Taxpayer Consent Language

MISMO's Taxpayer Consent Language provides a consistent way for the mortgage industry to comply with the Taxpayer First Act. The new law, passed on July 1, 2019 and effective December 28, 2019, requires the taxpayer to provide consent for the express purpose for which their tax information will be used. Additionally, the taxpayer must provide consent for their tax information to be shared with other parties.  Lenders are encouraged to use MISMO's model Taxpayer Consent Language to obtain borrower consent to share tax information received from the Internal Revenue Service (IRS) with other parties involved in the mortgage transaction.

The Taxpayer Consent Language is being published as a Candidate Recommendation, which means that it has been thoroughly reviewed by a wide range of organizations and industry participants. In the interest of furthering adoption, the model Taxpayer Consent Language the language is being made publicly available.  No license fee is required to use the Taxpayer Consent Language.   

For more details, please see the related Frequently Asked Questions (FAQs) or review the November 2019 press release HERE.

AUTHORIZED USAGE: The release and use of the MISMO Taxpayer Consent Language and related resources are governed by the MISMO Intellectual Property Rights (IPR) Policy and related licenses. This MISMO Product is subject to the MISMO Product Distributor License Disclaimer and is provided "as is" with no warranties of any kind.  For more information on the MISMO IPR policy and related licenses, please click here.

Accessing the Standard

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  • If you are not a MISMO Member click HERE to access the standards.

Background

For many years the lending industry has used a specific provision in the Internal Revenue Service code to order transcripts.  Having borrowers sign form 4506-T has always sufficed to indicate taxpayer consent.  Section 2202 modifies the tax code and now necessitates that organizations inform the taxpayer of the  "express purpose" for which tax return information will be used.  Further, this Section now necessitates that borrowers provide "express permission" to allow the sharing of return information with other lending stakeholders.  Just having form 4506-T signed will no longer suffice to meet these new consent requirements.  

MISMO's Taxpayer Consent Language was created to provide a consistent way for the mortgage industry to comply with the new requirements which go into effect on December 28, 2019. This language provides consent for both express purpose on the usage of the tax information as well as gaining express consent to share the tax information with third parties, a common practice in the mortgage industry. 

Additional background and implementation guidance is available HERE.