| Disclaimer: IRS Collection Financial Standards are intended
for use in calculating repayment of delinquent taxes. These Standards are
effective on March 1, 2010 for purposes of federal tax administration only.
General
Collection Financial Standards are used to help determine a taxpayer's
ability to pay a delinquent tax liability. Allowable living expenses
include those expenses that meet the necessary expense test. The necessary
expense test is defined as expenses that are necessary to provide for a
taxpayer’s (and his or her family's) health and welfare and/or production of
income.
National Standards for food, clothing and other items apply nationwide.
Taxpayers are allowed the total National Standards amount for their family
size, without questioning the amount actually spent.
National Standards have also been established for minimum allowances for
out-of-pocket health care expenses. Taxpayers and their dependents are
allowed the standard amount on a per person basis, without questioning the
amount actually spent.
Maximum allowances for housing and utilities and transportation, known as
the Local Standards, vary by location. In most cases, the taxpayer is
allowed the amount actually spent, or the local standard, whichever is less.
Generally, the total number of persons allowed for necessary living
expenses should be the same as those allowed as exemptions on the taxpayer’s
most recent year income tax return.
If the IRS determines that the facts and circumstances of a taxpayer’s
situation indicate that using the standards is inadequate to provide for
basic living expenses, we may allow for actual expenses. However, taxpayers
must provide documentation that supports a determination that using national
and local expense standards leaves them an inadequate means of providing for
basic living expenses.
National Standards: Food, Clothing and Other Items
National Standards have been established for five necessary expenses:
food, housekeeping supplies, apparel and services, personal care products
and services, and miscellaneous.
The standards are derived from the Bureau of Labor Statistics (BLS)
Consumer Expenditure Survey (CES). The survey collects information from the
Nation's households and families on their buying habits (expenditures),
income and household characteristics.
National Standards: Out-of-Pocket Health Care Expenses
Out-of-Pocket Health Care standards have been established for
out-of-pocket health care expenses including medical services, prescription
drugs, and medical supplies (e.g. eyeglasses, contact lenses, etc.).
The table for health care allowances is based on Medical Expenditure
Panel Survey data and uses an average amount per person for taxpayers and
their dependents under 65 and those individuals that are 65 and older.
The out-of-pocket health care standard amount is allowed in addition to
the amount taxpayers pay for health insurance.
Local Standards: Housing and Utilities
The
housing and utilities standards are derived from Census and BLS data,
and are provided by state down to the county level. The standard for a
particular county and family size includes both housing and utilities
allowed for a taxpayer’s primary place of residence.
Housing and Utilities standards include mortgage or rent, property taxes,
interest, insurance, maintenance, repairs, gas, electric, water, heating
oil, garbage collection, telephone and cell phone. The tables include five
categories for one, two, three, four, and five or more persons in a
household.
Local Standards: Transportation
The
transportation standards for taxpayers with a vehicle consist of two
parts: nationwide figures for monthly loan or lease payments referred to
as ownership costs, and additional amounts for monthly operating costs
broken down by Census Region and Metropolitan Statistical Area (MSA). A
conversion chart has been provided with the standards that lists the states
that comprise each Census Region, as well as the counties and cities
included in each MSA. The ownership cost portion of the transportation
standard, although it applies nationwide, is still considered part of the
Local Standards.
The ownership costs provide maximum allowances for the lease or purchase
of up to two automobiles if allowed as a necessary expense. A single
taxpayer is normally allowed one automobile.
The operating costs include maintenance, repairs, insurance, fuel,
registrations, licenses, inspections, parking and tolls.
If a taxpayer has a car payment, the allowable ownership cost added to
the allowable operating cost equals the allowable transportation expense.
If a taxpayer has a car, but no car
payment, only the operating costs portion of the transportation standard is
used to figure the allowable transportation expense. In both of these
cases, the taxpayer is allowed the amount actually spent, or the standard,
whichever is less.
There is a single nationwide allowance for public transportation based on
BLS expenditure data for mass transit fares for a train, bus, taxi, ferry,
etc. Taxpayers with no vehicle are allowed the standard, per household,
without questioning the amount actually spent.
If a taxpayer owns a vehicle and uses public transportation, expenses may
be allowed for both, provided they are needed for the health, and welfare of
the taxpayer or family, or for the production of income. However, the
expenses allowed would be actual expenses incurred for ownership costs,
operating costs and public transportation, or the standard amounts,
whichever is less. |