by Fresh Start Tax | May 17, 2013 | IRS Tax Audit
South Floridians have always wondered how and why they were selected for an IRS Tax Audit. The IRS audits over 1.4 million tax returns annually and taxpayers are fearful of being audited. The answer may seem overly simple, but most people do not have knowledge of the audit process.
Each tax return is issued a DIF Score (Discriminatory Index Function). According to the IRS, a DIF Score “is a mathematical technique used to score income tax returns for examination potential.” This technique establishes the National Average Guidelines. Generally, if a DIF score is above the national average, then the risk of an audit escalates.
The highest scoring tax returns are then forwarded to an IRS Examiner for further review.
So what triggers a high DIF Score? Falling out of the National Average Guidelines in the areas of :
- Charitable Contributions,
- Casualty Losses,
- Home Office,
- and Travel & Entertainment will affect the tax return’s DIF Score.
- High DIF scores
Other audit triggers are unfiled tax returns and failure to file the FBAR (Foreign Bank and Financial Account) Form.
How DIF Actually Works
To arrive at the DIF score for each tax return, the IRS computer identifies returns by assigning weights and certain basic tax return characteristics. These weights are added together to obtain a systemic composite score for all tax returns. That score is used to rank all returns into numerical sequence.
The highest scores are then manually reviewed by IRS Agents at the Service Centers to determine the merit and worthiness of a Tax Audit.
Since each return is manually reviewed, if you have an unusually high deduction, attach a copy of the bill, receipt and an explanation to the return. Those extra steps will probably prevent that tax return from the dreaded IRS Tax Audit.
The number of audits performed annually is also determined by the IRS Annual Budget and Agent availability, region by region.
According to the 2013 Proposed Budget, the IRS has increased appropriations again to increase resources for the Enforcement Division. This includes investigations, examinations and collections.
Other Reasons why IRS selected your tax return for an IRS audit
1. High income.
If your income is $200,000.00 and over; the audit rate will be one-in-twenty seven of being audited. If your income is $1,000,000.00 or more, the audit rate will be one-in-eight of being audited. This is just a fact of life.
2. Failing to report all of your taxable income.
The IRS receives copies of all 1099′s, W-2′s, W-2G’s and K-1′s that you receive. If the income from the 1099′s, W-2′s, W2G’s and K-1′s are not shown on the tax return, the tax return will be audited.
3. Deducting the home office deduction.
The space used in your home must be used “exclusively and regularly” as your principal place of business. “Exclusive use” means that a specific area of the home is used only for trade or business. If you can prove the home office deduction, then take it. If you can’t prove it, don’t take it.
4. Deducting large charitable contributions.
If your charitable deductions are large compared with your income, the return will be audited. The IRS is aware of what the average charitable donation is for a given income level. If you have donated and deducted a conservation easement to a charity, chances are good that you will be audited.
5. Deducting rental losses.
Normally, the passive loss rules prevent rental losses from being deducted. There are two exceptions, if you actively participate in the renting of your property, you can deduct up to $25,000.00 of the loss against your other income; but this $25,000.00 limitation phases out as adjusted gross income exceeds $100,000.00. The second exception applies to real estate professionals who spend more that 50% of their working hours and 750 or more hours each year materially participating in reals as a developer, broker, landlord or the like. The IRS will be requesting that you prove the required hours, especially if are a full time employee.
6. Deducting business meals, travel and entertainment.
The IRS has specific record keeping requirements for these type of deductions. The IRS is aware that many taxpayers overstate these type of deductions.
7. Deducting losses from a hobby activity.
If you treat your favorite hobby as a business on your tax return with a net loss, you have a good chance of being audited. If you are audited, you will need to prove that your activity is a profit making activity and not a costly hobby. So make sure that you run your activity in a businesslike manner and can substantiate your expenses with supporting documents.
8. Running a cash business.
If you are in a cash-intensive business, like taxis, car washes, bars , hair salons, restaurants, you will be audited. The IRS is aware that individuals who primarily receive cash, don’t report all of their taxable income. The IRS has various audit techniques to determine unreported cash income.
9. Failing to report a foreign bank account.
If you fail to report a foreign bank, you will be assessed large penalties. If you have any signature authority over a foreign bank account, you will need to consult with a tax professional to determine the correct reporting requirements for that account.
10. Engaging in currency transactions.
If you are engaged in cash transactions in excess of $10,000.00, the IRS will receive reports of these transactions from the financial institutions. Further, if you engage in suspicious cash activities, the IRS will receive a “suspicious-activity report” from the various financial institutions.
These transactions usually indicate that the the taxpayer is trying to hide income from the IRS. Try to avoid these type of transactions.
We are a local South Florida tax firm comprised of tax attorneys, certified public accountants, enrolled agents and former IRS agents, managers and tax instructors who have over 60 years of combined work experience at the Internal Revenue Service in the local South Florida offices.
We have worked as IRS audit agents, revenue agents, IRS audit managers and supervisors and lastly IRS appellate agents.
We know every aspect of IRS tax audits and we are true local experts that can handle tax audits of any kind.
We have been in private practice since 1982 right here in South Florida and have an A+ rating by the Better Business Bureau. We are available for free tax consultations and we can fully review your case and give you the various options and methods of resolution. We truly are IRS tax audit experts.
by Fresh Start Tax | May 16, 2013 | IRS Tax Audit
Miami, Ft.Lauderdale – Experienced IRS Tax Audit Firm – IRS Experts, Problems/Matters, Former IRS 954-492-0088
Visit our office for a no cost professional IRS Tax Audit Consultation.
If you have received a notice or letter from the Internal Revenue Service indicating that they may proceeding with an IRS tax audit call us today and speak to seasoned and experienced tax professionals who have handled hundreds of IRS tax audits right here in South Florida.
We have been in private practice right here in South Florida since 1982. We not only have worked in the local South Florida IRS offices but we have been engaged in client representation for close to 40 years. We completely understand the landscape of the local South Florida IRS offices and agents.
We are comprised of tax attorneys, IRS tax lawyers certified public accountants, enrolled agents, and former IRS agents, managers and supervisors.
While employed at the Internal Revenue Service we taught tax law.
We have over 60 years of direct work experience in the local South Florida IRS offices are familiar with all the procedures, all the protocols, and all the settlement strategies to get you the very very best results possible during an IRS tax audit.
Should you wind up owing any money as a result of your IRS tax audit we will be able to take the case to appeals and reach a tax settlement with the Internal Revenue Service.
Do not let a IRS notice or letter from indicating your tax audit worry, scare or bring anxiety to your life.
Being former IRS agents we understand the stress that this causes people so it only makes sense to hand this off to skilled tax professionals who’ve been practicing their craft since 1982.
We are A+ rated by the Better Business Bureau and are the affordable and trustworthy tax firm in South Florida. come by and visit our office does today for a free initial tax consultation. We want to make this process is easy and seamless for you as we possibly can.
What happens if I lost or have few Tax Record for my Audit
Many taxpayers come to us and have few tax records for their IRS audit and many have actually lost their tax records or they have been destroyed for various reasons. If that is the case, do not have any fear or worry because we can help you reconstruct those tax records so you can still take advantage of the deductions and expenses that you were so entitled to.
What is the scope of a IRS tax audit?
An IRS audit is a review,examination of an organization’s or individual’s accounts and financial information to ensure information is being reported correctly, according to the tax laws, to verify the amount of tax reported is accurate. In many cases IRS tax audits can finish up with no changes being made to your tax return.
If you want more information please read IRS Publication 556, Examination of Returns, Appeal Rights and Claims for Refund explains the audit process in more detail.
IRS Tax Audit Selection
Selecting a return for audit does not always suggest that an error has been made.
Tax Returns are selected using a variety of methods, including:
1. Random selection and computer screening – sometimes returns are selected based solely on a statistical formula.
2.Document matching – when payor records, such as Forms W-2 or Form 1099, don’t match the information reported. Over 1.4 million tax returns are audited every year as a result of mismatched reporting
3. Related examinations – returns may be selected for audit when they involve issues or transactions with other taxpayers, such as business partners or investors, whose returns were selected for audit.
What are the IRS Tax Audit Methods
An 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 tell you what records are needed. Audits can result in no changes or changes. Any proposed changes to your return will be explained.
Many times if you are represented by a tax professional the IRS tax audit will happen in the office of the tax professional. It is never advised that an IRS audit take place in a taxpayer’s home or place of business.
The IRS Tax Audit Notification
Should your account be selected for audit, you will be notified in two ways:
1. By mail, or
2. By telephone, Generally the IRS auditor responsible for your case will make the telephone call.
In the case of a telephone contact, the IRS will still send a letter confirming the audit. E-mail notification is not used by the IRS. If you ever receive an email notification from the Internal Revenue Service you should immediately contact the IRS letting them know of this contact because they are usually sent by criminals or scam artists.
Your Rights During an IRS Tax Audit
Publication 1, Your Rights as a Taxpayer, explains your rights as a taxpayer as well as the examination, appeal, collection, and refund processes.
These taxpayers rights include:
1. A right to professional and courteous treatment by IRS employees.
2.A right to privacy and confidentiality about tax matters.
3. A right to know why the IRS is asking for information, how the IRS will use it and what will happen if the requested information is not provided.
4. A right to representation, by oneself or an authorized representative.
5.A right to appeal disagreements, both within the IRS and before the courts.
What is the normal IRS Tax Audit Length
The length of each audit varies depending on the type of audit, the complexity of items being reviewed, the availability of information being requested, the availability of both parties for scheduling of meetings and your agreement or disagreement with the findings. As a general rule office audits are usually one or two day audits.
In the case of field audits they can last anywhere from two days to one year depending on the scope or complexity of the IRS tax audit. You want to make sure that you give all the information to the Internal Revenue Service that they need. In many cases the IRS can tell when the taxpayer is skirting the issues because the taxpayers lack of cooperation. By all means make sure you are cooperative with the IRS agent because they ultimately have your case in their hands and they can smell when something isn’t right.
Tax Records you may need to bring to a IRS Tax audit
You will be provided with a written request for specific documents needed. The Internal Revenue Service will always send out a detailed list of all the documents they need to close their tax audit. You should always understand that that audit list could be expanded as the audit continues.
The law requires you to retain records used to prepare your return. Those records generally should be kept for three years from the date the tax return was filed.
The IRS does accept some electronic records. If records are kept electronically, the IRS may request those in lieu of or in addition to other types of records.
Contact your auditor to determine what can be accepted to ensure a software program is compatible with the IRS’s.
IRS Tax Audit Determinations
An audit can be concluded in three ways:
1. No change: an audit in which you have substantiated all of the items being reviewed and results in no changes.
2.Agreed: an audit where the IRS proposed changes and the taxpayer understands and agrees with the changes.
3.Disagreed: an audit where the IRS has proposed changes and the taxpayer understands, but disagrees with the changes.
What Happens When You Agree With the Tax Audit Findings?
If you agree with the audit findings, you will be asked to sign the examination report or a similar form depending upon the type of audit conducted.
If money is owed, there are several payment options available. Publication 594, The IRS Collection process, explains the collection process in detail.
If you are going to go money to the Internal Revenue Service three options will exist to deal or settle your case with the Internal Revenue Service.
Based on your current financial statement the IRS will either place you into a currently not collectible status, ask you to make monthly installment payments or advise you that you are a tax settlement candidate.
What Happens When You DISAGREE with the Audit Findings?
A conference with a manager may be requested for further review of the issue or issues. In addition, Fast Track Mediation or an Appeal request may be filed.
Many of the different departments within IRS are responsible for making decisions concerning the application of tax law to various taxpayer issues. In some cases, agreement on these decisions, or determinations, cannot be reached. In other words, the taxpayer does not agree with the determination.
This is where Appeals comes in.
Appeals is independent of any other IRS office and serves as an informal administrative forum for any taxpayer who disagrees with an IRS determination. Appeals provides a venue where disagreements concerning the application of tax law can be resolved on a fair and impartial basis for both the taxpayer and the government.
The mission of Appeals is to settle tax disagreements without having to go to the Courts and a formal trial.
Miami, Ft.Lauderdale – Experienced IRS Tax Audit Firm – IRS Experts, Problems/Matters, Former IRS
by Fresh Start Tax | May 16, 2013 | IRS Tax Audit
Received Notice/Letter IRS Tax Audit – Experienced Audit Representation, Former IRS, Ft.Lauderdale, Miami 954-492-0088
If you have received a notice or letter from the Internal Revenue Service indicating that they may proceeding with an IRS tax audit call us today and speak to seasoned and experienced tax professionals who have handled hundreds of IRS tax audits right here in South Florida.
We are comprised of tax attorneys, certified public accountants, enrolled agents, and former IRS agents and managers.
We have over 60 years of direct work experience in the local South Florida IRS offices are familiar with all the procedures, all the protocols, and all the settlement strategies to get you the very very best results possible during an IRS tax audit.
Should you wind up owing any money as a result of your IRS tax audit we will be able to take the case to appeals and reach a tax settlement with the Internal Revenue Service.
Do not let a IRS notice or letter from indicating your tax audit worry, scare or bring anxiety to your life.
Being former IRS agents we understand the stress that this causes people so it only makes sense to hand this off to skilled tax professionals who’ve been practicing their craft since 1982.
We are A+ rated by the Better Business Bureau and are the affordable and trustworthy tax firm in South Florida.
Received an IRS Notice/ Letter for a IRS Tax Audit, Here are some Facts
What is the scope of a IRS tax audit?
An IRS audit is a review/examination of an organization’s or individual’s accounts and financial information to ensure information is being reported correctly, according to the tax laws, to verify the amount of tax reported is accurate.
IRS Publication 556, Examination of Returns, Appeal Rights and Claims for Refund explains the audit process in more detail.
IRS Tax Audit Selection
Selecting a return for audit does not always suggest that an error has been made.
Tax Returns are selected using a variety of methods, including:
- Random selection and computer screening – sometimes returns are selected based solely on a statistical formula.
- Document matching – when payor records, such as Forms W-2 or Form 1099, don’t match the information reported.
- Related examinations – returns may be selected for audit when they involve issues or transactions with other taxpayers, such as business partners or investors, whose returns were selected for audit.
IRS Tax Audit Methods
An 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 tell you what records are needed. Audits can result in no changes or changes. Any proposed changes to your return will be explained. Many times if you are represented by a tax professional the IRS tax audit will happen in the office of the tax professional.
The IRS Tax Audit Notification
Should your account be selected for audit, you will be notified in two ways:
In the case of a telephone contact, the IRS will still send a letter confirming the audit. E-mail notification is not used by the IRS. If you ever receive an email notification from the Internal Revenue Service you should immediately contact the IRS letting them know of this contact because they are usually sent by criminals or scam artists.
Your Rights During an IRS Tax Audit
Publication 1, Your Rights as a Taxpayer, explains your rights as a taxpayer as well as the examination, appeal, collection, and refund processes.
These taxpayers rights include:
- A right to professional and courteous treatment by IRS employees.
- A right to privacy and confidentiality about tax matters.
- A right to know why the IRS is asking for information, how the IRS will use it and what will happen if the requested information is not provided.
- A right to representation, by oneself or an authorized representative.
- A right to appeal disagreements, both within the IRS and before the courts.
IRS Tax Audit Length
The length of each audit varies depending on the type of audit, the complexity of items being reviewed, the availability of information being requested, the availability of both parties for scheduling of meetings and your agreement or disagreement with the findings. As a general rule office audits are usually one or two day audits. In the case of field audits they can last anywhere from two days to one year depending on the scope or complexity of the IRS tax audit.
Tax Records you may need to bring
You will be provided with a written request for specific documents needed. The Internal Revenue Service will always send out a detailed list of all the documents they need to close their tax audit. You should always understand that that audit list could be expanded as the audit continues.
The law requires you to retain records used to prepare your return. Those records generally should be kept for three years from the date the tax return was filed.
The IRS does accept some electronic records. If records are kept electronically, the IRS may request those in lieu of or in addition to other types of records.
Contact your auditor to determine what can be accepted to ensure a software program is compatible with the IRS’s.
IRS Tax Audit Determinations
An audit can be concluded in three ways:
- No change: an audit in which you have substantiated all of the items being reviewed and results in no changes.
- Agreed: an audit where the IRS proposed changes and the taxpayer understands and agrees with the changes.
- Disagreed: an audit where the IRS has proposed changes and the taxpayer understands, but disagrees with the changes.
What Happens When You AGREE With The Audit Findings?
If you agree with the audit findings, you will be asked to sign the examination report or a similar form depending upon the type of audit conducted.
If money is owed, there are several payment options available. Publication 594, The IRS Collection process, explains the collection process in detail.
If you are going to go money to the Internal Revenue Service three options will exist to deal or settle your case with the Internal Revenue Service.
Based on your current financial statement the IRS will either place you into a currently not collectible status, ask you to make monthly installment payments or advise you that you are a tax settlement candidate.
What Happens When You DISAGREE with the Audit Findings?
A conference with a manager may be requested for further review of the issue or issues. In addition, Fast Track Mediation or an Appeal request may be filed.
Received Notice/Letter IRS Tax Audit – Experienced Audit Representation, Former IRS, Ft.Lauderdale, Miami
by Fresh Start Tax | Apr 24, 2013 | Sales Tax
Sales Tax Audits – Sales Tax Experts, Affordable – Ft.Lauderdale, Miami, Palm Beaches 954-492-0088
If you have been notified that State of Florida Department of Revenue is conducting a sales tax audit contact us today for expert sales tax defense.
We have over 206 years of professional tax experience in over 60 years of working directly for government agencies right here in South Florida. We are true tax experts.
We are comprised of tax attorneys, certified public accountants, former IRS agents and managers. We are tax experts in sales tax audits.
You can contact us today for an initial tax consultation. We will review your case and give you an expert opinion on how to proceed forward on your sales tax audit.
The best advice that we give our clients is not to get too worried.
Due to our years of experience we can handle the situations without fear or worry for clients.
So, Why Are Taxpayers Audited by the State of Florida?
The State of Florida conducts Sales Tax Audits for many reasons. Some of them are to:
1. Enforce Florida tax laws uniformly.
2. Deter tax evasion.
3. Promote voluntary compliance.
4. Educate taxpayers.
While the State of Florida accept most tax returns as filed, they audit some returns to verify accuracy and evaluate compliance. The state of Florida runs different compliance programs to make sure different industries are in check and paying their share of sales tax.
Sales Tax Audits do not always result in the taxpayer owing additional tax, penalty or interest. The sales tax auditor may adjust a credit carryover or correct distribution without assessing additional tax. The auditor may even determine that a refund is due.
How Are Taxpayers Selected for Audit?
The methods for selecting a business or individual to audit vary from tax to tax and from industry to industry. Management for sales tax runs a variety of programs based on geographic territories and compliance programs especially in area where they feel negligence is apparent. At the end of every year the state of Florida sets out its goal and mission for the following year and make sure there is an equal weight of sales tax audits among all companies and types of businesses throughout the state of Florida.
Here are some examples of sources we use to identify a potential Sales Tax audit candidate:
a. Internal Revenue Service information.
b. Information sharing programs with other states and state agencies.
c. Computer-based random selection.
d. Analysis of Florida tax return information.
e. Business publications, periodicals, journals, and directories.
What Types of Records Will I Need to Provide?
When we notify you of our intent to audit, we will also tell you what records you will need to provide. Sometimes the auditor may ask a few records and other times you will find a voluminous amount of records will be requested by the sales tax auditor.
The types of records may include, but are not limited to:
a. General ledgers and journals
b. Cash receipt and disbursement journals
c. Purchase and sales journals
d. Sales tax exemption or resale certificates
e. Florida tax returns
f. Federal tax returns
g. Depreciation schedules
h. Property records
i. Other documentation to verify amounts entered on tax returns
You must keep your records for three years since an audit can extend back that far. The Department may audit for periods longer than three years if you did not file, or filed a substantially incorrect return or payment.
What Are My Rights During an Audit?
The Florida Taxpayer’s Bill of Rights provides protection for taxpayers’ privacy and assets during their interactions with Revenue employees.
Your Taxpayers rights include:
1. The right to fair treatment.
2. The right to get available information and prompt, accurate responses to your questions.
3. The right to have the Department begin and complete its audit in a timely manner after we notify you of our intent to audit.
4. The right to get simple, nontechnical statements which explain the reason for audit selection and the procedures, remedies, and rights available during audit, appeals, and collection proceedings.
Communicating and Meeting Deadlines
Throughout the audit process, communication is vital. It is important for the taxpayer never to miss a compliance date whatsoever. Should you miss a date the state has the ability to set the tax deficiencies.
After we send you a Notice of Intent to Audit Books and Records, the auditor will work with you to set a date to begin the audit.
The auditor will give you deadlines for providing information or documentation.
If you need additional time to prepare, or need to request a delay for other reasons, contact the auditor.
If you fail to respond to the Auditor Request
The auditor will make every effort to accommodate your requests. If you fail to respond or provide the requested information, we may issue an assessment and file a warrant based on the best available information.
Can I Request Technical Assistance During the Audit?
When there are transactions or issues for which the tax consequences are questionable, you may ask for a written statement of our position any time during the audit.
Our office of Technical Assistance and Dispute Resolution will issue a Technical Assistance Advisement (TAA), which is binding on the Department.
We encourage you to use our Tax Law Library to research the issue before requesting technical assistance.
What Happens When the Audit is Complete?
After your audit is complete, you can review the audit findings and proposed changes to your tax liability. The auditor will give you a copy of the work papers and explain your rights, including deadlines for filing protests.
If you agree with the findings of the sales tax audit
If you agree with the audit findings, we expect you to pay the amount due in full. You have the right to protest the proposed changes if you disagree with them.
Self-Audit/Self-Analysis
The Department uses self-audit or self-analysis projects to educate taxpayers on issues related to a particular compliance problem or industry. We send selected taxpayers information about a specific tax or issue, user-friendly instructions, and simple worksheets.
We ask them to review the materials, complete the worksheets, calculate any additional tax due, and return the paperwork to us with payment. The auditor has limited contact with the taxpayer and does not visit the taxpayer’s location. The Department usually accepts the taxpayer’s responses.
However, participation in a self-audit/self-analysis does not exempt the taxpayer from further audit review of the same time period.
Sales Tax Audits – Sales Tax Experts, Affordable – Ft.Lauderdale, Miami, Palm Beaches
by Fresh Start Tax | Apr 11, 2013 | Tax Help
Business, Corporate Tax Problems – Tax Attorneys, CPA’s- Ft.Lauderdale, Miami, Palm Beaches 954-492-0088
We can resolve all Federal and State Tax Problems.
To best resolve any business or corporate tax problem you is to speak directly to former IRS agents and managers systems, procedures, and settlement formulas to end your problems.
If you are having any business or corporate tax problems and you need professional tax help contact us today for free initial tax consultation.
You can speak directly to tax attorneys, certified public accountants or former IRS agents, managers or tax instructors.
We have over 206 years of professional tax experience and over 60 years of working directly for the Internal Revenue Service in the local South Florida IRS offices.
We have worked as IRS agents, managers, supervisors, appeals agents and instructors who taught tax law in the regional tax offices.
We are tax experts in all areas of both business and corporate tax problems. When you contact us we will offer an array of solutions and options to end any problem and return your business or corporate life back to normal.
We handle all state and federal tax manners. We are experts in Business and Corporate Tax Problems and Resolutions.
Our Company Resume: ( Since 1982 )
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Our staff has collectively over 205 years of Professional IRS Tax Representation Experience
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On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents,
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We taught Tax Law in the IRS Regional Training Center
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Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
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Highest Rating by the Better Business Bureau “A” Plus
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Fast, affordable, and economical
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Areas of Professional Tax Practice:
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IRS Tax Audits
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IRS Hardships Cases or Unable to Pay
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Payment Plans, Installment Agreements, Structured agreements
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State Sales Tax Cases
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Filing Late, Back, Unfiled Tax Returns
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Tax Return Reconstruction if Tax Records are lost or destroyed
Business, Corporate Tax Problems – Tax Attorneys, CPA’s- Ft.Lauderdale, Miami, Palm Beaches
