Can the IRS audit you 2 years in a row? Yes. There is no rule preventing the IRS from auditing you two years in a row.
The IRS does not have a limit on how many times they can audit you. However, in many cases the IRS has a limited three-year time frame as of a tax year's filing deadline or your filing date when it can select you for an audit.
Our own tax experts at The Tax Institute state, “The IRS can conduct only one inspection of a taxpayer's books and records for any given year unless the taxpayer requests a second inspection or the IRS notifies the taxpayer in writing that an additional inspection is necessary.”
The IRS conducts tax audits to minimize the “tax gap,” or the difference between what the IRS is owed and what the IRS actually receives. Sometimes an IRS audit is random, but the IRS often selects taxpayers based on suspicious activity. We're against subterfuge. But we're also against paying more than you owe.
How far back can the IRS go to audit my return? Generally, the IRS can include returns filed within the last three years in an audit. If we identify a substantial error, we may add additional years. We usually don't go back more than the last six years.
A client of mine last week asked me, “Can you go to jail from an IRS audit?”. The quick answer is no. ... The IRS is not a court so it can't send you to jail. To go to jail, you must be convicted of tax evasion and the proof must be beyond a reasonable doubt.
But in some cases, even though you filed and thought everything was in order, the statute of limitations on the IRS ability to audit you never runs. The basic rule is that the IRS can audit for three years after you file, but there are many exceptions that give the IRS six years or longer.
The IRS generally includes returns filed within the past three years in an audit. However, if during the audit process the IRS identifies a substantial error, it may audit additional prior years. It is rare for the IRS to go back more than six years in an audit.
As a general rule, there is a ten year statute of limitations on IRS collections. This means that the IRS can attempt to collect your unpaid taxes for up to ten years from the date they were assessed. Subject to some important exceptions, once the ten years are up, the IRS has to stop its collection efforts.
If the IRS has found you "guilty" during a tax audit, this means that you owe additional funds on top of what has already been paid as part of your previous tax return. At this point, you have the option to appeal the conclusion if you so choose.
The IRS audit rate dipped to 0.2% in 2020 due to COVID-19. However, 2020 audit rates are not normal for the IRS. However, despite a significant reduction in overall audits, some taxpayer profiles didn't experience the same dropoff in audits as other segments.
What is One-Time Forgiveness? IRS first-time penalty abatement, otherwise known as one-time forgiveness, is a long-standing IRS program. It offers amnesty to taxpayers who, although otherwise textbook taxpayers, have made an error in their tax filing or payment and are now subject to significant penalties or fines.
Filing Back Tax Returns
Remember, you can file back taxes with the IRS at any time, but if you want to claim a refund for one of those years, you should file within three years. If you want to stay in good standing with the IRS, you should file back taxes within six years.
Who's getting audited? Most audits happen to high earners. People reporting adjusted gross income (or AGI) of $10 million or more accounted for 6.66% of audits in fiscal year 2018. Taxpayers reporting an AGI of between $5 million and $10 million accounted for 4.21% of audits that same year.
The six-year rule allows for payment of living expenses that exceed the CFS, and allows for other expenses, such as minimum payments on student loans or credit cards, as long as the tax liability, including penalty and interest, can be full paid in six years.
The IRS will only require that you provide evidence that you claimed valid business expense deductions during the audit process. Therefore, if you have lost your receipts, you only be required to recreate a history of your business expenses at that time.
Your tax returns can be audited even after you've been issued a refund. ... The IRS can audit returns for up to three prior tax years and, in some cases, go back even further. If an audit results in increased tax liability, you may also be subject to penalties and interest.
Keep records for 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later, if you file a claim for credit or refund after you file your return. Keep records for 7 years if you file a claim for a loss from worthless securities or bad debt deduction.
Lying on your tax returns can result in fines and penalties from the IRS, and can even result in jail time.
Filing a false return is a less serious felony than tax evasion that carries a maximum prison term of three years and a maximum fine of $100,000. (Internal Revenue Code § 7206 (1).)
Here's what happens if you ignore an office audit:
The IRS will change your return, send a 90-day letter, and eventually start collecting on your tax bill. You'll also waive your appeal rights within the IRS. ... The IRS can collect your tax bill with federal tax liens, wage garnishments, and levies.)