IRS Whistleblowers Can Win 30% of What’s Due (But It’s Not Easy)

Money is a powerful motivator. That’s why the IRS Whistleblower Office is sometimes called into action, often when business partner disputes or divorce cases gain momentum. There could be a lot to be gained—15 to 30% of the taxes that are due could be rewarded to a whistleblower—but reality paints a different picture. At least at the moment.

The IRS Whistleblower Office serves as an avenue for eligible individuals to report possible tax evaders. Since 2007, the Whistleblower Office claims to have paid awards to whistleblowers totaling more than $1 billion thanks to the successful collection of $6.14 billion from non-compliant taxpayers.

But obtaining a monetary reward as a whistleblower isn’t as easy as it may seem. First, there’s a high likelihood that the claim will be denied or rejected. Most—about 46%—are rejected because the allegations aren’t specific or credible, and another 25% are denied for various other reasons. Then there’s the long, drawn-out process. In the past few years, the average time to process an IRS whistleblower award is about three years for smaller cases and over ten years for disputes involving over $2 million.

What’s more, the awards can only be issued once a final determination can be made. That means the taxpayer has exhausted all appeal rights and can no longer file a claim for a refund or otherwise seek to recover the proceeds.

Finally, the award percentage isn’t standardized. The IRS points out it “generally falls between 15 and 30% of the proceeds collected and attributable to the whistleblower’s information.” The award percentage decreases for claims based on information from public sources or if the whistleblower planned and initiated the actions that led to the noncompliance. Currently, the total can also be reduced by a government sequester to help Uncle Sam better balance his budget. The sequestration rate as of May 2022 is 5.7%.

A reform bill circulating Congress could make IRS whistleblowing easier and more beneficial. The IRS Whistleblower Program Improvement Act of 2021 could ease the process complexity, remove sequestration, and add anonymity protection, among other things. An interesting factor that could hasten its approval is how it may help deepen pressure on Russian oligarchs.

“I know of whistleblowers who have substantive information about oligarchs and kleptocrats but who are reluctant to come forward because of frustrations with the IRS whistleblower program,” tax attorney Dean Zerbe writes for Forbes. “There is no question that passing the IRS Whistleblower Program Improvement Act would encourage these whistleblowers to come forward – and be a key step forward in the fight against the oligarchs and kleptocrats.”

Zerbe also recently discussed an expanded list of IRS audit priorities, which he calls a “guide for tax whistleblowers.” They include infractions regarding high-net-worth/high-income nonfilers, global high wealth, large pass-through entities, large corporate compliance, employment tax (a big one for small businesses), transfer pricing, non-filing of cryptocurrency, and Bank Secrecy Act/Title 31 (which we recently covered).

“I expect a significant increase in examination activity by the IRS in the next few years — with a focus on these priority areas,” Zerbe states.

If you have questions about IRS whistleblowing, feel free to contact us.

Photo from 123rf.com

May 17, 2022

Client Spotlight

How do you go from zero sales to 800% growth while maintaining a medical career? Dr. Paul Pallan shares his story of dual-career success and…
From U.S. Navy technical training to founding J. Anthony’s Refrigeration in 1988, learn how John Bianchi’s commitment to excellence and high-level expertise built a trusted…
What happens when you combine a passion for creating, a knack for business, and deep family values? For Scott Klingler, owner of MergeWorks, it resulted…
San Antonio native Mark Lopez can’t recall a time he didn’t envision himself following the footsteps of his father, a project manager, into the construction…
If you’re a San Antonian, you may not want to imagine your weekend without brunch at the city’s beloved Magnolia Pancake Haus….
Greg Thompson has long respected money and how it can catalyze greater things….
Land surveyors aren’t known for exceptional customer service. But why shouldn’t they be? David Breaux set out in 1998 to prove that treating customers right…
When Lance Rose sees a business need, he fills it. That’s how he and Terri, his wife of 30 years, have evolved into the proud…
Matt and Lara Bruhn met while in graduate school at Harvard. He served as an officer and F-15C pilot with the U.S. Air Force….
Growing up in Piedras Negras, Coahuila, Mexico—just south of Texas along the Rio Grande—Oscar E. Flores dreamed of becoming a designer….
Joseph Lukowski has worked tirelessly serving others his entire life….
Before Bart Bonham called American Dream Vacations to ask about adding his family’s RV to their fleet, he never suspected what came next….

Blogs and Articles

Business Partnership Structure: 6 Things to Consider 

Thinking about a business partnership? This checklist will tell you what to discuss with your tax and legal advisors....

Business Partnership Structure: 6 Things to Consider 

Read More

During an IRS Investigation: Are Friends & Neighbors Contacted?

Can the IRS contact your neighbors or boss? Learn the rules for third-party investigations, your right to advance notice, and how to protect your privacy....

During an IRS Investigation: Are Friends & Neighbors Contacted?

Read More

How the New SALT Cap Affects Texas Pass-Through Businesses

How the One Big Beautiful Bill Act substantially changed the SALT Cap rules for Texas pass-through businesses....

How the New SALT Cap Affects Texas Pass-Through Businesses

Read More

Small Business Tax Breaks Back on the Table

How does the latest federal tax bill enhance small business tax breaks?...

Small Business Tax Breaks Back on the Table

Read More

IRS Crackdown on Millionaires Is a Sweeping Success

By ramping up enforcement on high-income earners, the IRS has recovered over $500B in back taxes from millionaires. What does this mean for the future...

IRS Crackdown on Millionaires Is a Sweeping Success

Read More

Four New Tax Breaks Worth Getting Right

Learn four new tax breaks that can help qualified individuals maximize this year's tax refund....

Four New Tax Breaks Worth Getting Right

Read More

AI Versus Forensic Accountants in Early Discovery

Can AI and Forensic Accounting be used in tandem? Learn the answer, and why early involvement is key to success....

AI Versus Forensic Accountants in Early Discovery

Read More

Should I Use AI Tax Advice?

AI tax advice is everywhere. You may be getting AI answers to your tax questions online or in chatbots without even knowing it. What are...

Should I Use AI Tax Advice?

Read More

New Excise Tax on Sending Money Abroad

If you're a small business paying for transfers with cash, money orders, or cashier’s checks, a 1% excise tax will be added to your transactions...

New Excise Tax on Sending Money Abroad

Read More

Employee Fraud: Hard Truths for Small Businesses

Small businesses are often the target of employee fraud. Forensic accountants share three hard truths they may be ignoring about their employees....

Employee Fraud: Hard Truths for Small Businesses

Read More

Turning Last Year’s Business Losses into Tax Opportunities

Have 2025 business losses? They may become NOL carryforwards that can offset up to 80% of taxable income in future profitable years....

Turning Last Year’s Business Losses into Tax Opportunities

Read More

IRS Math Errors Bill: What It Means

The IRS math errors bill will finally shed light on what exactly the IRS decided to correct on your math homework and how long you...

IRS Math Errors Bill: What It Means

Read More

Preparing a Rebuttal Report for When the Math Doesn’t Math

Learn three essentials for writing an effective forensic accounting rebuttal report that stands up in court....

Preparing a Rebuttal Report for When the Math Doesn’t Math

Read More

Maximizing Catch-Up Contributions Before Retirement

If you're 50 or older, these tips can help you max out your retirement contributions and lower your tax bill....

Maximizing Catch-Up Contributions Before Retirement

Read More

How the IRS Audits With AI

America's AI Action Plan emphasizes rapid deployment of AI across federal agencies. Learn how this impacts the IRS and taxpayers....

How the IRS Audits With AI

Read More

Now Accepting New Clients

Let’s Start the Conversation

Let’s take a look at your finances together. We offer a complimentary 1-hour call to review your past tax returns. If we see a way to help you, we will.

Want to receive tax strategies and tips direct to your inbox?

Name(Required)