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Internal Revenue Service Appropriations, FY2020

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October 1, 2019Updated January 14, 2020 Internal Revenue Service Appropriations, FY2020 Overview The Internal Revenue Service (IRS) has two primary statutory responsibilities: (1) to collect most of the revenue required to fund the federal government and a variety of discretionary agencies and programs, and (2) to enforce taxpayer compliance with federal tax laws and regulations. In FY2018, the agency processed 250.3 million tax and information returns (not including Form 1099 returns) and collected $3.5 trillion in gross revenue. Appropriations provide the vast share of operating funds for the IRS. In FY2018, 93% ($11.4 billion) of its budget came from appropriations. The remaining 7% ($850 million) stemmed from several sources, over which the IRS has unlimited authority regarding the use of the funds: reimbursements from other government agencies for services rendered by the IRS, offsetting collections, user fees, and carryovers of unobligated balances from previous years. Historically, IRS’s appropriated funds have been distributed among four accounts: taxpayer services (TS), enforcement, operations support (OS), and business systems modernization (BSM). As Table 1 shows, enforcement represented 43% of the $11.303 billion in enacted appropriations for FY2019, followed by OS (33%), TS (22%), and BSM (1%). Congress included another $77 million in FY2019 to allow the IRS to continue implementing the many changes to the federal tax code made in 2017 by P.L. 115-97. The Trump Administration is asking forrequested $11.472 billion in appropriations for the IRS in FY2020, or $169 million more than the enacted amount for FY2019. This increase is the represented the net result of cost savings from several efficiency measures and the discontinuation of the $77 million in funding for implementing the provisions of P.L. 115-97, and added spending of $180 million for the BSM program, $34 million for enhanced data analytics, $22.5 million for identity theft prevention, and $107 million for cybersecurity cybersecurity enhancement and maintaining and upgrading IRS’s information systems. In addition, the Administration is proposing additional funding requested additional funding in FY2020 for enforcement activities ($200 million) and operations support ($162 million) through a program program integrity cap adjustment under Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of of 1985 (BBEDCA; P.L. 99-177). Congress would have had to approve the adjustments before the associated funds could be spent. The added funds, along with proposed cap adjustments in future years, would behave been used to pay for for “continuing investments in expanding and improving the the effectiveness and efficiency of the IRS’s overall tax enforcement program.” According to the IRS budget documentsrequest, these investments would result in an estimated gross have resulted in a gross revenue gain of $47.1 billion over 10 years, at a total cost of $14.5 billion, yielding a net revenue gain of $32.6 billion. This estimate does reflectdid not account for the revenue effects of added enforcement initiatives on taxpayer noncompliance. At the end of 2019, the Consolidated Appropriations Act, 2020 (P.L. 116-93) was enacted. It appropriated $11.511 billion for the IRS, which was $39 million (0.3%) more than the budget request and $208 million (1.8%) more than the enacted amount for FY2019. The same act mandated a 3.1% pay increase for federal civilian workers. Given that two-thirds of the IRS’s budget goes to employee compensation, the pay increase might effectively absorb much of the 1.8% increase in IRS appropriations in FY2020. Table 1. IRS’s FY2019 and FY2020 Appropriations, Excluding Nonappropriated Funds (millions of dollars) FY2020 H.R. 3351a FY2019 Enacted FY2020 Request FY2020 Enacted $2,492 $2,402 $2,559 $2,482 4,860 4,705c 4,957d 5,060 3,724 4,075e 3,794f 3,722512 Enforcement 4,860 4,705 5,010 Operations Support 3,724 4,075 3,809 Business Systems Modernization 150 290 290 150180 Administrative Provision 77 — — $11,303 $11,472 $12,000 $11,41411,511 Account Taxpayer Services Enforcement Operations Support Total FY2020 S. 2524b Total Sources: IRS’s FY2020 Budget Justification and House Appropriations Committee report on H.R. 3351 (H.Rept. 116-122) and Senate Appropriations Committee report on S. 2524 (S.Rept. 116-111). a. As passed by the House. b. As reported by the Senate Appropriations Committee. c. Excludes Program Integrity Cap increase of $199.9 million. d. Excludes Program Integrity Cap increase of $200 million. e. Excludes Program Integrity Cap increase of $162 million. f. Excludes Program Integrity Cap increase of $200 million.Consolidated Appropriations Act, 2020 (P.L. 116-93). Individual Appropriations Accounts Taxpayer Services The Administration’s FY2020 budget request includesincluded $2.402 billion for TS. Of the requested amount, $8.9 million would bewas set aside for the Tax Counseling for the Elderly Elderly Program (TCEP),; $12.0 million for low-income taxpayer clinic grants, $15.0 taxpayer clinic (LITC) grants; $15 million for matching grants under under the Community Volunteer Income Tax Assistance (VITA) program (available until September 30, 2021),; and $206 million for the Taxpayer Advocate Service (TAS), with $5 million designated for cases involving taxpayer identity theft. https://crsreports.congress.gov Internal Revenue Service Appropriations, FY2020 Under H.R. 3351, as passed by the House, the IRS would receive $2.559 billion in appropriations for TS in FY2020, or $157 million more than the budget request. Of the recommended amount, $12 million would go to the TCEP, $13 million to low-income taxpayer clinic grants, $25.0 million to VITA matching grants (available until September 30, 2021), and $210 million for TAS, with $1 million designated for cases involving identity theft and returns filed by deceased children. S. 2524, as reported, would give the IRS $2.482 billion in appropriations for TS in FY2020, or $79 million more than the budget request. Of the recommended amount, $9.9 million would be set aside for the TCEP, $12 million for low-income taxpayer clinic grants, $25 million for VITA matching grants (available until September 30, 2021), and $207 million for TAS. Enforcement Under the Administration’s budget request, the IRS would receive $4.705 billion in appropriations for enforcement activities in FY2020, or $155 million less than the enacted amount for FY2019. Of that amount, $60.3 million would be set aside for the Interagency Crime and Drug Enforcement program. Another $200 million for reducing the federal tax gap would come from a requested program integrity cap increase under the BBEDCA in FY2020. H.R. 3351 would give the IRS $4.957 billion in appropriations for enforcement in FY2020, or $252 million more than the budget request. Of that amount, $60.3 million would go to the Interagency Crime and Drug Enforcement program. It also includes another $200 million for reducing the federal tax gap, as a program integrity cap increase. The gap refers to the difference between the total income, employment, excise, gift, and estate taxes owed in a year and the total amount of those taxes paid in full and on time. According to the latest estimate from the IRS, the gross federal tax gap averaged $441 billion per year from 2011 to 2013; late payments and IRS enforcement actions lowered the gap to an annual average of $381 billion. S. 2524 would provide the IRS with $5.060 billion in appropriations for enforcement activities in FY2020, or $155 million more than the budget request (including the proposed program integrity cap increase). Of the recommended funding, $635 million would be designated for the IRS’s Criminal Investigation Division. The bill does not call for a program integrity cap increase. Operations Support The Administration is asking for $4.075 billion in appropriations for OS in FY2020, or $351 million more than the enacted amount for FY2019. Of the requested amount, $250 million would be available for use through the end of FY2021. The budget request also calls for a program integrity cap increase of $162 million to address the federal tax gap through the OS account H.R. 3351 would provide $3.794 billion in appropriations for OS in FY2020, or $281 million less than the budget request. It would also give the IRS another $200 million in funding via OS to address the federal tax gap through a program integrity cap increase. S. 2524 recommends $3.722 billion in appropriations for OS in FY2020, or $515 million less than the budget request (including the proposed program integrity cap increase). Business Systems Modernization Under the Administration’s budget request, the BSM program would receive $290 million in appropriations for FY2020, or $140 million more than the enacted amount for FY2019. The requested funds would be available for obligation through the end of FY2022. H.R. 3351 also recommends that the IRS receive $290 million in appropriations for BSM in FY2020. S. 2524 would limit appropriations for BSM in FY2020 to the same amount that was enacted in FY2019: $150 million. Administrative Provisions The budget request and the House and Senate FY2020 appropriations bills for the IRS contain a number of administrative provisions (or policy riders) that provide additional guidance to the agency on how it should use its appropriated funds. Most of these provisions do not change from year to year and appear to enjoy bipartisan backing. They address issues such as training programs for IRS employees on taxpayer rights; the protection of taxpayer information; improving toll-free phone service for taxpayers; awarding employee bonuses; and targeting individuals because of their ideological beliefs. The budget request includes three new provisions. Two of them (§§108 and 109) would restore “streamlined critical pay authority” for the IRS through the end of FY2023. This authority, which lapsed in 2013, would enable the IRS to hire up to 40 persons with needed information technology skills for up to four years at a pay rate in excess of the federal General Schedule pay scale for career employees. A third provision (§110) would allow the IRS to reallocate up to $10 million in appropriations to meet changing priorities, without prior congressional approval. Section 111 of H.R. 3351 would restore critical pay authority to the IRS through the end of FY2023. S. 2524 contains no new provisions affecting the IRS, but Section 111 would prohibit the IRS from using appropriated funds to create prefilled (or prepopulated) tax returns for individuals with relatively uncomplicated tax situations. H.R. 3351 and the budget request do not contain a similar provision. A key issue behind the ban is the ability of the IRS to provide free direct online tax filing that does not conflict with the agency’s ongoing Free File program. There is disagreement among Members of Congress over whether or not to permanently extend the program and its prohibition on the IRS offering prepopulated returns and free direct online filing to all taxpayers million for the Taxpayer Advocate Service (TAS), of which https://crsreports.congress.gov Internal Revenue Service Appropriations, FY2020 $5 million was designated for cases involving refund fraud tied to taxpayer identity theft. Under the Consolidated Appropriations Act, 2020 (P.L. 116-93), the IRS will receive $2.512 billion for TS, or $20 million more than the enacted amount for FY2019. Of that amount, $11 million is to be used for the TCEP, $12 million for LITC grants, $25 million for VITA matching grants (available until the end of FY2021), and $209.0 million for the TAS ($5.5 million of which is for casework on refund fraud tied to identity theft.). Enforcement The Administration requested $4.705 billion in appropriations for IRS enforcement activities in FY2020, or $155 million less than the enacted amount for FY2019. Of that amount, $60.3 million was set aside for the Interagency Crime and Drug Enforcement program (ICDEP). Another $200 million, for reducing the federal tax gap, would have come from a requested program integrity cap increase under the BBEDCA. P.L. 116-93 provides the IRS with $5.010 billion in appropriated funds for enforcement in FY2020, or $150 million more than the enacted amount for FY2019. None of the funding is tied to a program integrity cap adjustment. Of that amount, $250.0 million is to remain available until the end of FY2021; $60.257 million is set aside for ICDEP; and $15.0 million is for the acquisition of “investigative technology” by the IRS’s Criminal Investigation Division (in addition to any funding it receives under the OS appropriations account). Operations Support The Administration asked for $4.075 billion in appropriations for OS in FY2020, or $351 million more than the enacted amount for FY2019. Of the requested amount, $250 million would have been available for obligation through the end of FY2021. The budget request also called for a program integrity cap increase of $162 million for the OS account to reduce the federal tax gap. The Consolidated Appropriations Act, 2020, provides $3.809 billion in appropriated funds for FY2020, or $85 million more than the enacted amount for FY2019. None of the funding comes from a program integrity cap adjustment. Of that amount, $250 million is available for obligation until the end of FY2021; $10 million is set aside for equipment and the construction, repair, and renovation of facilities; $1 million is designated for research through the end of FY2022; and $10 million is for the IRS to modify the federal System for Award Management to allow entities registering or renewing their registration with the system to request an electronic verification of whether they have “seriously delinquent tax debt.” The act also directs the IRS to submit quarterly reports to the House and Senate Appropriations Committees and the U.S. Comptroller General concerning the cost and performance schedule for major information technology (IT) investments. In addition, the IRS is required to include similar information in its FY2021 budget request. Business Systems Modernization Under the Administration’s budget request, the BSM program would have received $290 million in appropriations for FY2020, or $140 million more than the enacted amount for FY2019. The requested funds were available for obligation through the end of FY2022. P.L. 116-93 provides the IRS with $180 million for the BSM program in FY2020, or $30 million more than the enacted amount for FY2019. The funds will be available through the end of FY2022 for the purchase of IT systems. The IRS is required to prepare quarterly reports on the cost and performance schedule for major IT investments made by the BSM program for both appropriations committees and the U.S. Comptroller General. Administrative Provisions The budget request and the appropriations act contain a number of administrative provisions (or policy riders) that provide additional guidance to the agency on how it should use its appropriated funds. Most of these provisions do not change from year to year and appear to enjoy bipartisan backing. They address issues such as training programs for IRS employees on taxpayer rights; the protection of the confidentiality of taxpayer information; improving toll-free phone service for taxpayers; criteria for attending conferences and rehiring former IRS employees and awarding employee bonuses; and targeting individuals because of their religious or political beliefs. The budget request included three new provisions. Two of them (§108 and §109) would have restored “streamlined critical pay authority” for the IRS through the end of FY2023. This authority, which lapsed in 2013, would enable the IRS to hire up to 40 persons with needed information technology skills for up to four years at a salary above the federal General Schedule pay scale for career employees. A third provision (§110) would allow the IRS to reallocate up to $10 million in appropriations to meet changing priorities, without prior congressional approval. P.L. 116-93 contains none of those provisions. Nor does it include an administrative provision barring the IRS from using appropriated funds to create prefilled (or prepopulated) tax returns for individuals with relatively uncomplicated tax situations. Such a prohibition has been part of each appropriations act including the IRS in recent years. A key issue behind this prohibition was the ability of the IRS to provide free direct online tax filing that does not conflict with the agency’s obligations under the Free File program (FFP). Since its start in 2003, the FFP has prevented the IRS from developing and implementing its own direct online filing system. There is disagreement among Members of Congress over whether to permanently extend the current FFP. The House-passed version of H.R. 1957, which eventually became the Taxpayer First Act (P.L. 116-25) included a provision that would have done so. But at the insistence of some Senators, the provision was dropped from the version signed into law. Gary Guenther, Analyst in Public Finance IF11323 https://crsreports.congress.gov Internal Revenue Service Appropriations, FY2020 Disclaimer This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you wish to copy or otherwise use copyrighted material. https://crsreports.congress.gov | IF11323 · VERSION 1 · NEW2 · UPDATED