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IRS revises position on DD-214 requirement

IRS revises position on DD-214 requirement

The American Legion recently reported that the Internal Revenue Service was fining Legion posts – up to $1,000 per day – for not keeping records of veterans’ DD-214s, the separation document given by the military to prove honorable service, or other valid documentation. The Legion felt it was being wrongly targeted, resulting in the passing of three resolutions during the organization’s national convention in Houston that called upon Congress to look into the IRS’ field investigations into Legion posts, while lawmakers wrote letters to the IRS asking why inspectors were asking posts to provide discharge papers or service records during reviews of their tax-exempt statuses.

The IRS has now revised its position on the DD-214 requirement in section 501(c)19 of the Internal Revenue Code.

Effective immediately, DD-214s are only required if an agent "possesses information that contradicts documentary information provided (by the veterans service organization) or if the organization fails to satisfy a reasonable request..."

If an agent requires proof of membership eligibility, he or she will first request four sets of documents before requesting DD-214s or other discharge documents.

Read the revised guidelines here.

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Robert Wuytack

March 27, 2014 - 11:43pm

I fail to see why the I.R.S. would need my DD214 for any reason. Any military organization I belong to should have it on request to see if I have the right to be a member or to hold an office there in. Why are we not hearing this from are military national organizations leaders with a big up roar, ?? are they death, like they are on demanding answers on Bengazie. Must be part of a scandal to...

Dale B Thompson

January 31, 2014 - 3:14pm

Is it because the American Legion like other Service connected organizations tend to be conservative, and have patriotic themes in their charters? I wonder hum don't know but wonder!

Frank M.

January 27, 2014 - 9:34pm

The best way to handle this is to send a copy of new members DD-214's with their app so that Department and/or National can confirm that if needed. No brainer to me!

NicksComputer

January 11, 2014 - 11:33pm

The IRS should not go after veterans lodge for not having DD214. There are many reasons for not having a DD214. If the IRS wants to go after someone for not serving honorably in one of the U.S. military branches of service,then they should go after the member for lying on the membership application. As for the bars at the lodges,there should be no problem. When I was in the service 90% of the people went to bars. It is a good fund raiser. The dues are just a drop in the bucket. Just look at the good the American Legion does.

Rok Sarge Kam

January 8, 2014 - 1:26pm

I have to laugh. After kissing O'bamas butt since 09" You guys even use the Obama war on guns argument to blame the bars in posts for your ails. "It's the bar's Fault! You might want to look in that bar mirror to see who's in there screwing up a fine veterans organization.

Ken Asper

January 9, 2014 - 4:29pm

I have been a member for about 2 years and served in Vietnam. It took me a long time just to become a member as I have always believed the American Legion's were more about the bars than anything else. After reading these comments it looks like my beliefs were at least partially, if not entirely true. I would like to take my family there for a meal, if possible. If I were to walk into the local American Legion, I probably would not know anyone and would not know where to go or what to do.

Eugene Blakely

December 18, 2013 - 9:59am

I LOVE THE GOOD OLE USA. Why is it we can be fined and even arrested, if veterans and veteran organizations can be challenged, just to make the circumstance of having membership grow by adding even more aggravation to belonging. ONLY VETERANS SHOULD BE IRS AGENTS IN THEIR ORGANIZATIONS. I FEEL THERE ARE ENOUGH VETS STILL ABLE TO VOTE OUT ANY GOVERNMENT OFFICE LEADER. ENOUGH VETS TO CONTROL THE REMOVAL OF ILLEGAL VISITORS IN OUR USA. The veterans should never be delayed in their quest for support due to their injuries in war areas. The veteran earned all he gets for working in a war Zone. If the vet is from a war zone then his work as a warrior continues for a life time. JUST LET VETS BE PEOPLE TO.

David Dean

December 16, 2013 - 7:31am

The real problem here is posts that don't verify or enforce the Legion's own veteran membership requirements. In their improper pusuit of expanded membership, THEY threaten all our non-profit tax exempt status. If you just want a large, open bar and social club, charter a Moose, Elks or Eagles instead. I joined this veterans' organization for a different reason.

hccccc

December 16, 2013 - 9:41am

I agree that bars are a liability and a huge turn off. The Legion should not even have a lounge, in my opinion. There are Posts that are nothing more than a local bar that has been usurped by people who have no interest in supporting veterans and the local community- only drinking and parochial or even incestuous power plays. It's a real turn off for younger warriors. The Veterans and active duty military are actually shunned at some lounges because we represent a threat to the established hierarchy. In terms of keeping DD214s it is a more complex issue. The problem is that there is a real liability in keeping DD214s on file. It is personally protected information that can easily lead to identity theft. This whole issue is bogus in the modern age for new younger members and many older members as well. The IRS has the ability to know if a younger vet is fake with a couple of computer strokes at this point. Also, older vets who have filed claims- same, same. While there is absolute responsibility at the post level to make sure you verify service... keeping DD214s on file is a real liability- especially in this day and age where a persons personal information can very easily be compromised. As far as the bar goes- we'd be better off running a gym at this point. Better, stronger, faster- and sober! Hoo yah! Howie

txrottie

January 14, 2014 - 9:36am

I agree with your comment about protecting PII. Besides, The IRS is the last government agency to demand any kind of accountability considering their criminal conduct. With the majority of veterans having moderate-to-conservative political views it is no surprise that Obama's IRS pitbulls would want to bite us. This is what they do. It hasn't ended. They say it has ended but it has not. It will only end when the midterms yield a majority that will hold Obama accountable for SOMETHING and actually stop the IRS from their over reach.

Donald Jenkins

December 16, 2013 - 8:54am

You are soooo right. They just want the numbers and the money. As local post work in the community and work to assist veterans the department spends monies on themselves and states that they are working for veterans. They ignore bylaws and tell post to mind their business. They ignore DD214 proof and sign people up in headquarters post so they can retain the money. It is all about the money and power. As a district officer I am done I will stay within my own post and continue to work toward the 4 pillars.

Gary Fitch

December 13, 2013 - 2:33pm

The America I grew up is vanishing. The haves in Washington do not really care about the average American. We allow Obama to promise to keep illegal immigrants in the county as to win re-election. He lets us lose the insurance we have had and looks the other way and says it is a good idea. I said it before, mental assessments need to be done before anyone can seek the office of the president.

John Mullinex

December 14, 2013 - 7:48am

Only to add that I fully agree to your statement and that all politicians must be psychological fit to hold office.... This alone excludes the demented liberal.

Larry Bradbury

December 13, 2013 - 12:35pm

I like millions of others raised my right hand and swore to uphold, support and defend the constitution against all enemies foreign and domestic.. Little did I realize that we were to have so many domestic enemies located in powerful places. President Lincoln once stated that that this country will not be destroyed from the outside, if we lose our freedoms it will our own doing.. Protect the rights guaranteed in the constitution. So that those who gave there full measure of devotion, did not die in vain ....

Stephen Keller

December 13, 2013 - 10:52pm

What we really need to do in the USA is take back Washington DC. It is about time the veterans banded together and worked to change the landscape in Congress. When a politician believed they are more important than any common person (Military also) and take money away that was earned by serving their country, at often times below the national average of pay, just to satisfy their pet projects we need to do something. The battling between the parties has to go. What ever happened to listening to what others say? Guess the only thing they can see and hear is what fills their hands.

Andrew Konopka

December 11, 2013 - 6:09pm

Government (Obama and his crowd) are running scaerd of veterans organization. Whenever IRS is turned loose on someone or something, you know the power is there. GO VETS ORGS!!

Paul Mancini

December 11, 2013 - 2:34pm

The IRS is an EVIL Organization where EVIL people work ! Probably not even Veterans work there they would never try and put demands on our Loyal Organization ! Let them carry a weapon and stand a post in defense of our Country ! I have a VA ID that states I have a Service Connected Disability and that should be enough to prove that I served my Country Honorably ! If that is not good enough then F### them !

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