Mon, May 28, 2012, 5:31 AM EDT - U.S. Markets closed for Memorial Day

Discover Yahoo! With Your Friends

Explore news, videos, and much more based on what your friends are reading and watching. Publish your own activity and retain full control.

To get started, first

YOUR FRIENDS' ACTIVITY

    How to Avoid an IRS Audit

    Fantasy Finance

    Tax season is upon us, with most Americans putting together the materials they need to file their returns, gathering receipts, and searching for other tax deductions to maximize the amount they get back from the federal government.

    But some people go too far in searching for tax advantages. Perhaps they take a deduction that they aren't eligible for, or claim a few extra dollars on a charitable donation. If the IRS begins to suspect that a tax return isn't entirely truthful, the filer might be in for an audit.

    U.S. News recently spoke with two tax experts about how to avoid an audit, red flags that can prompt a second look from the IRS, and what to do if you're targeted by the IRS. According to these experts, while an audit is an unpleasant experience, taxpayers do have rights and can take steps to make the experience more palatable.

    Who gets audited?

    According to Michael Rozbruch, founder and CEO of Tax Resolution Services, few Americans are subject to a second look from the IRS. In fact, audits are one of the few times that having an average salary is an advantage.

    "Only about 1.1 percent of people who file a 1040 [the most common tax return] for the 2010 tax year were audited ... [or] about 1.5 million," says Rozbruch. "However, the audit rate is 12.5 percent for people earning $1 million or more in 2010. This is up by 100 percent from 2009 levels! The IRS is aggressively going after this segment of the population."

    What sets off an audit?

    Karen Reed, director of communications at TaxResouces Incorporated, says audits are most often triggered by the kind and amount of deductions taken. These include "charitable contributions, employee business expenses, and vehicle expenses. Business and rental schedules with high deductions but no reported income are also common audit triggers," Reed says.

    [Also see: How Romney Gives Away 16% of His Income]

    She adds that the IRS is often curious about tax returns that don't appear to support the lifestyle of the person filing the return. "In such cases, the IRS will scour all of the taxpayer's bank accounts looking for unreported income," she says.

    Lastly, simple errors in data input can catch the attention of an IRS inspector.

    "In a recent audit case, for example, the taxpayer added a couple of extra digits to his state income tax withholding and reported a $600,000 deduction instead of $6,000. He had completed his return on the Web and never reviewed it before filing it," Reed says. "It's important to check every item on your tax return. In reporting income and withholding, a mistake in just one digit can lead to disastrous results."

    What do you do if you get audited?

    Both Reed and Rozbruch recommend contacting an expert if an audit is ordered.

    "If the dollar amount of exposure is $20,000 or more, you should retain the services of a certified tax-resolution specialist, who is expert in defending their clients in an audit because they do this day-in, day-out, for a living," Rozbruch says.

    Reed, however, believes a professional should be hired in all audit cases. "The advice we give to everyone is, 'Do not represent yourself in a tax audit,'" she says.

    Are there certain types of write-offs that raise red flags with IRS agents?

    Certain deductions raise alarms with the IRS, Reed says.

    "For example, after widespread fraud was discovered, the IRS audited most taxpayers who claimed the First-Time Homebuyer Credit," Reed says. "The Earned Income Credit and the Adoption Credit are also common audit targets, but these are also credits that are often abused, so it makes sense for the IRS to verify that taxpayers qualify for them."

    However, Reed adds that many Americans actually cheat themselves out of deductions because they fail to keep accurate records.

    "Two common examples are receipts for contributions to charity and mileage logs. When taxpayers try to recreate these expenses, they discover it is hard to remember events that happened more than a year ago," Reed says. "In the absence of good records, the deductions are disallowed when audited."

    [Also see:

    If you're found during an audit to have made mistakes on your taxes, how do you square things with the IRS?

    According to Rozbruch, the best track to take when an audit begins is to attempt to make things right immediately.

    "If mistakes are found during the audit, you can come 'clean' at that time," he says. "If you are aren't going through an audit and want to correct a mistake, you can do so by filing an amended return by filing a 1040X within three years of the originally filed return."

    Reed adds that if the taxpayer is not maliciously trying to cheat the government, the IRS can be lenient.

    "In many cases, the IRS will abate penalties when a strong case can be made that the taxpayer made an innocent mistake," she says, adding that making things right "usually just involves paying the amount owed."

    Twitter: @davidcfrancis



    More From US News & World Report

     
    • Andrew  •  16 days ago
      If you haven't ever been audited then you are very lucky -- I wouldn't wish it on my worst enemy. I've been under the microscope for a couple of mistakes I made in my 2009 return and no matter what I do to try to settle it (point out mistakes made by myself AND the IRS, pay money I believe I owe, file an amended return, answer notices promptly, etc.) the thing just continues to drag on month after month. The two IRS agents I've talked to at the local office were nice people, but the organization as a whole is extraordinarily inefficient and the different departments, offices, etc., don't communicate with one another and lose things you send to them.
    • Jim  •  1 month 25 days ago
      Everyone should pay something....everyone should pay something....everyone should pay something...
      • Nels 1 month 23 days ago
        Top 10% pay 71.22% of Federal income taxes.
        Bottom 47% pay ZERO Federal income tax!!
        ..... Looks like Socialist/Communist redistribution of wealth!!
    • Abdallah  •  Riyadh, Saudi Arabia  •  1 month 20 days ago
      i was wondering when was the last time they audited a illegal alien. scare tactics to keep you american in line.
      • Luiz 1 month 13 days ago
        I have freinds that are illegal aliens and they file every year. They file cuz they went forward to cantact the irs and get a tax id number. Know the facts, before you speak or write!
    • A Yahoo! User  •  Walled Lake, Michigan  •  2 months ago
      Its tough to live in America, it tough to live in America, they tax you to death in American , they tax you to death in america. Sound like West Side Story. They charge 5 dollars for gas in America. You cant get a full time job in America, You cant earn a good wage in america, you money goes nowhere in america , you broke and waiting for an audit in americaaaaaaaaaaaa.
    • l  •  Rochester, Minnesota  •  2 months ago
      The best way to avoid an audit would be to abolish the IRS. Income and property taxes were not supposed to be ways that our founding fathers permitted for taxation. Income tax is equivalent to slavery and property tax is nothing more than renting from the government. Lets see all the ratification papers that passed the 16th amendment.
    • ED  •  2 months ago
      You will likely be audited if your return shows huge losses and small income.
      Or you are self employed and show less than 50% profit on your gross income.
      Or your itemized deductions are more than half your income
      Or you are in a cash business,or many other reasons not covered by the article.
      Even if you are honest you may still be audited due to above scenarios.
      • l 2 months ago
        Your full of sheet on showing 50% profit. Most companies do NOT ever have a 50% profit. Your mistaking selling an item with a 50% profit with a business making a 50% profit. Most businesses have less than a 10% profit and a great profit would be a 30% profit.
      • ED 2 months ago
        Duh i should have been clearer..I meant personal service sch c filers..Of course retailers,wholesalers are rated differently.
        If you sell products, of course your GP is low..but i alluded to the non resellers
    • SERIOUSLY FOLKS!  •  3 months ago
      the best way to avoid an audit is to PAY YOUR FAIR SHARE of TAX
      Stop screwing over the system. People know there is tax on income, so they should pay it or organize to delete the system. Cheating is no different than stealing......and all should no that the effects of theft eventualy trickles down to harm everyone.
      • Domingo 1 month 22 days ago
        yes no yes no yes no can't call it!
      • SERIOUSLY FOLKS! 1 month 4 days ago
        just pay your fair share of taxes and shut up! Anyone who'd screw the system would screw their grandmother......bunch o' freaks!!!!! Don't let me find out who you are or you'll be pulled for audit.
    • Rob  •  Raleigh, North Carolina  •  3 months ago
      IRS will usually not contact you to tell you about a discrepancy with your tax until after 3 yrs. The IRS can go back 7 yrs on your tax returns however the tax payer can only go back 3yrs on the IRS. That way if it turns out that you made a mistake on your return and it turns out that they owe you money they do not have to refund the money to you if it is more than 3 yrs.
      I used to work abroad and relied on my wife to file my taxes for me while I was overseas. One day in 2007, I got a letter from the IRS telling me they did not receive my 2003 tax return and according to their figures I owe them a little over $2000 in taxes and fees. I contacted them and discussed the matter. I sat down and pulled out my records and filled out the 1040, upon completing the return, it turns out that they owed me nearly $2800 refund in over paid taxes. However they told me that they do not have to pay it because it is more than 3yrs past.So the IRS was able to steal $2800 with out penalty or fines.

      How convenient of them to take 4 yrs to contact me to inform me of the discrepancy they have with my taxes. Especially consider I have lived in the same place for 15 yrs. They did it deliberately just in case they might owe money to the tax payer and they wait more than 3 yrs to inform then, then they don't have to refund the money, on the other hand if you owe them money then they can tack on 4 yrs of interest.

      If the table is turned around, they can go back 7yrs on you if you owe them money.

      Upon learning this, I got the a#$ at them and went through my last 3 yrs tax returns from that time and amended each year because all the deductions I could legally take were not always taken such as mortgage interest and property taxes. Upon amending my tax returns and taking all my LEGAL deductions it turned out that not only did they refund my money but I had gotten over a thousand in interest from the money due me.

      Had that occurrence not took place with them contacting me and trying to tell me that I owed them money, instead rather they owed me money because I seldom used to spend alot of time sitting down to read the new tax codes each and every year or deal with a CPA to do my taxes therefore I wouldn't hunt out all the deduction that I'm qualified to take.

      Bottomline with the IRS is if you owe them money they will surely make sure to inform you of what you owe them. If the Government owes you money, they will do absolutely nothing to inform you that according to their records they owe you money. Only way you will recieve money is if you inquire about it, even if they know they owe you money, they will not give unless you ask for the refund.

      Same as any other Government run organizations! They will knowingly cheat you out of money, but when the shoe is on the other foot they do everything they can to threaten up to and including jail time if you cheat them.

      Let me reiterate, You can go back only 3yrs on the Government, however they can go back 7 yrs on you. Tell me the IRS is an equal and fair organization for the people and by the people.
      • Doug 1 month 16 days ago
        The IRS can go back forever if they suspect fraud. There is no statute of limitations on fraud.
    • robert  •  3 months ago
      The actions of the federal government and the IRS are perceived as terrorism. Under the 2nd amendment we are free to defend ourselves from this form of tyranny and theft. You are WELL within your legal right to refuse to pay taxes until the federal government resolves its debt with the nation. Yeah, that's right, the federal government is in debt to the people, not the other way around, like they are trying to fool us into believing.
    • Charles  •  3 months ago
      pay what you owe,you will have no problem
    • Seatrooper  •  Dallas, Texas  •  3 months ago
      To avoid an audit....
      1. Don't work.
      2. Don't fall into the category of "middle class".
      3. Don't use Turbo Tax.
      And for those of you that say "pay what you owe", that doesn't prevent it either. The IRS will ignore other federal policies in order to rake in as much as they can.
    • David Fournier  •  3 months ago
      All you have to do to avoid an audit is become a politician or should I say a crook?
    • Connie  •  Auburn, New York  •  3 months ago
      the IRS can suck my dikc and tax the sperm that comes out
    • Rob  •  Raleigh, North Carolina  •  3 months ago
      Furthermore, Talk about tax payers paying their "FAIR SHARE", not only does the IRS try to hide and conceal all the deductions that a tax payer can legally take, they hide many of the deductions in a 70,000 page tax code. How many tax payers are going to sit down and educate themselves on what all tax deductions they can qualify for. Also notice on the 1040 how they have "amount refund" in non bold letters, nothing for the IRS to get excited about having to refund money, on the other hand they make sure to put in big bold letters "AMOUNT YOU OWE".

      Also on the "FAIR SHARE" topic, How about all the money a tax payer pays into SS so that when they become retiring age, they can collect back some of the money they paid in for the last 50+ yrs they paid into it. How about those folks who died before reaching retirement age, did the money they paid into it get distributed to their beneficiaries of their estate? or did it go to some immigrant that comes here at age 60 never working in this country yet becomes eligible to collect SS when they reach retirement age.

      How about all the education taxes that are paid by people who never have any children or never have their children educated in the public school system. these people pay into the system yet never benefit anything from their hard earned money.

      When my father passed away my mother had to choose either to continue to collect from his SS or from her SS. She contributed somewhere around 36K into SS over the time she worked on and off over the years. On the other hand, by electing to stay on my fathers SS as survivor beneficiary it is figured that she will have to live to be 110 yrs old in order to collect my fathers lifetime contribution and they told her she can only claim one or the other. So in essence that 36K lifetime earning she paid to the Government is kept by the Government and never paid back.

      I do not have the statistics of exact amounts and I highly doubt the Government would want to report to the general public the amount of money they take in for SS and never return to the contributor including the interest the Government earned on that money over 50+ years. Yet they claim that SS is broke, How can they be broke when a large portion they take in over the years is never paid out?
    • Constitutional Freedom Li ...  •  4 months ago
      Every congressman, congresswoman and White House Administration employee from the top down needs to be given a Federal and State Audit. Lets tell them to open their books and see if all honesty exists since they're public servants and employees of the people."
    • THE MASTER  •  4 months ago
      IF all cheaters get audited and put in jails , there won't be anybody left to serve in our government .
    • Kam  •  Salem, Oregon  •  4 months ago
      Creating a simplified tax code would reduce the need for the IRS, tax filing companies and to some extent Congress. Sounds like a win, win.
    • Dralion  •  Pleasanton, California  •  4 months ago
      No job = no money = no taxes = no audit !
    • snafu  •  Charleston, South Carolina  •  4 months ago
      Become secretary of the treasury...
    • RobL  •  4 months ago
      She adds that the IRS is often curious about tax returns that don't appear to support the lifestyle of the person filing the return.

      How does the IRS know what type of lifestyle a person is living??

    RATES

    Stay in touch with Yahoo! Finance

      YAHOO! FINANCE ON TWITTER

    Subscribe

    [X]

    How to subscribe

    Roll over each section to subscribe using Add to My Yahoo! or RSS Feed feeds.

    Yahoo! News offers dozens of RSS feeds you can read in My Yahoo! or using third-party RSS news reader software. Click here to find out more about RSS and how you can use it with Yahoo! News.