Lenders score win as IRS sidelines plan to restrict tax data

For banks, credit unions and other small-business lenders, this is an IRS-related story with a happy ending — kind of.

Responding to a determined lobbying campaign by a broad consortium of financial services trade groups, the U.S. tax-collection agency has agreed to suspend a policy change that would have blocked small-business lenders from accessing borrowers’ income data through its Income Verification Express Service.

“We acknowledge the concerns raised and are assessing our ability to provide return information when necessary while keeping taxpayer information confidential and protected from disclosure,” the IRS wrote in a March 6 policy update statement. “Although IRS announced the policy change on January 2, 2024, we are suspending that change as we seek input from you and other stakeholders on possible changes and impacts to the program.”

Scott Stewart, CEO of the Innovative Lending Platform Association, acknowledged that the IRS could revert to its original policy stance after its review. At the same time, even a temporary respite represents a major achievement, Stewart said. 

“Federal agencies don’t do this,” Stewart said in an interview. “To get a federal agency of any kind, let alone the IRS, [to acknowledge  a misstep] is really exceptionally rare. I don’t know if I’ve ever seen a reversal like this. The IRS deserves credit for realizing this policy requires further review.”

The Innovative Lending Platform Association was one of 11 financial services industry trade groups, including the Independent Community Bankers of America, American Bankers Association, America’s Credit Unions and the Mortgage Bankers Association, that endorsed a Jan. 24 comment letter opposing the IVES policy change. IVES is the platform that lets taxpayers give third parties — like lenders — permission to see tax return or wage information.

Under the IRS’ original concept, it would have delivered tax data only to lenders making mortgages. In all other instances, the agency would have delivered the data directly to individual taxpayers to protect their privacy. 

Lenders value the ability to obtain tax returns from the IRS as a critical tool in underwriting and preventing fraud. They were concerned the policy change would add complexity, time and cost to applications while at the same time making it easier for bad actors to game the system.  

“You could see how fraudsters might just digitally alter their tax returns and they could send it off to the lender,” Stewart said. “I hope they’re going to move toward [opening] the system in an [application programming interface] fashion so that everyone can get access and overall lower the cost of credit and capital for small businesses, consumers, people looking for insurance — everybody.”

An application programming interface, or API, is software code that allows a website, application or program to more easily share information with other websites, applications or programs. 

In their announcement last week, IRS officials “said they were suspending the decision indefinitely,” Ryan Metcalf, head of public affairs for Funding Circle US, said in an interview. “I’m not concerned it’s coming back. It seems like the IRS has backed off. … This is a huge win for American consumers and small businesses.”

It’s far from game over, though. 

“It’s good news [the IRS] has returned to the status quo,” Metcalf said. “We still have issues to resolve. We still have to work out how we resolve the authentication issue, can we have private API access to log in, can we expand the data in the transcript — all of those things we’re still seeking are outstanding.”

Beyond access to tax data, lenders and borrowers want the IRS to make it easier to use IVES. Currently, borrowers have to create IRS accounts and verify their identities with the agency before they can request that a transcript be delivered to a lender. That route is time-consuming and redundant, since the lenders themselves are required to verify identity under know-your-customer requirements, Metcalf said.

“The [optimal] outcome is we want a borrower to be able to submit a [transcript request] to the lender, the lender hands that to the IRS and we get the tax return in real time,” Metcalf said. “Or, if the lender has an account with the IRS already, they should just be able to log in to that account in our application. That’s the API access. … That’s what we want. We want that optionality of either/or.”

Bipartisan legislation introduced in the House of Representatives in May 2023 would address the authentication issue by enabling taxpayers to designate a financial institution or other service provider to receive tax data. The bill, introduced by North Carolina Republican Patrick McHenry, chairman of the House Financial Services Committee; California Democratic Rep. Jimmy Panetta; and Colorado Democratic Rep. Brittany Petterson, is currently under consideration by the Ways and Means Committee. 

IRS move narrowing access to tax data sparks lender outrage

Funding Circle backs the legislation as it is currently written and is hoping to strengthen its language in the wake of the IRS’ action. “We’re getting ready to update that bill to address additional issues. … We would probably add on to it to make sure the IRS doesn’t revisit this policy decision,” Metcalf said.  

The IRS didn’t respond to a request for comment at deadline. 

Stewart attributed the IRS’ initial policy restricting IVES access to a desire to protect taxpayer information. “Their duty is paramount,” Stewart said, but he was quick to add that allowing API interface with IVES could be accomplished without compromising data integrity. “We don’t think creating this API is going to do anything to endanger the taxpayer, as long as you have them making the request directly through the lender or the insurance company or the bank.”