The IRS Is Coming - Are You Ready

One of an American citizen’s worst fears is an audit by the IRS. The unlucky individual who is the target of an audit begins to conjure up images of penalties, fines, levies, or worst of all, jail time. Even the most honest of taxpayers, under the scrutiny of an audit, begins to think back in their mind, “Did I calculate my return correctly?”, “Did I save all my receipts for the deductions I claimed?” This is a most stressful and challenging time in a taxpayer’s life. Nevertheless, before one loses sleep over the impending audit, there is a law which protects the American taxpayer in an IRS audit situation.

To be more specific, in 1998 the IRS passed the third installment of the Taxpayer Bill of Rights (TaBOR). The bill was passed as a byproduct of numerous complaints to Congress concerning the abusive behavior by IRS auditors. The Taxpayer Bill of Rights also requires the IRS to inform a taxpayer of his rights and what effect of the tax action the IRS is pursuing. The audit itself is traditionally thought as a meeting between an agent of the IRS and the taxpayer. However a good percentage of tax audits come in the form of a letter asking for clarification or substantiation of items on the tax return. Careful and organized record keeping usually make these types of audits resolve rather smoothly.

The IRS may choose to audit a portion of the filed return, or on some occasions an agent may request a closer examination of the entire return. If the auditor merely asks for documentation for a specific part of your return, it would be a good idea to give the auditor only that piece of information that is requested. Bringing additional documentation or information not requested could subject the taxpayer to wider scope audit, that is if something else on the return looks irregular. In other words, only bring what is requested. Do not volunteer any information to the tax auditor, and answer their questions with simple, direct answers.

Since most people are not experts at tax law, it is highly recommended that a CPA, tax lawyer, or tax advisor represent them in a meeting with the IRS. Contact the person who prepared the return. They will have specific advice on how to prepare for the audit. In most cases they can attend the audit in place of you to gather information from the field agent. This puts the taxpayer at an advantage and may buy valuable time to prepare the necessary documentation.

The audit will conclude with the IRS agent citing any irregularities noted with the return. They will then formally notify the taxpayer of any monetary adjustments that need to be made. In some cases some lucky citizens have received additional refunds after an audit. Unfortunately, in most cases, the IRS will be asking for a check. An agent’s decision can be appealed to a supervisor, or the Appeals Division of the IRS. If the Appeals Division decision is still unsatisfactory, a final appeal can be made to the US Tax Court.

Grant Segall and Cynthia McFarlane write about taxes and consumer law for the website http://www.lawgister.com - If you need information concerning wage garnishment, tax audits, or tax attorneys, please visit http://www.lawgister.com/IRS-help/ for more insight.

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IRS Audit - A True Story

Who does not fear an IRS audit? We all do. We all fear the face to face, exhausting, unpredictable and time consuming interaction with the Internal Revenue Service’s agent.

We all have that scary feeling when submitting our tax return… Would I be audited? Was I too aggressive? Will the IRS “red flag” my tax return? Maybe I should ask for a lower refund so I will not be audited…

And then the refund check comes along, we deposit the check in our bank account and after a while we tend to forget about the IRS, the audit and our fears remain nothing but an old memory.

For most of us, the story stops here (at least until next year). For some it just starts. The real story begins when you open your mail and see an envelope from the Internal Revenue Service and in it a letter notifying you that your tax return is being audited. Wow!!! an audit. What should I do now, you are asking yourself? imagining the end of the world.

Best thing to do at this point is to “face your fears”. Read the notice carefully, see what the IRS wants, what year is being audited, the extent of the audit (partial, full, examination) and what is the required documentation, and then, call a CPA.

A CPA that specializes in audits, has the experience, knowledge and skills to better confront the IRS, and maneuver through the tricky road of an audit.

Face Your Fears

Our real life story begins at the point, in which I have received such a letter from a client, notifying him that his 2002 tax return is being audited by the IRS and asking him to pay extra taxes of $20,000. Needless to say that the client (a small business owner from the “Big Apple”) was extremely confused, concerned and nervous.

Since I have not prepared the 2002 tax return and was only retained by the client to represent him at the audit, the first thing I did was to explain the client what are we facing.

An audit , I have explained, is not the end of the world. The goal in an audit, is to provide the IRS as much information as possible without disclosing unnecessary details. In the next few weeks we will go through the audit letter and your tax return and see which documents we should forward to the IRS to support the return, I have added and asked the client to send me the tax return, the IRS notice and all supporting documents for the tax return.

After I have reviewed all of the information, it was clear to me why the IRS has decided to audit this specific tax return - the ratio between income and expenses (deductions) on the return did not match the IRS averages and the fairly large variation from the average triggered the full IRS audit.

When I called the client and asked him why was the return filed overlooking the IRS statistics, he responded that it was a case of bad advice he had received when preparing the tax return.

Too bad, I said, but again, not the end of the world.

We had 30 days to respond to the IRS, so we had to move fairly quickly nut not under pressure. Always request more time, if you feel necessary.

Information, Information, Information

The next step was to gather all the relevant information, documents and statements that would help us support the tax return. Normally, (and so in this case) the necessary information includes:

Bank statements

Copies of cancelled checks

Receipts of deductions claimed on the return

Income statement report - also known as profit and loss report (if you have business income and expenses)

Payment verifications - for mortgage, property tax, donations and other deductions

So, we have started collecting the information; calling the banks, mortgage companies, county administration and suppliers billing departments, asking for copies of documents, receipts, checks and statements. Within 3 intensive weeks we had all the required information.

To assure I am not missing anything, I went through the tax return thoroughly, and checked each and every item on it, marking all the documents that support and correspond to each item.

The clock was ticking quickly, we had one more week to go until the IRS deadline expires.

One on One with the IRS

At this point I have reviewed the client’s tax return and all supporting documents, I knew what are the problems with the return and what will the IRS agent look for.

I was ready to go one on one with the IRS.

I have called the IRS agent, nice but very strict lady (who was not too happy with my request to meet her after the deadline expires) and set up a meeting at her office to conduct the audit.

On the audit date, I showed up right on time, 9:30am, ready with all the necessary information. The IRS agent showed me to her office, located behind locked door (”Only Employee Beyond This Point”). She did not hide the fact that she was very skeptic about this taxpayer and tax return and indicated that the numbers look very odd.

The first part of the audit included a long series of questions about my client. In this section the IRS tries to collect information about the taxpayer, his income, expenses and assets. The IRS goal is to cause you to disclose data which will assist the agents in determining that your tax return is incorrect (or even worse, fabricated):

Where does he live?

What is his profession?

Where is his business?

Who are his clients?

Who are his suppliers?

What are his source of income?

Where does he bank? What kind of assets he owns?

and many other questions about the taxpayer, his business and operation.

I have answered the agent, providing her only with the information I wanted to disclose about the taxpayer and not a drop more. It is very important you answer the questions openly without volunteering information that has not been asked for.

Once this part was over, the moment of truth has arrived: the numbers. At this point I pulled out a huge package I have prepared in advance which included hundreds of documents, statements and most importantly a summary of all the data in one simple report with suggestion to reduce the additional tax from $20,000 to $3,000!!!

I have explained The IRS agent about the package I brought with me and suggested going through all of the documents (knowing that it could take long long time) or use my summary report and sample few of the items to verify its accuracy. The agent who was motivated by her will to finalize this audit, embraced my second suggestion and asked to see my summary report.

She took my report and ask me for supporting documents of several deductions included in the summary. I was ready with all the supporting documents and therefore was able to verify each of the inquiries. After she received proof for the accuracy of about 10 items the agent felt comfortable enough to accept my report as true and correct.

End result of the audit was an additional tax $3,000, a long way from the original $20,000 asked by the IRS.

Conclusion

When you receive an audit letter from the IRS - do not panic.

Review the letter, see what exactly is being audited and what is needed to proceed.

Call your CPA for advice and representation (your CPA is better equip to handle the IRS’s tricky questions).

Prepare for the audit thoroughly and collect all the necessary information to support your tax return.

Do not rush to reply, get an extension for responding to the IRS notice.

Identify the problematic areas in your tax return and try to draw attention away from them.

Be honest (but not to open, do not volunteer information) with the IRS agent.

Try to lead the audit not to follow it.

Tax USA Inc.

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Tax USA, Inc. is a complete tax, accounting and financial management firm specializes in small businesses, corporations and high income individuals. Tax USA Inc.’s mission is to exceed clients’ expectation by providing superb tax, accounting & financial Management services. We offer our clients tax, accounting and bookkeeping services, CFO Outsourcing, Budget Review and Business Plans, Cash Flow Management, Payroll Services and Entities’ Incorporation.

Our Clients

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We focus on small and mid size businesses, non-profit organization and high income individuals. Client list comprised of corporations, non-profit organizations and high-tech employees. Our corporate clients operate in various industries:

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Who Else Wants to Know What the IRS’s CP 2000 Notice Is

There are three types of IRS audits; correspondence, office and field.

Depending on which audit IRS selects for you can produce very different results. This article is about the IRS Correspondence (CP2000) Audit. If you have been notified about a field or office audit it would be best to look in the yellow pages for an Enrolled Agent if you don’t have a year round Tax professional.

If you have received a CP2000 in the mail, the first thing to do is breath deep, not to worry, prepare a cup of tea or coffee, sit down and READ the CP-2000. This form looks very intimidating, however, once you actually read the pages you will understand exactly what must be done. But WAIT.

It is our strong suggestion that you contact your Tax Professional. The reason is simple. A CP2000 is a Correspondence Audit. This is when IRS request that you mail information or documents instead of meeting with you. This method of auditing is used to verify such things as real estate sales, itemized deductions and other information concerning deductions. It may have been a small error in the preparation of the taxes that resulted in a big adjustment or it may be a mistake on IRS’s part concerning your deductions and or dependents.

If IRS is correct, it is best for your Tax Professional to receive this information. Because once its established that IRS is correct - they (IRS) will want to know how you plan to pay your tax liability, assuming there are taxes owed. At that very point in the communications, you will need a tax professional to help you tell IRS the truth and still have a reasonable amount of disposable income remaining each month for whats left of your social life.

When you receive communications from IRS that you don’t understand, contact your Tax professional. If IRS sends you communications that requires your signature, run, not walk, to your Tax professional.

Cassandra is a Registered Tax Professional and Instructor for Basic Tax Classes in the San Francisco Bay Area. Her online tax services provides basic tax resolution. Visit http://www.taxeswilltravel.com for more information.

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