Among the collection tools the IRS has is the threat of revocation of your passport if your account is seriously delinquent. If you have "Seriously Delinquent Tax Debt," the IRS will certify to the State Department the status of your account, which may result in the denial, revocation, or limitation of your passport.
What constitutes Seriously Delinquent Tax Debt?
A Seriously Delinquent Tax Debt is federal tax debt, including assessed penalties and interest, that exceeds $62,000 (as of 2024) and for which a lien or levy has been issued and appeals have been exhausted.
Exemptions to Certification
There are exemptions contained in the Internal Revenue Code and in the Internal Revenue Manual that serve to exempt from certification most taxpayers who are trying to resolve their tax debt as follows:
- The debt is being paid in a timely manner as part of an installment agreement.
- The debt is being paid in a timely manner as part of an Offer in Compromise that has been accepted by the IRS.
- The debt is being paid in a timely manner as part of a settlement agreement entered into with the Department of Justice.
- The debt is subject to a levy for which collection has been suspended pending a Collection Due Process Hearing.
- The debt collection has been suspended due to a claim for Innocent Spouse Relief.
- If the taxpayer is serving in a combat zone, certification is postponed.
- The debt is considered Currently Not Collectible due to hardship.
- The debt resulted from identity theft.
- The taxpayer is in bankruptcy.
- The debt is in a pending Offer in Compromise (the offer has been submitted, but not yet accepted by the IRS).
- Debt is included in a pending Installment Agreement.
- The debt has a pending adjustment that will fully pay the tax period.
It’s important to note that the IRS will generally provide notice and an opportunity to resolve the tax debt before taking action against your passport.
What if the IRS has already certified your case to the State Department?
If the IRS has certified your account as a Seriously Delinquent Tax Debt, you may be able to have it reversed. To reverse a certification take action so that one of the above-listed exemptions apply.
Appeal of Certification
Unlike most IRS actions, there is no administrative appeal process to challenge the certification of your case as seriously delinquent.