What is an IRS Audit?
An IRS audit is a review or examination of an organization’s or individual’s accounts andfinancial information to ensure the information reported is correct according to the tax laws andto verify the reported amount of tax is correct. The IRS is double checking to ensure there areno discrepancies in your return.
Preparing and filing a tax return can be stressful enough, so knowing what flags the IRS to auditcan save you headache, time, and money. The IRS isn’t going to waste its time on an auditunless agents are moderately sure that the taxpayer owes additional taxes and there’s a goodchance the IRS can collect that money. This puts a focus on high-income earners, those who runa cash-heavy business, and those who file fraudulent returns.
Being a millionaire isn’t all it’s cracked up to be – the more you earn, the more likelihoodyou have of being audited. Based on 2019 returns, 1.3 percent of taxpayers earning $1million to $5 million were audited, according to the latest IRS data. Audits for taxpayersearning more than $10 million reached close to 9 percent. That’s compared with 0.2percent for taxpayers earning $25,000 to $50,000. Interestingly, that was the same auditrate for taxpayers with income ranging from $200,000 to $500,000. (Source: IRS)
Businesses that handle a lot of cash routinely are subject to the scrutiny of the IRSbecause they may believe underreporting income is taking place, and even more so insituations where workers make tips. Businesses such as; nail salons, restaurants, carwashes, and child care should be diligent in keeping meticulous records and reportingtheir income transactions. Reporting a high volume of cash transactions or large cashtransactions may also come under scrutiny for detection of tax crimes and otherpotential criminal activity.
Failing to report all your income is one of the easiest ways to increase your chances ofgetting audited. The IRS receives a copy of the tax forms you receive, including Forms1099, W-2, K-1, and others and compares those amounts with the amounts you includeon your tax return. If those numbers don’t match up, there’s a good chance an audit iscoming your way.
It is easy for income to go unreported when your business and personal assetsintermingle. Abusing deductions for meals, entertainment, travel and mileage expensesby claiming excessive amounts or failing to allocate personal and business expensesseparately can attract the attention of the IRS.
Selection Process for Auditing
The IRS has an examination audit process. Selecting a return for examination does not alwayssuggest the taxpayer has been dishonest or made errors. In actuality, some examinations resultin a refund or acceptance of the return without change. Here are some ways the IRS selectsreturns for audit.
Potential participants in abusive tax avoidance transactions – Some returns are selectedbased on information obtained by the IRS through efforts to identify promoters andparticipants of abusive tax avoidance transactions.
Computer Scoring – The IRS uses the DIF (Discriminant Function System) which giveseach return a numeric “score”. The DIF score rates the potential for change, based onpast IRS experience with similar returns. The Unreported Income DIF (UIDIF) score ratesthe return for the potential of unreported income.
Large Corporations – The IRS examines many large corporate returns annually.
Information Matching – Some returns are selected because the taxpayer reportsinformation that does not match the income reported on the tax return. These formsinclude the W-2 from employers and 1099 interest statements from banks.
Related examination – Returns may be selected when they involve issues or transactionswith other taxpayers, such as business partners or investors whose returns wereselected for examination.
Importance of Keeping Accurate Records to Avoid Suspicion
Gathering and maintaining your business records cannot be overstated. By closely monitoringand thoroughly tracking all your expenses, revenue, and deductions throughout the fiscal orcalendar year, your accountant or CPA will be able to fill out your tax return accurately andcompletely. A well run business is one that has a healthy relationship with banks, creditors andother financial partners. By keeping your financial information updated on these documents,you can reflect where your business stands at all times and monitor progress. All of yourdocumentation throughout the year must match and reflect the information that goes into yourreturn. Without these records, it will be a challenge to assemble the exact figures for yourindividual or businesses income, profits, losses, expenses, and deductions, which are essentialto accurately complete your tax return. When these figures do not match, an audit may bepossible.
Document Discrepancies Between Reported Income and Reported Deductions
Reported income that the IRS requires you to declare includes wages, salaries, commissions,strike pay, rental income, alimony, self-employment income, and stock options to name a few.Reported deductions are expenses that can be subtracted from your gross income in order toreduce the amount of income that is subject to taxation. Deductions can be student loaninterest payments, educator expenses, self-employed health insurance payments, alimonypayments, and contributions to a retirement account. You may trigger an audit if you spend andclaim tax deductions for a significantly larger amount of money than most taxpayers in yourfinancial situation do.
Common Red Flags for an IRS Audit
Abnormally High Deductions or LossesExplanation of how claiming unusually high deductions or losses may trigger an audit – A redflag that can cause an IRS audit is claiming high deductions or excessive credits compared toincome. For example, if you made $100,000 in a single tax year and claimed $70,000 incharitable deductions. In general, you can deduct up to 60% of your adjusted gross income viacharitable donations, but you may be limited to 20%, 30% or 50% depending on the type ofcontribution and the organization. Also, always keep track of your tax-deductible donations, nomatter the amount.
Business Expenses – Take a Closer Look
Home office deductionWorking at home does not automatically mean you can deduct expenses related to your homeoffice and related expenses, like utilities. Eligibility for the so-called “home office deduction” isgenerally limited to self-employed individuals and small businesses. Even then, the deductionwill be disallowed if you don’t actually use the space as an office, don’t strictly maintain thespace for business use, or don’t otherwise strictly comply with the rules.If you are claiming the home office deduction, the IRS may ask you to prove your expenses.
Claiming a hobby as a business
Writing off expenses for a business is allowable but writing off expenses for a hobby is not.Generally, if you have not shown a profit from your business in at least three out of five yearsthat you operate your business, then the IRS will view your business as a hobby. If so, then youare limited in the amount of your deductions for expenses relating to activities not engaged infor profit. If you are operating a business, treat it as such and ensure you keep proper books andrecords.
Foreign Accounts
If the IRS suspects that you have $10,000 or more in one or more foreign financial accounts andhave not filed a Foreign Bank Account Report (FBAR), or if they believe you misreported assetsand income on the FBAR, you may be subject to audit. An FBAR audit can be complex and thefailure to comply with FBAR reporting requirements may subject you to civil penalties andcriminal prosecution exposure.Foreign Banks are required to report information about you. The Foreign Account TaxCompliance Act (FATCA) requires foreign financial institutions and entities to report informationon accounts held by a U.S. taxpayer. In compliance with this law, foreign institutions sendinformation including your name, address, account numbers, balances, and identificationnumbers to the IRS.In most cases, foreign banks will ask you to fill out Form W-8 or Form W-9 if you are a US citizenor if you ever lived in the US. Even if you do not comply with this request for information, a bankmay still forward your bank account details or interest on foreign holdings to the IRS if they havereason to believe that you are a US person.If you don’t disclose your offshore accounts, you may be caught up in an IRS audit and yourforeign accounts could be frozen. The IRS may also impose penalties for failure to comply withoffshore account disclosures. Taxpayers who did not file an FBAR but were required to may besubject to civil and criminal penalties unless there is a reasonable cause.
Minimize Your Tax Audit Risks
If you fill out your tax return accurately and honestly, you are not likely to be audited. Fulldisclosure is the key. Responsible financial reporting to the IRS minimizes your risk of an auditas long as you claim legitimate deductions and tax credits. Again, maintaining proper recordsand paperwork cannot be overstated. Keeping track of your financial documents may help youprove eligibility for deductions and credits claimed.
In Need of a Tax Attorney?
Dallo Law Group specializes in tax audits in San Diego. An IRS audit requires the taxpayer tosubmit proof for the income, deductions, and credits taken on a tax return. This can bestressful, complicated, and daunting but having skilled tax attorneys who deal and negotiatewith the IRS on a daily basis will give you peace of mind. There is no reason for a taxpayer tohandle an IRS audit alone and Dallo Law Group offers skilled, experienced tax attorneys in SanDiego who are well trained in the IRS audit process. Contact Dallo Law Group today
Written by Jamie LeBeau, Dallo Law Group