Failure to report all your income can result in hefty penalties, fines, and interest, as well as jail time. Despite these penalties, the IRS estimates that the U.S. loses billion in unpaid taxes every year because of unreported income.
Information statement matching: The IRS receives copies of income-reporting statements (such as forms 1099, W-2, K-1, etc.) sent to you. It then uses automated computer programs to match this information to your individual tax return to ensure the income reported on these statements is reported on your tax return.
These penalties are calculated as a flat 20 percent of the net understatement of tax. You understate your tax if the tax shown on your return is less than the correct tax. The understatement is substantial if it is more than the larger of 10 percent of the correct tax or $5,000 for individuals.
While the IRS does not pursue criminal tax evasion cases for many people, the penalty for those who are caught is harsh. They must repay the taxes with an expensive fraud penalty and possibly face jail time of up to five years.
If the IRS determines that you underreported your income, there are two types of tax penalties that can apply. One is the negligence penalty. The other is the penalty for substantial understatement of your tax liability. “Substantial” understatement is defined as understating your tax liability by at least 10 percent.
Under reporting is a term describing the crime of intentionally reporting less income or revenue than was actually received. Companies and individuals chiefly under report their incomings in an effort to avoid or reduce their respective tax liabilities. Under reporting is not a victimless crime.
You cannot go to jail for making a mistake or filing your tax return incorrectly. However, if your taxes are wrong by design and you intentionally leave off items that should be included, the IRS can look at that action as fraudulent, and a criminal suit can be instituted against you.
If you fail to meet the January 31 deadline but file the form within 30 days of the due date, the IRS can assess a penalty of $50 per Form W-2. If you file after 30 days but before August 1, the fine is $110 per form. If you don't file by August 1, the fine increases to $270 per W-2.
All the IRS has to do to catch your unreported 1099 income is realize that they have records from a client saying they paid you a certain amount. If that income doesn't show up on your tax return, the IRS can spot the difference.
File Old Returns and Amend Your Underreported Income
In many instances of underreported income, the solution is as simple as filing an amendment to your most recent tax return. In these minor cases, you may not even need to hire a tax professional!
Various investigative techniques are used to obtain evidence, including interviews of third party witnesses, conducting surveillance, executing search warrants, subpoenaing bank records, and reviewing financial data.
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.
And lately, the IRS has expanded its monitoring to include social media. The agency now keeps an eye out for online discussions about nonpayment or underpayment of taxes, and even sale prices of goods on sites like eBay that don't match what taxpayers report.
The IRS will often automatically make a correction to your tax return for missing or incorrect W-2 or 1099 forms. You do not need to amend your federal tax return if the IRS corrects the error when they process your original tax return.
Now you have to wait until the IRS either rejects or accepts your return. If your return is rejected, you will be able to go into your account and make the necessary changes to your tax return and re-submit your return.
If the 1099 that you forgot to file is for income you received through self-employment, and you earned $400 or more from self-employment during the year, you will also need to update or file Schedule SE with your Form 1040, which lists your income subject to self-employment tax.
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.
The IRS may correct math or clerical errors on a return and may accept it even if the taxpayer forgot to attach certain tax forms or schedules. The IRS will mail a letter to the taxpayer, if necessary, requesting additional information.
IRS agents likely are using social media to find tax cheats. (Again, there is little information from the agency about this activity.) Postings on Facebook, Twitter, Instagram, and other sites can reveal lifestyles that don't fit with the amount of income reported on tax returns or with deductions claimed.
While the chances of an audit are slim, there are several reasons why your return may get flagged, triggering an IRS notice, tax experts say. Red flags may include excessive write-offs compared with income, unreported earnings, refundable tax credits and more.
The Audit Rate Is Typically Even Lower for Most Taxpayers
Indeed, for most taxpayers, the chance of being audited is even less than 0.6%. For taxpayers who earn $25,000 to $200,000, the audit rate was 0.4%—that's only one in 250.
What is the chance of being audited by the IRS? The overall audit rate is extremely low, less than 1% of all tax returns get examined within a year.