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Can The IRS Be Trusted With Your Data?

A scathing report calls into question the agency’s ability to protect the sensitive information it collects. Can The IRS Be Trusted With Your Data?

Like many Americans, I tend to feel generous this time of year — not only because it’s the season for giving, but also for the tax implications. This year, however, my usual concerns about how many deductions I can claim on next year’s return have given way to worries about privacy.

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In fiscal 2021, the Internal Revenue Service processed 269 million tax forms, each one rich with information that scammers and thieves would love to have. A scathing new report from the U.S. Treasury Department’s Inspector General for Tax Administration calls into question the ability of the IRS to protect this mass of data.

Ever since 1996, when what was then known as the General Accounting Office issued a stinging report about vulnerabilities in IRS computers, critics have questioned how well the agency protects all the data it collects.

In 2002, Congress adopted the Federal Information Security Modernization Act, or FISMA, which set forth standards all federal agencies were required to meet. How’s the IRS been doing with that? Here’s the IG report:

Until the IRS takes steps to improve its security program deficiencies and fully implement all security program components in compliance with FISMA requirements, taxpayer data could be vulnerable to inappropriate and undetected use, modification, or disclosure.

Can The IRS Be Trusted With Your Data?

The wordsmith in me can’t leave unremarked upon the drafters’ clumsy effort to soften the harshness of this judgment. To be “vulnerable” is to be susceptible to harm; a vulnerable person is one who might easily suffer something bad. (Think, the unvaccinated.) Thus the phrase “could be vulnerable” is what my older brother used to call a double impositive. The taxpayer data either are vulnerable or not.

They are. Enormously.

Consider the Income Verification Express Service, known as IVES, which allows lenders to use IRS data to check income claims. Few of the companies that use the service have complied with security mandates. And the IRS itself has scarcely done better:

“We identified 8,754 tax transcripts that the IVES Program improperly issued for 4,726 taxpayers during Processing Year 2019” — all because either the software of the clerks didn’t take proper note that the file in question had been flagged for identity theft.

The report is full of similarly alarming nuggets, from improperly sanitized laptops and smartphones to insecure physical door locks, from inactive accounts with administrative access that nobody’s disabled to inaccurate equipment inventory in the department’s crime lab.

And there are bigger issues. For instance, the legacy systems have persistent vulnerabilities: “Configuration management compliance for Windows and Linux servers is not effective,” the report states flatly. It’s hardly reassuring that the explanation that follows, which occupies a good two pages, has been almost entirely redacted.

Oh, and just in case you’re wondering: “Vulnerabilities open past remediation time frames are not effectively documented and tracked.” In other words, the agency itself isn’t sure which vulnerabilities have been patched — or even which ones exist.

Remember the leak of confidential taxpayer information to ProPublica earlier this year? Whatever one’s politics, it’s easy to see it as a reason to worry, given that the IRS evidently either:

(1) has no way to track down who handled the data in question, or
(2) allows access to private data to so many people that it’s impossible to tell who downloaded it. (And if it was an outside hack, well, that’s more worrisome still.)

But it’s not surprising. An August report from the Senate Committee on Homeland Security found cyberprotections throughout the federal government to be … well, the only word that comes to mind is atrocious.

For example, the Department of Transportation was unable to locate 7,231 mobile devices and — get ready for it — 4,824 servers.

Tests at the State Department “revealed 450 critical-risk and 736 high-risk outstanding vulnerabilities” and found thousands of active email accounts for former employees, including on the department’s classified networks.

At the Department of Education, investigators “successfully transmitted to an external email address a test file containing 200 credit card numbers in a format that should have been blocked according to the Department’s policy.”

By exploiting the same flaw, a real document containing thousands or tens of thousands of credit card numbers could have been stolen.

Seven of the eight departments surveyed were equally abysmal at cybersecurity.

If the federal government were a private corporation, trial lawyers would be having a field day. The fact that its agencies are protected by the principle of sovereign immunity is producing exactly the moral hazard problems scholars have long noted.

The issue is government-wide, so it is unfair to single out the IRS and its 81,000 employees. (My own admittedly rare interactions have been excellent.) And the unfortunate bipartisan erosion of the IRS budget over the past decade can hardly have helped it comply with security mandates.

Nor did the IG give the agency a failing grade at everything; some of departments seem to be securing data better than others. Moreover, there is some solace in the fact that the 2020 SolarWinds attack on multiple federal agencies apparently failed to gain access to data on individual taxpayers.

Having said that, it is fair to ask whether there might be a point to the widespread skepticism about such new IRS requirements as the one calling for banks to share ever more information about ever-smaller accounts. Maybe a government hungry for more private data should first meet its own standards for security.

Updated: 1-10-2022

Tax Season Opens Jan. 24. Treasury Says Be Ready For Frustration

* IRS Faces Backlog Of Returns, Has Difficulty Answering Calls
* Deadline For Filing Tax Returns Is April 18 For Most Taxpayers

When the U.S. tax filing season begins in two weeks, taxpayers should be prepared for delays as returns and refunds are processed, and for difficulties in reaching the IRS, Treasury officials warned on Monday.

Taxpayers and return preparers should gird for a challenging and frustrating tax season as many of the processing delays and customer-service shortages that have plagued the Internal Revenue Service for years will persist this year, Treasury officials told reporters.

The officials said funding cuts and staffing shortages due to the ongoing health crisis are causing the problems.

“The pandemic continues to create challenges, but the IRS reminds people there are important steps they can take to help ensure their tax return and refund don’t face processing delays,” IRS Commissioner Chuck Rettig said in a statement Monday.

“Filing electronically with direct deposit and avoiding a paper tax return is more important than ever this year.”

Returns can be filed as early as Jan. 24, with the tax filing deadline set at April 18 for most taxpayers because of a District of Columbia holiday on Friday April 15, an official said. Taxpayers in Maine and Massachusetts have until April 19 to file and pay their liabilities thanks to the Patriots’ Day holiday in those states.

The filing season begins as the IRS is still grappling with several large administrative challenges that have been exacerbated by the pandemic, along with additional requirements — such as the processing of stimulus payments and advance child tax credits.

Phone Troubles

IRS representatives were only able to answer about 10% of phone calls to the agency last filing season, and, as of mid-November 2021, the agency still had a backlog of roughly 8.6 million returns to process.

The IRS would typically start the filing season with a backlog of fewer than 1 million returns, an official said.

The IRS says it generally processes refunds within about three weeks of a tax return’s submission. The agency recommends filing electronically and requesting for the refund via direct deposit — rather than a mailed check — for a faster turnaround.

By law, the IRS must hold refunds until at least mid-February for taxpayers claiming the earned-income tax credit or the additional child tax credit that Congress enacted last year — so that the agency can conduct additional fraud checks.

Taxpayers who did not receive some or all of their $1,400 stimulus payment from the March 2021 pandemic relief law can also claim that on their tax return this year.

The average tax refund in 2021 was $2,815, according to IRS data. Some taxpayers could find that their tax refund is smaller this year compared with previous years.

Democrats in the March 2021 American Rescue Act expanded the child tax credit for low-and-middle income households and sent half of the up to $3,600 payment in monthly installments.

Those went out from July through December, essentially distributing a portion of the refund up front.

That shift to monthly payments — rather than the usual lump-sum distribution in the spring — was designed to help lower- and middle-income families better meet their regular living costs, especially amid the enduring pandemic.

But the new method means some people won’t get the size of refunds that they’d otherwise expect — and could even have to pay the IRS back if their incomes end up being too high.

The expanded child tax credit expired in December. Negotiations to extend the monthly payments are stalled in the Senate as Democrats are deadlocked over how to advance President Joe Biden’s economic agenda.

Without congressional action, families will no longer receive monthly payments and will instead be able to claim a tax credit worth up to $2,000 in spring of 2023 on their tax forms.

The Treasury officials said that it is critical for Congress to pass the Democrats’ social-spending bill, which includes $80 billion for the IRS to bolster the agency’s enforcement efforts and its service operations.

Updated: 1-11-2022

A Historically Underfunded IRS Is Preparing For A Rough Tax Season And Only Has 1 Person For Every 16,000 Calls It Gets

* Treasury Officials Are Warning That The Irs Faces A Very Difficult Tax Season This Year.

* It Could Spell Delays For Tax Refunds, Particularly For People Using Paper Forms.

* A Top Senate Democrat Told Insider He’s Not Ruling Out Pushing For An Extension.

Americans who are eager to get their tax refunds may find themselves at the mercy of a severely bogged-down IRS this filing season.

Treasury officials are warning that it’ll be a difficult process for the under-resourced agency because of historical underfunding. The IRS was already dealing with systemic challenges pre-pandemic, but new demands have worsened them.

That could delay the agency’s ability to get refund checks to Americans, or support taxpayers navigating the filing process.

Many Americans rely on those refund checks as a financial lifeline — and delays could imperil their ability to pay bills.

The IRS has been tasked with distributing several rounds of economic relief throughout the pandemic, including monthly child tax credit checks on top of direct payments last year. The agency is also experiencing backlogs due to the pandemic.

For instance, during the first six months of 2021, the agency had under 15,000 people to manage the over 240 million calls it got. That amounts to one person for every 16,000 calls the IRS received. And IRS workers — whose staffing levels are the same as in 1970 — are using technology for processing returns that goes back to the 1960’s.

At least one top Senate Democrat isn’t ruling out pushing for Americans to get extra time to file their taxes this year.

“I’m going to look at all of the ideas,” Sen. Ron Wyden of Oregon, the Democrat in charge of the powerful tax-writing Senate Finance Committee, told Insider, adding he’d long been against the drastic cuts to the IRS budget that contributed to the dire situation the agency faces.

Tax refunds can serve as an important financial lifeline for many Americans. A 2019 study from the JP Morgan Chase Institute found that refunds amount to nearly six weeks of take home income for the average family getting a refund.

For nearly half of families who get refunds, those refunds are actually greater than the balances they have in their cash accounts. In the week after those families get refunds, their spending on things like cash withdrawals and bill payments can more than triple.

The IRS’s budget has fallen by over 20% in the last decade, according to the Tax Policy Center, while audits fell by 42% from 2010 to 2017. The reduced workforce could also mean that the IRS won’t necessarily be able to fully crack down on tax evaders.

The number of agents devoted to working on sophisticated tax evasion enforcement has fallen by 35% over the last decade, according to Treasury. A study from IRS researchers and academics found that the top 1% of Americans fail to report about a quarter of their income to the IRS.

The Biden administration has been funneling support towards the embattled agency, with the American Rescue Plan providing almost $2 billion in additional funding for the IRS.

The Build Back Better Act would contain an $80 billion investment in the IRS over the next 10 years; that could bring in an additional $700 billion in revenue through more efficient tax enforcement. For now, though, that legislation is stalled.

Updated: 2-18-2022

What To Know Now About Tax Filing And Refunds

Taxpayers will have to grapple with new rules for stimulus payments and child tax credits.

Get ready for a wild tax season.

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Service Reduces IRS Phone Hold Time From Hours To Minutes

Every year more than 200 million Americans sign and send income-tax returns to the Internal Revenue Service. But the 2022 filing season will be like no other: Millions of taxpayers still haven’t had returns they filed in 2021 processed, while tens of millions of this year’s filers will have to grapple with reporting requirements for stimulus payments or expanded child tax credits.

In a historic move, Congress had the IRS prepay a portion of the expanded credits in monthly installments during 2021. While this change put cash in the pockets of many families, it will shrink refunds many filers are anticipating, as well.

These unique challenges will complicate a process that is already profoundly confusing to millions who have to comply with it—for good reason. Now over 100 years old, the tax code is encrusted with layers of interacting provisions that shift slightly when some parts of it but not others are adjusted for inflation annually.

Congress also frequently changes both tax rates and specific provisions. For example, the tax credit for an 8-year-old child was $1,000 for 2017, $2,000 for 2018-20, and $3,000 for 2021. It will drop to $2,000 for 2022 and $1,000 after 2025, unless lawmakers act again.

To help, The Wall Street Journal has prepared the fifth edition of the WSJ Tax Guide, which subscribers can download free by following this link. Published annually since 2018, the Guide by WSJ tax reporters Laura Saunders and Richard Rubin provides an overview of key income-tax provisions for individuals and tracks relevant changes for each year. It also includes a look ahead to changes Congress is considering.

In addition, the Guide covers perennial issues such as income-tax rates and brackets, tax issues for homeowners and state- and local-tax deductions. It also has special sections for first-time filers as well as widows and widowers.

The U.S. income tax now affects nearly every facet and phase of Americans’ lives, it seems: working and investing; having children and saving for college and retirement; paying for medical care; buying and selling homes; estate planning. With the WSJ Tax Guide, readers can learn about the provisions that matter to them.


Updated: 6-5-2022

IRS Taxed $1.9T American Rescue Plan And Collects $2.6T From Taxpayers Netting $0.7 Billion For Treasury???
Can The IRS Be Trusted With Your Data?

“We may have just taxed the borrowing the federal government did,” said former CBO director Douglas Holtz-Eakin, now president of the conservative American Action Forum.

The surge has been particularly notable in taxes outside paycheck withholding, a signal that capital gains and business income are driving the trend.

CBO officials identified several factors for further study. They said, a greater-than-usual share of capital gains were short-term gains taxed at rates up to 40.8% instead of 23.8%.

It is individual income taxes—more so than corporate or payroll taxes—that are most notable in accounting for the $2.6T in record tax collections.

Individual Income Tax Payments On Pace To Reach Record Level

Business owners and investors are paying more, but CBO officials can’t fully explain why tax revenues are hitting high as a share of the economy.

An unprecedented gush of income tax revenue is flowing into the federal government, driven in part by investors and business owners, and the size and speed of the increase has surprised even the nation’s fiscal-policy experts.

Individual income tax collections are poised to reach $2.6 trillion, or 10.6% of the economy in the fiscal year that ends Sept. 30, according to the Congressional Budget Office. That is up from 9.1% in 2021 and would mark a record in the 109-year history of the tax, topping the war-tax receipts of 1944 and the dot-com boom of 2000.

The Penn Wharton Budget Model estimates collections of non-withheld taxes reached an inflation-adjusted $522 billion in April 2022, compared with just over $300 billion in 2018 and 2019, before the pandemic.

While that is part of the explanation, CBO officials and other economists who monitor tax collections say tax revenue became disconnected from other economic data in ways they still don’t fully understand.

“There’s a part that is unexplained that we need more time to figure out,” CBO director Phillip Swagel said. “It’s a mystery. It’s a maybe happy mystery, to have strong revenues.”

Can The IRS Be Trusted With Your Data?

Perhaps income grew faster than expected for those in the highest tax brackets compared with others, which means more income than forecast would be taxed at higher rates.

The administration is waiting for more granular data to come in as it analyzes what is happening, said Lily Batchelder, assistant Treasury secretary for tax policy.

Individual income taxes include those levied on wages, capital gains from investments and business profits reported on owners’ personal tax returns.

Normally, income tax collections echo the broader economy, so money coming into the government alongside tax returns reflects what happened during 2021.

Last year was unusual, with historically high inflation, a booming stock market fueling a booming housing market and trillions in government aid sloshing through the economy.

And that may have yielded weird one-time changes in tax collections as people sold investments and used government aid.

Inflation may have pushed up nominal income before tax-bracket indexing is able to catch up.

This recovery’s speed and idiosyncrasies might not fit well within models for measuring the economy and projecting revenue.

“Maybe this is another data point that suggests that when accommodative monetary policy and fiscal stimulus are really, really aggressive, it has a larger effect than we originally thought,” said Kyle Pomerleau, senior fellow at the conservative-leaning American Enterprise Institute.

There are other possible explanations, one from a law that Congress passed and one from a law it didn’t.

The $1.9 trillion American Rescue Plan, enacted in March 2021, pumped money into the economy. Much of that wasn’t taxed directly, including $1,400 per-person stimulus payments, aid to state governments and expanded child tax credits.

But as consumers spent that money on goods and services and states spent that money on workers and the pandemic response, the law created taxable income that otherwise wouldn’t have existed, and that showed up on 2021 tax returns. That came atop pandemic-era legislation in 2020 that aided households and businesses.

The March 2021 law—blamed by some economists for exacerbating inflation—might be yielding revenue, but that doesn’t make it a good policy choice, he said.

What Congress didn’t do may have mattered, too. Some high-income people might have accelerated income into 2021 because they feared that Congress was likely to raise taxes soon.

President Biden and Democrats proposed significant tax increases on high-income households throughout 2021, all of which would have raised top tax rates on capital gains and ordinary income.

The legislation known as “Build Back Better” that passed the House in November would have taken effect in January 2022, had it passed the Senate. It would have imposed a 5% surtax on adjusted gross income above $10 million and an additional 3% on adjusted gross income above $25 million.

That bill is stalled, but its prospects last fall might have caused some investors to move. Shifting income ahead of a tax-rate change would repeat a familiar pattern seen during prior tax increases. Often, that happens through sales of stock that otherwise would have gone unsold. Business owners can sometimes adjust the timing of income and deductions to concentrate income in years with lower tax rates.

John Ricco, associate director of policy analysis at the Penn-Wharton Budget Model, said if capital gains are responsible for a large portion of the projected jump in individual tax receipts in 2022, that could serve as a drag on future federal revenue.

“This year probably represents a shift forward of revenues that might have happened in future years,” he said. “So this probably doesn’t portend some long-run, rosier fiscal picture.”

The CBO forecast projects individual income tax revenue to drop to 9.8% of gross domestic product in fiscal 2023 and 9.3% in 2024. The long-run picture is murkier because large pieces of the 2017 tax cuts are set to expire after 2025 but Congress may extend some or all of them.

Beyond taxpayer behavior, the economy may be experiencing faster growth than estimates of GDP, said Neil Mehrotra, deputy assistant secretary for macroeconomics at the Treasury Department.

GDP—which analyzes expenditures by households, governments and businesses on goods and services—showed the economy shrank by an inflation-adjusted 1.5% annual rate in the first quarter.

But gross domestic income, another way to measure economic activity that analyzes factors such as wages and profits, showed 2.1% growth. The Commerce Department produces both figures.

The income measure has outpaced the spending measure since the brief recession ended in the spring of 2020.

“To the extent that the economy is even stronger than we thought, then perhaps the size of the tax revenues that are coming in is less anomalous,” Mr. Mehrotra said.

 

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Canadian Bitcoin Educator Scams The Scammer And Donates Proceeds (#GotBitcoin?)

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Man Takes Bitcoin Miner Seller To Tribunal Over Electricity Bill And Wins (#GotBitcoin?)

Bitcoin’s Computing Power Sets Record As Over 100K New Miners Go Online (#GotBitcoin?)

Walmart Coin And Libra Perform Major Public Relations For Bitcoin (#GotBitcoin?)

Judge Says Buying Bitcoin Via Credit Card Not Necessarily A Cash Advance (#GotBitcoin?)

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Crypto Exchange BitMEX Under Investigation By CFTC: Bloomberg (#GotBitcoin?)

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Cryptocurrency Startups Get Partial Green Light From Washington

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US Sanctions On Iran Crypto Mining — Inevitable Or Impossible? (#GotBitcoin?)

US Lawmaker Reintroduces ‘Safe Harbor’ Crypto Tax Bill In Congress (#GotBitcoin?)

EU Central Bank Won’t Add Bitcoin To Reserves — Says It’s Not A Currency (#GotBitcoin?)

The Miami Dolphins Now Accept Bitcoin And Litecoin Crypt-Currency Payments (#GotBitcoin?)

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Bitcoin Back Near $12K As BTC Shorters Lose $44 Million In One Morning (#GotBitcoin?)

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‘I Would Buy’ Bitcoin If Growth Continues — Investment Legend Mobius (#GotBitcoin?)

Lawmakers Push For New Bitcoin Rules (#GotBitcoin?)

Facebook’s Libra Is Bad For African Americans (#GotBitcoin?)

Crypto Firm Charity Announces Alliance To Support Feminine Health (#GotBitcoin?)

Canadian Startup Wants To Upgrade Millions Of ATMs To Sell Bitcoin (#GotBitcoin?)

Trump Says US ‘Should Match’ China’s Money Printing Game (#GotBitcoin?)

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Bitcoin Rally Fuels Market In Crypto Derivatives (#GotBitcoin?)

World’s First Zero-Fiat ‘Bitcoin Bond’ Now Available On Bloomberg Terminal (#GotBitcoin?)

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Another Crypto Exchange Receives License For Crypto Futures

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Bitcoin Exchange Hits $1 Trillion In Trading Volume (#GotBitcoin?)

Bitcoin Breaks $200 Billion Market Cap For The First Time In 17 Months (#GotBitcoin?)

You Can Now Make State Tax Payments In Bitcoin (#GotBitcoin?)

Religious Organizations Make Ideal Places To Mine Bitcoin (#GotBitcoin?)

Goldman Sacs And JP Morgan Chase Finally Concede To Crypto-Currencies (#GotBitcoin?)

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