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.
This is most easily observed by looking at Tax Year 2019 which is presented in the FY 2021 Data Book with audit results as of September 30, 2021. Tax returns for 2019 are filed in 2020 and may be filed on extension as late as October 15, 2020.
The estimated time frame for receiving a refund after sending in audit documents is approximately 4-8 Weeks.
In the short-term, the IRS will continue to open additional audits in FY 2019 in the category of TPI of $10 million and over. At the end of FY 18, the IRS had 5,220 audits open in this TPI grouping and through May of FY 19, the IRS had increased the number of audits open by 200 in this TPI grouping.
How long does an IRS audit take to complete? 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.
You can call the IRS
To address processing issues, the IRS has customer service representatives available Monday through Friday, 7 a.m. to 7 p.m. local time at (800) 829-1040. Even better, look for the phone number at the top of your audit letter.
Most audits end with adjustments to reported income. That generally means you'll owe more tax, but occasionally you'll even get a refund.
If at the end of the audit, you agree with the assessment and agree to pay the amount that the IRS has levied upon you, then you should be able to arrange a payment plan with the IRS and you do not need a tax lawyer.
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. The IRS tries to audit tax returns as soon as possible after they are filed.
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.
Audit trends vary by taxpayer income. In recent years, IRS audited taxpayers with incomes below $25,000 and those with incomes of $500,000 or more at higher-than-average rates. But, audit rates have dropped for all income levels—with audit rates decreasing the most for taxpayers with incomes of $200,000 or more.
The IRS can go back to any unfiled year and assess a tax deficiency, along with penalties. However, in practice, the IRS rarely goes past the past six years for non-filing enforcement. Also, most delinquent return and SFR enforcement actions are completed within 3 years after the due date of the return.
Office audits usually move quickly
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 six-year rule allows for payment of living expenses that exceed the Collection Financial Standards, 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.
Last year out of over 160 million individual income tax returns that were filed, the IRS audited 659,003 – or just 4 out of every 1,000 returns filed (0.4%). This was only slightly lower than the overall odds of audit from FY 2019, and above FY 2020 levels where just 3 out of every 1,000 returns filed were examined[1].
COVID-19 Processing Delays
It's taking us longer than normal to process mailed correspondence and more than 21 days to issue refunds for certain mailed and e-filed 2020 tax returns that require review. Thank you for your patience. The IRS issues more than 9 out of 10 refunds in less than 21 days.
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.
And for good reason—failing to pay your taxes can lead to hefty fines and increased financial problems. But, failing to pay your taxes won't actually put you in jail. In fact, the IRS cannot send you to jail, or file criminal charges against you, for failing to pay your taxes.
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!
The most common penalty imposed on taxpayers following an audit is the 20% accuracy-related penalty, but the IRS can also assess civil fraud penalties and recommend criminal prosecution.
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.
III.
Often a tax fraud investigation takes twelve to twenty-four months to complete, with 1,000 to 2,000 staff hours being devoted to the case.
Performing an audit requires more than just checking numbers on a spreadsheet; auditors come to understand how your organization operates — its goals, mission, and vision — and the internal controls it uses to ensure its finances support operations fairly.
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.