This is the accessible text file for CG speech number GAO-07-1014 
entitled 'Tax Gap: A Strategy for Reducing the Gap Should Include 
Options for Addressing Sole Proprietor Noncompliance' which was 
released on August 14, 2007. 

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Report to the Committee on Finance, U.S. Senate: 

United States Government Accountability Office: 

GAO: 

July 2007: 

Tax Gap: A Strategy for Reducing the Gap Should Include Options for 
Addressing Sole Proprietor Noncompliance: 

GAO-07-1014: 

GAO Highlights: 

Highlights of GAO-07-1014, a report to the Committee on Finance, U.S. 
Senate 

Why GAO Did This Study: 

The Internal Revenue Service (IRS) estimates that $68 billion of the 
annual $345 billion gross tax gap for 2001 was due to sole proprietors, 
who own unincorporated businesses by themselves, underreporting their 
net income by 57 percent. A key reason for this underreporting is well 
known. Unlike wage and some investment income, sole proprietors’ income 
is not subject to withholding and only a portion is subject to 
information reporting to IRS by third parties. 

GAO was asked to (1) describe the nature and extent of sole proprietor 
noncompliance, (2) how IRS’s enforcement programs address it, and (3) 
options for reducing it. GAO analyzed IRS’s recent random sample study 
of reporting compliance by individual taxpayers, including sole 
proprietors. 

What GAO Found: 

Based on what IRS examiners could find, most sole proprietors, at least 
an estimated 61 percent, underreported net business income, but a small 
proportion of them accounted for the bulk of understated taxes. Both 
gross income and expenses were misreported. Most of the resulting 
understated taxes were in relatively small amounts. Half the 
understatements that IRS examiners could find were less than $903. 
However, 10 percent of the tax understatements, made by over 1 million 
sole proprietors, were above $6,200. In this top group, the mean 
understatement of tax was $18,000. 

IRS’s two main sole proprietor enforcement programs—the Automated 
Underreporter Program, which computer matches information on a tax 
return with information submitted to IRS by third parties, and 
examinations (audits)—have limited reach. The two programs each 
annually contact less than 3 percent of estimated noncompliant sole 
proprietors. The limited reach exists for a variety of reasons. In 
2001, about 25 percent of sole proprietor gross income was reported on 
information returns by third parties; expenses generally are not 
subject to such reporting. Even when required, various barriers make 
information reporting inconvenient. Examinations of sole proprietors 
yield less in additional tax assessed and cost more to conduct than 
examinations for other taxpayers. However, because of the extent of 
sole proprietor noncompliance, any effect that examinations have on 
voluntary compliance by other sole proprietors could result in 
significant revenue. 

The Treasury Department’s recently released tax gap strategy discusses 
neither sole proprietor noncompliance specifically nor the many options 
that could address it. GAO has reported on the need for such a detailed 
strategy for years. Specific options that address issues including sole 
proprietor recordkeeping, underreporting of gross income, overreporting 
of expenses, information reporting, and IRS’s enforcement programs are 
listed in appendix II. 

Figure: Sole Proprietor's Estimated Understated Tax by Percentile for 
Tax Year 2001. 

[See PDF for image] 

Source: GAO analysis of IRS data. 

[End of figure] 

What GAO Recommends: 

GAO recommends that the Secretary of the Treasury ensure that the tax 
gap strategy (1) covers sole proprietor compliance and is coordinated 
with broader tax gap reduction efforts and (2) includes specific 
proposals, such as the options in this report. GAO is not making 
recommendations regarding specific options. IRS and the Department of 
the Treasury provided technical comments on a draft of this report, 
which we incorporated as appropriate. 

[hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-07-1014]. 

To view the full product, including the scope and methodology, click on 
the link above. For more information, contact James R. White at (202) 
512-9110 or whitej@gao.gov. 

[End of section] 

Contents: 

Letter: 

Results in Brief: 

Background: 

Most Sole Proprietors Underreported Business Income, but a Small 
Proportion Accounted for the Bulk of Unpaid Taxes: 

Enforcement Programs Have Limited Reach over Sole Proprietors but Still 
Make Billions of Dollars in Recommended Assessments: 

Current Treasury Tax Gap Strategy Discusses Neither Sole Proprietor 
Noncompliance nor the Many Options That Could Address It: 

Conclusions: 

Recommendation for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology: 

Appendix II: Options to Address Problems with the Tax Compliance of 
Sole Proprietors: 

Appendix III: IRS Form 1040 Schedule C, Tax Year 2001: 

Appendix IV: Independent Contractors and Section 530 of the Revenue Act 
of 1978: 

Appendix V: Backup Withholding Rules: 

Appendix VI: Comments from the Department of the Treasury: 

Appendix VII: GAO Contact and Staff Acknowledgments: 

Related GAO Products: 

Tables: 

Table 1: Percentage of Recommended Assessments and Limitations of IRS 
Enforcement Programs for Detecting Sole Proprietor Reporting 
Noncompliance: 

Table 2: Options to Improve Sole Proprietor Tax Compliance: 

Table 3: Confidence Intervals for Summary of Schedule C Misreporting 
for Tax Year 2001: 

Table 4: Confidence Intervals for Estimated Understated Tax Amounts by 
Percentile for Individual Income Tax Returns with Schedule Cs Attached, 
Tax Year 2001. 

Table 5: Confidence Intervals for Estimated Cumulative Understated 
Taxes by Percentile for Individual Income Tax Returns with Schedule Cs 
Attached, Tax Year 2001: 

Figures: 

Figure 1: Distribution of Sole Proprietors and Their Gross Receipts by 
Size of Proprietorship, Tax Year 2003: 

Figure 2: IRS's Nonemployee Compensation Information Returns Matching 
Process: 

Figure 3: Summary of Unadjusted NRP Population Estimates for Schedule C 
Misreporting, Tax Year 2001: 

Figure 4: Estimated Understated Tax Amounts by Percentile for Form 
1040s with Schedule Cs Attached, Tax Year 2001: 

Figure 5: Estimated Cumulative Understated Taxes by Percentile for Form 
1040s with Schedule Cs Attached, Tax Year 2001: 

Figure 6: Number of AUR NEC Contacts Made and Total Recommended 
Assessments, Tax Years 1999-2003: 

Figure 7: Examinations of Returns with Schedule C Attachments and 
Recommended Tax Assessments, Fiscal Years 2001-2006: 

Figure 8: Recommended Penalties for Sole Proprietors and Non-Sole 
Proprietors in NRP Examinations with a 100 Percent or Greater 
Recommended Tax Change by Dollar Value of Tax Change in Tax Year 2001: 

Abbreviations: 

AGI: adjusted gross income:
AUR: Automated Underreporter Program: 
EIN: employer identification number: 
FIRE: Filing Information Returns Electronically: 
IRS: Internal Revenue Service: 
NEC: nonemployee compensation: 
NMA: net misreported amount: 
NRP: National Research Program: 
SOI: IRS Statistics of Income Division: 
TIN: taxpayer identification number: 

United States Government Accountability Office: 

Washington, DC 20548: 

July 13, 2007: 

The Honorable Max Baucus: 
Chairman: 
The Honorable Charles Grassley: 
Ranking Member: 
Committee on Finance: 
United States Senate: 

Voluntary compliance with federal tax laws is a critical component of 
the federal tax system. Each year, however, a gap arises between tax 
amounts that were voluntarily reported and paid on time and those that 
should have been paid. The Internal Revenue Service's (IRS) most recent 
estimate is that the gross federal tax gap for tax year 2001 was $345 
billion. 

Sole proprietors, who own unincorporated businesses by themselves, have 
a relatively high rate of tax noncompliance and account for a 
significant portion of the tax gap. IRS estimates that sole proprietors 
misreported 57 percent of their business income in 2001 and that $68 
billion of the tax gap is attributable to sole proprietors 
underreporting such income.[Footnote 1] Key reasons for sole 
proprietors' relatively high tax noncompliance are well known. Sole 
proprietors are not subject to tax withholding, and only a portion of 
their net business income is reported to IRS by third parties. By 
comparison, misreporting rates for wage and interest income, which are 
subject to withholding or information reporting by financial 
institutions, are low (about 1 and 4 percent, respectively). 

Congress has been encouraging IRS to develop an overall tax gap 
reduction plan or strategy that could include a mix of approaches, like 
simplifying tax law, increasing enforcement tools, and reconsidering 
the level of resources devoted to enforcement. On September 26, 2006, 
the Department of the Treasury (Treasury), Office of Tax Policy, issued 
"A Comprehensive Strategy for Reducing the Tax Gap." At the time, 
Treasury officials said that a more detailed strategy would be 
forthcoming. 

Because of your concern about the tax gap and the importance of sole 
proprietor compliance, you asked us to identify steps that might 
improve that compliance. Our objectives were to (1) describe the nature 
and extent of the noncompliance associated with sole proprietors, (2) 
describe the extent to which IRS's enforcement programs address the 
types of sole proprietor noncompliance found by IRS's most recent 
research, and (3) identify options to close the tax gap related to sole 
proprietors that could be included in the tax gap strategy being 
developed by Treasury. To describe the nature and extent of sole 
proprietor noncompliance, we analyzed IRS's National Research Program 
(NRP) results on the reporting compliance of individual taxpayers in 
tax year 2001, IRS's tax gap estimates, and IRS's Statistics of Income 
(SOI) data to develop a profile of sole proprietors and related tax 
compliance issues.[Footnote 2] To determine the extent to which IRS's 
compliance programs address sole proprietor noncompliance, we reviewed 
filing guidance and compliance program procedures and analyzed program 
results. We interviewed IRS staff on the operations and results of the 
Automated Underreporter Program (AUR), which tests for underreporting 
by computer matching information returns reporting selected payments 
made to sole proprietors with income tax returns. We also interviewed 
staff in IRS's correspondence, office, and field examination (or audit) 
programs. In addition, we reviewed NRP examination cases to identify 
examples of barriers when examining sole proprietors. 

We used several approaches to identify options for closing the sole 
proprietor tax gap that could fit into the tax gap strategy. We focused 
on options that could address the types of sole proprietor 
noncompliance profiled by IRS's research and the limitations of IRS's 
enforcement programs that address sole proprietors. We also reviewed 
existing recommendations from the President's Budget, President's 
Advisory Panel on Federal Tax Reform, our previous recommendations and 
reports of the Treasury Inspector General for Tax Administration, IRS's 
Taxpayer Advocate, and IRS advisory groups. We discussed the options 
with experts on sole proprietor compliance, including persons who have 
experience with IRS or other federal programs related to sole 
proprietors or who published related research. We met with officials 
from various small business organizations, professionals who provide 
tax advice to small businesses, and tax professional organizations. 
Further, we reviewed Treasury's tax gap strategy. A more detailed 
description of our methodology is in appendix I. This report contains 
estimates which have associated confidence intervals that are conveyed 
in the body or discussed in the appendix. We conducted our review from 
July 2006 through June 2007 in accordance with generally accepted 
government auditing standards. 

Results in Brief: 

Most sole proprietors underreported net business income for tax year 
2001, but a small proportion of them accounted for the bulk of 
understated taxes. This underreported income was caused by misreporting 
of both gross income and expenses. Based on what was detected in NRP 
reviews, at least 61 percent of sole proprietors underreported their 
net income by $93.6 billion in 2001. IRS recognizes that these are 
underestimates because detecting underreported income is difficult, 
especially cash receipts. After upward adjustment, IRS estimated that 
underreported net income resulted in sole proprietors understating 
their taxes by $68 billion. Although most sole proprietors had 
understated taxes, the amounts were skewed. Of all sole proprietors who 
understated taxes, the lower half understated them by less than an 
estimated $903. Over 1 million sole proprietors had tax understatements 
above $6,200, which accounted for the upper 10 percent of 
understatements. These understatements averaged an estimated $18,000 
and accounted for 61 percent of all understated taxes on returns filed 
by sole proprietors. 

IRS's main programs to check sole proprietor tax compliance--AUR and 
the Examination program--have a limited reach. AUR annually contacts 
about 3 percent of the estimated population of noncompliant sole 
proprietors while Examination reaches less than 2 percent of them. 
Information returns that AUR uses to verify sole proprietor income only 
cover about 25 percent of sole proprietor gross receipts and generally 
few of their expenses. Barriers to submitting information returns, 
including complex requirements and lack of convenient electronic 
filing, also limit AUR's reach. Examinations of sole proprietors' tax 
returns are more costly and recommend lower additional tax assessments 
than some other examinations. However, examinations (like other 
enforcement programs) may have a deterrent effect and increase 
voluntary compliance by other sole proprietors. Because the rate of 
noncompliance of sole proprietors is so high, any change in their 
compliance rate from more enforcement activity could result in 
significant revenue increases. Even without taking into account any 
effect on voluntary compliance, IRS's enforcement programs annually 
make contact with hundreds of thousands of sole proprietors and 
recommend billions of dollars in additional tax assessments. Finally, 
IRS did not always apply negligence penalties during NRP for sole 
proprietors with large tax changes. 

Since the mid-1990s, we have reported on the need for a strategy to 
address the overall tax gap as well as the part caused by sole 
proprietors. That need still exists. Treasury's recently released tax 
gap strategy discusses neither sole proprietor noncompliance nor the 
many options that could address it. Although the fiscal year 2008 
budget request had legislative proposals on the tax gap, including some 
related to sole proprietors, these proposals do not make up a long- 
term, comprehensive strategy. Because no single approach is likely to 
cost effectively reduce the tax gap by sole proprietors, various 
options could be considered as part of the overall tax gap strategy and 
would require IRS, Treasury, or legislative action. These options 
include enhancing assistance to taxpayers, making information return 
submission more convenient, requiring more information reporting, and 
increasing IRS enforcement. Each option has pros and cons. In general, 
the pros include increasing voluntary compliance, enhancing IRS's 
ability to detect noncompliance, and reducing the burden of complying. 
The cons include additional burdens imposed on sole proprietors and 
third parties as well as costs imposed on IRS. We do not rank the 
options or recommend particular ones because IRS has other compliance 
objectives in addition to sole proprietor compliance, some options may 
be substitutes for each other, and quantitative information about the 
pros and cons is often lacking. Details on all of our options, 
including some of the pros and cons, are included in appendix II. 

We recommend that the Secretary of the Treasury ensure that the tax gap 
strategy includes (1) a segment on improving sole proprietor compliance 
that is coordinated with broader tax gap reduction efforts and (2) 
specific proposals, such as the options we identified, that constitute 
an integrated package. In commenting on a draft of this report, 
Treasury said that although not addressed specifically, the seven 
elements of the department's strategy are intended to apply broadly to 
all types of businesses and individual taxpayers, including sole 
proprietorships. Treasury also stated that this report provides 
valuable insight for applying the strategy to the tax gap. IRS and 
Treasury also provided technical comments on a draft of this report, 
which we incorporated as appropriate. IRS did not provide written 
comments. 

Background: 

Sole proprietors own unincorporated businesses by themselves. As such, 
they are distinct from corporations and partnerships. In this report, 
the term sole proprietors refers to both the owners of the businesses 
and the category of business. In tax year 2003, 20.6 million sole 
proprietors filed tax returns (the latest year for which detailed IRS 
data were available). Sole proprietors constitute about 72 percent of 
all businesses in the United States but are small; they have only 4.8 
percent of all business receipts. Sole proprietors include a wide range 
of businesses, including those that provide services, such as doctors 
and accountants; produce goods, such as manufacturers; or sell goods at 
fixed locations, such as car dealers and grocers. These activities may 
be full time or part time and may be all or part of an individual's 
income. Figure 1 shows the distribution of sole proprietors and their 
gross receipts by the size of the proprietorship. 

Figure 1: Distribution of Sole Proprietors and Their Gross Receipts by 
Size of Proprietorship, Tax Year 2003: 

[See PDF for image] 

Source: GAO analysis of IRS data.

[End of figure] 

Sole proprietors report their business-related net profit or loss on 
IRS Form 1040, U.S. Individual Income Tax Return, through their 
Schedule C Profit or Loss from Business (see app. III). The Schedule C 
requires sole proprietors to classify their type of business or 
profession, report gross receipts and income, place expenses in 23 
categories, and provide additional data on vehicle expenses. Sole 
proprietors with expenses up to $5,000 may qualify for simplified tax 
reporting on Schedule C-EZ, which allows them to report all expenses on 
one line. Sole proprietors combine their business profits or losses, 
reported on Schedule C, with income, deductions, and credits from other 
sources that are reported elsewhere on the Form 1040 to compute their 
overall individual tax liability. 

In addition to income tax obligations, sole proprietors have other tax 
requirements. If they have employees, sole proprietors are responsible 
for withholding and paying Social Security, Medicare, and federal 
income tax, and paying federal unemployment tax under an employer 
identification number (EIN) that is the tax identification number (TIN) 
for the business. Whether they have employees or not, sole proprietors 
are required to pay self-employment tax, which is similar to the Social 
Security and Medicare tax for wage earners. 

Information Reporting: 

Sole proprietors may prepare and receive information returns for 
payments made to them or made by them for services, known as 
nonemployee compensation (NEC), on an IRS Form 1099-MISC.[Footnote 3] 
IRS uses the NEC data in its matching programs, such as AUR, to help 
verify a sole proprietor's receipts. Generally, a Form 1099-MISC needs 
to be filed with IRS and the recipient of the payment for: 

* payments of $600 or more for services performed for a trade or 
business, including a sole proprietor, by people who are not employees, 
such as contractors;[Footnote 4] 

* rent payments of $600 or more, other than rents paid to real estate 
agents;[Footnote 5] and: 

* sales of $5,000 or more of consumer goods to persons for resale 
anywhere other than in a permanent retail establishment. 

Payments for purchases of goods and service to corporations generally 
are not required to be reported.[Footnote 6] 

Based on these rules, organizations (including sole proprietors) that 
make NEC payments for services provided may be required to submit 
information returns to IRS and the payee. For example, a store owner (a 
sole proprietor) who hires a self-employed computer programmer (another 
sole proprietor) to design the business Web site for $10,000 must 
submit a Form 1099-MISC information return to report the $10,000 
payment made to the computer programmer. However, if the programmer is 
hired to design a personal, non business Web site for the store owner, 
no information return is required. 

Completing a Form 1099-MISC requires the payer to determine whether the 
payee is an independent contractor or an employee. To determine 
independent contractor status, payers are to use 20 common law 
rules.[Footnote 7] Numerous controversies over interpretation of the 
common law rules led to the enactment of Section 530 of the Revenue Act 
of 1978, which stops IRS and Treasury from issuing new interpretations 
of these rules.[Footnote 8] In 1996, we characterized these rules as 
confusing and resulting in many misclassifications. If the 
determination results in an employee-employer relationship, the 
organization is required to prepare a Form W-2 and withhold tax from 
each payment to the employee. 

Similarly, the payer must determine if the payee is a corporation, 
since such payments generally are not subject to Form 1099-MISC 
reporting. To determine if the service is provided by a corporation, 
service providers are asked to declare their corporation status and, if 
not a corporation, provide a TIN. To ensure that payees provide correct 
TINs on information returns filed with IRS, NEC payments may be subject 
to backup withholding. Independent contractors and Section 530 are 
discussed in appendix IV, and backup withholding rules are discussed in 
appendix V. 

IRS Enforcement Programs: 

IRS's two main programs for ensuring compliance among sole proprietors 
are AUR and Examination. AUR matches the NEC income reported on the 
Schedule C of the sole proprietor's tax return with the NEC income 
reported on Form 1099-MISC. AUR may send a notice to the sole 
proprietor if the AUR matching identifies a discrepancy between the NEC 
reported. The notice proposes adjustments to the tax return filed and 
requests payment of additional tax, interest, or penalties related to 
the discrepancy. If the taxpayer disagrees with the notice, the 
taxpayer is requested to explain the difference and provide any 
supporting documents. Figure 2 describes the NEC information reporting 
process. 

Figure 2: IRS's Nonemployee Compensation Information Returns Matching 
Process: 

[See PDF for image] 

Source: GAO analysis of IRS information, Art Explosion (images).

[End of figure] 

Examinations may address any type of noncompliance issue and come in 
three forms. Correspondence examinations are conducted through the mail 
and usually cover a narrow issue or two. Office examinations are also 
limited in scope but involve taxpayers going to an IRS office. For 
field examinations, IRS will send a revenue agent to a taxpayer's home 
or business to examine the compliance problem that IRS suspects. 

Compliance Measurement and the Tax Gap: 

IRS estimates the gross tax gap--the difference between what taxpayers 
actually paid and what they should have paid on a timely basis--to be 
$345 billion for tax year 2001, the most recent estimate made. IRS also 
estimates that it will collect $55 billion, leaving a net tax gap of 
$290 billion. IRS estimates that a large portion of the gross tax gap, 
$197 billion, is caused by the underreporting of income on individual 
tax returns. Of this, IRS estimates that $68 billion is caused by sole 
proprietors underreporting their net business income. This estimate 
does not include other sole proprietor contributions to the tax gap, 
including not paying because of failing to file a tax return, 
underpaying the tax due on income that was correctly reported, and 
underpaying employment taxes. According to IRS, estimates for some 
parts of the tax gap are more reliable than those for others. For both 
these reasons, the precise proportion of the overall tax gap caused by 
sole proprietors is uncertain. What is certain is that the dollar 
amount of the tax gap associated with sole proprietors is significant. 

IRS bases its estimates of the tax gap caused by underreporting of 
individual income on its compliance research program--NRP. The 
individual reporting compliance study was a detailed review and 
examination of a representative sample of 46,000 individual tax returns 
from tax year 2001. IRS generalized from the NRP sample results to 
compute estimates of underreporting of income and taxes for all 
individual tax returns. Because even the detailed NRP reviews could not 
detect all noncompliance, IRS adjusted the NRP estimates to develop 
final estimates of income misreporting and the resulting tax gap. IRS 
did not adjust all the NRP population estimates, only those necessary 
for developing its final tax gap estimates. However, NRP population 
estimates are a rich source of data about the nature and extent of sole 
proprietor noncompliance. Consequently, our report sometimes presents 
NRP population estimates and sometimes final tax gap estimates. 

Most Sole Proprietors Underreported Business Income, but a Small 
Proportion Accounted for the Bulk of Unpaid Taxes: 

The significant amount of sole proprietor noncompliance reported in 
IRS's tax gap estimates is caused by underreporting of net business 
income, including the misreporting of both gross business income and 
expenses. The distribution of the resulting unpaid taxes is uneven. A 
small proportion of sole proprietors, but still a significant number, 
has relatively large amounts of unpaid taxes. 

Most Sole Proprietors Underreported Net Business Income, Misreporting 
Both Gross Income and Expenses: 

Based on the unadjusted NRP results, an estimated 70 percent of 
Schedule C filers in 2001 (about 12.9 million) made an error when 
reporting net business income (that is, net profit or loss on line 31 
of Schedule C). Most of the misreporting was underreporting. These NRP 
results showed that an estimated 61 percent of Schedule C filers 
underreported their net income and 9 percent overreported. 

These reporting errors resulted in $93.6 billion, before adjusting, of 
misreported net business income as shown in figure 3. This misreporting 
included an estimated $99 billion of underreported and $5.4 billion of 
overreported net income. 

The underreporting of net business income was caused by misreporting of 
both gross income and expenses, as shown in figure 3. An estimated 39 
percent of sole proprietors (6.9 million) made an error on the gross 
income line of Schedule C and underreported about $53 billion net after 
subtracting overstatements from understatements. An estimated 73 
percent of sole proprietors (10.9 million) made an error on the total 
expense line of the Schedule C and overreported about $40 billion net 
after subtracting understatements from overstatements.[Footnote 9] 
Overstating expenses reduces net business income and thus taxes. 
However, understating expenses may also contribute to understated tax 
if it is done to disguise understating higher amounts of gross income. 

The misreporting of expenses was spread over all the 23 expense 
categories on the Schedule C. However, 55 percent of expense 
misreporting was concentrated in four categories: car and truck, 
depreciation, supplies, and other. 

Figure 3: Summary of Unadjusted NRP Population Estimates for Schedule C 
Misreporting, Tax Year 2001: 

[See PDF for image] 

Source: GAO presentation of IRS information.

Notes: Each line estimate is computed separately. For example, the 
estimate of total expenses is based on a different number of tax 
returns than for net profits. For this reason, in part, the percentage 
of returns with errors for total expenses is greater than those for net 
profits. The computations and confidence intervals are discussed in 
app. I. 

[A] A positive NMA refers to misreporting that could understate tax. 
Therefore, the NMA for income items is understatements minus 
overstatements, and the NMA for expense items is overstatements minus 
understatements. 

[End of figure]

The unadjusted NRP results underestimate the amount of misreporting. 
The estimates in figure 3 are based on errors detected in the NRP 
reviews. IRS knows that not all misreporting is detected during its 
examinations, including NRP reviews. Unreported cash receipts, for 
example, are difficult to detect. IRS uses various methodologies and 
other sources of data (on cash transactions, for example) to adjust the 
aggregate NRP results (but not individual line items) to estimate 
misreporting. The NRP data limitations are more fully described in 
appendix I. 

After these adjustments, IRS estimates that sole proprietors 
misreported 57 percent of their net business income in 2001 and that 
the tax gap caused by this misreporting of sole proprietor net business 
income in 2001 was $68 billion. This is a substantial upward adjustment 
from the estimated $36.9 billion in understated taxes from all sources 
on returns with a Schedule C attached based on what NRP 
detected.[Footnote 10] 

Taxpayers misreport income and expenses for a variety of reasons. Some 
misreporting is intentional; some is unintentional. How much 
misreporting is in each category is not known. IRS refers some 
misreporting for criminal prosecution, but often it is impossible to 
tell from a tax return whether errors are intentional. Beyond 
intentional misreporting, reasons for errors include transcription 
mistakes, misunderstanding of the relevant tax laws or regulations, and 
poor recordkeeping. Examples from our review of NRP examination case 
files illustrate some of these types of reporting errors: 

* The sole proprietor operated a cash-card business and reported about 
$900,000 in gross receipts on the Schedule C. The business is largely 
done with cash transactions. The examiner found evidence of more than 
$1 million in additional sales income, as well as additional expenses 
from purchases, leading to an adjustment of about $30,000 for Schedule 
C net income. The adjustment contributed to a total proposed additional 
tax assessment of about $8,000. 

* The sole proprietor owned a construction business and reported 
Schedule C losses of over $30,000. The examiner found that that the 
sole proprietor had poor business skills and shoddy records. Organizing 
the documentation to support the Schedule C required over 25 hours of 
examiner time and resulted in net adjustments to receipts and expenses 
on the Schedule C of over $45,000. 

* The sole proprietor owned a retail business and reported Schedule C 
gross income of almost $250,000. The examiner proposed adjustments of 
about $9,000 to Schedule C expenses because the expenses were 
undocumented or were personal living expenses not associated with the 
business. In protesting the related assessment to IRS Appeals, the 
taxpayer's representative said that the taxpayer's records were spread 
across several store accounts, several accounts for rental properties, 
and two personal accounts. Eventually, Appeals identified additional 
records and sent the case back to Examination. 

* The taxpayer was selling craft-related items and admitted to the IRS 
auditor that the sales were not engaged in for profit. Accordingly, the 
taxpayer should not have filed a Schedule C, and several thousand 
dollars of expenses reported by the taxpayer on Schedule C were 
disallowed. 

* The taxpayer was a minister and filed a schedule C. The examiner 
explained that although the taxpayer was self-employed in performing 
ministerial services for Social Security purposes, the taxpayer was 
considered an employee for income tax purposes. The taxpayer should not 
have filed a Schedule C. 

Although a Small Proportion of Sole Proprietors, More Than 1 Million 
Accounted for the Majority of Understated Taxes: 

Understated taxes are spread unevenly among the population of sole 
proprietors, and slightly more than 1 million sole proprietors 
accounted for most of the understatements. On one hand, the amount of 
tax understatement caused by underreported net Schedule C income cannot 
be calculated precisely. Understated taxes on a return could result 
from the misreporting of multiple items, and the tax calculations 
depend on all such misreporting rather than just one item.[Footnote 11] 
On the other hand, using the best available data on underreporting 
detected by NRP, we estimate that 72 percent of the underreported 
adjusted gross income (AGI) on income tax returns filed by sole 
proprietors was caused by changes in Schedule C income.[Footnote 12] As 
a result, it is likely that most of the NRP-estimated $36.9 billion 
(unadjusted) in understated taxes on these returns can be attributed to 
underreported net business income on Schedule C. 

Although most sole proprietors had understated taxes, the amounts were 
skewed. Based on NRP estimates, half of sole proprietors who 
understated taxes on their individual income tax returns, understated 
less than an estimated $903 (the 50th percentile amount), as shown in 
figure 4. Above the 50th percentile, the amount of tax understatement 
significantly increased to an estimated $2,527 at the 75th percentile, 
$6,210 at the 90th percentile, and $20,387 at the 98th percentile. 
About 1.25 million sole proprietors accounted for the largest 10 
percent of understatements for which the mean was about $18,000; for 
the largest 5 percent, the mean understatement was about $27,000. By 
comparison, as will be discussed further in the next sections, IRS's 
field examiners assessed on average $27,800 of additional tax for 
examinations of individual returns without Schedule Cs. 

Figure 4: Estimated Understated Tax Amounts by Percentile for Form 
1040s with Schedule Cs Attached, Tax Year 2001: 

[See PDF for image] 

Source: GAO analysis of IRS data.

Notes: Figure 4 excludes returns with no understatement and is based on 
unadjusted NRP results. Confidence intervals are discussed in app. I. 

[End of figure] 

Most of the aggregate $36.9 billion of understated taxes (unadjusted 
NRP estimate) on returns filed by sole proprietors was concentrated in 
a small proportion of sole proprietors. As shown in figure 5, the 11.2 
million sole proprietors at and below the 90th percentile understated 
their taxes by a cumulative $14.3 billion. The remaining 10 percent 
(1.25 million) above the 90th percentile understated a cumulative $22.6 
billion in taxes, accounting for 61 percent of the total. 

Figure 5: Estimated Cumulative Understated Taxes by Percentile for Form 
1040s with Schedule Cs Attached, Tax Year 2001: 

[See PDF for image] 

Source: GAO analysis of IRS data. 

Notes: Figure 5 excludes returns with no understatement and is based on 
unadjusted NRP results. Confidence intervals are discussed in app. I. 

[End of figure]

When arrayed by the size of the sole proprietor and based on reported 
gross receipts, understated taxes are less skewed. Based on Schedule C 
gross receipts, those sole proprietors at or below the 90th percentile 
($127,462) accounted for 65 percent of cumulative understated taxes 
($23.9 billion of $36.9 billion).[Footnote 13] Those with the largest 
10 percent of gross receipts accounted for the other 35 percent or 
$12.9 billion of the understated taxes. 

Enforcement Programs Have Limited Reach over Sole Proprietors but Still 
Make Billions of Dollars in Recommended Assessments: 

IRS's two main programs for addressing sole proprietor reporting 
compliance[Footnote 14]--AUR and Examination--have limited reach over 
noncompliant sole proprietors, although they annually contact hundreds 
of thousands of taxpayers and recommend billions of dollars in 
assessments. Table 1 shows the types of sole proprietor noncompliance 
that AUR and Examination investigate, the percentage of the 
noncompliant sole proprietor population with recommended assessments, 
and the limitations of the programs. 

Table 1: Percentage of Recommended Assessments and Limitations of IRS 
Enforcement Programs for Detecting Sole Proprietor Reporting 
Noncompliance: 

IRS program: AUR; 
Sole proprietor noncompliance addressed: Inaccurately reported gross 
receipts; 
Percentage of noncompliant population with recommended assessments: 
2.7[A]; 
Program limitations: 
* Form 1099-MISC is not required to be filed on all gross receipts 
(e.g., sales of goods); 
* Form 1099-MISC is not always filed as required because of various 
barriers; 
* Does not address sole proprietor expenses; 
* Does not follow up on all the mismatches identified; 
* Some information submitted by taxpayers is not verified. 

IRS program: Examination; 
Sole proprietor noncompliance addressed: Receipts and expense 
noncompliance; 
Percentage of noncompliant population with recommended assessments: 
1.4[B]; [Empty]; 
Program limitations: 
* Most examinations are not designed to address sole proprietor tax 
issues; 
* Examinations can take a lot of time; 
* Recommended assessments are lower from examining sole proprietor 
issues compared to examining other types of tax return issues. 

Source: GAO analysis of IRS data. 

[A] Tax year 2003, the most recent year for which the appropriate AUR 
data were available. 

[B] Examinations conducted in fiscal year 2005 on calendar year 2004 
returns, the most recent year for which the appropriate Schedule C 
filing data were available. 

[End of table] 

Assuming that Schedule C filers would misreport net income at the same 
rate in subsequent years as they did in 2001, AUR recommended that 
additional tax be assessed on about 2.7 percent of noncompliant sole 
proprietors for tax year 2003.[Footnote 15] Similarly, Examination 
recommended that additional tax be assessed on about 1.4 percent of 
noncompliant sole proprietors for returns from tax year 2004.[Footnote 
16] 

AUR Is Restricted by Limits on Information Reporting and Other Program 
Constraints but Still Identifies Significant NEC Noncompliance: 

AUR cannot detect all sole proprietor misreporting because the third- 
party information returns used for matching do not report all sole 
proprietor receipts or expenses. One quarter of sole proprietor 
receipts reported on a Schedule C in 2001 also appeared on a Form 1099- 
MISC that year. Since not all receipts are reported on a Schedule C, 
the true percentage would be lower. Exemptions to information reporting 
requirements prevent greater coverage of sole proprietor receipts. Most 
merchandise sales, nonbusiness services (such as construction or 
repairs for homeowners), and payments of less than $600 are exempt from 
Form 1099-MISC reporting. Additionally, because payments to 
corporations are generally exempt, sole proprietors that want to avoid 
information reporting of their receipts could incorporate. 

Several barriers may inhibit information return filing on NEC payments. 
First, preparing a Form 1099-MISC to report NEC payments can be a 
complex process.[Footnote 17] The general instructions for filling out 
any information return are 21 pages long, and the instructions for Form 
1099-MISC are 8 pages long. Payers must figure out whether the 
businesses they have hired are independent contractors or exempt 
corporations and whether the payments meet other exemption criteria as 
well as acquire the payees TINs or EINs. 

Second, submitting Form 1099-MISC returns is not convenient. In its 
instructions, IRS requires payers to use forms printed with red, 
magnetic ink so that IRS scanners can more easily process the forms; 
payers are instructed not to print Form 1099-MISC off of IRS's Web 
site. However, we observed plain paper Form 1099-MISC returns being 
scanned in IRS's Ogden, Utah, processing center. Furthermore, payers 
must submit Form 1099-MISC returns separately from their tax returns. 
There is $50 penalty, as the instructions prominently remind payers, 
for failing to use the correct form. In practice, IRS may not assert 
the penalty for every violation because of the administrative and 
collection costs. 

IRS has an Internet-based system for submitting information returns 
called Filing Information Returns Electronically (FIRE), but barriers 
exist to the use of that system. FIRE requires payers to put return 
information in a particular format that IRS can use, which requires 
appropriate software that payers must purchase. Payers cannot simply 
call up a Web site and fill out an online form, and they need to 
register with IRS before using the system.[Footnote 18] The likelihood 
that a payer would submit a Form 1099-MISC return electronically 
decreases as the number of forms that the payer files decreases. For 
example, IRS data from tax year 2005 show that 93 percent of paper Form 
1099-MISC returns were filed by payers with 24 or fewer submissions. 
One common tax preparation software package allows users to print Form 
1099-MISC and submit them to IRS on paper, but the users cannot 
transmit Form 1099-MISC returns electronically as they can income tax 
returns. This software vendor said that it had a special arrangement 
with IRS for its users to print Form 1099-MISC on plain paper. 

Paper forms are more costly for IRS to process than electronically 
filed forms. With paper, IRS workers scan forms into a database and 
visually verify that the information was scanned correctly, a labor- 
intensive process. A substantial number of Form 1099-MISC returns are 
filed on paper. For filing year 2005, the Form 1099-MISC constituted 87 
percent of all the paper information returns submitted that IRS could 
scan. Nearly 40 percent of Form 1099-MISC returns (31.5 million) were 
submitted via paper that year. 

AUR Is Limited by a Lack of Resources, Expense Matching, and 
Examination Authority: 

Because of resource constraints, IRS officials said they do not contact 
taxpayers in all cases where AUR finds a mismatch between what was 
reported on an information return and what was reported on a tax 
return. The annual average of NEC-related contacts for tax years 1999 
through 2003 is much less than half of the roughly 2 million cases that 
AUR officials say they annually identify for taxpayer contacts caused 
by potential NEC underreporting.[Footnote 19] 

Also, AUR matching generally does not address misreported Schedule C 
expenses. First, according to IRS, AUR does not match sole proprietors' 
Schedule C expenses with the information returns they file for their 
own payments. Second, third-party information generally is not required 
on sole proprietor expenses.[Footnote 20] 

AUR reviewers are directed to consider the reasonableness of the 
taxpayers' responses to notices but generally do not examine the 
accuracy of the information in the responses because they do not have 
examination authority.[Footnote 21] IRS officials said that addressing 
larger issues raised in the returns would take more time and possibly 
reduce the productivity of AUR overall. Consequently, taxpayers could, 
after being contacted by AUR about underreported NEC, create fictitious 
expenses to offset the underreported NEC. 

AUR does not systematically check for related parties trying to shift 
income from a tax return in a high-rate bracket to another return with 
a lower bracket. Related parties may include taxpayers who own multiple 
businesses, husbands and wives who file separate tax returns, unmarried 
couples, siblings, or parents and their children. IRS data showed that 
3 percent of all Form 1099-MISC returns had the same address for the 
payer and the payee--one indicator that a related-party transaction 
might exist. A nonrandom file review of 55 Form 1099-MISC filings at 
IRS's Ogden, Utah, campus found 8 examples in which the payer and payee 
had similar addresses or names. We did not determine the 
appropriateness of the apparent related-party transactions in the IRS 
Form 1099-MISC data based on the incidence of name and address matches. 

Two NRP cases are illustrative of apparent related-party transactions 
involving Form 1099-MISCs. In one case, a couple shared a financial 
account, and one of them was a sole proprietor. The sole proprietor, 
who earned more than $450,000 as an executive at a separate company, 
paid the other individual to run the sole proprietorship and deducted 
the payment on a Schedule C. The sole proprietorship had over $100,000 
in losses and less than $1,000 in revenue. In the case file, an 
examiner noted that a Form 1099-MISC was filed on the NEC income paid 
from the executive to the person at the same address. This case file 
did not note whether the payment inappropriately shifted income to 
lower the couple's overall tax liability or whether the payment was an 
allowable business deduction for services actually rendered as an 
ordinary and necessary expense of carrying out a business, as required 
by the Internal Revenue Code.[Footnote 22] In another case, however, 
IRS disallowed deductions for wages that a psychiatrist paid to his 
children because the taxpayer did not show that the children had 
rendered services or even that the wages were paid--only that the 
deductions were taken. 

Despite Limitations, AUR Annually Recommends Hundreds of Millions of 
Dollars in Assessments on NEC Misreporting: 

Annually, AUR receives more than 80 million 1099-MISC forms. From those 
submissions, AUR contacts hundreds of thousands of taxpayers about 
potential sole proprietor misreporting on those forms and makes 
billions of dollars in recommended assessments. From tax years 1999 
through 2003,[Footnote 23] AUR annually, on average, sent 371,989 
notices on NEC cases and recommended $666 million in tax assessments. 
Figure 6 shows the trends in NEC contacts and total recommended 
assessments that AUR made from 1999 through 2003. 

Figure 6: Number of AUR NEC Contacts Made and Total Recommended 
Assessments, Tax Years 1999-2003: 

[See PDF for image] 

Source: GAO analysis of IRS data.

[End of figure] 

Contacts and assessments related to underreported NEC make up a 
significant portion of the AUR caseload. Of more than 60 categories 
that AUR uses to sort income data, the two NEC categories combined rank 
first in the number of contacts with taxpayers and in the dollars of 
recommended assessments made from tax year 1999 through tax year 2003. 
NEC cases constituted 17 percent of all AUR contacts and 21 percent of 
all AUR assessments for tax years 1999 through 2003. 

Examination Program Is Not Geared toward Schedule C Issues but Still 
Finds Significant Noncompliance: 

Most of IRS's examinations do not focus on noncompliance by sole 
proprietors.[Footnote 24] Correspondence examinations account for the 
majority of IRS's examinations that IRS did in fiscal year 2006 and 
generally take the least amount of time to conduct, typically an hour 
or less, because they deal with simple, limited issues. Schedule C tax 
issues are generally too complex to make an examination through 
correspondence practical. For example, in our review of NRP files, we 
found a case in which an examiner manually sorted through a taxpayer's 
records and organized them to accurately calculate the taxes owed--a 
task that could not occur through correspondence. In any case, IRS's 
correspondence tax examiners, the lowest-graded examiners, do not have 
the training to examine many Schedule C issues, such as business 
depreciation or accounting methods. 

Schedule C tax issues typically must be addressed in field 
examinations. Field examinations took 20 hours on average to complete 
in fiscal year 2006. Furthermore, field examinations of returns with 
Schedule C forms took about 50 percent longer per return (7.2 hours 
more) to complete than those not categorized as Schedule C returns in 
that year. 

Among field examinations, the recommended additional tax assessed for 
examinations of returns with attached Schedule C forms tended to be 
smaller than for other types of examinations. For example, the average 
recommended assessment for revenue agents examining returns with 
attached Schedule C forms (the employees most likely to do these 
examinations) was $24,000 in fiscal year 2006. This was $3,800 less 
than examinations of returns without Schedule C attachments and was 
less than the average dollars per return for 18 other types of returns 
without Schedule C attachments, such as tax-shelter program cases. 

The relatively higher costs and lower yields for Schedule C 
examinations do not necessarily mean than Schedule C examinations are 
not cost-effective. The statistics reported above include only the 
additional taxes expected from the taxpayer who was examined. 
Examinations may have a deterrent effect on other taxpayers and 
increase the rate of voluntary compliance.[Footnote 25] Because the 
rate of noncompliance is so high for sole proprietors, any change in 
their voluntary compliance from doing more examinations could result in 
significant revenue increases. 

IRS has been examining more tax returns with attached Schedule C forms, 
resulting in billions of dollars in recommended tax assessments. From 
fiscal years 2001 through 2006, the number of examinations of returns 
that IRS categorized as Schedule C returns increased by 132 percent, 
from 128,062 to 297,626, as shown in figure 7.[Footnote 26] In fiscal 
year 2006, IRS examined about 3 percent of the Schedule C categorized 
returns. Recommendations of additional tax assessments also increased 
each year. The large increase in these assessments in 2005 was 
primarily for returns reporting income greater than $100,000. IRS 
officials also cited Son of Boss fraud cases from fiscal years 2005 and 
2006 and increased examination efficiency as causes for the upward 
trends.[Footnote 27] Assessments do not reflect amounts actually 
collected. Amounts ultimately collected are not yet known from the 
examinations closed in 2005 and 2006. 

Figure 7: Examinations of Returns with Schedule C Attachments and 
Recommended Tax Assessments, Fiscal Years 2001-2006: 

[See PDF for image] 

Source: GAO analysis of IRS data.

[End of figure] 

IRS Did Not Always Apply Negligence Penalties during NRP: 

IRS did not apply negligence penalties in a substantial portion of NRP 
cases with a tax change. IRS uses negligence penalties[Footnote 28] to 
encourage compliance and to assure compliant taxpayers that the tax 
system is fair. 

Although sole proprietors were more frequently penalized than non-sole 
proprietors, just 62 percent of the sole proprietors who had a 100 
percent or more tax change in their tax liability after the NRP 
examination and had a tax change of $10,000 or more were penalized. For 
smaller tax changes, the percentage penalized was lower. Figure 8 
summarizes the penalty results from the NRP examinations for tax 
returns with a 100 percent or more change for sole proprietors and non- 
sole proprietors. 

Figure 8: Recommended Penalties for Sole Proprietors and Non-Sole 
Proprietors in NRP Examinations with a 100 Percent or Greater 
Recommended Tax Change by Dollar Value of Tax Change in Tax Year 2001: 

[See PDF for image] 

Source: GAO analysis of IRS information.

[End of figure] 

Our NRP case file review provided some examples in which penalties were 
not assessed at all or seemed to be assessed inconsistently. 

* A sole proprietor reported AGI of about $10,000 and zero tax 
liability on the return. An examiner proposed total adjustments of 
about $3,000, which included unreported Schedule C receipts and 
overstated expenses resulting in additional tax of about $450. The 
examiner proposed a negligence penalty of about $90, explaining that 
the taxpayer did not take reasonable care in preparing the tax return, 
which was done by a tax preparer. 

* A sole proprietor reported AGI of about $90,000 and a tax liability 
of about $16,000. An examiner proposed total adjustments of about 
$35,000, based on unreported Schedule C receipts and overstated 
expenses, and a tax increase of $15,000. The examination workpapers 
explained that no negligence penalty was proposed since the tax 
preparer was responsible for most of the adjustments. 

The differences in individual cases might be caused in part by IRS 
procedures that give revenue agents discretion on whether to pursue a 
penalty, even when the tax change is substantial.[Footnote 29] 
Recommended penalties must be reviewed by the examiner's manager. 
Explanations ranging from a lack of knowledge to reliance on a paid 
preparer can lead some examiners to mitigate a penalty but not others. 

IRS officials said the application of penalties in NRP cases should be 
similar to that for operational examinations because NRP examiners were 
required to follow IRS's standard guidance for penalties. We have 
started work on a study that will more fully analyze the use of 
penalties in IRS's operational examinations. 

Current Treasury Tax Gap Strategy Discusses Neither Sole Proprietor 
Noncompliance nor the Many Options That Could Address It: 

The tax gap strategy issued by Treasury in September 2006 does not 
discuss sole proprietor noncompliance or specific options to address 
it. A number of options to improve sole proprietor compliance exist and 
could be considered as part of the overall tax gap strategy. Each 
option has both pros (such as improved compliance) and cons (such as 
burdens on taxpayers or third parties). 

Tax Gap Strategy Does Not Specifically Discuss Sole Proprietor 
Noncompliance: 

Treasury's tax gap strategy does not discuss specific options to 
address the tax gap overall or sole proprietor noncompliance in 
particular. As we discussed in February 2007 testimony,[Footnote 30] 
the strategy generally does not identify specific steps that Treasury 
and IRS[Footnote 31] will undertake to reduce the tax gap, the related 
time frames for such steps, or explanations of how much the tax gap 
would be reduced. Rather, the strategy broadly discusses opportunities 
for tax evasion and the preventive role of tax research, information 
technology, compliance activities, taxpayer service, tax law 
simplification, and working with stakeholders. For example, the portion 
on improving compliance activities generally discusses initiatives on 
expanded information reporting, improved document matching, refined 
detection programs, and increased examinations in selected areas. 
However, no specifics are provided. Without specifics, the strategy 
does not include actions that potentially would reduce the tax gap. 

Since the mid-1990s, we have reported on the need for a strategy to 
address the federal tax gap as well as sole proprietor noncompliance. 
In May 1994, we summarized many ideas on reducing the tax gap, 
including ideas on information reporting, tax withholding, and tax 
simplification.[Footnote 32] In August 1994, we reported on the lack of 
a comprehensive linkage between IRS's compliance strategy and 
compliance efforts for sole proprietors and on the need for better 
systems to identify the causes of noncompliance and target enforcement 
resources.[Footnote 33] More recently, in July 2005, we reported that 
IRS needed a results-oriented approach to reduce the tax gap based on 
long-term, quantitative voluntary compliance goals and performance 
measures to determine the success of its strategies and adjust as 
necessary.[Footnote 34] In April 2006, we testified that IRS had 
established such compliance goals but lacked a data-based plan for 
achieving the goals.[Footnote 35] In February 2007, we testified on the 
need for multiple approaches to reduce the tax gap, including improved 
taxpayer services, tax code simplification, more information reporting, 
and an appropriate level of resources for tax enforcement.[Footnote 36] 
Our products related to the tax gap are listed in the Related GAO 
Products section at the end of this report. 

IRS is not without some of the elements of a tax gap strategy. IRS's 
management continually makes decisions about reallocating resources and 
has taken steps that demonstrate an understanding of the value of a 
more strategic approach. One important step is NRP, which gives IRS 
management more information about the nature of noncompliance and is 
being used to better target examinations on noncompliant taxpayers. 
IRS's annual budget requests include specific compliance program 
proposals. For example, the fiscal year 2008 budget submission had 16 
legislative proposals on tax gap reduction. Some of these proposals 
related to sole proprietors, such as those requiring information 
reporting on certain government payments made for the procurement of 
property and services and on merchant card payment reimbursements. 
Several IRS and Treasury experts, and other knowledgeable individuals 
also commented that many of these options would be applicable to any 
small business regardless of its organizational form (such as 
partnerships, limited liability companies, and corporations). However, 
these elements do not make up the type of long-term, comprehensive 
strategy, described above, that provides an overall rationale and 
specific steps, time frames, and predicted impact on the tax gap. 

Many Options for Improving Sole Proprietor Compliance Exist and Could 
Be Considered for the Tax Gap Strategy, But All Have Trade-offs: 

Many options exist that could help reduce sole proprietor 
noncompliance. These options range from enhancing IRS's assistance to 
taxpayers to instituting tax withholding on payments made to all or 
certain types of sole proprietors. Each option has pros and cons. 

We identified options and their pros and cons by reviewing our reports 
and the reports of others on sole proprietor compliance as well as 
through extensive conversations with experts and knowledgeable 
individuals inside and outside of IRS. Consistent with our previous 
reports, we tried to identify options that represented a range of 
approaches, such as improving taxpayer service, more information 
reporting, and various enforcement actions. Many of the options are 
directed at the specific sole proprietor compliance problems and IRS 
program limitations described earlier in this report. We placed the 
options into broad categories of problems, such as poor recordkeeping, 
unreported business income, and overstated business expenses. Our list, 
in table 2, is not exhaustive and not ranked in any order. Appendix II 
contains a longer description of each option, including pros and cons. 

Table 2: Options to Improve Sole Proprietor Tax Compliance: 

A. Recordkeeping and complexity:
1. Work with small business representatives to improve instructions for 
keeping records and completing the Schedule C;
A. Recordkeeping and complexity:
2. Provide assistance to first-time Schedule C filers; 
a. Target outreach to sole proprietors filing their first Schedule C--
IRS could provide guidance to help them keep records and report 
accurately on their Schedule C forms; 
b. Notify first time Schedule C filers who did not use a paid tax 
preparer and who reported on certain Schedule C lines known to generate 
more noncompliance about guidance on IRS's Web site; 
A. Recordkeeping and complexity:
3. Separate business and personal records and transactions; 
a. Require sole proprietors to include all business transactions in a 
financial account or accounts used only for business purposes; 
b. Require sole proprietors to obtain TINs for business transactions in 
lieu of using their Social Security numbers. 
A. Recordkeeping and complexity:
4. Repeal certain limitations in section 530 of the Budget Act of 1978 
involving guidance on rules on classifying workers. 

B. Burdens and problems for third parties in filing information 
returns: 
5. Clarify Schedule C instructions to indicate that an information 
return may be required from sole proprietors who are deducting expenses 
for wages, fees, and commissions; 
B. Burdens and problems for third parties in filing information returns:
6. Ensure that IRS's Web-based system for filing information returns 
can accommodate those filing information returns on payments made to 
sole proprietors; 
B. Burdens and problems for third parties in filing information returns:
7. Create a new Form 1099-NEC to segregate the NEC from the various 
boxes on the existing Form 1099-MISC. 

C. Unreported sole proprietor income: 
8. Expand gross receipts reporting on the Schedule C; 
C. Unreported sole proprietor income:
9. Close gaps in existing information reporting on payments made to 
sole proprietors, for example, by requiring information reporting on 
annual service payments that are; 
a. made to all corporations or to some subset, such as small 
corporations, non-publicly held corporations, or noncompliant 
corporations, or; 
b. less than $600, which is the current trigger for information 
reporting; 
C. Unreported sole proprietor income:
10. Require new information reporting by organizations on payments to 
sole proprietors; 
a. Require businesses that process credit (and debit) card payments to 
report on the amount of payments made to sole proprietors for a tax 
year; 
b. Require federal, state, and local governments to file information 
returns on all nonwage payments made to procure property and services 
from businesses; 
c. Require financial institutions to file information returns on 
business deposits and withdrawals by sole proprietors; 
C. Unreported sole proprietor income:
11. Require new information reporting on consumer payments to sole 
proprietors for property owners who pay contractors for improvements, 
if the payments will be used to adjust the basis of the property. 

D. Overstated deductions for sole proprietor expenses:
12. Expand expense reporting on the Schedule C;
D. Overstated deductions for sole proprietor expenses:
13. Match information returns filed by sole proprietors with related 
expenses on their Schedule C forms; 
D. Overstated deductions for sole proprietor expenses:
14. Expand information reporting on the expenses of sole proprietors 
under two options; 
a. Require businesses that receive certain types of payments from sole 
proprietors in large amounts (i.e., thousands of dollars) to file 
information returns to report those amounts; 
b. Require businesses that process credit (and debit) card payments to 
report information on the amount of payments by sole proprietors for 
each tax year; 
D. Overstated deductions for sole proprietor expenses:
15. Verify additional expenses claimed to offset unreported income. 

E. Nonpayment of tax: 
16. Deny benefits/payments until tax obligations are met, for example, 
by requiring that; 
a. sole proprietors pay their self-employment tax obligations in order 
to receive credit for Social Security benefits and; 
b. federal agencies do a tax compliance check with IRS before providing 
a government benefit to a sole proprietor; 
E. Nonpayment of tax.
17. Withhold tax to encourage compliance through situational or 
universal means by requiring those who are to file information returns 
on payments made to sole proprietors to; 
a. withhold a small amount from payments until the sole proprietor's 
TIN is certified through an IRS system that is quick and accurate and; 
b. withhold a very small percentage of the payments made to sole 
proprietors in all cases or in limited situations, such as when the 
sole proprietor voluntarily consents. 

F. IRS management of limited resources: 
18. Improve IRS's audit selection of sole proprietor tax returns in at 
least two ways; 
a. Use more advanced automated systems to update the current manual 
system; 
b. Improve the ability of AUR to refer cases for audit; 
F. IRS management of limited resources:
19. Enhance data sharing with the states; 
F. IRS management of limited resources:
20. Use informational notices to encourage compliance; 
F. IRS management of limited resources:
21. Revise the rules for penalties to improve consistency and 
compliance under two options; 
a. Simplify the process for assessing penalties and develop standards 
on using penalties; 
b. Increase the penalty for subsequent failures to file required 
information returns. 

Source: GAO analysis and interviews with tax experts and knowledgeable 
individuals. 

[End of table] 

All the options have pros and cons. Because the options are presented 
as concepts, rather than as detailed plans ready for implementation, 
the pros and cons could vary with such detail. In most cases, pros and 
cons are described qualitatively and are not intended to be exhaustive; 
additional analysis might find others. In general, the pros include 
helping sole proprietors to comply voluntarily, helping IRS detect and 
prevent underreporting of income and understatement of taxes, and 
reducing the burden on taxpayers or third parties for filing tax 
returns and information returns. The cons include the costs and burdens 
imposed on sole proprietors, third parties, and IRS. 

We are not recommending particular options for a number of reasons: 

* Trade-offs. IRS has other compliance objectives in addition to sole 
proprietor compliance. Devoting more IRS staff and other resources to 
close the sole proprietor tax gap means that fewer resources are 
available for combating other types of noncompliance, such as 
corporate, individual, or tax-exempt entity noncompliance. Forgoing 
enforcement revenue elsewhere is an opportunity cost of devoting more 
resources to sole proprietor noncompliance. Also, the resources and 
management capacity devoted to sole proprietor noncompliance may not be 
sufficient to implement all the options. Priorities would need to be 
established. 

* Interaction between options. Some of the options may be substitutes 
for each other. Others may be complements. Improving assistance to 
taxpayers might reduce the need for some enforcement actions. Some of 
the options may reinforce each other--such as expanded information 
reporting and more convenient filing options--making it desirable to 
package them together. 

* Policy judgments. Some of the options involve policy judgments about 
how the options would affect different groups of people. For example, 
information reporting invariably imposes some costs on the third 
parties required to report, but no objective criteria exist for 
assessing when third-party costs are excessive. In many cases, 
quantitative information about the effects is not available. Judgments 
would have to be made based on qualitative information. 

For all of these reasons, we are not ranking or otherwise making 
recommendations on the value of each option, nor are we opining on 
which options should be packaged together and in what manner. The 
options could be considered as part of an overall Treasury and IRS tax 
gap strategy. For most options, Treasury and IRS would need to develop 
the details on how the options would work both singly and as part of a 
coordinated strategy. Issues that could be considered in an overall 
strategy include how much emphasis should be placed on: 

* sole proprietor noncompliance versus other types of noncompliance, 

* efforts to help sole proprietors voluntarily comply versus efforts to 
help IRS detect noncompliance after it occurs, 

* the reporting requirements and added burden placed on sole 
proprietors versus the reporting requirements and burden placed on 
third parties, and: 

* legislative changes versus administrative changes at IRS. 

Conclusions: 

The tens of billions of dollars in tax revenue lost annually because 
sole proprietors under report over half of their aggregate net income 
contribute to the nation's long-term fiscal challenge. This 
underreporting is also unfair to compliant taxpayers. Because 
underreporting is spread among more than 12 million sole proprietors, 
much of it in small amounts, because the underreporting is for both 
gross income and expenses, and because IRS's enforcement programs are 
limited and costly, the sole proprietor tax gap cannot be closed by IRS 
enforcement alone. As we have said before, improving compliance will 
require a variety of new approaches. 

Many options exist for improving sole proprietor compliance; however, 
they all have individual pros and cons, some may be substitutes for 
each other and some may reinforce each other. Trade-offs also exist at 
a broader level. Devoting more IRS resources to sole proprietor 
compliance must be judged relative to what those resources could 
accomplish in IRS's other programs. Furthermore, IRS's resources are 
not the only ones devoted to tax administration. Taxpayers and third 
parties spend their time and money to make our tax system work. For 
these reasons, the options are best considered as part of an overall 
strategy. Such a strategy would provide more assurance that taxpayer, 
third party, and IRS resources are being used efficiently to promote 
compliance. 

Recommendation for Executive Action: 

We recommend that the Secretary of the Treasury ensure that the tax gap 
strategy includes (1) a segment on improving sole proprietor compliance 
that is coordinated with broader tax gap reduction efforts and (2) 
specific proposals, such as the options we identified, that constitute 
an integrated package. 

Agency Comments and Our Evaluation: 

We requested written comments from the Secretary of the Treasury and 
received comments on behalf of the Treasury from its Tax Legislative 
Counsel (see app. VI). In commenting on a draft of this report, the 
Treasury said that although not addressed specifically, the seven 
elements of the department's strategy are intended to apply broadly to 
all types of businesses and individual taxpayers, including sole 
proprietorships. Treasury also stated that this report provides 
valuable insight for applying the strategy to the tax gap. IRS and 
Treasury also provided technical comments on a draft of this report, 
which we incorporated as appropriate. IRS did not provide written 
comments. 

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 Secretary of 
the Treasury, the Commissioner of Internal Revenue, and other 
interested parties. This report will also be available at no charge on 
GAO's Web site at [hyperlink, http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-9110 or whitej@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. Key contributors to this report are 
listed in appendix VII. 

Signed by:

James R. White:
Director, Tax Issues: 
Strategic Issues: 

[End of section] 

Appendix I: Scope and Methodology: 

To describe the nature and extent of the noncompliance associated with 
sole proprietors, we analyzed the Internal Revenue Service's (IRS) 
National Research Program (NRP) results, tax gap estimates, and 
Statistics of Income (SOI) data, and interviewed IRS officials. The NRP 
data are IRS estimates of individual tax reporting compliance based on 
reviews and examinations of filed tax returns. IRS randomly selected 
the returns for tax year 2001, which were filed with IRS during 
calendar year 2002. To compute the percentage of returns with an 
understatement or overstatement on a Schedule C line and the net 
misreported amounts, IRS used the following definitions, including 
related limitations: 

Percentage of returns with an error: This ratio is the weighted number 
of taxpayers that have a non-zero net misreported amount divided by the 
weighted number of returns that should have reported the amount. For 
some items, taxpayers may have errors that exactly offset each other 
resulting in no net tax change. For example, a taxpayer may have 
reported a transaction as an "office expense," but an examiner 
reclassified the same amount as "repairs and maintenance." NRP did not 
consider these offsetting changes as errors for those line items. 

Net misreported amounts (NMA): The NMA is the sum of all amounts 
underreported minus the sum of all amounts overreported for an item. 
The NMA does not include adjustments between schedules of the return. 
For example, the NRP examiner may disallow reported amounts for expense 
deductions on Schedule C that should have been reported on Schedule A 
and increase the deductions on Schedule A by the same amounts. Neither 
adjustment would be in IRS's NMA. However, the adjustments would be 
included in IRS's definition of the amounts that should have been 
reported, which are reflected in the denominator of the net 
misreporting percentage. The NMA does not include adjustments that were 
made because the taxpayer used the wrong form or line item. 

Because the percentage of returns with an error and the NMA are derived 
from samples, table 3 lists the confidence intervals for each amount. 
IRS did not compute confidence intervals for its estimates. When we 
calculated confidence intervals, we got slightly different point 
estimates than IRS. The difference appears to arise from varying 
definitions of sole proprietors. We are 95 percent confident that the 
percentages and amounts reported are between the low estimate and the 
high estimate. In the body of this report, we present IRS's point 
estimates. 

Table 3: Confidence Intervals for Summary of Schedule C Misreporting 
for Tax Year 2001: 

Dollars in billions. 

Schedule C line: Gross income, line 7; 
Percentage of returns with an error: Low estimate: 38; 
Percentage of returns with an error: GAO calculated percentage: 40;  
Percentage of returns with an error: High estimate: 42; 
Percentage of returns with an error: IRS percentage reported: 39; 
Net misreported amount: Low estimate: $52.8; 
Net misreported amount: GAO calculated amount: $56.8; 
Net misreported amount: High estimate: $60.8; 
Net misreported amount: IRS reported amount: $52.6. 

Schedule line C: Car and truck expenses, line 10; 
Percentage of returns with an error: Low estimate: 44; 
Percentage of returns with an error: GAO calculated percentage: 46; 
Percentage of returns with an error: High estimate: 48; 
Percentage of returns with an error: IRS percentage reported: 50; 
Net misreported amount: Low estimate: 6.9; 
Net misreported amount: GAO calculated amount: 7.5; 
Net misreported amount: High estimate: 8.1; 
Net misreported amount: IRS reported amount: 7.8. 

Schedule line C: Depreciation and section 179 expense deduction, line 
13; 
Percentage of returns with an error: Low estimate: 36; 
Percentage of returns with an error: GAO calculated percentage: 38; 
Percentage of returns with an error: High estimate: 41; 
Percentage of returns with an error: IRS percentage reported: 42; 
Net misreported amount: Low estimate: 2.0; 
Net misreported amount: GAO calculated amount: 2.4; 
Net misreported amount: High estimate: 2.8; 
Net misreported amount: IRS reported amount: 2.7. 

Schedule line C: Supplies, line 22; 
Percentage of returns with an error: Low estimate: 34; 
Percentage of returns with an error: GAO calculated percentage: 36;  
Percentage of returns with an error: High estimate: 38; 
Percentage of returns with an error: IRS percentage reported: 41; 
Net misreported amount: Low estimate: 2.4; 
Net misreported amount: GAO calculated amount: 2.8; 
Net misreported amount: High estimate: 3.2; 
Net misreported amount: IRS reported amount: 2.9. 

Schedule line C:  Other expenses, line 27; 
Percentage of returns with an error: Low estimate: 50; 
Percentage of returns with an error: GAO calculated percentage: 52;  
Percentage of returns with an error: High estimate: 54; 
Percentage of returns with an error: IRS percentage reported: 55; 
Net misreported amount: Low estimate: 7.2; 
Net misreported amount: GAO calculated amount: 8.5; 
Net misreported amount: High estimate: 9.8; 
Net misreported amount: IRS reported amount: 9.0. 

Schedule line C: Total expenses, line 28; 
Percentage of returns with an error: Low estimate: 67; 
Percentage of returns with an error: GAO calculated percentage: 69;  
Percentage of returns with an error: High estimate: 71; 
Percentage of returns with an error: IRS percentage reported: 73; 
Net misreported amount: Low estimate: 36.4; 
Net misreported amount: GAO calculated amount: 38.6; 
Net misreported amount: High estimate: 40.8; 
Net misreported amount: IRS reported amount: 40.4. 

Schedule line C: Net profit or loss, line 31; 
Percentage of returns with an error: Low estimate: 68; 
Percentage of returns with an error: GAO calculated percentage: 70;  
Percentage of returns with an error: High estimate: 72; 
Percentage of returns with an error: IRS percentage reported: 70; 
Net misreported amount: Low estimate: 91.7; 
Net misreported amount: GAO calculated amount: 95.8; 
Net misreported amount: High estimate: 99.9; 
Net misreported amount: IRS reported amount: 93.6. 

Source: GAO analysis of IRS data. 

[End of table] 

Estimated understated tax amounts, as shown in figure 4, were derived 
from NRP sample data. Table 4 lists the estimated percentile amount and 
confidence intervals for each percentile. We are 95 percent confident 
that the percentages and amounts reported are between the low and high 
estimates. 

Table 4: Confidence Intervals for Estimated Understated Tax Amounts by 
Percentile for Individual Income Tax Returns with Schedule Cs Attached, 
Tax Year 2001. 

Percentile: 25th; 
Percentile lower confidence interval amount: $255; 
Estimated percentile amount: $273; 
Percentile upper confidence interval amount: $294. 

Percentile: 50th; 
Percentile lower confidence interval amount: 859; 
Estimated percentile amount: 903; 
Percentile upper confidence interval amount: 956. 

Percentile: 75th; 
Percentile lower confidence interval amount: 2,422; 
Estimated percentile amount: 2,527; 
Percentile upper confidence interval amount: 2,674. 

Percentile: 90th; 
Percentile lower confidence interval amount: 5,976; 
Estimated percentile amount: 6,210; 
Percentile upper confidence interval amount: 6,766. 

Percentile: 95th; 
Percentile lower confidence interval amount: 10,635; 
Estimated percentile amount: 11,081; 
Percentile upper confidence interval amount: 12,353. 

Percentile: 98th; 
Percentile lower confidence interval amount: 19,631; 
Estimated percentile amount: 20,387; 
Percentile upper confidence interval amount: 64,075. 

Source: GAO analysis of IRS data. 

[End of table] 

Estimated cumulative understated tax amounts, as shown in figure 5, 
were derived from NRP sample data. Table 5 lists the estimated 
percentile amount and confidence intervals for each percentile. We are 
95 percent confident that the percentages and amounts reported are 
between the low and high estimates. 

Table 5: Confidence Intervals for Estimated Cumulative Understated 
Taxes by Percentile for Individual Income Tax Returns with Schedule Cs 
Attached, Tax Year 2001: 

Dollars in billions. 

Percentile: 25th; 
Percentile lower confidence interval amount: 0.30; 
Estimated percentile amount: 0.36; 
Percentile upper confidence interval amount: 0.44. 

Percentile: 50th; 
Percentile lower confidence interval amount: 1.84; 
Estimated percentile amount: 2.05; 
Percentile upper confidence interval amount: 2.35. 

Percentile: 75th; 
Percentile lower confidence interval amount: 6.31; 
Estimated percentile amount: 6.93; 
Percentile upper confidence interval amount: 7.65. 

Percentile: 90th; 
Percentile lower confidence interval amount: 13.47; 
Estimated percentile amount: 14.26; 
Percentile upper confidence interval amount: 15.64. 

Percentile: 95th; 
Percentile lower confidence interval amount: 18.24; 
Estimated percentile amount: 19.37; 
Percentile upper confidence interval amount: 21.08. 

Percentile: 98th; 
Percentile lower confidence interval amount: 23.68; 
Estimated percentile amount: 24.91; 
Percentile upper confidence interval amount: 33.06. 

Percentile: 100th; 
Percentile lower confidence interval amount: 34.77; 
Estimated percentile amount: 36.86; 
Percentile upper confidence interval amount: 38.95. 

Source: GAO analysis of IRS data. 

[End of table] 

According to IRS Research officials, NRP results are not tax gap- 
related estimates since they do not account for misreporting that the 
auditors did not detect. Typically, the undetected misreporting of 
Schedule C net income likely takes the form of understated gross 
receipts and overstated expenses, for which IRS did not prepare 
separate tax gap estimates. Overstated expenses tend to be detected 
since the burden of proof is on the taxpayer to justify them. However, 
when taxpayers intentionally understate gross receipts, they may also 
understate expenses to hide the gross-receipt underreporting from IRS. 
Also, NRP includes estimates of some net business income that is not 
reported on Schedule C. These amounts are not added to the line-item 
detail and are not included in the analyses for this report. We could 
not estimate the amount of tax change that would result from NRP's 
examinations of Schedule C income because it must be combined with the 
taxpayer's filing status, exemptions, other types of income, 
deductions, credits, and other taxes. 

To analyze the extent to which IRS's enforcement programs address the 
types of sole proprietor noncompliance found by IRS's most recent 
research, we used several data sources. We reviewed instructions for 
tax and information returns and filing guidance as well as program 
procedures. We analyzed program results data collected from the 
Automated Underreporter Program (AUR) and Examination officials, and 
interviewed IRS staff on the operations and results of AUR and the 
correspondence, office and field examination programs. We reviewed 
examination plans and Internal Revenue Manual procedures and other 
instructions to IRS staff describing program procedures. We analyzed 
data on examination results and numbers of Schedule C forms filed from 
the IRS Data Book, and data on paper Form 1099-MISC returns published 
by IRS's Office of Research for 2006. We did not analyze IRS's math 
error program since all NRP-examined returns were reviewed by this 
program, which is an integral part of IRS's returns processing 
function. 

To calculate the percentage of noncompliant sole proprietors on which 
AUR and Examination made recommended assessments, we first multiplied 
the percentage of noncompliant sole proprietors found in NRP data by 
the number of Schedule C returns for the most recent years that we had 
available from the IRS Data Book that matched the most recent years for 
which we had complete AUR and Examination data (tax year 2003 for AUR 
and tax year 2004 returns for work Examination did in fiscal year 
2005). Then we divided the number of recommended assessments made in 
each program by the number of noncompliant sole proprietors to arrive 
at the percentage of noncompliant sole proprietors on which the 
programs made recommended assessments. 

We reviewed a sample of completed NRP examination case files to 
understand the types of sole proprietor noncompliance being detected. 
We selected the sample using the NRP case results database to identify 
all NRP cases with adjustments to Schedule C items for sole proprietor 
tax returns. We then selected a nonestimation sample of NRP examination 
cases with adjustments to gross receipts or sales, total expenses, net 
profit or loss on the Schedule C, and the business income line on the 
Form 1040 return, because these lines summarize the sole proprietor's 
operations. We also randomly selected some Schedule C adjustment cases. 

We also used NRP data and the NRP case file sample to analyze IRS's use 
of penalties in NRP examinations. The analysis describes the proportion 
of NRP cases closed with adjustments and the proportion closed with a 
penalty recommended by the NRP examination. Because the cases with 
adjustments and penalties were not drawn from the population of all 
individual returns, they cannot be used to estimate a penalty 
assessment rate and other characteristics for all individual taxpayers. 
Even with these limitations, this analysis provides useful information 
on the outcome of the NRP sample. 

To estimate the percentage of reported Schedule C receipts that were on 
a Form 1099-MISC, we compared amounts reported on the Form 1099-MISC 
and on Schedule C (line 1 total gross receipts or sales). This analysis 
used SOI data on individual tax returns for tax year 2001, which 
included a sample of information returns. We found that three Form 1099-
MISC items could be reported on a Schedule C, including nonemployee 
compensation (NEC), medical payments, and fish sales. According to IRS, 
these Form 1099-MISC items could also be reported on two other IRS 
forms--Schedule F, Profit and Loss From Farming, and Form 4835, Farm 
Rental Income and Expenses--other than the Schedule C. We found that 
about 4 percent of the amounts reported on the Form 1099- MISC were 
reported on Schedule F or Form 4835. This difference was not material 
to our computation. Further, our analysis did not consider several 
sources of noncompliance that could affect the computation, such as the 
nonfiling of the required Schedule C or Form 1099-MISC or the 
underreporting of Schedule C or Form 1099-MISC amounts. 

To estimate the percentage of Form 1099-MISC returns where the payer 
and the payee have the same address, we used an SOI data file with tax 
year 2001 individual income tax return information. We compared the 
postal codes and the numeric portion of street addresses reported by 
the payer and payee to identify whether they had the same address. For 
those who did, we reviewed a sample to verify that the addresses were 
the same. We also reviewed 55 Form 1099-MISC filings at the Ogden, 
Utah, campus, which provided 8 examples in which a payer and payee had 
similar addresses or names. We did not review other IRS records to 
determine whether these Form 1099-MISC filers were related parties. 

To assess the likelihood of being assessed a penalty, controlling for 
other factors, we used logistic regression analysis, an econometric 
method appropriate for analyzing variables with dichotomous outcomes. 
We used the deciles of the continuous variables as the independent 
variables in the model. We did not weight the NRP returns or 
incorporate the NRP stratification because penalties are a function of 
the audit and the NRP returns are not representative of audited 
returns. 

Controlling for use of a paid preparer, adjusted gross income, Schedule 
C amount, and total tax as reported by the taxpayer, a logistic 
regression was used to predict a penalty based on the absolute value of 
the difference between the total tax reported on the Form 1040 and the 
total tax after the NRP audit and the percentage of tax change (the 
difference in total tax divided by the total tax reported on the Form 
1040). We found a significant effect of the percentage change in tax 
owed and the absolute value of the tax change on the likelihood of 
receiving a penalty. That is, individuals in higher deciles (5th 
through 10th deciles) of the percentage increase in tax were generally 
more likely than those in the lowest decile to be recommended for a 
penalty. Additionally, taxpayers in higher deciles of the absolute 
value of the tax change (4th through 10th deciles) were more likely 
than those in the lowest decile to be recommended for a penalty 
controlling for other factors. We also found that the odds of a penalty 
decreased with each decile increase in the taxpayer's reported total 
tax liability. 

Although we did not test for interactions that could mitigate this 
effect, we found our results to be robust across a variety of model 
specifications. We did not control for other potentially relevant 
variables, such as differences among examiners, and did not test for 
whether the case was abated. 

We used several approaches to identify options to close the tax gap 
related to sole proprietors that could be included in the tax gap 
strategy being developed by the Department of the Treasury (Treasury). 
First, we sought ways to address the gaps between the nature of sole 
proprietor tax noncompliance and existing IRS programs. Second, we 
reviewed various research publications on sole proprietors and our 
recommendations, as well as those from the President's Budget, 
President's Advisory Panel on Federal Tax Reform, Treasury Inspector 
General for Tax Administration, IRS's Taxpayer Advocate, and IRS 
advisory group reports. Third, we identified and discussed options and 
their the pros and cons with experts and knowledgeable individuals on 
sole proprietor compliance issues, including former Commissioners of 
Internal Revenue; persons who have experience with IRS or other federal 
programs related to sole proprietors; representatives for various 
national organizations representing sole proprietors, tax return 
preparers, or tax lawyers; tax staff working for Congress; and relevant 
staff at IRS and Treasury. All of the national organizations 
representing sole proprietors had large memberships and we contacted 
each organization's committee which focuses on small business issues. 
From this work, we consolidated the list of options and pros and cons. 
We excluded a few options that were raised near the end of our work, 
lacked details, or generated comments or questions from experts and 
knowledgeable individuals on how the options would work. 

The list of options is not exhaustive and has limitations. Since data 
did not exist for analyzing the effect on the tax gap, taxpayers, or 
IRS for each option, we could not independently validate or weigh the 
pros or cons suggested by our experts and knowledgeable individuals. 
Because the experts and knowledgeable individuals had competing 
interests on questions of tax policy and administration, we did not 
seek consensus on the "best" options or on the pros and cons. Experts 
had limited time to discuss all the options and pros and cons. Thus, we 
did not discuss each option in detail in each interview, but overall, 
the interviews provided enough details for the options in our report. 
As a result of such limitations, we did not try to rank the options. 
Instead we described the options based on input from the literature and 
experts. More detailed proposals could raise other pros or cons not 
listed in our report. 

We used several approaches to assess data reliability. We assessed 
whether the examination results and data contained in the NRP database 
were sufficiently reliable for the purposes of our review. For this 
assessment, we interviewed IRS officials about the data, collected and 
reviewed documentation about the data and the system used to capture 
the data, and completed testing of relevant data fields for obvious 
errors in accuracy and completeness. We completed analytic testing to 
ensure that tax return items that should logically be equal were equal. 
For example, the net profit and loss line on Schedule C should be 
accurately transferred and equal to the similar line on the individual 
income tax return. We also compared the information we collected 
through our case file review to corresponding information in the NRP 
database to identify inconsistencies. This testing found that the NRP 
results for Form 1040 returns with Schedule C forms were sufficiently 
reliable for our review. 

The tax gap, SOI, AUR, and Examination data are all from sources that 
we used in previous reports. Based on assessments done for those 
reports, the fact that the sources are public and widely used, and 
additional testing we did to ensure that we were properly interpreting 
individual data elements, the data were sufficiently reliable for our 
review. 

We conducted our review at IRS Headquarters in Washington, D.C., and at 
IRS's Ogden, Utah, campus from July 2006 through June 2007 in 
accordance with generally accepted government auditing standards. 

[End of section] 

Appendix II: Options to Address Problems with the Tax Compliance of 
Sole Proprietors: 

We have developed a list of options for reducing the tax gap for sole 
proprietors by reviewing our past reports as well as other related 
literature and by talking to experts and knowledgeable persons about 
sole proprietors' tax compliance. As we built the list of options, we 
discussed the options and the related pros and cons with these experts, 
including past and current IRS and Treasury staff; former IRS 
Commissioners; congressional staff; representatives of organizations 
representing sole proprietors, tax preparers, and tax lawyers; and 
others who have working knowledge of tax compliance and IRS programs. 

This list is not exhaustive nor is the list of the pros and cons 
associated with each option. Many of the options are concepts rather 
than fully developed proposals with details of how they would be 
implemented. Additional detail could bring more pros and cons to light. 
The pros and cons are not weighted, and options should not be judged by 
the number of pros and cons. We are not making recommendations about 
the options or ranking their desirability. Rather, we have aligned 
these options with a series of known problems with sole proprietor tax 
compliance. Some of the options overlap, covering more than one problem 
while other options only deal with specific aspects of a problem. 

A. Recordkeeping and Complexity: 

For our system of voluntary compliance to work, taxpayers must keep 
appropriate records. Our work on sole proprietors has raised issues 
about incomplete or inaccurate recordkeeping by sole proprietors as 
well as about the difficulties they face in dealing with complex tax 
rules. The options in this section look for ways to improve 
recordkeeping, simplify some of the rules, or provide more guidance and 
education to sole proprietors to reduce their burden. 

1. Work with small business representatives on their ideas for 
improving the instructions for keeping records and meeting their 
Schedule C filing obligations: 

More education and better guidance could help sole proprietors comply 
with the complex tax rules for reporting on the Schedule C. IRS could 
work with small business and trade representatives to determine whether 
and how specific changes to IRS's existing education and guidance would 
help those filing the Schedule C. 

Pro: 

* Helping educate sole proprietors on their recordkeeping requirements 
and filing obligations (Schedule C and information returns) could 
reduce noncompliance. 

* The costs to update the instructions is probably minimal, while the 
cost for the education would not be. 

Con: 

* Getting specific ideas that would help sole proprietors might take 
some time and effort, depending on the extent to which IRS tests these 
ideas. 

* It may be difficult to target the education and guidance and improve 
instructions for the sole proprietors who need them the most, that is, 
those who keep poor records or make errors on the Schedule C. These 
sole proprietors may not have the time or incentive to pay attention. 

* Changes may not help those who rely on a paid tax return preparer or 
bookkeeper because of IRS's tendency to forward tax information to the 
taxpayer but not to the tax return preparer. 

* Some education efforts could be costly to IRS, such as efforts to 
contact taxpayers individually. 

2. Provide assistance to first-time Schedule C filers: 

IRS could consider at least two broad approaches that would: 

a) specifically target outreach to sole proprietors filing their first 
Schedule C to inform them about the option to receive regular e-mails 
on topics of interest, the small business hotline, the resource guide, 
and other services specifically targeted to help small businesses and: 

b) automatically send computer-generated notices (i.e., soft notices) 
to first-time Schedule C filers who did not use a paid tax preparers 
(to reduce the number of notices) and who reported on certain Schedule 
C lines that involve more complexity or higher noncompliance (e.g., 
accounting method, depreciation, travel, or home office) about guidance 
on IRS's Web site on reporting such issues. 

Pro: 

* This would provide new sole proprietors with the specific information 
that they need to comply. 

* It would also help new sole proprietors avoid "bad habits" before 
they become rooted. 

* Using e-mail would reduce IRS's costs. 

* Using automated screening and soft notices would increase IRS's 
"presence" without the costs of an enforcement contact (e.g., audit). 

Con: 

* There is no assurance that sole proprietors will read the information 
and comply. 

* Some sole proprietors may not use e-mail or want to provide an e-mail 
address to IRS. 

* IRS would incur some costs for the outreach and notices. 

* Soft notices may not boost compliance if they are too vague or if 
sole proprietors perceive that IRS will not follow up in future tax 
years on the soft notices. 

* Waiting to act until after the first Schedule C filing may be too 
late to change the behavior of some sole proprietors. 

3. Separate business and personal records and transactions: 

Two requirements could help sole proprietors distinguish their business 
transactions and records from personal ones. Details would need to be 
worked out on any exceptions or tolerances; on offering incentives 
rather than requirements; and on enforcing and penalizing any 
noncompliance with the requirements, which follow. 

a) Require sole proprietors to include all business transactions in a 
business bank account or accounts used only for business purposes. Such 
transactions would include deposits of business receipts and payments 
of business expenses. Receipts or expenses generated outside of the 
business would not be part of these business accounts. Further, 
financial institutions could provide sole proprietors with an annual 
summary of inflows and outflows for the business account(s). 

b) Require each sole proprietor to obtain a taxpayer identification 
number (TIN) for a business. Currently, sole proprietors generally are 
required to obtain business TINs, known as employer identification 
numbers (EIN), when they have wage-earning employees for filing certain 
types of returns. In this option, sole proprietors could use EINs for 
their business transactions in lieu of using their Social Security 
numbers. 

Pro: 

* Recordkeeping could improve, which would reduce the time and burden 
of preparing returns and responding to IRS's inquiries. 

* IRS could save money if its computer matching and audits could be 
done more quickly and with more certainty. 

* Retroactively creating fictitious business expenses after the tax 
year would be easier to detect. 

* Tax compliance would improve to the extent that sole proprietors 
would weed out personal expenses from their business expenses. 

Con: 

* Financial institutions may charge fees for separate business accounts 
and statements. 

* Taxpayers who want to evade may not deposit all their income in the 
business accounts or still could run personal expenses through their 
business accounts. 

* It might be unnecessary or burdensome for Schedule C filers who are 
not regularly operating a business but have intermittent Schedule C 
receipts and expenses. 

* IRS may have difficulty enforcing such a requirement. 

4. Repeal certain limitations in section 530 of the Budget Act of 1978 
involving guidance on rules for classifying workers: 

Lift the limitations on IRS issuing rules and guidance on the criteria 
to determine whether a worker is to be treated as an employee or an 
independent contractor for tax purposes as well as on the related safe 
harbors for employers that classified workers as independent 
contractors. 

Pro: 

* Guidance and rules might help clarify confusion in the myriad of 
employment relationships that have evolved since 1978. 

* Clarification might help ensure that the correct amounts of taxes are 
being paid. 

Con: 

Some types of sole proprietors might prefer: 

* legislative clarification rather than trusting IRS to lead the 
efforts to clarify and: 

* living with the current confusion rather than opening the door to 
changes, particularly if they do not trust IRS to make equitable 
decisions about the proper classification or the existing safe harbors. 

B. Burdens and Problems for Third Parties in Filing Information Returns:

Information reporting offers a way to cover more of the income of sole 
proprietors who do not report all of their gross receipts. However, 
information reporting suffers when the information returns are not 
filed or are filed erroneously and late. Those filing the information 
returns may face difficulties or burdens in filing information returns 
on paper or when a sole proprietor does not provide a valid TIN. A 
number of options exist to better ensure that IRS receives the required 
information returns on payments made to sole proprietors while 
minimizing the burden of those filing these information returns. 

5. Clarify Schedule C instructions to indicate that information returns 
may be required to be filed by sole proprietors who deduct expenses for 
wages, fees, and commissions:

Pro: 

* To the extent more Forms 1099-MISC are filed, sole proprietors are 
likely to be more compliant in reporting business income. 

* The instructions would provide another outlet for notifying taxpayers 
of their Form 1099-MISC reporting obligations at a minimal cost. 

Con: 

* If those who are to file the required information returns do not read 
or follow the instructions, the clearer instructions would not boost 
required filings. 

* If IRS receives more information returns, its costs to process and 
use them would rise. 

6. Change the IRS Web-based system for filing information returns to 
accommodate those filing information returns on payments made to sole 
proprietors, particularly those filing a smaller number of information 
returns:

Pro: 

* To the extent more Forms 1099-MISC are filed, sole proprietors are 
likely to be more compliant in reporting business income. 

* Web-based filing could reduce the costs, burdens, and errors for 
everyone compared to filing/processing paper information returns. IRS 
may be able to reduce its start-up costs by modifying its Filing 
Information Returns Electronically system. 

Con: 

* If those who are to file the required information returns are not 
comfortable filing information through the Web, do not have access to 
computers, or do not want to file them at all, more filings of the 
required returns may not occur. 

* If IRS requires extensive registration steps in order to file on the 
Web, some filers might find those steps too burdensome. 

* IRS would incur start-up costs to create a new form and a Web-based 
filing system. 

* IRS would incur additional costs to process and use the information 
from a significant increase in the number of filed information returns. 

7. Create a new Form 1099-NEC to segregate NEC from the various boxes 
on the existing Form 1099-MISC: 

Although payment of NEC would trigger the requirement to file a Form 
1099-NEC, IRS could request other summary information in the expanded 
space on this separate form about payments to sole proprietors, such as 
expenses reimbursed, noncash payments, type of services received, or 
payments for goods. 

Pro: 

* To the extent more information returns are filed with the new form 
and filed more clearly, 

1. sole proprietors are likely to be more compliant in reporting 
business income, 

2. filing would be less confusing, 

3. IRS could refine its computer matching to minimize "false" leads 
that burden compliant taxpayers, and: 

4. IRS would have better data to improve its research and case 
selection for enforcement contacts to the extent that IRS requested 
other information. 

Con: 

* IRS has no assurance that a new form would reduce taxpayers' burden 
enough to lead to more filings of the required information returns. 

* IRS would incur additional costs if it has to process a significant 
increase in the number of filed information returns and if it has to 
expand its existing enforcement activities to check compliance in 
filing these types of required information returns. 

C. Unreported Income for Sole Proprietors: 

For tax year 2001, about 70 percent of the sole proprietors misreported 
about 57 percent of their net business income. IRS's examinations are 
limited in number and scope and do not find much of the unreported 
income. Information reporting offers a way to cover more noncompliant 
sole proprietors and focus on unreported gross receipts. However, 
information reporting covered just a quarter of the gross receipts 
reported on Schedule Cs. One reason for the gap is that current 
information reporting focuses on payments for services and excludes 
certain payments, such as those totaling below a certain threshold and 
those to corporations. These options attempt to address these gaps in 
information reporting for sole proprietors. 

8. Expand gross receipts reporting on the Schedule C: 

Sole proprietors would break out their total gross receipts on the 
Schedule C to show the amount reported to them on information returns. 
Other information could be required, such as the number of information 
returns received and details on large payments. 

Pro: 

* Sole proprietors could be more sensitized to use the information 
returns received and thus more accurately report gross receipts. 

* IRS could be more productive in detecting unreported gross receipts 
by matching the Schedule C and information returns filed or analyzing 
the ratio of total gross receipts reported on the Schedule C and 
information returns in audit selection. 

* No additional burden would be placed on third parties. 

Con: 

* The reporting is unlikely to stop all businesses that wish to hide 
payments. 

* If their records do not account for whether the income was reported 
on a Form 1099-MISC, sole proprietors may have an additional burden to 
report the information. 

* IRS would incur some costs to process and use the additional data. 

9. Close gaps in existing information reporting on payments made to 
sole proprietors: 

Information returns are not required on all payments for services, 
creating gaps when matching information returns that are filed to 
determine if all the service payments received have been properly 
reported. Two options to address these gaps include requiring 
information reporting on annual service payments that (1) are made to 
all corporations or to some subset , such as small corporations, non- 
publicly held corporations, or noncompliant corporations (clear 
definitions of exclusions would be needed), and (2) total less than 
$600, which now triggers information reporting. 

Pro: 

* Sole proprietors who incorporate or receive payments below $600 
should be more likely to comply in reporting business income. 

* Sole proprietors would be less likely to structure payment amounts to 
avoid information reporting. 

* Businesses would not have to distinguish between incorporated and 
unincorporated businesses in determining whether to file information 
returns. 

* IRS could improve the productivity of its computer matching for 
unreported income. 

Con: 

* Businesses that file more information returns could incur significant 
costs and burdens, particularly if they have to expand their 
recordkeeping or make distinctions between small and large 
corporations. 

* IRS would incur costs to process and match more information returns, 
and might not be able to use all of the new data if the number filed 
increases significantly. 

* The information returns would be unlikely to encourage larger 
corporations that provide services to comply or help IRS find 
unreported income among larger corporations. 

* Those receiving payments that are less than $600 might not account 
for much of the unreported income or might not be more noncompliant 
than other sole proprietors. 

10. Require new information reporting by organizations on payments to 
sole proprietors: 

These options would offer a way to get new information from 
organizations about payments made to sole proprietors. 

a) Require businesses that process credit card payments for merchants 
to report information on the amount of payments made to sole 
proprietors for a tax year. This reporting could be a summary or 
include details for payments above some specified amount. 

b) Require federal, state, and local governments to file information 
returns on all nonwage payments made (or those above a threshold) for 
property and services from corporate and noncorporate businesses. 
Certain payments, such as those related to interest, real property, and 
tax-exempt entities, would be excluded. 

c) Require financial institutions to file information returns on 
business deposits and withdrawals by sole proprietors, which would be 
facilitated to the extent that business transactions are segregated in 
business accounts under business TINs. 

Pro: 

* Sole proprietors covered by any of these options might be more 
compliant in voluntarily reporting more business income on their 
Schedule Cs. 

* Each of the options would provide information that IRS could use to 
select better enforcement cases or to be more productive in its 
enforcement activities. For example, credit card reporting could allow 
IRS to develop a ratio of credit card receipts to all receipts reported 
by sole proprietors by type of industry, and knowing deposit and 
withdrawal activity could allow IRS to better identify sole 
proprietors' gross receipts through its bank deposit analysis method. 
Similarly, the information can be used to avoid selecting a company for 
audit if the information reports suggest that the taxpayer is 
compliant. 

Con: 

* Credit card companies and financial institutions would have some 
reporting costs. 

* Governments would incur some reporting costs, but they already would 
have to incur similar costs to meet the tax withholding requirement 
that Congress approved for these payments starting in 2011, and federal 
agencies are already required to file some of these data with IRS for 
federal contracts.[Footnote 37] 

* IRS would incur some costs to analyze the information from all the 
options and to figure out its best uses to identify underreporters. 

* IRS might find it hard to use the increased amount of information 
returns at all or productively. 

* If some businesses that use credit cards want to underreport income, 
they might move more transactions to the cash economy. 

* The information would not help identify unreported income among sole 
proprietors who do not use credit cards, do not have accounts with 
financial institutions, or do not contract with governments. 

* To the extent that financial institutions are reporting deposits and 
withdrawals related to nonbusiness activities, or that sole proprietors 
move funds between multiple business accounts, the information could 
create false leads for IRS that burden compliant taxpayers. 

11. Require new information reporting on consumer payments to sole 
proprietors: 

This option envisions new information reporting by organizations but 
also by consumers. It would require property owners to report on 
payments made to contractors for improvements if the payments will be 
used to adjust the basis of the property for depreciation or sales 
purposes. Property owners would be required to report the contractors' 
TINs. Absent the information return in their records, the property 
owners could not adjust the basis for tax purposes. 

Pro: 

* Information reporting on such contracts could cover a substantial 
dollar value. 

* Sole proprietors may be more likely to report the payments on their 
tax returns. 

* The payment information could cover a larger portion of the gross 
receipts than just service payments. 

* Consumers would not have to be burdened with distinguishing the type 
of business or type of payment in doing the reporting, and overall 
burden would be limited by how often they contract for improvements. 

* Property owners would have some incentive to report the contractor 
payments and a defensible foundation for basis adjustments claimed in 
the future. 

Con: 

* The incentive for property owners may dissipate if their basis 
adjustments offer few tax benefits because they do not depreciate or 
are not expected to have a taxable gain when they are sold, or because 
property owners do not keep the information returns in their records in 
order to compute and justify adjustments to basis many years later. 

* Property owners would have some burden to track and report the 
information and to deal with contractors that do not want to provide 
their TINs, for which some recourse would be needed. 

* If contractors want to avoid having these payments reported to IRS, 
they could negotiate with property owners for a lower price in return 
for property owners not filing the information returns. 

* IRS would have to spend some time and money sorting the information, 
particularly if the information is reported on paper rather than 
electronically, and then using the information for research or 
enforcement. 

* IRS might find it hard to use all of the new information or to use it 
productively. 

* Some may view disallowing a basis adjustment as a harsh penalty for 
failing to file an information return. 

D. Overstated Deductions for Sole Proprietor Expenses: 

A portion of the $68 billion sole proprietor tax gap arises from 
overstating deductions for business expenses. Based on what NRP 
detected, IRS has estimated for 2001 that about 73 percent of the sole 
proprietors misreported about $40 billion in expense deductions. 
Although IRS auditors find it easier to check claims for expense 
deductions than to hunt for unreported income, IRS audits cover few of 
the noncompliant sole proprietors who overstate business deductions. 
And the information reporting system does not cover payments made by 
sole proprietors that could be deductible business expenses. The 
options in this section look to provide more information about expenses 
to allow IRS to match or otherwise use to find overstated deductions. 

12. Expand expense reporting on the Schedule C: 

Sole proprietors would break out the amount of payments made for 
services on the relevant expense lines of the Schedule C. Additional 
information could be required, such as for payments above a specified 
amount. 

Pro: 

* Sole proprietors might be more sensitized to the need to accurately 
claim expense deductions on the Schedule C and the need to also report 
them on required information returns. 

* Tax preparers would have more incentive to check expense reporting 
compliance. 

* If adequate, IRS could use the data to detect overstated expenses by 
matching amounts reported as expenses on the Schedule C lines with the 
amounts reported on information returns filed by the sole proprietor or 
by analyzing the ratio of total expenses to amounts reported on an 
information return's audit selection. 

* No additional burden would be placed on third parties. 

Con: 

* IRS might have difficulties processing and matching all of the new 
expense data. 

* IRS would incur difficulties, such as extra costs, to process and use 
the additional data. 

* If their records are incomplete on their expenses and information 
returns or their accounting systems do not break out expenses by the 
services provided, sole proprietors may have an additional burden to 
report the information. 

* This would not stop all reporting noncompliance. 

13. Match information returns filed by sole proprietors with related 
expenses on their Schedule Cs: 

IRS would match the existing information returns filed by sole 
proprietors to report their payments made for wages, services, and so 
forth to the related lines of the Schedule C in order to see whether 
the expenses claimed are consistent with the amounts reported on the 
information returns. As with any computer match, IRS would need to 
develop rules for doing the match and tolerances for contacting the 
sole proprietors about discrepancies. 

Pro: 

* Such reverse matching could help identify excess deductions, 
especially for wages, without incurring the costs of audits. 

* If sole proprietors learn about the reverse matching, they may become 
more compliant in reporting expenses: 

* This matching would not impose any new burdens on third parties and 
little burden on compliant sole proprietors if the matching criteria 
are effective. 

Con: 

* Beyond wages and possibly some types of nonemployee compensation, IRS 
may find it difficult to effectively match expenses in order to avoid 
contacting compliant sole proprietors. 

* If sole proprietors want to overstate deductions and know that IRS 
can use the information returns they file to look for overstated 
deductions, some of them may file fictitious information returns. 

14. Expand information reporting on the expenses of sole proprietors: 

The expanded information reporting to cover expenses claimed on the 
Schedule C could include two options: 

a) Businesses receiving certain types of payments from sole proprietors 
in large amounts (i.e., thousands of dollars) would file information 
returns to report those amounts by type of expense. Beyond limiting 
such reporting to large dollar amounts (which would need to be set), 
the reporting also could be limited to certain types of payments that 
are easier to report or that tend to be overstated as expenses on the 
Schedule C (e.g., rents, fees, insurance, and travel). 

b) Businesses that process credit (and debit) card payments would be 
required to report information on the amount of payments by sole 
proprietors for each tax year. This reporting could be a summary total 
or include more details for payments above some specified amount. IRS 
would need to decide how it would use this information to check for 
overstated expenses on the Schedule C. 

Pro: 

* Having the data might help IRS detect certain overstated expenses 
without incurring the costs of an audit. Otherwise, IRS would have more 
information on the expenses of sole proprietors for use in selecting 
cases for auditing. 

* Sole proprietors might report their expenses more accurately with 
third-party data. 

Con: 

* Third-party businesses doing the reporting would have additional 
costs to file the information returns or burdens to know whether the 
payments are personal or business related. 

* Some businesses might not want to report to IRS about payments they 
receive from sole proprietors, particularly if those payments account 
for most of their gross receipts and they underreport those payments on 
their tax returns. 

* Sole proprietors wishing to avoid the credit reporting may use more 
cash purchases. 

* If IRS were to use the information in a matching program, it would 
incur costs to process and match it in order to avoid contacting 
compliant sole proprietors and to identify personal expenses mixed in 
with business expenses. 

15. Verify additional expenses claimed to offset unreported income: 

Through some form of review or audit of documentation, IRS could verify 
additional business expenses in those cases where sole proprietors 
claim additional expenses after IRS informs them that it has discovered 
unreported business income. 

Pro: 

* IRS could improve the effectiveness of its AUR matching to the extent 
that it stops sole proprietors from claiming unverified expense 
offsets. 

Con: 

* If AUR staff do the verification, IRS would incur costs to train them 
to do the verification and find additional staff to keep up the volume 
of AUR contacts. 

* If audit staff do the verification, IRS would have to make sure that 
the return on investment justifies allocating more expensive, better- 
trained staff to do the verification. 

* If IRS develops some other verification program, it would incur start-
up and operational costs. 

E. Nonpayment of Tax: 

In addition to misreporting business income and expenses, the 
noncompliant sole proprietors do not pay their tax liabilities. Even 
so, they can receive government benefits, such as contract payments and 
Social Security credits. And they are not subject to a proven tax 
compliance technique for many individual taxpayers--tax withholding. 
This section lists options that could help induce sole proprietors to 
meet their tax obligations to receive benefits or avoid tax 
withholding. 

16. Deny benefits/payments until tax obligations are met: 

One way to induce sole proprietors to pay their taxes owed is to deny 
them government benefits unless they have paid the taxes. Federal 
agencies that provide the benefits would need to check for tax 
compliance with IRS, and the prohibitions against disclosing tax data 
would need to be revised to ensure that the authority exists. Two 
options for checking tax compliance before providing government 
benefits are to: 

a) require that sole proprietors pay their self-employment tax 
obligations in order to receive credit for Social Security benefits or: 

b) require federal agencies to do a tax compliance check with IRS 
before making a contract payment or otherwise providing a government 
benefit (certain loans or grants) to a sole proprietor (either all or 
just contractors). At a minimum, a check would be made to see whether 
the sole proprietor has unfiled tax returns or unpaid tax liabilities. 

Pro: 

* Sole proprietors would have an incentive to meet their tax 
obligations. 

* This would help ensure that compliant sole proprietors' competitors 
pay their taxes. 

Con: 

* To the extent that sole proprietors are not motivated by the loss of 
Social Security credits or government benefits, some of them may 
continue to not pay their taxes. 

* Sole proprietors could be unjustly denied credits or benefits because 
of a systemic/human error and thus would need some venue for seeking an 
administrative remedy. 

* Federal agencies would incur costs to check compliance and might 
incur some contracting delays if the compliance checks take a lot of 
time. 

* Denying some types of loans/grants (e.g., for disaster or poverty) 
may be seen as harsh. 

17. Withhold tax to encourage tax compliance: 

Another way to induce sole proprietors to pay their taxes owed is to 
require situational or universal tax withholding from the payments made 
to them. Two basic options would require those who are to file 
information returns (e.g., government and business entities) on 
payments made to sole proprietors to do tax withholding: 

a) Withhold a small amount from payments until the sole proprietor's 
TIN is certified. This up-front withholding would replace "backup 
withholding" in those cases where, over a year or more later, IRS 
informs the sole proprietor that the TIN provided is invalid. IRS would 
need a system for quickly and accurately certifying TINs, which can be 
either EINs or Social Security numbers. Also, decisions would be needed 
on how much to withhold and on what to do with the withheld amounts 
(e.g., paid to the sole proprietor once the TIN is certified or 
remitted to IRS and reconciled when the tax return is filed). 

b) Withhold a small percentage of the payments made to sole proprietors 
for services either in all cases or in limited situations, such as when 
sole proprietors (1) voluntarily consent or (2) have a recent history 
of tax noncompliance and IRS has not annually certified that they are 
now tax compliant. 

Pro: 

* Sole proprietors would be more motivated to provide TINs that can be 
certified, file their returns, report their income, and pay their 
taxes. 

* Those paying sole proprietors would probably have fewer burdens from 
withholding the taxes up front compared to doing backup withholding 
over a year later. 

* Using a low rate could get the sole proprietors into the system 
without necessarily creating an undue burden on their business 
operations. 

* IRS would have fewer information returns with erroneous TINs that it 
spends resources trying to correct or that cannot be used in its 
computer matching programs. 

Con: 

* Withholding would create an added burden for those doing business 
with the sole proprietor, especially if they do not have systems for 
doing withholding or periodically remitting tax amounts to IRS, or if 
they would not have had to do backup withholding. 

* Business relationships or operations might be disrupted if IRS's 
system for validating TINs is slow or burdensome, or generates errors, 
while some businesses may refuse to validate the TINs or to withhold 
payments if requested to do so by the sole proprietor that they want to 
use. 

* Even with one low withholding rate, some sole proprietors may be 
burdened if, for example, they operate on thin profit margins or have 
limited working capital. 

* If multiple, withholding rates or exceptions for withholding were 
created by industry, location, years in business, compliance history, 
and so forth to minimize the negative business impacts on sole 
proprietors, questions might arise about complexity, equity, and 
opportunities for "gaming" the system to have a lower or no withholding 
rate. 

* If withholding were limited to sole proprietors, some could 
incorporate or claim to be a corporation to avoid withholding. 

F. IRS Management of Limited Resources: 

Following up on AUR mismatches and conducting examinations are costly. 
Furthermore, some of IRS's compliance and enforcement actions 
mistakenly select compliant, rather than noncompliant, taxpayers. This 
section discusses options for more effectively using IRS's limited 
resources by better using data and other tools. 

18. Improve audit selection of sole proprietor tax returns: 

IRS could explore opportunities for improving its selection of sole 
proprietor tax returns and tax issues to be audited in at least two 
ways. 

a) IRS would use advanced automated selection systems to update the 
current manual classification system to better select returns and tax 
issues for audit. 

b) IRS would improve the ability of AUR to refer cases for audit, such 
as when unverified (e.g., oral) claims about income and expenses are 
made. AUR is limited in pursuing such cases, and IRS Examination 
already has selected many cases for audit by the time the referrals are 
made. 

Pro: 

* IRS could select returns with a higher likelihood of tax changes at a 
lower cost and with lower burden on compliant sole proprietors. 

* More automation could free a number of experienced audit staff who 
help select these returns and these tax issues for audit to do more 
audits. 

* IRS might be able to increase the dollar yield from finding 
unreported income and denying unjustified claims for offsetting 
deductions. 

Con: 

* IRS would incur costs to collect and test enough data to create an 
effective automated system. 

* IRS is likely to still need some manual intervention to account for 
location-specific issues that cannot be programmed into the automated 
system: 

* IRS might find that these AUR cases are still less productive than 
other audit cases. 

19. Enhance data sharing with the states: 

IRS would seek to improve data-sharing arrangements with the states. 
State data could include using business licensing, ownership of real 
estate or other large assets, sales receipts, and tax compliance data 
to identify unfiled returns and underreported income. 

Pro: 

* IRS could cost effectively identify noncompliance, especially 
nonfilers, that it otherwise would miss. 

Con: 

* State data may be difficult to match with federal data because states 
impose different taxes than the federal government, may use a different 
taxable base, and may report the data in a format that IRS cannot 
easily use. 

20. Use informational notices to encourage compliance: 

IRS would send notices (soft notices) to Schedule C filers when it sees 
potential compliance issues that it does not have the resources to 
audit. These notices notify and educate the filers about a potential 
problem with a tax reporting obligation, and suggest that they either 
recheck their filed tax returns or change their reporting on future 
returns. 

Pro: 

* IRS can expand its presence/education and sensitize sole proprietors 
about tax obligations without the costs of enforcement contacts. 

* Some sole proprietors may become more compliant voluntarily. 

Con: 

Some sole proprietors will ignore the soft notices, particularly if 
they are received years after a return was filed or if IRS will not 
take follow-up action regardless of what they do. 

21. Revise the rules for applying penalties to improve consistency and 
compliance: 

One tool to increase compliance is to punish improper behavior with 
penalties. Two options to remedy the inconsistent application of 
penalties are to: 

* simplify the process for assessing penalties and develop standards to 
ensure the consistency of their application to sole proprietor errors 
and misconduct and: 

* make information return penalties scalable by increasing the dollar 
amount of penalties for subsequent failures to file required 
information returns (e.g., the penalty for the tenth failure to file an 
information return may be significantly higher than the first). 

Pro: 

* Sole proprietors who are significantly noncompliant would be 
penalized, and the equity and consistency of penalty application might 
improve. 

* Some sole proprietors might become more compliant if they are certain 
that penalties will be applied. 

* If IRS applies the penalties more consistently, fewer sole 
proprietors may need to incur the burden of seeking abatements for 
unnecessary penalties. 

* IRS could receive more required information returns that are accurate 
and timely. 

Con: 

* If the process becomes too rigid, some sole proprietors might resent 
the perceived inequities. Some sole proprietors might have equity 
concerns if IRS cannot reduce higher penalties caused by a systemic 
glitch for many information returns (e.g., a computer error that 
occurred over and over). 

* If revised penalty rules go too far in accounting for inadvertent 
actions, hardships, and other reasonable causes, the penalty 
consistency may be hard to achieve. 

* If many sole proprietors are required to file only a few information 
returns, scaling penalties would have little impact, and if only a 
small dollar amount of penalties is at stake, IRS procedures are likely 
to continue authorizing abatement of the penalties. 

[End of section] 

Appendix III: IRS Form 1040 Schedule C, Tax Year 2001: 

[See PDF for image]

Source: IRS.

[End of figure]

[End of section] 

Appendix IV: Independent Contractors and Section 530 of the Revenue Act 
of 1978: 

With increased IRS enforcement of the employment tax laws beginning in 
the late 1960s, controversies developed over whether employers had 
correctly classified certain workers as independent contractors rather 
than as employees. In some instances when IRS prevailed in 
reclassifying workers as employees, the employers became liable for 
portions of employees' Social Security and income tax liabilities (that 
the employers had failed to withhold and remit), although the employees 
might have fully paid their liabilities for self-employment and income 
taxes. 

In response to this problem, Congress enacted section 530 of the 
Revenue Act of 1978 (Pub. L. No. 95-600). That provision generally 
allows an employer who meets certain requirements (such as filing 
required information returns) to treat a worker as not being an 
employee for employment tax purposes (but not income tax purposes), 
regardless of the individual's actual status under the common-law test, 
unless the taxpayer has no reasonable basis for such treatment. Under 
section 530, a reasonable basis is considered to exist if the taxpayer 
reasonably relied on (1) past IRS audit practice with respect to the 
taxpayer, (2) published rulings or judicial precedent, (3) long- 
standing recognized practices in the industry of which the taxpayer is 
a member, or (4) any other reasonable basis for treating a worker as an 
independent contractor. Section 530 also prohibits the issuance of 
Treasury regulations and revenue rulings on common-law employment 
status.[Footnote 38] Congress intended that this moratorium to be 
temporary until more workable rules were established but the moratorium 
continues to this day. The provision was extended indefinitely by the 
Tax Equity and Fiscal Responsibility Act of 1982.[Footnote 39] 

The rules to classify a worker as an employee or an independent 
contractor are still complex and often difficult to apply. The 
determination of whether a worker is an employee or an independent 
contractor is generally made under a facts and circumstances test that 
seeks to determine whether the worker is subject to the control of the 
employer, not only as to the nature of the work performed but the 
circumstances under which it is performed. In general, the 
determination of whether an employer-employee relationship exists for 
federal tax purposes is made under a common-law test. 

IRS has developed a list of 20 factors that may be examined in 
determining whether an employer-employee relationship exists. The 20 
factors were developed by IRS based on an examination of cases and 
rulings considering whether a worker is an employee.[Footnote 40] The 
degree of importance of each factor varies depending on the occupation 
and the factual context in which the services are performed.[Footnote 
41] 

Misclassification of workers can be either inadvertent or deliberate. 
Because the determination of classification is factual, reasonable 
people may differ as to the correct result given a certain set of 
facts. Thus, even though a taxpayer in good faith determines that a 
worker is an independent contractor, an IRS agent may reach a different 
conclusion by, for example, weighing some of the 20 factors 
differently. The prohibition on issuance of general guidance by IRS may 
make the likelihood of classification errors greater; IRS is not 
permitted to publish guidance stating which factors are more relevant 
than others. In the absence of such guidance, not only may taxpayers 
and IRS differ, but different IRS agents may also reach different 
conclusions, resulting in inconsistent enforcement. 

A significant issue is the potential revenue loss to the federal 
government when employees are misclassified as independent contractors. 
An IRS survey of 1984 employment tax returns found that nearly 15 
percent of employers misclassified employees as independent 
contractors. When employers classified workers as employees, more than 
99 percent of wage and salary income was reported. When workers were 
misclassified as independent contractors, 77 percent of income was 
reported when a Form 1099-MISC was filed and only 29 percent was 
reported when no Form 1099-MISC was filed. 

[End of section] 

Appendix V: Backup Withholding Rules: 

Persons (payers) making certain types of payments must withhold and pay 
to IRS a specified percentage of those payments under certain 
conditions. Related to sole proprietors, for example, both (1) the 
commissions, fees, or other payments for work as an independent 
contractor and (2) payments by fishing boat operators, but only the 
part that is in money and that represents a share of the proceeds of 
the catch, are reported on Form 1099-MISC. Other payments are not 
subject to backup withholding, including wages, real estate 
transactions, foreclosures and abandonments, and canceled debts. Also 
corporations, governmental entities, and foreign governments generally 
are exempt from backup withholding. 

For backup withholding to be initiated on payments to sole proprietors, 
a payment must be reportable and the payee must fail to furnish a 
correct TIN.[Footnote 42] If an incorrect TIN is provided, IRS is to 
notify the payer regarding the missing, incorrect, or not currently 
issued payee TIN. At that time the payer is required to compare the 
listing with his or her records and send a notice to the payee, asking 
for the correct TIN. Under tax rules, if the payee refuses to provide a 
TIN, the payer is required to immediately begin withholding 28 percent 
of the amount of the payment and remit that amount to IRS. IRS 
procedures describe how the payer is to verify the TIN and request that 
the payee provide a correct TIN. The payer must make up to three 
solicitations for the TIN (initial, first annual, and second annual) to 
avoid a penalty for failing to include a TIN on the information return. 
If the payer files an information return with a missing TIN or with an 
incorrect name and TIN combination, or does not follow the procedure to 
correct the TIN, the payer may be subject to a $50 penalty for each 
incorrect return filed. 

[End of section] 

Appendix VI: Comments from the Department of the Treasury: 

Department Of The Treasury:
Washington, D.C. 20220:

July 10, 2007:

Mr. James R. White: 
Director, Tax Issues:
Strategic Issues:
United States Government Accountability Office: 
Washington, DC 20548: 

Dear Mr. White: 

We appreciate the opportunity to review and provide comments on the 
draft report titled "Tax Gap: A Strategy for Reducing the Gap Should 
Include Options for Addressing Sole Proprietor Noncompliance (GAO-07-
1014)." 

In addition to specific technical comments that we provided to your 
staff, we would like to respond to the report's recommendation that 
"the Secretary of the Treasury ensure that the tax gap strategy 
includes (1) a segment on improving sole proprietor compliance that is 
coordinated with broader tax gap reduction efforts and (2) specific 
proposals such as the options, such we identified, that constitute an 
integrated package." Although not addressed specifically, the seven 
elements of the Treasury Department's strategy are intended to apply 
broadly to all types of business and individual taxpayers, including 
sole proprietorships. As we continue to consider application of the 
strategy to the most significant elements of the tax gap, your report 
will provide valuable insight. 

Thank you for your analysis and suggestions on this important issue. 

Sincerely, 

Signed by: 

Michael J. Desmond:
Tax Legislative Counsel:

[End of section] 

Appendix VII: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

James R. White, (202) 512-9110 or whitej@gao.gov: 

Acknowledgments: 

In addition to the contact named above, Tom Short, Assistant Director; 
Evan Gilman; Eric Gorman; Leon Green; George Guttman; Shirley Jones; 
Donna Miller; Karen O'Conor; Anna Maria Ortiz; and Sam Scrutchins made 
key contributions to this report. 

[End of section] 

Related GAO Products: 

Tax Compliance: Multiple Approaches Are Needed to Reduce the Tax Gap. 
GAO-07-488T. Washington, D.C.: February 16, 2007. 

Tax Compliance: Multiple Approaches Are Needed to Reduce the Tax Gap. 
GAO-07-391T. Washington, D.C.: January 23, 2007. 

Tax Compliance: Opportunities Exist to Reduce the Tax Gap Using a 
Variety of Approaches. GAO-06-1000T. Washington, D.C.: July 26, 2006. 

Tax Gap: Making Significant Progress in Improving Tax Compliance Rests 
on Enhancing Current IRS Techniques and Adopting New Legislative 
Actions. GAO-06-453T. Washington, D.C.: February 15, 2006. 

Tax Gap: Multiple Strategies, Better Compliance Data, and Long-Term 
Goals Are Needed to Improve Taxpayer Compliance. GAO-06-208T. 
Washington, D.C.: October 26, 2005. 

Tax Compliance: Better Compliance Data and Long-term Goals Would 
Support a More Strategic IRS Approach to Reducing the Tax Gap. GAO-05- 
753. Washington, D.C.: July 18, 2005. 

Tax Compliance: Reducing the Tax Gap Can Contribute to Fiscal 
Sustainability but Will Require a Variety of Strategies. GAO-05-527T. 
Washington, D.C.: April 14, 2005. 

IRS Audits: Weaknesses in Selecting and Conducting Correspondence 
Audits. GAO/GGD-99-48. Washington, D.C.: March 31, 1999. 

Tax Administration: Billions in Self-Employment Tax Are Owed. GAO/GGD- 
99-18. Washington, D.C.: February 18, 1999. 

Tax Administration: Issues Involving Worker Classification. GAO/T-GGD- 
95-224. Washington, D.C.: August 2, 1995. 

Tax Administration: Estimates of the Tax Gap for Service Providers. 
GAO/GGD-95-59. Washington, D.C.: December 28, 1994. 

Tax Administration: IRS Can Better Pursue Noncompliant Sole 
Proprietors. GAO/GGD-94-175. Washington, D.C.: August 2 1994. 

Tax Gap: Many Actions Taken, But a Cohesive Compliance Strategy Needed. 
GAO/GGD-94-123. Washington, D.C.: May 11, 1994. 

Tax Administration: Approaches for Improving Independent Contractor 
Compliance. GAO/GGD-92-108. Washington, D.C.: July 23, 1992. 

FOOTNOTES 

[1] In addition, sole proprietors contributed to an unmeasured extent 
to the $54 billion in misreported employment taxes, the $34 billion 
underpayment tax gap, and the $27 billion tax gap created by 
individuals not filing required tax returns for tax year 2001. 

[2] NRP studied reporting compliance (versus filing or payment 
compliance) for a random sample of individual tax returns filed for tax 
year 2001. In most cases, the returns were audited to determine whether 
income, expenses, and other items were reported accurately by the 
taxpayers. 

[3] See IRS's Publication 334, Tax Guide for Small Business, and Form 
1099-MISC instructions. 

[4] Other reportable items include other income payments, medical and 
health care payments, crop insurance proceeds, and gross proceeds to an 
attorney. 

[5] The real estate agent is responsible for reporting payments of rent 
to the landlord. See Treasury Regulation 1.6041-3(d). 

[6] Payments for merchandise, telegrams, telephone, freight, storage, 
and similar items are also not reported nor are payments to informers 
from government agencies about criminal activity. 

[7] See GAO, Tax Administration: Issues in Classifying Workers as 
Employees or Independent Contractors, GAO/T-GGD-96-130 (Washington, 
D.C.: June 20, 1996). 

[8] Pub. L. No. 95-600, November 16, 1978. 

[9] IRS NRP and Research officials cited various reasons why a higher 
percentage and number of sole proprietors misreported expenses compared 
to overall net income. For example, some taxpayers who misreported 
expenses were not counted as misreporting net income because of other 
income or expense adjustments made during the examinations that 
produced the correct net income amounts. 

[10] The $36.9 billion estimate excludes returns with no understatement 
and is based on unadjusted NRP results. We are 95 percent confident 
that the actual estimate is between $34.7 billion and $39.0 billion. 

[11] This tax calculation is difficult to do and requires assumptions 
to account for how tax changes on one part of the income tax return 
affect the rest of the tax return (including changes to other types of 
wage, business, or investment income as well as to itemized deductions, 
exemptions, and credits), and ultimately flow through to the final tax 
liability and tax rate to be used. 

[12] We are 95 percent confident that the actual estimate is between 68 
percent and 76 percent. 

[13] We are 95 percent confident that the actual 90th percentile amount 
is between $124,720 and $134,263 and the cumulative amount is between 
$22.1 billion and $25.8 billion. 

[14] IRS also has programs for addressing nonpayment and nonfiling 
types of noncompliance, as well as taxpayer service programs for 
encouraging all types of tax compliance. Because this report focuses on 
sole proprietor reporting noncompliance, references to "noncompliance" 
refer to misreporting unless otherwise noted. 

[15] This percentage should not be confused with IRS's "examination 
coverage rate," which is merely the number of returns examined divided 
by the number of returns filed. 

[16] For both AUR and Examination, amounts of recommended assessments 
should not be construed as amounts ultimately collected. For example, 
recommended assessments could be abated in appeals or the amounts may 
not be collectible. 

[17] We have started work on a study that will more fully discuss 
taxpayer burdens in filing 1099-MISC forms. 

[18] Payers filing 250 or more information returns must use FIRE or 
send IRS special cartridges with the data. 

[19] UR contacts do not always lead to a tax change. For example, from 
tax years 1999 through 2003, 26 percent of the NEC contacts did not 
lead to a tax change. 

[20] We have started work on a study that will more fully discuss 
Schedule C expense reporting. 

[21] AUR may refer suspicious cases to Examination, but IRS officials 
have told us that historically, that happens infrequently. IRS started 
a test in March 2007 on referring such suspicious cases to Examination 
for questionable NEC income and expenses. 

[22] I.R.C. § 162(a). 

[23] Because IRS officials said data for 2004 were not complete when we 
requested them, we used only data through 2003. It is possible that 
contacts and assessments related to NEC are somewhat higher, but IRS 
does not have the data to separate all contacts that included NEC as 
well as other types of misreporting. NEC figures used here only refer 
to those cases where 50 percent or more of the taxpayer's income was 
NEC or where the tax change was 80 percent or greater than the original 
tax reported. 

[24] IRS Examination data treat a minority of Schedule C returns it 
receives as business returns. This section deals only with returns IRS 
has categorized as Schedule C business returns for Examination purposes 
and will be referred to as returns with an attached Schedule C. 

[25] GAO, Tax Compliance: Opportunities Exist to Reduce the Tax Gap 
Using a Variety of Approaches, GAO-06-1000T (Washington, D.C.: July 26, 
2006). 

[26] IRS provided us examination data that did not differentiate 
between examinations of returns that have Schedule C forms attached and 
those that actually audited Schedule C issues. For example, a real 
estate agent filing a Schedule C may also own rental real estate and 
file a Schedule E. IRS may audit the real estate losses reported on the 
Schedule E, but nothing on the Schedule C. Therefore, IRS's data may 
overstate the number and amount of time that IRS spends auditing 
Schedule C returns. 

[27] Son of Boss was an abusive transaction aggressively marketed in 
the late 1990s and 2000 primarily to wealthy individuals. IRS's 
settlement initiative regarding Son of Boss required taxpayers to 
concede 100 percent of the claimed tax losses and pay a penalty of 
either 10 percent or 20 percent unless they previously disclosed the 
transactions to IRS. We did not verify whether examinations were more 
efficient in 2005 and 2006. 

[28] The negligence penalties discussed in this section refer to those 
in I.R.C. § 6662(b)(1). 

[29] We used a statistical model to assess whether various factors are 
related to the recommended assessment of penalties. Controlling for 
other factors, we found that the dollar value of the tax change and the 
percentage tax change are related to the recommendation to assess a 
penalty. The relationship raises questions because the guidance about 
assessing penalties does not provide a basis for considering the 
percentage error or the dollar amount of the error, above a threshold, 
when deciding to assess a penalty. App. I describes the model we used, 
our analysis of the penalty-related data, and results. 

[30] GAO, Tax Compliance: Multiple Approaches Are Needed to Reduce the 
Tax Gap, GAO-07-488T (Washington, D.C.: Feb. 16, 2007). 

[31] IRS is part Treasury, which is responsible for tax policy analysis 
and formulation. 

[32] GAO, Tax Gap: Many Actions Taken, But a Cohesive Compliance 
Strategy Needed, GAO/GGD-94-123 (Washington, D.C.: May 11, 1994). 

[33] GAO, Tax Administration: IRS Can Better Pursue Noncompliant Sole 
Proprietors, GAO/GGD-94-175 (Washington, D.C.: Aug. 2, 1994). 

[34] GAO, Tax Compliance: Better Compliance Data and Long-term Goals 
Would Support a More Strategic IRS Approach to Reducing the Tax Gap, 
GAO-05-753 (Washington, D.C.: July 18, 2005). 

[35] GAO, Internal Revenue Service: Assessment of the Interim Results 
of the 2006 Filing Season and Fiscal Year 2007 Budget Request, GAO-06-
615T (Washington, D.C.: Apr. 6, 2006). 

[36] GAO, Tax Compliance: Multiple Approaches Are Needed to Reduce the 
Tax Gap, GAO-07-391T (Washington, D.C.: Jan. 23, 2007). 

[37] See section 511 of the Tax Increase Prevention and Reconciliation 
Act of 2005, Pub. L. No. 109-222, May 17, 2006. 

[38] A taxpayer may, however, request and obtain a written 
determination from IRS regarding the status of a particular worker as 
an employee or independent contractor. 

[39] Pub. L. No. 97-248, September 3, 1982. 

[40] IRS has also developed three categories of evidence that may be 
relevant in determining whether a worker is a contractor or employee 
under the common-law test. The three categories are behavioral control, 
financial control, and type of relationship. 

[41] For a list of the 20 factors and a discussion of their 
application, see GAO, Tax Administration: Approaches for Improving 
Independent Contractor Compliance, GAO/GGD-92-108 (Washington, D.C.: 
July 23, 1992). 

[42] Backup withholding also applies when the payee fails to certify, 
under penalties of perjury, that the TIN provided is correct for 
interest, dividend, and broker and barter exchange accounts opened or 
instruments acquired after 1983. 

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