26 USC 6103 - Confidentiality and disclosure of returns and return information

U.S Code last checked for updates: Nov 22, 2024

§ 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—

(1)

no officer or employee of the United States,

(2)

no officer or employee of any State, any local law enforcement agency receiving information under subsection (i)(1)(C) or (7)(A), any local child support enforcement agency, or any local agency administering a program listed in subsection (l)(7)(D) who has or had access to returns or return information under this section or section 6104(c), and

(3)

no other person (or officer or employee thereof) who has or had access to returns or return information under subsection (c), subsection (e)(1)(D)(iii), paragraph (10), (13), (14), or (15) of subsection (k), paragraph (6), (10), (12), (13) (other than subparagraphs (D)(v) and (D)(vi) thereof), (16), (19), (20), or (21) of subsection (l), paragraph (2) or (4)(B) of subsection (m), or subsection (n),

shall disclose any return or return information obtained by him in any manner in connection with his service as such an officer or an employee or otherwise or under the provisions of this section. For purposes of this subsection, the term “officer or employee” includes a former officer or employee.

(b)

Definitions

For purposes of this section—

(1)

Return

(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, overassessments, 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 or with respect to the determination of the existence, or possible existence, of liability (or the amount thereof) of any person under this title for any tax, penalty, interest, fine, forfeiture, or other imposition, or offense,

(B)

any part of any written determination or any background file document relating to such written determination (as such terms are defined in section 6110(b)) which is not open to public inspection under section 6110,

(C)

any advance pricing agreement entered into by a taxpayer and the Secretary and any background information related to such agreement or any application for an advance pricing agreement, and

(D)

any agreement under section 7121, and any similar agreement, and any background information related to such an agreement or request for such an agreement,

but such term does not include data in a form which cannot be associated with, or otherwise identify, directly or indirectly, a particular taxpayer. Nothing in the preceding sentence, or in any other provision of law, shall be construed to require the disclosure of standards used or to be used for the selection of returns for examination, or data used or to be used for determining such standards, if the Secretary determines that such disclosure will seriously impair assessment, collection, or enforcement under the internal revenue laws.

(3)

Taxpayer return information

(4)

Tax administration

The term “tax administration”—

(A)

means—

(i)

the administration, management, conduct, direction, and supervision of the execution and application of the internal revenue laws or related statutes (or equivalent laws and statutes of a State) and tax conventions to which the United States is a party, and

(ii)

the development and formulation of Federal tax policy relating to existing or proposed internal revenue laws, related statutes, and tax conventions, and

(B)

includes assessment, collection, enforcement, litigation, publication, and statistical gathering functions under such laws, statutes, or conventions.

(5)

State

(A)

In general

The term “State” means—

(i)

any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands,

(ii)

for purposes of subsections (a)(2), (b)(4), (d)(1), (h)(4), and (p), any municipality—

(I)

with a population in excess of 250,000 (as determined under the most recent decennial United States census data available),

(II)

which imposes a tax on income or wages, and

(III)

with which the Secretary (in his sole discretion) has entered into an agreement regarding disclosure, and

(iii)

for purposes of subsections (a)(2), (b)(4), (d)(1), (h)(4), and (p), any governmental entity—

(I)

which is formed and operated by a qualified group of municipalities, and

(II)

with which the Secretary (in his sole discretion) has entered into an agreement regarding disclosure.

(B)

Regional income tax agencies

For purposes of subparagraph (A)(iii)—

(i)

Qualified group of municipalities

The term “qualified group of municipalities” means, with respect to any governmental entity, 2 or more municipalities—

(I)

each of which imposes a tax on income or wages,

(II)

each of which, under the authority of a State statute, administers the laws relating to the imposition of such taxes through such entity, and

(III)

which collectively have a population in excess of 250,000 (as determined under the most recent decennial United States census data available).

(ii)

References to State law, etc.

(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 on-site review every 3 years (or a mid-point 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. The requirements of this clause shall not apply to disclosures pursuant to subsection (n) for purposes of Federal tax administration and a rule similar to the rule of subsection (p)(8)(B) shall apply for purposes of this clause.

(6)

Taxpayer identity

(7)

Inspection

(8)

Disclosure

(9)

Federal agency

(10)

Chief executive officer

(11)

Terrorist incident, threat, or activity

(c)

Disclosure of returns and return information to designee of taxpayer

(d)

Disclosure to State tax officials and State and local law enforcement agencies

(1)

In general

(2)

Disclosure to State audit agencies

(A)

In general

(B)

State audit agency

(3)

Exception for reimbursement under section 7624

(4)

Availability and use of death information

(A)

In general

(B)

Contractual requirements

A contract meets the requirements of this subparagraph if—

(i)

such contract requires the State to furnish the Secretary of Health and Human Services information concerning individuals with respect to whom death certificates (or equivalent documents maintained by the State or any subdivision thereof) have been officially filed with it, and

(ii)

such contract does not include any restriction on the use of information obtained by such Secretary pursuant to such contract, except that such contract may provide that such information is only to be used by the Secretary (or any other Federal agency) for purposes of ensuring that Federal benefits or other payments are not erroneously paid to deceased individuals.

Any information obtained by the Secretary of Health and Human Services under such a contract shall be exempt from disclosure under section 552 of title 5, United States Code, and from the requirements of section 552a of such title 5.

(C)

Special exception

(5)

Disclosure for combined employment tax reporting

(A)

In general

(B)

Termination

(6)

Limitation on disclosure regarding regional income tax agencies treated as States

(e)

Disclosure to persons having material interest

(1)

In general

The return of a person shall, upon written request, be open to inspection by or disclosure to—

(A)

in the case of the return of an individual—

(i)

that individual,

(ii)

the spouse of that individual if the individual and such spouse have signified their consent to consider a gift reported on such return as made one-half by him and one-half by the spouse pursuant to the provisions of section 2513; or

(iii)

the child of that individual (or such child’s legal representative) to the extent necessary to comply with the provisions of section 1(g);

(B)

in the case of an income tax return filed jointly, either of the individuals with respect to whom the return is filed;

(C)

in the case of the return of a partnership, any person who was a member of such partnership during any part of the period covered by the return;

(D)

in the case of the return of a corporation or a subsidiary thereof—

(i)

any person designated by resolution of its board of directors or other similar governing body,

(ii)

any officer or employee of such corporation upon written request signed by any principal officer and attested to by the secretary or other officer,

(iii)

any bona fide shareholder of record owning 1 percent or more of the outstanding stock of such corporation,

(iv)

if the corporation was an S corporation, any person who was a shareholder during any part of the period covered by such return during which an election under section 1362(a) was in effect, or

(v)

if the corporation has been dissolved, any person authorized by applicable State law to act for the corporation or any person who the Secretary finds to have a material interest which will be affected by information contained therein;

(E)

in the case of the return of an estate—

(i)

the administrator, executor, or trustee of such estate, and

(ii)

any heir at law, next of kin, or beneficiary under the will, of the decedent, but only if the Secretary finds that such heir at law, next of kin, or beneficiary has a material interest which will be affected by information contained therein; and

(F)

in the case of the return of a trust—

(i)

the trustee or trustees, jointly or separately, and

(ii)

any beneficiary of such trust, but only if the Secretary finds that such beneficiary has a material interest which will be affected by information contained therein.

(2)

Incompetency

(3)

Deceased individuals

The return of a decedent shall, upon written request, be open to inspection by or disclosure to—

(A)

the administrator, executor, or trustee of his estate, and

(B)

any heir at law, next of kin, or beneficiary under the will, of such decedent, or a donee of property, but only if the Secretary finds that such heir at law, next of kin, beneficiary, or donee has a material interest which will be affected by information contained therein.

(4)

Title 11 cases and receivership proceedings

If—

(A)

there is a trustee in a title 11 case in which the debtor is the person with respect to whom the return is filed, or

(B)

substantially all of the property of the person with respect to whom the return is filed is in the hands of a receiver,

such return or returns for prior years of such person shall, upon written request, be open to inspection by or disclosure to such trustee or receiver, but only if the Secretary finds that such trustee or receiver, in his fiduciary capacity, has a material interest which will be affected by information contained therein.

(5)

Individual’s title 11 case

(A)

In general

(B)

Return of estate available to debtor

(C)

Special rule for involuntary cases

(6)

Attorney in fact

(7)

Return information

(8)

Disclosure of collection activities with respect to joint return

(9)

Disclosure of certain information where more than 1 person subject to penalty under section 6672

If the Secretary determines that a person is liable for a penalty under section 6672(a) with respect to any failure, upon request in writing of such person, the Secretary shall disclose in writing to such person—

(A)

the name of any other person whom the Secretary has determined to be liable for such penalty with respect to such failure, and

(B)

whether the Secretary has attempted to collect such penalty from such other person, the general nature of such collection activities, and the amount collected.

(10)

Limitation on certain disclosures under this subsection

(11)

Disclosure of information regarding status of investigation of violation of this section

In the case of a person who provides to the Secretary information indicating a violation of section 7213, 7213A, or 7214 with respect to any return or return information of such person, the Secretary may disclose to such person (or such person’s designee)—

(A)

whether an investigation based on the person’s provision of such information has been initiated and whether it is open or closed,

(B)

whether any such investigation substantiated such a violation by any individual, and

(C)

whether any action has been taken with respect to such individual (including whether a referral has been made for prosecution of such individual).

(f)

Disclosure to Committees of Congress

(1)

Committee on Ways and Means, Committee on Finance, and Joint Committee on Taxation

(2)

Chief of Staff of Joint Committee on Taxation

(3)

Other committees

(4)

Agents of committees and submission of information to Senate or House of Representatives

(A)

Committees described in paragraph (1)

(B)

Other committees

(5)

Disclosure by whistleblower

(g)

Disclosure to President and certain other persons

(1)

In general

Upon written request by the President, signed by him personally, the Secretary shall furnish to the President, or to such employee or employees of the White House Office as the President may designate by name in such request, a return or return information with respect to any taxpayer named in such request. Any such request shall state—

(A)

the name and address of the taxpayer whose return or return information is to be disclosed,

(B)

the kind of return or return information which is to be disclosed,

(C)

the taxable period or periods covered by such return or return information, and

(D)

the specific reason why the inspection or disclosure is requested.

(2)

Disclosure of return information as to Presidential appointees and certain other Federal Government appointees

(A)

has filed returns with respect to the taxes imposed under chapter 1 for not more than the immediately preceding 3 years;

(B)

has failed to pay any tax within 10 days after notice and demand, or has been assessed any penalty under this title for negligence, in the current year or immediately preceding 3 years;

(C)

has been or is under investigation for possible criminal offenses under the internal revenue laws and the results of any such investigation; or

(D)

has been assessed any civil penalty under this title for fraud.

Within 3 days of the receipt of any request for any return information with respect to any individual under this paragraph, the Secretary shall notify such individual in writing that such information has been requested under the provisions of this paragraph.

(3)

Restriction on disclosure

(4)

Restriction on disclosure to certain employees

(5)

Reporting requirements

(h)

Disclosure to certain Federal officers and employees for purposes of tax administration, etc.

(1)

Department of the Treasury

(2)

Department of Justice

In a matter involving tax administration, a return or return information shall be open to inspection by or disclosure to officers and employees of the Department of Justice (including United States attorneys) personally and directly engaged in, and solely for their use in, any proceeding before a Federal grand jury or preparation for any proceeding (or investigation which may result in such a proceeding) before a Federal grand jury or any Federal or State court, but only if—

(A)

the taxpayer is or may be a party to the proceeding, or the proceeding arose out of, or in connection with, determining the taxpayer’s civil or criminal liability, or the collection of such civil liability in respect of any tax imposed under this title;

(B)

the treatment of an item reflected on such return is or may be related to the resolution of an issue in the proceeding or investigation; or

(C)

such return or return information relates or may relate to a transactional relationship between a person who is or may be a party to the proceeding and the taxpayer which affects, or may affect, the resolution of an issue in such proceeding or investigation.

(3)

Form of request

In any case in which the Secretary is authorized to disclose a return or return information to the Department of Justice pursuant to the provisions of this subsection—

(A)

if the Secretary has referred the case to the Department of Justice, or if the proceeding is authorized by subchapter B of chapter 76, the Secretary may make such disclosure on his own motion, or

(B)

if the Secretary receives a written request from the Attorney General, the Deputy Attorney General, or an Assistant Attorney General for a return of, or return information relating to, a person named in such request and setting forth the need for the disclosure, the Secretary shall disclose return or return the information so requested.

(4)

Disclosure in judicial and administrative tax proceedings

A return or return information may be disclosed in a Federal or State judicial or administrative proceeding pertaining to tax administration, but only—

(A)

if the taxpayer is a party to the proceeding, or the proceeding arose out of, or in connection with, determining the taxpayer’s civil or criminal liability, or the collection of such civil liability, in respect of any tax imposed under this title;

(B)

if the treatment of an item reflected on such return is directly related to the resolution of an issue in the proceeding;

(C)

if such return or return information directly relates to a transactional relationship between a person who is a party to the proceeding and the taxpayer which directly affects the resolution of an issue in the proceeding; or

(D)

to the extent required by order of a court pursuant to section 3500 of title 18, United States Code, or rule 16 of the Federal Rules of Criminal Procedure, such court being authorized in the issuance of such order to give due consideration to congressional policy favoring the confidentiality of returns and return information as set forth in this title.

However, such return or return information shall not be disclosed as provided in subparagraph (A), (B), or (C) if the Secretary determines that such disclosure would identify a confidential informant or seriously impair a civil or criminal tax investigation.

(5)

Withholding of tax from social security benefits

(6)

Internal Revenue Service Oversight Board

(A)

In general

(B)

Exception for reports to the Board

If—

(i)

the Commissioner or the Treasury Inspector General for Tax Administration prepares any report or other matter for the Oversight Board in order to assist the Board in carrying out its duties; and

(ii)

the Commissioner or such Inspector General determines it is necessary to include any return or return information in such report or other matter to enable the Board to carry out such duties,

such return or return information (other than information regarding taxpayer identity) may be disclosed to members, employees, or detailees of the Board solely for the purpose of carrying out such duties.

(i)

Disclosure to Federal officers or employees for administration of Federal laws not relating to tax administration

(1)

Disclosure of returns and return information for use in criminal investigations

(A)

In general

Except as provided in paragraph (6), any return or return information with respect to any specified taxable period or periods shall, pursuant to and upon the grant of an ex parte order by a Federal district court judge or magistrate judge under subparagraph (B), be open (but only to the extent necessary as provided in such order) to inspection by, or disclosure to, officers and employees of any Federal agency who are personally and directly engaged in—

(i)

preparation for any judicial or administrative proceeding pertaining to the enforcement of a specifically designated Federal criminal statute (not involving tax administration) to which the United States or such agency is or may be a party, or pertaining to the case of a missing or exploited child,

(ii)

any investigation which may result in such a proceeding, or

(iii)

any Federal grand jury proceeding pertaining to enforcement of such a criminal statute to which the United States or such agency is or may be a party, or to such a case of a missing or exploited child,

solely for the use of such officers and employees in such preparation, investigation, or grand jury proceeding.

(B)

Application for order

The Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, any United States attorney, any special prosecutor appointed under section 593 of title 28, United States Code, or any attorney in charge of a criminal division organized crime strike force established pursuant to section 510 of title 28, United States Code, may authorize an application to a Federal district court judge or magistrate judge for the order referred to in subparagraph (A). Upon such application, such judge or magistrate judge may grant such order if he determines on the basis of the facts submitted by the applicant that—

(i)

there is reasonable cause to believe, based upon information believed to be reliable, that a specific criminal act has been committed,

(ii)

there is reasonable cause to believe that the return or return information is or may be relevant to a matter relating to the commission of such act, and

(iii)

the return or return information is sought exclusively for use in a Federal criminal investigation or proceeding concerning such act (or any criminal investigation or proceeding, in the case of a matter relating to a missing or exploited child), and the information sought to be disclosed cannot reasonably be obtained, under the circumstances, from another source.

(C)

Disclosure to state and local law enforcement agencies in the case of matters pertaining to a missing or exploited child

(i)

In general

In the case of an investigation pertaining to a missing or exploited child, the head of any Federal agency, or his designee, may disclose any return or return information obtained under subparagraph (A) to officers and employees of any State or local law enforcement agency, but only if—

(I)

such State or local law enforcement agency is part of a team with the Federal agency in such investigation, and

(II)

such information is disclosed only to such officers and employees who are personally and directly engaged in such investigation.

(ii)

Limitation on use of information

(iii)

Missing child

(iv)

Exploited child

(2)

Disclosure of return information other than taxpayer return information for use in criminal investigations

(A)

In general

Except as provided in paragraph (6), upon receipt by the Secretary of a request which meets the requirements of subparagraph (B) from the head of any Federal agency or the Inspector General thereof, or, in the case of the Department of Justice, the Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, the Director of the Federal Bureau of Investigation, the Administrator of the Drug Enforcement Administration, any United States attorney, any special prosecutor appointed under section 593 of title 28, United States Code, or any attorney in charge of a criminal division organized crime strike force established pursuant to section 510 of title 28, United States Code, the Secretary shall disclose return information (other than taxpayer return information) to officers and employees of such agency who are personally and directly engaged in—

(i)

preparation for any judicial or administrative proceeding described in paragraph (1)(A)(i),

(ii)

any investigation which may result in such a proceeding, or

(iii)

any grand jury proceeding described in paragraph (1)(A)(iii),

solely for the use of such officers and employees in such preparation, investigation, or grand jury proceeding.

(B)

Requirements

A request meets the requirements of this subparagraph if the request is in writing and sets forth—

(i)

the name and address of the taxpayer with respect to whom the requested return information relates;

(ii)

the taxable period or periods to which such return information relates;

(iii)

the statutory authority under which the proceeding or investigation described in subparagraph (A) is being conducted; and

(iv)

the specific reason or reasons why such disclosure is, or may be, relevant to such proceeding or investigation.

(C)

Taxpayer identity

(3)

Disclosure of return information to apprise appropriate officials of criminal or terrorist activities or emergency circumstances

(A)

Possible violations of Federal criminal law

(i)

In general

(ii)

Taxpayer identity

(B)

Emergency circumstances

(i)

Danger of death or physical injury

(ii)

Flight from Federal prosecution

(C)

Terrorist activities, etc.

(i)

In general

(ii)

Disclosure to the Department of Justice

(iii)

Taxpayer identity

(4)

Use of certain disclosed returns and return information in judicial or administrative proceedings

(A)

Returns and taxpayer return information

Except as provided in subparagraph (C), any return or taxpayer return information obtained under paragraph (1) or (7)(C) may be disclosed in any judicial or administrative proceeding pertaining to enforcement of a specifically designated Federal criminal statute or related civil forfeiture (not involving tax administration) to which the United States or a Federal agency is a party—

(i)

if the court finds that such return or taxpayer return information is probative of a matter in issue relevant in establishing the commission of a crime or the guilt or liability of a party, or

(ii)

to the extent required by order of the court pursuant to section 3500 of title 18, United States Code, or rule 16 of the Federal Rules of Criminal Procedure.

(B)

Return information (other than taxpayer return information)

(C)

Confidential informant; impairment of investigations

(D)

Consideration of confidentiality policy

(E)

Reversible error

(5)

Disclosure to locate fugitives from justice

(A)

In general

(B)

Application for order

Any person described in paragraph (1)(B) may authorize an application to a Federal district court judge or magistrate judge for an order referred to in subparagraph (A). Upon such application, such judge or magistrate judge may grant such order if he determines on the basis of the facts submitted by the applicant that—

(i)

a Federal arrest warrant relating to the commission of a Federal felony offense has been issued for an individual who is a fugitive from justice,

(ii)

the return of such individual or return information with respect to such individual is sought exclusively for use in locating such individual, and

(iii)

there is reasonable cause to believe that such return or return information may be relevant in determining the location of such individual.

(6)

Confidential informants; impairment of investigations

(7)

Disclosure upon request of information relating to terrorist activities, etc.

(A)

Disclosure to law enforcement agencies

(i)

In general

(ii)

Disclosure to State and local law enforcement agencies

(iii)

Requirements

A request meets the requirements of this clause if—

(I)

the request is made by the head of any Federal law enforcement agency (or his delegate) involved in the response to or investigation of any terrorist incident, threat, or activity, and

(II)

the request sets forth the specific reason or reasons why such disclosure may be relevant to a terrorist incident, threat, or activity.

(iv)

Limitation on use of information

(v)

Taxpayer identity

(B)

Disclosure to intelligence agencies

(i)

In general

(ii)

Requirements

A request meets the requirements of this subparagraph if the request—

(I)

is made by an individual described in clause (iii), and

(II)

sets forth the specific reason or reasons why such disclosure may be relevant to a terrorist incident, threat, or activity.

(iii)

Requesting individuals

An individual described in this subparagraph is an individual—

(I)

who is an officer or employee of the Department of Justice or the Department of the Treasury who is appointed by the President with the advice and consent of the Senate or who is the Director of the United States Secret Service, and

(II)

who is responsible for the collection and analysis of intelligence and counterintelligence information concerning any terrorist incident, threat, or activity.

(iv)

Taxpayer identity

(C)

Disclosure under ex parte orders

(i)

In general

(ii)

Application for order

The Attorney General, the Deputy Attorney General, the Associate Attorney General, any Assistant Attorney General, or any United States attorney may authorize an application to a Federal district court judge or magistrate for the order referred to in clause (i). Upon such application, such judge or magistrate may grant such order if he determines on the basis of the facts submitted by the applicant that—

(I)

there is reasonable cause to believe, based upon information believed to be reliable, that the return or return information may be relevant to a matter relating to such terrorist incident, threat, or activity, and

(II)

the return or return information is sought exclusively for use in a Federal investigation, analysis, or proceeding concerning any terrorist incident, threat, or activity.

(D)

Special rule for ex parte disclosure by the IRS

(i)

In general

(ii)

Limitation on use of information

Information disclosed under clause (i)—

(I)

may be disclosed only to the extent necessary to apprise the head of the appropriate Federal law enforcement agency responsible for investigating or responding to a terrorist incident, threat, or activity, and

(II)

shall be solely for use in a Federal investigation, analysis, or proceeding concerning any terrorist incident, threat, or activity.

The head of such Federal agency may disclose such information to officers and employees of such agency to the extent necessary to investigate or respond to such terrorist incident, threat, or activity.

(8)

Comptroller General

(A)

Returns available for inspection

Except as provided in subparagraph (C), upon written request by the Comptroller General of the United States, returns and return information shall be open to inspection by, or disclosure to, officers and employees of the Government Accountability Office for the purpose of, and to the extent necessary in, making—

(i)

an audit of the Internal Revenue Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Department of Justice, or the Tax and Trade Bureau, Department of the Treasury, which may be required by section 713 of title 31, United States Code, or

(ii)

any audit authorized by subsection (p)(6),

except that no such officer or employee shall, except to the extent authorized by subsection (f) or (p)(6), disclose to any person, other than another officer or employee of such office whose official duties require such disclosure, any return or return information described in section 4424(a) in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer, nor shall such officer or employee disclose any other return or return information, except as otherwise expressly provided by law, to any person other than such other officer or employee of such office in a form which can be associated with, or otherwise identify, directly or indirectly, a particular taxpayer.

(B)

Audits of other agencies

(i)

In general

Nothing in this section shall prohibit any return or return information obtained under this title by any Federal agency (other than an agency referred to in subparagraph (A)) or by a Trustee as defined in the District of Columbia Retirement Protection Act of 1997, for use in any program or activity from being open to inspection by, or disclosure to, officers and employees of the Government Accountability Office if such inspection or disclosure is—

(I)

for purposes of, and to the extent necessary in, making an audit authorized by law of such program or activity, and

(II)

pursuant to a written request by the Comptroller General of the United States to the head of such Federal agency.

(ii)

Information from Secretary

(iii)

Requirement of notification upon completion of audit

Within 90 days after the completion of an audit with respect to which returns or return information were opened to inspection or disclosed under clause (i) or (ii), the Comptroller General of the United States shall notify in writing the Joint Committee on Taxation of such completion. Such notice shall include—

(I)

a description of the use of the returns and return information by the Federal agency involved,

(II)

such recommendations with respect to the use of returns and return information by such Federal agency as the Comptroller General deems appropriate, and

(III)

a statement on the impact of any such recommendations on confidentiality of returns and return information and the administration of this title.

(iv)

Certain restrictions made applicable

(C)

Disapproval by Joint Committee on Taxation

Returns and return information shall not be open to inspection or disclosed under subparagraph (A) or (B) with respect to an audit—

(i)

unless the Comptroller General of the United States notifies in writing the Joint Committee on Taxation of such audit, and

(ii)

if the Joint Committee on Taxation disapproves such audit by a vote of at least two-thirds of its members within the 30-day period beginning on the day the Joint Committee on Taxation receives such notice.

(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)

such return information reflected on returns of corporations 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

(3)

Department of Treasury

(4)

Anonymous form

(5)

Department of Agriculture

(6)

Congressional Budget Office

(k)

Disclosure of certain returns and return information for tax administration purposes

(1)

Disclosure of accepted offers-in-compromise

(2)

Disclosure of amount of outstanding lien

(3)

Disclosure of return information to correct misstatements of fact

(4)

Disclosure to competent authority under tax convention

(5)

State agencies regulating tax return preparers

(6)

Disclosure by certain officers and employees for investigative purposes

(7)

Disclosure of excise tax registration information

To the extent the Secretary determines that disclosure is necessary to permit the effective administration of subtitle D, the Secretary may disclose—

(A)

the name, address, and registration number of each person who is registered under any provision of subtitle D (and, in the case of a registered terminal operator, the address of each terminal operated by such operator), and

(B)

the registration status of any person.

(8)

Levies on certain government payments

(A)

Disclosure of return information in levies on Financial Management Service

In serving a notice of levy, or release of such levy, with respect to any applicable government payment, the Secretary may disclose to officers and employees of the Financial Management Service—

(i)

return information, including taxpayer identity information,

(ii)

the amount of any unpaid liability under this title (including penalties and interest), and

(iii)

the type of tax and tax period to which such unpaid liability relates.

(B)

Restriction on use of disclosed information

(C)

Applicable government payment

For purposes of this paragraph, the term “applicable government payment” means—

(i)

any Federal payment (other than a payment for which eligibility is based on the income or assets (or both) of a payee) certified to the Financial Management Service for disbursement, and

(ii)

any other payment which is certified to the Financial Management Service for disbursement and which the Secretary designates by published notice.

(9)

Disclosure of information to administer section 6311

(10)

Disclosure of certain returns and return information to certain prison officials

(A)

In general

(B)

Disclosure to contractor-run prisons

(C)

Restrictions on use of disclosed information

(D)

Restrictions on redisclosure and disclosure to legal representatives

Notwithstanding subsection (h)—

(i)

Restrictions on redisclosure

(ii)

Disclosure to legal representatives

(11)

Disclosure of return information to Department of State for purposes of passport revocation under section 7345

(A)

In general

The Secretary shall, upon receiving a certification described in section 7345, disclose to the Secretary of State return information with respect to a taxpayer who has a seriously delinquent tax debt described in such section. Such return information shall be limited to—

(i)

the taxpayer identity information with respect to such taxpayer, and

(ii)

the amount of such seriously delinquent tax debt.

(B)

Restriction on disclosure

(12)

Qualified tax collection contractors

(13)

Disclosure to whistleblowers

(A)

In general

(B)

Updates on whistleblower investigations

The Secretary shall disclose to an individual providing information relating to any purpose described in paragraph (1) or (2) of section 7623(a) the following:

(i)

Not later than 60 days after a case for which the individual has provided information has been referred for an audit or examination, a notice with respect to such referral.

(ii)

Not later than 60 days after a taxpayer with respect to whom the individual has provided information has made a payment of tax with respect to tax liability to which such information relates, a notice with respect to such payment.

(iii)

Subject to such requirements and conditions as are prescribed by the Secretary, upon a written request by such individual—

(I)

information on the status and stage of any investigation or action related to such information, and

(II)

in the case of a determination of the amount of any award under section 7623(b), the reasons for such determination.

Clause (iii) shall not apply to any information if the Secretary determines that disclosure of such information would seriously impair Federal tax administration. Information described in clauses (i), (ii), and (iii) may be disclosed to a designee of the individual providing such information in accordance with guidance provided by the Secretary.

(14)

Disclosure of return information for purposes of cybersecurity and the prevention of identity theft tax refund fraud

(A)

In general

(B)

Specified ISAC participants

For purposes of this paragraph—

(i)

In general

The term “specified ISAC participant” means—

(I)

any person designated by the Secretary as having primary responsibility for a function performed with respect to the information sharing and analysis center described in section 2003(a) of the Taxpayer First Act, and

(II)

any person subject to the requirements of section 7216 and which is a participant in such information sharing and analysis center.

(ii)

Information sharing agreement

(C)

Specified return information

For purposes of this paragraph, the term “specified return information” means—

(i)

in the case of a return which is in connection with a case of potential identity theft refund fraud—

(I)

in the case of such return filed electronically, the internet protocol address, device identification, email domain name, speed of completion, method of authentication, refund method, and such other return information related to the electronic filing characteristics of such return as the Secretary may identify for purposes of this subclause, and

(II)

in the case of such return prepared by a tax return preparer, identifying information with respect to such tax return preparer, including the preparer taxpayer identification number and electronic filer identification number of such preparer,

(ii)

in the case of a return which is in connection with a case of a identity theft refund fraud which has been confirmed by the Secretary (pursuant to such procedures as the Secretary may provide), the information referred to in subclauses (I) and (II) of clause (i), the name and taxpayer identification number of the taxpayer as it appears on the return, and any bank account and routing information provided for making a refund in connection with such return, and

(iii)

in the case of any cybersecurity threat to the Internal Revenue Service, information similar to the information described in subclauses (I) and (II) of clause (i) with respect to such threat.

(D)

Restriction on use of disclosed information

(i)

Designated third parties

Any return information received by a person described in subparagraph (B)(i)(I) shall be used only for the purposes of and to the extent necessary in—

(I)

performing the function such person is designated to perform under such subparagraph,

(II)

facilitating disclosures authorized under subparagraph (A) to persons described in subparagraph (B)(i)(II), and

(III)

facilitating disclosures authorized under subsection (d) to participants in such information sharing and analysis center.

(ii)

Return preparers

(E)

(15)

Disclosures to Social Security Administration to identify tax receivables not eligible for collection pursuant to qualified tax collection contracts

(l)

Disclosure of returns and return information for purposes other than tax administration

(1)

Disclosure of certain returns and return information to Social Security Administration and Railroad Retirement Board

The Secretary may, upon written request, disclose returns and return information with respect to—

(A)

taxes imposed by chapters 2, 21, and 24, to the Social Security Administration for purposes of its administration of the Social Security Act;

(B)

a plan to which part I of subchapter D of chapter 1 applies, to the Social Security Administration for purposes of carrying out its responsibility under section 1131 of the Social Security Act, limited, however to return information described in section 6057(d); and

(C)

taxes imposed by chapter 22, to the Railroad Retirement Board for purposes of its administration of the Railroad Retirement Act.

(2)

Disclosure of returns and return information to the Department of Labor and Pension Benefit Guaranty Corporation

(3)

Disclosure that applicant for Federal loan has tax delinquent account

(A)

In general

(B)

Restriction on disclosure

(C)

Included Federal loan program defined

(4)

Disclosure of returns and return information for use in personnel or claimant representative matters

The Secretary may disclose returns and return information—

(A)

upon written request—

(i)

to an employee or former employee of the Department of the Treasury, or to the duly authorized legal representative of such employee or former employee, who is or may be a party to any administrative action or proceeding affecting the personnel rights of such employee or former employee; or

(ii)

to any person, or to the duly authorized legal representative of such person, whose rights are or may be affected by an administrative action or proceeding under section 330 of title 31, United States Code,

solely for use in the action or proceeding, or in preparation for the action or proceeding, but only to the extent that the Secretary determines that such returns or return information is or may be relevant and material to the action or proceeding; or

(B)

to officers and employees of the Department of the Treasury for use in any action or proceeding described in subparagraph (A), or in preparation for such action or proceeding, to the extent necessary to advance or protect the interests of the United States.

(5)

Social Security Administration

Upon written request by the Commissioner of Social Security, the Secretary may disclose information returns filed pursuant to part III of subchapter A of chapter 61 of this subtitle for the purpose of—

(A)

carrying out, in accordance with an agreement entered into pursuant to section 232 of the Social Security Act, an effective return processing program; or

(B)

providing information regarding the mortality status of individuals for epidemiological and similar research in accordance with section 1106(d) of the Social Security Act.

(6)

Disclosure of return information to Federal, State, and local child support enforcement agencies

(A)

Return information from Internal Revenue Service

The Secretary may, upon written request, disclose to the appropriate Federal, State, or local child support enforcement agency—

(i)

available return information from the master files of the Internal Revenue Service relating to the social security account number (or numbers, if the individual involved has more than one such number), address, filing status, amounts and nature of income, and the number of dependents reported on any return filed by, or with respect to, any individual with respect to whom child support obligations are sought to be established or enforced pursuant to the provisions of part D of title IV of the Social Security Act and with respect to any individual to whom such support obligations are owing, and

(ii)

available return information reflected on any return filed by, or with respect to, any individual described in clause (i) relating to the amount of such individual’s gross income (as defined in section 61) or consisting of the names and addresses of payors of such income and the names of any dependents reported on such return, but only if such return information is not reasonably available from any other source.

(B)

Disclosure to certain agents

The following information disclosed to any child support enforcement agency under subparagraph (A) with respect to any individual with respect to whom child support obligations are sought to be established or enforced may be disclosed by such agency to any agent of such agency which is under contract with such agency to carry out the purposes described in subparagraph (C):

(i)

The address and social security account number (or numbers) of such individual.

(ii)

The amount of any reduction under section 6402(c) (relating to offset of past-due support against overpayments) in any overpayment otherwise payable to such individual.

(C)

Restriction on disclosure

(7)

Disclosure of return information to Federal, State, and local agencies administering certain programs under the Social Security Act, the Food and Nutrition Act of 2008, or title 38, United States Code, or certain housing assistance programs

(A)

Return information from Social Security Administration

(B)

Return information from Internal Revenue Service

(C)

Restriction on disclosure

(D)

Programs to which rule applies

The programs to which this paragraph applies are:

(i)

a State program funded under part A of title IV of the Social Security Act;

(ii)

medical assistance provided under a State plan approved under title XIX of the Social Security Act or subsidies provided under section 1860D–14 of such Act;

(iii)

supplemental security income benefits provided under title XVI of the Social Security Act, and federally administered supplementary payments of the type described in section 1616(a) of such Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66);

(iv)

any benefits provided under a State plan approved under title I, X, XIV, or XVI of the Social Security Act (as those titles apply to Puerto Rico, Guam, and the Virgin Islands);

(v)

unemployment compensation provided under a State law described in section 3304 of this title;

(vi)

assistance provided under the Food and Nutrition Act of 2008;

(vii)

State-administered supplementary payments of the type described in section 1616(a) of the Social Security Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93–66);

(viii)

(I)

any needs-based pension provided under chapter 15 of title 38, United States Code, or under any other law administered by the Secretary of Veterans Affairs;

(II)

parents’ dependency and indemnity compensation provided under section 1315 of title 38, United States Code;

(III)

health-care services furnished under sections 1710(a)(2)(G), 1710(a)(3), and 1710(b) of such title; and

(IV)

compensation paid under chapter 11 of title 38, United States Code, at the 100 percent rate based solely on unemployability and without regard to the fact that the disability or disabilities are not rated as 100 percent disabling under the rating schedule; and

(ix)

any housing assistance program administered by the Department of Housing and Urban Development that involves initial and periodic review of an applicant’s or participant’s income, except that return information may be disclosed under this clause only on written request by the Secretary of Housing and Urban Development and only for use by officers and employees of the Department of Housing and Urban Development with respect to applicants for and participants in such programs.

Only return information from returns with respect to net earnings from self-employment and wages may be disclosed under this paragraph for use with respect to any program described in clause (viii)(IV).

(8)

Disclosure of certain return information by Social Security Administration to Federal, State, and local child support enforcement agencies

(A)

In general

(B)

Restriction on disclosure

(C)

State or local child support enforcement agency

(9)

Disclosure of alcohol fuel producers to administrators of State alcohol laws

Notwithstanding any other provision of this section, the Secretary may disclose—

(A)

the name and address of any person who is qualified to produce alcohol for fuel use under section 5181, and

(B)

the location of any premises to be used by such person in producing alcohol for fuel,

to any State agency, body, or commission, or its legal representative, which is charged under the laws of such State with responsibility for administration of State alcohol laws solely for use in the administration of such laws.

(10)

Disclosure of certain information to agencies requesting a reduction under subsection (c), (d), (e), or (f) of section 6402

(A)

Return information from Internal Revenue Service

The Secretary may, upon receiving a written request, disclose to officers and employees of any agency seeking a reduction under subsection (c), (d), (e), or (f) of section 6402, to officers and employees of the Department of Labor for purposes of facilitating the exchange of data in connection with a notice submitted under subsection (f)(5)(C) of section 6402, and to officers and employees of the Department of the Treasury in connection with such reduction—

(i)

taxpayer identity information with respect to the taxpayer against whom such a reduction was made or not made and with respect to any other person filing a joint return with such taxpayer,

(ii)

the fact that a reduction has been made or has not been made under such subsection with respect to such taxpayer,

(iii)

the amount of such reduction,

(iv)

whether such taxpayer filed a joint return, and

(v)

the fact that a payment was made (and the amount of the payment) to the spouse of the taxpayer on the basis of a joint return.

(B)

Restriction on use of disclosed information

(i)

Any officers and employees of an agency receiving return information under subparagraph (A) shall use such information only for the purposes of, and to the extent necessary in, establishing appropriate agency records, locating any person with respect to whom a reduction under subsection (c), (d), (e), or (f) of section 6402 is sought for purposes of collecting the debt with respect to which the reduction is sought, or in the defense of any litigation or administrative procedure ensuing from a reduction made under subsection (c), (d), (e), or (f) of section 6402.

(ii)

Notwithstanding clause (i), return information disclosed to officers and employees of the Department of Labor may be accessed by agents who maintain and provide technological support to the Department of Labor’s Interstate Connection Network (ICON) solely for the purpose of providing such maintenance and support.

(11)

Disclosure of return information to carry out Federal Employees’ Retirement System

(A)

In general

(B)

Restriction on disclosure

(12)

Disclosure of certain taxpayer identity information for verification of employment status of medicare beneficiary and spouse of medicare beneficiary

(A)

Return information from Internal Revenue Service

(B)

Return information from Social Security Administration

(i)

The name and TIN of each medicare beneficiary who is identified as having received wages (as defined in section 3401(a)), above an amount (if any) specified by the Secretary of Health and Human Services, from a qualified employer in a previous year.

(ii)

For each medicare beneficiary who was identified as married under subparagraph (A) and whose spouse is identified as having received wages, above an amount (if any) specified by the Secretary of Health and Human Services, from a qualified employer in a previous year—

(I)

the name and TIN of the medicare beneficiary, and

(II)

the name and TIN of the spouse.

(iii)

With respect to each such qualified employer, the name, address, and TIN of the employer and the number of individuals with respect to whom written statements were furnished under section 6051 by the employer with respect to such previous year.

(C)

Disclosure by Centers for Medicare & Medicaid Services

With respect to the information disclosed under subparagraph (B), the Administrator of the Centers for Medicare & Medicaid Services may disclose—

(i)

to the qualified employer referred to in such subparagraph the name and TIN of each individual identified under such subparagraph as having received wages from the employer (hereinafter in this subparagraph referred to as the “employee”) for purposes of determining during what period such employee or the employee’s spouse may be (or have been) covered under a group health plan of the employer and what benefits are or were covered under the plan (including the name, address, and identifying number of the plan),

(ii)

to any group health plan which provides or provided coverage to such an employee or spouse, the name of such employee and the employee’s spouse (if the spouse is a medicare beneficiary) and the name and address of the employer, and, for the purpose of presenting a claim to the plan—

(I)

the TIN of such employee if benefits were paid under title XVIII of the Social Security Act with respect to the employee during a period in which the plan was a primary plan (as defined in section 1862(b)(2)(A) of the Social Security Act), and

(II)

the TIN of such spouse if benefits were paid under such title with respect to the spouse during such period, and

(iii)

to any agent of such Administrator the information referred to in subparagraph (B) for purposes of carrying out clauses (i) and (ii) on behalf of such Administrator.

(D)

Special rules

(i)

Restrictions on disclosure

(ii)

Timely response to requests

(E)

Definitions

For purposes of this paragraph—

(i)

Medicare beneficiary

(ii)

Group health plan

(iii)

Qualified employer

(13)

Disclosure of return information to carry out the Higher Education Act of 1965

(A)

Applications and recertifications for income-contingent or income-based repayment

The Secretary shall, upon written request from the Secretary of Education, disclose to any authorized person, only for the purpose of (and to the extent necessary in) determining eligibility for, or repayment obligations under, income-contingent or income-based repayment plans under title IV of the Higher Education Act of 1965 with respect to loans under part D of such title, the following return information from returns (for any taxable year specified by the Secretary of Education as relevant to such purpose) of an individual certified by the Secretary of Education as having provided approval under section 494(a)(2) of such Act (as in effect on the date of enactment of this paragraph) for such disclosure:

(i)

Taxpayer identity information.

(ii)

Filing status.

(iii)

Adjusted gross income.

(iv)

Total number of exemptions claimed, if applicable.

(v)

Number of dependents taken into account in determining the credit allowed under section 24.

(vi)

If applicable, the fact that there was no return filed.

(B)

Discharge of loan based on total and permanent disability

The Secretary shall, upon written request from the Secretary of Education, disclose to any authorized person, only for the purpose of (and to the extent necessary in) monitoring and reinstating loans under title IV of the Higher Education Act of 1965 that were discharged based on a total and permanent disability (within the meaning of section 437(a) of such Act), the following return information from returns (for any taxable year specified by the Secretary of Education as relevant to such purpose) of an individual certified by the Secretary of Education as having provided approval under section 494(a)(3) of such Act (as in effect on the date of enactment of this paragraph) for such disclosure:

(i)

The return information described in clauses (i), (ii), and (vi) of subparagraph (A).

(ii)

The return information described in subparagraph (C)(ii).

(C)

Federal student financial aid

The Secretary shall, upon written request from the Secretary of Education, disclose to any authorized person, only for the purpose of (and to the extent necessary in) determining eligibility for, and amount of, Federal student financial aid under a program authorized under subpart 1 of part A, part C, or part D of title IV of the Higher Education Act of 1965 the following return information from returns (for the taxable year used for purposes of section 480(a) of such Act) of an individual certified by the Secretary of Education as having provided approval under section 494(a)(1) of such Act (as in effect on the date of enactment of this paragraph) for such disclosure:

(i)

Return information described in clauses (i) through (vi) of subparagraph (A).

(ii)

The amount of any net earnings from self-employment (as defined in section 1402(a)), wages (as defined in section 3121(a) or 3401(a)), and taxable income from a farming business (as defined in section 263A(e)(4)).

(iii)

Amount of total income tax.

(iv)

Amount of any credit allowed under section 25A.

(v)

Amount of individual retirement account distributions not included in adjusted gross income.

(vi)

Amount of individual retirement account contributions and payments to self-employed SEP, Keogh, and other qualified plans which were deducted from income.

(vii)

Amount of tax-exempt interest received.

(viii)

Amounts from retirement pensions and annuities not included in adjusted gross income.

(ix)

If applicable, the fact that any of the following schedules (or equivalent successor schedules) were filed with the return:

(I)

Schedule A.

(II)

Schedule B.

(III)

Schedule D.

(IV)

Schedule E.

(V)

Schedule F.

(VI)

Schedule H.

(x)

If applicable, the amount reported on Schedule C (or an equivalent successor schedule) as net profit or loss.

(D)

Additional uses of disclosed information

(i)

In general

In addition to the purposes for which information is disclosed under subparagraphs (A), (B), and (C), return information so disclosed may be used by an authorized person, with respect to income-contingent or income-based repayment plans, awards of Federal student financial aid under a program authorized under subpart 1 of part A, part C, or part D of title IV of the Higher Education Act of 1965, and discharges of loans based on a total and permanent disability (within the meaning of section 437(a) of such Act), for purposes of—

(I)

reducing the net cost of improper payments under such plans, relating to such awards, or relating to such discharges,

(II)

oversight activities by the Office of Inspector General of the Department of Education as authorized by the Inspector General Act of 1978, and

(III)

conducting analyses and forecasts for estimating costs related to such plans, awards, or discharges.

(ii)

Limitation

(iii)

Redisclosure to institutions of higher education, State higher education agencies, and designated scholarship organizations

Authorized persons may redisclose return information received under subparagraph (C), solely for the use in the application, award, and administration of financial aid awarded by the Federal government or awarded by a person described in subclause (I), (II), or (III), to the following persons:

(I)

An institution of higher education participating in a program under subpart 1 of part A, part C, or part D of title IV of the Higher Education Act of 1965.

(II)

A State higher education agency.

(III)

A scholarship organization which is an entity designated (prior to the date of the enactment of this clause) by the Secretary of Education under section 483(a)(3)(E) of such Act.

This clause shall only apply to the extent that the taxpayer with respect to whom the return information relates provides written consent for such redisclosure to the Secretary of Education. Under such terms and conditions as may be prescribed by the Secretary, after consultation with the Department of Education, an institution of higher education described in subclause (I) or a State higher education agency described in subclause (II) may designate a contractor of such institution or state agency to receive return information on behalf of such institution or state agency to administer aspects of the institution’s or state agency’s activities for the application, award, and administration of such financial aid.

(iv)

Redisclosure to Office of Inspector General, independent auditors, and contractors

Any return information which is redisclosed under clause (iii)—

(I)

may be further disclosed by persons described in subclauses (I), (II), or (III) of clause (iii) or persons designated in the last sentence of clause (iii) to the Office of Inspector General of the Department of Education and independent auditors conducting audits of such person’s administration of the programs for which the return information was received, and

(II)

may be further disclosed by persons described in subclauses (I), (II), or (III) of clause (iii) to contractors of such entities,

but only to the extent necessary in carrying out the purposes described in such clause (iii).

(v)

Redisclosure to family members

(vi)

Redisclosure of FAFSA information

(E)

Authorized person

For purposes of this paragraph, the term “authorized person” means, with respect to information disclosed under subparagraph (A), (B), or (C), any person who—

(i)

is an officer, employee, or contractor, of the Department of Education, and

(ii)

is specifically authorized and designated by the Secretary of Education for purposes of such subparagraph (applied separately with respect to each such subparagraph).

(F)

Joint returns

(14)

Disclosure of return information to United States Customs Service

The Secretary may, upon written request from the Commissioner of the United States Customs Service, disclose to officers and employees of the Department of the Treasury such return information with respect to taxes imposed by chapters 1 and 6 as the Secretary may prescribe by regulations, solely for the purpose of, and only to the extent necessary in—

(A)

ascertaining the correctness of any entry in audits as provided for in section 509 of the Tariff Act of 1930 (19 U.S.C. 1509), or

(B)

other actions to recover any loss of revenue, or to collect duties, taxes, and fees, determined to be due and owing pursuant to such audits.

(15)

Disclosure of returns filed under section 6050I

The Secretary may, upon written request, disclose to officers and employees of—

(A)

any Federal agency,

(B)

any agency of a State or local government, or

(C)

any agency of the government of a foreign country,

information contained on returns filed under section 6050I. Any such disclosure shall be made on the same basis, and subject to the same conditions, as apply to disclosures of information on reports filed under section 5313 of title 31, United States Code; except that no disclosure under this paragraph shall be made for purposes of the administration of any tax law.

(16)

Disclosure of return information for purposes of administering the District of Columbia Retirement Protection Act of 1997

(A)

In general

(B)

Disclosure for use in judicial or administrative proceedings

(17)

Disclosure to National Archives and Records Administration

(18)

Disclosure of return information for purposes of carrying out a program for advance payment of credit for health insurance costs of eligible individuals

(19)

Disclosure of return information for purposes of providing transitional assistance under medicare discount card program

(A)

In general

The Secretary, upon written request from the Secretary of Health and Human Services pursuant to carrying out section 1860D–31 of the Social Security Act, shall disclose to officers, employees, and contractors of the Department of Health and Human Services with respect to a taxpayer for the applicable year—

(i)

(I)

whether the adjusted gross income, as modified in accordance with specifications of the Secretary of Health and Human Services for purposes of carrying out such section, of such taxpayer and, if applicable, such taxpayer’s spouse, for the applicable year, exceeds the amounts specified by the Secretary of Health and Human Services in order to apply the 100 and 135 percent of the poverty lines under such section, (II) whether the return was a joint return, and (III) the applicable year, or

(ii)

if applicable, the fact that there is no return filed for such taxpayer for the applicable year.

(B)

Definition of applicable year

(C)

Restriction on use of disclosed information

(20)

Disclosure of return information to carry out Medicare part B premium subsidy adjustment and part D base beneficiary premium increase

(A)

In general

The Secretary shall, upon written request from the Commissioner of Social Security, disclose to officers, employees, and contractors of the Social Security Administration return information of a taxpayer whose premium (according to the records of the Secretary) may be subject to adjustment under section 1839(i) or increase under section 1860D–13(a)(7) of the Social Security Act. Such return information shall be limited to—

(i)

taxpayer identity information with respect to such taxpayer,

(ii)

the filing status of such taxpayer,

(iii)

the adjusted gross income of such taxpayer,

(iv)

the amounts excluded from such taxpayer’s gross income under sections 135 and 911 to the extent such information is available,

(v)

the interest received or accrued during the taxable year which is exempt from the tax imposed by chapter 1 to the extent such information is available,

(vi)

the amounts excluded from such taxpayer’s gross income by sections 931 and 933 to the extent such information is available,

(vii)

such other information relating to the liability of the taxpayer as is prescribed by the Secretary by regulation as might indicate in the case of a taxpayer who is an individual described in subsection (i)(4)(B)(iii) of section 1839 of the Social Security Act that the amount of the premium of the taxpayer under such section may be subject to adjustment under subsection (i) of such section or increase under section 1860D–13(a)(7) of such Act and the amount of such adjustment, and

(viii)

the taxable year with respect to which the preceding information relates.

(B)

Restriction on use of disclosed information

(i)

In general

(ii)

Disclosure to other agencies

Officers, employees, and contractors of the Social Security Administration may disclose—

(I)

the taxpayer identity information and the amount of the premium subsidy adjustment or premium increase with respect to a taxpayer described in subparagraph (A) to officers, employees, and contractors of the Centers for Medicare and Medicaid Services, to the extent that such disclosure is necessary for the collection of the premium subsidy amount or the increased premium amount,

(II)

the taxpayer identity information and the amount of the premium subsidy adjustment or the increased premium amount with respect to a taxpayer described in subparagraph (A) to officers and employees of the Office of Personnel Management and the Railroad Retirement Board, to the extent that such disclosure is necessary for the collection of the premium subsidy amount or the increased premium amount,

(III)

return information with respect to a taxpayer described in subparagraph (A) to officers and employees of the Department of Health and Human Services to the extent necessary to resolve administrative appeals of such premium subsidy adjustment or increased premium, and

(IV)

return information with respect to a taxpayer described in subparagraph (A) to officers and employees of the Department of Justice for use in judicial proceedings to the extent necessary to carry out the purposes described in clause (i).

(21)

Disclosure of return information to carry out eligibility requirements for certain programs

(A)

In general

The Secretary, upon written request from the Secretary of Health and Human Services, shall disclose to officers, employees, and contractors of the Department of Health and Human Services return information of any taxpayer whose income is relevant in determining any premium tax credit under section 36B or any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act or eligibility for participation in a State medicaid program under title XIX of the Social Security Act, a State’s children’s health insurance program under title XXI of the Social Security Act, or a basic health program under section 1331 of Patient Protection and Affordable Care Act. Such return information shall be limited to—

(i)

taxpayer identity information with respect to such taxpayer,

(ii)

the filing status of such taxpayer,

(iii)

the number of individuals for whom a deduction is allowed under section 151 with respect to the taxpayer (including the taxpayer and the taxpayer’s spouse),

(iv)

the modified adjusted gross income (as defined in section 36B) of such taxpayer and each of the other individuals included under clause (iii) who are required to file a return of tax imposed by chapter 1 for the taxable year,

(v)

such other information as is prescribed by the Secretary by regulation as might indicate whether the taxpayer is eligible for such credit or reduction (and the amount thereof), and

(vi)

the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available.

(B)

Information to exchange and State agencies

(C)

Restriction on use of disclosed information

Return information disclosed under subparagraph (A) or (B) may be used by officers, employees, and contractors of the Department of Health and Human Services, an Exchange, or a State agency only for the purposes of, and to the extent necessary in—

(i)

establishing eligibility for participation in the Exchange, and verifying the appropriate amount of, any credit or reduction described in subparagraph (A),

(ii)

determining eligibility for participation in the State programs described in subparagraph (A).

(22)

Disclosure of return information to Department of Health and Human Services for purposes of enhancing Medicare program integrity

(A)

In general

The Secretary shall, upon written request from the Secretary of Health and Human Services, disclose to officers and employees of the Department of Health and Human Services return information with respect to a taxpayer who has applied to enroll, or reenroll, as a provider of services or supplier under the Medicare program under title XVIII of the Social Security Act. Such return information shall be limited to—

(i)

the taxpayer identity information with respect to such taxpayer;

(ii)

the amount of the delinquent tax debt owed by that taxpayer; and

(iii)

the taxable year to which the delinquent tax debt pertains.

(B)

Restriction on disclosure

(C)

Delinquent tax debt

(m)

Disclosure of taxpayer identity information

(1)

Tax refunds

(2)

Federal claims

(A)

In general

(B)

Special rule for consumer reporting agency

(3)

National Institute for Occupational Safety and Health

(4)

Individuals who owe an overpayment of Federal Pell Grants or who have defaulted on student loans administered by the Department of Education

(A)

In general

Upon written request by the Secretary of Education, the Secretary may disclose the mailing address of any taxpayer—

(i)

who owes an overpayment of a grant awarded to such taxpayer under subpart 1 of part A of title IV of the Higher Education Act of 1965, or

(ii)

who has defaulted on a loan—

(I)

made under part B, D, or E of title IV of the Higher Education Act of 1965, or

(II)

made pursuant to section 3(a)(1) of the Migration and Refugee Assistance Act of 1962 to a student at an institution of higher education,

for use only by officers, employees, or agents of the Department of Education for purposes of locating such taxpayer for purposes of collecting such overpayment or loan.

(B)

Disclosure to educational institutions, etc.

Any mailing address disclosed under subparagraph (A)(i) may be disclosed by the Secretary of Education to—

(i)

any lender, or any State or nonprofit guarantee agency, which is participating under part B or D of title IV of the Higher Education Act of 1965, or

(ii)

any educational institution with which the Secretary of Education has an agreement under subpart 1 of part A, or part D or E, of title IV of such Act,

for use only by officers, employees, or agents of such lender, guarantee agency, or institution whose duties relate to the collection of student loans for purposes of locating individuals who have defaulted on student loans made under such loan programs for purposes of collecting such loans.

(5)

Individuals who have defaulted on student loans administered by the Department of Health and Human Services

(A)

In general

(B)

Disclosure to schools and eligible lenders

Any mailing address disclosed under subparagraph (A) may be disclosed by the Secretary of Health and Human Services to—

(i)

any school with which the Secretary of Health and Human Services has an agreement under subpart II ¹ of part C of title VII of the Public Health Service Act or subpart II ¹ of part B of title VIII of such Act, or

(ii)

any eligible lender (within the meaning of section 737(4) ¹ of such Act) participating under subpart I ¹ of part C of title VII of such Act,

for use only by officers, employees, or agents of such school or eligible lender whose duties relate to the collection of student loans for purposes of locating individuals who have defaulted on student loans made under such subparts for the purposes of collecting such loans.

(6)

Blood Donor Locator Service

(A)

In general

(B)

Restriction on disclosure

(C)

Safeguards

(7)

Social security account statement furnished by Social Security Administration

(n)

Certain other persons

(o)

Disclosure of returns and return information with respect to certain taxes

(1)

Taxes imposed by subtitle E

(A)

In general

(B)

Use in certain proceedings

(2)

Taxes imposed by chapter 35

(3)

Taxes imposed by section 4481

(p)

Procedure and recordkeeping

(1)

Manner, time, and place of inspections

(2)

Procedure

(A)

Reproduction of returns

(B)

Disclosure of return information

(C)

Use of reproductions

(3)

Records of inspection and disclosure

(A)

System of recordkeeping

(B)

Report by the Secretary

(C)

Public report on disclosures

The Secretary shall, within 90 days after the close of each calendar year, furnish to the Joint Committee on Taxation for disclosure to the public a report with respect to the records or accountings described in subparagraph (A) which—

(i)

provides with respect to each Federal agency, each agency, body, or commission described in subsection (d), (i)(3)(B)(i) or (7)(A)(ii), or (l)(6), and the Government Accountability Office the number of—

(I)

requests for disclosure of returns and return information,

(II)

instances in which returns and return information were disclosed pursuant to such requests or otherwise,

(III)

taxpayers whose returns, or return information with respect to whom, were disclosed pursuant to such requests, and

(ii)

describes the general purposes for which such requests were made.

(4)

Safeguards

Any Federal agency described in subsection (h)(2), (h)(5), (i)(1), (2), (3), (5), or (7), (j)(1), (2), or (5), (k)(8), (10), (11), or (15), (l)(1), (2), (3), (5), (10), (11), (13)(A), (13)(B), (13)(C), (13)(D)(i), (14), (17), or (22), (o)(1)(A), or (o)(3), the Government Accountability Office, the Congressional Budget Office, or any agency, body, or commission described in subsection (d), (i)(1)(C), (3)(B)(i), or (7)(A)(ii), or (k)(10), (l)(6), (7), (8), (9), (12), (15), or (16), any appropriate State officer (as defined in section 6104(c)), or any other person described in subsection (k)(10) or (15), subsection (l)(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), (18), (19), or (20), 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 (d), (i)(3)(B)(i), (k)(10), or (l)(6), (7), (8), (9), or (16), any appropriate State officer (as defined in section 6104(c)), or any other person described in subsection (k)(10) or (15) or subsection (l)(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), (18), (19), or (20) 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,

(ii)

in the case of an agency described in subsection (h)(2), (h)(5), (i)(1), (2), (3), (5) or (7), (j)(1), (2), or (5), (k)(8), (10), (11), or (15), (l)(1), (2), (3), (5), (10), (11), (12), (13)(A), (13)(B), (13)(C), (13)(D)(i), (14), (15), (17), or (22),,3

 So in original.

(o)(1)(A), or (o)(3) or any entity described in subsection (l)(21), the Government Accountability Office, or the Congressional Budget Office, either—

(I)

return to the Secretary such returns or return information (along with any copies made therefrom),

(II)

otherwise make such returns or return information undisclosable, or

(III)

to the extent not so returned or made undisclosable, ensure that the conditions of subparagraphs (A), (B), (C), (D), and (E) of this paragraph continue to be met with respect to such returns or return information, and

(iii)

in the case of the Department of Health and Human Services for purposes of subsection (m)(6), destroy all such return information upon completion of its use in providing the notification for which the information was obtained, so as to make such information undisclosable;

except that the conditions of subparagraphs (A), (B), (C), (D), and (E) shall cease to apply with respect to any return or return information if, and to the extent that, such return or return information is disclosed in the course of any judicial or administrative proceeding and made a part of the public record thereof. If the Secretary determines that any such agency, body, or commission, including an agency, an appropriate State officer (as defined in section 6104(c)), or any other person described in subsection (k)(10) or (15) or subsection (l)(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), (18), (19), or (20) or any entity described in subsection (l)(21), or the Government Accountability Office or the Congressional Budget Office, has failed to, or does not, meet the requirements of this paragraph, he may, after any proceedings for review established under paragraph (7), take such actions as are necessary to ensure such requirements are met, including refusing to disclose returns or return information to such agency, body, or commission, including an agency, an appropriate State officer (as defined in section 6104(c)), or any other person described in subsection (k)(10) or (15) or subsection (l)(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), (16), (18), (19), or (20) or any entity described in subsection (l)(21), or the Government Accountability Office or the Congressional Budget Office, until he determines that such requirements have been or will be met. In the case of any agency which receives any mailing address under paragraph (2), (4), (6), or (7) of subsection (m) and which discloses any such mailing address to any agent or which receives any information under paragraph (6)(A), (10), (12)(B), or (16) of subsection (l) and which discloses any such information to any agent, or any person including an agent described in subsection (l)(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), or (16), this paragraph shall apply to such agency and each such agent or other person (except that, in the case of an agent, or any person including an agent described in subsection (l)(10), (13)(A), (13)(B), (13)(C), (13)(D)(i), or (16), any report to the Secretary or other action with respect to the Secretary shall be made or taken through such agency). For purposes of applying this paragraph in any case to which subsection (m)(6) applies, the term “return information” includes related blood donor records (as defined in section 1141(h)(2) of the Social Security Act).

(5)

Report on procedures and safeguards

(6)

Audit of procedures and safeguards

(A)

Audit by Comptroller General

(B)

Records of inspection and reports by the Comptroller General

The Comptroller General shall—

(i)

maintain a permanent system of standardized records and accountings of returns and return information inspected by officers and employees of the Government Accountability Office under subsection (i)(8)(A)(ii) and shall, within 90 days after the close of each calendar year, furnish to the Secretary a report with respect to, or summary of, such records or accountings in such form and containing such information as the Secretary may prescribe, and

(ii)

furnish an annual report to each committee described in subsection (f) and to the Secretary setting forth his findings with respect to any audit conducted pursuant to subparagraph (A).

The Secretary may disclose to the Joint Committee any report furnished to him under clause (i).

(7)

Administrative review

(8)

State law requirements

(A)

Safeguards

(B)

Disclosure of returns or return information in State returns

(9)

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 Federal, State, or local agency unless such agency, to the satisfaction of the Secretary—

(A)

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 paragraph (4)) to protect the confidentiality of such returns or return information,

(B)

(C)

submits the findings of the most recent review conducted under subparagraph (B) to the Secretary as part of the report required by paragraph (4)(E), and

(D)

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 subparagraph (D) shall include the name and address of each contractor or other agent, a description of the contract or agreement with such contractor or other agent, and the duration of such contract or agreement. The requirements of this paragraph shall not apply to disclosures pursuant to subsection (n) for purposes of Federal tax administration.

(q)

Regulations

(Aug. 16, 1954, ch. 736, 68A Stat. 753; Pub. L. 88–563, § 3(c), Sept. 2, 1964, 78 Stat. 844; Pub. L. 89–44, title VI, § 601(a), June 21, 1965, 79 Stat. 153; Pub. L. 89–713, § 4(a), Nov. 2, 1966, 80 Stat. 1109; Pub. L. 93–406, title II, § 1022(h), Sept. 2, 1974, 88 Stat. 941; Pub. L. 94–202, § 8(g), Jan. 2, 1976, 89 Stat. 1139; Pub. L. 94–455, title XII, § 1202(a)(1), Oct. 4, 1976, 90 Stat. 1667; Pub. L. 95–210, § 5, Dec. 13, 1977, 91 Stat. 1491; Pub. L. 95–600, title V, § 503, title VII, § 701(bb)(1)(A), (B), (2)–(5), Nov. 6, 1978, 92 Stat. 2879, 2921–2923; Pub. L. 96–249, title I, § 127(a)(1)

cite as: 26 USC 6103

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