The requirements for safeguarding the individual's information in the preceding sections of this chapter apply to all information from the IEVS (Income Eligibility Verification System).
The CAO will use the IEVS Electronic Data Exchange (EDX) only to obtain information about:
Applicants
Recipients
persons whose income and resources will be used to determine eligibility for assistance programs or benefit amount, or
legally responsible relatives of applicants and recipients
The CAO will give access to the IEVS and its information only to persons who need the information to determine eligibility and benefits or to process case actions. The CAO will store and process such information so that unauthorized persons cannot access it. See Using IEVS for complete IEVS procedures.
CAO employees are subject to stricter safeguarding requirements and more severe penalties for improper use or disclosure of tax information received through data exchanges with the IEVS SSA/ IRS Earning Reference File (Exchange 4) and Unearned Income files (Exchange 5).
CAO employees will not annotate in the record the source of the information. Electronic Data Exchange (EDX) work items from Exchange 4 and/or Exchange 5 will only be annotated as an IEVS "hit".
When requesting verification regarding hits on Exchanges 4 and 5 all fields on the PA 162VR should be completed prior to sending it to the client. To safeguard the information, the CAO must NOT refer to the information as being sourced from Exchange 4 or 5. In the ‘Source’ field of the PA 162VR, the CAO must enter “Electronic Data Source.” In the ‘Paid By’ field, the CAO must enter the name and address of the source or payer of the income. This may be an employer, bank or other sources identified on Exchanges 4 and 5.
The CAO will scan the properly prepared form into Imaging and it may be used as an exhibit in a hearing. The image description should clearly identify the entry as Confidential Federal Tax Information (FTI).
The PA 162VR can only be used in a hearing to argue that the client failed to provide verification to the CAO. It cannot be used as proof that an asset exists for eligibility purposes.
NOTE: This section’s requirements also apply to verification of tax information received from the income payer or from the individual applicant/recipient.
The CAO will disclose tax information only under these conditions:
To agencies or persons directly involved in administering the child support, TANF, MA, and SNAP benefit programs, or State and Federal employees involved in auditing these programs.
As part of verification, to the person identified as the applicant or payment name of the case, or to the person whose Social Security Number resulted in the income information being provided through IEVS, or to the payer of the income to the person.
To the individual (or their representative, with the individual's written permission) if the individual appeals a decision and asks for the tax information that was used to make the disputed decision.
To safeguard tax information, the CAO will:
Not print any tax information from IEVS
NOTE: The CAO is not prohibited from keeping copies of tax forms provided by the individual.
Restrict access of IEVS data to the authorized persons through the system registration process and follow the safeguarding procedures in this chapter.
Follow procedures for storing and destroying confidential case record materials when handling materials that have tax information. These materials must be destroyed in the CAO. See the DHS Administrative Manual, Section 704.2.
Any employee observing improper disclosure or inspection of IRS information must report it to the appropriate Special Agent-in-Charge, Treasury Inspector General for Tax Administration, (215) 861-1000. The hotline number is: 1-800-366-4484. The mailing address is:
Treasury Inspector General for Tax Administration
Ben Franklin Station
P.O. Box 589
Washington, DC 20044-0589
The sections of the Internal Revenue Code below establish the penalties for improper disclosures. These provisions appear on the IEVS screens and on printouts that contain tax information. Employees also receive a yearly notice about keeping tax information received through IEVS private.
Section 7213(a) – Makes the unauthorized disclosure or use of IRS information a crime punishable by a $5,000 fine and/or five years in prison.
Section 7431 – Permits a taxpayer to file a civil suit for damages in the United States District Court against a person who has made unauthorized disclosure, inspection or use of IRS tax information. This section also allows for punitive damages and costs in cases of willful, unauthorized disclosure or gross negligence.
Civil and criminal penalties apply to all DHS employees and DHS contractors and may be imposed even after a person leaves service.
Although employees may notify the Treasury Inspector General, each CAO must also have procedures to make sure employees who observe improper IRS disclosures also notify their immediate supervisor. The immediate supervisor will then notify the Executive Director, who will notify the Area Manager. The Area Manager will forward the information to the Treasury Inspector General’s office.
Revised October 24, 2023, replacing September 27, 2012