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3.4 Program Income

Procedures for Recovery of Costs Incurred

In some instances, a State or local law enforcement agency provides information to the Internal Revenue Service (IRS) that substantially contributes to the recovery of Federal taxes owed, with respect to illegal drug-related activities (or money laundering in connection with such activities).

  • In these cases, the IRS may reimburse the State or local law enforcement agency for costs incurred in the investigation (including but not limited to reasonable expenses, per diem, salary, and overtime). The total reimbursement will not exceed 10% of the amount recovered.
  • If you are part of a State or local law enforcement agency that has provided such information to the IRS, your agency will receive notification from the IRS when monies have been recovered as a result of the information supplied. Following such notification, and based on documentation, your agency will be required to submit a statement detailing the investigative costs it incurred.
  • If more than one State or local agency has provided information, the IRS shall equitably allocate investigative costs among the agencies not to exceed an aggregate amount of 10% of the taxes recovered.
  • No State or local agency may receive reimbursement for investigative expenses under Internal Revenue Code Section 7624 if reimbursement has been received from another source, such as a Federal or State forfeiture program or under State revenue laws.
  • If the information/investigation is performed with awarding agency funds, the reimbursement received from the IRS is considered to be program income and subject to the aforementioned guidelines.

information iconFinancial Management Tips

  1. Spend program income prior to requesting additional award funds.
  2. With prior approval, supplement the award-supported project with program income dollars.??????
  3. Reduce project costs with program income. (Default rule for most entities.)??
  4. Return any unused program income funds.