Mr. Speaker, pursuant to House Resolution 5, I call up the bill (H.R. 23) to rescind certain balances made available to the Internal Revenue Service, and ask for its immediate consideration. Mr.…
Mr. Speaker, pursuant to House Resolution 5, I call up the bill (H.R. 23) to rescind certain balances made available to the Internal Revenue Service, and ask for its immediate consideration.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill currently under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the process for considering our first bill of the 118th Congress reflects our commitment to Americans and an open legislative process.
Congresswoman Michelle Steel and I first introduced this bill in September. Members were given more than 72 hours' notice prior to today's consideration.
Mr. Speaker, 72 hours is more than enough time for Members to review this bill. In fact, it is two pages long and covers only one topic.
If Members wish to vote on this bill, they must be present in the House Chamber because proxy voting is no longer an option.
Now let's focus on what this bill does--it repeals the vast majority of the Internal Revenue Service funding Democrats enacted last year in order to pay for their Green New Deal.
The primary purpose of that funding is hiring more auditors and support staff to vastly expand IRS's audit capacity. And not just audits on wealthy Americans. With that expanded capacity, IRS can bring in more revenue by auditing more middle- and lower-income families and more small businesses.
Families and small businesses are struggling under the weight of record inflation and supply chain shortages. Small businesses are struggling to find workers at any wage.
The overwhelming majority of Americans, about 85 percent, follow the law and pay their taxes. The last thing they need is more IRS agents knocking on doors to conduct audits.
Yet, this IRS funding is part of the broad Biden administration strategy to tax and audit exponentially more Americans by looking into their bank accounts, requiring online payment services to report them when they split a dinner check with friends or pay their babysitter after a night out, and then target them using 87,000 new IRS employees.
Americans deserve to know their government is working for them, not against them.
Today, Mr. Speaker, you are going to hear Democrats claim there really won't be 87,000 new IRS employees. I imagine that they will say that new employees aren't going to target middle-class families and small businesses, and that Republicans don't care about IRS's customer service failings.
Let's focus on the facts. When a Federal agency hires a new employee to replace one who retires, it does not increase the agency's head count. Yet, the Biden administration's own documents say they are increasing the head count by 87,000 over the next decade with these funds.
Secretary Yellen's own instructions to IRS stated audit rates of families earning less than $400,000 should continue to be audited at historically similar rates. Under those instructions, 9 out of every 10 new audits can target families earning less than $400,000.
And because Republicans are committed to delivering a government that is accountable, this bill retains funding for customer service and IT modernization at IRS--despite the fact these accounts would be more appropriately addressed through regular appropriations--to ensure IRS has the resources to make much-needed improvement to taxpayer services.
Mr. Speaker, there are numerous reasons to support this bill. It protects families and small businesses. It ensures agencies are funded appropriately. Most importantly, it stops autopilot funding for an out- of-control agency that is perhaps most in need of reform. IRS needs to fix its customer service and return processing problems, not focus on auditing families and small businesses.
Americans want an IRS that works for them, not against them.
This bill is a great first step in that direction, and I reserve the balance of my time.
Mr. Speaker, I include in the Record an excerpt from a 2021 Biden administration proposal called ``The American Families Plan Tax Compliance Agenda'' that asks for $80 billion in IRS funding and clearly shows a plan for 86,852 new hires.
[From the U.S. Department of the Treasury, May 2021]
The American Families Plan Tax Compliance Agenda
Restoring IRS Resources
The first step in the President's efforts to restore IRS
enforcement capability is a sustained, multi-year commitment
to rebuilding the IRS. This involves spending nearly $80
billion on IRS priorities over the course of the decade
including hiring new specialized enforcement staff,
modernizing antiquated information technology, and investing
in meaningful taxpayer service--including the implementation
of the newly expanded credits aimed at providing support to
American families. Importantly, the additional resources will
go toward enforcement against those with the highest incomes,
and audit rates will not rise relative to recent years for
those earning less than $400,000 in actual income.
The President's proposal includes two components: a
dedicated stream of mandatory funds ($72.5 billion over a
decade) and a program integrity allocation ($6.7 billion over
a decade). These mechanisms provide for a sustained, multi-
year commitment to revitalizing the IRS that will give the
agency the certainty it needs to rebuild.
The IRS proposal includes year-by-year estimates of the
additional resources that will be directed toward the agency
as well as the specific activities that these resources would
support. The design ensures that the IRS is able to absorb
and usefully deploy additional resources over the entire 10-
year horizon and keeps budget growth manageable at around 10
percent per year.
Mr. Speaker, I yield 1 minute to the gentleman from North Carolina (Mr. Murphy), a member of the Ways and Means Committee.
Mr. Speaker, I include in the Record a Republican Ways and Means Committee release that explains the Congressional Budget Office's determination that it expects over $20 billion in revenue to come from the increased audits on taxpayers--that means families and small businesses making less than $400,000.
[From waysandmeans.house.gov, August 12, 2022]
CBO: New IRS Audits Will Grab at Least $20B from Lower- & Middle-Income
Families
Key Point: At least $20 billion of the revenue Democrats
hope to collect from taxpayers with a supercharged IRS would
come from lower- and middle-income earners and small
businesses, according to a new analysis
by the nonpartisan congressional scorekeeper. That's in
addition to existing audits of these income levels.
Explanation: Last weekend, all 50 Senate Democrats voted
against an amendment offered by Senate Finance Republican
Leader Mike Crapo (R-ID) that would have protected lower- and
middle-income American taxpayers against new audits by the
Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. Van Duyne).
Mr. Speaker, I yield 1 minute to the gentleman from Kansas (Mr. Estes).
Mr. Speaker, I include in the Record a Republican Ways and Means Committee release explaining that Senate Democrats voted down an amendment that would prevent increased audits on taxpayers making less than $400,000 a year and House Democrats refuse to take up a bill that would do the same.
[From waysandmeans.house.gov, Aug. 17, 2022]
Democrats Fail To Protect Middle Class From IRS Audits
Democrats voted against guardrails that would have
protected lower- and middle-income taxpayers from more audits
as a result of supercharging the IRS with 87,000 new agents.
Instead, they hope you'll just ``take their word for it''
that the IRS won't target American families who are living
paycheck to paycheck. Various news outlets have circulated
these claims as facts, but the bill text says otherwise,
Reason Magazine's Matt Welch reports.
Democrats claim they won't target lower- and middle- income
earners with their expansion of the IRS by 87,000 agents . .
.
``. . . top Democrats have been busy escalating their
already implausible claims that goosing the IRS enforcement
budget by 69 percent over a decade, hiring 87,000 additional
new staffers at an agency that currently employs 79,000, and
nabbing an estimated extra $124 billion in tax revenue will
miraculously not bring any percentage increase in audits
performed on Americans earning less than $400,000 a year.''
. . . but the nonpartisan Congressional Budget Office
predicts boosted IRS funding will increase audits for all
taxpayers . . .
``CBO Director Phillip L. Swagel estimated that boosting
IRS funding by $80 billion would increase tax revenues by
$200 billion (the number would later rise to $207 billion,
before settling at $204 billion), adding that `the proposal .
. . would return audit rates to the levels of about 10 years
ago; the rate would rise for all taxpayers' (italics mine),
though `higher-income taxpayers would face the largest
increase.' ''
. . . and Democrats voted against Republican amendments
preventing lower income earners from being targeted by higher
audits.
``In the final IRA bill, in fact, $45.7 billion is
earmarked for `enforcement,' and $25.3 billion goes to
`operations support.' There is no reason to conclude from
those dollar amounts that the number of resulting audits will
be less than originally projected.''
Many ``fact checkers'' have refused to verify claims by
Democrats:
``As Liz Wolfe has reported repeatedly in the pages of
Reason, none of these assurances live in the text of the
Inflation Reduction Act (IRA) itself. One Republican
amendment ``to prevent the use of additional Internal Revenue
Service Funds from being used for audits of taxpayers with
taxable incomes below $400,000'' was voted down on party
lines. You'll just have to take Democrats' word for it.
``That's good enough for many news organizations, who have
been coughing up ``fact-checks'' aimed not at the
demonstrable veracity of White House promises about
significant legislation impacting literally all adult
Americans but at the hyperbole of Republican criticism
thereof.''
Democrats will raise audits on the middle class under the
guise of going after the tax gap.
``The fact remains that you can't close the tax gap without
greater enforcement on the poor and that enforcement on the
poor is considerably less expensive.''
``It is true that Yellen has freshly directed the IRS to
not increase the audit rate of under-$400,000s. And it's also
true that there's no structural enforcement mechanism
preventing the agency from continuing to go after low-hanging
fruit to meet revenue targets.''
Only $3.2 billion of the $80 billion total goes towards
improving services for taxpayers.
``. . . just $3.2 billion of the $80 billion is earmarked
for customer service, producing a mere 9 percent increase
over the previous baseline. If the agency is bad at answering
phone calls--and it's bad at answering phone calls--a 9
percent bump seems inadequate to the task.''
Mr. Speaker, I yield 3 minutes to the gentleman from Missouri (Mr. Smith).
Mr. Speaker, I yield 1 minute to the gentleman from Illinois (Mr. LaHood), a member of the Ways and Means Committee.
Mr. Speaker, I yield 1 minute to the gentleman from Tennessee (Mr. Kustoff), a member of the Ways and Means Committee.
Mr. Speaker, I yield 1 minute to the gentleman from Oklahoma (Mr. Hern), a member of the Ways and Means Committee.
Mr. Speaker, very briefly, I point out that the Biden administration is not giving us all the information. Secretary Yellen said that the IRS will not raise audit rates for taxpayers making less than $400,000 ``relative to historic levels.'' What does ``historic levels'' really mean?
I include in the Record a CBO blog post from 2021 examining the Biden administration's $80 billion proposal and stating that it would ``return audit rates to the levels of about 10 years ago'' and that ``the rate would rise for all taxpayers.''
[From the CBO Blog, Sept. 2, 2021]
The Effects of Increased Funding for the IRS
(By Phill Swagel)
Last month, the Congressional Budget Office published An
Analysis of Certain Proposals in the President's 2022 Budget.
Since then, CBO has completed its analysis of another
proposal in the President's budget, an increase in spending
for the Internal Revenue Service's (IRS's) enforcement
activities. CBO estimates that portions of the
Administration's proposal to increase funding for the IRS by
$80 billion over the 2022-2031 period would increase revenues
by approximately $200 billion over those 10 years. That
estimate does not include changes in revenues resulting from
portions of the proposal that involve new information-
reporting requirements and other changes to the tax code;
those changes are estimated by the staff of the Joint
Committee on Taxation (JCT).
the proposal
The Administration proposes funding for the IRS that is $80
billion greater over 10 years than the amounts in CBO's July
2021 baseline projections (which reflect the assumption that
current laws generally do not change). Two types of funding
would be provided: discretionary appropriations, which would
mainly be used for enforcement activities; and mandatory
funding, which would be used for a variety of activities (not
only enforcement but also operations support, business-
systems modernization, and taxpayer services).
Spending would increase in each year between 2021 and 2031,
though the highest growth would occur in the first few years.
By 2031, CBO projects, the proposal would make the IRS's
budget more than 90 percent larger than it is in CBO's July
2021 baseline projections and would more than double the
IRS's staffing. Of the $80 billion, CBO estimates, about $60
billion would be for enforcement and related operations
support.
The Administration also proposes that financial
institutions increase their reporting about account inflows
and outflows. Part of the increased funding would support the
implementation of a new information-reporting system to be
used by those institutions. The resulting effects on revenues
are estimated by JCT and are not included in CBO's estimate
of an approximately $200 billion increase.
how cbo estimates the effect on revenues of increased irs funding
CBO's estimate of revenues is based on the IRS's projected
returns on investment (ROIs) for spending on new enforcement
initiatives. The IRS estimates those ROIs by calculating the
expected revenues that would be raised from taxes, interest,
and penalties as a result of the new initiatives and dividing
them by their additional cost. (The agency has provided ROIs
over the past five years as part of its budget
justification.) The IRS's ROIs ramp up over three years as
staff become trained and fully productive, arrive at the peak
level, and then stay there. In recent years, peak ROIs have
ranged from 5 to 9. That is, a $1 increase in spending on the
IRS's enforcement activities results in $5 to $9 of increased
revenues.
CBO adjusts the ROIs so that they better reflect the
marginal return on additional spending. First, CBO expects
the IRS to prioritize the enforcement activities that it
thinks will have the highest average return; additional
enforcement spending would therefore have lower returns than
previous spending. Second, CBO expects taxpayers to adapt to
the IRS's enforcement activities and adopt new ways of
evading detection, so an enforcement activity may have a
lower return in later years. Finally, the productivity of the
IRS's enforcement activities will also depend on the IRS's
other capabilities. For example, modernized information
technology that stored all of a taxpayer's information in
digital form could increase the productivity of examiners
(the employees who detect taxpayers' noncompliance).
CBO's estimate of revenues also accounts for the timing of
collections resulting from enforcement activity by new hires.
Taxes are assessed at the end of an audit; if taxpayers
disagree with the assessment, they can appeal and continue to
litigate. The length of each step depends on the complexity
of the case. CBO estimates that an audit of medium complexity
would take 24 months to complete. That time, combined with
the expected training time for an experienced new hire,
suggests that the IRS would begin to collect revenues 30
months after the new hire joined the agency. (The timing
would be longer when cases were more complex or when the
taxpayer did not agree to the assessment and appealed.)
what is incorporated into cbo's estimate
CBO's estimate of the change in revenues is relative to the
amount of revenues collected under current law (which is
reflected in CBO's baseline budget projections). Under
guidelines agreed to by the legislative and executive
branches, this change in revenues typically would not be
included in a cost estimate for legislation that brought
about the change, but it would be reflected in CBO's baseline
budget projections once the legislation was enacted. CBO's
estimate reflects the assumption that the proposed
increase in funding would follow the proposed expansion of
information reporting. Expanded information reporting
might allow the IRS to better target potentially
noncompliant taxpayers; it might also prompt taxpayers to
file more accurate tax returns. It might have a positive
effect on revenues collected, but it might also reduce the
ROIs from enforcement activities, because if returns are
more accurate, there will be less noncompliance to audit.
In CBO's and JCT's judgment, those effects roughly offset
each other, on net, resulting in a small positive effect
on ROIs.
CBO's estimate includes ``direct revenues'' and ``protected
revenues.'' Direct revenues are generated from the IRS's
auditing and collection efforts. Protected revenues result
when the IRS prevents a taxpayer from recouping previously
assessed and paid taxes--for example, when the IRS prevents
fraudulent refunds or disallows claims in taxpayers' amended
returns.
The estimate reflects CBO's expectation that the increased
enforcement activities would change the voluntary compliance
rate--that is, the share of taxes owed that are paid
voluntarily and on time--only modestly. The magnitude of that
effect is highly uncertain, however, and the empirical
evidence about the effects of audits on taxpayers' behavior
is inconclusive. Research about such deterrence finds varying
responses, depending on the type of taxpayer. People
generally increase their reported income in the years
following an audit, but people with higher income generally
do not, and neither do corporations. (For more discussion,
see Box 1 in CBO's July 2020 report Trends in the Internal
Revenue Service's Funding and Enforcement.)
how the current analysis differs from previous analyses
In that July 2020 report, CBO estimated that a $40 billion
increase in enforcement funding would raise $103 billion (for
a net effect of $63 billion). The methods used for this
estimate differ in several ways from the methods used for
that one.
First, CBO used updated ROIs that incorporated the IRS's
most recent estimates of the return on enforcement
activities. CBO then adjusted the ROIs to reflect both direct
revenues and protected revenues, increasing the peak ROI from
6.4 to 7.1.
Second, CBO's current methods allow for positive
interaction between enforcement spending and other IRS
funding. That is, CBO accounts for ways in which increased
capabilities, such as more digitization of
taxpayers' information and greater visibility of income
flows, can increase the productivity of enforcement
activities.
Third, this analysis reflects a longer time frame for
receiving enforcement revenues because of the complexity of
audits associated with high-wealth individuals, large
corporations, and partnerships. Taxpayers with greater
resources may be more likely to appeal assessments or to
litigate their disputes in the U.S. Tax Court, delaying the
receipt of assessed taxes. As a result, revenues from some
audits will not be received until later than CBO estimated in
its July 2020 analysis.
sources of uncertainty
The change in revenues resulting from an increase in the
IRS's funding could be different from CBO's estimate. It
depends on the IRS's ability to hire experienced candidates,
changes in voluntary compliance, and the interaction of
enforcement funding with the IRS's other capabilities.
The IRS intends to hire mid- and senior-level people with
private-sector experience who will not require a great deal
of training to become productive. But it might not be able to
hire its desired mix of candidates. If it hired less
experienced candidates, it would have to spend more resources
training them. Not only would they take longer to become
productive, but current staff members would have to devote
more time to training them. A related source of uncertainty
in CBO's estimate is attrition: If it proved higher than
expected, personnel would have fewer years at full
productivity.
An increase in the IRS's funding could signal that the
agency was more capable of detecting noncompliance, thus
increasing voluntary compliance and revenues. However, if
there were fewer noncompliant taxpayers to audit, the ROIs
from the IRS's enforcement activities would drop, and the
direct revenues from increased enforcement would be lower
than CBO estimated.
Finally, it is unclear how much the greater information
reporting or the increased IRS spending in areas other than
enforcement (such as technology) could improve examiners'
productivity. Greater nonenforcement spending might increase
overall revenues but decrease ROIs--for example, if improved
services for taxpayers enabled those taxpayers to more
accurately determine their tax liability, reducing the pool
of noncompliant taxpayers to audit.
effects on taxpayers
The proposed increase in spending on the IRS's enforcement
activities would result in higher audit rates than those
underlying CBO's baseline budget projections. Between 2010
and 2018, the audit rate for higher-income taxpayers fell,
while the audit rate for lower-income taxpayers remained
fairly stable. In CBO's baseline projections, the overall
audit rate declines, resulting in lower audit rates for both
higher-income and lower-income taxpayers. The proposal, by
contrast, would return audit rates to the levels of about 10
years ago; the rate would rise for all taxpayers, but higher-
income taxpayers would face the largest increase. In
addition, the Administration's policies would focus
additional IRS resources on enforcement activity aimed at
high-wealth taxpayers, large corporations, and partnerships.
CBO estimates that if the proposals were enacted, tax
compliance would be improved, and more households would meet
their obligation under the law.
Higher audit rates would probably also result in some
audits of taxpayers who would later be determined not to owe
additional taxes. However, the Administration's proposal for
more information reporting, as well as additional spending on
IRS technology, might reduce the burden on compliant
taxpayers by allowing the IRS to better target noncompliant
ones and to reduce the number of audits that resulted in no
change in tax assessment.
Mr. Speaker, I yield 1 minute to the gentlewoman from West Virginia (Mrs. Miller), a member of the Ways and Means Committee.
Mr. Speaker, I yield 2 minutes to the gentlewoman from California (Mrs. Steel).
Mr. Speaker, I yield 1 minute to the gentleman from Utah (Mr. Moore).
Mr. Speaker, I yield 1 minute to the gentlewoman from New York (Ms. Tenney).
Mr. Speaker, I yield 1 minute to the gentlewoman from Indiana (Mrs. Spartz).
Mr. Speaker, I yield 1 minute to the gentleman from Virginia (Mr. Cline).
Mr. Speaker, may I inquire how much time is remaining?
Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from Pennsylvania (Mr. Meuser).
Mr. Speaker, I yield 1 minute to the gentleman from Wisconsin (Mr. Grothman).
Mr. Speaker, I yield 1 minute to the gentleman from Texas (Mr. Fallon).
Mr. Speaker, I include in the record a CBO post from 2021 examining the Biden administration's $80 billion proposal and stating that ``CBO projects the proposal would make the IRS' budget more than 90 percent larger than it is in CBO's July 2021 baseline projections and would more than double the IRS' staffing.''
[From CBO Blog, Sept. 2, 2021]
The Effects of Increased Funding for the IRS
(By Phil Swagel)
Last month, the Congressional Budget Office published An
Analysis of Certain Proposals in the President's 2022 Budget.
Since then, CBO has completed its analysis of another
proposal in the President's budget, an increase in spending
for the Internal Revenue Service's (IRS's) enforcement
activities. CBO estimates that portions of the
Administration's proposal to increase funding for the IRS by
$80 billion over the 2022-2031 period would increase revenues
by approximately $200 billion over those 10 years. That
estimate does not include changes in revenues resulting from
portions of the proposal that involve new information-
reporting requirements and other changes to the tax code;
those changes are estimated by the staff of the Joint
Committee on Taxation (JCT).
The Proposal
The Administration proposes funding for the IRS that is $80
billion greater over 10 years than the amounts in CBO's July
2021 baseline projections (which reflect the assumption that
current laws generally do not change). Two types of funding
would be provided: discretionary appropriations, which would
mainly be used for enforcement activities; and mandatory
funding, which would be used for a variety of activities (not
only enforcement but also operations support, business-
systems modernization, and taxpayer services).
Spending would increase in each year between 2021 and 2031,
though the highest growth would occur in the first few years.
By 2031, CBO projects, the proposal would make the IRS's
budget more than 90 percent larger than it is in CBO's July
2021 baseline projections and would more than double the
IRS's staffing. Of the $80 billion, CBO estimates, about $60
billion would be for enforcement and related operations
support.
The Administration also proposes that financial
institutions increase their reporting about account inflows
and outflows. Part of the increased funding would support the
implementation of a new information-reporting system to be
used by those institutions. The resulting effects on revenues
are estimated by JCT and are not included in CBO's estimate
of an approximately $200 billion increase.
How CBO Estimates the Effect on Revenues of Increased IRS Funding
CBO's estimate of revenues is based on the IRS's projected
returns on investment (ROls) for spending on new enforcement
initiatives. The IRS estimates those ROls by calculating the
expected revenues that would be raised from taxes, interest,
and penalties as a result of the new initiatives and dividing
them by their additional cost. (The agency has provided ROls
over the past five years as part of its budget
justification.) The IRS's ROls ramp up over three years as
staff become trained and fully productive, arrive at the peak
level, and then stay there. In recent years, peak ROls have
ranged from 5 to 9. That is, a $1 increase in spending on the
IRS's enforcement activities results in $5 to $9 of increased
revenues.
CBO adjusts the ROls so that they better reflect the
marginal return on additional spending. First, CBO expects
the IRS to prioritize the enforcement activities that it
thinks will have the highest average return; additional
enforcement spending would therefore have lower returns than
previous spending. Second, CBO expects taxpayers to adapt to
the IRS's enforcement activities and adopt new ways of
evading detection, so an enforcement activity may have a
lower return in later years. Finally, the productivity of the
IRS's enforcement activities will also depend on the IRS's
other capabilities. For example, modernized information
technology that stored all of a taxpayer's information in
digital form could increase the productivity of examiners
(the employees who detect taxpayers' noncompliance).
CBO's estimate of revenues also accounts for the timing of
collections resulting from enforcement activity by new hires.
Taxes are assessed at the end of an audit; if taxpayers
disagree with the assessment, they can appeal and continue to
litigate. The length of each step depends on the complexity
of the case. CBO estimates that an audit of medium complexity
would take 24 months to complete. That time, combined with
the expected training time for an experienced new hire,
suggests that the IRS would begin to collect revenues 30
months after the new hire joined the agency. (The timing
would be longer when cases were more complex or when the
taxpayer did not agree to the assessment and appealed.)
What Is Incorporated Into CBO's Estimate. CBO's estimate of
the change in revenues is relative to the amount of revenues
collected under current law (which is reflected in CBO's
baseline budget projections). Under guidelines agreed to by
the legislative and executive branches, this change in
revenues typically would not be included in a cost estimate
for legislation that brought about the change, but it would
be reflected in CBO's baseline budget projections once the
legislation was enacted.
CBO's estimate reflects the assumption that the proposed
increase in funding would follow the proposed expansion of
information reporting. Expanded information reporting might
allow the IRS to better target potentially noncompliant
taxpayers; it might also prompt taxpayers to file more
accurate tax returns. It might have a positive effect on
revenues collected, but it might also reduce the ROIs from
enforcement activities, because if returns are more accurate,
there will be less noncompliance to audit. In CBO's and JCT's
judgment, those effects roughly offset each other, on net,
resulting in a small positive effect on ROIs.
CBO's estimate includes ``direct revenues'' and ``protected
revenues.'' Direct revenues are generated from the IRS's
auditing and collection efforts. Protected revenues result
when the IRS prevents a taxpayer from recouping previously
assessed and paid taxes-
for example, when the IRS prevents fraudulent refunds or
disallows claims in taxpayers' amended returns.
The estimate reflects CBO's expectation that the increased
enforcement activities would change the voluntary compliance
rate--that is, the share of taxes owed that are paid
voluntarily and on time-only modestly. The magnitude of that
effect is highly uncertain, however, and the empirical
evidence about the effects of audits on taxpayers' behavior
is inconclusive. Research about such deterrence finds varying
responses, depending on the type of taxpayer. People
generally increase their reported income in the years
following an audit, but people with higher income generally
do not, and neither do corporations. (For more discussion,
see Box 1 in CBO's July 2020 report Trends in the Internal
Revenue Service's Funding and Enforcement.)
How the Current Analysis Differs From Previous Analyses. In
that July 2020 report, CBO estimated that a $40 billion
increase in enforcement funding would raise $103 billion (for
a net effect of $63 billion). The methods used for this
estimate differ in several ways from the methods used for
that one.
First, CBO used updated ROIs that incorporated the IRS's
most recent estimates of the return on enforcement
activities. CBO then adjusted the ROIs to reflect both direct
revenues and protected revenues, increasing the peak ROI from
6.4 to 7.1.
Second, CBO's current methods allow for positive
interaction between enforcement spending and other IRS
funding. That is, CBO accounts for ways in which increased
capabilities, such as more digitization of taxpayers'
information and greater visibility of income flows, can
increase the productivity of enforcement activities.
Third, this analysis reflects a longer time frame for
receiving enforcement revenues because of the complexity of
audits associated with high-wealth individuals, large
corporations, and partnerships. Taxpayers with greater
resources may be more likely to appeal assessments or to
litigate their disputes in the U.S. Tax Court, delaying the
receipt of assessed taxes. As a result, revenues from some
audits will not be received until later than CBO estimated in
its July 2020 analysis.
Sources of Uncertainty. The change in revenues resulting
from an increase in the IRS's funding could be different from
CBO's estimate. It depends on the IRS's ability to hire
experienced candidates, changes in voluntary compliance, and
the interaction of enforcement funding with the IRS's other
capabilities.
The IRS intends to hire mid- and senior-level people with
private sector experience who will not require a great deal
of training to become productive. But it might not be able to
hire its desired mix of candidates. If it hired less
experienced candidates, it would have to spend more resources
training them. Not only would they take longer to become
productive, but current staff members would have to devote
more time to training them. A related source of uncertainty
in CBO's estimate is attrition: If it proved higher than
expected, personnel would have fewer years at full
productivity.
An increase in the IRS's funding could signal that the
agency was more capable of detecting noncompliance, thus
increasing voluntary compliance and revenues. However, if
there were fewer noncompliant taxpayers to audit, the ROIs
from the IRS's enforcement activities would drop, and the
direct revenues from increased enforcement would be lower
than CBO estimated.
Finally, it is unclear how much the greater information
reporting or the increased IRS spending in areas other than
enforcement (such as technology) could improve examiners'
productivity. Greater nonenforcement spending might increase
overall revenues but decrease ROIs--for example, if improved
services for taxpayers enabled those taxpayers to more
accurately determine their tax liability, reducing the pool
of noncompliant taxpayers to audit.
Effects on Taxpayers
The proposed increase in spending on the IRS's enforcement
activities would result in higher audit rates than those
underlying CBO's baseline budget projections. Between 2010
and 2018, the audit rate for higher-income taxpayers fell,
while the audit rate for lower-income taxpayers remained
fairly stable. In CBO's baseline projections, the overall
audit rate declines, resulting in lower audit rates for both
higher-income and lower-income taxpayers. The proposal, by
contrast, would return audit rates to the levels of about 10
years ago; the rate would rise for all taxpayers, but higher-
income taxpayers would face the largest increase. In
addition, the Administration's policies would focus
additional IRS resources on enforcement activity aimed at
high-wealth taxpayers, large corporations, and partnerships.
CBO estimates that if the proposals were enacted, tax
compliance would be improved, and more households would meet
their obligation under the law.
Higher audit rates would probably also result in some
audits of taxpayers who would later be determined not to owe
additional taxes. However, the Administration's proposal for
more information reporting, as well as additional spending on
IRS technology, might reduce the burden on compliant
taxpayers by allowing the IRS to better target noncom pliant
ones and to reduce the number of audits that resulted in no
change in tax assessment.
Mr. Speaker, I yield 1 minute to the gentlewoman from New York (Ms. Malliotakis).
Mr. Speaker, I yield 1 minute to the gentlewoman from Texas (Ms. De La Cruz).
Mr. Speaker, I yield 1 minute to the gentleman from New York (Mr. Lawler).
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise with concern about some of these points that have been raised. I think we have heard it from both sides that the IRS is not answering the phone like they should, to actually serve the taxpayers, taxpayers who want to do the right thing.
It is conceivable that there would be taxpayers overpaying as well because of the complexity in the tax code, and yet the record shows over the years that there have been innocent taxpayers, taxpayers who already paid what they owed, who were still audited and were considered guilty until they proved themselves innocent. To me, that is a huge problem.
We just heard that there is concern about the debt, and yet the answer is just more government employees, in fact, more than double of what the current number of employees are. I have huge concerns about that, and that is why I think we need to vote for this bill, get the President and the Senate to agree to this, and work together to focus on customer service issues that everyone knows are a concern at the
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I appreciate the conversation that we have had here. I think there is fundamental disagreement on what the real solutions need to be; although, I think there is agreement that the current customer service at the IRS is significantly underperforming.
Now, in 2019, in a bipartisan fashion, we passed the Taxpayer First Act. In fact, our highly respected colleague, the late Representative John Lewis, led the way on that, as well. This was about customer service and reform at the IRS. Were there benefits from that? COVID got in the way.
I think that does actually beg the question of what have been the impacts of COVID on customer service at the IRS.
Mr. Speaker, I am concerned that when there are resources afforded the IRS, they are just not used the way they can and should be, especially as it relates to customer service and the honest taxpayers that my colleague from Massachusetts references. We want to do everything we can when the American people are doing the right thing, for the right reasons, and abiding by the law. Yet they would still be exposed to having to prove themselves again after they already did with voluntary tax compliance. But here comes an audit. I vividly recall the fact that in the 1990s, the IRS, as an agency, overstepped.
In fact, I believe it was President Clinton that even pulled back the IRS somewhat because they were going after law-abiding, taxpaying Americans who already did everything they were supposed to do.
That certainly establishes my concern about why we would see legislation passed last year that would pretty randomly put forward funding that I think will ultimately get in the way of these taxpaying Americans who, like I said, already did everything they were supposed to do, but yet they have to incur the expense.
Mr. Speaker, I urge the passage of this bill for good public policy, and I yield back the balance of my time.