Generally speaking, we have not found in our practice that filing an amended tax return increases the risk of an audit—especially if you're amending to report more income, thereby increasing the amount you owe.
Yes, even if you've filed jointly for years, you can change your filing status to married filing separately on a new return whenever you wish. You won't pay a penalty for changing your filing status.
The IRS has formally stated that audits do not automatically follow an amended tax return. If the amended return results in a significant change in your favor, and the circumstances surrounding the change seem suspicious, the IRS likely will start an audit.
Unreported income
The IRS receives copies of your W-2s and 1099s, and their systems automatically compare this data to the amounts you report on your tax return. A discrepancy, such as a 1099 that isn't reported on your return, could trigger further review.
Another easily avoidable audit red flag is rounding or estimating dollar amounts on your tax return. Say, for instance, you round $403 of tip income to $400, $847 of student loan interest to $850, and $97 of medical expenses to $100. The IRS is going to see all those nice round numbers and think you're making them up.
For the 2022 tax year, the gross income threshold for filing taxes varies depending on your age, filing status, and dependents. Generally, the threshold ranges between $12,550 and $28,500. If your income falls below these amounts, you may not be required to file a tax return.
Businesses that show losses are more likely to be audited, especially if the losses are recurring. The IRS might suspect that you must be making more money than you're reporting—otherwise, why would you stay in business? Most likely to be audited are taxpayers reporting small business losses.
The IRS tries to audit tax returns as soon as possible after they are filed. Accordingly, most audits will be of returns filed within the last two years. If an audit is not resolved, we may request extending the statute of limitations for assessment tax.
6 years - If you don't report income that you should have reported, and it's more than 25% of the gross income shown on the return, or it's attributable to foreign financial assets and is more than $5,000, the time to assess tax is 6 years from the date you filed the return.
Report income accurately
One of the most critical steps in avoiding an IRS audit is to report all income and expenses accurately. Underreporting income can raise red flags with the IRS, increasing the likelihood of an audit.
When you amend a tax return, it can take up to 16 weeks to process even if you e-file. If you file an amended return, you should still get the refund figured on the original return. Then, if your refund is larger due to the change, you'll get the difference between the original and amended amounts.
Which taxpayers pay income tax at the highest rates and the lowest rates? (The highest tax rates apply to taxpayers who use the married filing separately filing status. The lowest tax rates apply to taxpayers who use either the married filing jointly or qualifying surviving spouse filing status.)
Extra Paperwork: Amending your current tax return may require you to amend previous returns. Even a minor change may require you to report changes in other tax years, which may not be worth the hassle.
Are you a high income earner? Do you trade in cryptocurrency? Did you file a Schedule C? These factors could increase the likelihood that you will get audited.
Other common triggers for state audits include misreporting information, math errors, incomplete state tax returns, excessive deductions, and failing to file your state tax return on time.
The IRS performs audits by mail or in person. The notice you receive will have specific information about why your return is being examined, what documents if any they need from you, and how you should proceed. Once the IRS completes the examination, it may accept your return as filed or propose changes.
That means about 1 in 500 tax returns are audited each year. To be sure, some people face higher audit risks than others, and one of them might surprise you. The taxpayers most likely to be audited are those with annual incomes exceeding $10 million — about 2.4% of those returns were audited in 2020.
The taxpayer's tax avoidance actions must go further to indicate criminal activity. If you face criminal charges, you could face jail time if found guilty. Tax fraud comes with a penalty of up to three years in jail. Tax evasion comes with a potential penalty of up to five years in jail.
Unreimbursed employee expenses are perceived to be one of the most common IRS red flags. The IRS frequently reviews unreimbursed employee expenses in audits, as they are widely considered a high abuse category for W2 employees.
Missing receipts during an audit can end up costing you a lot of money, either through CPA fees (to put it all together to prove to the IRS that your expenses were legit), through disallowed deductions that increase your taxable income, through expenses that the IRA agent determines were actually payments to executives ...
Most IRS audits reach back a maximum of three years, meaning any tax returns you filed during the previous three years may be included in the audit. However, while three years is the typical cut-off point, there are also some situations in which the IRS will extend or even double the standard audit period.
An accuracy-related penalty applies if you underpay the tax required to be shown on your return. Underpayment may happen if you don't report all your income or you claim deductions or credits for which you don't qualify.
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.
Is filing as exempt illegal? No, filing as exempt is not illegal – however you must meet a series of criteria in order to file exempt status on your Form W-4. Also, even if you qualify for an exemption, your employer will still withhold for Social Security and Medicare taxes.