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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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Student loan transfer led to credit reporting errors: Lawmakers

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Chair Elizabeth Warren, D-Mass., conducts the Senate Finance Subcommittee on Fiscal Responsibility and Economic Growth hearing titled Promoting Competition, Growth, and Privacy Protection in the Technology Sector, in Dirksen Building on Tuesday, December 7, 2021.

Tom Williams | CQ-Roll Call, Inc. | Getty Images

A “faulty” transfer of student loan accounts from NelNet to Mohela in 2023 led to “millions of consumer credit reporting errors,” lawmakers say in a new letter to government agencies reviewed by CNBC.

The change in loan servicers caused nearly 2 million duplicate student loan records to appear on borrowers’ credit reports, while hundreds of thousands of borrowers’ credit scores were reported incorrectly for up to a year and a half, according to the letter. Sen. Elizabeth Warren, D-Mass., Ron Wyden, D-Oregon, and other lawmakers sent the letter on Wednesday evening to Consumer Financial Protection Bureau Director Rohit Chopra and U.S. Department of Education Secretary Miguel Cardona.

As part of their investigation, the lawmakers sent inquiries to NelNet, Mohela and three credit reporting companies: Equifax, Experian and Transunion. They asked the companies about what had gone wrong and how many borrowers were impacted.

In their letter, the lawmakers urged the government agencies to investigate the problems.

“We respectfully request that the CFPB and ED use their supervisory and enforcement authority to ensure that the appropriate parties are held accountable for these errors,” the lawmakers wrote.

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Mohela appears to have failed to inform the credit reporting companies of each loan transfer from NelNet, the lawmakers said they found in their investigation. As a result, many borrowers had their single loan balance reported twice, once by each servicer.

Duplicate student loan balances on a borrowers’ credit report can reduce their credit scores and make it more difficult for them to obtain mortgages, car loans and other credit, the lawmakers note in the letter.

Mohela and Nelnet did not immediately respond to requests for comment.

The credit reporting companies identified “over 100,000 cases” in which the reporting errors led borrowers to have an incorrect credit score, according to the lawmakers’ investigation. Thousands of borrowers had their credit scores drop by more than 20 points, they said.

They added that borrowers submitted around 7,500 complaints and disputes to Mohela and the credit reporting companies in attempts to fix the errors.

The credit reporting companies told the lawmakers the duplicate balances “have been resolved now,” the letter said.

An Equifax spokesperson said they were aware that some student loan servicers “did not report loans in adherence to the consumer reporting guidelines.”

“We are working with the Department of Education and the servicers to correct misreported accounts and ensure that student loans are being appropriately reflected on consumer credit reports,” the spokesperson said. 

Experian and TransUnion did not immediately respond to requests for comment.

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CFPB takes aim at credit card issuers over ‘bait-and-switch’ rewards

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The secret to credit card rewards

CFPB cracks down on rewards tactics

About 90% of all credit card spending is on rewards cards. But according to the CFPB, an increasing number of consumers have reported that some rewards are hard to redeem or are not worth as much as they thought. In 2023 alone, complaints involving credit card rewards jumped 70% over pre-pandemic levels. 

“Large credit card issuers too often play a shell game to lure people into high-cost cards, boosting their own profits while denying consumers the rewards they’ve earned,” CFPB Director Rohit Chopra said in a statement. “When credit card issuers promise cashback bonuses or free round-trip airfares, they should actually deliver them.”

According to the Consumer Bankers Association, only a small share of credit card users report problems with rewards: Complaints regarding rewards made up just 2% of all credit card complaints reported to the CFPB since January 2020. 

“The only bait-and-switch that’s happening here is from the CFPB once again misrepresenting its own data,” CBA President and CEO Lindsey Johnson said in a statement.

“As the CFPB’s own research shows, credit cards are — by far — the best tool for the one-fifth of Americans that lack access to credit to begin building their financial lives,” Johnson said.

Consumer complaints about credit card rewards are exceedingly rare, the American Bankers Association also noted.

“Despite widespread evidence that credit card rewards programs are highly popular and deliver tremendous value to tens of millions of U.S. cardholders from all walks of life, Director Chopra has once again chosen not to let facts get in the way of his decision to tarnish a hugely popular consumer product,” Rob Nichols, the ABA’s president and CEO, said in a statement.

Consumers like reward cards

Even with credit card interest rates near an all-time high, when deciding on a new credit card, 83% of cardholders said their final decision comes down to perks, according to a separate report by CardRates.com.

The majority, or 58%, of credit card users polled by CardRates said they preferred cash back over miles or points. But still, not all cardholders used the credit card rewards available to them.

Travel rewards can be more lucrative but are notoriously harder to redeem, Bankrate also found. Only 11% of rewards cardholders redeemed for a free hotel stay, while just 10% redeemed for a free flight, according to Bankrate.

“Failing to redeem your rewards is a major missed opportunity,” said Bankrate’s senior industry analyst Ted Rossman. “While the best rewards can be subjective, the worst reward is getting nothing at all.”

How to make the most of rewards

In the best-case scenario, credit card rewards are “almost like free money,” said Bill Hardekopf, a credit card expert and CEO of BillSaver.com.

But that’s only if you pay your credit card off on time and in full every month. With credit card rates over 20%, on average, the benefits of cash back or other perks are quickly eroded if you carry a balance.

“If you miss a payment or are late on a payment, you get socked with a huge penalty — that interest rate will far outweigh the rewards you are going to get,” Hardekopf said.

When it comes to which reward card to choose, Hardekopf recommends a cash-back card with a low, or no, annual fee. “The best reward you can get is cash back because cash talks — it’s easy to understand and there’s no problem redeeming.”

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Some shoppers prefer retail credit cards over buy now, pay later plans

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Filadendron | E+ | Getty Images

High interest rates aren’t deterring many shoppers from store credit cards.

When asked to choose between a store card or a buy now, pay later plan, 58% of surveyed shoppers prefer store cards, according to a new report by LendingTree. The remaining 42% picked BNPL loans.

The site polled 2,040 U.S. adults in September.

That choice “speaks to the fact people may be looking for a little bit longer-term help with their financial situation,” said Matt Schulz, chief credit analyst at LendingTree.

In December, new cards offered by the top 100 retailers had an average annual percentage rate of 32.66%, up from 27.7% in 2022, according to the Consumer Financial Protection Bureau. Many short-term BNPLs do not charge interest, but longer-term loans do, and on the higher end, those rates can be comparable to a store card.

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Younger shoppers have been early adopters of BNPL, and that shows in their payment preferences. 

About 59% of Gen Zers and 51% of millennials prefer BNPL over retail store credit cards, Lending Tree found. To compare, 38% of Gen Xers and 22% of baby boomers prefer BNPL.

“Buy now, pay later really started off as a millennial, Gen Z phenomenon,” Schulz said. “Younger Americans really drove a lot of the growth.” 

Whichever payment option you plan to use to finance holiday purchases this year, keep in mind the cost of carrying the debt, experts say.

How store cards and BNPL work

Gen X most likely to max out their credit cards, survey finds

A retail credit card can affect your credit history, as the account is reported to the three major credit bureaus: Equifax, Experian and TransUnion.

BNPL has been somewhat “invisible” to credit bureaus in the past, meaning the loan did not show up on users’ credit reports. But AfterPay, Affirm and Klarna are among the providers reporting some BNPL loans to the credit bureaus.

Both payment forms can be attractive for shoppers. Retail store credit cards tend to be easier to qualify for compared to other credit cards, especially as banks have been tightening credit card approval requirements in recent months, Schulz said. 

Over the third quarter of 2024, some banks have tightened their lending standards for credit card loans, lowered their credit limits and increased minimum credit score requirements, according to the Federal Reserve.

“It’s a reaction from the banks to rising delinquencies, rising debt and overall economic uncertainty,” Schulz said.

BNPL can also be relatively easy to apply for and qualify.

“The rise of buy now, pay later is the biggest reason why Americans are opening fewer store cards,” according to Ted Rossman, an industry analyst at Bankrate.

‘Consider the total cost of ownership’

The holiday season is here, a busy time to buy gifts for family and friends. If you find yourself in a situation where a retail store credit card or a BNPL can help stretch your budget, consider the “total cost of ownership,” Rossman said.

“Both of these payment methods can be advantageous depending on how you use them, but could also be a pretty slippery slope into debt and overspending,” he said.

BNPL can be tricky because you can have multiple loans running at the same time, and the costs “can add up,” Rossman said. Make sure to keep track of the pay-later loans you have and are able to withstand the automatic deductions.

If you can’t pay a retail card purchase off at the end of the statement period, any discount, reward or perk that you may get is going to be washed over by the interest you’ll owe on top of the outstanding balance, Schulz said. 

“Paying 30% interest to save 15 or 20% doesn’t make a whole lot of sense financially,” Schulz said.

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