The Application for Taxpayer Assistance Order (ATAO) is a powerful tool taxpayers can use to seek resolution when they encounter significant problems or delays with the Internal Revenue Service (IRS). It is submitted to the Taxpayer Advocate Service (TAS), an independent office within the IRS dedicated to assisting taxpayers who face financial hardship or systemic roadblocks unrelated to the amount of tax owed.
Understanding the Purpose and Role of the ATAO
Each year, the IRS processes millions of returns and payments, but errors, system backlogs, or delays can adversely impact taxpayers. When normal IRS customer service channels fail to resolve these issues, the ATAO allows taxpayers to ask TAS for direct intervention. The goal is timely resolution of problems such as lost refunds, unprocessed returns, improper levies, or unreturned communications.
The Taxpayer Advocate Service is designed to be an independent advocate for taxpayers, protecting their rights under the Taxpayer Bill of Rights and providing a clear path to escalate unresolved issues without additional cost.
How to File an Application for Taxpayer Assistance Order
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Identify the IRS problem: Examples include delayed refunds, missing correspondence, misapplied payments, or wrongful collection activity like bank levies.
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Complete Form 911: Officially titled “Request for Taxpayer Advocate Service Assistance,” this form allows taxpayers to describe the issue and explain the hardship caused. It can be submitted by mail, fax, or sometimes online depending on IRS procedures.
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TAS reviews the application: TAS evaluates whether your issue qualifies, focusing on significant financial hardship, potential IRS error, or delays longer than standard processing times.
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TAS Advocate assignment: If your case is accepted, an advocate will intervene with the relevant IRS departments to expedite resolution and ensure fair treatment.
Who Can Apply for an ATAO?
Any individual or business taxpayer facing unresolved IRS difficulties may request an ATAO, especially when those issues cause or risk significant financial harm. However, the order is not a guaranteed fix but a means to escalate matters beyond routine IRS channels.
Common Scenarios for ATAO Use
- A taxpayer who has waited months for a refund that has not arrived despite contacting IRS customer service.
- A business facing an IRS levy believed to be mistakenly applied, which freezes essential funds.
- Filing delays that risk missing deadlines causing penalties or interest.
Tips for a Successful ATAO Application
- Exhaust standard IRS contact methods first, such as phone support or secure online portals.
- Provide detailed information about how the IRS issue is affecting you financially or personally.
- Retain copies of all IRS correspondence and any communication attempts.
- Understand that while TAS strives to expedite your case, some delays are due to complex IRS processes beyond immediate control.
Cost and Response Time
Filing an ATAO is free. The Taxpayer Advocate Service aims to respond promptly but processing times vary depending on the case complexity and workload.
Avoiding Common Misunderstandings
- TAS cannot change tax laws or IRS policies but works within existing rules to solve problems fairly.
- An ATAO may not immediately stop collection actions, but TAS can often request holds or suspensions during their review.
- Filing an ATAO does not remove the need to comply with tax laws but serves as an advocacy mechanism when other options have failed.
Related Resources
For further details on the filing form, see our glossary entry on Form 911 – Request for Taxpayer Advocate Service Assistance. To understand protections from enforcement actions, you might also find IRS Levy helpful.
Authoritative External Resource
IRS official Taxpayer Advocate Service site: https://www.taxpayeradvocate.irs.gov/
Summary
If you’re experiencing unresolved IRS delays or errors causing financial hardship, filing an Application for Taxpayer Assistance Order provides a formal pathway to seek help. By utilizing TAS’s independent advocacy, you can have your case reviewed and potentially expedited, helping you navigate IRS complexities more effectively.