Every taxpayer has rights when dealing with the IRS.
The Taxpayer Bill of Rights takes these rights from the tax
code and groups them into 10 categories.
The Right to Be Informed
Taxpayers have the right to
know how to comply with tax laws. They are entitled to clear explanations of
the laws and IRS procedures. Taxpayers have the right to know about IRS
decisions affecting their accounts with clear explanations of the outcomes.
The Right to Quality Service
Taxpayers have the right
to receive prompt, courteous and professional assistance when dealing with the
IRS. They also have the right to speak with a supervisor about inadequate
service. Communications from the IRS should be clear and easy to understand.
The Right to Pay No More Than the Correct Amount of Tax
Taxpayers must pay only the amount of tax legally due. This includes interest
and penalties. The IRS must apply all tax payments properly.
The Right to Challenge the IRS’s Position and Be Heard
Taxpayers have the right to object to formal IRS actions or proposed actions.
They can also provide justification with additional documentation. Taxpayers
can expect the IRS to consider timely objections and documentation promptly and
fairly. Taxpayers can expect a response when the IRS disagrees with the
taxpayer’s position.
The Right to Appeal an IRS Decision in an Independent Forum
Taxpayers are entitled to a fair and impartial appeal of most IRS decisions.
This includes appealing certain penalties. Taxpayers have the right to receive
a written response from the IRS regarding a decision. Taxpayers generally have
the right to take their case to court.
The Right to Finality
Taxpayers have the right to know the maximum amount of time
they have to challenge the IRS’s position as well as the maximum amount of time
the IRS has to audit a particular tax year or collect a tax debt. Taxpayers
have the right to know when the IRS has finished an audit.
The Right to Privacy
Taxpayers have the right to expect that any IRS inquiry,
examination, or enforcement action will comply with the law and be no more
intrusive than necessary, and will respect all due process rights, including
search and seizure protections and will provide, where applicable, a collection
due process hearing.
The Right to Confidentiality
Taxpayers have the right to expect that any information they
provide to the IRS will not be disclosed unless authorized by the taxpayer or
by law. Taxpayers have the right to expect appropriate action will be taken
against employees, return preparers, and others who wrongfully use or disclose
taxpayer return information.
The Right to Retain Representation
Taxpayers have the right to retain an authorized representative
of their choice to represent them in their dealings with the IRS. Taxpayers
have the right to seek assistance from a Low Income Taxpayer Clinic if they
cannot afford representation.
The Right to a Fair and Just Tax System
Taxpayers have the right to expect the tax system to
consider facts and circumstances that might affect their underlying
liabilities, ability to pay, or ability to provide information timely.
Taxpayers have the right to receive assistance from the Taxpayer Advocate
Service if they are experiencing financial difficulty or if the IRS has not
resolved their tax issues properly and timely through its normal channels.