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.
Wondering what the answer is to the question, “how many years can you get audited for taxes?” There is no limit for the number of business audits in your lifetime.
Why the IRS audits people
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.
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.
If there is an anomaly, that creates a “red flag.” The IRS is more likely to eyeball your return if you claim certain tax breaks, deductions, or credit amounts that are unusually high compared to national standards; you are engaged in certain businesses; or you own foreign assets.
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 usually starts these audits within a year after you file the return, and wraps them up within three to six months. But expect a delay if you don't provide complete information or if the auditor finds issues and wants to expand the audit into other areas or years.
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.
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.
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. Reviewing your return carefully before filing can help to minimize the odds of being audited.
As a result, the IRS can only audit a taxpayer once for each tax year unless the taxpayer requests an audit or the Secretary of the Treasury decides more information is necessary.
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.
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.
Penalty for Tax Evasion in California
Tax evasion in California is punishable by up to one year in county jail or state prison, as well as fines of up to $20,000. The state can also require you to pay your back taxes, and it will place a lien on your property as a security until you pay.
The IRS will charge you with a failure-to-pay penalty, which is usually 0.5% of your unpaid tax. The failure-to-pay penalty will be applied monthly until your taxes are paid in full.
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.
If you are being audited you will get a letter in the mail from the IRS. they do not email or call, ever! Only notify by letter.
4% of all returns (40 out of every 100,000 returns filed) have been audited by IRS. The President has proposed increasing IRS enforcement efforts, and the audit rate may increase in the future.
The IRS does check each and every tax return that is filed. If there are any discrepancies, you will be notified through the mail.
Does a large tax refund trigger an audit? A large tax refund in itself is not a red flag. However, if the refund is a result of fraudulent claims, such as inaccurately reporting income or claiming deductions you are not actually eligible for, then it can trigger an IRS audit.
Fewer than 1% of tax returns with $200,000 or less in income are audited. That percentage grows to 10% and higher for those earning above $1 million. Obviously, you don't want to try to earn less money to avoid an audit! As you'd expect, the higher your income, the more likely you will get attention from the IRS.