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Procedures for obtaining return copies and information.

Rev. Proc. 2003-74 revoked Rev. Procs. 66-3, 84-71, 85-56, 87-21, 94-52 and 97-11, which described IRS procedures for providing copies of returns and return information under Sees. 6103 and 6104. The current procedures for obtaining return copies and information are found in Statement of Procedural Rules (26 CFR Part 601) Section 601.702(d)(1), (3), (4) and (5), and on the specific forms prescribed for requesting such copies and information. The information contained in the above rules is briefly summarized below.

Inspection of Returns/ Attachments/Transcripts

Internal Revenue laws and regulations govern the inspection of returns and attachments. Written requests for a copy of a return and attachments or a return transcript are made on Form 4506, Request for Copy or Transcript of Tax Form. The IRS may charge a fee, which is currently $23 for each copy of a return requested for a specific tax period. There is no charge to request a return transcript for a Form 1040 currently on file or for the three prior calendar years. In addition, Form 4506 can be used to verify nonfiling status and Form W-2 information, at no charge.

Public Inspection of Certain Documents

Disclosure documents: Under Secs. 6033 and 6034 and subject to Sec. 6104 disclosure rules, information furnished on any Form 990 series (exempt organizations) or Form 1041-A, U.S. Information Return, Trust Accumulation of Charitable Amounts, returns, shall be made available for public inspection and copying, on written request. Information furnished by organizations exempt from tax under Sec. 527 on Forms 8871, Political Organization Notice of Section 527 Status, and 8872, Political Organization Report of Contributions and Expenditures, are available for public inspection and copying from the IRS website, at www.irs.gov. The relevant information for a particular political organization can be searched and viewed at www.irs.gov/polorgs. Forms 8871 and 8872 can also be made available for public inspection and copying, on written request. Under Secs. 6104 and 6012(a)(6), information furnished by organizations exempt from tax under Sec. 527 on Form 1120-POL, U.S. Income Tax Return for Certified Political Organizations, must be made available for public inspection and copying, on written request. Form 4506-A, Request for Public Inspection or Copy of Exempt or Political Organization IRS Form, is used to make a written request to inspect or obtain copies of any of the information described above, and sent to the appropriate address listed on that form.

Exempt-status applications and determinations: Subject to Sec. 6104 disclosure rules, applications, including Forms 1023, Application for Recognition of Exemption Under Section 501(c) of the Internal Revenue Code, and 1024, Application for Recognition of Exemption Under Section 501(a) for Determination Under Section 120 of the Internal Revenue Code, and certain papers submitted in support of such applications, filed by organizations described in Sec. 501(c) or (d) and determined to he exempt from taxation under Sec. 501 (a), and any letter or other document issued by the IRS as to such applications, must be made available for public inspection and copying, on written request. Form 4506-A is used to make a written request to inspect or obtain copies of this information; it should be sent to the appropriate address listed on that form.

Employer and employee plans: Subject to Sec. 6104 disclosure rules, forms, applications and papers submitted in support of such applications, as to the qualification of a pension, profit-sharing, or stock bonus plan under Sec. 401 (a), 403(a) or 405(a), a Sec. 408(a) IRA, a Sec. 408(b) individual retirement annuity or with respect to the exemption from tax of an organization forming part of such a plan or account, and any document issued by the IRS dealing with such qualification or exemption, must be open to public inspection and copying, on written request. This provision does not apply to plans with no more than 25 plan participants .Written requests to inspect or obtain copies of such material should be directed to: IRS Customer Service--Tax Exempt & Government Entities Division (TEGE), PO Box 2508, Room 2023, Cincinnati, OH 45201.

Information furnished under Sec. 6058 on the Form 5500 series of returns (for retirement plans), must be made available for public inspection and copying, on written request. Except for requests for Form 5500-EZ, Annual Return of One-Participant (Owners and Their Spouses) Retirement Plans, written requests to inspect or to obtain a copy of this information should be sent to: Department of Labor, Public Disclosure, Room N-5638, 200 Constitution Avenue, NW, Washington, DC 20210. Written requests to inspect or to obtain a copy of Form 5500-EZ should be sent to Internal Revenue Service Center, PO Box 9941, Stop 6716, Ogden, UT 84409.

FROM FRANK TAYLOR, CPA, MANAGER, SS&G FINANCIAL SERVICES, SOLON, OH
COPYRIGHT 2004 American Institute of CPA's
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Title Annotation:tax procedures
Author:Taylor, Frank
Publication:The Tax Adviser
Date:Apr 1, 2004
Words:792
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