Letter to Steven Mnuchin Secretary, U.S. Department of Treasury, and Charles Rettig Commissioner Internal Revenue Service - Cortez Masto Leads Push To Ensure Survivors Of Domestic Violence Can Access Their Economic Impact Payment

Letter

Dear Secretary Mnuchin and Commissioner Rettig:

As implementation of the CARES Act continues and Americans access their economic stimulus recovery rebates, we write to urge you to take swift action to ensure that those rebates are
accessible to survivors of domestic violence.

The recovery rebate authorized by the CARES Act has been an essential lifeline for Americans
suffering economic hardship during the pandemic, but unfortunately, victims of domestic
violence face significant barriers in accessing their rebates. Research has shown that 99 percent
of victims experience economic abuse as part of domestic violence.

In our current environment, stimulus payments are a crucial mechanism of support for these victims. Some survivors have lost income or lost their jobs due to COVID-19, and may be trapped with or feel forced to return to an abusive partner to avoid homelessness. Access to domestic violence services, from shelters to protection orders, has also been limited by COVID-19, making it even harder for domestic violence survivors to maintain safety.

The barriers keeping domestic violence victims from accessing their rebates are varied and
significant. Victims of domestic violence may be unbanked, have no permanent address, or have
no access to the resources needed to file a tax return, making it difficult, if not impossible, for
them to obtain their stimulus payment through the methods currently prescribed. Victims often
change addresses in order to escape their abuser, meaning they may not be at their last known
address on file with the IRS.

Additionally, abusers may inappropriately keep a rebate for themselves, or may access the online
portal surreptitiously on a victim's behalf and enter incorrect information in order to intercept a
rebate before the victim has a chance to access the portal themselves. Furthermore, victims who
lack an email account, live in rural areas, or have limited internet access face difficulties utilizing
the online portal. Survivors are also likely to face complex circumstances related to custody of
children and how those children are claimed on taxes, and therefore who may benefit from the
$500 per child that they are eligible for under the CARES Act.

In order to ensure that survivors can access their rebates, we urge the U.S. Treasury Department and the IRS to take the following steps as soon as possible:

* Dedicate a telephone line for survivors to call and report a change of address or misdirected rebate.

* Create a process with an online PIN, similar to the Identity Protection PIN used for victims of identity theft, to verify a victim's identity.

* Utilize existing prepaid cards tied to government benefits, such as Direct Express cards, for issuance of the rebate to taxpayers who did not file 2018 or 2019 returns or do not have access to the online portal but who receive funds such as Social Security benefits or TANF on such cards.

* Provide a method through which survivors may report theft of their rebate.

* Provide specific guidance to taxpayers regarding the deadline for filing superseding federal income tax returns for tax year 2019.

* Add a "question and answer" to the IRS website similar to the following: "What should I do if I filed jointly for 2018 or 2019 (whichever was filed more recently) but I am no longer with my spouse?"

* Take proactive steps to ascertain the proper address and banking information for taxpayers if a pending "innocent spouse claim" or "Victim of Domestic Violence" indicator is on a taxpayer's account.

* Issue specific guidance for divorced and separated parents regarding the rebate for children who are shared between custodial and non-custodial parents.

* Create a form similar to Form 14039, Identity Theft Affidavit, by which taxpayers may report instances in which their rebate was deposited into an account to which they do not have access.

* Dedicate staff to assisting taxpayers, and particularly survivors, in obtaining their misdirected rebate.

In addition to addressing the above reforms, we strongly encourage you to work closely with advocacy groups that specialize in the financial and other issues facing survivors, as well as relevant federal offices including the Department of Justice's Office on Violence Against Women and Office for Victims of Crime, and the Department of Health and Human Services' Family Violence Prevention and Services Program, to ensure that solutions are survivor informed. Making sure survivors of domestic violence can access their stimulus rebate is essential during this difficult time.

Thank you for your prompt consideration of this request.

Sincerely,

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