I have a couple of featured sites that I would like to share with my audience. While I am factual about how to deal with the IRS and audits, this is information you will want to have!
www.truthattack.org
Watch his insightful video. All of this information will help you to stand up for your rights whe it comes to the IRS.
http://www.youtube.com/watch?v=fWXFT3aadbw
Thanks,
Shannon
Friday, July 31, 2009
Thursday, July 30, 2009
Keeping records for the IRS Audit
It has always been assumed that you should keep tax records for seven years after the date that you filed. While this may be safe, this isn’t exactly necessary. Tax records such as receipts, invoices, cancelled checks and other documents that can prove to the IRS that your tax filing was correct should be kept until the statute of limitations runs out.
Usually, the statute of limitations is three years from the date that the tax return was filed. An exception to this is if you paid your tax bill for a specific year over the course of time, making the time to keep the tax records from that filing year two years after the tax bill was paid. There is not however, a statute of limitations when a tax return was falsely prepared or fraudulent. Also, there is no limitations if a tax return was not filed. Some items, such as property tax documents should be kept indefinitely.
Everyone needs a guide so here are some pointers that will help you in the event that you get audited. You should keep verifying documents for property, real estate or stocks, until the recognition of a gain or loss from the sale plus the three-year limitation on the tax return where you reported the gain or loss. Keep all copies of the actual return that you filed with the IRS indefinitely. Retain tax records that show a tax refund credit based on bad debts or losses on worthless securities for seven years. Keep tax records showing net operating losses until the losses are used to offset taxable income and the carry forward term expires, plus the three-year limitation from the time you filed. The carry forward term can be up to 20 years.
The statute of limitations is extended by six years if you understated your gross income by more than 25%. If you employ others, you must keep the employee’s tax records for four years from the date that the tax is paid or filed, which ever is later.
There is no clear definition on how long to keep your records. The bottom line: keep all tax filings for ever, keep back up documentation for four years and if you are high risk for a fraudulent accusation keep all back up documentation indefinitely.
Usually, the statute of limitations is three years from the date that the tax return was filed. An exception to this is if you paid your tax bill for a specific year over the course of time, making the time to keep the tax records from that filing year two years after the tax bill was paid. There is not however, a statute of limitations when a tax return was falsely prepared or fraudulent. Also, there is no limitations if a tax return was not filed. Some items, such as property tax documents should be kept indefinitely.
Everyone needs a guide so here are some pointers that will help you in the event that you get audited. You should keep verifying documents for property, real estate or stocks, until the recognition of a gain or loss from the sale plus the three-year limitation on the tax return where you reported the gain or loss. Keep all copies of the actual return that you filed with the IRS indefinitely. Retain tax records that show a tax refund credit based on bad debts or losses on worthless securities for seven years. Keep tax records showing net operating losses until the losses are used to offset taxable income and the carry forward term expires, plus the three-year limitation from the time you filed. The carry forward term can be up to 20 years.
The statute of limitations is extended by six years if you understated your gross income by more than 25%. If you employ others, you must keep the employee’s tax records for four years from the date that the tax is paid or filed, which ever is later.
There is no clear definition on how long to keep your records. The bottom line: keep all tax filings for ever, keep back up documentation for four years and if you are high risk for a fraudulent accusation keep all back up documentation indefinitely.
Frequently Asked Questions Regarding IRS Audits
There are many questions and concerns that pop into a taxpayers mind when they find out that they are being audited. One of the more commonly asked questions is whether or not the IRS can take their house. Yes, the IRS can take a person’s home to collect on unpaid tax bills. This is usually a last resort however, and the taxpayer’s Bill of Rights discourages the IRS from seizing a primary residence. That doesn’t mean however, that if you own rental property or a second home that these properties will not be seized. The IRS can not just take your home though. There are standard procedures that they must go through first. They must obtain a court order, which you can contest. You can also request the Taxpayer Advocate Service to help you in stopping the seizure. Taking someone’s home gathers negative publicity when local news agencies find out. The IRS doesn’t like this kind of image, so a call to the newspaper, TV Station or government officials may be helpful.
Another frequently asked question is if one can make a deal with the IRS to pay less then the total tax bill. This is a possibility though other measures are recommended. If you absolutely want to try this path, start by filing a 656 form, which is an Offer in Compromise. This will open up your finances for thorough investigation before they decide if settling for less than what you owe would be in the best interest of the IRS. Just about half of the offers made are eventually accepted, but notably after negotiations. Rarely will the taxpayer get what he/she originally asked for. In most cases, the IRS will determine an amount that they believe is fair. Generally, contesting the IRS audit will end up with you owing less then the Tax Bill anyways, so sometimes it just pays to contest it from the beginning.
Lastly, people want to know how likely it is that they will be charged with criminal tax fraud. Fewer than 2% of taxpayers are investigated for tax fraud. Additionally, the majority of those prosecuted for tax fraud work in some type of organized crime or are public figures. Being found guilty of tax fraud by your auditor and being criminally charged with it are two different things. Out of the 2% that are investigated for it, the majority ends up paying fines.
Another frequently asked question is if one can make a deal with the IRS to pay less then the total tax bill. This is a possibility though other measures are recommended. If you absolutely want to try this path, start by filing a 656 form, which is an Offer in Compromise. This will open up your finances for thorough investigation before they decide if settling for less than what you owe would be in the best interest of the IRS. Just about half of the offers made are eventually accepted, but notably after negotiations. Rarely will the taxpayer get what he/she originally asked for. In most cases, the IRS will determine an amount that they believe is fair. Generally, contesting the IRS audit will end up with you owing less then the Tax Bill anyways, so sometimes it just pays to contest it from the beginning.
Lastly, people want to know how likely it is that they will be charged with criminal tax fraud. Fewer than 2% of taxpayers are investigated for tax fraud. Additionally, the majority of those prosecuted for tax fraud work in some type of organized crime or are public figures. Being found guilty of tax fraud by your auditor and being criminally charged with it are two different things. Out of the 2% that are investigated for it, the majority ends up paying fines.
IRS Representation and why it is Important
Getting a tax advisor can help when dealing with IRS problems. In the beginning, when you consult with an advisor, you will have a good idea of what you can expect from the IRS auditor during this stressful time. You will be informed of what kinds of questions you will be asked and what documents they will request to see. The tax advisor has probably, or at least should have, experience in dealing with an IRS auditor.
Getting through an audit is much like playing a game of chess. Knowing your opponent’s next moves are critical, and having a game plan or strategy will help your situation. Since tax advisors have played this game before with this opponent, they are usually better qualified at limiting your burden.
During the audit, an attorney, public accountant or enrolled agent will meet with the auditor in your place. Your representative is less emotionally involved, less defensive but most importantly they are able to negotiate on the law. Since they speak the same language as the IRS auditor, they have a better chance of reeling in the prize, which unfortunately for you just means less scrutiny and/or penalties.
Once the audit has been completed and the report is final, you may be asked to sign some documents. It is vital at this stage that you have your representative review the form before placing your “John Hancock” at the bottom. You should fully understand and agree to what you are signing before you sign. Your signature is your word that everything in the documents for which you are signing is true and correct. Having someone carefully review and explain to you the repercussions of signing the document is your right so you should use it.
Make sure that your line of communication is always open with your representative. It is imperative that he/she knows everything about your return, situation or documentation received. If you are represented, it is recommended that you do not correspond with the auditor in anyway unless directed to do so by your representative. While an IRS audit is tough, you will get through it with some patience.
Getting through an audit is much like playing a game of chess. Knowing your opponent’s next moves are critical, and having a game plan or strategy will help your situation. Since tax advisors have played this game before with this opponent, they are usually better qualified at limiting your burden.
During the audit, an attorney, public accountant or enrolled agent will meet with the auditor in your place. Your representative is less emotionally involved, less defensive but most importantly they are able to negotiate on the law. Since they speak the same language as the IRS auditor, they have a better chance of reeling in the prize, which unfortunately for you just means less scrutiny and/or penalties.
Once the audit has been completed and the report is final, you may be asked to sign some documents. It is vital at this stage that you have your representative review the form before placing your “John Hancock” at the bottom. You should fully understand and agree to what you are signing before you sign. Your signature is your word that everything in the documents for which you are signing is true and correct. Having someone carefully review and explain to you the repercussions of signing the document is your right so you should use it.
Make sure that your line of communication is always open with your representative. It is imperative that he/she knows everything about your return, situation or documentation received. If you are represented, it is recommended that you do not correspond with the auditor in anyway unless directed to do so by your representative. While an IRS audit is tough, you will get through it with some patience.
Internal Revenue Tax Audit, IRS Audits
Being audited by the IRS is very stressful. One of the best methods of combating a bad situation is to be educated and informed. You should know what the infractions and penalties are that you could get hit with.
If you get a late filing infraction, your tax penalty could result in 5% per month of the net tax due to the IRS with a maximum of 25%. If you IRS tax return is more than 60 days late, the minimum IRS tax penalty is the smaller of $100 or 100% of the tax owed. If the late filing is due to fraud, you will get a tax penalty of 15% per month of the net tax due to the IRS with a maximum of 75%.
If you make late tax payments to the IRS, your penalty could be 0.5% per month of the unpaid tax due to the IRS with a maximum of 25%. This amount increases to 1% after the IRS issues an IRS tax notice of their intent to levy.
For negligence or disregard of IRS tax rules and regulations you could get a penalty of 20% of tax underpayment that would otherwise be due to the IRS. If you were being fraudulent then the penalty would increase to 75% of the tax underpayment that would be due to the IRS. If you substantially understate your income, which is greater than 10% of the correct tax liability or $5,000, then your penalty could be 20% of the tax underpayment due to the IRS.
If your infraction was overvaluating by 200% or more but less than 400% of the correct amount then your penalty could be 20% of the tax underpayment due to the IRS. Over Valuations of more than 400% would be subject to a penalty of 40% of the tax underpayment that would be due to the IRS.
If your infraction deals with Estate and gift tax under valuation or 50% or more of the correct valuation and if the tax underpayment exceeds $5,000 then 20% of the tax underpayment would be due to the IRS. If the same is true but the under valuation is 75% or more and the tax underpayment exceeds $5,000 then the tax underpayment penalty due to the IRS becomes 40%. I hope this helps you to determine what penalties could result from your IRS audit.
If you get a late filing infraction, your tax penalty could result in 5% per month of the net tax due to the IRS with a maximum of 25%. If you IRS tax return is more than 60 days late, the minimum IRS tax penalty is the smaller of $100 or 100% of the tax owed. If the late filing is due to fraud, you will get a tax penalty of 15% per month of the net tax due to the IRS with a maximum of 75%.
If you make late tax payments to the IRS, your penalty could be 0.5% per month of the unpaid tax due to the IRS with a maximum of 25%. This amount increases to 1% after the IRS issues an IRS tax notice of their intent to levy.
For negligence or disregard of IRS tax rules and regulations you could get a penalty of 20% of tax underpayment that would otherwise be due to the IRS. If you were being fraudulent then the penalty would increase to 75% of the tax underpayment that would be due to the IRS. If you substantially understate your income, which is greater than 10% of the correct tax liability or $5,000, then your penalty could be 20% of the tax underpayment due to the IRS.
If your infraction was overvaluating by 200% or more but less than 400% of the correct amount then your penalty could be 20% of the tax underpayment due to the IRS. Over Valuations of more than 400% would be subject to a penalty of 40% of the tax underpayment that would be due to the IRS.
If your infraction deals with Estate and gift tax under valuation or 50% or more of the correct valuation and if the tax underpayment exceeds $5,000 then 20% of the tax underpayment would be due to the IRS. If the same is true but the under valuation is 75% or more and the tax underpayment exceeds $5,000 then the tax underpayment penalty due to the IRS becomes 40%. I hope this helps you to determine what penalties could result from your IRS audit.
IRS Audit Representation
If you decide that you need to enlist the help of a representative, there are some items that he/she should be taking care of. For example, the representative should be able to handle your audit in such a way as to limit your exposure. The less the auditor sees of you and your business means the less vulnerable you are to further probing. Additionally, the representative should lower the risk of the auditor probing into higher risk areas, other than the specific requests for documentation made in the initial audit notification.
Tax laws are quite complex and many are left open to interpretation. With that said, a representative should be able to limit the scope of the auditor’s investigation. For example, an auditor may request to look at material deductions. The representative’s job should be to limit what the auditor considers “material” to a dollar amount with the highest threshold possible. Perhaps the representative, through the use of interpretation, can convince the auditor to examine all documents, which have a higher value than $1,000. The less documents that have to be produced is limiting your exposure and preventing you from being audited any further.
Since an auditor can go back and request prior years tax returns and documentation, it is important to produce the documents requested, and only those listed, in a timely and organized fashion. The representative should appear professional and well organized. The more timely you are in your replies and the more organized you present it, the more likely the auditor will assume that your business is handled professionally and with scrutiny.
If you choose to handle the audit without a representative, there are some tips to consider. Never leave your original documents with the IRS, never give the IRS agent more or less information than what is requested, be organized, respond timely, answer questions honestly but briefly, do not argue or be belligerent, insist on getting copies of information in their files and of anything you sign. If you have a representative accessible, have them review any documents prior to signing them. Having a representative is up to you, but being informed either way is essential.
Tax laws are quite complex and many are left open to interpretation. With that said, a representative should be able to limit the scope of the auditor’s investigation. For example, an auditor may request to look at material deductions. The representative’s job should be to limit what the auditor considers “material” to a dollar amount with the highest threshold possible. Perhaps the representative, through the use of interpretation, can convince the auditor to examine all documents, which have a higher value than $1,000. The less documents that have to be produced is limiting your exposure and preventing you from being audited any further.
Since an auditor can go back and request prior years tax returns and documentation, it is important to produce the documents requested, and only those listed, in a timely and organized fashion. The representative should appear professional and well organized. The more timely you are in your replies and the more organized you present it, the more likely the auditor will assume that your business is handled professionally and with scrutiny.
If you choose to handle the audit without a representative, there are some tips to consider. Never leave your original documents with the IRS, never give the IRS agent more or less information than what is requested, be organized, respond timely, answer questions honestly but briefly, do not argue or be belligerent, insist on getting copies of information in their files and of anything you sign. If you have a representative accessible, have them review any documents prior to signing them. Having a representative is up to you, but being informed either way is essential.
Wednesday, July 29, 2009
Types of IRS Audits
There are four different types of IRS audits. While none of them are pleasurable, there are notable differences. Each type of audit is unique in the way it is handled. Additionally, each type of audit is specifically aimed toward a select group of taxpayers being audited.
The first type of audit is a correspondence audit. You will receive a letter from the IRS requesting that you provide certain documentation in order to verify information that you have stated on your return. This information is to be sent back via the mail service and no in person meeting is required. This type of audit usually happens to individuals and is not geared towards complex tax returns or business entities.
The second type, an office audit, is where the IRS sends a letter requesting that either you or your representative bring certain documentation to the local IRS office. This type of audit usually applies to small business or sole proprietorships where sales are less than $500,000. In an office audit, a local auditor will examine the documentation produced.
The third type of IRS audit is the field audit. This audit usually happens to incorporations and partnerships. The IRS auditor will call the owner, partner or agent, inform them that they have been selected for an audit and set up an appointment to meet in person. This type of audit is called a field audit because the auditor will want to meet at your home or place of business. Inviting an auditor into your home or place of business is discouraged whenever possible. Try to arrange the meeting at your tax advisor’s office or other professional agent that you use. The auditor will want to interview the principals of the business and determine where your records are located. It is strongly recommended that you obtain representation if you receive a field audit, as this is usually a “fishing expedition”.
The last type of audit is a Taxpayer Compliance Measurement Program audit. This is used to update the scoring program the IRS uses to select future audits. You business will be audited on every line item and this is very time consuming. Records, invoices, checks, time cards and receipts will have to be produced. In a TCMP audit, a full audit is conducted, and every piece of documentation must be produced.
The first type of audit is a correspondence audit. You will receive a letter from the IRS requesting that you provide certain documentation in order to verify information that you have stated on your return. This information is to be sent back via the mail service and no in person meeting is required. This type of audit usually happens to individuals and is not geared towards complex tax returns or business entities.
The second type, an office audit, is where the IRS sends a letter requesting that either you or your representative bring certain documentation to the local IRS office. This type of audit usually applies to small business or sole proprietorships where sales are less than $500,000. In an office audit, a local auditor will examine the documentation produced.
The third type of IRS audit is the field audit. This audit usually happens to incorporations and partnerships. The IRS auditor will call the owner, partner or agent, inform them that they have been selected for an audit and set up an appointment to meet in person. This type of audit is called a field audit because the auditor will want to meet at your home or place of business. Inviting an auditor into your home or place of business is discouraged whenever possible. Try to arrange the meeting at your tax advisor’s office or other professional agent that you use. The auditor will want to interview the principals of the business and determine where your records are located. It is strongly recommended that you obtain representation if you receive a field audit, as this is usually a “fishing expedition”.
The last type of audit is a Taxpayer Compliance Measurement Program audit. This is used to update the scoring program the IRS uses to select future audits. You business will be audited on every line item and this is very time consuming. Records, invoices, checks, time cards and receipts will have to be produced. In a TCMP audit, a full audit is conducted, and every piece of documentation must be produced.
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