IRS Form 3949-A walkthrough (Information Referral)
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Purpose of the Form
Use Form 3949-A to report alleged tax law violations by an individual, a business, or both.
CAUTION: DO NOT USE Form 3949-A:
-If you suspect your identity was stolen. Use Form 14039. Follow “Instructions for Submitting this Form” on Page 2 of Form 14039.
-To report suspected misconduct by your tax return preparer. Use Form 14157. Submit to the address on the Form 14157.
-If your paid preparer filed a return or made changes to your return without your authorization. Instead, use Form 14157 AND Form 14157-A. Submit both to the address on the Form 14157-A.
-If you received a notice from the IRS about someone claiming your exemption or dependent. Follow the instructions on the notice. Do not complete Form 3949-A.
-To report an abusive tax avoidance scheme, promotion, or a promoter of such a scheme. Use Form 14242. Mail or FAX to the address or FAX number on the Form 14242.
-To report misconduct or wrongdoing by a tax exempt organization or its officers, directors, or authorized persons. Use Form 13909. Submit by mail, FAX, or email, according to the instructions on the Form 13909.
-Have information and want to claim a reward? Use Form 211, Application For Award For Original Information. Mail it to the address in the Instructions for the form.
Specific Instructions
Section A - Provide Information About the Person/Business You Are Reporting, if known.
Provide as much information as you know about the person or business you are reporting.
1. Complete if you are reporting an individual. Include their name, street address, city, state, ZIP code, social security number or taxpayer identification number, occupation, date of birth, marital status, name of spouse (if married), and email address. Include as much information as you know.
2. Complete if you are reporting a business. Include the business name, business street address, city, state, ZIP code, employer identification number (EIN), telephone number(s), email address, and website, if known.
Note: Complete both parts if you are reporting a business and its owner.
Section B - Use to Describe the Alleged Tax Law Violation(s)
3. Check all Tax Violations That Apply to Your Report.
False Exemption- Claimed persons as dependents they are not entitled to claim.
False Deductions- Claimed false or exaggerated deductions to reduce their taxable income.
Kickback- Received illegal payments or kickbacks in exchange for referring the business of a government agency or other business towards a company or for influencing business decisions that result in part of the payment for the business received or service performed being returned to the person who made the referral.
Wagering/Gambling- Did not report income received from wagering or gambling.
Failure to Withhold Tax- Individual or business did not withhold legally owed taxes from income paid to their employee(s), such as Social Security or Medicare taxes. Example: A business treated employees as independent contractors and issued Forms 1099, with no tax withheld, instead of a W-2.
Failure to File Return- Individual or business has not filed returns legally due.
Failure to Pay Tax- Individual or business has not paid taxes legally due.
Other- Describe in 5.
4. If your report involves unreported income, indicate the year(s) and the dollar amount(s).
5. Briefly describe the facts of the alleged tax law violation(s) as you know them. Attach another sheet, if you need more room.
6. Additional Information, if known. Attach another sheet, if you need more room.
Section C - Provide Information about Yourself
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Please feel free to check out our article, where we've written step by step instructions to help you walk through this tax form! www.teachmepersonalfinance.com/irs-form-3949-a-instructions/
wow. thanks
Your Awsome!!!
Thank you for sharing. I need some guidance 😊
Of course! I'm glad to be of help!
Can I email you? 😊
What is the % that the IRS end up looking into? Would say 50% of submissions get looked into
I do not know the exact percentage of submissions that the IRS looks into, but I imagine that all submissions are evaluated to some degree or another. Here is a link to the latest IRS publication (that I could find), with related statistics: www.irs.gov/pub/irs-pdf/p55b.pdf
Hi sir. Thank you in advance. Can we use this form for report employer if they denying return deposit for employee?
I'm not sure. Could you give me a little more detail about this situation so I can look into it?
@@teachmepersonalfinance2169 Hi sir. I am working for one of the the logistic company for 1099. The nature of the this job requires hold deposit by employer in case something wrong with load during the transportation. This deposit goes as a deductible for insurance in case something goes wrong and they holds deposit until employee leaves the company or until employee fired after some time employer should return that deposit. But in my case they deny to return deposit without reason.
Hi sir. I am working for one of the the logistic company for 1099. The nature of the this job requires hold deposit by employer in case something wrong with load during the transportation. This deposit goes as a deductible for insurance in case something goes wrong and they holds deposit until employee leaves the company or until employee fired after some time employer should return that deposit. But in my case they deny to return deposit without reason.
Can I use this form in my case? Appreciated your effort to help others. Best regards.
@@nsdpUser I'm not sure that this is a tax issue that the IRS can help you with. I'm not completely familiar with a job where employers are able to simply withhold part of your pay, even for liability purposes.
With that said, this might be more of an employment law issue, which I'm not qualified to handle. If this is a significant amount of money, you might consider talking with an attorney that specializes in employment law for your particular state.
Can someone litigate me on this? I’m not getting any direct answers online or im not looking correctly
Unfortunately, I'm not a tax attorney, so I cannot litigate anything. Is there a specific question that you're trying to answer?
@@teachmepersonalfinance2169 I wanted to do the form on small onlyfans models. I know most of them have lawyers. Can this process backfire on me?
What if someone took money for 15 years as “contribution” instead of rent and claimed zero on their taxes?
We shared the house with them. We’re related (if it matters). They took around $15k a year from us.
You could report them using this form since the IRS doesn't recognize 'contribution in lieu of rental income.' In Section B (Describe the Alleged Violation of Tax Law), you could check the box for unreported income.
What if it was the same tax preparer doing both our taxes? How far back would the IRS go?
The property was put into a trust recently in 2021. If they are found guilty of not reporting income, what might happen?
@@saraharce8213 I cannot attest as to what will happen, but the IRS can pursue a range of civil and criminal penalties. For filed tax returns, the statute of limitations can range, depending on several factors. This could take the form of fines and penalty payments for underreporting income, all the way to criminal prosecution for tax evasion, if the IRS determines that they committed fraud to hide their income.
Generally, there is a 3-year statute of limitations to assess tax, and there is a 10-year collection period. However, many factors can impact those limits (extend them). For cases involving tax fraud, there is no statute of limitations for civil cases.
I can't really say whether things would be different if you used two different tax preparers. I'm operating under the assumption that the tax preparer is doing their due diligence, and is not complicit in hiding any income.
Wow thank you for sharing. Excellent advice.
What if you are reporting a group of people? I need to report a touring band that pocketed 30k cash
You may need to report the band as a business, then list individual members in the comments section. You can also walk through the IRS 3949-A online tool to see if you should file a different form instead: apps.irs.gov/app/digital-mailroom/referrals/
What about self employed hiding money from child support
This tax form is to report suspected tax crimes to the IRS. With regards to child support, that's usually a state-managed issue, so the appropriate place to report child support evasion would be by reporting it to the appropriate child support office, either at the state or local level. From there, states usually have a wide variety of options, including (not in all states), reporting to the Treasury Department, under the Treasury Offset Program, or TOP. At that point, the Treasury Department may use federal resources to garnish money that would otherwise go to the person. For example, the IRS will garnish tax refunds under this program.
Feel free to read more here: www.teachmepersonalfinance.com/tax-topic-203/
@@teachmepersonalfinance2169 if he works under the table
How long does it take for the IRS to respond?
There's nothing in the form instructions or any IRS publications that I've found, which indicate a timeframe for the IRS to process this form. It probably differs based upon the complexity of the issue and who is assigned to investigate.
@@teachmepersonalfinance2169 can this form be used against a judge and District Attorney?.
@@user-qg3cd9qm1b You can use this form to report alleged tax law violations by an individual, a business or both.
Use this form to report alleged tax law violations:
-False exemptions or deductions
-Kickbacks
-A false or altered tax document
-Failure to pay or withhold taxes
-Unreported or unsubstantiated income
-Organized crime
-Failure to file a return
-Multiple filings or filing multiple returns
-Earned Income Credit violations
-Illegal wagering/gambling income
-Illegal drug income
-Public/political corruption
If a judge or district attorney committed one or more of these violations, then you can report them using IRS Form 3949-A.
@@teachmepersonalfinance2169 thank you. As you very well know they change the format of the tax forms to confuse people. I need help with the new 2023 1040 form. All of the samples I’ve come across of how to complete this for as an authorized representative of the fiction are Old and do not match. Do you have a step by step video or literature showing how to complete the new forms? Thank you
@@user-qg3cd9qm1b I don't have any videos on the Form 1040 itself. I do have videos and articles on almost every one of the Form 1040 schedules, and most of the tax forms that feed into the schedules or Form 1040 itself.
Do you have a specific question?