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10/20/2021

FACT SHEET: Tax Compliance Proposals Will Improve Tax Fairness While Protecting Taxpayer Privacy | U.S. Departme…

FACT SHEET: Tax Compliance Proposals Will Improve Tax
Fairness While Protecting Taxpayer Privacy
October 19, 2021

WASHINGTON — Rates of tax compliance in the United States are based in large part on the
ways taxpayers accrue income. Those who receive their income that is reported on by a
third-party source, such as wage earners, exhibit near-perfect compliance rates on their
salaries--since the payer of the income also reports the income paid as a deduction.
By contrast, taxpayers who accrue income in hard-to-trace ways exhibit much lower rates of
compliance, as there is no third-party source that reports income to tax authorities. Instead,
these taxpayers take advantage of the fact that certain income streams are hidden from the
IRS, with no information that the IRS can use to detect noncompliance.
Ultimately, this di erence in compliance has led to a two-tiered system of tax administration
in the U.S., whereby taxes are mandatory for wage earners and beneficiaries of federal
programs—like Social Security recipients—while other taxpayers have far more discretion
over whether they pay their taxes. Additionally, since less visible income streams accrue
disproportionately to higher-income taxpayers, this tax compliance divergence means that
low- and middle-income taxpayers have higher rates of compliance, while upper-income
taxpayers likely have higher rates of evasion. Treasury estimates that the cost of tax evasion
among the top 1 percent of taxpayers exceeds $160 billion a year.[1]
The only way to ensure that upper-income taxpayers pay what they owe is by giving the IRS
the resources and information required to close the tax gap. The Administration’s
compliance proposals will do just this by providing a bit of additional information and
making transformative investments in the IRS, such as hiring enforcement agents who are
trained to pursue tax evasion by sophisticated, upper-income taxpayers.
Congress reviewed the Administration’s proposed tax compliance reform released in
conjunction with the Fiscal Year 2021 Budget. In response to considerations about scope, it
has cra ed a new approach to include an exemption for wage and salary earners and federal
program beneficiaries. Under this revised approach, such earners can be completely carved
out of the reporting structure. This is a well-reasoned modification: for American workers
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FACT SHEET: Tax Compliance Proposals Will Improve Tax Fairness While Protecting Taxpayer Privacy | U.S. Departme…

and retirees, the IRS already has information on wage and salary income and the federal
benefits they receive. The Treasury Department is supportive of Congress’s tailoring of the
compliance regime to shed light on income that is unreported to the IRS presently.
Question: How does the financial reporting proposal work?
Answer: Financial institutions and banks will add just two additional numbers to the
information that they already supply to taxpayers and the IRS: the total amount of funds
deposited into the account and the total amount withdrawn over the course of a year. The
scope of this information sharing is extremely limited. Banks will not share with the IRS any
information to track individual transactions under this proposal, and the IRS will have no
ability to track individual transactions.
The rationale for this reform is that the IRS can use this additional aggregate information to
focus its enforcement e orts on wealthy tax evaders, with an improved ability to identify tax
evasion and to decrease audits of compliant taxpayers.

MISINF ORMATION REGARDING THE ADMINISTRATION’S
COMPLIANCE PROPOSALS
In the months since the Administration’s compliance proposal was released, these reforms
have been subject to widespread mischaracterization. One prominent misconception
concerns whether banks will have to report individual transactions to the IRS.
To be clear: The financial reporting proposal does not include reporting on individual
transactions of any amount. Instead, banks would add two additional data points to the
information that is already supplied to tax the IRS: how much money went into the account
over the course of the year, and how much came out.
Question: How would this information be useful?
Answer: Imagine a taxpayer who reports $10,000 of income; but has $10 million of flows in
and out of their bank account. Having this summary information will help flag for the IRS
when high-income people under-report their income (and under-pay their tax obligations).
This will help the IRS target its enforcement activities on those who are actually evading
their tax obligations—decreasing costly and burdensome audits for the vast majority of
taxpayers who pay what they owe.
A second misconception is that all Americans will be swept up in greater IRS scrutiny as a
result of the compliance proposals.
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FACT SHEET: Tax Compliance Proposals Will Improve Tax Fairness While Protecting Taxpayer Privacy | U.S. Departme…

In reality, many financial accounts are already reported on to the IRS, including every bank
account that earns at least $10 in interest. And for American workers, much more detailed
information reporting exists on wage, salary, and investment income. There is nothing novel
about the scope of the information reported to the IRS. The only di erence is the group of
taxpayers that it is extended to, as this reporting would serve to eliminate the existing
disparity between American workers, whose income is already reported on the IRS; and
disproportionately wealthy individuals who earn income in ways not visible to the IRS, and
thus, are easily able to evade.
Under the current proposal, financial accounts with money flowing in and out that totals
less than $10,000 annually are not subject to any additional reporting. Further, when
computing this threshold, the new, tailored proposal carves out wage and salary earners and
federal program beneficiaries, such that only those accruing other forms of income in
opaque ways are a part of the reporting regime.
Any additional reporting will be minor. As stated earlier, only total money into accounts and
total money out of accounts will be reported to the IRS. To further help safeguard taxpayer
privacy, financial services providers could report these totals to the nearest $1,000. The
proposal also includes significant data security investment, giving the IRS the tools it needs
to overhaul 1960s technology and meet threats to the security of the tax system, like the 1.4
billion cyberattacks the IRS experiences annually.
A third misconception concerns raising taxes on American workers.
It cannot be emphasized enough that this proposal does not involve raising taxes on any
taxpayers. Instead, the proposal is designed to collect taxes that are already owed under
current law. This is an economically e icient and progressive way to raise revenue.
It is also important as a matter of equity: As IRS enforcement resources have deteriorated
significantly over the past decade, enforcement actions directed at high-income taxpayers,
which are the most costly and labor-intensive, have decreased the most. As a result of the
Administration’s compliance e orts, additional IRS resources and information will be
focused on detecting and addressing high-income evasion. In fact, audit rates will not rise
relative to recent years for taxpayers making under $400,000 a year.
A further misconception is that greater tax enforcement will create new burdens for
taxpayers and financial institutions.

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FACT SHEET: Tax Compliance Proposals Will Improve Tax Fairness While Protecting Taxpayer Privacy | U.S. Departme…

This proposal was designed to ensure that taxpayers do not have to take any action at all.
There is no reconciliation or paperwork burdens for taxpayers resulting from this proposal.
All that will happen from a compliant taxpayer’s perspective is receiving two additional data
points from their bank and a lower likelihood of a costly audit. And leading banking experts
have stated publicly that the reporting regime under consideration would be simple to enact
and virtually cost-free for banks.[2] Financial institutions are quite technologically
sophisticated, as the advent of mobile banking illustrates. It is implausible that a
requirement to add two pieces of information on a report that is already sent by financial
institutions to the IRS could be onerous.
Ultimately, these e orts are focused on addressing tax evasion by shedding light on hidden
income sources and giving the IRS the resources that it needs to address high-end
noncompliance. Given the substantial revenue at stake, it is unsurprising that Interests that
have marshaled strong opposition have deployed significant resources to derail these
e orts.
But it is important to be clear about the facts: Under the version of the proposals before
Congress, no additional information needs to be reported to the IRS about American
workers. Further, audit rates will not rise relative to recent years for any taxpayer who makes
less than $400,000 annually. All told, a robust attack on the tax gap will generate $700 billion
of additional tax collection in next ten years—and roughly $1.6 trillion in the decade that
follows. It will also increase the e iciency and competitiveness of the economy and help
redress long-standing inequities in our tax system.
[1] Natasha Sarin. “The Case for a Robust Attack on the Tax Gap.” September 7, 2021.
https://home.treasury.gov/news/featured-stories/the-case-for-a-robust-attack-on-the-taxgap
[2] Charles Ellis and Alexander Boyle. “Banks are Wrong to Fight Proposed New IRS
Disclosure Rule.” Bloomberg. September 28, 2021.
https://www.bloomberg.com/opinion/articles/2021-09-28/banks-are-wrong-to-fightproposed-new-irs-disclosure-rule?sref=LPdcbdXL

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