When and Why the IRS Comes to Claim What is Theirs (2024)

You may have heard about the “Big Bad Wolf” blowing a door down. Well, the IRS is not as violent, but they will come for the money they are owed. If you don’t pay, then you can expect to face consequences like wage garnishment, bank levies, and property liens.

While some people might think that IRS is so backlogged with tax returns in 2022 that they might be able to dodge a bullet and avoid filing and paying taxes. But that’s where they are wrong. The IRS can sniff out the dollars that belong to them. And sooner or later, they will rear their heads and come to collect what is theirs.

Table of Contents

How the IRS collects information about income

In most cases, your information gets red-flagged by a system called the Information Returns Processing (IRP) System. This is a huge database that reviews the earnings you report (or don’t report). It compares your stated income to the information third parties provide. Your employer, banks, and other financial institutions all report to the IRS each year, just like taxpayers. When there is a discrepancy in that data, an alert goes out and the IRS investigates.

Our resident tax expert Joe Valinho, explains it like this:

Even in the absence of a tax return, the IRS can determine if you owe taxes by the income that was reported to them by others. Using this information the IRS can file a tax return for you, without any deductions and file you as single at the highest tax rate, regardless of your marital status or deductions.

The first step of the IRS recovering unpaid taxes is the IRS will send you a notice to file your return or they will file for you. Once the IRS files the return, they will send you a bill for the balance you owe. EXPERT: Joe Valinho, CEO of Justice Tax

The IRP receives data from employers and other third parties, like financial institutions or credit card companies. Federal law requires companies to report their employees’ or payees’ income such as wages, pensions, or interest and dividends. When the IRS needs more informationor does not have any information about your income, they get it from the IRP.

If a taxpayer underreports income, i.e. the income figure they reported on their tax return is less than their actual income, the IRP sends an alert to the IRS. Then an IRS agent compares the income on your tax return with the information in the IRP. The IRP allows agents to match income reported on third-party information returns against the income reported by you.

If they find that you underreported your income, the IRS begins the collections process. First, they send you a letter to inform you they found a discrepancy and that you may have unpaid taxes. At this point, you can either dispute the discrepancy or make arrangements to pay the amount due.

Typically, the IRS only requests information from the IRP when they suspect underreporting or non-payment of taxes. They may also request information to correct their calculations, file a substitute tax return, etc.

How the IRS calculates a taxpayer’s liability

Along with information from past tax returns, the IRS uses data from the IRP to estimate the amount of taxes you owe. Their calculation is just an estimate and can be different from the actual taxes owed.

The IRS must calculate an estimate of your tax liability because they must include the amount due in the notice they send. They are required to give you certain information bylaw. When assessing the approximate amount you owe, the IRS either adjusts your return or files a return on your behalf, called a Substitute for Tax Return. It is only after they assess a tax debt that the IRS can begin collection actions.

What to do if you receive a notice from the IRS

Failure to respond to this notice can result in the IRS taking aggressive collections, levying your wages and or bank accounts and they can even attempt to seize your assets. In order to avoid these actions, you will need to get into a formal agreement.EXPERT: Joe Valinho, CEO of Justice Tax

When you receive an IRS notice about tax debt, the first thing you need to do is figure out what you owe. The calculations the IRS makes on an SFR are usually high because it does not include any credits or deductions. If you find that the amount they calculated on the SFR is inaccurate, contact them to get it corrected.

Make sure that you have the financial documents that you used to calculate your taxes because you need that evidence to back up your claims. If you delay contacting the IRS, the IRS will consider their estimation final and proceed with aggressive collection actions like abank levy or wage garnishment.

It is always a good idea to consult with a tax professional before contacting the IRS. Keep in mind that the IRS is not looking out for your best interests; they are debt collectors looking to get as much as they can from you.

Connect with a certified tax resolution serviceto stop the collection notices and end your problems with unpaid back taxes

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Article last modified on May 24, 2023. Published by Debt.com, LLC

When and Why the IRS Comes to Claim What is Theirs (2024)

FAQs

What triggers an IRS investigation? ›

Criminal Investigations can be initiated from information obtained from within the IRS when a revenue agent (auditor), revenue officer (collection) or investigative analyst detects possible fraud.

What is a claim IRS? ›

A claim for refund is a tax appeal request to the Internal Revenue Service for reimbursem*nt of all or a portion of taxes paid in prior years due to a mistake, correction, or a credit or loss that can decrease an earlier year's tax liability. Refunds may be granted when the taxpayer can show overpayment to the IRS (1).

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

At what point will the IRS come after you? ›

If you have made errors of large amounts and for several years – it shows a pattern of willful evasion of taxes. Other things that the IRS will look for include: Failing to report your income: Unreported income is a serious crime that can bring you under a criminal investigation.

What triggers a red flag to 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 long does the IRS take to investigate? ›

How long does an IRS audit take to complete? Now for the answer to the all too familiar question every tax attorney gets: “How long does a tax audit take?” The IRS audit period itself should generally take no more than five to six months. Sometimes with proper preparation, they can be resolved faster.

What is the purpose of claiming? ›

A claim persuades, argues, convinces, proves, or provocatively suggests something to a reader who may or may not initially agree with you.

What does it mean when a claim is filed? ›

A claim is a request for damages from an at-fault party for causing injuries and damages to another. Its meaning differs depending on whether the person making a claim is in litigation or not.

What is the purpose of a claim file? ›

If you file a claim, you make a request to an insurance company for payment of a sum of money according to the terms of an insurance policy. The elimination period is the time which must pass after filing a claim before a policyholder can collect insurance benefits.

How will I know if the IRS wants to audit me? ›

If the IRS decides to audit, or “examine” a taxpayer's return, that taxpayer will receive written notification from the IRS. The IRS sends written notification to the taxpayer's or business's last known address of record. Alternatively, IRS correspondence may be sent to the taxpayer's tax preparer.

Can the IRS visit your home? ›

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.

What does an IRS investigator do? ›

More In Our Agency. Criminal Investigation (CI) serves the American public by investigating potential criminal violations of the Internal Revenue Code and related financial crimes in a manner that fosters confidence in the tax system and compliance with the law.

How many people go to jail for tax evasion? ›

But here's the reality: Very few taxpayers go to jail for tax evasion. In 2015, the IRS indicted only 1,330 taxpayers out of 150 million for legal-source tax evasion (as opposed to illegal activity or narcotics).

What is considered tax evasion? ›

tax evasion—The failure to pay or a deliberate underpayment of taxes. underground economy—Money-making activities that people don't report to the government, including both illegal and legal activities.

How much do you have to owe the IRS before they garnish your wages? ›

About $12,200 annually for individuals filing as singles without any dependents. About $26,650 annually from a head of household's income with two dependents. About $32,700 annually from married persons jointly filing with two dependents.

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.

Does the IRS check bank accounts? ›

The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.

How much money triggers an IRS audit? ›

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.

How much money does IRS investigate? ›

In Fiscal Year (FY) 2022, the IRS collected more than $98.4 billion in unpaid assessments on returns filed with additional tax due, netting about $58.8 billion after credit transfers (Table 25XLSX).

How do I know if my tax return has been 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 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 are the 4 types of claims? ›

The six most common types of claim are: fact, definition, value, cause, comparison, and policy.

What are the 3 types of claim? ›

There are three types of claims: claims of fact, claims of value, and claims of policy. Each type of claim focuses on a different aspect of a topic. To best participate in an argument, it is beneficial to understand the type of claim that is being argued.

What are the grounds for a claim? ›

The grounds (or data) is the basis of real persuasion and is made up of data and hard facts, plus the reasoning behind the claim. It is the 'truth' on which the claim is based. Grounds may also include proof of expertise and the basic premises on which the rest of the argument is built.

What happens after a claim is processed? ›

Once the claim is processed, you will receive an Explanation of Benefits (EOB) that details how the care you received was paid by your plan. You may also receive a bill from your doctor during this time for any charges left unpaid by you or your insurance company.

What is a example of a claim? ›

Claims are statements about what is true or good or about what should be done or believed. Claims are potentially arguable. "A liberal arts education prepares students best" is a claim, while "I didn't like the book" is not.

What happens when someone makes a claim on you? ›

What happens if someone claims on my insurance? If both you and the other driver agree that the accident was your fault, then your insurance provider will simply handle the claim and pay out. You shouldn't have to do anything once you've reported the accident.

How do claims work? ›

An insurance claim is a request filed by a policyholder to a provider asking for compensation for a covered loss. The insurance company will then review the claim, and they can approve it and issue an eventual payout after investigating it, or they deny the claim.

Is it better to file a claim? ›

It's crucial to file a claim for major property damage and bodily injuries. A claim might not be worth it for one-car accidents when nobody is hurt. A bad driving record could increase your auto insurance premiums for three years.

Do you need proof for a claim? ›

The party initiating a case or lawsuit must support its claims with facts and evidence. Attornies are often tasked with collecting evidence and establishing a burden of proof on behalf of a plaintiff.

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.

How serious is an IRS audit? ›

It will impose tax penalties if errors are found in your tax returns. There's also the possibility of jail time in serious cases of tax evasion and tax fraud. The IRS may normally flag one return for audit but it does have the authority to audit returns from the past several years.

How long does it take the IRS to audit me? ›

The IRS usually starts these audits within a year after you file the return, and wraps them up within three to six months. But expect a delay if you don't provide complete information or if the auditor finds issues and wants to expand the audit into other areas or years.

Can the IRS tap your phone? ›

IRS policy therefore restricts the use of non-consensual interception of oral and wire communications to "extremely limited situations" and only in "significant money laundering investigations." 18 USC §2516(3) authorizes the real time interception of electronic communications to investigate any Federal felony.

How does the IRS contact you for an audit? ›

How Will I Know the IRS is Auditing Me? According to the Internal Revenue Service website, they will notify you by certified mail if they select you for an audit. They will send the notification to the individual or business's full name and address they have on record.

Can the IRS talk to your neighbors? ›

In general, the IRS can't contact third parties such as your employer, neighbors or bank, to get information to adjust or collect the tax you owe unless it gives you reasonable notice in advance.

How do people get caught for tax evasion? ›

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 much does the IRS pay snitches? ›

An award worth between 15 and 30 percent of the total proceeds that IRS collects could be paid, if the IRS moves ahead based on the information provided. Under the law, these awards will be paid when the amount identified by the whistleblower (including taxes, penalties and interest) is more than $2 million.

What do IRS auditors look for? ›

During an IRS tax audit, the IRS looks at all of the subject's financial reporting and tax information and has the authority to request additional financial documents, such as receipts, reports, and statements.

What is the most common tax evasion? ›

Some of the most common tax evasion cases involve people running cash businesses who pocket money from the cash register without reporting the income, Miller says. “That's tax evasion,” he says. “That is very, very common — and the IRS knows that's very common.”

How can I avoid jail for tax evasion? ›

Fortunately, there are other ways to avoid jail or other serious penalties over unpaid taxes. If the best way is to pay your taxes on time, the second-best way is to be upfront and responsive with the IRS when you have failed to pay taxes. It is easier to address your tax problems before they grow too large.

How far back can tax evasion be investigated? ›

The basic rule for the IRS' ability to look back into the past and conduct a tax audit is that the agency has three years from your filing date to audit your tax filing for that year.

What amount triggers IRS audit? ›

The IRS will be notified if you make a large deposit over the $10,000 amount. Be prepared to show how and why you received that money if you file a tax return.

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

The Short Answer: Yes. Share: The IRS probably already knows about many of your financial accounts, and the IRS can get information on how much is there. But, in reality, the IRS rarely digs deeper into your bank and financial accounts unless you're being audited or the IRS is collecting back taxes from you.

What makes you more likely to get audited? ›

Certain types of deductions have long been thought to be hot buttons for the IRS, especially auto, travel, and meal expenses. Casualty losses and bad debt deductions might also increase your audit chances. Businesses that show losses are more likely to be audited, especially if the losses are recurring.

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