What Rights do Taxpayers Have When Dealing With the IRS?
IMost people consider any dealings with the IRS to be very stressful and frustrating. Keep in mind that taxpayers have important rights when dealing with the IRS. In fact, the IRS has published a "Declaration of Taxpayer Rights." It provides:
I. Protection of Your Rights
IRS employees will explain and protect your rights as a taxpayer throughout your contact with us.
II. Privacy and Confidentiality
The IRS will not disclose to anyone the information you give us, except as authorized by law. You have the right to know why we are asking you for information, how we will use it, and what happens if you do not provide requested information.
III. Professional and Courteous Service
If you believe that an IRS employee has not treated you in a professional, fair, and courteous manner, you should tell that employee’s supervisor. If the supervisor’s response is not satisfactory, you should write to the IRS director for your area or
the center where you file your return.
IV. Representation
You may either represent yourself or, with proper written authorization, have someone else represent you in your place. Your representative must be a person allowed to practice before the IRS, such as an attorney, certified public accountant, or enrolled agent. If you are in an interview and ask to consult such a person, then we must stop and reschedule the interview in most cases.
You can have someone accompany you at an interview. You may make sound recordings of any meetings with our examination, appeal, or collection personnel, provided you tell us in writing 10 days before the meeting.
V. Payment of Only the Correct Amount of Tax
You are responsible for paying only the correct amount of tax due under the law—no more, no less. If you cannot pay all of your tax when it is due, you may be able to make monthly installment payments.
VI. Help With Unresolved Tax Problems
The Taxpayer Advocate Service can help you if you have tried unsuccessfully to resolve a problem with the IRS. Your local Taxpayer Advocate can offer you special help if you have a significant hardship as a result of a tax problem. For more information, call toll free 1–877–777–4778 (1–800–829–4059 for TTY/TDD) or write to the Taxpayer
Advocate at the IRS office that last contacted you.
VII. Appeals and Judicial Review
If you disagree with us about the amount of your tax liability or certain collection actions, you have the right to ask the Appeals Office to review your case. You may also ask a court to review your case.
VIII. Relief From Certain Penalties and Interest
The IRS will waive penalties when allowed by law if you can show you acted reasonably and in good faith or relied on the incorrect advice of an IRS employee. We will waive interest that is the result of certain errors or delays caused by an IRS employee.
Other Tax Litigation FAQs
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Q:
What is the IRS Appeals Office?
A: If you disagree with the IRS findings in your case, you can appeal your case to the Appeals Office of the IRS. The local Appeals Office is separate from and … More -
Q:
What Protections are Taxpayers Entitled to When They Have a Dispute with the IRS?
A: When taxpayers have a dispute with the IRS, they are entitled to the following minimum protections from the Appeals Office: Appeal disputes arising under the Internal … More -
Q:
How Does the IRS Determine Which Tax Returns to Audit?
A: According to the IRS, tax returns are selected to be audited in one of two ways: (1) the IRS uses computer programs to identify returns that may have incorrect … More -
Q:
What is an Installment Agreement?
A: If you owe the IRS money, but can't pay it in one lump sum, the IRS might allow you to pay according to an "Installment Agreement." Installment … More -
Q:
What is an Offer in Compromise?
A: An "Offer in Compromise" (OIC) is an arrangment made with the IRS to settle unpaid tax accounts for less than the full amount of the balance due. This … More -
Q:
Which Taxpayers Qualify to Make an Offer in Compromise to the IRS?
A: The Offer in Compromise program is an option for taxpayers who can't pay the tax they owe, either in a lump sum or through an installment agreement, and have … More -
Q:
What is a Partial Payment Agreement with the IRS?
A: When you can't pay all the tax you owe to the IRS in a lump sum, you may be able to work out a payment plan to pay what you owe. If the amount you owe is so … More -
Q:
What is Innocent Spouse Relief?
A: As set forth in more detail in IRS Publication 971, under the law, spouses are jointly and individually responsible for any tax, interest, and penalties on a … More -
Q:
How do I Apply for Innocent Spouse Relief?
A: To apply for Innocent Spouse relief, file Form 8857, "Request for Innocent Spouse Relief," and attach a statement explaining why you qualify for … More -
Q:
My Employer Received an IRS Wage Garnishment Order, Can I Stop It?
A: If your employer has received an order from the Internal Revenue Service to garnish your wages for back taxes, there are some steps you may be able to take to stop … More
Tax Litigation Sub-categories
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IRS Tax Problem
Student Loan Interest Deductions |
Tax Deductions
Taxpayer Identification Number |

