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Q: Privacy of Tax Returns ( Answered 3 out of 5 stars,   1 Comment )
Question  
Subject: Privacy of Tax Returns
Category: Business and Money > Accounting
Asked by: heyheyitsthemonkees-ga
List Price: $5.50
Posted: 22 Jan 2006 14:59 PST
Expires: 21 Feb 2006 14:59 PST
Question ID: 436558
How private are tax returns?  For instance can a lending or credit
institution ever access an individual's personal tax information or
can they just request that an individual provide copies of certain
information such as W2s or mortgage info or even 1040's?
Answer  
Subject: Re: Privacy of Tax Returns
Answered By: denco-ga on 22 Jan 2006 15:51 PST
Rated:3 out of 5 stars
 
Howdy heyheyitsthemonkees-ga,

The United States Internal Revenue Service (IRS) states the following.
http://www.irs.gov/businesses/small/article/0,,id=109046,00.html

"Privacy Act Statement and Paperwork Reduction Act Notice
...
Generally, tax returns and return information are confidential, as required
by IRC section 6103."

The whole of IRC section 6103 can be found on the Cornell Law School site.
http://www4.law.cornell.edu/uscode/html/uscode26/usc_sec_26_00006103----000-.html

"§ 6103. Confidentiality and disclosure of returns and return information"

The above is too large to reproduce here, so if you desire to examine it
in detail, you should go to the page referenced above.

My examination of IRC section 6103 indicates that in general, it does not
appear that a lending or credit institution could ever, without their specific
permission, access an individual's personal tax information.

One applicable section goes as follows: "The Secretary may, subject to such
requirements and conditions as he may prescribe by regulations, disclose the
return of any taxpayer, or return information with respect to such taxpayer,
to such person or persons as the taxpayer may designate in a request for or
consent to such disclosure, or to any other person at the taxpayer?s request
to the extent necessary to comply with a request for information or assistance
made by the taxpayer to such other person. However, return information shall
not be disclosed to such person or persons if the Secretary determines that
such disclosure would seriously impair Federal tax administration."

All of the above said, lending or credit institutions, can and do request such
returns from people all of the time.

If you need any clarification, please feel free to ask.


Search strategy:

Google search on: returns privacy site:.irs.gov
://www.google.com/search?q=returns+privacy+site%3A.irs.gov

Google search on: IRC section 6103
://www.google.com/search?q=IRC+section+6103

Looking Forward, denco-ga - Google Answers Researcher
heyheyitsthemonkees-ga rated this answer:3 out of 5 stars

Comments  
Subject: Re: Privacy of Tax Returns
From: tintanda-ga on 20 Feb 2006 16:52 PST
 
One bit of info regarding the statement: "return information shall
not be disclosed to such person or persons if the Secretary determines that
such disclosure would seriously impair Federal tax administration."

This goes so far as to mean that the IRS cannot communicate illegal
acts that result in reported income to related authorities. For
example, the IRS cannot communicate with the DEA about a drug dealer's
activities if a drug dealer reports all of his income as such. This
would impair the administration of federal tax.

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