- 21.7.8.4 Excise Tax Procedures
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Form 720X, Amended Quarterly Federal Excise Tax Return, is used to report adjustments to tax liability reported for previous quarters.
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Form 720X, Amended Quarterly Federal Excise Tax Return, line 2, must be used for any adjustments to IRC section 4051(d), tire credit. A tax credit may be taken equal to the amount of tax that has been imposed on each tire that is sold on, or in connection with, the first retail sale of a taxable vehicle reported on IRS No. 33. Form 720X, must show an adjustment to IRS No. 33 on line 1 to allow the credit. Adjust the credit using CRN 366.
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A claimant must be registered to file a claim for an alternative fuel credit and/or an alternative fuel mixture credit. If the claimant is not registered, they must apply for registration on Form 637, Application for Registration. Form 720X, line 2, must be used to report any adjustment to IRC section 6426, fuel credits. The claimant must have first used Form 720, Schedule C, to reduce their IRC section 4041 or IRC section 4081 fuel liability. (See Form 720 X instructions, line 2.) The claimant must use a separate line for each adjustment. See the table below for applicable types of credit, CRN's and credit rates.
Reminder:
On 12/31/2009, Biodiesel, Renewable Diesel Mixture Credits, Alternative Fuel Credits, and Alternative Fuel Mixture Credits expired on claims that relate to periods after 12/31/2009. However, the credits were reinstated by the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 (Pub. L. 111–312). The credits are now scheduled to expire on 12/31/2011. For periods during the calendar year 2010, claims for these credits must be made on Form 8849, Schedule 3 , or on Form 4136 . See Notice 2011–10 and IRM 21.7.8.4.5.4 for additional information about how to process claims for these credits received for periods occurring during calendar year 2010. Alcohol Fuel Credits do not expire until 12/31/2011 and the Liquefied Hydrogen Alternative Fuel credit does not expire until 12/31/2014.
Credit CRN Credit Rate Alcohol fuel mixtures containing ethanol 393 $.45 Alcohol fuel mixtures containing alcohol (other than ethanol) 394 $.60 Biodiesel (other than agri-biodiesel) mixtures 388 $1.00 Agri-biodiesel mixtures 390 $1.00 Renewable diesel mixtures 307 $1.00 Liquefied petroleum gas (LPG) 426 $.50 "P Series" fuels 427 $.50 Compressed natural gas (LPG) 428 $.50 Liquefied hydrogen 429 $.50 (Does not expire until 12/31/2014) Any liquid fuel derived from coal (including peat through the Fischer-Tropsch process 430 $.50 Liquid hydrocarbons 431 $.50 Liquefied natural gas (LNG) 432 $.50 Liquefied gas derived from biomass 436 $.50 Compressed gas derived from biomass 437 $.50 Note:
Form 720X, line 6, must be completed and provide a detailed explanation of each adjustment and the computation of the amount. The computation must include the number of gallons and credit rate per gallon. Any certificates or statements required for Schedule C lines, 12, 13, and 14 must also be attached. See Form 720X for additional information
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The IRC section 6415 conditions for claim allowance on Form 720X apply to IRS Nos. 22, 26, 27, and 28. The claimant must have repaid the amount of the tax to the person from whom it was collected or have the consent of that person for the allowance of the adjustment.
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The IRC section 6416(a) conditions for claim allowance on Form 720X apply to all other IRS Nos. except 18, 19, 20, 21, 29, 30, 31, 51, 64, 98, and 115, 116 and 117; or if tax is based on use of IRS Nos. 61, 71, 79, and 112, 118, 120-124, and 101. IRS Nos. 61 and 101 can only be adjusted for periods ending before October 1, 2006. The claimant must not have included the tax in the price of the article and has not collected the tax from the purchaser or has the written consent of the ultimate purchaser for the allowance of the adjustment.
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For each adjustment reported on line one of Form 720X, a statement must be attached, or line 6 can be used for providing:
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A detailed description of each adjustment, and
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A computation of the amount claimed
Note:
The supporting evidence is not required to be submitted with the claim.
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Input an adjustment on MFT 03 for the quarter in which the tax was originally reported, or should have been reported, using TC 291 for a tax decrease or TC 290 for a tax increase, using the appropriate IRS No. Credit interest is allowable on an overpayment of tax liability report on a Form 720 filed for previous quarters.
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If the box on line 5b of Form 720X is checked, the overpayment is shown on line 7 of Form 720. Line 6 of Form 720 should include the amount from line 7, if any, as an overpayment from a previous quarter.
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Input an adjustment on MFT 03 for the quarter in which the tax was originally reported, or should have been reported, using TC 291 for a tax decrease or TC 290 for a tax increase on MFT 03 and appropriate IRS No. See IRM 20.1.4.10, Form 720 Reporting Requirements, if a failure to deposit penalty may apply.
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For tax increases, input the tax increase on the appropriate prior tax period.
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If you cannot determine there is an overpayment from the current period to satisfy the tax increase:
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Wait for the TC 150 to post on the current quarter.
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If there is an overpayment on the current quarter, apply the overpayment to the prior quarter being adjusted, using TC 820/700.
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Use the date the overpayment became available, which would be the due date/received date (whichever is later) of the current quarter.
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Do not restrict interest. Normal debit interest (underpayment) rules apply.
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Address the late deposit penalty and assess if applicable.
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For tax decreases, see chart below:
If Then Decrease is over ≡ ≡ ≡ ≡ ≡ ≡ Send Category A. Decrease is over ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ Use expedite procedures and send Category A. Claim (Form 720X) allowed 1. Input the tax decrease on tax period being corrected.
2. If the taxpayer is using the overpayment against their tax liability on the current quarter, apply credit using TC 820/700. NOTE: On the 820 side, use the RDD of the tax period you are adjusting as the date the overpayment became available. On the 700 side, use the RDD of the current quarter.Transferring resulting credit to current quarter 1. Compute interest from the RDD of the quarter being adjusted to the RDD of quarter where the overpayment is being used.
2. Let credit interest refund.Refund is requested Use amended claims date. Taxpayer does not check either box Let refund.
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To figure credit interest for overpayments on Form 720X, see chart below:
If Then Credit interest before 1/1/99 Compute on COMPAC. Credit interest after 1/1/99 Compute on COMPAD. The overpayment is over $10,000 and the account has corporate filing requirements NOTE: Overpayments include amounts refunded, offset or applied as credit elect. To determine if the threshold has been met, add all previous overpayments for the tax module to the amount you are currently processing. The GATT rate applies. The overpayment is over $10,000 and the account does not have corporate filing requirements Compute entire overpayment using COMPAD or COMPAC, as appropriate. Total is less than or equal to $10,000 Use COMPAD or COMPAC, as appropriate. Total is over $10,000 Overpayment over $10,000 is subject to GATT interest. Use COMPAG. NOTE: Add the COMPAD/COMPAC (first $10,000) with the GATT interest (over $10,000) for the total interest allowed. Inputting a TC 291 adjustment Also, input a TC 770 for the credit interest allowed.
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A CP 183 is generated and issued to the taxpayer when the taxpayer does not indicate an IRS No. on an original Form 720. In these cases:
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The returns are processed with IRS No. 80.
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The CP 183 requests the taxpayer to furnish a breakdown of the reported tax liability by IRS No.
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If taxpayer replies:
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Determine the correct IRS No. from taxpayer's correspondence.
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Input TC 290 in the appropriate blocking series.
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Adjust IRS Nos. by inputting the IRS No. 80 originally used with a minus (-) amount and inputting the correct IRS No. for the same amount.
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Adjust any penalties and/or interest as needed. Pay particular attention to FTD penalties which may need to be adjusted. (IRS Nos. 20, 41, 42, 44, 51, 64, 106, 110, 114, and 117; net tax liability of less than $2,500; or one time filings on gas guzzler and luxury tax do not require deposits.)
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If taxpayer fails to reply:
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Reject back to the taxpayer for correct IRS No.
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If information is received by telephone, see (2) above.
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Form 720-TO, Terminal Operator Report, is an information return used by terminal operators to report their monthly receipts and disbursements of all liquid products to and from all approved terminals.
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Form 720-CS, Carrier Summary, is an information return used by bulk transport carriers who receive liquid product from an approved terminal or deliver liquid product to an approved terminal to report their monthly receipts and deliveries.
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Form 720-TO and Form-720-CS must be filed monthly. The report is due the last day of the month following the month in which the transaction occurs.
Example:
The first month for reporting was April, 2009. The return had to be filed by May 31, 2009.
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Form 720-TO and Form 720-CS are worked by a specific group in Excise Operations. Forward all returns/correspondence to:
Centralized Excise
Mail Stop 5701 G
Cincinnati, OH 45999
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Generally, after December 31, 2007, qualified subchapter's subsidiaries (QSubs) and eligible single-owner disregarded entities are treated as separate entities for excise tax payments and reporting purposes. QSubs and eligible single-owner disregarded entities must pay and report excise tax activities, register for excise tax activities, and claim any refunds, credits, and payments under the entity's employer identification number (EIN). These actions cannot take place under the owner's taxpayer identification number (TIN). Some QSubs and disregarded entities may already have an EIN. If the taxpayer is unsure if they have an EIN, the taxpayer may call the IRS Business and Specialty Tax line at 1-800-829-4933.
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Generally, QSubs and eligible single-owner disregarded entities will continue to be treated as disregarded entities for other federal tax purposes (other than employment taxes). Example: Taxpayers filing a Form 4136, Credit for Federal Tax Paid on Fuels, with Form 1040, Individual Income Tax Return, can use the owner's TIN.
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Electronic filing for Form 720, Quarterly Federal Excise Tax Return is available through an electronic return originator (ERO), transmitter, and/or intermediate service provider (ISP) participating in the IRS e-file program for excise taxes. The ERO, ISP and Transmitter can be separate entities; however, most of the electronic filed returns are filed using a web based service provider.
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The Modernized e-File (MeF) system allows two alternative signature options for business taxpayers and the Electronic Return Originator (ERO) to sign electronic returns filed via MeF. The taxpayer must decide whether to use a Personal Identification Number (PIN) to sign the return or whether they authorize the ERO to enter the PIN chosen by the ERO. The filer can choose to sign the applicable Form 8453, U.S. Individual Income Tax Transmittal for an IRS e-file Return, that must be scanned and attached to the return when transmitted. A paper copy of the scanned Form 8453, should not be mailed to the IRS. The business filer can also choose the Practitioner PIN Option, using the applicable Form 8879, e-file Signature Authorization, that is retained by the ERO as part of the taxpayer's record and is not sent to the IRS. An electronic return will be rejected if the required signatures are not present. See IRM 3.42.4, IRS e-file For Business Income Tax Returns, for additional information.
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The Centralized Excise Operations (CEO) uses a Service Level Agreement with the Input Corrections Operations (ICO) to identify and review Line 4 credits reported on an e-filed Form 720 , Quarterly Federal Excise Tax Return.
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A duplicate filing condition occurs when a return (TC 976) posts to a module already containing an original return (TC 150). IDRS generates a -A freeze which prevents any refund or offset from the tax module until an adjustment (TC 29X) is input. IDRS also generates a Transcript (TRNS) 193 or TRNS 293 which is associated with the TC 976 tax return. All excise duplicate filing conditions are systemically controlled on IDRS with category DUPX. All duplicate filing conditions age in 45 days and are not considered correspondence. If correspondence is attached to the duplicate return, the case must be re-controlled with category "TPRQ" . See IRM 21.7.9, BMF Duplicate Filing Conditions, for additional information.
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The -A freeze must be resolved before closing the case. Determine and resolve the duplicate filing condition by examining and comparing the return and IDRS information. Use the TRNS 193, duplicate return, CFOL command codes (CCs), and original return (secure only if absolutely necessary) to resolve the case.
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If the TRNS 193 is received with the duplicate return:
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Research IDRS CC's and/or pull returns from Files to determine if the tax reported on the duplicate, amended or supplemental return should be considered as a tax increase or tax decrease. See IRM 21.7.9.4.1, Resolving TRNS 193s and Amended/Corrected/Supplemental Returns, for additional information.
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If it is determined the duplicate return is a true duplicate (no change), see IRM 21.7.9.4.1.3, True Duplicate.
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If the TRNS 193 is received without the duplicate return attached:
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Research the Business Return Transaction File View (CC BRTVU) to determine if it is a true duplicate and/or for another tax period.
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If Files is unable to secure the return, attempt to call the taxpayer for a copy of the return(s).
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If unable to contact the taxpayer by telephone, input another request as "Special Search" , send Letter 418C to request a copy of the return, and suspend the case for 40 days.
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See IRM 21.7.9.4.1.2, TRNS 193 Received Without Duplicate Return.
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When adjusting accounts:
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Use caution when inputting Hold Codes. See IRM 21.5.2.4.15, Rules on Hold Codes.
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Posting Delay Codes are used to make some transactions post later than others when multiple transactions are required to adjust an account. See IRM 21.5.2.4.17, Posting Delay Code (PDC).
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Input TC 29X to adjust tax, use appropriate IRS No. to match tax adjustment. For credit adjustment, use appropriate CRN to match credit adjustment.
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Form 2290, Heavy Highway Vehicle Use Tax Return, is used to figure and pay the tax due on highway motor vehicles with a taxable gross weight of 55,000 pounds or more used on public highways during the taxable period.
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A highway motor vehicle includes any self-propelled vehicle designed to carry a load over public highways, whether or not also designed to perform other functions.
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A public highway is any road in the United States that is not a private roadway. This includes federal, state, county, and city roads.
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The MFT is 60 and the tax class is 4.
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The taxable period begins each July 1 and ends the following June 30.
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For vehicles first used in July of the taxable period, Form 2290 is due by August 31.
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For vehicles first used after July of the taxable period, Form 2290 for that period is due by the last day of the month following the month of first use.
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Some taxpayers file several Form 2290's for one tax period. This is usually done because they have several offices and each office needs its own Schedule 1. Do not send a 673C letter in these situations.
Note:
The Heavy Highway Vehicle Use Tax is scheduled to expire on 10/1/2011 and these procedures may not be valid for the taxable period beginning on July 1, 2011. On July 20, 2011, the IRS issued temporary regulations (Section 41.60719(a)-1T; TD 9537: REG-122813–11) that extend the Form 2290 due date to November 30, 2011 for taxable vehicles first used on public highways during the months of July, August, and September 2011.
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A person must file a Form 2290 if the vehicle is registered, or required to be registered, in the person's name under state, District of Columbia, Canadian, or Mexican law, at the time:
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The vehicle is first used on public highways during the period,
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A suspended vehicle exceeds the mileage use limit (5,000 miles, 7,500 miles for agricultural vehicles), or
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An increase in the taxable gross weight of the vehicle results in an additional tax liability
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A Form 2290 must also be filed by a person who acquires a vehicle for which tax had been suspended under the previous owner.
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Generally, a stamped copy of Schedule 1 is required as proof of payment when a taxpayer registers a vehicle with a state.
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The return has two copies of Schedule 1. The taxpayer is required to complete both copies.
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Code and Edit verifies the Schedule 1, stamps one copy "Received at Service Center" and returns it to the taxpayer. The other copy is retained with the return
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If Schedule 1 is not received or additional information is needed, the return is suspended and a letter is sent to the taxpayer requesting the information.
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If there is no reply in the suspense period, the return is processed without the Schedule 1 information.
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If a subsequent (late) reply is received, it is sent to the Excise Operations for review.
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A copy of the unstamped Schedule 1 and Form 2290 with Vehicle Identification Numbers (VINs) and a copy of the cancelled check, if the tax is not suspended, may also be used as proof of payment to register the vehicle.
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A vehicle may be registered without proof of payment (Schedule 1) if the person registering the vehicle presents a copy of the bill of sale showing that the vehicle was purchased either new or used within the last 60 days. Employees answering the Excise toll-free number and Taxpayer Assistance Centers should use the instructions in the chart below.
If ... And ... Then ... First Owner States they need a Schedule 1 so they can register their vehicle Ask if they have purchased the vehicle within the last 60 days: -
If yes,
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they do not need a Schedule 1 to register the vehicle.
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they must file a return and pay the tax.
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State agency will register the vehicle with a Bill of Sale (original or photocopy.
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If no (more than sixty days),
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the owner must file a return and pay the tax to receive a stamped Schedule 1 for registration.
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Second Owner Second owner is inquiring if they need to file Form 2290 and pay the tax on their vehicle Second owner must file Form 2290 by the last day of the month following the month the vehicle is first used by them on a public highway. -
Second owner is liable for the tax for remaining months the vehicle is used by that owner on public highways through June 30th.
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Return and payment are due by the last day of the month following the month they first use the vehicle on a public highway.
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If tax was suspended by first owner, second owner may continue the suspension on the Form 2290 they file.
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Second owner can use Bill of Sale (original or photocopy) within 60 days of purchase to register the vehicle.
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Use the chart below for the established Form 2290 (after the first year) filer. The chart is for employees answering calls on the Excise toll-free telephone number and Taxpayer Assistance Centers.
If Taxpayer And Then Has not filed return and paid tax This is an emergency If the taxpayer is not required to e-file, direct taxpayer to nearest Taxpayer Assistance Center, to file return, pay tax, and have Schedule 1 stamped. Has not filed return and paid tax This is not an emergency Help taxpayer prepare Form 2290. Instruct taxpayer to send payment and voucher to address in instructions for Form 2290. Filed return timely Schedule 1 was not returned See next box. Has a copy of Schedule 1 This is an emergency situation If taxpayer has photocopy of Form 2290 and both sides of the cancelled check, this can serve in lieu of the stamped Schedule 1. If not:
1. Advise him or her to mail/fax a copy of the Schedule 1 to you.
2. Verify tax has been paid in full.
3. Stamp the Schedule 1 with the official IRS "Received" or "Received with Remittance" date stamp, using the date of the payment shown on CC BMFOL, or, if no tax was due, the date the return was filed. Fax or mail the Schedule 1 to the taxpayer.Did not keep a copy of Schedule 1 Taxpayer can provide you with VIN(s) and this is an emergency situation 1. Prepare a new Schedule 1 for taxpayer.
2. Verify tax paid.
3. Stamp the Schedule 1 with the official IRS "Received" or "Received with Remittance" date stamp, using the date of the payment shown on CC BMFOLT, or, if no tax was due, the date the return was filed.
4. Advise taxpayer the Excise Tax Function will pull his or her original return and match VIN numbers of vehicles with those shown on Schedule 1 submitted by taxpayer. If VIN Numbers do not match, Excise Tax Function assesses additional tax due and taxpayer receives a notice of balance due. (TAC employees can fax or mail the Schedule 1 to Centralized Excise. See IRM 21.3.4.18.8 for specific procedures.)Taxpayer filed Form 2290 and did not receive stamped Schedule 1 This is not an emergency situation 1. Request return.
2. Copy Schedule.
3. Stamp the Schedule 1.
4. Send the Schedule 1 to taxpayer.
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Taxpayer payment must show Employer Identification Number (EIN) and date the tax period begins. A Social Security Number (SSN) cannot be used to make a payment.
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There are two methods of payment:
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By Electronic Federal Tax Payment System (EFTPS), or
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By check or money order using the Form 2290–V, Payment Voucher
Note:
The installment privilege was eliminated effective July 1, 2005.
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Using EFTPS is voluntary. For the EFTPS payment to be timely, the taxpayer must make the transaction one business day before the payment is due. See IRM 21.7.8.4.2.12, Form 2290, Electronic Filing For Taxpayers Reporting 25 Or More Vehicles.
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The Form 2290 filer is entitled to have an installment agreement (I/A), per IRC section 6159, to pay their tax. However, they cannot receive their Schedule 1 to register their vehicle until the total tax is paid in full. If the taxpayer elects to have an installment agreement, after payments are received and the total tax is paid in full, the taxpayer needs to notify Centralized Excise to receive their stamped Schedule 1. Centralized Excise, at that time will request the return from Files, check the return for accuracy, and mail or fax the Schedule 1 to the taxpayer.
Reminder:
The installment agreement (Status 60) is not the same as the previously allowed installment privilege (Status 20). Before it was repealed, the installment privilege allowed the Form 2290 filer to pay the tax in four equal payments and receive a stamped Schedule 1 with the filing of the return and one-fourth of the tax paid. The installment agreement (Status 60) is permitted if it is determined that the agreement will facilitate full or partial collection of such liability. The taxpayer cannot receive their Schedule 1 until the total tax is paid in full.
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Form 2290 contains a taxable gross weight "Tax Computation" table for Categories A-V and full year’s tax due in each category (vehicle in use during July); and Category W for tax-suspended vehicles.
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Refer to Form 2290 instructions, Partial Period Tax Tables, Table 1, for the amount of prorated tax due for vehicles first used after July.
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The tax rate for logging vehicles is reduced by 25 percent. This reduction is reflected in the annual tax and partial period tax tables. A vehicle qualifies as a logging vehicle if:
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It is used exclusively for the transportation of products harvested from the forested site, or it exclusively transports the products harvested from the forested site to and from locations on a forested site (public highways may be used between the forested site locations), and
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It is registered (under the laws of the State or States in which the vehicle is required to be registered) as a highway motor vehicle used exclusively in the transportation of harvested forest products.
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Beginning July 1, 2005, the reduced rate of tax for Canadian and Mexican vehicles was repealed per the American Jobs Creation Act, HR 4520. Taxpayers reporting Canadian or Mexican vehicles must use column (1) (a) of Form 2290, "Tax Computation" table to figure their annual tax.
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Statement in Support of Suspension of Tax, Part II of Form 2290, must be completed if taxpayer expects to use a vehicle on public highways 5,000 miles or less (7,500 miles or less for agricultural vehicles) during the tax period.
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Tax on that vehicle is suspended for the tax period if the mileage use limit is not exceeded.
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If vehicle is transferred while the suspension in effect, the suspension of tax continues until vehicle is used more than 5,000 miles (7,500 for agricultural vehicles), during taxable period. This includes miles vehicle was used by seller for portion of taxable period prior to transfer.
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Once vehicle use exceeds 5,000 miles (7,500 for agricultural vehicles), the new owner is liable for tax for taxable period.
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Seller (transferor) is to provide buyer (transferee) with statement that includes:
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Transferor's name, address, and EIN
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Vehicle Identification Number (VIN)
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Date of transfer of vehicle
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Odometer reading at beginning of period
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Odometer reading at time of transfer
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Transferee's name, address, and EIN
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New owner files Form 2290 by the last day of the month following the month in which vehicle was first used by the new owner and attaches statement to return.
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If transferor does not provide statement to transferee, then transferor is also liable for tax if the mileage use limit is exceeded. See IRM 21.7.8.4.2.13, Tax on Used Vehicles Acquired During the Tax Period, for filing and tax payment information for the second owner of a vehicle that was transferred during a taxable period when the vehicle was not under a suspension of tax.
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If after filing Form 2290 , the taxable gross weight category of a vehicle increases within same taxable period, the taxpayer must file another Form 2290 reporting additional tax due.
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The required return and payment of tax is due by last day of month following month in which taxable gross weight increased and is reported on Form 2290, line 3, "Additional tax from increase in taxable gross weight."
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See page 5 of Form 2290 instructions under the heading of " Line 3" to determine the tax if the taxable weight increases.
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Because additional tax is not due until the last day of month following the month in which weight increased, input additional tax assessment with TC 298 using due date of second required return as interest start date.
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If Form 2290 has been filed to suspend the tax and the vehicle is used more than 5,000 miles (7,500 for agricultural vehicles), an amended Form 2290 must be filed and the tax paid.
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Once the mileage use limit is exceeded, tax is due for the taxable period, regardless of when the limit was exceeded and is computed on the basis of the month the vehicle was first used in that period. If a suspended vehicle exceeds 5,000 miles (7,500 for agriculture) within the tax period, the tax is due as follows:
Vehicle Suspended First Used on Highway Exceeded 5,000 Miles (7,500 Agriculture Vehicle) Liable for Tax From July July April July 1 through June 30th July February May February 1 through June 30th -
No interest is charged if return is filed and tax is paid by last day of month following month in which vehicle use exceeded 5,000 miles (7,500 for agricultural vehicles).
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Assess tax using TC 298 with due date of return, on which vehicles were reported as taxable, as interest start date.
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The taxpayer is required to check the Amended Return box on page 1 of Form 2290 and to the right of "Amended Return" write the month in which the mileage use limit was exceeded. If the taxpayer does not indicate when the vehicle exceeded 5,000 miles (7,500 miles for agricultural vehicles), assess tax with TC 290 and let interest compute as normal. Contact taxpayer explaining that the month vehicle exceeded 5,000 miles (7,500 for agricultural vehicles) could not be established.
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Beginning July 1, 2005, an installment privilege previously available for Form 2290 was eliminated. The installment payment line on Form 2290 was deleted (Lines 8-10 were renumbered to lines 7-9). Tax is due in full with the filing of Form 2290. Penalties and interest accrue if the tax is not paid in full. See IRM 20.1.2, Failure to File/Failure to Pay Penalties.
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Electronic filing for taxpayers reporting 25 or more vehicles is mandatory, per the American Jobs Creation Act, HR 4520, beginning July 1, 2005. The Excise Tax E-filing and Compliance program (ETEC) became available for tax periods July 2007 and subsequent on August 8th, 2007.
Note:
Even though electronic filing is required by statute for taxpayers reporting 25 or more vehicles they may still file on paper until IRS issues regulations and further guidance.
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To review Form 2290, access EUP (Employee User Portal). See IRM 3.42.8.4.1, Employee User Portal, for information to access EUP.
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If the tax is fully paid, the Schedule 1 for an electronically filed return is systemically sent to the electronic return originator (ERO). The ERO and/or the Intermediate Service Provider (ISP) will provide the taxpayer with the original electronic (water marked), copy of Schedule 1.
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The taxpayer can file multiple Form 2290's and/or amended returns electronically. See IRM 21.7.8.4.1.24, Electronic Filing for Form 720, Quarterly Excise Tax Return, for information on signature requirements.
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Beginning July 1, 2007, the Consent to Disclose Tax Information document was included with the Form 2290. The document must be signed by the taxpayer and/or third party before information can be shared with participating states. The information shared includes:
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VINS (vehicle identification numbers) reported on Schedule 1
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Verification that tax has been paid (reported on line 6 of Form 2290)
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If the document is signed, IRS may disclose the information to the federal Department of Transportation (DOT), U.S. Customs and Border Protection (CBP), and to the state Departments of Motor Vehicles (DMV).
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If a previous owner of a registered vehicle uses the vehicle first during a taxable period, the previous owner is liable for the tax only for the months the vehicle was used by the previous owner. See IRM 21.7.8.4.2.16, Form 2290, Claims, for information about prorating the tax for claiming a refund. See IRM 21.7.8.4.2.8, Form 2290, Vehicle Transferred While Tax is Suspended, for information about vehicles transferred while tax is suspended.
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The second owner is liable for the tax for the remaining months of the taxable period the vehicle is used on public highways by the second owner. Form 2290 must be filed and the tax paid by the last day of the month after the month the vehicle is first used on a public highway.
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If the previous owner used the vehicle on public highways and has not paid the tax, and the new owner uses the vehicle before the end of the taxable period, the new owner becomes liable for the total tax for the entire period to the extent not paid by the previous owner. The new owner must file Form 2290, Heavy Highway Use Tax Return, and pay the tax by the last day of the month after the month notification is received from the IRS that the tax has not been paid in full.
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Form 2290(SP) and instructions are available in the Spanish Language.
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Beginning July 1, 2005, Form 2290(FR) and its instructions are available in the French language. Publications and correspondence may also be considered in the French language at a later date.
Reminder:
Form 2290 filers must have an Employer Identification Number to file the return and pay the tax. Social Security numbers cannot be used for Form 2290.
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If a taxable vehicle is registered in the name of both the owner and another person, the owner is liable for the tax. This rule also applies to dual registration of a leased vehicle.
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Any vehicle operated under a dealer's tag, license, or permit is considered registered in the name of the dealer.
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Beginning January 1, 2005, use CRN 365 for line 5 (credit) adjustments. Submission Processing transcribes line 5 using CRN 365 in initial processing. If a credit adjustment is required for line 5, input using TC 290 and CRN 365. A TC 766 will generate for CRN 365. To reverse the credit, input TC 290 and CRN 365 (with a minus).
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Taxpayers may use line 5 of the Form 2290 to claim a credit for tax paid in the three following circumstances:
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Vehicle is destroyed or stolen before June 1 of the taxable period and is not used during the remainder of the taxable period
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Vehicle was used 5,000 miles or less (7,500 for agricultural vehicles) during the prior taxable period
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Vehicle was sold
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The amount of the line 5 credit cannot exceed tax liability reported on the return. Input an adjustment transaction on MFT 60, using TC 290 and CRN 365. Any excess credit must be claimed as a refund using Form 8849, Schedule 6.
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Alternatively, the taxpayer can make a claim on Form 8849, Schedule 6, versus taking a line 5 (credit) on Form 2290. See IRM 21.7.8.4.5.7.1, Form 8849, Schedule 6, Form 2290, Claims Relating to Taxes Reported on Form 2290.
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A vehicle is destroyed when it is damaged by accident or other casualty to such an extent that it is not economical to rebuild.
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Taxpayer must attach an explanation of the damage by accident or theft.
Note:
A repossessed vehicle is not a sold vehicle. Disallow claim.
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If one vehicle is traded for a new vehicle, IRS treats it as a sale for purposes of the tax imposed by IRC section 4481 , and the credit for vehicles sold, destroyed, or stolen See IRC section 4481(c)(2). The seller, in whose name the vehicle was registered, can claim a prorated credit of the tax paid. The buyer must file a Form 2290 and pay a prorated tax on the vehicle. The 60 day proof of payment rule applies to the buyer for purposes of registering the vehicle with the state. ( See IRM 21.7.8.4.2.3, Required Proof of Payment.)
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For vehicles destroyed, stolen or sold, the taxpayer must include the VIN, the date of the accident, theft, or sale and the computation of the amount claimed. See page 5 of Form 2290 instructions regarding "Line 5" instructions on "figuring" the credit.
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Input adjustment using TC 290 and CRN 365 to adjust credit.
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The person who paid the tax may claim the credit on the first Form 2290 for the next taxable period. Reject any Form 2290 claiming the credit that is filed during the tax period to which the claim relates.
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Claim for refund may be filed on Form 8849, after tax period has ended. See IRM 21.7.8.4.5.7.11 and the Form 8849, Schedule 6 instructions. Reject any Form 8849 claiming a refund that is filed during the tax period to which the refund relates.
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There are no provisions in the law to allow for a credit, exemption, or refund for:
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An occasional light or decreased load
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A discontinued or changed use of vehicle
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Reject claim using appropriate "C" letter.
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The ability to request an extension to pay tax has always been available for Form 2290 filers in the same way as it is available for all taxpayers.
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There are specific standards and policies for granting extensions. See IRM 5.14.1.6, Multi-functional Installment Agreement Authority (Formerly Extension of Time to Pay.
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If you determine the request for an extension is not valid:
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Do not forward to Collections. See IRM 5.19.1.5.4, Full Pay Within 60 or 120 Day Agreement.
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If the taxpayer states they cannot pay the tax and you determine there is an adequate explanation, send the case and/or route the call to Collections.
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A stamped Schedule 1 must not be returned to the taxpayer until the tax is paid in full.
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There is no provision in the law for a credit or refund if weight of vehicle decreases during a taxable period.
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Refund can be given only if change is due to a reporting error.
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If taxpayer is claiming weight that is less than reported, proof is needed. Taxpayer registration must show weight at which vehicle is registered.
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Taxpayer must file Form 8849, Schedule 6, to claim a refund based on a reporting error.
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If it appears a mistake on Schedule 1 is a typographical error (transposed characters), stamp Schedule 1 and return one copy to taxpayer. Attach second copy to return.
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If new VIN is totally different from old VIN, taxpayer must explain why VIN is different. Contact the taxpayer and process as appropriate based upon the taxpayer's response. The VIN may be different for several reasons.
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If vehicle first reported has been sold prior to the beginning of the tax period, taxpayer may provide a copy of the sales receipt showing the date of sale.
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If vehicle first reported was wrecked, taxpayer may provide a copy of accident report.
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A credit or refund cannot be given, unless tax has been paid on both VINs.
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If tax is paid and taxable year ended, taxpayer must file Form 8849, Schedule 6, for a refund with the above information.
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If the explanation is insufficient, the taxpayer must pay tax on new VIN before Schedule 1 is sent back.
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If a copy of Schedule 1 was sent to taxpayer, assess tax for new VIN and inform taxpayer accordingly.
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During the Form 2290 paper (pipeline) process, the Schedule 1 can be erroneously detached from the original tax return or misrouted to a campus function. In some cases, the Schedule 1 is mailed to the IRS without a tax return or returned to the campus as undeliverable. A separated schedule is called a Loose Schedule 1 and is routed to the Excise Operations for resolution.
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The Excise Operations will research IDRS with the information available on the Schedule 1 and take the following action:
If And Then Undeliverable Research for a correct address. No address found Associate loose Schedule with return. A different address is found Re-mail to taxpayer. Account is not full paid There is a discrepancy between what was reported on original return and vehicles listed on Schedule 1 Correspond with taxpayer to resolve discrepancy. Only the bottom section of Schedule 1 is received Payment received (TC 610, no TC 150) is equal to the number of vehicles shown on Schedule 1 Return the stamped Schedule 1 to the taxpayer's address of record as shown on ENMOD. If both sections (top and bottom) of Schedule 1 are received Payment received (TC 610, no TC 150) is equal to the number of vehicles shown on Schedule 1 After research, if Form 2290 cannot be located, send a 418C letter to request a completed, signed Form 2290. If the taxpayer can be reached by telephone, they can fax the return. No reply to 418C letter Payment received (TC 610, no TC 150) is equal to the number of vehicles shown on Schedule 1 Prepare a return for amount of tax applicable to number of vehicles on Schedule 1 and send to Batching. Notate on the return: 418C sent on (date) - "no reply." No reply to 418C letter No payments or partial payments received Close base and destroy Schedule 1.
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If unable to determine reason for duplicate return filing, compare VIN numbers between TC 150 and TC 976.
Note:
Follow procedures in IRM 21.7.9, BMF Duplicate Filing Conditions. See IRM 21.7.8.4.1.25 , Form 720, Excise Tax Reported on Duplicate or Amended Returns, for additional information.
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Form 11-C, Occupational Tax and Registration Return For Wagering, is used by persons who accept taxable wagers to register certain information and to pay the occupational tax. The MFT is 63 and the tax class is 4.
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Anyone engaged in the business of receiving taxable wagers is required to file Form 11-C. This may include organizations that are otherwise exempt from tax under IRC section 501 or IRC section 521.
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Taxable wagers include:
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Those placed on a sports event or contest
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Those placed in a wagering pool conducted for profit, with respect to a sports event or contest
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Those placed in a lottery conducted for profit (other than a state-conducted lottery)
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The dual purpose Form 11-C allows the taxpayer to report and pay the occupational tax under IRC section 4411 and to register certain information with the IRS before accepting taxable wagers.
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The return is filed and the tax is paid by taxpayers who are principals or agents prior to conducting business.
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A principal is a person who is in the business of accepting taxable wagers on his or her own behalf. This person is at risk for the profit or loss depending on the outcome of the event or contest for which the wager was accepted. Principals are liable for the excise tax on wagers, which is reported on Form 730, Monthly Tax Return for Wagers.
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An agent is anyone who accepts taxable wagers on behalf of the principal.
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The occupational tax is:
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$50 per year if all taxable wagers received are authorized under the laws of the state in which accepted
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$500 per year for all other taxable wagers
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A first return must be filed and the occupational tax must be paid before a taxpayer begins accepting taxable wagers. The tax period begins each July 1 and ends the following June 30.
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If wagers are first accepted in any month other than July, the first return covers the tax period from the start of business until the following June 30 and the tax is prorated for the first year by multiplying the applicable monthly rate by the number of months remaining in the taxable year. See page 2 of Form 11-C regarding "line 2" instructions on how to prorate the tax.
Example:
Taxpayer begins business on February 15, 2010. Tax is due for February 2010 through June 2010 (5 months).
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A first return is also due in certain situations in which there has been a change in ownership or control. The above rules apply. The return must be filed within 30 days of the following changes:
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New members are admitted to a firm or partnership
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A corporation is formed to continue the business of a partnership
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A stockholder continues the business of a dissolved corporation
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A supplemental registration return must be filed, but no additional tax is due when certain conditions are met. See IRM 21.7.8.4.3.3, Form 11-C, Supplemental Registration Returns.
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A renewal return must be filed by July 1 for each year in which a principal or agent accepts taxable wagers.
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A first return must be filed before wagers are accepted. Whether a first return is timely filed and whether penalties may be appropriate is determined by the Centralized Excise Tax Function at the Cincinnati Campus. All automatic penalties on first returns must be reviewed.
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A renewal return must be filed by July 1, when required.
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A supplemental registration return must be filed according to certain provisions. See IRM 21.7.8.4.3.3, Form 11-C, Supplemental Registration Returns, below.
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Although additional tax is not due, a supplemental registration return must be filed by principals:
Within Of When End of thirty day period Change in address The business or home address is changed. Principal must register the change before accepting wagers at the new address or by the end of the 30 day period after the change of address, whichever occurs first. 30 days Date of death Business is continued for the remainder of the taxable period only, by a surviving spouse or child, executor, administrator, or other legal representative of a deceased person who paid the occupational tax. 30 days Bankruptcy The principal continues for the remainder of the period for the business as an assignee for creditors. 30 days Change Business is continued for the remainder of the taxable period only, by an assignee of creditors. 30 days Change One or more members withdraw from a firm or partnership. 30 days Change Corporate name is changed. 10 days Engagement A new agent is engaged to receive wagers. The supplemental registration return must report the name, address, and EIN of each new agent. -
Although additional tax is not due, a supplemental registration return must be filed by agents:
Within Of When 10 days Engagement A previously registered agent is engaged to receive taxable wagers on behalf of a different or additional principal. The supplemental registration return must report the name, address, and EIN of each principal. Caution:
If a supplemental registration return is received from an agent who has not previously registered, a first return is required and tax is due.
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Refer all tax decreases to Cincinnati IRS Campus (CIRSC) Excise Tax Function. There is no provision in the law to allow a refund for a portion of a year during which the person receives no taxable wagers. ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡ ≡
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If an original return is available, use Blocking Series (BS) 08 to adjust account.
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If only an amended return is available, use BS 15 to adjust account.







