USA Corporate Tax Data

Detailed Explanation

26 U.S.C. § 6103

(a); (b)(2),(6)

TITLE 26 - INTERNAL REVENUE CODE, SUBTITLE F - PROCEDURE AND ADMINISTRATION, CHAPTER 61 - INFORMATION AND RETURNS, SUBCHAPTER B - MISCELLANEOUS PROVISIONS, § 6103 – CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION...(a) GENERAL RULE Returns and return information shall be confidential, and except as authorized by this title...(b) DEFINITIONS For purposes of this section--...(2) RETURN INFORMATION The term “return information” means--(A) a taxpayer’s identity, the nature, source, or amount of his income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax withheld, deficiencies, over assessments, or tax payments, whether the taxpayer’s return was, is being, or will be examined or subject to other investigation or processing, or any other data, received by, recorded by, prepared by, furnished to, or collected by the Secretary with respect to a return...(6) TAXPAYER IDENTITY The term “taxpayer identity” means the name of a person with respect to whom a return is filed, his mailing address, his taxpayer identifying number (as described in section 6109), or a combination thereof.

7/24/2017

Detailed Explanation

IRS Pub. 1075 Oct 2014

1.4.1 - 1.4.4

1.4.1 - FEDERAL TAX INFORMATION - Safeguarding FTI is critically important to continuously protect taxpayer confidentiality as required by the IRC 6103. FTI may consist of returns or return information and may contain personally identifiable information (PII). FTI is any return or return information received from the IRS or secondary source, such as SSA, Federal Office of Child Support Enforcement or Bureau of Fiscal Service. FTI includes any information created by the recipient that is derived from return or return information. 1.4.2 RETURN AND RETURN INFORMATION - IRC 6103(b)(2)(B) defines a return as any tax or information return, estimated tax declaration, or refund claim (including amendments, supplements, supporting schedules, attachments, or lists) required by or permitted under the IRC and filed with the IRS by, on behalf of, or with respect to any person or entity...Return information, in general, is any information collected or generated by the IRS with regard to any person’s liability or possible liability under the IRC. IRC 6103(b)(2)(A)defines return information as very broad. It includes but is not limited to: Information, including the return, that IRS obtained from any source or developed through any means that relates to the potential liability of any person under the IRC for any tax, penalty, interest, fine, forfeiture, or other imposition or offense. Information extracted from a return, including names of dependents or the location of business. The taxpayer’s name, address, and identification number. Information collected by the IRS about any person’s tax affairs, even if identifiers,such as name, address, and identification number are deleted. Status of whether a return was filed, under examination, or subject to other investigation or processing, including collection activities. Information contained on transcripts of accounts. 1.4.3 PERSONALLY IDENTIFIABLE INFORMATION - FTI may include PII. FTI may include the following PII elements: The name of a person with respect to whom a return is filed, His or her mailing address, His or her taxpayer identification number, Email addresses, Telephone numbers, Social Security Numbers, Bank account numbers, Date and place of birth, Mother’s maiden name, Biometric data (e.g., height, weight, eye color, fingerprints), Any combination of the preceding. 1.4.4 INFORMATION RECEIVED FROM TAXPAYERS OR THIRD PARTIES - FTI does not include information provided directly by the taxpayer or third parties (third parties do not include the secondary sources identified in Section 1.4.4, Federal Tax Information). If the taxpayer or third party subsequently provides returns, return information, or other PII independently, the information is not FTI as long as the IRS source information is replaced with the newly provided information.

7/24/2017

Detailed Explanation

26 U.S.C. § 6103

(d)

TITLE 26 - INTERNAL REVENUE CODE, SUBTITLE F - PROCEDURE AND ADMINISTRATION, CHAPTER 61 - INFORMATION AND RETURNS, SUBCHAPTER B - MISCELLANEOUS PROVISIONS, § 6103 – CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION...(d) Disclosure to State tax officials and State and local law enforcement agencies (1) In general Returns and return information...shall be open to inspection by, or disclosure to, any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for the administration of State tax laws for the purpose of, and only to the extent necessary in, the administration of such laws...However, such return information shall not be disclosed to the extent that the Secretary determines that such disclosure would identify a confidential informant or seriously impair any civil or criminal tax investigation.

7/24/2017

Detailed Explanation

IRS Pub. 1075 Oct 2014

11.1 - 11.3

11.1 - GENERAL DISCLOSURE - General disclosure of FTI is prohibited unless authorized by statute. Agencies having access to FTI are not allowed to make further disclosures of that information to their agents or to a contractor unless authorized by statute. Agencies are encouraged to use specific language in their contractual agreements to avoid ambivalence or ambiguity. For additional guidance on appropriate language to be used in the contract, see Exhibit 6, Contractor 45-Day Notification Procedures.Absent specific language in the IRC or where the IRC is silent in authorizing an agency to make further disclosures, the IRS position is that further disclosures are unauthorized. 11.2 - AUTHORIZED DISCLOSURES PRECAUTIONS - When disclosure is authorized, the agency must take certain precautions prior to engaging a contractor, namely:? Has the IRS been given sufficient prior notice before releasing information to a contractor? Has the agency been given reasonable assurance through an on-site visitation or received a report certifying that all security standards (physical and computer)have been addressed? Does the contract requiring the disclosure of FTI have the appropriate safeguard language? (see Exhibit 6, Contractor 45-Day Notification Procedures)Agencies should fully report to the IRS in their SSRs all disclosures of FTI to contractors. Additional disclosures to contractors should be reported on the annual SSR. Engaging a contractor who may have incidental or inadvertent access to FTI does not come under these requirements. Only those contractors whose work will involve disclosing FTI in performing their duties are required to address these issues. 11.3 DISCLOSING FTI TO CONTRACTORS - The agency must notify the Office of Safeguards and obtain approval prior to redisclosing FTI to contractors

7/24/2017

Detailed Explanation

26 U.S.C. § 6103

(j)(1) - (j)(4)

TITLE 26 - INTERNAL REVENUE CODE, SUBTITLE F - PROCEDURE AND ADMINISTRATION, CHAPTER 61 - INFORMATION AND RETURNS, SUBCHAPTER B - MISCELLANEOUS PROVISIONS, § 6103 – CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION...(j) STATISTICAL USE (1) DEPARTMENT OF COMMERCE Upon request in writing by the Secretary of Commerce, the Secretary shall furnish—(A) such returns, or return information reflected thereon, to officers and employees of the Bureau of the Census, and (B)...to officers and employees of the Bureau of Economic Analysis, as the Secretary may prescribe by regulation for the purpose of, but only to the extent necessary in, the structuring of censuses and national economic accounts and conducting related statistical activities authorized by law. (2) FEDERAL TRADE COMMISSION Upon request in writing by the Chairman of the Federal Trade Commission, the Secretary shall furnish such return information...to officers and employees of the Division of Financial Statistics of the Bureau of Economics of such commission as the Secretary may prescribe by regulation for the purpose of, but only to the extent necessary in, administration by such division of legally authorized economic surveys of corporations. (3) DEPARTMENT OF TREASURY Returns and return information shall be open to inspection by or disclosure to officers and employees of the Department of the Treasury whose official duties require such inspection or disclosure for the purpose of, but only to the extent necessary in, preparing economic or financial forecasts, projections, analyses, and statistical studies and conducting related activities.

7/24/2017

Broad Mention

IRS Pub. 1075 Oct 2014

2.2

2.2 Authorized Use of FTI...Any agency that receives FTI for an authorized use may not use that information in any manner or for any purpose not consistent with that authorized use. If an agency needs FTI for a different authorized use under a different provision of IRC 6103, a separate request under that provision is necessary...The agency must describe the purpose(s) for which FTI is collected, used, maintained, and shared.

7/24/2017

Detailed Explanation

26 U.S.C. § 6103

(d)(1), (e)(7)

7/24/2017

Broad Mention

IRS Pub. 1075 Oct 2014

2.1

§ 2.1 IRC 6103 is a confidentiality statute and generally prohibits the disclosure of FTI (see,Exhibit 1, USC Title 26, IRC 6103, for general rules and definitions). Exceptions to the general rule authorize disclosure of FTI to certain federal, state, and local agencies.Generally, these disclosures are made by the IRS in response to written requests signed by the head of the requesting agency or an authorized delegate.

7/24/2017

Not Addressed

3/9/2016

Detailed Explanation

IRS Pub. 1075 Oct 2014

2.2

7/24/2017

Detailed Explanation

26 U.S.C. § 6103

(d)(1), (p)(1)

TITLE 26 - INTERNAL REVENUE CODE, SUBTITLE F - PROCEDURE AND ADMINISTRATION, CHAPTER 61 - INFORMATION AND RETURNS, SUBCHAPTER B - MISCELLANEOUS PROVISIONS, § 6103 – CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION...(d) DISCLOSURE TO STATE TAX OFFICIALS AND STATE AND LOCAL LAW ENFORCEMENT (1) IN GENERAL...Such inspection shall be permitted, or such disclosure made, only upon written request by the head of such agency, body, or commission, and only to the representatives of such agency, body, or commission designated in such written request as the individuals who are to inspect or to receive the returns or return information on behalf of such agency, body, or commission. Such representatives shall not include any individual who is the chief executive officer of such State or who is neither an employee or legal representative of such agency, body, or commission nor a person described in subsection (n)...(p) PROCEDURE AND RECORD KEEPING (1) MANNER, TIME, AND PLACE OF INSPECTIONS Requests for the inspection or disclosure of a return or return information and such inspection or disclosure shall be made in such manner and at such time and place as shall be prescribed by the Secretary.

7/24/2017

Detailed Explanation

26 U.S.C. § 6103

(b)(5)(B)(iii), (p)(4)

TITLE 26 - INTERNAL REVENUE CODE, SUBTITLE F - PROCEDURE AND ADMINISTRATION, CHAPTER 61 - INFORMATION AND RETURNS, SUBCHAPTER B - MISCELLANEOUS PROVISIONS, § 6103 – CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION...(b) DEFINITIONS For purposes of this section—...(5) STATE...(B) REGIONAL INCOME TAX AGENCIES For purposes of subparagraph (A)(iii)—...(iii) DISCLOSURE TO CONTRACTORS AND OTHER AGENTS Notwithstanding any other provision of this section, no return or return information shall be disclosed to any contractor or other agent of a governmental entity referred to in subparagraph (A)(iii) unless such entity, to the satisfaction of the Secretary— (I) has requirements in effect which require each such contractor or other agent which would have access to returns or return information to provide safeguards (within the meaning of subsection (p)(4)) to protect the confidentiality of such returns or return information, (II) agrees to conduct an onsite review every 3 years (or a midpoint review in the case of contracts or agreements of less than 3 years in duration) of each contractor or other agent to determine compliance with such requirements, (III) submits the findings of the most recent review conducted under subclause (II) to the Secretary as part of the report required by subsection (p)(4)(E), and (IV) certifies to the Secretary for the most recent annual period that such contractor or other agent is in compliance with all such requirements. The certification required by subclause (IV) shall include the name and address of each contractor and other agent, a description of the contract or agreement with such contractor or other agent, and the duration of such contract or agreement...(p) PROCEDURE AND RECORD KEEPING...(4) SAFEGUARDS Any Federal agency described in subsection..., the Government Accountability Office, the Congressional Budget Office, or any agency, body, or commission described in subsection..., any appropriate State officer (as defined in section 6104(c)), or any other person described in subsection..., or any entity described in subsection (l)(21), shall, as a condition for receiving returns or return information—(A) establish and maintain, to the satisfaction of the Secretary, a permanent system of standardized records with respect to any request, the reason for such request, and the date of such request made by or of it and any disclosure of return or return information made by or to it; (B) establish and maintain, to the satisfaction of the Secretary, a secure area or place in which such returns or return information shall be stored; (C) restrict, to the satisfaction of the Secretary, access to the returns or return information only to persons whose duties or responsibilities require access and to whom disclosure may be made under the provisions of this title; (D) provide such other safeguards which the Secretary determines (and which he prescribes in regulations) to be necessary or appropriate to protect the confidentiality of the returns or return information; (E) furnish a report to the Secretary, at such time and containing such information as the Secretary may prescribe, which describes the procedures established and utilized by such agency, body, or commission, the Government Accountability Office, or the Congressional Budget Office for ensuring the confidentiality of returns and return information required by this paragraph; and (F) upon completion of use of such returns or return information— (i) in the case of an agency, body, or commission described in subsection..., any appropriate State officer (as defined in section 6104(c)), or any other person described in subsection...return to the Secretary such returns or return information (along with any copies made therefrom) or make such returns or return information undisclosable in any manner and furnish a written report to the Secretary describing such manner...

7/24/2017

Broad Mention

26 U.S.C. § 6103

(p)(2)(A)-(B)

TITLE 26 - INTERNAL REVENUE CODE, SUBTITLE F - PROCEDURE AND ADMINISTRATION, CHAPTER 61 - INFORMATION AND RETURNS, SUBCHAPTER B - MISCELLANEOUS PROVISIONS, § 6103 – CONFIDENTIALITY AND DISCLOSURE OF RETURNS AND RETURN INFORMATION...(p) PROCEDURE AND RECORD KEEPING...(2) PROCEDURE (A) REPRODUCTION OF RETURNS A reproduction or certified reproduction of a return shall, upon written request, be furnished to any person to whom disclosure or inspection of such return is authorized under this section. A reasonable fee may be prescribed for furnishing such reproduction or certified reproduction. (B) DISCLOSURE OF RETURN INFORMATION... A reasonable fee may be prescribed for furnishing such return information.

7/24/2017

Not Addressed

3/9/2016