How Far Back Can the IRS Audit?

Wondering how far back the IRS can audit you? The Internal Revenue Code, Section 6501, provides the statute of limitations. A statute of limitation is a law that provides a maximum time in which the taxpayer and the IRS must, “initiate legal proceedings from the date of an alleged offense.” Therefore, how far back the IRS can audit you depends on the circumstances of the tax return.

According to the U.S. government, the IRS can request for returns filed within the last three years in an audit. Though the IRS typically does not audit for documents older than 3 years, if there is a significant error upon filing past returns, it is possible for the IRS asking for necessary documents.

The statute of limitations starts on the original due date of the tax return. The statute of limitations starts on April 15th of the year that the tax return was due. So, if you filed your 2013 tax return on April 15, 2014, then the IRS would have time until April 15, 2017, to audit it.  However, if you had requested an automatic extension and filed tax return on Oct. 15, 2014 then the IRS still has time until Oct. 15, 2017, to audit your return and assess any additional tax and penalties due.

Even if you do your best with your taxes, taxes are horribly complex, and you may be asked for more information on IRS collection. Make sure you keep all records to stay ready for any requests by the IRS. Here are a few tips form IRS Audit Group about tax laws that sets a time limit on IRS tax audits, and how far back the IRS can audit.

How far back can the IRS audit you?

Below are the three different time frames and descriptions of when each applies for the IRS to audit your tax return according to the analysis done by tax law professionals at IRS Audit Group:

3 Year Period:

This is the standard amount of time that the IRS has to legally audit tax returns.  This is the time period that applies if you do not fall into any of the two categories listed below.

6 Year Period:

If the income on the tax return was understated income by 25 percent or more, the statute of limitations to audit the return can be extended by another 3 years.  It is worth noting that the IRS doesn’t consider any amount as omitted from gross income if you disclose it in the tax return, or in a statement attached to it.

Unlimited Time Period

When there is a massive amount of tax understatement, the IRS legally has six years to confront the return. However, there are three exceptions which extend it to an unlimited time period.

In the event of one of the three exceptions, the IRS has an unlimited amount of time to audit and charge penalties and interest rates. Specifically, you may be subject to accumulate taxes, penalties and interest without any time limitation if one of the three exceptions apply:

1.      The Taxpayer Filed a false tax return,
2.      The Taxpayer attempted to illegally evade paying taxes
3.      The Taxpayer Failed to file a tax return.

How Long Does IRS Audit Process Take?

An audit may seem like it takes an eternity. For some people, an audit will take longer than others. The IRS cannot determine exactly how long an audit will take; however, the IRS, too, is in favor of a speedy process. In other words, the IRS would like to get the procedure completed as soon as possible. Numerous items can prolong an audit — we suggest visiting the IRS website for a thorough elaboration, though, IAG has created a quick analysis on what may extend an audit process time.

Delaying by not providing

Not providing the IRS with the documents in time can lead to further issues with the IRS, and prolonging the audit process time. It is not recommended to delay the documentation simply buy some time.

Other reasons for a delay

An audit can likely lead to disagreements. And sometimes you may not be able to meet on time because of conflicting schedules. These conflicts are to be expected, and the IRS does attempt to work with the auditees to try and make sure that it runs smoothly.

Causing a delay is not a wise idea. This can upset the auditor, and one of the most important things to remember during an audit is that the IRS is a bold collection agency. They can freeze your accounts; garnish your paychecks; and take away property and assets. With all of the power they wield, to not delay. Instead, speak to a certified tax professional to know more about an extension period.

Disagreement On How Far Back The IRS Can Audit

Disagreements are normal, and it is likely that the auditee and the auditor may not agree on certain aspects of a return or findings. IRS Audit Group has tips on how to treat a disagreement assertively.

How to handle a disagreement

If you do not agree with the findings in an IRS audit, one can request mediation and to speak with an IRS manager. It is even possible to appeal the findings. However, this may only be possible if it is still within the statute of limitations because, as mentioned above in How Far Back Can the IRS Audit?, it can depend on how far back the IRS can audit you. But first, IRS Audit Group we advise to consult with a tax attorney beforehand. To learn more, speak to a tax attorney or consultant at IRS Audit Group.

It can get worse

What happens if you do not comply with the IRS’ notices? The problem remains, and interests and penalties may accrue — in short, a delay. Disagreements in how to handle a certain deduction or how to handle incoming funds can delay things further. It is possible that these disagreements would require the auditee and the IRS to go to tax court. We highly recommend to not resort to these methods, or go to tax court without proper representation and consultation. Regardless, as a taxpayer or auditee, it is imperative to know and fully understand Your Taxpayer Rights.

Learn More

If you are still unsure, do not hesitate to reach out for help. If you have more questions regarding taxes, and IRS audits, contact us. Our knowledgeable operators will connect you to a competent tax attorney at IRS Audit Group offices in Beverly Hills or Newport Beach. Regardless the tax situation, we will help resolve your tax matters assertively, efficiently, and responsibly. We serve customers nationwide.

In general, no one really wants to be audited by the Internal Revenue Service (IRS) and to be frank, it’s a problem. There are chances of getting audited as the income level increases as well. It is better to play safe to avoid the burden and stress of an IRS audit.

Here is a summary of the reasons for getting audited

– Annual income
– Exclusion of income while filing returns
– Deductions claimed based on total income

In order to stay out of this IRS auditing, it is prudent to look into a few red flags (warning signs) which you take note of as follows;

Earning income from multiple sources

When you have multiple sources of income, say you are a freelancer, it may turn out for you hard to maintain all of the income year earned, and the much more likely you’re to leave out a payment. Any organization you work for is required to send the IRS copies of all 1099s and W-2 forms you receive. If the income you record doesn’t line up with those forms, that mismatch IRS will trigger at least a letter audit.
Unreported Income
Unreported income is a huge deal to the IRS. According to a recent IRS report, U.S loses hundreds of billions per year in taxes due to unreported income. So if you fail to showcase those earnings, the IRS will ask explanations.

Running own business

The IRS always have an impression that they can find more the unpaid tax from those who run own business. It’s always better to keep a good track of records if you are running own business. It is advisable to maintain in-depth reports, which consists of business associated receipts regarding purchase etc. in a good categorized manner is a must when filing the returns.

Foreign Accounts & Assets

If you keep the overseas account, it could certainly raise questions in the minds of IRS specialists. Also, the IRS is intensely focused on any individuals who hold an offshore bank or any kind of security accounts. Also, the residents and citizens of U.S who hold any foreign assets are required to report it to the IRS on form 8938.

Involving in huge money transactions

The IRS obtains many reports concerning the excess amount of currency transactions via bank deposits and withdrawals, casino visits etc. Even many banks also fill out an IRS reporting form for cash transactions of over $5,000. It is advisable to take note of these transactions and be prepared to give an explanation in the case asked for.

Hiding the taxable income

If you file a return which doesn’t match up with the records sent to the IRS by your employer, you are most likely to be called into account as the IRS gets all the copies such as 1098’s, 1099’s and W-2’s. Hence, it’s always better to file a return on all your taxable income.

Corporate deductions and Personal expenditures

It is always better to keep corporate and personal expenditures at a distance as much as possible because the IRS experts will have all the particulars regarding your family members and are greatly skilled to check the significant purchases made immediately prior to birth dates or anniversaries.

When you get a notice from IRS for State Audit, it evokes a mix of responses and you may get frightened.  If this is the first sales tax audit your business has experienced, your first reaction may be to panic, and wonder why you were chosen.  If you have previous tax audit experience, you may be a bit more relaxed, but the inconvenience and disruption caused by tax audit may have you looking for ways to delay the audit until a better time.

Regardless of your reaction, there are important steps to be taken while preparing for sales tax audit.  There are also serious things for you to avoid as you deal with the tax auditor.  When it comes to sales tax audit preparation, and audit management it is different.  It depends on each business and each state audit and these suggestions need to be evaluated in light of your specific situation and the types of transactions your business conducts.

States Audit

State sales tax audits are conducted for a number of reasons.  First and foremost, the states will tell you that the audit is to make sure that the state sales tax laws are being followed by the businesses.  In reality, the tax audit is a significant and effective way to increase tax collections and state revenue.  Although auditors are not generally evaluated or compensated on the number of audit collections they generate, the unspoken expectation is that they will collect enough unpaid tax to cover a multiple of their salary.  Tax Audits improve state revenue straight through the valuations of tax, interest, and penalties paid by the taxpayer. It will also result in future increased tax payments of the business once the errors have been identified and corrected.

In addition to generating immediate tax revenue, sales tax audits also provide productive and valuable information for future audit leads.  As auditor gathers more information on untaxed purchased made by from out-of-state companies, this information is further evaluated.  This often leads to link inquiry from being sent to these out-of-state businesses that may be audited if it can be proved that they have the connection with the state

Finally, audits provide a very clear picture as to what types of transactions are occurring in the marketplace.  States laws and regulations delay significantly from realities of the marketplace.  As auditors see new sales transactions and new types of products/services being sold that do not neatly fit into the existing tax framework, they often give this data to the tax policy folks.  This will further result in the change of regulations to better define the tax treatment of the transactions.

To sum it up to states audit in order to:

• Collect revenue for the state
• Make sure businesses within the state are collecting sales tax (and in the right amounts)
• Generate future revenue for the state as businesses become compliant
• Find out-of-state trades that may possibly have connection in-state
• Find out what types of transactions are occurring in the marketplace in order to make new tax laws.

Despite of all these things, the first step you need to do is to avail the service of qualified and experienced auditors.  IRS – Audit- Group is a team of Tax Professionals, CPA’s and Enrolled Agents who major in in Tax Audit Representation & Resolution.  Besides the IRS, agencies such as the California State Tax Audit and the Board of Equalization can also inquire about the taxes you filed.  Complete the Audit process with ease and stress-free with IRS AUDIT GROUP.

There are multiple purposes for auditing of any enterprise.  It is mandatory for all publicly listed companies to audit their financial statements, and subsequently make it available to the public.   Audited financial statements can be used for improving internal controls or for assessing the financial position or performance of an entity.  The elements of financial transparency which results out of audit help in establishing a good relationship with investors and the company.

While preparing for an audit, it’s important to set internal controls and policies that are monitored and reviewed by the internal audit team.  The auditing group which performs such audit collects substantial information relevant to the enterprise, and issues statement or opinion about the quality and integrity of the company’s operations and financial status.  During the statutory audit, the auditor has to review the processes and procedures by which the financial information was prepared.  That is, the auditor has to check if the preparation of the company’s financial reports is aligned with GAAP or other applicable reporting frameworks.  Statutory audits underscore the importance of financial reporting in corporate transparency.

There are multiple types of audit as elaborated below;

Financial – Financial audits typically look into the accounting controls present in the general ledger or sub-ledger systems.  Financial statement auditing is the focus of our external auditors.

Operational – Operational audits focus on the review and assessment of a business process.  The activities of the business process may result in a direct or indirect financial impact on the organization.  Internal Audit primarily focuses on operational audits but can extend the scope to include accounting procedures that can impact financial reporting.

Compliance – Compliance audits review the level of compliance with internal policies or external regulatory requirements.

Information Systems – Audits of Information Systems look at the overall infrastructure and network controls that relate to the security of the network and the systems.  Such audit includes technical operations, data center operations, project management procedures, and application controls.

Integrated Audits – Integrated audits look at controls that address financial, operational, compliance and information systems risks.  These audits are typically centered on a business cycle or a specific part of a process.

Auditors protect the public from investing in companies that use corrupt business practices or that attempt to defraud investors with false financial statements.  They also provide assurance to investors and creditors that company funds are handled appropriately.  By reviewing financial statements and digging into accounting records, auditors can determine if the financial statements and records accurately depict the company’s true financial profile.

Source: Pexels

Tax is a compulsory payment or contribution made by citizens of a country to the government for the general benefit of the society in which they live.  We pay taxes at different level viz., federal, corporate, state, and municipal/local governments enact tax laws.

Why taxes are important for economic growth

It is a fact that governments need sustainable funding for social programs, and public investments to promote economic growth and development.  Such programs provide health, education, infrastructure, and other amenities which are important to achieve the common goal of a prosperous, functional and orderly society. Moreover, there is an obligation on the part of the government to maintain the stable economy. Generally, wild fluctuations in prices are harmful to the economy of a country.   Declining prices for example, as witnessed during the Global Financial Crisis, causes depression which leads to a fall in company profits, saving, investments, employment and the Gross Nation Product (GDP).  Conversely, constant rising price creates problems of discouraging savings and further weakens incentives to improve efficiency on the part of entrepreneurs.   In order to support the government program, there is a need to raise revenues from potential sources, and Internal Revenue Service (IRS) is one such agency to manage tax collection.  IRS is the revenue service agency of the federal government and is part of the Bureau of the Department of the Treasury.

Tax collection or payment is not merely a payment against availing public and services.  It is a key ingredient of the social contract between citizens and the country.  By paying tax you are contributing to nation building as well you are creating a record about your financial activities.  This will help you to improve your creditworthiness in order to process your request for financial assistance/loan from public agencies.

Here is a quick glance over how tax payment plan of federal, state, and local governments utilized.

Federal

• Largest national expense is payments to seniors for Social Security.
• The next largest service is defense. That includes support agencies like Homeland Security and the Veterans Administration.
• The third largest service is Medicare. Payroll taxes only cover 60% of these expenses.  Like Social Security, you are paying for services you’ll receive after you turn 65.
• Medicaid is the fourth largest service. You only receive this if your income falls below a certain level.
• Other welfare and government retirement programs.
• All other government agencies include Health and Human Services, Education, and NASA.

State

• The largest state expenditure was for social services, including Medicaid, welfare, and public housing.
• Most of this was for employee retirement, education, transportation, and health and hospitals.

Local

• The largest local expenditure for education and libraries.
• Water and sewer services cost Administration toward retirement, but many cities are underfunded.
• Local government paid police and fire services, transportation, and health and hospitals.
• Welfare and public housing cost and parks.

Conclusion

Taxes ensure that government can build and maintain the necessary infrastructure – education, healthcare, transportation systems – to attract investment and businesses, and thrive in a competitive global economy and allow citizens, residents and businesses to do things together that we could never do on our own.

It’s officially tax season! May not be as exciting as it sounds to some people as they find tax time to be very stressful and overwhelming. Instead of avoiding your responsibilities, get them out of the way ASAP. That way you can sit back and wait for your refund, like many of our clients.

It is especially helpful to have a tax expert by your side so they can communicate with the IRS when necessary. At IRS Audit Group, we offer taxpayers a long list of services to guide them through the tax filing process. We promise every client the quality service and great value they deserve.

As a company that specializes in IRS Audit representation, our skilled, experienced and intelligent lawyers, EAs and CPAs will help you file your tax returns and make sure you will not be audited. When you call or visit IRS Audit Group for a free consultation, you are welcomed by real tax professionals instead of robots attempting to assist you online or by phone.

Once you receive all the necessary information (W-2 forms, receipts, etc.), make sure to sort and organize them so it is easier to handle once you’re ready to file. Then put your trust on our team to submit everything on your behalf! Contact us today to schedule an appointment at one of our locations in California.

While you’re more concerned about avoiding an audit altogether, you should still be prepared in the event that you are faced with an investigation. Overall, your chances are slim, but there is still a possibility of being randomly selected by the Internal Revenue Service (IRS).

If you receive a letter from the IRS, be sure to follow the specific steps listed. Be aware that audits do not begin with an email or phone call – they choose to conduct the audit by mail or in person.

Many business owners simply aren’t aware of what the IRS is looking for and that’s when you can ask “why am I being audited?” That way you can provide them with necessary information that will simplify the process in the long run – especially if they are questioning a small section of your tax return.

They may just need confirmation in which case you’ll need to be prepared to show documentation that supports your claims, including: receipts, bills, canceled checks, legal papers, loan agreements, logs and employment documents.

It helps to have these documents sorted by year or type of expense to expedite the process. Maintaining records can give you the confidence to face the IRS as well. While there is no deadline for completing an audit, accuracy plays a huge factor in speeding – or delaying – the process.

Always remember that you have the following rights:

• The Right to Be Informed
• The Right to Quality Service
• The Right to Pay No More than the Correct Amount of Tax
• The Right to Challenge the IRS’s Position and Be Heard
• The Right to Appeal an IRS Decision in an Independent Forum
• The Right to Finality
• The Right to Privacy
• The Right to Confidentiality
• The Right to Retain Representation
• The Right to a Fair and Just Tax System

It helps to have an expert by your side during this time and during most of your tax-related procedures. The team at IRS Audit Group is familiar with a variety of cases and can help you through the toughest scenarios. Contact us today to schedule a consultation!

According to the Internal Revenue Service (IRS) the tax season will begin Monday, January 29, 2018 and informed taxpayers claiming some tax credits that reimbursements will not be possible before late February.

They will start accepting tax returns on January 29, with approximately 155 million individual tax returns likely to be filed in 2018. The tax deadline will be April 17, 2018 so taxpayers will have two more days to file after April 15, 2018.

Many tax professionals and software companies can accept tax returns before January 29, 2018 and then submit the returns when IRS systems open. Though they accept both electronic and paper tax returns January 29, 2018, paper returns can be processed later in mid of February as system updates continue. The IRS firmly encourages individuals to file their tax returns electronically for faster refunds.

They have set the January 29, 2018 as an opening date to safeguard the security and readiness of key tax processing systems in advance of the opening and to measure the potential impact of tax legislation on 2017 tax returns.

According to law, the IRS is not allowed to issue refunds claiming the Earned Income Tax Credit (EITC) and the Additional Child Tax Credit (ACTC) before mid-February. While the IRS can process the returns when received, it may not issue associated refunds before mid-February. They believe the earliest ACTC/EITC associated refunds to be available in taxpayer bank accounts or on debit cards started on February 27, 2018, if they can choose direct deposit and there is not any concern with the tax returns.

Taxpayers must keep copies of last year’s tax returns for at least 3 years. Those who are utilizing a tax software product for the first time will certainly need their adjusted gross income from their 2016 tax return to file electronically. Taxpayers who are utilizing the same tax software they used last year do not need to enter last year’s data to electronically sign their 2017 tax return. Utilizing an electronic filing PIN is not an option anymore.

An IRS (or State) tax audit may be conducted by mail or through an in-person interview and review of the taxpayer’s records. The interview may be at an IRS office (office audit) or at the taxpayer’s home, place of business, or accountant’s office (field audit).

The IRS will ask you to provide them with a copy of your tax return and additional documentation in order to determine your income and expenses. They typically request bank statements, receipts, general ledger, etc.

The next step may be a request for an interview and a tour of your business which can be stressful for many people. After that, the IRS will issue an audit report explaining which changes they decided to make and what will be the tax and penalties. They will allow you 30 days to respond to this report, if you don’t respond or you disagree they will issue a Final Notice of Deficiency (NOD) that will allow you to file a petition with the tax court.

You can hire the team at IRS Audit Group anytime during this process (it is highly recommended that you call us as soon as you get the first letter). If you miss the deadline and don’t contest the liability, the assessment will become final and the IRS will send you collections letters. Even at this point – years after the audit – the IRS will allow you to prove that the assessment was incorrect.

We will have to file an Audit Reconsideration and ask the IRS to put a hold on all collection while your case in under review. Remember, when filling an Audit Reconsideration you will have to provide the IRS all the documentation to prove that their assessment was incorrect.

We offer a free consultation and will investigate your case free of charge. After reviewing your documentations, we will be able to know what issues you are facing and how much time we will have to devote to your case.

Once we get your power of attorney, we will communicate with the taxing authorities.

We just need your cooperation: We will ask you to provide us with supporting documents (bank statements, invoices etc) which will be organized and sent to the IRS on your behalf.

After getting the final report, we will settle your case (with your written approval). If there is additional tax liability, we will help you with a payment plan. Call or visit us today!

Take advantage of the holiday break to get your paperwork in order before tax season is among us. While we always recommended keeping everything sorted throughout the year, now is the best time to categorize receipts, invoices and all relevant tax forms once again to ensure they are safely stored and organized for when you file.

Keep in mind that the sooner you have everything ready, the quicker the process will be and you can hand it over to our team of professionals to process so you can look forward to your refund. Here are some important things to have handy:

• Personal information, including social security number and bank account information.
• Income history and appropriate forms
• Records of income adjustments
• Tax deduction and payment records
• Updated credit information

As tax preparers, we may or may not have access to certain information and rely on our clients to provide personal data. Once we have all necessary information, it’s easier to process the paperwork and make sure everything is accurate and on time on your behalf. Put your trust in IRS Audit Group to file your 2017 taxes quickly and accurately. Contact us today to schedule a consultation!