The 2019 Audit Survival Guide: 6 Tips for Surviving a Tax Audit - SH Block Tax Services (2024)

Receiving any notification from the IRS can be stressful, but receiving a notice that you’re being audited is enough to make anyone panic. The IRS conducts audits for any number of reasons — and not necessarily because you have done anything wrong. However, even if you are sure that you have nothing to worry about, you still need to take an IRS audit seriously and consider hiring a tax attorney if you think there is anything the IRS could misconstrue.

In this article, we’ll provide a little background on why the IRS may have chosen you for further scrutiny and then offer six tips for surviving your tax audit.

Red Flags for the IRS: Why Am I Being Audited?

Before we get into how to survive a tax audit, let’s talk about why you’re under investigation in the first place. There are a variety of red flags the IRS looks for on tax returns that signal them to select you for an audit. Typically, your return will be flagged if the information you provided falls outside of their expectations. But remember, just because the IRS is auditing you doesn’t mean that you’ve done anything wrong, only that they believe you might have. In this regard, don’t go out of your way to avoid the red flags listed below, but be aware that they might be the reason for your audit.

  • Claiming 100% business use of a vehicle
  • Taking an early IRA or 401k payout
  • Unusual schedule C reports
  • Large foreign currency transactions
  • Extensive charitable donations
  • High rental property income or losses
  • Claiming earned income credit

The IRS will mail you a notice of your audit that should explain why they are auditing you. If you are confused by their explanation for the review or believe they have made a mistake, contact a tax attorney before replying to the notice or agreeing to meet.

6 Steps to Surviving a Tax Audit in 2019

1. Take Time to Prepare for Your Tax Audit

Do not contact the IRS immediately after receiving an audit notice. You’ll likely have around 30 days until you need to respond, which gives you plenty of time to contact a tax attorney and prepare supporting documentation. The documentation you need will depend on what the IRS is investigating and will likely include:

    • Receipts and bills
    • Legal papers
    • Loan agreements
    • Medical documents
    • Proof of employment
    • Mileage logs

2. Avoid Hosting the Tax Audit

If the IRS requests that you respond in-person to their audit, try to avoid having them do a field visit to your home or place of business. Instead, see if they can conduct the meeting from their own office or that of your accountant or tax attorney. Permitting the IRS access to your business or home might allow them to see something that reinforces their conviction that you have done something wrong.

3. Be Concise and Precise

Do not offer any information that the IRS agent does not specifically ask of you, but make sure the information you do provide is both truthful and detailed. The more detailed information you provide, the more confidence you will instill. However, providing additional information could give them something to use against you that they otherwise wouldn’t have known to ask.

4. Defend Your Position, But Don’t Argue with an IRS Agent

Don’t say you did or didn’t do something unless you can prove it. Don’t try to argue how much taxes you owe, but if you feel like you should have a disallowance or deduction, defend your position. Try to negotiate your options without coming across as defensive or argumentative. A tax attorney can be a significant asset in helping you walk the line between being difficult and letting the IRS take advantage of you.

5. Understand Your Rights During a Tax Audit

You have rights as a taxpayer and can find the official IRS publication detailing all of those rights here. One of the most useful privileges on the list is the right to retain representation in all dealings with the IRS, including when you are undergoing an audit. Another essential right includes being able to challenge and appeal an IRS decision.

6. Work With a Tax Attorney During a Tax Audit

It is always best to work with a tax attorney from the very beginning of an IRS audit to be as prepared as possible for anything they might throw at you. However, if you try to go it alone and decide later during an in-person audit that this is more than you can take care of on your own, you can call a recess and quickly contact your tax attorney for advice.

Need Help Surviving Your Audit? Contact S.H. Block Tax Services

If you have any questions or concerns about an impending tax audit, please contact the tax attorneys at S.H. Block Tax Services. Our skilled attorneys have experience working with the IRS to resolve tax issues and protect taxpayers’ rights.

Schedule your free consultation today by calling(410) 872-8376or completing the brief contact form to the right.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

The 2019 Audit Survival Guide: 6 Tips for Surviving a Tax Audit - SH Block Tax Services (2024)

FAQs

How do I survive an IRS audit? ›

Checklist: How to Survive a Tax Audit
  1. Delay the audit. Postponing the audit usually works to your advantage. ...
  2. Don't host the audit. Keep the IRS from holding the audit at your business or home. ...
  3. Have realistic expectations. ...
  4. Be brief. ...
  5. Don't offer other years' returns. ...
  6. Reconstruct records. ...
  7. Negotiate. ...
  8. Know your rights.

How do I pass an IRS audit? ›

How to address an IRS audit
  1. Understand the scope of the tax audit. ...
  2. Prepare your responses to IRS questions. ...
  3. Respond to IRS requests for information/documents on time, and advocate your tax return positions. ...
  4. If you disagree with the results, appeal to the appropriate venue.

What is the number one way to avoid an IRS audit? ›

To prevent an IRS audit for unreported income: Keep detailed records of income from all sources, including hobbies, side hustles, investments, and gambling. Income under $600 that wasn't recorded on a 1099 form still needs to be reported on your tax return.

How do I avoid a tax audit 7 tips? ›

Here are some small business tips on how to avoid a tax audit and deal with one if it does happen.
  1. Check your numbers. ...
  2. Don't report a loss every year. ...
  3. Keep good records and report income and expenses accurately. ...
  4. Don't pay overly high salaries to employees who are shareholders. ...
  5. Be careful of independent contractors.
Feb 2, 2024

What is the IRS 6 year rule? ›

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.

How many years back can you be audited by the IRS? ›

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.

What triggers the IRS to audit you? ›

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.

Does the IRS look at your bank account during an audit? ›

Generally, the IRS won't go rifling through your bank account transactions unless they have a good reason to. Some situations that could trigger deeper scrutiny include: An audit – If you're being audited, especially for issues like unreported income, the IRS may request bank records.

What proof do you need for IRS audit? ›

You generally must have documentary evidence, such as receipts, canceled checks, or bills, to support your expenses. Additional evidence is required for travel, entertainment, gifts, and auto expenses.

What is a red flag in audit? ›

A red flag is a warning or indicator, suggesting that there is a potential problem or threat with a company's stock, financial statements, or news reports. Red flags may be any undesirable characteristic that stands out to an analyst or investor.

What is a red flag to the IRS? ›

Taking unusually large deductions

So, if you claim a large deduction that doesn't make sense for someone in your income range, the IRS computers are going to flag that deduction. For example, if you make $50,000 during the year, the IRS is going to be suspicious if you claim $20,000 in donations to charity.

What income level gets audited the most? ›

The two groups most likely to get audited are those earning more than $10 million and taxpayers who claim the Earned Income Tax Credit, who tend to be low- or middle-income workers.

How do you win a tax audit? ›

The best way to start is by calling the auditor that you don't agree with and make your argument. If you are having trouble making your point then you can choose to meet with their manager, appeal with the IRS, or go to tax court. Consider hiring a tax professional: A tax professional can represent you before the IRS.

How to reduce chances of IRS audit? ›

You can't always avoid an audit, but thorough records that support your deductions can quickly appease most auditors. Have supporting documentation for any deduction on your tax return, especially those that are significant or subject to special rules, such as rental losses.

What businesses get audited the most? ›

A sole proprietor earning more than $100,000 has a higher audit risk. Depending on the amount of income or net earnings, the IRS may even consider a business as a “pass-through entity” comparable to a medium or large-sized business.

How serious is an IRS audit? ›

On a scale of 1 to 10 (10 being the worst), being audited by the IRS could be a 10. Audits can be bad and can result in a significant tax bill. But remember – you shouldn't panic. There are different kinds of audits, some minor and some extensive, and they all follow a set of defined rules.

How do I get out of an IRS audit? ›

Taxpayers have the right to appeal their audits. You must file your official protest within 30 days of the date on the letter sent by the IRS. Prepare for your hearing, present your case, and negotiate a settlement with the appeals officer.

Can you settle an IRS audit? ›

Fast Track Settlement offers small businesses, the self-employed and individual taxpayers a way to resolve tax disputes during the examination process. Our goal is to resolve these cases within 60 days from the date the Fast Track application is accepted.

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