Answer only the questions you are asked to keep the investigation on task. Know your rights. You can bring a CPA, IRS Enrolled Agent, or other tax professional to support you during the audit. Appeal your results if you disagree with them.
The body of your IRS audit response letter should:
Include as much detail as possible, including dates and circumstances, to support your position. Reference the documentation you have included to support your position. Note any additional documentation that the IRS requested and that you have included with your letter.
Here's what happens if you ignore an office audit:
You may have avoided the meeting, but you'll pay for it later in taxes, penalties, and interest. 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.
Federal audits focus on federal tax returns and are performed by the IRS. State audits focus on state tax returns and are performed by a state's Department of Revenue. Even though state and federal tax returns are typically prepared at the same time, it's possible to have issues with one and not the other.
Generally, what triggers a state tax audit is a tax return with an error or discrepancy. Some of the most common ones are mathematical mistakes, incomplete information and mismatches between what the taxpayer reported and data the government has in its database.
If the IRS finds that you were negligent in making a mistake on your tax return, then it can assess a 20% penalty on top of the tax you owe as a result of the audit. This additional penalty is intended to encourage taxpayers to take ordinary care in preparing their tax returns.
There are two separate types of tax audits you might have to worry about. The IRS could choose to audit your federal tax return, or your state may choose to audit your state return -- or both.
Now for the answer to the all too familiar question every tax attorney gets: “How long does a tax audit take?” The IRS audit period itself should generally take no more than five to six months. Sometimes with proper preparation, they can be resolved faster.
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.
IRS audit letters are also known as 30 day letters, since you have 30 days to respond to an IRS audit letter, so always respond within this timeline. You can either respond to the IRS by phone call, send the IRS an audit response letter, or have a tax professional respond to the IRS on your behalf.
What happens if you get audited and owe money? If you get audited by the IRS and owe money, you'll be notified of the additional tax that you're required to pay as well as any penalties and interest due. The correspondence that you receive from the IRS will mention a deadline by which you must pay.
If you deliberately fail to file a tax return, pay your taxes or keep proper tax records – and have criminal charges filed against you – you can receive up to one year of jail time. Additionally, you can receive $25,000 in IRS audit fines annually for every year that you don't file.
In general, no, you cannot go to jail for owing the IRS. Back taxes are a surprisingly common occurrence. In fact, according to 2018 data, 14 million Americans were behind on their taxes, with a combined value of $131 billion!
If you get audited and don't have receipts or additional proofs? Well, the Internal Revenue Service may disallow your deductions for the expenses. This often leads to gross income deductions from the IRS before calculating your tax bracket.
Organize the records you send or bring with you to help speed the process along and reduce errors or misunderstandings. Organize your tax records by year and type of income or expense and include a summary of transactions. Promptly mail copies of any correspondence — never the original records — to the address listed.
It's imperative to respond to the IRS as soon as possible with either a phone call or an audit response letter within 30 days. Any longer, and you could be penalized.
Key Takeaways. Your tax returns can be audited even after you've been issued a refund. Only a small percentage of U.S. taxpayers' returns are audited each year. The IRS can audit returns for up to three prior tax years and, in some cases, go back even further.
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.
A tax audit is when the IRS examines your tax return information to ensure all the reported data is correct. There are four kinds of tax audits: field, correspondence, taxpayer compliance measurement program and office audit. Incorrect data or incomplete tax returns can trigger an audit.
Depending on the reason for the audit and the complexity of your taxes, the audit could involve multiple steps and take anywhere from three to six months or more.
By law, tax records may not be disclosed to any individual unless authorized by IRC Section 6103.
Under the State Income Tax Levy Program, the IRS can levy (take) your state tax refund to offset back taxes, addressing any tax debt you might owe. If this happens, the state will give you notice of the levy.
States can assess penalties and take enforcement collection actions against taxpayers who have not filed a required tax return or paid state taxes owed. In addition to some of the same options the IRS has, states can revoke, suspend, or not renew specific licenses granted to taxpayers who owe state taxes.
The IRS shares taxpayer information with federal, state, and municipal government agencies with the goal of improving overall compliance with tax laws. The IRS is authorized by IRC section 6103(d) to disclose federal tax information to state and local tax authorities for tax administration purposes.