Fresh Start Tax LLC A Professional Tax Firm “A” Rated by the Better Business Bureau
Practicing Tax Representation since 1982. Former IRS Agents, Managers and Instructors. We are one of the nations premier tax firms for IRS Tax Audits. We have over 140 years of tax experience.
Fresh Start Tax wants to inform our clients on the issue of ” How far back can IRS go during a IRS Tax Audit.
So, how far back can the IRS go to audit my return?
Generally, the IRS can include returns filed within the last three years in an audit. Additional years can be added if a substantial error is identified. Generally, if a substantial error is identified, the IRS will not go back more than the last six years.
The IRS tries to audit tax returns as soon as possible after they are filed. Accordingly most audits will be of returns filed within the last two years.
If an audit is for an older year, you may be requested to extend the statute of limitations for assessment of your tax return. The statute of limitations limits the time allowed to assess additional tax. The statute of limitations is generally three years after a return is due or was filed, whichever is later. There is also a statute of limitations for making refunds.
If the audit is not resolved and the statute of limitations date is nearing, you may be asked to extend the statute of limitations date. This will allow you additional time to provide further documentation to support your position, request an appeal if you do not agree with the audit results, or to claim a tax refund or credit. It also allows the IRS time to complete the audit and provides time to process the audit results.
You do not have to agree to extend the statute of limitations date. However, if you do not agree, the examiner will be forced to make a determination based upon the information they currently have. Therefore, the examiner may not be able to consider additional adjustments, such as expenses, that could lower the amount of tax due.
The IRS Tax Audit can be a painless process. Call us for a free initial tax consultation.
Fresh Start Tax LLC A Professional Tax Firm Practicing Tax Law with a specialty in IRS Tax Representation. “A” Rated by the BBB
Do not be bullied by an IRS Tax Audit. Fight back with Former IRS Agents, Managers and Tax Instructors. We know all the loopholes.
Doing business in South Florida since 1982. Former IRS Agents and Managers who worked in the South Florida IRS Offices.
We are one of the most experienced tax firms in the South Florida area. We have a former IRS Audit Manager on staff.
The IRS Tax Audit: These are the most common questions asked about IRS audits. Provided by Fresh Start Tax
Does the IRS ever contact a taxpayer or the tax preparer via e-mail to initiate an audit?
The IRS does not contact an individual via e-mail for an initial appointment. Contact related to being selected for an audit will be made via telephone or mail only, due to disclosure requirements.
Does filing an amended return affect the return selection process?
Filing an amended return does not affect the selection process of the original return. However, amended returns also go through a screening process and the amended return may be selected for audit.
Why was my return selected for audit?
When returns are filed, they are compared against “norms” for similar returns. The “norms” are developed from audits of a statistically valid random sample of returns. These returns are selected as part of the National Research Program which the IRS conducts to update return selection information.
The return is next reviewed by an experienced auditor. At this point, the return may be accepted as filed, or if based on the auditor’s experience questionable items are noted, the agent will identify the items noted and the return is forwarded for assignment to an examining group.
Upon assignment to a group, the return is reviewed by the manager. Items considered in assigning a case are: factors particular to the area such as issues pertaining to construction, farming, timber industry, etc. that have specific factors and rules that apply. Based on the review, the manager can accept the return or assign the return to an auditor. The assigned auditor again reviews the return for questionable items and either accepts it as filed or contacts the taxpayer to schedule an appointment.
Where will the audit be held?
It depends on the type of audit being conducted.
Audits by Mail/Correspondence Audit: Some audits are conducted entirely by mail. If the audit is conducted by mail, you will receive a letter from the IRS asking for additional information about certain items shown on the tax return such as income, expenses, and itemized deductions.
In-Person Audits are audits conducted either at a local IRS office or at your business location.
Can you request the audit be conducted at the IRS office instead of at your place of business?
If the audit has been scheduled to be conducted at your location, it will generally be conducted where the books and records are located. Requests to transfer the audit to another location, including an IRS office, will be considered but may not be granted. Treasury Regulation 301.7605-1(e), Time and place of audit, discusses the items considered when a request for a change in location is made.
Can the audit be transferred to another IRS office?
You can request a transfer of an audit if you have moved. Several factors will be considered such as your current location, the location of the business and where the books and records are maintained.
If the audit is by correspondence, you can request a face-to-face audit because the books and records may be too voluminous to mail.
How long should the records related to a business or other long-term asset be kept?
In the case of an asset, records related to the asset should generally be kept for as long as you have the asset plus three years. If the asset was exchanged, the basis for the new asset may include the exchanged asset so the records for both assets will need to be retained until the new asset is disposed plus three years from the file date of the tax return for the year of disposition.
How long should payroll records be kept?
In general, payroll records should be kept for six years with a review of the file to see if any items relating to current employees should be retained with current records.
After an auditor completes the audit, will the case be reviewed to ensure the audit results are correct?
All cases may be reviewed by the auditor’s manager either during the audit or upon completion. If errors are noted by the manager, the auditor will contact you to advise you about the proposed correction and what impact this may have on the amount of tax due.
It’s time for my appointment and I’m not ready. What do I do?
If you do not have all the information requested, contact your auditor at the number reflected in the notification letter to discuss what information is currently available. It may be possible to begin the audit with the information available rather than postpone the appointment. The quicker the audit begins, the quicker it can be resolved. In addition, if the initial appointment is scheduled beyond 45 days from the initial action, managerial approval is required.
How far back can the IRS go to audit my return?
Generally, the IRS can include returns filed within the last three years in an audit. Additional years can be added if a substantial error is identified. Generally, if a substantial error is identified, the IRS will not go back more than the last six years.
The IRS tries to audit tax returns as soon as possible after they are filed. Accordingly most audits will be of returns filed within the last two years.
If an audit is for an older year, you may be requested to extend the statute of limitations for assessment of your tax return. The statute of limitations limits the time allowed to assess additional tax. The statute of limitations is generally three years after a return is due or was filed, whichever is later. There is also a statute of limitations for making refunds.
If the audit is not resolved and the statute of limitations date is nearing, you may be asked to extend the statute of limitations date. This will allow you additional time to provide further documentation to support your position, request an appeal if you do not agree with the audit results, or to claim a tax refund or credit. It also allows the IRS time to complete the audit and provides time to process the audit results.
You do not have to agree to extend the statute of limitations date. However, if you do not agree, the examiner will be forced to make a determination based upon the information they currently have. Therefore, the examiner may not be able to consider additional adjustments, such as expenses, that could lower the amount of tax due.
The IRS Tax Audit can be a painless process. Call us for a free initial tax consultation.
If you are wanting to Settle with the IRS on your tax Debt, make sure you understand the program before you give your money to some tax mill. Many companies advertise “Settle IRS Debt ” to the peril of many taxpayers. You can get ripped off.
The Internet is full of companies saying they can settle for pennies on a dollars, settle your IRS debt , fast and quick settlements. While it is very possible, the odds are stacked up against you.
Many of these companies that advertise pennies on a dollars have a salesperson originally speak to you and size you up. They charge you a huge fee , take out a commission and then pass it on to a third party company or to the corporate headquarters where a person who will work your case has no idea at all what the salesperson told you.
Check the Internet and the number of complaints these companies have against them. The IRS put out a warning last year against these tax mills and the Attorney General is actively pursuing to put these companies out of business.
What to look for in hiring a tax professional firm.
1. Check the BBB listing of the company you want to engage.
2. Check to see if there is a tax professional on staff, a CPA, a Board Certified tax attorney or all three.
3. See how long the company has been in business.
4. Be sure that the company has not changed their name. Many of these tax resolution companies change their name every two years.
5. Speak to the professional that will work your case. See if they know their business. Ask for credentials.
6. Find out how many IRS cases the person working your case has been involved with. How long have they practiced tax law?
7. Ask how many offers or settlements the company has on their record. Has there been a case like yours?
8. Former IRS Agents. Former IRS Agents know all the rules regulations and latest tax changes.
9. Do not be fooled by the initial sales approach. Many claims the salesperson makes when first talking to the salesperson are just hype, so beware.
10. Ask about the fee. Professional companies do not charge a results accomplished fee.
So remember, experience, history, BBB report and by all means hire former IRS Agents.
Fresh Start Tax A Professional Tax Firm A Nationwide “A” Rated Tax Firm by the Better Business Bureau
We have 140 years of professional tax experience and 60 years of working for the IRS. we are Board Certified Tax Attorneys, Lawyers, CPA’s, Former IRS Agents and Managers.
We are licensed and certified by the IRS. Free Consultations.
The IRS requires three specific things to immediately settle your tax debt.
1. All tax returns are filed and up to date. The IRS will not release any tax levies until this happens.
2. They have a current financial statement, 433-F, with documentation to verify its correctness.
3. How you are planning to close your case. The Three options in closing your case are:
a. Hardship Settlements cases usually go into a 3 year suspended status because of an inability to pay. This is also called currently noncollectable. Your case will go into a hardship status because you do not have the income coming in to met your current expenses. The National Standard Test will apply.
b. Payment Agreements are agreed upon monthly installment payments to the IRS.
c. Offer in Compromise.
Three Types of OICs:
The IRS may accept an offer in compromise based on three grounds: 1. Doubt as to Collectibility – Doubt exists that the taxpayer could ever pay the full amount of tax liability owed within the remainder of the statutory period for collection.
2. Doubt as to Liability – A legitimate doubt exists that the assessed tax liability is correct. Possible reasons to submit a doubt as to liability offer include: (1) the examiner made a mistake interpreting the law, (2) the examiner failed to consider the taxpayer’s evidence or (3) the taxpayer has new evidence.
3. Effective Tax Administration – There is no doubt that the tax is correct and there is potential to collect the full amount of the tax owed, but an exceptional circumstance exists that would allow the IRS to consider an OIC.
One of our Board Certified Tax Attorneys, CPA’s, or former IRS Agents, Managers/Instructors at Fresh Start Tax will guide you through this process to get you the best possible results.
Fresh Start Tax LLC is one of the finest professional tax resolutions companies in the nation and our BBB Rating proves it. We have an “A” Rating.
We have been practice tax since 1982.
With 140 years of IRS tax experience and 60 years of working for the IRS, there are few tax firms with the experience of Fresh Start tax LLC.
Fresh Start Tax is one of the premier tax resolution firms in the country. We deal with all types of civil cases including individuals, businesses, non-profits, partnerships and corporations. We have staff that specialize in every facet of IRS representation. We know all the IRS tax strategies because of our extensive IRS working backgrounds. Some of our many specialties include the following:
Immediate Tax Representation
Offers in Compromise/Settlements
Immediate Release of Bank Garnishments or Wage Levies
IRS Notices/Bill of Intent to Levy or Final Notices
Audit proof your tax return with Fresh Start Tax LLC, former IRS Agents, Managers and Instructors pre- screen your tax returns
Generally, most income you receive is considered taxable but there are situations when certain types of income are partially taxed or not taxed at all.
To help taxpayers understand the differences between taxable and non-taxable income, the Internal Revenue Service offers these common examples of items not included as taxable income:
Adoption Expense Reimbursements for qualifying expenses
Child support payments
Gifts, bequests and inheritances
Workers’ compensation benefits
Meals and Lodging for the convenience of your employer
Compensatory Damages awarded for physical injury or physical sickness
Welfare Benefits
Cash Rebates from a dealer or manufacturer
Some income may be taxable under certain circumstances, but not taxable in other situations. Examples of items that may or may not be included in your taxable income are:
Life Insurance If you surrender a life insurance policy for cash, you must include in income any proceeds that are more than the cost of the life insurance policy. Life insurance proceeds, which were paid to you because of the insured person’s death, are not taxable unless the policy was turned over to you for a price.
Scholarship or Fellowship Grant If you are a candidate for a degree, you can exclude amounts you receive as a qualified scholarship or fellowship. Amounts used for room and board do not qualify.
Non-cash Income Taxable income may be in a form other than cash. One example of this is bartering, which is an exchange of property or services. The fair market value of goods and services exchanged is fully taxable and must be included as income on Form 1040 of both parties.
All other items—including income such as wages, salaries, tips and unemployment compensation — are fully taxable and must be included in your income unless it is specifically excluded by law.
