Form 8546 - Claim For Reimbursement Of Bank Charges Page 2
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1
2Instructions
Please complete all blocks. Write "NONE" if the block does not apply.
Use this form only for reimbursement of bank charges for:
2. records showing the bank charges caused by the erroneous
levy, the request for replacement of a lost or misplaced
1. an erroneous levy, or
check, or DDIA processing error on the part of the Service,
and
2. stopping payment on a check that the IRS lost or misplaced.
3. records showing that the bank charges have been paid.
3. Direct Debit Installment Agreement (DDIA) processing error
on the part of the Service.
Records to support your claim must include bank statements and
correspondence.
The claimants must sign this form. If the bank account involved
is a joint account, each owner on the account must sign the
If you have any questions about this claim, please contact the
Form 8546 as a claimant for erroneous levy. DDIA processing
IRS office that issued the levy or requested replacement of your
error claims on joint returns also require signature of both
check. The address is on your copy of the levy or the request for
spouses. However, an authorized agent or legal representative
a new check. If your questions relate to a Direct Debit Installment
can file and sign the claim if the claimant can't because of
Agreement, please contact the IRS at 1-800-829-1040 or mail
disability, death, or other acceptable reason. Include proof of
your questions to the address that you used to file your tax
authorization if the claim is being filed on behalf of someone.
return.
Claims must be made within one year of the date the claim
If IRS approves your claim, the money can be sent to your bank
accrues and are limited to $1,000. (See 31 USC 3723)
by electronic funds transfer (EFT), or we can send you a check.
Payment by EFT will be faster, safer, and more convenient for
Please attach verification of the amount you are claiming.
you. If you want us to pay your claim by EFT, we need the bank
Include any documentation you may have explaining or
information in items 6 through 10. The American Bankers
acknowledging the IRS error. Also, include:
Association (ABA) number (item 7) is the first nine digits in the
1. a copy of the levy (if the charges were caused by an
number at the bottom of your checks. If you have no checking
erroneous levy),
account, ask your bank what its ABA number is. If you do not
complete items 6 through 10, a check will be sent to you.
Internal Revenue Policy P-5-39
Reimbursement of Bank Charges Due to Erroneous Levy and Service Loss or Misplacement of Taxpayer
Checks, or Direct Debit Installment Agreement Processing Errors.
The Service recognizes that there are circumstances when an
(3) Prior to the levy, the taxpayer did not refuse (either orally or
erroneous use of its unique enforcement powers may cause tax-
in writing) to timely respond to Service inquiries or provide infor-
payers to incur certain bank charges. Taxpayers who incur bank
mation relevant to the liability for which the levy was made.
charges due to an erroneous levy or a Direct Debit Installment
The following criteria must be present in all lost check cases:
Agreement (DDIA) processing error on the part of the Service
may file a claim for reimbursement of those expenses. Bank
(1) The Service acknowledges it lost or misplaced the check
charges include a financial institution's customary charge for
during processing;
complying with the levy instructions as well as charges for
(2) the Service asks the taxpayer for a replacement of the pay-
overdrafts that are a direct consequence of an erroneous levy or
ment; and
DDIA processing error on the part of the Service. In addition,
there are times when a taxpayer's check may be lost or
(3) the Service is satisfied that the replacement payment has
misplaced in processing. When the Service asks for a
been received.
replacement check, the taxpayer maybe reimbursed for bank
The following criteria must be present in all DDIA processing
charges incurred in stopping payment on the original check. The
error cases.
charges must have been paid by the taxpayer and must not have
been waived or reimbursed by the financial institution. Claims
(1) The Service failed to act timely, took an incorrect or
must be filed with the District Director or Service Center Director
improper action, or a systemic failure caused the bank fees;
within one year after accrual of the expense.
(2) The taxpayer must not have contributed to the continuation
or compounding of the error that caused the bank fees; and
The following criteria must be present in all erroneous levy
cases:
(3) Prior to the processing error, the taxpayer did not refuse
(either orally or in writing) to timely respond to the Service’s
(1) The Service acknowledges the levy was erroneous;
inquiries or provide sufficient information for the DDIA processing
(2) The taxpayers must not have contributed to the
change to be made.
continuation or compounding of the error; and
In compliance with the Privacy Act of 1974, the following is provided.
Solicitation of the information is authorized by Title 31 USC
We may disclose the information on this form relevant to the
3723; 31 CFR 3.20 et seq. Disclosure of the information is
processing of your claim or to any court proceedings resulting
voluntary.
from your claim. We may give the information to the Department
of Justice for the purpose of seeking legal advice or recommend-
The principal purpose of this information will be for our internal
ing prosecutions for fraudulent claims or the making of false
use in processing your claim under 31 USC 3723, or for any
statements.
court proceedings which may ensue from the filing of this claim.
8546
Catalog Number 63488O
Form
(Rev. 2-2013)
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