IRS Audit Rules
The Internal Revenue Service collects federal taxes and ensures that taxpayers pay what they owe. The IRS audits individuals and businesses to ensure that they are accurate, complete and fair. The IRS' power is not unlimited, however. Taxpayers can and should appeal an audit decision if they feel the IRS is mistaken once an audit is complete.
Scope of Audit
If a taxpayer files a new tax return before an of prior tax returns is completed, the IRS can audit that tax return as well as former tax returns being audited, according to Nolo.com, a legal website. If a taxpayer is in the midst of an audit when April 15 approaches, Nolo advises filing for an extension until Aug. 15 to protect the return from being audited.
Time Period
IRS rules require an audit to be completed within 28 months of the date the tax return was filed. Most of the time, the IRS will complete audits within 20 months to allow time for taxpayers to appeal a ruling. If the audit is not completed within the time limit, it expires and the IRS cannot pursue the matter further.
Reasons for Audit
The IRS can audit your tax return because of discrepancies between amounts on your W-2 or 1099 and amounts reported on your tax return. The IRS can also audit your return due to computerized flagging of your return or in order to conduct market research on how taxpayers handle a particular tax issue such as a specific tax credit.
Representation
Taxpayers have the legal right to representation when being audited by the IRS. Attorneys and enrolled agents (tax specialists licensed to appear before the IRS) can represent the taxpayer during an audit hearing. Taxpayers must fill out Form 2848 to authorize representatives to speak on their behalf before the IRS. Taxpayers must fill out this form even if they authorized a representative to receive information about potential audits when they filed their taxes.
Right to Appeal
Once the IRS has examined your records, it determines whether any changes are needed to the taxpayer's liability for audited returns. If the audit takes place in an IRS office, the taxpayer can immediately appeal by asking to see the auditor's supervisor. If the audit does not take place in an IRS office or the taxpayer does not agree with the auditor's supervisor, the taxpayer has the right to appeal the decision. The IRS auditor writes a report stating his findings and forwards it to the appropriate department, which then re-examines the taxpayer's records and returns.
Audit Rules for Churches
The IRS can only audit churches if it has reason to believe the church is claiming a religious tax exemption when it is not a religious organization or that it is not reporting income from business activities unrelated to its religious purposes.
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