Voluntary Disclosure Practice
and Streamlined Filing Compliance Procedures
Revision of a currently approved collection
No
Regular
02/28/2025
Requested
Previously Approved
36 Months From Approved
02/28/2025
15,091
16,569
328,892
390,388
0
0
The IRS has two very different
compliance paths for two very different populations of taxpayers
(taxpayers who have exposure to criminal liability for tax and
tax-related crimes and taxpayers who have non-willful international
compliance issues). First, the Voluntary Disclosure Practice is a
longstanding practice of IRS Criminal Investigation (CI). CI takes
timely, accurate, and complete voluntary disclosures under
consideration when determining whether to recommend criminal
prosecution. A voluntary disclosure will not automatically
guarantee immunity from prosecution; however, a voluntary
disclosure may result in prosecution not being recommended. Form
14457 is used for all voluntary disclosures. This redesigned form
is to be used by taxpayers to apply for the IRS-CI Voluntary
Disclosure Practice (VDP). The form is submitted by the taxpayer in
two parts. Part I is a preclearance request. Once a taxpayer
receives preclearance from IRS-CI, they will submit Part II, the
voluntary disclosure application. Versions prior to March 2019 were
used by taxpayers to apply for the IRS Offshore Voluntary
Disclosure Program (OVDP) that closed on September 28, 2018.
Second, the Streamlined Filing Compliance Procedures are available
to eligible taxpayers who can truthfully certify that their failure
to report foreign financial assets and pay all tax due in respect
of those assets resulted from non-willful conduct. Forms 14653,
15023, and 14654 relate to the Streamlined Filing Compliance
Procedures. The use of information collected with respect to the
Voluntary Disclosure Practice and the Streamlined Filing Compliance
Procedures is a necessary for the Commissioner to use his
enforcement discretion and authority to offer specific compliance
paths with favorable penalty provisions under IRC § 7803(a)(2)(A)
granting him the authority to “administer, manage, conduct, direct,
and supervise the execution and application of the internal revenue
laws or related statutes and tax conventions to which the United
States is a party.” Additionally, IRC § 6001 requires taxpayers to
retain records relating to tax liabilities and tax returns and is
thereby related to the information collected by the forms used in
the Voluntary Disclosure Practice and the Streamlined Filing
Compliance Procedures.
US Code:
26
USC 6001 Name of Law: Period covered by returns or other
documents
US Code:
26 USC 7803(a)(2)(A) Name of Law: Commissioner of Internal
Revenue; other officials
There are changes to the
paperwork burden previously approved by OMB. The agency has updated
the number of respondents/responses for Forms 14457, 14653, and
14654. Forms 14457 and 15023 has been revised, but the changes do
not affect burden. The changes to the response estimates result in
an overall decrease of 1,478 responses and 61,496 hours due to
Agency Estimate.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.