Freedom of Information Act

Records can be accessed through the Freedom of Information Act (FOIA). This includes all government agencies, such as the IRS.

If you’re trying to figure out when and how your issues started, your IRS records may be very helpful. It’ll have the taxes that were assessed and penalties and interest that has accumulated. Notes of IRS agents, documents, opinions, and computations may also be included. These can be helpful when contesting a tax bill or an audit.

The records has to be asked for in writing and must have these elements:

  • Pinpoint the exact records you are requesting.
  • Attach a copy of any identification, as well as give your name and address.
  • Indicate that your request is made under the Freedom of Information Act.
  • Mention that you’ll pay for the fees.

You may want to include the maximum fee that you’re willing to pay for the records, the document format you want, and your number in case they need to call you.

Send the request to the IRS Disclosure Office that is in charge of your records, a roster of which can be obtained from the IRS FOIA webpage. A copy of your request should be kept in your records.

The records must be requested early if you have a deadline to meet, as it takes about 30 days for the IRS to reply. Showing that the information are needed for a “compelling need” (found on the IRS FOIA website) can speed up the process.

The IRS may take out documents that you’re not entitled to, as provided by nine exemptions and 3 exclusions of the FOIA statute. An appeal to the FOIA Appeals Office is doable, but they’re usually behind on their cases, so it might take a while.

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