Tax Administration: IRS Should Take Steps to Improve the Accuracy of Schedule K-1 Data
Published: 2004-09-30T00:00:00

Fast Facts:

Highlights:
section_title: Why GAO Did This Study
paragraphs: Over a trillion dollars in income was distributed in tax year 2002 by flow-through entities, such as partnerships, subchapter S corporations, and trusts, to their partners, shareholders, or beneficiaries, respectively. The Internal Revenue Service (IRS) estimates that from 6 to 15 percent of such income is unreported on individual tax returns. This income is reported to both IRS and to the recipients on a Schedule K-1 (K-1). IRS uses K-1 data in its document-matching program to identify noncompliance and for other purposes. GAO was asked to (1) assess the accuracy of K-1 data, specifically transcription errors and taxpayer identification numbers (TIN); (2) determine whether any limitations in the availability or accuracy of K-1 data have affected IRS's ability to identify noncompliance; and (3) identify the benefits and challenges of increasing e-filing of K-1s.
section_title: What GAO Found
paragraphs: The accuracy of paper-filed K-1 data is reduced by transcription errors; paper and e-filed K-1s have inaccurate TINs. IRS estimates that transcription errors for tax year 2002 ranged from 5 and 9.5 percent and is taking steps to address such errors. Although e-filed K-1s do not require transcription, for tax year 2002, the percentage of invalid TINs for e-filed K-1s and paper-filed K-1s were comparable (7 and 6 percent, respectively). Due to potential burden on flow-through entities and resource constraints, IRS does not notify the entities of invalid TINs on K-1s for correction. If IRS did so, this would likely give e-filing entities enough time to correct invalid TINs before IRS runs its document-matching program. Inaccurate or limited K-1 data have created problems for IRS researchers and examiners. IRS research staff indicated that inaccurate TINs adversely affected their analysis of flow-through entity networks. Further, because IRS captures limited data from flow-through entity returns, including the K-1, IRS staff lack data they consider helpful, such as "Other Income" to help identify tax shelters. In at least 40 percent of closed examination cases we sampled, IRS examiners found errors with return line items not entered into IRS's databases when returns are received. If these lines were available up front, researchers say they would be able to better identify returns with potential noncompliance. Increased e-filing of K-1s would provide benefits and challenges to both IRS and taxpayers. Benefits for IRS include faster, more complete information and millions in annual cost reductions. Benefits for taxpayers include fewer IRS contacts with them because IRS would have more accurate information in its systems. The primary challenge for IRS is its current inability to electronically process all flow-through entity returns and related forms, including the K-1. For taxpayers, the primary challenge is the cost of converting from paper to e-filing.

section_title: Letter
paragraphs: Over a trillion dollars in income was distributed in tax year 2002 by entities  such as partnerships, subchapter S corporations (S-Corp), and trusts that  distribute net income—as well as losses—to partners, shareholders, and  beneficiaries.  Such entities, called flow-through entities, are required to  report distributed income annually to the Internal Revenue Service (IRS)  on a Schedule K-1, thus providing IRS with a way to determine whether  individuals are reporting the income on tax returns.  IRS estimates that  from 6 to 15 percent of such income is unreported on individual tax  returns.  In addition, IRS is concerned about flow-through entities claiming  improper expenses or otherwise being used to evade tax liabilities.  Thus,  IRS is concerned both with potential noncompliance by individuals who  fail to properly report income from flow-through entities and by flow- through entities themselves, which ultimately leads to improper income  reporting by individuals as well.
Schedule K-1s are one of several forms and schedules included in the  annual return filed by a flow-through entity.  Partnerships with more than  100 partners are currently required by law to file their annual returns,  including all Schedule K-1s, electronically.  Those with 100 partners or  less, as well as S-Corps and trusts, are not required to do so.
The annual returns of flow-through entities are used to report the income,  deductions, gains, losses, and so forth of the respective entities.  These  returns, including the K-1s, enable IRS to identify compliance issues that  may require an examination of the flow-through entities’ books and  records.  Further, during 2001, IRS began matching K-1 information with  information included on individual tax returns to identify potential  underreporting of income by individuals.  To use K-1 information not filed  electronically in its document-matching program, IRS must first transcribe  the data for use in its computer systems. As reported in 2003, this is a costly  and error-prone process that can result in taxpayer burden.
Because of concerns about IRS’s ability to effectively use K-1 data to detect  noncompliance, you asked us to assess IRS’s current use of this  information.  Specifically, our objectives were to (1) evaluate the accuracy  of K-1 data used by IRS, specifically transcription errors and invalid TINs;  (2) determine whether any limitations in the availability or accuracy of K-1  data have affected IRS’s ability to identify noncompliance; and (3) describe  the benefits and challenges of increasing electronic filing (e-filing) of K-1s.
To meet our first objective, we discussed and obtained estimates from IRS  staff concerning the type of IRS transcription errors for paper-filed K-1s.   We also assessed IRS’s procedures related to the processing and  transcription of K-1 information.  In addition, we obtained and analyzed the  IRS K-1 database for tax year 2002 to identify, among other things, the size  and type of entities that file K-1s, the frequency of inaccurate taxpayer  identification numbers (TIN) included on these schedules, and the amount  of income associated with inaccurate TINs.  On the basis of our data  reliability review of IRS’s K-1 database, we determined that the data were  sufficiently reliable to enable us to identify the extent to which K-1s have  invalid TINs.
To address our second objective, we determined what portion of flow- through entities’ returns, including K-1s, is transcribed by IRS.  We also  discussed with IRS staff and research consultants from MITRE  Corporation how IRS currently uses K-1 information and whether and how  data availability and accuracy affect their ability to use these data.  We also  reviewed a projectable sample of partnership and S-Corp closed  examination files to determine the compliance issues IRS identified, the  related line items that were adjusted, and whether having additional K-1  line items available would help to identify potential noncompliance.  We  subsequently discussed our findings with IRS classification and  examination staff.
To meet our third objective, we discussed with both IRS officials and  officials from seven organizations that represent the taxpayer community  the costs, benefits, and challenges of requiring increased e-filing of K-1s.   We selected the organizations based on prior GAO knowledge and referrals  from some of the organizations that we contacted. We also contacted the  software companies that offer e-filing for flow-through entities to obtain  their current fees for preparing and e-filing flow-through entity returns,  including K-1s.
Our work was done from May 2003 through August 2004 in accordance  with generally accepted government auditing standards.  (App. I describes  our overall objectives, scope, and methodology.)
subsections: section_title: Background
paragraphs: Partnerships, S-Corps, and trusts are commonly referred to as flow-through  entities, as they do not generally pay taxes on income.  Instead, they  distribute net income—as well as losses—to partners, shareholders, and  beneficiaries, respectively, who are subsequently required to report the net  income or loss on their individual tax returns and to pay any applicable  taxes.  Distributed income is reported to IRS on a K-1, which is included in  the annual return filed by the flow-through entity. Copies of the Schedule K- 1 are provided to partners, shareholders, and beneficiaries for use when  filing their respective annual returns.  Partners receive a Form 1065  Schedule K-1, “Partner’s Share of Income, Credits, Deductions, etc.”;  shareholders receive a Form 1120S Schedule K-1, “Shareholder’s Share of  Income, Credits, Deductions, etc.”; and beneficiaries receive a Form 1041  Schedule K-1, “Beneficiary’s Share of Income, Deductions, Credits, etc.”
As shown in figure 1, as part of its overall underreporter program, IRS has a  specific K-1 document-matching program in which selected K-1  information reported by flow-through entities is compared to information  reported by individuals on their tax returns in order to determine whether  distributed income has been reported as required.
In like manner, income reported to IRS on a K-1 by S-Corps and trusts can  be matched with income reported on tax returns by shareholders and  beneficiaries, respectively. The purpose of this program is to increase  voluntary reporting of flow-through income by taxpayers and to target K-1  related underreporter notices to noncompliant taxpayers.  IRS identified  about $4.1 billion in underreported income for tax years 2000 and 2001 via  the K-1 matching program and assessed about $110 million in additional  taxes.
In addition to use in the matching program, IRS can also use K-1  information to aid in selecting flow-through entity returns for examination.   For example, IRS can use K-1 information to aid in identifying flow-through  entities involved in potential tax evasion schemes and to develop computer  models that may enable IRS to more effectively select returns for  examination with the greatest likelihood for a tax change.
In order for IRS to use K-1 information in its matching program, the  information must either be e-filed by a flow-through entity or, if filed via  paper, transcribed by IRS staff for use in its computer systems.  Currently,  only partnerships with over 100 partners are required by law to e-file their  annual returns, including any related K-1s.  As a result, for tax year 2002,  less than one-quarter of 1 percent of partnerships was required to e-file.
Figure 2 illustrates that an e-filed K-1 goes through two basic steps before  the information is input into the Information Returns Master File (IRMF).   At Step A, the K-1 undergoes up-front checks prior to final acceptance by  IRS, whereby the K-1 data must pass specific checks or the entire flow- through entity return is to be rejected until corrected by the entity.  The up- front checks include verifying the tax year and proper formatting of names,  addresses, and TINs. For example, the partner’s TIN on a K-1 filed by a  partnership must be within a specific range established by IRS; if not, the  entire partnership return is to be rejected.  The only other step for an e-filed  K-1 prior to its going through IRS’s document-matching program is the TIN  validation process, in which the TIN and name on the K-1 are electronically  matched with information in IRS’s files to determine whether the TIN is  valid.  Generally, this validation occurs several months after IRS accepts  the e-filed return.
In contrast, a paper-filed K-1 goes through several manual steps, including  some of the up-front checks conducted electronically for e-filed K-1s,  before TIN validation takes place and the information can be input into the  IRMF.  These steps, particularly transcription, can take up to 6 months to  complete, with transcription beginning in May.  For example, at Step 4, IRS  staff are to edit the flow-through entity return and contact the taxpayer if a  required K-1 is missing.  At Step 8, IRS staff are to transcribe selected K-1  line items. During the transcription process, the computer conducts checks  on select aspects of the keypunched data, such as correlating zip code and  state information, and creates an error record for correction. Subsequently,  other IRS staff are to compare a sample of the transcribed K-1 data to the  original paper-filed K-1 to determine whether the data were accurately  transcribed. The TIN on a paper-filed K-1, as on an e-filed K-1, is not  computer validated until it reaches the stage where electronic TIN  validation occurs, generally several weeks or months after the return was  filed.
IRS’s program to electronically validate TINs matches the TIN and name on  the K-1 to taxpayer identity information in its files.  If there is no match, IRS  will attempt to “perfect” or correct an incorrect TIN/name combination via  a TIN validation process, which entails matching the TIN and name  control—the first four characters of an individual’s last name or the first  four characters of a business name—with (1) a file which contains all  Social Security numbers (SSN) ever issued and all name controls ever  associated with them and (2) a file that contains all employer identification  numbers (EIN) ever issued and all name controls associated with them.   This TIN validation process occurs four times per year, beginning about a  month and a half after the end of the filing season.
section_title: Data Transcription Errors and Erroneous TINs Reduce the Accuracy of K-1 Data
paragraphs: Data transcription errors made by IRS on paper-filed K-1 data and invalid  TINs submitted by flow-through entities on both paper-filed and e-filed K-1s  lower the accuracy of K-1 data.  IRS transcription errors, which occur only  for paper-filed K-1s, ranged from 5 to 9.5 percent for tax year 2002, and IRS  is taking steps to reduce these errors. The percentage of invalid TINs for e- filed K-1s is comparable to that for paper-filed K-1s. However, due to  potential taxpayer burden and resource constraints, IRS is not notifying  flow-through entities of invalid TINs so they can take corrective actions, a  step which would likely give e-filing entities enough time to correct many  invalid TINs before IRS runs its document-matching program.  Paper-filing  entities may not have sufficient time to correct invalid TINs before  document matching occurs.
subsections: section_title: Data from Paper-Filed K-1s Contain Transcription Errors, but IRS Is Taking Steps to Reduce These Errors
paragraphs: According to IRS K-1 quality reviews conducted at two IRS locations, the  overall K-1 transcription error rate for tax year 2002 ranged from 5 to 9.5  percent—errors that by definition are not made in e-filed returns. The most  frequent errors dealt with names and addresses. IRS also found  transcription errors in dollar amounts and TINs. Errors detected during  quality reviews are corrected before the K-1s are posted to the IRMF, which  IRS uses to detect potential underreporters and nonfilers. However, less  than 2 percent of all K-1s are selected for the K-1 quality review.  Transcription errors on all other K-1s are included when the data are  posted to the IRMF. Consequently, data from an estimated 18 million tax  year 2002 paper K-1s that were entered into databases used by IRS for  research and enforcement purposes have transcription error rates from 5  to 9.5 percent. For example:  IRS’s K-1 database for tax year 2002 included 16 paper-filed K-1s each of  which showed interest income of over $1 billion.  These interest income  amounts appeared to be transcription errors. One partnership filing  paper K-1s had 73 partners. For 72 of the partners, the K-1 interest  recorded in the IRMF was under $200,000. The remaining partner’s  interest as recorded in the IRMF was $85.3 billion.
According to an IRS data quality review of tax year 2001 K-1 document- matching cases, about 5 percent of the cases that were either screened  out before taxpayers were contacted or resulted in no change to  taxpayers’ tax liabilities after an erroneous underreporter notice was  sent to the taxpayer were due to transcription errors.  The transcription  errors included misplaced decimal points and positive money amounts  that were transcribed as negative numbers and vice versa.
According to IRS officials, it would be too costly to do more data  transcription quality review of paper-filed K-1s, such as reentry of K-1 data.  Instead, IRS is taking other measures to improve K-1 data accuracy. For  example:  For tax year 2003, IRS began scanning all K-1s using optical character  recognition (OCR) equipment.  Also, for tax year 2003, IRS is accepting  K-1s with bar codes that contain all the K-1 data. If the bar code is  present, the system will pick up the information from the bar code,  otherwise the system will image the K-1 and read the line entries using  OCR. Portions of the K-1 or bar code that cannot be read by OCR are  manually transcribed. Although IRS originally projected 30 percent of K- 1s would be bar coded in tax year 2003, as of July 2004 only 8 percent of  K-1s submitted were bar coded. For the 92 percent of K-1s without bar  codes that OCR read, almost 20 percent required no transcription, 60  percent required less than half of normal transcription, and 20 percent  were entirely transcribed. Although bar coding and OCR bypass most of  the manual data transcription, which reduces some data transcription  cost and errors, IRS officials still prefer e-filing because bar coding is a  paper process with accompanying processing costs.
To improve the accuracy of transcription, IRS has implemented new  software and improved transcription training. At two IRS locations, IRS  is using a new transcription software intended to increase transcription  productivity and accuracy, compared to the current transcription  software. In addition, transcription training for the K-1 program has  evolved. Each year, feedback is funneled to the IRS transcription  trainers to improve the K-1 transcription process.
IRS is redesigning the K-1s for both partnerships and S-Corp returns so  that IRS can scan them into the computer instead of having to transcribe  the data manually. Although the redesigned partnership and S-Corp K-1s  are expected to be ready by tax year 2004, the redesigned trust K-1 will  not roll out until tax year 2005 because trust law makes the trust K-1  different from the other two K-1s.
IRS is conducting educational outreach to increase accurate K-1 filing  and provide updates to changes in K-1 design. In April 2004, IRS issued a  news release to provide tips for businesses, individuals, and tax  professionals on accurate K-1 filing. For example, flow-through entities  are instructed to ensure the correct TINs are used on K-1s. In addition,  the six IRS Tax Forums in 2004 include a session on reporting flow- through items, which addresses the redesign of K-1 forms and K-1  reporting reminders. IRS has also included updates on the K-1 matching  program and K-1 redesign in external speeches to stakeholder groups.  Finally, in late 2004, IRS plans to implement a multifaceted  communication plan to publicize the release of the redesigned K-1s.
section_title: IRS’s K-1 Data Contain Incorrect Taxpayer Identification Information
paragraphs: For IRS to use K-1 data in its document-matching program, the TINs and  names on K-1s need to be accurate so they can be linked to individuals’ tax  returns and other tax documents. In tax year 2002, about 94 percent of 24  million K-1s that IRS processed contained valid TINs. The remaining 6  percent, or approximately 1.5 million K-1s, had invalid TINs because either  IRS made transcription errors or the flow-through entities submitted  invalid data. The 1.5 million K-1s with invalid TINs had combined income  gains of $57.3 billion and combined income losses of $84.1 billion.  IRS was  able to correct the invalid TINS on about 750,000 of the K-1s, with income  gains totaling $20.6 billion and incomes losses totaling $6.8 billion, so that  they could be used in IRS’s document-matching program or for other  compliance and research purposes.  However, the remaining 740,000 K-1s  with invalid TINs, with income gains of $36.6 billion and incomes losses of  $77.2 billion, could not be perfected and thus were unmatchable. IRS did  not have data on the number of K-1s that had either corrected or  unmatchable TINs in the IRMF that resulted from transcription errors.
section_title: IRS Does Not Notify Flow- Through Entities of Invalid TINs That It Was Unable to Correct
paragraphs: After IRS checks the validity of TINs provided on K-1s, it does not notify  either paper-filing or e-filing flow-through entities of the invalid TINs it  finds so the entities can take steps to correct the TINs, due to concerns  about the potential burden on the entities and resource constraints.   Because e-filed returns do not go through time-consuming paper  processing steps, including transcription, if IRS were to notify the  originating entities of invalid TINs, they should have time to correct invalid  K-1s before IRS performs its document matching in the fall following a tax  filing year.  For paper-filed K-1s, many entities likely could not respond  before the document matching occurs.
Because e-filed K-1s are not subject to transcription errors, none of the  keypunching errors associated with paper returns are in e-filed data.  However, as table 1 shows, in tax year 2002 the overall percentage of  invalid K-1 TINs IRS found with its TIN validation program was comparable  for e-filed (about 7 percent) and paper (6 percent).
Factors that may be contributing to e-filed K-1s having TIN errors  comparable to those of paper K-1s include (1) large partnerships, which are  mandated to file K-1s electronically, submitting such large volumes of K-1s  that many may unknowingly submit one or more K-1s with invalid TINs  and (2) IRS not applying one of its up-front checks for e-filed partnership K- 1s.
According to our analysis of IRS’s K-1 database, partnerships that submit a  higher volume of K-1s are more likely to submit a K-1 with an invalid TIN  compared to partnerships that submit only a few K-1s. In tax year 2002, e- filed partnerships’ K-1s had the highest rate of invalid TINs (8.7 percent).   That same year, 97 percent of the partnerships with more than 100 partners,  which are required to e-file, submitted at least one K-1 with an invalid TIN.  In contrast, 18 percent of partnerships with 100 or fewer partners  submitted at least one K-1 with an invalid TIN.
To encourage electronic filing of partnership returns, IRS is not applying its  up-front check that would reject an e-filed partnership’s return if it has even  one TIN on a K-1 that falls outside the range of numbers associated with  SSNs and EINs. If IRS applied this validation criterion in tax year 2002, 12  percent of the e-filed partnership K-1s with unmatchable TINs would have  been rejected and the originating entities would have been asked to take  steps to correct the TINs.  However, some partnerships have hundreds or  thousands of partners, making it more challenging for them to ensure that  all partners’ TINs are correct. IRS officials have determined that accepting  an e-filed return when the vast majority of the K-1 TINs fall within the range  of numbers associated with SSNs and EINs, rather than rejecting the entire  entity return due to one or a few TINs that fall outside that range, promotes  e-filing.
In addition, IRS does not notify either e-filing or paper-filing flow-through  entities if submitted TINs are found to be invalid during the TIN validation  checks it performs subsequent to accepting entities’ returns.  In tax year  2002, more than half of the K-1s submitted by 2 percent of the flow-through  entities contained invalid TINs.  The total number of unmatchable K-1s  submitted by these entities represented about 29 percent of the total  number of K-1s with unmatchable TINs. IRS officials said that requiring  flow-through entities to correct invalid TINs could be a burden because the  entities rely on information supplied by individual taxpayers and the  correct TINs may not be readily available, particularly for those entities  submitting a large number of K-1s.  In contrast, IRS does notify filers of  missing or invalid TINs submitted on other types of information returns,  which then may require the filers to contact third parties for corrected  information. For example, for tax years 2000 and 2001 combined, IRS  proposed just over $204 million in penalties against nonfederal payers for  information returns with invalid TINs.  IRS officials acknowledged that  flow-through entities may have made mistakes themselves that resulted in  invalid TINs or may have the correct information on hand.  They also stated  that sending such notices would entail some additional cost to IRS and that  they currently face resource constraints.  However, IRS officials do not  have estimates of either the potential benefits, such as increased revenue  obtained from document matching utilizing accurate TINs, or the cost to  IRS of obtaining valid TINs from flow-through entities.
If IRS were to notify flow-through entities of invalid TINs and ask that they  take steps to correct the TINs, it likely would be able to receive many  corrected TINs, particularly from e-filers, in time for its annual document- matching program.  IRS does its document matching generally from  November of the calendar year through January of the following year.  The  time when document matching occurs changes somewhat from year to  year.  IRS corrects TINs, including K-1 TINs, four times a year: at the end of  June, early September, mid-November, and late November. Based on the  IRS’s 2001 Statistics of Income samples, at least 97 percent of partnerships  and S-Corps filed calendar year returns. Consequently, all of these returns  were due to be filed prior to IRS’s first TIN validation check in June. Since  IRS accepts e-filed returns within 2 days of their submission, all e-filed  returns for which filers have not requested extensions should be available  for IRS’s June TIN validation program.  In this case, IRS would be able to  notify the flow-through entities of the invalid TINs and the entities would  have several months to correct the TINs and get them back to IRS before  IRS posts the corrected K-1s to the IRMF in time for use in the document- matching program. Even if a flow-through entity did not submit the  corrected TIN in time, the entity would be aware of the error and could  correct the TIN for the following year.
For paper-filing flow-through entities, fewer entities likely would be able to  correct invalid TINs in time for inclusion in the document-matching  program.  Transcription of paper-filed entity returns, including K-1s, begins  in May.  Because transcription can take up to 6 months, a significant  portion of paper-filed entity returns and associated K-1 TINs likely would  not be available for the June TIN validation.  For those not available until  the early September TIN validation, the entities would have much less time  to correct TINs and get back to IRS in time for IRS to include the corrected  TINs in the document-matching program.  Because IRS’s new return  scanning and bar-coding efforts should make paper-filed return data  available more quickly, IRS may be able to include more of them in the June  TIN validation and thus provide entities sufficient time to provide  corrected TINs if it sends notices of invalid TINs to flow-through entities.
section_title: K-1 Data Accuracy and Availability Pose Problems in Research and Examination Efforts
paragraphs: In addition to using K-1 data in its document-matching program, IRS is  using K-1 data in its research programs to better understand flow-through  relationships.  When data such as TINs are unavailable or inaccurate,  researchers are unable to establish a complete understanding of the  network of related entities and taxpayers.  Data limitations have also  affected IRS’s efforts to identify potentially noncompliant taxpayers for  examination.  IRS researchers and examination staff indicated that more  complete and accurate data would enhance their efforts to detect  noncompliance.
subsections: section_title: Inaccurate TINs Affect Research Efforts to Link Related Entities
paragraphs: IRS researchers are using K-1 data to visualize how taxpayers are related to  different entities and to evaluate whether compliance issues may exist with  flow-through entities.  However, inaccurate TINs have sometimes  prevented researchers from establishing all relevant links in a network of  related entities.  As a result, IRS is less able to track the flow of income and  losses among entities and could be missing opportunities to address areas  of noncompliance.
Figure 3 illustrates how inaccurate TINs may prevent IRS from tracking the  flow of income through a chain of financial transactions.  In this example,  an S-Corp distributes losses to an individual shareholder, possibly to allow  the shareholder to offset other gains, and distributes income to another  shareholder, a trust.  Since trusts are flow-through entities and may be  nontaxable, the individual shareholder may be using the trust to reallocate  income (perhaps to someone in a lower tax bracket) that would otherwise  need to be reported and taxed on that individual’s return.
In our example, the S-Corp transfers income to Trust A, which in turn  transfers the income to Trust B.  In both transactions, the S-Corp and Trust  A submit K-1s with accurate TINs to IRS, so IRS can track the flow of  income between the entities.  Trust B then transfers the income again to  Trust C and submits a K-1 with an inaccurate TIN to IRS.  Because of the  inaccurate TIN on the K-1, IRS would likely be unable to identify that Trust  C is related to the other entities or track the flow of income to its final  destination and ultimately determine whether any income was  underreported.
section_title: Limited Transcription Lines Do Not Fully Meet the Needs of Examination and Research Programs
paragraphs: IRS transcribes limited line items from K-1s that accompany partnership  and S-Corp returns.  According to IRS staff, at least some of the  nontranscribed lines would provide useful information.  Similarly, IRS does  not transcribe many of the lines from the flow-through entity’s return to  which the K-1s are attached.  Since e-filing of the full entity’s return is part  and parcel of achieving e-filing of K-1s, e-filing of K-1s would have the  additional effect of making the complete entity’s tax return information  available to IRS examiners and researchers.  Complete entity data also  would provide useful information for research and examination purposes.   For K-1s, IRS identified the line items to be transcribed based on the needs  of its document-matching program and not on other potential uses.
Regarding K-1s, IRS transcribes about 14 percent of partnership K-1 line  items and about 17 percent of S-Corp K-1 line items.  Research and  examination staff indicated that the nontranscribed information would  provide useful information.  For example:  The “Other Income/(Loss)” line is not captured from the K-1 because it  is not useful for document matching, but it can be helpful to researchers  in identifying abusive shelters, for example, where the gain is allocated  to a tax haven country and the loss is allocated to a domestic investor.
Transcribing the shareholder’s ownership percentage from the K-1  would more easily allow classifiers to determine if the taxpayer has a  controlling interest in the S-Corp and if income/losses are distributed  evenly.
Regarding the flow-through entity’s return, IRS currently transcribes about  23 percent and 20 percent of the line items for partnership and S-Corp  returns, including the K-1, respectively.  As discussed below, additional  data from the full entity return would potentially benefit examination and  research programs.  For example:  The IRS Examination Guide for Abusive Tax Shelters and  Transactions lists partnership (Form 1065) and S-Corp (Form 1120S)  tax return lines that when examined with other information, may  indicate tax shelter transactions.  For partnership returns, about 80  percent of the line items listed in the guide as useful to detect tax  shelters are not captured in IRS’s database.  For S-Corp returns, about  87 percent of line items listed are not captured.  When selecting returns  to be examined, IRS classifiers who focus on tax shelter issues lack  information that may identify taxpayers most likely to be using tax  shelters.
IRS researchers developed a computer model to better identify S-Corp  returns for examination by helping classifiers separate accurate returns  from those needing further investigation.  The model uses data from  IRS’s database of business returns, including Form 1120S and  accompanying schedules.  From the approximately 23,000 returns that  the model analyzed, IRS identified about 58 percent of the returns as  having low potential for noncompliance and therefore eliminated them  from the universe that might be examined. The remaining 42 percent of  returns could not be classified because the model did not have enough  data to evaluate them.  As a result, IRS has continued to rely on  examination staff who focus on S-Corp compliance issues to manually  review the returns that the model has not been able to classify.  To help  address the lack of 1120S data, IRS will be capturing 10 additional line  items from the 1120S for tax year 2003.  One IRS researcher estimated  that the 10 additional 1120S line items would enable the computer  model to identify 15 S-Corp compliance issues compared to its current  capability of identifying 2 compliance issues.
From our file review of closed S-Corp and partnership tax return  examination cases and discussions with IRS examination and research  staff, we also found that additional line items from the K-1 and other parts  of the entity’s return may assist IRS in selecting tax returns to examine.   Based on our sample of closed examination cases, in at least 40 percent of  the examinations, IRS corrected line items that are currently not  transcribed.  IRS examination and research staff we interviewed indicated  that if IRS captured this information and made it available to them, it would  help them identify those returns with errors or omissions that IRS should  examine.  Most of the nontranscribed line items that were corrected were  from Schedule A (Cost of Goods Sold) and Schedule K (Partners’ Shares  of Income, Credits, Deductions, etc., or Shareholders’ Shares of Income,  Credit, Deductions, etc.) for both partnerships and S-Corps.  IRS identified  two of these line items, both from Schedule K and K-1, as important for  improving the effectiveness of computer modeling and mentioned other  nontranscribed lines, such as “Short Term Capital Loss,” from the entity  return that would be useful.
section_title: Increasing E-Filing of K-1s Would Provide Benefits and Challenges for IRS and Taxpayers
paragraphs: Increasing e-filing of K-1s provides benefits and challenges for IRS and  taxpayers. The benefits for IRS are faster and more comprehensive  information as well as cost reductions. The benefits to taxpayers are the  receipt of acknowledgment notices, faster rejection notices that allow  taxpayers to resolve problems faster, and more accurate information.  Currently IRS’s main challenge is the lack of complete e-filing capacity, but  IRS is scheduled to have this capacity by 2007. The main challenge for  taxpayers is the cost of converting from paper to e-filing. However, limited  data indicate that most K-1s are computer generated, which is a  prerequisite for e-filing. Also, all of the software companies that offer e- filing that disclosed their fees (about half of those we contacted) do so for  less than a dollar per K-1 or for no additional charge. Congress has  mandated that IRS increase e-filing to at least 80 percent of all tax and  information returns by 2007. Currently, both IRS and Congress are  considering increasing mandatory e-filing of flow-through entity returns.
subsections: section_title: Increasing E-Filing of K-1s Would Provide Better Information and Cost Reductions for IRS
paragraphs: Currently, IRS electronically receives about a quarter of the K-1s filed,  although only partnerships with more than 100 partners are mandated to e- file. Increasing e-filing of K-1s would benefit IRS because of the following:  E-filing K-1s provides IRS with faster and more complete information for  use in compliance and research programs. A recent Treasury Inspector  General for Tax Administration (TIGTA) report stated that the savings in  processing time resulting from e-filing would significantly affect IRS’s  attempt to reduce its lengthy corporate examination process. In addition,  the TIGTA report stated that comprehensive electronic information would  minimize the number of no change audits by enabling IRS to better target  resources to issues that have the greatest compliance risk.
E-filing K-1s would save IRS millions of dollars a year because it would  eliminate the processing and transcription costs of paper K-1s.  According to IRS, the cost to process e-filed K-1s is minimal once the  systems are in place, while processing and transcribing paper K-1s cost  IRS $14.6 million in fiscal year 2001 and $13.1 million in fiscal year 2002.  If IRS was able to re-allocate these cost savings, IRS could, for example,  pay the salaries of 284 additional field collection revenue officers. While,  as noted earlier, some of the processing and transcribing costs will be  reduced because of bar coding and scanning, IRS regards bar coding as  a lesser alternative to e-filing. In addition, bar coding results in  incomplete information because only the transcribed lines are scanned  into the computer systems, and the K-1s are the only part of the entity  return that is bar coded. Also, there is limited availability of software  that has bar-coding capacity; only four software companies provide bar- coding capability compared to 19 software companies that provide e- filing.
The primary benefits for taxpayers of increasing e-filing are as follows:   Taxpayers that e-file will receive electronic acceptance or rejection  notices within 2 days of submitting tax returns. The tax form is  electronically transmitted to the software company and then the  software company transmits the tax return to IRS. IRS sends the  software company an electronic acceptance or rejection notice within 2  days, and the software company then sends the notice to the taxpayers.  Taxpayers that file paper returns do not receive acceptance notices and  thus do not have proof that the returns were filed on time in case the tax  returns are lost. E-filing taxpayers also receive rapid rejection notices  and are thus informed of problems much faster than paper-filing  taxpayers, who may wait for 6 months for IRS to process tax returns.
The information on an e-filed tax return should be more accurate  because of the lack of IRS transcription errors. More accurate  information would reduce the potential for burdensome taxpayer  notices resulting from transcription errors. To respond to IRS notices,  taxpayers and preparers are required to collect, organize, and submit  information to IRS to explain any discrepancies cited in the notices,  which requires an investment of both the taxpayers’ time and money. In  recent reports, TIGTA noted that e-filing would eliminate transcription  errors that result in erroneous and burdensome taxpayer notices.
section_title: Increasing Electronic Filing of K-1s Requires Complete IRS E-Filing Capacity and Taxpayers’ Conversion from Paper Filing to E-Filing
paragraphs: The primary challenge for IRS of mandating increased e-filing is to  implement computer systems that can electronically process the complete  set of tax documents that flow-through entities may file with K-1s.  Although IRS currently has the capacity to electronically process K-1s that  accompany flow-through entity returns, IRS is unable to electronically  process all the forms that accompany those of trusts and partnerships. This  impedes e-filing of the flow-through returns with accompanying K-1s  because taxpayers that submit partnership and trust returns (that include  three-fourths of K-1s) have to submit both paper and electronic  documents—a disincentive for e-filing. For example, signature forms have  to be sent in on paper. In contrast, IRS currently has complete e-filing  capacity for the entire S-Corp return, so no forms have to be filed on paper.  IRS is scheduled to have complete e-filing capacity for partnerships and  trusts, but has pushed the completion date for this effort from 2006 to 2007  due to limited resources.
The main challenge to expanded use of e-filing for taxpayers is the cost of  converting from paper filing to e-filing. In separate reviews of flow-through  entity returns by IRS and GAO, the majority of the tax returns were found  to be computer generated, prepared by a paid preparer, or both, which  might make the conversion to e-filing easier.  Based on our sample of Audit  Information Management System agreed closed case examinations of  partnerships and S-Corps with tax years ending in 2000 or 2001, paid  preparers prepared at least 84 percent of the returns, and at least 90  percent of the returns were computer generated. Of the nonprojectable  sample of 200 partnership and trust returns that IRS reviewed, a paid  preparer prepared 169 returns, and 173 were computer generated.
Since the above-mentioned reviews of flow-through entity returns indicate  that a paid preparer prepares the majority of returns that accompany K-1s  by computer, the cost to convert to e-filing may be marginal or nonexistent.  If a paid preparer is using software that has e-filing capacity, then taxpayers  can simply choose to use this option, which can entail a marginal cost  increase. According to our survey of the software companies that offer e- filing of partnership, trust, and S-Corp returns, all of the software  companies that disclosed their fees (about half of those we contacted)  either charge from $0.30 to $0.90 per e-filed K-1 or include the option to e- file in the price of the software.  In order to e-file, flow-through entities  have to buy the software and e-file the entire flow-through entity return, at  costs that vary from $3.50 per return to over $15,000 for comprehensive  support for partnership returns, corporate income tax returns, and  affiliated forms. For partnerships, if the paid preparer does not use  software with e-filing capacity and the data are formatted according to  IRS’s specifications, paid preparers can send the partnership return  electronically to a software company that will then electronically transmit  the partnership return. One software company stated that it would  generally charge $0.40 per K-1.
section_title: IRS and Congress Are Considering Increasing E- Filing
paragraphs: According to IRS officials, IRS is considering mandating increased e-filing  of information and tax returns, including those of flow-through entities. In  recent reports, TIGTA has recommended that IRS should work with the  Department of the Treasury to mandate increased e-filing of flow-through  entity returns, either through current regulatory provisions or through  legislative action. As a result, IRS is currently studying the possibility of  increasing mandated e-filing of flow-through entities’ returns with  accompanying K-1s under Internal Revenue Code (I.R.C.) Section 6011 as  part of an agencywide initiative to increase e-filing to meet a  congressionally mandated goal of having at least 80 percent of all tax and  information returns filed electronically by 2007. IRS’s study includes the  cost for taxpayers to convert from paper filing to e-filing, the cost for IRS to  initiate and administer increased mandated e-filing, the perspective of the  paid tax preparer and business communities, and how to implement  increased mandated e-filing. In addition, according to IRS officials, IRS is  also considering mandating e-filing for those returns for which IRS has  complete e-filing capacity.
In addition, Congress is currently considering the Tax Administration Good  Government Act of 2004, which would permit IRS to mandate increasing  e-filing of flow-through entity returns and accompanying forms, such as K- 1s, in two new ways. First, the law would remove the present restrictions in  I.R.C. Section 6011 that prevent IRS from mandating individuals, estates,  and trusts to e-file. Since the law would remove the restriction on  mandating e-filing of individuals, IRS would then be able to mandate e- filing by paid preparers that prepare individual tax returns. Second, the law  would lower the threshold at which IRS could mandate e-filing of  information and tax returns for any taxpayer to 5 returns. Currently, the  threshold is 250 returns. Thus, IRS could mandate e-filing by paid preparers  who file 5 or more flow-through entity returns or individual tax returns.
section_title: Conclusions
paragraphs: Although there are some costs to taxpayers to e-file and to IRS in  processing e-filed flow-through entity returns and related K-1s, in general e- filed K-1s offer substantial advantages for both IRS and taxpayers.  We are  not making a recommendation for further action to expand e-filing of flow  through-entities’ returns, including K-1s, because IRS agreed to take steps  to do so pursuant to a TIGTA recommendation and is currently studying the  costs of increasing e-filing to IRS and taxpayers.  One step, upgrading its  overall capability to accommodate an increase in e-filed flow-through  entity returns, including K-1s, is under way.  However, we are concerned  that IRS’s estimated date for having this capacity has been pushed back to  2007 due to limited resources.  The sooner this can be accomplished, the  sooner IRS can reap the potential benefits of an increase in e-filed Schedule  K-1s while moving closer to achieving the congressionally mandated goal of  having 80 percent of all federal tax returns and information returns filed  electronically by 2007.
Regardless of whether e-filing is expanded, IRS is missing an opportunity to  improve the accuracy of TINs associated with K-1s and thereby is  undermining the benefits that can be realized from its document-matching  program, efficient targeting of examination resources, and new research to  identify noncompliance.  Although IRS officials expressed concern about  the possible burden on flow-through entities of dealing with TIN error  notices and about IRS’s ability to deal with the costs of sending such  notices given its resource constraints, IRS does not have information on  the likely benefits and costs of sending TIN error notices to flow-through  entities.  Given the high concentration of TIN errors among a small portion  of flow-through entities, even if costs are high compared to the benefits of  sending notices to some flow-through entities, the situation may be much  different for error-prone flow-through entities.
section_title: Recommendation for Executive Action
paragraphs: To improve the availability and usefulness of Schedule K-1 data to IRS for  detecting noncompliance, we recommend that IRS conduct a pilot study to  determine the benefits and costs of requiring flow-through entities to  correct invalid TINs on K-1s as soon as it has been determined that the  TINs cannot be “perfected” via IRS’s TIN validation program.
section_title: Agency Comments and Our Evaluation
paragraphs: We received written comments on a draft of this report from the  Commissioner of Internal Revenue, which are reprinted in appendix II.  The  Commissioner agreed with our assessment of Schedule K-1 TIN accuracy  and that a pilot project would be useful in identifying ways to improve TIN  accuracy.  He said that IRS plans to study a number of options to ensure  that TINs included on Schedule K-1s are accurate, including our  recommendation that IRS conduct a pilot study to determine the benefits  and costs of obtaining corrected TINs from flow-through entities.  The  Commissioner said that IRS’s Flow-Through Compliance Committee  recently initiated a project to study invalid TINs on Schedule K-1s to  determine their potential compliance impact.  In addition, he also  mentioned other initiatives, such as form redesign, outreach efforts, and  scanning Schedule K-1s, to improve the overall effectiveness of flow- through compliance efforts.
As agreed with your offices, unless you publicly announce its contents  earlier, we plan no further distribution of this report until 30 days after its  date.  At that time, we will send copies to the Chairman and Ranking  Minority Member, House Committee on Ways and Means, and the Chairman  and Ranking Minority Member, Subcommittee on Oversight, House  Committee on Ways and Means.  We will also send copies to the Secretary  of the Treasury, the Commissioner of Internal Revenue, and other  interested parties.  The report will also be available at no charge on GAO’s  Web site at http://www.gao.gov.
If you have any questions concerning this report, please contact me at (202)  512-9110 or brostekm@gao.gov or Jonda Van Pelt at (415) 904-2186 or  vanpeltj@gao.gov.  Key contributors to this report were Ralph Block, Maya  Chakko, Keira Dembowski, Elizabeth Fan, Robert McKay, and Samuel  Scrutchins.
section_title: Objectives, Scope, and Methodology
paragraphs: Our objectives were to (1) evaluate the accuracy of K-1 data used by the  Internal Revenue Service (IRS), specifically transcription errors and invalid  taxpayer identification numbers (TIN); (2) determine whether any  limitations in the availability or accuracy of K-1 data have affected IRS’s  ability to identify noncompliance; and (3) describe the benefits and  challenges of increasing electronic filing of K-1s.
To evaluate the accuracy of K-1 data used by IRS, we requested, obtained,  and analyzed data from IRS’s K-1 database for tax year 2002.  We examined  two versions of the database, both of which had been modified from the  original K-1 database by IRS research analysts.  One, called the K-1  “cleaned database,” has original K-1s removed when possible where  duplicate or amended K-1s for the same taxpayer were subsequently  submitted by the parent flow-through entity.  The second, called the  “money-cleaned database,” also has all amounts that were obvious  transcription errors removed.  Generally, these were amounts in excess of  $900 million and that exceeded the total amount reported on the parent  flow-through entity’s Schedule K for the particular line item.  We used the  “cleaned database” to identify one such transcription error.
We analyzed the “money-cleaned” database to identify the number of K-1s  that were filed with inaccurate TINs by type of flow-through entity  (partnership, subchapter S corporation (S-Corp), or trust) and by type of  submission (e-filed versus paper filed).  We subsequently analyzed this  subset of K-1s to determine the number and total income of K-1s with  invalid TINs that IRS (1) was able to perfect via its TIN Perfection Program  and (2) could not perfect and thus remained invalid and, in effect, unusable  for compliance or research purposes.  Because specific data were  unavailable from the K-1 database concerning transcription errors, we  conferred with IRS analysts to identify the type of transcription errors  found during K-1 product reviews they conducted from July through  November 2003.
To identify whether any limitations in the availability or accuracy of K-1  data have affected IRS’s ability to identify noncompliance, we obtained  from IRS the line items the agency transcribes from the K-1 and related  flow-through entity returns.  When we calculated the percentage of line  items transcribed from the entity return, we included the K-1 as part of the  return.  To count line items, we included all labeled lines and sub lines, but  excluded certain fields, including calendar or tax year, name and address,  supplemental information/attachments, signature and date, preparer’s  signature and date, preparer’s self-employment, and preparer’s firm name  and address.
We also interviewed IRS examination and research staff, as well as outside  research consultants from the MITRE Corporation, with whom IRS  contracted to analyze flow-through entities.  Specifically, we discussed how  IRS currently uses K-1 data to select flow-through entity returns for  examination, how IRS research staff and research consultants are using K-1  data to develop analytical tools to aid IRS in better targeting returns for  examination, and how data limitations affect their ability to effectively use  K-1 information.
To determine the compliance issues IRS identified and the related line  items that were adjusted, we reviewed a stratified probability sample of  partnership and S-Corp tax returns.  We selected these returns from the  population of 253 partnership and 1,121 S-Corp agreed closed examination  cases listed in the IRS Audit Information Management System 2002 Closed  Case database with tax years ending in 2000 or 2001.  We reviewed a sample  of 107 returns of which 91 returns, consisting of 52 of the partnership and  39 of the S-Corp returns, could be analyzed.  The remaining 16 returns  could not be analyzed, generally because the examination workpapers  were not available or the case adjustments were based on unusual  circumstances, such as amended return submissions from taxpayers. We  used this sample of 91 returns to estimate several characteristics of this  population of all 1,374 agreed partnership and S-Corp cases.
Because these estimates are based on a probability sample, our sample is  only one of a large number of samples that we might have drawn.  Since  each sample could have provided different estimates, we express our  confidence in the precision of our particular sample’s results as a one-sided  95 percent confidence interval.  For example, paid preparers prepared an  estimated 93 percent of the returns, and a one-sided 95 percent confidence  interval for this estimate has a lower bound of 84 percent.  Since the actual  population value would be contained in this interval for 95 percent of the  samples we could have drawn, we are 95 percent confident that the  proportion of paid preparer returns in the study population exceeds 84  percent.  Similarly, for the adjusted lines found in the file review, we are 95  percent confident that adjustments made to nontranscribed line items  occur in at least 40 percent of the examinations.
We subsequently discussed our file review findings with IRS research and  examination staff to obtain their views regarding whether having additional  K-1 data available, such as line items not currently transcribed, would  increase their ability to identify returns with compliance issues.
To describe the benefits and challenges of increasing e-filing of K-1s, we  discussed this issue with IRS officials and officials from seven  organizations that represent the taxpayer community.  We selected the  organizations based on prior GAO knowledge and referrals from some of  the organizations that we contacted.  From IRS officials, we obtained  estimates of the cost to transcribe K-1 information, to help identify the  potential cost savings if K-1s were e-filed.  We also discussed IRS’s current  requirements for mandating e-filing K-1s and IRS’s experience in enforcing  these requirements, and obtained data on penalties levied for failure to e- file required K-1s.  Finally, we discussed IRS’s current and future ability to  electronically process an increase in the number of e-filed flow-through  entity returns, including K-1s.  We also contacted all 19 of the software  companies that offer e-filing for flow-through entities and received e-mail  responses from just over half of the companies. From officials with the  software companies, we obtained their current fees for preparing and e- filing flow-through entity returns and K-1s.
To determine how many flow-through entities filed on a calendar year basis  we used the 2001 Partnership and Corporation Statistics of Income (SOI)  samples.  The SOI partnership data we used included the entire sample,  but the SOI corporation data we used were limited to the flow-through S- Corps.  Because these are probability samples, the SOI estimates are  subject to sampling error.  We produced estimates from these samples  using SOI’s sampling weights and methods that are appropriate for  stratified probability samples.   In this report we present these estimates as  intervals, reporting the lower bound on one-sided 95 percent confidence  intervals.
We did our work at IRS headquarters in Washington, D.C., as well as at the  Ogden, Utah, Processing Center and the Oakland, California, Area Office  from April 2003 through July 2004 in accordance with generally accepted  government auditing standards.
subsections: section_title: Data Reliability
paragraphs: We assessed whether the information contained in the K-1 databases, the  two SOI databases, and the Audit Information Management System (AIMS)  database were sufficiently reliable for the purposes of this report.  We  ensured that the copies of all five databases we received from IRS were  identical to the original databases based on record counts and analyses of  control totals, comparison to published data, or both.  In addition, we  performed electronic tests on the each database to search for missing data  and obvious errors.
For the original K-1 database from which the two cleaned versions we used  originated, we assessed IRS’s procedures for processing and transcribing  Schedule K-1 data.  We also assessed other procedures and methodologies  IRS research analysts used to remove duplicate records and obvious errors  from transcribed monetary fields.  We anticipated the K-1 database would  have some reliability issues because our engagement was designed in part  to assess the sufficiency of the data transcription effort.   While large  monetary transcription errors were removed from the “money-cleaned”  database, additional, undetectable transcription errors of amounts within  normal ranges may remain.
For the AIMS 2002 Closed Case database, we relied exclusively on  variables that allowed us to identify agreed closed case partnerships and S- Corps, as this was the population of cases from which we drew our sample.   We interviewed IRS personnel who manage the AIMS databases and found  that groups in IRS conducting examinations are required to validate  annually that completed examination cases are actually shown as having  been closed.  In addition, we collected data from original returns during our  data collection effort and compared those data to data contained in the  AIMS database.  We found no indication that our sample contained  ineligible cases.
SOI samples are widely used for research purposes.  We have documented  for recent reports that IRS performs a number of quality control steps to  verify the internal consistency and completeness of SOI sample data.  The  agency uses similar quality control procedures for all types of SOI samples.   For example, the agency performs electronic tests to verify the  relationships between values on the returns selected as part of the SOI  samples and manually edits data items to correct for problems, such as  inaccurate and missing items.  Because we used the partnership and  corporate samples only to determine the percentage of partnerships and S- Corps that were calendar year filers, we needed no more than four  variables from each database to make this analysis.  We checked these  variables for completeness and accuracy and found no missing or out of  range values.
On the basis of our data reliability reviews of the five IRS databases, we  believe all five contain data that are sufficiently reliable for the purposes of  this report.
section_title: Comments from the Internal Revenue Service
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