The Internal Revenue Service has been a powerful government entity for many years in the United States and one that is not usually reckoned. Results are rarely in the favor of the citizen. It is a frightening and stressful time because so many outcomes are possible. From jail time to house seizures, the IRS has very few limits as far as what is allowable by law to punish and collect from offenders.
If you have intentionally defrauded the IRS through false reporting or non-filing, this is handled very seriously. Tax crimes can result in high fines and even prison time. IRS Audits have went down in recent years, due to a computer program that uses an undetermined formula to randomly choose the filings that provide the IRS the largest penalties, which boosts the revenue amount for the IRS. With that said, if you are among the 1 in about 200 people that get audited every year, you may want to be a bit apprehensive. Out of those audited, 1 in 5 get away without a fine or owing anything, but the other 4 in 5 can get severe punishments, jail time and serious collection methods can be levied.
When a taxpayer is found to be deceitful during an IRS audit, the auditor will try to determine if this is intentional. If the taxpayer purposefully defrauded the IRS, it becomes tax fraud. Once this is discovered and the amount of the fine or tax bill is determined, the IRS gives the individual a certain amount of time to pay the bill off. If the person can not afford to pay the bill off or simply fails to do so, the IRS may place a lien on your credit and against you. On a lien, you are usually given 10 years to pay back the total amount owed.
While a lien isn't paid, if the back due amount escalates to a levy, this could mean certain trouble for the taxpayer, though this is a last resort used by the IRS. Once you are levied, you have 45 days to pay the total tax bill. If you still fail to comply then any property you own can be taken. If you are at or near this point, it is strongly recommended that you retain professional help such as a tax attorney and/or a tax advisor for help.
Avoiding the audit all together is ideal, but once you have exhausted the entire IRS audit process including court, it is advisable to pay up, get help or understand that life as you knew it will not be the same.
Showing posts with label IRS extentions. Show all posts
Showing posts with label IRS extentions. Show all posts
Wednesday, July 29, 2009
Should I follow-up with the IRS Auditor if I haven't Heard from them in Months?
If the IRS is auditing you and you haven’t heard from your auditor in months, this may not be a bad thing. Perhaps your auditor was terminated or transferred. Another explanation is that your file could be sitting at the IRS to be processed or the file may simply be in a pile being over looked or even better, misplaced. Either way, this could result in your favor since the IRS auditors do have deadlines.
The IRS auditors have deadlines that must be followed with regards to closing your file. This is usually within 28 months from the date you filed your return or the date that it was due which is always on April 15th. The exception to that is August 15th if you filed for an automatic extension via form 4868. If you filed for a second extension using the form 2668 then October 15th would be your deadline. If extenuating circumstances have taken place on the auditor’s behalf, the IRS legally has an additional 8 months to complete your audit. That additional 8 months is time that the IRS does not want to spend having your case open and investigated, as this time is set aside for the appeals process.
Let me give you an example. If you file your 2006 return on April 15th, 2007, then 28 months from then is August 15th 2008. The eight months remaining isn’t for investigative purposes but rather for appeals processing. If you filed for an extension then the 28 months can begin as of August 15th, making the deadline for the auditor December 15th 2008. The same applies for the second extension and so on.
Calling the IRS may result in your file being found in a timely fashion. On the other hand, leaving it alone may result in the time expiring for the IRS to complete the audit. If that happens, you may be free and clear due to your file being over looked, misplaced or the auditor’s unfortunate termination. Either way, you should always remain calm and patient. Expediting the process will not help you in any way and may even be to your detriment. Do not call, email or contact the IRS in any way. Continue to do business as normal, being sure to accurately file any taxes in subsequent years. Knowing your rights and their deadlines is imperative in this situation.
The IRS auditors have deadlines that must be followed with regards to closing your file. This is usually within 28 months from the date you filed your return or the date that it was due which is always on April 15th. The exception to that is August 15th if you filed for an automatic extension via form 4868. If you filed for a second extension using the form 2668 then October 15th would be your deadline. If extenuating circumstances have taken place on the auditor’s behalf, the IRS legally has an additional 8 months to complete your audit. That additional 8 months is time that the IRS does not want to spend having your case open and investigated, as this time is set aside for the appeals process.
Let me give you an example. If you file your 2006 return on April 15th, 2007, then 28 months from then is August 15th 2008. The eight months remaining isn’t for investigative purposes but rather for appeals processing. If you filed for an extension then the 28 months can begin as of August 15th, making the deadline for the auditor December 15th 2008. The same applies for the second extension and so on.
Calling the IRS may result in your file being found in a timely fashion. On the other hand, leaving it alone may result in the time expiring for the IRS to complete the audit. If that happens, you may be free and clear due to your file being over looked, misplaced or the auditor’s unfortunate termination. Either way, you should always remain calm and patient. Expediting the process will not help you in any way and may even be to your detriment. Do not call, email or contact the IRS in any way. Continue to do business as normal, being sure to accurately file any taxes in subsequent years. Knowing your rights and their deadlines is imperative in this situation.
IRS Audits While Filing
If you receive notice for an IRS Audit, and are about to file your taxes for this year, it is strongly recommended that you wait. While this may create some tension and stress, getting through this time can be realtively easy if you know your rights and obligations. Filing a new return can result in that return being audited as well if your case is still open. For right now, file for an automatic extension which gives you until August 15th to file your new return. The automatic extension form 4868 needs to be sent in by April 15th however. To avoid further IRS audit issues, pay all taxes due by April 15th.
Once you have filed for the extension, and the deadline arrives, it is possible that you IRS Audit will still open. If the IRS audit is still going on in August and you are near your automatic extension deadline, file for another extension. This can be done using IRS Form 2688. This form will need to be sent to the IRS no later than August 15th. The second extension will then give you until October 15th to file your return if the extension is granted. Hopefully, the case will be handled and closed out by your the time second extension deadline rolls around.
But what happens if the second deadline of October is quickly approaching and the case is still open? In this case, don’t file your taxes until after the audit is complete. As long as you are not defrauding the IRS and are paying any applicable taxes by deadline, you will not be charged penalties or interest. If you find that you owe more money than what you sent on April 15th , send that in by the extension deadline of October 15th and write a note to apply the monies to your un-filed taxes for the 2008 year, as an example. If the Auditor asks you about your tax return for the current year, let them know that you are not ready to file. An auditor can not make you file your tax return.
The key to any IRS audit is to be educated and don’t be afraid. As long as you are paying applicable taxes and keeping the IRS aware of your status, you should be fine. If you feel that you are over your head, contact an IRS attorney and/or a tax advisor. Either way, the key step is to stay informed of your obligation as well as what an auditor can and can not do.
Once you have filed for the extension, and the deadline arrives, it is possible that you IRS Audit will still open. If the IRS audit is still going on in August and you are near your automatic extension deadline, file for another extension. This can be done using IRS Form 2688. This form will need to be sent to the IRS no later than August 15th. The second extension will then give you until October 15th to file your return if the extension is granted. Hopefully, the case will be handled and closed out by your the time second extension deadline rolls around.
But what happens if the second deadline of October is quickly approaching and the case is still open? In this case, don’t file your taxes until after the audit is complete. As long as you are not defrauding the IRS and are paying any applicable taxes by deadline, you will not be charged penalties or interest. If you find that you owe more money than what you sent on April 15th , send that in by the extension deadline of October 15th and write a note to apply the monies to your un-filed taxes for the 2008 year, as an example. If the Auditor asks you about your tax return for the current year, let them know that you are not ready to file. An auditor can not make you file your tax return.
The key to any IRS audit is to be educated and don’t be afraid. As long as you are paying applicable taxes and keeping the IRS aware of your status, you should be fine. If you feel that you are over your head, contact an IRS attorney and/or a tax advisor. Either way, the key step is to stay informed of your obligation as well as what an auditor can and can not do.
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