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.
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.
Certain types of deductions have long been thought to be hot buttons for the IRS, especially auto, travel, and meal expenses. Casualty losses and bad debt deductions might also increase your audit chances. Businesses that show losses are more likely to be audited, especially if the losses are recurring.
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.
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 your tax return is being audited by the IRS, there is a greater likelihood that the IRS finds errors in your return, which can result in hefty IRS audit penalties and interest. In more extreme cases, the penalties can cost you tens of thousands of dollars – or even result in jail time.
Poor taxpayers, or those earning less than $25,000 annually, have an audit rate of 0.69% — more than 50% higher than the overall audit rate. It also means low-income taxpayers are more likely to get audited than any other group, except Americans with incomes of more than $500,000.
Red flags may include excessive write-offs compared with income, unreported earnings, refundable tax credits and more. “My best advice is that you're only as good as your receipts,” said John Apisa, a CPA and partner at PKF O'Connor Davies LLP.
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.
In most cases, a Notice of Audit and Examination Scheduled will be issued. This notice is to inform you that you are being audited by the IRS, and will contain details about the particular items on your return that need review. It will also mention the records you are required to produce for review.
There are three main types of audits: external audits, internal audits, and Internal Revenue Service (IRS) audits. External audits are commonly performed by Certified Public Accounting (CPA) firms and result in an auditor's opinion which is included in the audit report.
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.
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.
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.
Head of Household status, execution of tax-deferred Section 1031 like-kind exchanges, cancellation of debt deductions, gambling losses and sourcing of income often raise a red flag and trigger an FTB audit.
Fortunately, you don't need to worry about that happening. According to the IRS, most tax audits are regarding returns filed within the last three years. If they find a substantial error, they may add more years. But even then, they seldom go back more than six years.
Taking Higher-than-Average Deductions, Losses or Credits
Taking a big loss from the sale of rental property or other investments can also spike the IRS's curiosity. Ditto for bad debt deductions or worthless stock. But if you have the proper documentation for your deduction, loss or credit, don't be afraid to claim it.
Yet less than 40 thousand of their returns were audited by the IRS in FY 2021 – just 4.5 out of every 1,000 of these returns[2]. This contrasts sharply with 13.0 out of every 1,000 of these lowest income returns that were audited last year by the IRS.
Lying on your tax returns can result in fines and penalties from the IRS, and can even result in jail time.
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.
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.
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.
Criminal Investigations can be initiated from information obtained from within the IRS when a revenue agent (auditor), revenue officer (collection) or investigative analyst detects possible fraud.