more than 60 days after filing your return to pay the tax," Collins explained.

Unfortunately, Collins states, "for taxpayers covered by a disaster declaration, the IRS followed its normal collection procedures and mailed an initial collection notice and demand, Notice CP14. These collection notices reflected an incorrect due date."

The notices provided 21 days (10 days for taxpayers with balances of $100,000 or more) to pay the balance even though payment was not required prior to Aug. 15 or Oct. 16.

In the future, the IRS needs to reprogram its systems to delay the issuance of the notice, "assuming the IRS continues to believe it must send the CP14 notice," Collins stated.

Collins added that she "strongly" encouraged the agency to include "a first page that says, in large type, that it is sending this notice to comply with a legal requirement but that taxpayers living in a disaster area have until the date specified in the disaster declaration and will not face interest charges or penalties if they pay by the postponed date."

Jeff Bush of The Washington Update told ThinkAdvisor Tuesday in an email that he's "not surprised by the sending of confusing required payment date notices. The tax code is very complicated, the Service's systems are antiquated, and it's culturally assumed by the Service that a taxpayer reads an entire form, notice, etc., to understand what is expected of them. So, from the Service's perspective, page 4 is as effective as page 1."

The IRS, Bush added, "has long needed an upgrade in technology. The Service is woefully behind and, as a part of the $80B [budget boost] passed in the Inflation Reduction Act, is directed to upgrade its systems to something from this century (literally)."

With the additional funds, the IRS, Bush added, is "hiring additional staff in customer service, processing, and enforcement along with the technology hires."

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