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11632

by Joshua Ashman CPA

The IRS recently published its annual Data Book, a statistical report providing insights into the workings of the IRS courtesy of a macro-level snapshot of the agency.

This year’s 2019 Data Book numbers aren’t alarmingly different than last year’s report, but they do show the extent to which the IRS workforce and activities have been steadily shrinking over time. 

The Overall Numbers

According to the 2019 Data Book, during the examined fiscal year (October 1, 2018 to September 30, 2019), the IRS collected more than $3.56 trillion in gross taxes and issued almost 122 million refunds, amounting to more than $452 billion. It processed more than 253 million Federal tax returns and supplemental documents.

In terms of enforcement, the IRS audited 771,095 tax returns during fiscal year 2019, resulting in nearly $17.3 billion in recommended additional tax. This represented an overall audit rate of 0.4%, a rate slightly lower than the 0.5% rate recorded in last year’s Data Book. 

Shrinking Audit Rates for Some Taxpayers

When looking at audits specifically, it is striking that the rates of examination fell significantly for two types of returns – returns of wealthier taxpayers and international returns.

Last year’s Data Book showed that returns with total positive income of $1,000,000 or more were audited at a rate of 3.2%, for a total of 16,290 examinations. This year’s Data Book shows a rate of just 2.4%, for a total of 13,946 examinations.

Last year, international returns were audited at a rate of 3.4%, with a total of 5,938 examinations, while this year they were audited at a much lower rate of 1.9%, with a total of just 3,049 returns. 

Penalty and Abatement Numbers More Steady

In contrast to IRS examinations, penalty enforcement remained relatively close in terms of numbers of penalties assessed as compared to last year.

Last year, 39.1 million civil penalties were assessed, while 4.1 million of those penalties were abated. Similarly, this year, 40.1 million civil penalties were assessed, while 4.2 million of those penalties were abated.

The one significant change from last year was in respect of “non-return penalties,” which decreased in number from 315,408 to 291,001. The Data Book defines non-return penalties broadly to include a wide range of noncompliant behaviors, such as noncompliance related to tax return preparers and to information returns (e.g., Forms 1099, W–2, 3520–A, 8027, and 8300), as well as aiding and abetting, frivolous return filings, and even the misuse of dyed fuel. 

In Hindsight, Looming Pandemic Called for Strength in Numbers

The decrease in IRS examination activities most likely has at its root the decrease in resources available for examinations.

For the past decade, the IRS has seen an increase in the number of returns filed but a decrease in resources (for example, in fiscal year 2010, the IRS received 230.4 million returns and employed 13,879 revenue agents, compared to 253 million returns and 8,526 revenue agents in fiscal year 2019).

Technological advances should allow the IRS to stem the losses in human resources, but only when systems are integrated in such a way that IRS staff can be more effectively utilized.

While hindsight is certainly 20/20, it has become harder to doubt that a short-staffed IRS has made handling the economic effects of this year’s pandemic all the more challenging. The U.S. government should perhaps consider an increased mobilization of staff to handle the complexities that will arise due to the various rule changes and concessions triggered by this year’s unprecedented events.

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Joshua Ashman, CPA, is a co-founder of Expat Tax Professionals, specializing in the areas of international taxation and U.S. expatriate taxation, and with extensive experience with international compliance and U.S. expat tax returns.