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NYC Local Law 144 and AI Hiring Bias Audits
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The IRS uses statistical scoring models, automated document matching and, increasingly, machine learning to decide which tax returns deserve a closer look, but people still review flagged returns before most audits begin. The best-known tool is the Discriminant Function (DIF) score. These systems matter because they decide who gets audited, and researchers have shown they can place a heavier burden on some groups of taxpayers than on others.
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The IRS does not use one master AI system. It runs several systems, each built for a different job. The oldest is the Discriminant Function (DIF) score. DIF compares each return with statistical norms taken from randomly selected, line-by-line audits conducted under the National Research Program. A high DIF score means an audit of that return is more likely to produce a change in tax. The IRS keeps the formulas secret so people cannot game them. A high score does not start an audit by itself. Trained classifiers review the high-scoring returns and choose which ones to examine. Second, the IRS matches returns against information returns such as W-2s and 1099s. When the numbers don't agree, the Automated Underreporter program sends a CP2000 notice proposing a change. Technically a CP2000 is not an audit, though it can lead to a bill. Third, fraud tools such as the Return Review Program score returns for identity theft and false refund claims before refunds go out. The IRS has also said it intends to apply more advanced analytics to complex filers such as large partnerships as funding and staffing allow. Fairness became a public issue in 2023. Researchers working with Treasury data imputed taxpayers' race, because the IRS does not record it, and estimated that Black taxpayers were audited several times as often as non-Black taxpayers. They traced much of the gap to how returns claiming the Earned Income Tax Credit were selected. The model was not using race as an input. The disparity came from design choices, including a focus on overclaimed refundable credits and on audits that are cheap to run by mail. The IRS acknowledged the findings and said it would change its approach. A common misconception is that software audits you automatically. In reality, algorithms rank returns and humans decide which cases to open.
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The Future of How the IRS Uses AI for Audit Selection
The IRS is likely to keep adding machine learning to selection and fraud detection, especially for complex returns where examiner time is scarce. How far it gets depends on funding, staffing and technology modernization, and all three have changed often. Oversight bodies such as the Treasury Inspector General for Tax Administration and the Government Accountability Office have repeatedly asked for better documentation and testing of IRS models. Watch for public disclosure of fairness testing and for clearer notices telling taxpayers why they were selected. Whatever the models look like, the practical advice stays the same: report every information return, keep records that support your credits and deductions, and respond to notices promptly.
Mmejuputa n'ezie n'ụwa
A freelancer leaves a 1099-NEC off her return. Months later she gets a CP2000 notice because the Automated Underreporter program matched the payer's copy against her return and found the income missing.
A return claims charitable deductions that are very large for its income level. It receives a high DIF score and goes to a human classifier, who decides whether the return is worth examining.
The Return Review Program holds a refund because the return matches patterns linked to identity theft. The taxpayer gets a letter asking them to verify their identity before the refund is released.
A family claiming the Earned Income Tax Credit gets a correspondence audit by mail. It asks for school or medical records showing that the qualifying child lived with them for more than half the year.
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What is How the IRS Uses AI for Audit Selection?
Yes. The IRS uses statistical scoring models, automated document matching and, increasingly, machine learning to decide which tax returns deserve a closer look, but people still review flagged returns before most audits begin. The best-known tool is the Discriminant Function (DIF) score. These systems matter because they decide who gets audited, and researchers have shown they can place a heavier burden on some groups of taxpayers than on others.
What does a high Discriminant Function (DIF) score on a return indicate?
DIF compares a return with norms taken from random audits. A high score means an audit is more likely to change the tax owed. It is not a finding of fraud or a penalty.
After a return receives a high DIF score, what normally happens next?
The score only ranks returns. Trained classifiers screen high-scoring returns and choose which ones to examine.
A freelancer omitted a 1099-NEC and later received a CP2000 notice. Which system most likely produced it?
The Automated Underreporter program compares payer-filed forms such as 1099s and W-2s against the return. When income is missing, it proposes an adjustment on a CP2000.
According to the guide, why is a CP2000 notice technically different from an audit?
A CP2000 proposes a change because reported income did not match information returns. It is not a formal examination, although it can lead to a bill if the taxpayer doesn't dispute it successfully.
What did the guide say a 2023 study using imputed race data found about EITC-related audit selection?
Researchers estimated a substantial disparity and traced much of it to how EITC returns were selected, not to race being used as a direct input.
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