How Will the IRS Ever Know? (2024)

For years, new clients (and some of our current ones) have been asking why they should bother fixing their prior US tax filings to report previously unreported foreign income or foreign assets. The most common question is “How will the IRS ever know?”

Years ago, this was a fair question. Now, less so.

What changed? Why is the risk so much higher now?

In recent years, the IRS has been amassing a wealth of tools and data that allow it to identify US taxpayers who have likely not been fully disclosing their overseas items. As a result, taxpayers now run a much higher risk of the IRS uncovering their current and past under-reporting. They remain non-compliant at their own peril.

In the past ten years, the following developments have strengthened the IRS’s ability to identify US taxpayers with foreign assets:

  1. Beginning in 2009, Swiss (and other foreign) banks entered into agreements with the US Department of Justice (DOJ) to “tattle on” US clients.

Swiss bank secrecy was shattered in 2009, when the DOJ announced that UBS entered into a Deferred Prosecution Agreement (DPA) related to the concealment of US taxpayer foreign financial assets and income. Since 2013, under the Swiss Bank Program, 82 foreign banks have entered into Non-Prosecution Agreements (NPAs) with the DOJ where, in exchange for lower fines and penalties on the banks, they provide details on US taxpayers with foreign financial assets and income. Switzerland was just the first country targeted by the DOJ’s Offshore Compliance Initiative. Since then, numerous other banks in former tax havens have negotiated similar arrangements.

  1. The IRS has amassed data from 10 years’ worth of IRS offshore amnesty programs, which it can now analyze and mine to identify other non-compliant individuals.

US taxpayers are required to report their worldwide income and foreign financial assets annually on their tax returns and on international informational reports, such as FinCEN Form 114 (FBAR), Form 8938, etc. For taxpayers who failed to report these assets and/or associated income, the IRS offered multiple “amnesty” programs between 2009 and now that allow taxpayers to voluntarily come forward in exchange for lower penalties. The IRS estimates that more than 121,000 taxpayers have come forward and paid a total of $11.1 billion in back taxes, interest, and penalties. In addition, 1,545 taxpayers have been criminally indicted for tax crimes related to foreign financial asset disclosure.

Now, the IRS has consolidated the data (and lessons learned) from these programs and is running analytics to identify likely non-compliant individuals.

  1. FATCA goes into full effect at the end of 2019, and numerous countries are sharing information on US taxpayers’ ownership of foreign accounts and assets.

When the Foreign Account Tax Compliance Act (FATCA) was enacted in 2010, it required other countries to report to the IRS on US taxpayer ownership of bank and financial accounts abroad. Initially, this raised questions. Would other countries comply? How would the US enforce the Act?

It turns out, these concerns were unfounded. Many countries have agreed to comply—in part to preserve trade relationships with the US, and in part because they want the US to share information on their residents, as well. The information flows both ways. In fact, since FATCA, other countries have enacted similar measures to share taxpayer account information across borders, including the Common Reporting Standard (CRS) in Europe.

Although FATCA was phased in over several years and was meant to be fully in force in 2016, the US has granted waivers to allow foreign banks additional time to comply. Those waivers are set to expire at the end of 2019.

The IRS warns it’s coming for you

Interestingly, the IRS often issues warnings to alert US taxpayers where the IRS plans to focus its attention and audits next.

In 2018, it announced several campaigns focused on FATCA compliance and other international matters. Then, on April 16, 2019, the IRS announced the Offshore Private Banking Campaign (OPB). In doing so, it put taxpayers on notice that the IRS will actively review and match foreign financial asset and income information against annually filed tax returns and international informational reports, especially related to offshore private banks.

You can use IRS amnesty programs so long as the IRS doesn’t find you first

The IRS makes certain amnesty programs available, which allow US taxpayers to fix their prior under-reporting of foreign income and assets, under better terms and reduced penalties. But, to qualify for these programs, you have to come forward voluntarily before the IRS has you on its radar. Once the IRS targets you for audit (or discovers that you are a client of a foreign bank that is on the IRS’s “bad” list), then you can’t use the programs.

IRS amnesty programs come and go. The IRS reserves the right to terminate the programs at any time. Right now, certain programs are available, but the programs for the most egregious offenses have closed (or become more difficult to use).

What to do if you have unreported (or incorrectly reported) foreign assets and income

If you have unresolved compliance issues, it’s generally in your best interest to immediately take steps to voluntarily resolve the issues through one of the remaining IRS amnesty programs. If you previously used an amnesty program, such as a Streamlined Filing, but did not fully report all assets or income, you should have your previous filings reviewed to determine if an amended streamlined filing is required.

If you find yourself asking “How will the IRS ever know,” we urge you to rethink that question. We are international tax professionals and we can help. Contact us to schedule a consultation.

How Will the IRS Ever Know? (2024)

FAQs

What raises red flags with the IRS? ›

Some red flags for an audit are round numbers, missing income, excessive deductions or credits, unreported income and refundable tax credits. The best defense is proper documentation and receipts, tax experts say.

How does the IRS know if you make money? ›

Most of it comes from three sources: Your filed tax returns. Information statements about you (Forms W-2, Form 1099, etc) under your Social Security Number. Data from third parties, like the Social Security Administration.

Will the IRS show up at your door? ›

IRS criminal investigators may visit a taxpayer's home or business unannounced during an investigation. However, they will not demand any sort of payment. Learn more About Criminal Investigation and How Criminal Investigations are Initiated.

How does the IRS track you? ›

IRS computers have become more sophisticated than simply matching and filtering taxpayer information. It is believed that the IRS can track such information as medical records, credit card transactions, and other electronic information and that it is using this added data to find tax cheats.

How does IRS find unreported income? ›

The IRS receives information from third parties, such as employers and financial institutions. Using an automated system, the Automated Underreporter (AUR) function compares the information reported by third parties to the information reported on your return to identify potential discrepancies.

How do you tell if IRS is investigating you? ›

Signs that the IRS might be investigating you
  1. Abrupt change in IRS agent behavior. ...
  2. Disappearance of the IRS auditor. ...
  3. Bank records being summoned or subpoenaed. ...
  4. Accountant contacted by CID or subpoenaed. ...
  5. Selection of a previous tax return for audit.
May 29, 2023

Who gets audited by IRS the most? ›

Who gets audited by the IRS the most? In terms of income levels, the IRS in recent years has audited taxpayers with incomes below $25,000 and above $500,000 at higher-than-average rates, according to government data.

How much money can I transfer without being flagged? ›

How much money can you wire without being reported? Financial institutions and money transfer providers are obligated to report international transfers that exceed $10,000. You can learn more about the Bank Secrecy Act from the Office of the Comptroller of the Currency.

Does the IRS know how much you deposit? ›

Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

Can the IRS listen to your phone? ›

Even in the unlikely event that they do wire tap your phones, any conversation with the tax attorney must be deleted by them and cannot be used in their investigation. As soon as they hear words like “I am a tax attorney” the IRS has clear instructions that they must hang up and not listen to the conversations.

At what point will IRS take your house? ›

If you owe back taxes and don't arrange to pay, the IRS can seize (take) your property.

How long does it take the IRS to do a trace? ›

If your refund was direct deposited, the financial institution will get a letter within six weeks from the Bureau of the Fiscal Service in the Treasury Department, to verify where the deposit went. If the check hasn't been cashed, you'll get a replacement refund check in about six weeks.

Does the IRS actually review every tax return? ›

The IRS receives and processes most tax returns without further examination. However, there are a variety of factors that may attract their attention in a way that would make the return more likely to be audited through a correspondence exam or assigned to an auditor for further inquiry.

How does IRS find where you live? ›

IRS computers are connected into all other government (Federal and State) systems, which means they have access to DMV, Unemployment, voter registration, and Social Security records. If you give your current address to any government agency, the IRS can access it.

Does the IRS catch all mistakes? ›

Does the IRS Catch All Mistakes? No, the IRS probably won't catch all mistakes. But it does run tax returns through a number of processes to catch math errors and odd income and expense reporting.

Can you go to jail for not reporting income to IRS? ›

Tax evasion in California is punishable by up to one year in county jail or state prison, as well as fines of up to $20,000. The state can also require you to pay your back taxes, and it will place a lien on your property as a security until you pay taxes.

How do you know if your taxes are being flagged? ›

If the IRS decides that your return merits a second glance, you'll be issued a CP05 Notice. This notice lets you know that your return is being reviewed to verify any or all of the following: Your income. Your tax withholding.

What happens if you get caught not reporting income? ›

Failing to file a tax return is classified as a misdemeanor and the most common outcome is the assessment of civil tax penalties against the taxpayer. That's not to say you still can't go to jail for it. The penalty is $25,000 for each year you failed to file.

What is considered suspicious activity to the IRS? ›

Abusive tax promotion or avoidance scheme. Fraudulent activity or an abusive tax scheme by a tax return preparer or tax preparation company. Tax return preparer filed a return or altered your return without your consent and you are seeking a change to your account.

What happens if you are audited and found guilty? ›

The primary consequence of being audited and found guilty is that you will receive penalties. Depending on your situation, the IRS penalties could include paying back taxes owed plus interest and additional tax audit penalties.

What does it look like when the IRS audits you? ›

The IRS audit letter will arrive via certified mail and list your full name, taxpayer ID or social security number, the form number, and the Information they are reviewing. It will also provide the IRS agent's contact information for more information or questions on the process or specific case.

What happens if you get audited and don't have receipts? ›

You may have to reconstruct your records or just simply provide a valid explanation of a deduction instead of the original receipts to support the expense. If the IRS disagrees, you can appeal the decision.

How rare is getting audited? ›

More from Smart Tax Planning:

Here's a look at more tax-planning news. The IRS audited 3.8 out of every 1,000 returns, or 0.38%, during the fiscal year 2022, down from 0.41% in 2021, according to a recent report from Syracuse University's Transactional Records Access Clearinghouse.

How far back can the IRS audit you? ›

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.

Can I deposit 9000 cash in my bank account? ›

If you plan to deposit a large amount of cash, it may need to be reported to the government. Banks must report cash deposits totaling more than $10,000. Business owners are also responsible for reporting large cash payments of more than $10,000 to the IRS.

What is the $3000 rule? ›

Rule. The requirement that financial institutions verify and record the identity of each cash purchaser of money orders and bank, cashier's, and traveler's checks in excess of $3,000.

How much cash deposit is suspicious? ›

A cash deposit of more than $10,000 into your bank account requires special handling. The IRS requires banks and businesses to file Form 8300, the Currency Transaction Report, if they receive cash payments over $10,000. Depositing more than $10,000 will not result in immediate questioning from authorities, however.

What happens if I deposit 5000 cash in bank? ›

Depending on the situation, deposits smaller than $10,000 can also get the attention of the IRS. For example, if you usually have less than $1,000 in a checking account or savings account, and all of a sudden, you make bank deposits worth $5,000, the bank will likely file a suspicious activity report on your deposit.

How often can you deposit cash without raising suspicion? ›

Ever wondered how much cash deposit is suspicious? The Rule, as created by the Bank Secrecy Act, declares that any individual or business receiving more than $10 000 in a single or multiple cash transactions is legally obligated to report this to the Internal Revenue Service (IRS).

Are credit card payments reported to IRS? ›

A. Gross payment card and third party network transaction amounts are reported to the IRS on Form 1099-K, Payment Card and Third Party Network Transactions.

Can the feds tap your text messages? ›

However, depending on what you are being investigated for, a federal prosecutor might seek authorization from the court to tap your phone. If it is a mobile phone, a wiretap order would also allow federal agents to see your incoming and outgoing text messages.

Can police track a phone that is turned off? ›

By cutting this off, your phone cannot be tracked via cell tower triangulation or GPS. The only location that can be discerned using these methods is that which was last shown before the device was turned off. So, the general answer is no, your phone cannot be tracked when switched off.

What can the IRS not touch? ›

IRS can not seize the taxpayer's salary, wages, or other income as is necessary to comply with such judgment for the support of minor children. IRS can not seize any amount payable to an individual as a recipient of public assistance and also assistance under Job Training Partnership Act.

Can the IRS take your car if you don't own it? ›

If you lease property—real estate, vehicles, furniture, or equipment—you aren't the legal owner. The IRS can't seize items you don't own, unless you have built up equity, or an ownership interest, in a leased asset.

Can the IRS take money from my bank account without notice? ›

Generally, the IRS can't issue a tax levy until it sends out several written notices—generally four. It can take up to six months or even longer from the due date of your payment, until the IRS can legally levy on your bank account. The last of the IRS notices is known as a Collection Due Process Notice.

Can I buy a house when I owe the IRS? ›

If you owe the IRS can you buy a house? You can as long as you have an IRS payment plan in place. Taxpayers can get loan approval for homes if the IRS payment plan and monthly obligations do not exceed exceed 45% of your income to buy a house.

Can the IRS trace a direct deposit? ›

Claims for a Direct Deposit

If the financial institution misdirected a deposit, the taxpayer generally would provide information on Form 3911, Taxpayer Statement Regarding Refund, which allows the Service to trace the deposit.

Why did I get a check from the IRS today? ›

It could be: A refund from a filed tax return, including an amended tax return or an IRS tax adjustment to your tax account – this will show as being from the IRS (“IRS TREAS 310”) and carry the code “TAX REF.”

What check amount gets flagged by IRS? ›

Although many cash transactions are legitimate, the government can often trace illegal activities through payments reported on complete, accurate Forms 8300, Report of Cash Payments Over $10,000 Received in a Trade or BusinessPDF.

What is the federal red flags rule? ›

The Red Flags Rule requires specified firms to create a written Identity Theft Prevention Program (ITPP) designed to identify, detect and respond to “red flags”—patterns, practices or specific activities—that could indicate identity theft.

How much money triggers the IRS? ›

Under the Bank Secrecy Act, various types of businesses are required to notify the IRS and other federal agencies whenever anyone engages in large cash transactions that involve more than $10,000. The idea is to thwart illegal activities.

How much money can I receive without being flagged? ›

A cash deposit of more than $10,000 into your bank account requires special handling. The IRS requires banks and businesses to file Form 8300, the Currency Transaction Report, if they receive cash payments over $10,000. Depositing more than $10,000 will not result in immediate questioning from authorities, however.

How much money can you receive without getting flagged? ›

Does a Bank Report Large Cash Deposits? Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

Is the IRS going to audit everyone? ›

Does the IRS audit everyone? It may be a relief to know that the IRS does not have the resources to audit everyone's return. It sets priorities based on certain factors reported in the return and the person who filed it. This is how they try to find potential tax revenue not reported.

Under what circ*mstances is a red flag? ›

Explantion: During daylight hours, you must use a red flag to mark any load that is protruding more than one metre. At night, you must use a red light.

What states have anti red flag laws? ›

Orders issued under "red flag" laws, also called risk-based gun removal laws, are known by several names, including Extreme Risk Protection Orders (ERPOs, in Colorado, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and the District of Columbia); ...

What determines a red flag? ›

A Red Flag Warning means warm temperatures, very low humidities, and stronger winds are expected to combine to produce an increased risk of fire danger.

What accounts can the IRS not touch? ›

IRS can not seize any amount payable to an individual as a recipient of public assistance and also assistance under Job Training Partnership Act. IRS can not seize residences exempt in small deficiency cases, principal residences, and also certain business assets exempt in the absence of certain approval or jeopardy.

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