Don't stress the IRS. That means the IRS doesn't automatically accept amended returns. However, the IRS won't open an audit (or, “examination”) simply because you file an amended return.
Are you concerned that if you file an amended return that it will trigger an IRS audit? If so—don't be. Amending a return is not unusual and it doesn't raise any red flags with the IRS. In fact, the IRS doesn't want you to overpay or underpay your taxes because of mistakes you make on the original return you file.
Disadvantages of an Amended Tax Return
There is, however, a three-year statute of limitations for issuing tax refund checks. Therefore, the taxpayer must file any amended returns that will result in a tax refund within three years after the date they filed the original tax return.
High income
As you'd expect, the higher your income, the more likely you will get attention from the IRS as the IRS typically targets people making $500,000 or more at higher-than-average rates.
The number of IRS audits has been declining for years. Today, an American's overall chances of being audited are about 1 in 200. Moreover, three-quarters of all audits are correspondence audits in which the IRS sends the taxpayer a letter in the mail asking about one or two issues.
The statistics for the frequency of audits are telling. While the overall chance that your return may be audited is a scant 0.4%, those numbers jump dramatically for both the highest and lowest earners. If you have no total positive income, for example, the chance your return is audited jumps to 1.1%.
The IRS looks at both higher-grossing sole proprietorships and smaller ones. Sole proprietors reporting at least $100,000 of gross receipts on Schedule C and cash-intensive businesses (taxis, car washes, bars, hair salons, restaurants and the like) have a higher audit risk.
If you are audited and found guilty of tax evasion or tax avoidance, you may face a fine of up to $100,000 and be guilty of a felony as provided under Section 7201 of the tax code.
Some red flags for an audit are round numbers, missing income, excessive deductions or credits, unreported income and refundable tax credits. The best defense is proper documentation and receipts, tax experts say.
The Internal Revenue Service may allow expense reconstruction, enabling taxpayers to verify taxes with other information. But the commission will not prosecute you for losing receipts. The IRS may disallow deductions for items or services without receipts or only allow a minimum, even after invoking the Cohan rule.
The IRS may correct certain errors on a return and may accept returns without certain required forms or schedules. In these instances, there's no need to amend your return. However, file an amended return if there's a change in your filing status, income, deductions, credits, or tax liability.
There is no penalty for simply filing an amended return. But if your mistake caused you to underpay tax, you will owe that additional tax. If you amend your tax return before the April deadline and pay the remaining tax you owe, you won't have to pay a penalty.
Don't underestimate the benefits of filing an amended return, either. By making sure your tax return is accurate, you can maximize your refund or lower what you owe. You'll also reduce the risk of receiving a notice or IRS audit in the future.
The statute of limitations states that you can be audited up to three years after you file your tax return. This applies to individuals, partnerships, corporations and non-profits. However, if there is a considerable understatement of income, the IRS can take up to six years to audit you.
Once filed, the amended tax return timeline goes as follows: Up to 3 weeks for the amended return to populate in the IRS's system. Up to 16 weeks for the return to be issued or the payment processed.
This kind of audit is typically initiated within seven months of filing your return. For a faster mail audit process, respond to the letter promptly with complete and accurate information pertaining to the question at hand. If you need more time, you can request a one-time 30-day extension.
Note: filing an amended return does not affect the selection process of the original return. However, amended returns also go through a screening process and the amended return may be selected for audit. Additionally, a refund is not necessarily a trigger for an audit.
First, to answer the question posed in the subject line: No, a large tax refund alone will not necessarily generate a tax audit.
The IRS receives and processes most tax returns without further examination. However, there are a variety of factors that may attract their attention in a way that would make the return more likely to be audited through a correspondence exam or assigned to an auditor for further inquiry.
In most cases, a simple mistake on a tax return won't force you out of your home or land you in jail. You'll most likely just have to pay additional taxes plus penalties and interest. However, if you committed tax fraud or tax evasion, the penalties are more severe.
Jail time for tax issues is very rare, but it is possible. Prison sentences can only happen if the IRS charges you with criminal tax evasion. With most tax audits, the IRS only assesses civil fraud penalties.
In a worst-case scenario, you can go to jail after an audit. This only happens if you face criminal charges for tax evasion and you're found guilty. You won't go to jail for a mistake or if you can prove that there was a reasonable cause for the issue.
IRS personnel screen the highest-scoring returns, selecting some for audit and identifying the items on these returns that are most likely to need review. Large Corporations – The IRS examines many large corporate returns annually.
Once a return has been audited, it may take the IRS up to 120 days or more to issue the refund. The “Where's My Refund” tracker allows you to check on all three stages of refund processing: (1) Return Received, (2) Refund Approved, and (3) Refund Sent.
Wesley Snipes
He claimed he was following the advice of tax advisors who said he wasn't legally required to pay taxes. His advisor turned out to be wrong, and Snipes was sentenced to four years in prison, serving 24 months.