[Federal Register Volume 64, Number 195 (Friday, October 8, 1999)]
[Notices]
[Pages 54960-54961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-26228]


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DEPARTMENT OF THE TREASURY


Solicitation for Comment in Connection With a Study Being 
Conducted by the Department of the Treasury Relating to the Scope and 
Use of Provisions Regarding Taxpayer Confidentiality

AGENCY: Department of the Treasury.

ACTION: Solicitation for comment.

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SUMMARY: This is a solicitation for public comment in connection with a 
study being conducted by the Department of the Treasury relating to the 
scope and use of provisions regarding taxpayer confidentiality. This 
study is required by section 3802 of the Internal Revenue Service 
Restructuring and Reform Act of 1998 (Public Law 105-206, 112 Stat. 
782).

DATES: Written comments must be submitted by November 15, 1999.

ADDRESSES: Send comments to: Elizabeth P. Askey, Office of Tax 
Legislative Counsel, Department of the Treasury, 1500 Pennsylvania 
Avenue, NW, Room 1321A, Washington, DC 20220. Comments may also be 
submitted to: http://[email protected]--the subject line 
should contain the phrase ``Confidentiality Study.'' All comments will 
be available for public inspection and copying.

FOR FURTHER INFORMATION CONTACT: Elizabeth Askey at 202-622-0224 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    Section 6103 of the Internal Revenue Code (Code) prohibits the 
disclosure of tax returns or returns information except as otherwise 
authorized by the Code. Permitted disclosures include:
    (1) Disclosures to a taxpayer or the taxpayer's designee pursuant 
to the taxpayer's consent;
    (2) Disclosures for purposes of tax administration (including state 
tax administration);
    (3) Disclosures to federal state, or local governmental agencies 
for nontax purposes such as child support enforcement and verifying 
taxpayers' eligibility for certain designated needs based programs, 
including food stamps, and certain Social Security benefits; and (4) 
Disclosures for nontax law enforcement purposes. Permitted disclosures 
generally are subject to strict procedural safeguards. Unauthorized 
disclosure or inspection of returns and return information may result 
in civil damages against the United States and/or criminal penalties 
against individuals who unlawfully disclose or inspect tax information.
    Section 6104 makes available to the public certain tax information 
related to tax-exempt organizations and certain other entities. In the 
case of any tax exempt organization, section 6104 generally provides 
that the organization's application for tax exemption and supporting 
documents, IRS determination letter, and annual information returns 
filed under section 6033 are available for public inspection at certain 
IRS offices and at the organization's principal office (and certain 
regional and district offices). In addition, copies of such documents 
are generally available upon request made to the organization or the 
IRS. Section 6104 also authorizes the Secretary to disclose to certain 
state officials charged with overseeing charitable organizations 
described in section 501(c)(3) information relating to any 
organization's failure to qualify for, or subsequent loss of, section 
501(c)(3) status, or the mailing of certain notices of tax deficiency.
    Section 3802 of the IRS Restructuring and Reform Act of 1998 
requires the Secretary of the Treasury to study the scope and use of 
provisions regarding taxpayer confidentiality Specifically, the study 
is to examine:
    1. The present protections for taxpayer privacy,
    2. Any need for third parties to use tax reform information,
    3. Whether greater levels of voluntary compliance may be achieved 
by allowing the public to know who is legally required to file tax 
returns, but does not file tax returns,
    4. The interrelationship of the taxpayer confidentiality provisions 
in the Internal Revenue Code of 1986 with provisions in other Federal 
law, including 5 U.S.C. 552a (commonly known as the Freedom of 
Information Act),
    5. The impact on taxpayer privacy of the sharing of incoming tax 
return information for purposes of enforcement of state and local tax 
laws other than income tax laws, including the impact on the taxpayer 
privacy intended to be protected at the Federal, state, and local 
levels under Public Law 105-35, the Taxpayer Browsing Protection Act of 
1997, and,
    6. Whether the public interest would be served by greater 
disclosure of information relating to tax-exempt organizations 
described in section 501 of the Internal Revenue Code of 1986.

Request for Public Comment

    The Department of the Treasury invites comments relative to the six 
topics described. In particular, the Department of the Treasury invites 
comments with respect to the following:
    1. How is the privacy protection provided by section 6103 
beneficial to taxpayers?
    2. How is the section 6103 statutory scheme burdensome for 
taxpayers? Does section 6103 affect the IRS's ability to deliver 
quality customer service and, if so, in what ways?
    3. Is the statutory structure and/or administration of section 6103 
consistent, simple, administrable, and fair? What changes, if any, 
should be made to the content and/or administration of section 6103?
    4. What is the relationship between taxpayer confidentiality as 
provided by

[[Page 54961]]

section 6103 and compliance with the internal revenue laws? What 
effect, if any, might publishing the names of nonfilers have on 
compliance with the internal revenue laws? What effect, if any, might 
broadening the scope of permissible disclosures have on compliance with 
the internal revenue laws?
    5. What impact has technology had on the protection of taxpayer 
privacy and what, if any, additional safeguards may be necessary as a 
result? As the IRS moves toward electronic filing and maintenance of 
tax records, what, if any, changes should be made to the 
confidentiality rules under section 6103?
    6. What impact have taxpayer privacy protections had on the ability 
of federal, state, and local agencies to receive information critical 
to their operation, particularly information not easily obtainable from 
other sources?
    7. Should tax information be used for nontax purposes? If so, what 
factors should influence whether agencies and others should be 
permitted direct access under section 6103 to taxpayer information for 
nontax purposes? What factors should influence whether agencies and 
others should be allowed to obtain such information by consent from the 
taxpayer, for example, as a condition to approval of mortgages or other 
loans, or for obtaining government benefits? Should there be any 
conditions or restrictions on the recipient's use of tax information 
obtained by consent?
    8. What factors should influence whether federal, state, or local 
agencies that receive tax information to carry out particular programs, 
and who use private contractors for data processing and other services, 
should be permitted to disclose tax information to those contractors 
for the purpose of performing those programs?
    9. What changes, if any, should be made to either the safeguard 
program or the consent process?
    10. What, if any, additional restrictions should be placed on the 
ability of those who receive tax information to redisclose the 
information to other parties? What means should be used to implement 
any such redisclosure protections?
    11. How can taxpayer privacy concerns and a desire for more 
information-sharing within government be balanced?
    12. Would the public interest be served by allowing greater sharing 
of information between the IRS and other federal and state agencies for 
joint investigations relating to the enforcement of federal and state 
laws affecting tax-exempt organizations? What restrictions, if any, 
should be imposed on use of the information by those agencies?
    13. Do the public inspection provisions of section 6104 and section 
6110 provide adequate disclosure of IRS determinations affecting tax-
exempt organizations? If not, what additional information should be 
made available?
    14. Is the information currently reported by tax-exempt 
organizations to the IRS adequate to ensure effective oversight? If 
not, what additional information should be reported? Should there be 
more detailed disclosure regarding transactions between tax-exempt 
organizations and their subsidiaries or other affiliates?
Joseph Mikrut,
Tax Legislative Counsel.
[FR Doc. 99-26228 Filed 10-7-99; 8:45 am]
BILLING CODE 4810-25-M