Failing to report all of your income on your tax return is a top audit trigger. That's because income that goes unreported on your tax return also goes untaxed. The IRS receives copies of your W-2 and 1099 forms and will automatically check to see that your reported income matches up.
Why the IRS audits people. 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.
You misreported your taxable income.
Math and transpose errors (e.g. entering $64,000 as $46,000) will be corrected by most tax software or the IRS automated under-reporter system. But if the misstatement of your income looks intentional and not in error, your tax return is likely to get flagged for audit.
1. Your chances of an audit are very, very low. For the average American, the chances of being audited by the IRS are about 1 in 333. If you are in the middle- or lower-income range, and your taxes are relatively straightforward, your likelihood of an audited is even lower.
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.
Criminal Penalty
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.
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.
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.
Here are the IRS statistics showing how many returns filed in 2016 were audited through 2020 when most audits for 2016 returns were completed. (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.
Don't worry about dealing with the IRS in person
Most of the time, when the IRS starts a mail audit, the IRS will ask you to explain or verify something simple on your return, such as: Income you didn't report that the IRS knows about (like leaving off Form 1099 income)
Still, as long as your deductions are legitimate, you shouldn't have much to worry about. And, even if the IRS determines you owe additional tax, you'll have adequate time to pay it or set up a payment plan. It's pretty unlikely that you'll be targeted for an audit, but if you are, there's no need to worry.
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.
Can you go to jail for an IRS audit? The short answer is no, you won't go to jail.
TurboTax has you covered
For those who want even more protection, TurboTax offers Audit Defense, which provides full representation in the event of an audit, for an additional fee. Remember, with TurboTax, we'll ask you simple questions about your life and help you fill out all the right tax forms.
IRS accomplished over 650 thousand audits last year by jacking up its already high reliance on so called “correspondence audits” – essentially a letter from the IRS asking for documentation on a specific line item on a return. All but 100,000 of the 659,000 audits were conducted with these letters through the mail.
As a result, the IRS can only audit a taxpayer once for each tax year unless the taxpayer requests an audit or the Secretary of the Treasury decides more information is necessary.
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 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.
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.
The IRS does check each and every tax return that is filed. If there are any discrepancies, you will be notified through the mail.
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.
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.
If the IRS seeks proof of your business expenses and you don't have receipts, you can create a report on your expenses. As a result of the Cohan Rule, business owners can claim expenses without receipts, provided the expenses are reasonable for that business.