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IRS Commissioner Werfel talks about Direct File, audits and IRS budget

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I sense a collective sigh of relief this tax season.

After the chaos of recent years at the IRS, there was less drama for taxpayers filing their 2023 returns.

The agency has largely worked through its massive backlog of tax returns and increased the odds of someone answering the phone on the customer service line. It’s also gotten a significant boost in funding.

“Despair has turned to cautious optimism,” National Taxpayer Advocate Erin Collins wrote this year in her report to Congress.

With IRS Commissioner Danny Werfel marking his first anniversary as head of the agency, we sat down for a chat about Direct File, audits and an agency in recovery.

Werfel is the 50th IRS commissioner and seems passionate about improving an agency that, before his appointment, was a hot mess.

Here are some of the issues I discussed with Werfel. (Some answers have been edited for brevity and clarity.)

Background: The discretionary budget for fiscal 2024 is $12.3 billion. For fiscal 2025, it’s also $12.3 billion, including “an additional $104.3 billion in mandatory funding for fiscal years 2026 through 2034 to allow the agency to continue strengthening its taxpayer services, technology and enforcement after other funds have been exhausted,” the IRS said.

It’s hard for Americans to understand how the IRS can’t manage with a budget in the billions. Why do you think the agency needs more money?

It’s definitely not enough money. The analogy I always use is like the train system. How much money does it take to run the train system so that all the trains are kept up to date, so that they work, they’re fixed, they’re on schedule, they’re paying employees, and doing safety checks?

The bigger the train system, the more money you need, the more people you need, the more trains you need, and the more repairs you need.

Our budget is essentially the same as it’s been since around 2011, 2012 and 2013. The same base budget. Think about how different the tax system is today versus [how] it was back then.

Racial disparity in audits of Black taxpayers

Background: Black taxpayers are three to five times as likely to be audited as other taxpayers, according to a report released last year by researchers from Stanford University, the University of Michigan, the University of Chicago and the Treasury Department. Researchers found the cause wasn’t overt racism, but rather computer algorithms the IRS uses to spot-check for fraud on returns claiming the Earned Income Tax Credit, which is designed to help individuals and families whose incomes fall below certain thresholds.

The report came out just as Werfel was preparing for his confirmation. In May 2023, shortly after starting the job, he submitted a letter to the Senate Finance Committee stating that “our initial findings support the conclusion that taxpayers may be audited at higher rates than would be expected given their share of the population.”

What’s the update in ensuring Black taxpayers aren’t being audited more than the average taxpayer?

When I saw that study, I almost felt like a sense of desperation. I wanted to get there to fix it. One of the first things we had to do was acknowledge [the problem]. This study is legitimate. The IRS has a significant problem with its approach to audits . . . where these audits are having a disparate impact on Black taxpayers.

But acknowledgment wasn’t nearly enough. The first order of business was to dramatically reduce the number of audits. Second is to change the underlying math or algorithm that leads to the case selections. We identified the critical changes to the algorithm that will eliminate the disparity. But now we have to test it. Now it’s a monitoring process.

The goal is to issue a report before the end of the calendar year. [The report] is going to basically say that we’ve taken specific interventions to address the disparity.

Background: The Inflation Reduction Act provided funding for a pilot program that allows taxpayers to directly file their returns with the agency. The pilot is only available to those with simple tax situations in 12 states: Arizona, California, Florida, Massachusetts, Nevada, New Hampshire, New York, South Dakota, Tennessee, Texas, Washington and Wyoming.

So far, about 60,000 taxpayers have used Direct File. And since its debut in January, taxpayers have claimed more than $30 million in refunds, saving millions in estimated filing fees, according to the IRS.

Are you happy with how Direct File is doing?

I’m very happy with where Direct File is. The product is working, and we are getting positive feedback on it.

Taxpayers are reporting to us that it is easy and that it is reliable. If there is a handoff with the state with income taxes, the handoff is going well. Our state partner solutions are working effectively.

We’ll make a decision, later in the spring, around the future of Direct File and consulting with [Treasury] Secretary [Janet L.] Yellen. If we get to a point of going forward, we would certainly want to expand the number of states.

Homer Simpson and the IRS

Background: The IRS collects about $4.7 trillion in gross revenue and generates about 96 percent of the funding that supports the federal government’s operations.

In a speech at American University earlier this year, Werfel joked, “Why does Homer Simpson not like us?”

He was referring to the iconic character on “The Simpsons” who, during a trip to D.C., booed the IRS.

What do you hope to do with this agency in the time that you are here?

Our goal is not popularity. The goal is to do our jobs most effectively, because we play such a critical role.

I use the analogy of the NFL referee. The referees are going to get booed if they get the call right. They are going to get booed if they get the call wrong.

[At the IRS], we’re going to do instant replay and minimize the number of times we get the call wrong. But we are still going to get booed, and that’s just part of the job.

We have to recognize that it’s in the brochure that the tax collector is not a job that is popular. But I want the American people to see us as having a North Star of trying to get better and better at our job so that the game is as fair as possible.

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Here’s the average 401(k) savings rate as investors boost deferrals

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Drs Producoes | E+ | Getty Images

The average 401(k) savings rate, including employee deferrals and company contributions, continued to climb in 2023, a new industry survey reported.

In 2023, the average combined savings rate was 12.7%, up from 12.1% in 2022, with employees deferring 7.8% of pay and companies adding 4.9%, according to the Plan Sponsor Council of America’s yearly survey of more than 700 company 401(k) and profit-sharing plans.  

“The deferral rate has been trending up over time,” with dips during economic downturns, said Hattie Greenan, director of research and communications for the Plan Sponsor Council of America.  

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Meanwhile, Vanguard reported the average combined savings rate was an estimated 11.7% in 2023, which matched the figures from 2022, according to the company’s yearly analysis of more than 1,500 qualified plans and nearly 5 million participants.

Fidelity Investments, which reports retirement savings rates quarterly, estimated the combined savings rate was 14.1%, as of Sept. 30, 2024, based on an analysis of 26,000 corporate retirement plans.

How much to save in your 401(k)

Vanguard recommends saving 12% to 15% of your earnings every year, including employer contributions, to meet your retirement needs. The combined savings benchmark for Fidelity is 15%.  

Typically, companies match employee deferrals up to a specified limit — and you should aim to contribute at least enough to get the full match, said Greenan from the Plan Sponsor Council of America.

“That’s really going to add up over time,” she said. 

More than 80% of plans included a matching contribution in 2023, according to the Plan Sponsor Council of America report.

After hitting the match, some experts suggest boosting your deferrals every year, but “you’re going to see growth from whatever you can afford to contribute,” Greenan said.

Starting in 2025, the 401(k) maximum employee deferral will jump to $23,500, up from $23,000 in 2024. The 401(k) catch-up contribution will remain $7,500 for workers 50 and older, but increases to $11,250 for investors aged 60 to 63. 

If you’re planning to save more in 2025, right now is “an important time of the year” to boost deferrals, said certified financial planner and enrolled agent Catherine Valega, founder of Boston-area Green Bee Advisory. 

Typically, it takes a few paychecks until your 401(k) deferral updates go into effect, so it’s better to make changes in December to be ready for January, she said. 

Only 14% of employees maxed out 401(k) plans in 2023, according to Vanguard’s annual report. On top of maxed-out contributions, an estimated 15% of workers made catch-up contributions in plans with the feature, the same report found.

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Senate to hold final vote on Social Security bill. What leaders are saying

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The US Capitol building in Washington, DC, on November 24, 2024. 

Daniel Slim | Afp | Getty Images

The Senate is getting closer to a final vote on a bill that would increase Social Security benefits for an estimated 3 million people.

The chamber voted Wednesday to let consideration of the bill — the Social Security Fairness Act — proceed. The bipartisan proposal calls for repealing certain rules that reduce Social Security benefits for individuals who receive pension income from work in the public sector.

Despite a bipartisan 73 majority vote to proceed, the effort to advance the bill was met with some dissent, with Sen. Thom Tillis, R-N.C., citing the costs associated with the change. The Congressional Budget Office has estimated repealing the rules — known as the Windfall Elimination Provision, or WEP, and Government Pension Offset, or GPO — would cost $196 billion over 10 years.

The WEP reduces Social Security benefits for individuals who receive pension or disability benefits from jobs where they did not pay Social Security payroll taxes. The GPO reduces Social Security benefits for spouses, widows and widowers who also receive their own government pension income.

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Passing the bill would speed up Social Security’s trust fund insolvency dates by six months, according to the Committee for a Responsible Federal Budget. Without the change, Social Security’s trustees have projected the trust fund the program relies on to pay retirement benefits will run out in 2033, when 79% of those benefits will be payable.

“We are about to pass an unfunded $200 billion spending package for a trust fund that is likely to go insolvent over the next nine to 10 years, and we’re going to pretend like somebody else has to fix it,” Tillis said during a Senate speech ahead of the vote to advance the bill.

Tillis said lawmakers are not considering the 97% of beneficiaries who would not benefit from the bill, but who would be hurt by future consequences that passing it would have on the program.

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“Ladies and gentlemen, this bill has not even had a hearing in any committee in the House or the Senate,” Tillis said.

The Social Security Fairness Act was approved by the House in November after two lawmakers – Reps. Abigail Spanberger, D-Va., and Garret Graves, R-La. – filed a discharge petition to force a vote on the bill. The Senate cloture vote to proceed to a final vote also limited the ability for that chamber to debate the proposal.

The 27 Senate leaders who voted “no” on moving the Social Security Fairness Act to a final vote are all Republicans, with the exception of Sen. Joe Manchin, an independent representing West Virginia.

The Senators who voted to move the bill forward included a mix of Democrats and Republicans, including Senate Majority Leader Chuck Schumer, D-N.Y., and Vice President-elect and Sen. JD Vance, R-Ohio.

‘No excuse for treating our public servants this way’

Leaders who spoke on the Senate floor in support of the bill ahead of Wednesday’s vote to proceed cited the financial suffering of their constituents.

As of November, more than 2 million people’s Social Security benefits were affected by the WEP, while more than 650,000 people were impacted by the GPO, said Sen. Susan Collins, R-Maine, who co-led the Senate version of the bill.

One 72-year-old constituent had to return to work after her husband died, since the GPO reduced her Social Security widow benefits by two-thirds, Collins said.

“She did not have the financial security any longer to remain retired, and the GPO penalty left her with few choices but to return to work,” Collins said.

Sen. Bill Cassidy, R-La., recalled meeting with a retired Louisiana schoolteacher impacted by the GPO, who cried in his office because she didn’t understand why her Social Security spousal benefits were reduced.

“She felt like she was being punished for educating generations of Louisiana children,” Cassidy said. “There’s no excuse for treating our public servants this way.”

If the Senate passes the bill, it will be a win for Collins and Sen. Sherrod Brown, D-Ohio, who co-led the bill. Collins has pushed for the change for more than two decades, Brown noted in a Wednesday Senate speech. Brown is leaving the Senate after losing a reelection campaign.

Reps. Spanberger and Graves, who introduced the House bill, are also leaving Congress.

“If you love this country and fight for the people who make it work, I urge all my colleagues on both sides to join us — restore the Social Security that people who protect us in service have earned over a lifetime of work,” Brown said during a Wednesday Senate speech.

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Biden forgives $4.28 billion in student debt for 54,900 PSLF borrowers

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U.S. President Joe Biden delivers remarks on the economy at the Brookings Institution in Washington, DC, U.S. December 10, 2024. 

Kevin Lamarque | Reuters

The Biden administration announced on Friday that it would forgive another $4.28 billion in student loan debt for 54,900 borrowers who work in public service.

The relief is a result of fixes the U.S. Department of Education made to the once-troubled Public Service Loan Forgiveness Program.

The debt relief comes in President Joe Biden’s final weeks in office.

Biden has forgiven more student debt than any other president. He has cleared nearly $180 billion for 4.9 million people with student debt.

Still, Republican-led legal challenges have stymied all of Biden’s attempts at delivering wide-scale relief.

This is breaking news. Please refresh for updates.

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