Enlarge image | Department of the Treasury - Internal Revenue Service Form 8546 (November 2024) Claim for Reimbursement of Bank Charges Instructions: Carefully read the instructions on the back of this form and provide the information requested. Use additional sheet(s) if necessary. Submit this form to the address of the IRS office which served the levy, the address of the office that misplaced the payment or the address that you used to file your tax return for Direct Debit Installment Agreement Request. 1. Name and address of claimants 2. Telephone number (including area code) a. Address (number, street) 3. Best time to call 4. Amount of claim b. City 5. Social security or employer identification number (Disclosure is voluntary. Omission may delay your claim or prevent locating your records) c. State d. ZIP code Electronic Funds Transfer (EFT) Information (see instructions on the back of this form) 6. Name(s) on bank account 7. American Bankers Association (ABA) number 8. Bank name and address 9. Bank account number a. Address (number, street) 10. Type of account Checking Savings b. City 11. I am filing a claim for reimbursement of bank charges for An erroneous levy Stopping payment on a check that the IRS lost or misplaced c. State d. ZIP code Direct Debit Installment Agreement (DDIA) processing error on the part of the Service 12. Description of claim (State the circumstances which resulted in the loss for which you are claiming reimbursement.) Certification I certify that the amount of my claim covers only bank charges which resulted from either an erroneous IRS levy, processing error by the Service for a Direct Debit Installment Agreement or having to stop payment on a check which was lost or misplaced by the IRS. I agree to accept this amount in full satisfaction and final settlement of this incident. 13. Signature of claimants (this signature should be used in all future correspondence) 14. Date of claim 15. Signature of secondary claimant (if it is a joint bank account or return) 16. Date of claim Civil Penalty for Presenting Civil Penalty for Presenting Fraudulent Claim Fraudulent Claim or Making False Statements The claimant shall be liable to the United States for the sum of Fine of not more than $10,000 or imprisonment for not more $2,000 plus double the amount of damages sustained by the than 5 years or both. (See 62 Stat. 698, 749; 18 USC 287, 1001.) United States. (See R S § 3490, 5438, 31 USC 3729.) Catalog Number 63488O www.irs.gov Form 8546 (Rev. 11-2024) |
Enlarge image | Instructions for Form 8546, Claim for Reimbursement of Bank Charges 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, 2. stopping payment on a check that the IRS lost or misplaced. and 3. Direct Debit Installment Agreement (DDIA) processing error 3. records showing that the bank charges have been paid. on the part of the Service. Records to support your claim must include bank statements and The claimants must sign this form. If the bank account involved correspondence. is a joint account, each owner on the account must sign the Form 8546 as a claimant for erroneous levy. DDIA processing If you have any questions about this claim, contact the IRS office error claims on joint returns also require signature of both that issued the levy or requested replacement of your check. The spouses. However, an authorized agent or legal representative address is on your copy of the levy or the request for a new can file and sign the claim if the claimant can't because of check. If your questions relate to a Direct Debit Installment disability, death, or other acceptable reason. Include proof of Agreement, contact the IRS at 1-800-829-1040 or mail your authorization if the claim is being filed on behalf of someone. questions to the address that you used to file your tax 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 Attach verification of the amount you are claiming. Include any you. If you want us to pay your claim by EFT, we need the bank documentation you may have explaining or acknowledging the information in items 6 through 10. The American Bankers IRS error. Also, include: Association (ABA) number (item 7) is the first nine digits in the number at the bottom of your checks. If you have no checking 1. a copy of the levy (if the charges were caused by an account, ask your bank what its ABA number is. If you do not erroneous levy), 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 payers to incur certain bank charges. Taxpayers who incur bank information relevant to the liability for which the levy was made. charges due to an erroneous levy or a Direct Debit Installment Agreement (DDIA) processing error on the part of the Service The following criteria must be present in all lost check cases: 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 overdrafts that are a direct consequence of an erroneous levy or (2) the Service asks the taxpayer for a replacement of the DDIA processing error on the part of the Service. In addition, payment; and 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 charges incurred in stopping payment on the original check. The The following criteria must be present in all DDIA processing charges must have been paid by the taxpayer and must not have error cases. 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 The following criteria must be present in all erroneous levy or compounding of the error that caused the bank fees; and cases: (3) Prior to the processing error, the taxpayer did not refuse (1) The Service acknowledges the levy was erroneous; (either orally or in writing) to timely respond to the Service’s 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. Catalog Number 63488O www.irs.gov Form 8546 (Rev. 11-2024) |