Many people live in fear of the IRS deciding to audit their tax return, and try to do everything in their power to avoid one. While it's definitely a good idea to take measures to prevent an audit, it doesn't need to be the lingering fear many people think it is.
Many people worry about getting audited each year, but the reality is that you're much better off focusing your energy on getting your taxes done on time and without error. Avoid rushing through the filing process, and there's a good chance the IRS won't come back asking questions.
What Are the Chances of Being Audited? Americans filed just over 157 million individual tax returns in fiscal 2020. In the same year, the IRS completed 509,917 audits, making your overall odds of being audited roughly 0.3% or 3 in 1,000. IRS audits are conducted by mail and in person.
While audits can't always be avoided, they don't have to be scary. With proper planning, a sound methodology, and an experienced team working on your behalf, defending your position during an audit can feel like just another day at the office.
If you are being audited, you may not need to answer questions posed by the IRS; however, if you refuse to produce your tax-related documents, you may be forced to do so in court.
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!
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.
The IRS has an ominous reputation, spurred on by stories about Al Capone and scary voicemails from fraudsters threatening legal action if you don't call and pay your tax debt immediately (always ignore those calls; the IRS NEVER initiates phone calls with taxpayers).
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.
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.
Does the IRS Catch All Mistakes? No, the IRS probably won't catch all mistakes. But it does run tax returns through a number of processes to catch math errors and odd income and expense reporting.
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.
If there's one thing American taxpayers fear more than owing money to the IRS, it's being audited. But before you picture a mean, scary IRS agent busting into your home and questioning you till you break, you should know that in reality, most audits aren't actually a big deal.
The IRS expects that taxpayers will live within their means. They earn, they pay their bills, and maybe they're lucky enough to save and invest a little money as well. It can trigger an audit if you're spending and claiming tax deductions for a significant portion of your income.
One reason we fear the IRS is because the government wants us to be afraid, be very afraid, of the great collector. This fear brings in billions of cash and causes Americans to pay up without the IRS ever lifting a finger to collect.
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.
Audit Rate
(Source: IRS Data Book, 2020.) Overall, the chance of being audited was 0.6%. This means only one out of every 166 returns was audited—the lowest audit rate since 2002.
The Short Answer: Yes. The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.
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.
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.
Taxpayers may still qualify for an installment agreement if they owe more than $25,000, but a Form 433F, Collection Information Statement (CIS), is required to be completed before an installment agreement can be considered.
The Internal Revenue Service Criminal Investigation Division conducts criminal investigations regarding alleged violations of the Internal Revenue Code, the Bank Secrecy Act and various money laundering statutes. The findings of these investigations are referred to the Department of Justice for recommended prosecution.