Even the most honest of taxpayers can be left trembling at the thought of an IRS audit. Let’s face it–it’s right up there with public speaking. To survive an audit, you’ve got to arm yourself with information. You should understand what the audit process is all about. You need to understand why your return was audited and what your rights and responsibilities are. Most importantly, how you can appeal the findings.
An audit is not an accusation of wrongdoing
An IRS audit is an impartial review of your tax return to determine its accuracy. It’s not an accusation of wrongdoing. However, you must demonstrate to the IRS that you reported all of your income and were entitled to any credits, deductions, and exemptions in question.
The IRS generally must complete an audit within three years of the time the tax return is filed. Unless, tax fraud or a substantial underreporting of income is involved.
Certain returns run a greater risk of audit
Several factors can lead the IRS to single out your return for an audit. Taxpayers who are self-employed, receive much of their income in tips, or run cash-intensive businesses historically have faced a greater likelihood of audits. The IRS may also pay more attention to professionals such as doctors, lawyers, and accountants. If your itemized deductions in several major categories are greater than the statistical average, you’ll generally have an increased chance of being audited. Other red flags may include a return:
- That is missing required schedules or forms
- Signed by a preparer associated with problems in the past
- Reporting income of at least $200,000
There are three types of audits
If you are to be audited, the IRS will inform you by telephone or letter. There are three types of audits:
- A correspondence audit: This is typically for minor issues and requires only that you mail certain information to the IRS. Pheraps you forgot to attach a Schedule C to your income tax return. The matter will be closed if the IRS is satisfied with your paperwork.
- An office audit: Here, you’d typically bring your tax-related records to an IRS office for examination. If you claimed an unusually high deduction for medical expenses, the IRS may want to see your medical bills and canceled checks.
- A field audit: Here, the auditor generally visits your home or business to verify the accuracy of your tax return. It may be possible for the auditor to visit the office of your representative, instead.
Know your rights regarding the audit
You have several rights when you’re involved in an audit. These include, the right to:
- A professional and courteous treatment
- An explanation of the audit process
- Know why the IRS is asking for information, how the information will be used, and what will happen if the information is not provided
- Appeal decisions
Audit survival tips
Consider the following when you are audited:
- Request a postponement to gather your records and put them in order
- Be sure to read IRS Publication 1 (Taxpayers’ Bill of Rights) before your audit
- Before your initial interview with the IRS agent, meet with your representative to discuss strategies and expected results
- Bring to the audit only the documents that are requested in the IRS notice
- Be thoroughly prepared–if your records clearly substantiate the items claimed on your return, the agent won’t waste time conducting a more in-depth audit
- Be professional and courteous
- Do not volunteer information to the IRS agent; if you have a representative, he or she should respond to the agent’s questions
- Don’t lie
- Keep detailed records of any materials that you submit to the agent and of any questions asked by the agent
- Ask to speak to the auditor’s supervisor if you think that the agent is treating you unfairly
- When you get the examination report, call the auditor if you don’t understand or agree with it
- If you don’t agree with the audit results, request a conference with a manager, and know your appeal rights
You can appeal if you disagree with the audit result
You can either agree or disagree with the auditor’s findings. If you agree, you’ll complete some paperwork and pay what’s owed. If you disagree with the auditor, the issues in question can be reviewed informally with the auditor’s supervisor. Or, you can appeal to the IRS Appeals Office, which is independent of the local office that conducted the audit. You can appeal the auditor’s findings by sending a protest letter to the IRS within 30 days of receiving the audit report. If you do not reach an agreement with the appeals officer you may be able to take your case to the U.S. Tax Court, U.S. Court of Federal Claims, or U.S. District Court where you live.
Disclosure:The content provided in this publication is for informational purposes only. Nothing stated is to be construed as financial or legal advice. Sterling Group United recommends that you seek the advice of a qualified financial, tax, legal, or other professional if you have questions.