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Published:   |   Last Updated: October 28, 2024

Letter 3219 C

Statutory Notice of Deficiency

Where am I on the Roadmap?

Overview

The IRS determined there’s a deficiency in your income tax. This letter is your Notice of Deficiency, as required by law. Deficiency means that the IRS has calculated your tax amount to be higher than was reported on your tax return.

Letter 3219-C, Statutory Notice of Deficiency (also referred to as 90-Day Letter), is your legal notice that the IRS is proposing. This letter provides you with information about their right to challenge the proposed IRS adjustments in the United States Tax Court by filing a petition within 90 days of the date of your notice (150 days if you reside outside the United States).

 

I need more information

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What does this mean to me?

While processing your tax return the IRS conducted a review of the wages, withholding, and credits claimed and were not able to verify the amounts you reported. Therefore, a proposal to disallow your wages, withholding, or credits and to adjust your account. This could possible result in a reduced refund amount or a balance due.

The IRS is required to send a statutory notice of deficiency to a taxpayer’s last known address by certified mail. The last known address is generally the address that appears on your most recently filed and properly processed tax return unless the IRS is given clear and concise notification of a different address.

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How did I get here?

The IRS received information from a third party, such as an employer or financial institution, the information is different than what you reported on your tax return for that income. You received Letter 3219 because the IRS completed a review of your tax return and proposed changes to the amount of tax you owe. You have either not responded or have not provided a signed agreement consenting to these changes. Without your consent, the IRS cannot assess the proposed deficiency without first providing you an opportunity to challenge these adjustments by filing a petition with the Tax Court.

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What are my next steps?

Read the notice carefully

You should determine if you agree with the proposed changes or wish to file a petition with the Tax Court to dispute the adjustments made by the IRS. If you agree with the changes, sign and return the Consent to Assessment and Collection Waiver Statement, at the end of the letter. The IRS requires both spouses signatures if you were married filing jointly for that return.

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If you have additional Information

You may be able to resolve this matter without going to court by contacting the IRS using the toll- free number at the top of this letter. They will work with you to resolve your issues during the 90-day response period.

For the most efficient resolution to your case, read the notice carefully, gather the required documentation and and reply withing the 90 -day response period using the Documentation Upload Tool (DUT).


To reply using the tool:

Send the supporting documentation (i.e., screenshots, pictures, other digital images) including a copy of your notice. Complete the tool’s upload form and submit your response.

You can also scan the QR code on your notice to access the DUT if you prefer to use your phone.

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Replying to the IRS

If you do not agree with the adjustments and intend to file a petition, you must send your petition to the United States Tax Court (not the IRS) within the 90-day or 150-day period (if you are outside of the United Sates) shown on your notice. This is the period prescribed by law and cannot be extended by the IRS. If you miss the deadline, you won’t be able to have a judge review your case without first paying the amount due.

You should review the information provided in your letter, along with the information and instructions available on the United States Tax Court website. The necessary guidance can be found on this website, along with a Petition Kit. There is a fee for the filing of a petition; however, you may file an Application for Waiver with the Tax Court.

If the adjustment to your account results in a balance due, pay the amount you owe by the due date on the notice.

If you can’t pay the full amount due, pay as much as you can and consider online payment options. If you need additional assistance, call the IRS at the toll-free number on the top right corner of your notice.

Contact the Taxpayer Advocate Service (TAS) if you are experiencing an economic hardship or need help in resolving problems. You can reach TAS at 877-777-4778 or TTY/TTD 800-829-4059

Where can I get additional help?

Publication 3498

The Examination Process 

Download

Publication 3498-A

The Examination Process

Download

General Resources

Understanding your notice or letter

Get Help topics

Browse common tax issues and situations at TAS Get Help

If you still need help

The Taxpayer Advocate Service is an independent organization within the IRS. TAS helps taxpayers resolve problems with the IRS, makes administrative and legislative recommendations to prevent or correct the problems, and protects taxpayer rights. TAS helps all taxpayers (and their representatives), including individuals, businesses, and exempt organizations. You may be eligible for free TAS help if your IRS problem is causing financial difficulty, if you’ve tried and been unable to resolve your issue with the IRS, or if you believe an IRS system, process, or procedure just isn’t working as it should.

TAS has offices in every state, the District of Columbia, and Puerto Rico. To find your local advocate’s number:

Low Income Taxpayer Clinics (LITCs) assist individuals whose income is below a certain level who need to resolve tax problems with the IRS. They also provide education, outreach, and information on taxpayer rights to individuals who speak English as a second language. LITCs represent taxpayers in disputes before the IRS and courts and help taxpayers respond to IRS notices and correct account problems. Services are offered for free or a small fee. LITCs are independent from the IRS and TAS. For more information or to find an LITC near you, see the LITC Page or Publication 4134, Low Income Taxpayer Clinic List. You can also request Pub. 4134 by calling 800-TAX-FORM (800-829-3676).

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Did you know there is a Taxpayer Bill of Rights?

The taxpayer Bill of Rights is grouped into 10 easy to understand categories outlining the taxpayer rights and protections embedded in the tax code.

It is also what guides the advocacy work we do for taxpayers.

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