IRC 6103(h)(1) authorizes disclosing return information to agency employees

Number
201850020
Outcome
Advice
Document type
Chief Counsel Advice
IRS subject
Disclosure within the Department of Treasury
Code sections
§ 6103
Ruling dated
October 12, 2018
Publicly released
December 14, 2018

Apply this to your situation

This page covers legal advice the IRS Office of Chief Counsel wrote for IRS staff, issued in 2018, which can't be cited as precedent. Ask about your situation and see what the current Code and IRS guidance say, with citations.

Currency note: this determination was released in 2018
Statutory amendments, regulation changes, court decisions, or later IRS guidance may have changed the analysis since then. Treat this page as historical context, not current tax advice. Verify current law before relying on any specific rule, threshold, or position mentioned here.
Not precedent. Under 26 U.S.C. § 6110(k)(3), this written determination may not be used or cited as precedent. It is advice from the IRS Office of Chief Counsel to IRS personnel on the facts they presented, and identifying details were redacted by the IRS before release. The official IRS release (linked on this page as a PDF) is the authoritative source.
About this page: The plain-English summary and ruling snapshot below were written by Ezel based on the official IRS release. The full text is the IRS's own document.
View official IRS release (PDF)

Plain-English summary

This is a brief, informal Chief Counsel Advice sent as an email answering a "need to know" disclosure question. Federal law generally keeps tax returns and return information confidential under Code Section 6103, but there are specific exceptions. Here Chief Counsel advised that, based on the facts provided, Code Section 6103(h)(1) applies to authorize disclosing return information to the questioner's employees. Section 6103(h)(1) permits return information to be made available to officers and employees of the Department of the Treasury whose official duties require it in connection with tax administration. No further legal analysis is provided; it is a short confirmation that the disclosure is permitted.

Ruling snapshot

  • Question: Does Code Section 6103(h)(1) authorize disclosing return information to the questioner's employees?
  • Outcome: Advice given (yes, 6103(h)(1) applies)
  • Key authorities: IRC § 6103(h)(1)

Full text (IRS public release)

ID: CCA_2018101214595853
UILC: 6103.08-01

Number: 201850020
Release Date: 12/14/2018
From:
Sent: Friday, October 12, 2018 2:59:58 PM
To:
Cc:
Bcc:
Subject: RE: Need to know question - TPP/APMA

Hi ------------

Thanks for the clarification. Based on the information you provide below, IRC 6103(h)(1) applies here to authorize the disclosure of return information to your employees.

Hope that helps. If you have further questions, please feel free to contact me.

---------

What does the Code say today, for your facts?

This advice was written for IRS staff and cannot be cited. Ezel checks the current Internal Revenue Code and IRS guidance against your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace