by Fresh Start Tax | Dec 13, 2018 | Tax Help
We are a local tax firm that has been practicing in South Florida since 1982. We are composed of CPAs, former IRS agents, managers, and teaching instructors.
IRS Appeals Experts + IRS Tax Audit, IRS Collection Cases
We are one of the most affordable and experienced professional tax firm in South Florida and dealing with the Internal Revenue Service. We have worked thousands of IRS tax cases since 1982.
You can feel free to come by our office is Skype us or call us for a free initial tax consultation. You will be provided with the very best IRS tax defense for IRS audits, IRS collections, or any appellate work.
We have over 200 years of professional tax experience and over 100 years of working directly for the Internal Revenue Service and the local, district, and regional offices of the Internal Revenue Service.
Our former IRS agents worked as managers and supervisors in the IRS tax audit division and we know every single way imaginable way to provide you the best possible tax defense if you are going through a IRS tax audit.
If you have received a letter from the Internal Revenue Service stating that you are going through an IRS tax audit, contact us today and we will walk you through the process of what to expect and how to prepare the best tax defense.
If you wish to appeal the findings of the local IRS agent, we can provide the best possible appellate tax defense for going forward.
Call us today for a free initial tax consultation and understand why we are considered the best IRS tax audit help the fence in South Florida.
Many people ask us how IRS determines their cases when cases get into the appellate process. below you will find out some of the standards they use in evaluating your case.
IRS Hazards of Litigation.
I am a former IRS agent and teaching instructor. I have over 40 years of experience with the Internal Revenue Service and in private practice. If you need help representation please feel free to call us today.
As a general rule after practicing over 40 years of tax experience, I have found I get a better result going to the appeals division. I feel that you have a more seasoned person looking at the case who is much more able to settle the case based on their years of experience. You will find the Appellate Division much more flexible.
Many times in the local office you do not know what you’re going to get from the field agent working the case. It is a lot easier many times to convince the appeals officer based on certain common senses. Many times a local office will see things black-and-white and the appeals agent sees things in the gray and are quicker to settle cases.
But keep in mind, you cannot have any frivolous arguments, you must have some sort of case before bringing it forward.
If you work a lot of cases that frequently go to appeals you can start building a reputation of a solid practitioner versus a scammer. It is best generally for your client and for your reputation to send solid work to the appeals office.
A LAYMAN’S LOOK AT THE HAZARDS PROCESS
I am attempting here to lay out a layman’s look at the hazards of litigation and what the appellate officer will look at as a case comes their way.
As a general rule, the appellate officer receives the entire case from the collection division or the audit division with all the notes and the entire case file.
Generally, the Appellate Division will get involved in the case from the audit or collection division in which the taxpayer is unsatisfied based on the result of the current field agent working the case and asked for a hearing in the appeals division.
The agent will carefully look at the case and then send out their appointment letter. They want to try to understand the case first before the appointment letters go out.
It is critically important for the practitioner of the taxpayer to respectfully and respond to all-time dated requests. You do not want to do anything to upset the appeals agent and their timelines in the handling of these cases.
Case files sent by the practitioner to appeals should be very organized, well documented and placed in tabs if necessary. Good case appearance is very important to the appellate agent can make their way through the case easily.
IRS management is very time conscious on cases and as a general rule, they do not like having overage cases in their inventory and many times both management and the agents are written up because of poor time management.
The appeals division is there to make a lasting final decision before the case could go to Tax Court.
The appeal officer does not want the case to go to court and they do their best to settle the case if in fact it can be settled on a reasonable basis. However,’s there are certain factors that the IRS appellate agent must consider before settlement.
If the case goes the Tax Court the IRS does not want to lose because it can alter future decisions and this can have a devastating effect on future cases going forward. If they lose the case it looks bad on the appellate agent, the supervisor’s management and the district in which the decision was ruled.
An Example:
The appellate agent looks at the case and based on the facts and circumstances. If feel they have an 8/10 chance of winning the case, many times they can offer an 80% reduction in the total tax. Before the agent sends out a letter offering a reduction, the case is reviewed with their supervisor to make sure this is consistent with the IRS overall goal so it does not affect future cases.
The IRS has certain categories or criteria that they use for the hazards of litigation.
I have put together 11 elements that they use in making their determination about the strength of the weakness of their case. Please remember this is a layman’s view so those reading this blog can understand how the IRS works these hazards of litigation cases.
I have deliberately not gone into any legal detail because this is just a brief overview of hazards.
Hazards of litigation categories
This list contains a majority of factors but not all-encompassing.
1. How would the judge view the facts of this case?
2. How much evidence would this hold inside a courtroom,
3. What is the credibility of the representation and the taxpayer
4. How well is the case been presented to the appeals agent that will be presented in court? Is the case well presented in well representative
5. Can the taxpayer meet the burden of proof effectively to convince the judge
6. If witnesses come into play are they credible and will they testify in such a case, can anything disqualify them
7. Has the taxpayer successfully shifted the burden of proof to IRS
8. Who does the appeals agent based on the aforementioned facts feel the judge will rule in favor of
9. How solid will the presenter of the taxpayer’s case be
10. Can the evidence of the facts be proven
11. Has tax law already existed in this case
What Does the IRM say about these matters
1. The Appeals mission is to resolve tax controversies, without litigation, on a basis which is fair and impartial to both the Government and the taxpayer and in a manner that will enhance voluntary compliance and public confidence in the integrity and efficiency of the Service.
This is Appeals’ general contribution towards achieving the Service mission. (See IRM 1.1.1, IRS Mission and Basic Organization and IRM 1.2.17, Servicewide Policies and Authorities, Policy Statements for the Appeals Process.) In further support of the Service mission, Appeals may defer action on or decline to settle some cases, under Policy Statement 8–47 (described at IRM 1.2.17.1.6), where:
A. required by other Headquarters Office-issued internal management documents, such as those suspending action on cases or those requiring coordination or control of identified matters with widespread impact; or
B. such action would produce a greater positive effect on voluntary compliance than would be derived from settlement or other action on the case.
3. A fair and impartial resolution is one which reflects on an issue-by-issue basis the probable result in event of litigation or one which reflects mutual concessions for the purpose of settlement based on relative strength of the opposing positions where there is substantial uncertainty of the result in event of litigation.
4. It is the experience of Appeals that thorough, reasonable, and objective consideration of all elements of a controversy leads, in a large majority of cases, to the resolution of the controversy on a basis agreeable to both the taxpayer and the Government.
The agreement is not possible in all cases, however. A taxpayer may not agree with Appeals conclusion as to the probable result in event of litigation or to the extent of mutual concessions required where there is substantial uncertainty of litigating result or may prefer to litigate for other reasons.
IRS Appeals Experts + IRS Tax Audit, IRS Collection Cases + Ft. Lauderdale, Miami, Boca Raton, Miami Beach, Palm Beaches
by Fresh Start Tax | Nov 27, 2018 | Tax Help
We have over 200 years of professional tax experience and over 100 years of working directly for the Internal Revenue Service. Since 1982.
We are local South Florida company that have worked out of the IRS South Florida offices. We have worked as former IRS agents, managers, supervisors, revenue officers, revenue agents, appellate agents. We are true experts in the field and one of the premier companies in the South Florida area.
We are true experts when it comes to affordable IRS tax debt relief solutions.
As former IRS agents and managers we know all the systems to provide you affordable, fast and accurate IRS tax relief solutions.
If you owe back taxes to the Internal Revenue Service there are three programs usually available to those who will back taxes.
The Process:
After the Internal Revenue Service reviews a current financial statement that must be fully documented, IRS will want to examine your bank statements and pay stubs to verify all the information. the Internal Revenue Service looks very closely at your income expenses and asset base. IRS applies the national expense standards with that of your income to determine the outcome of your case.
After the review of your financial statement the IRS has the option to put you into a currently not collectible status that may last two or three years, or place you in a payment plan or the possibility of filing an offer in compromise if you qualify based on your assets and income.
It is important to remember that all tax returns must be filed or the Internal Revenue Service will not close your case out.
IRS can use their enforcement power by sending out an IRS bank or wage garnishment levy if you do not follow-up on all dates and final notices.
IRS also has the option of filing a federal tax lien to make sure their interest is secured.
You can call us today for a free initial tax consultation and we will walk you through all the programs based on your current financial condition. We can insure and guarantee the best possible outcome.
With over 200 years of professional tax experience and over 100 years of working directly for the Internal Revenue Service we know every single program , methodology, and every possible way to get you the best possible tax result.
If you need to file your tax returns we can have former IRS agents and managers who worked in the audit division prepare your back tax returns with or without records.
We can make sure you pay the lowest amount allowed by law and if you have no record we can easily reconstruct your tax return and keep them audit proof as well.
Call us today for a free initial tax consultation and hear the truth from the people who truly know the tax business inside and out.
When you call our office, you will speak directly to a true IRS tax expert and not a salesperson. We are A+ rated by the Better Business Bureau and have been in practice since 1982.
There are many companies that say they offer fast and affordable IRS tax relief solutions but what separates us from them our years of experience, our professionalism, our communication and our ability to resolve your case for affordable pricing.
Do not spend any of your money until you at least have talked to us. You will find out the truth from some of the most experienced tax professionals in the industry.
Fast, Affordable IRS Tax Relief Solutions + Get a Free Tax Debt Consultation Now+ Miami, Ft Lauderdale, Boca Raton, Palm Beaches, Pompano Beach
by Fresh Start Tax | Oct 10, 2018 | Tax Help
The Truth about the Offer in Compromise, Former IRS Agent, Michael D. Sullivan
Being a former IRS agent and teaching instructor of the offer in compromise there are so many myths about the program it’s hard to keep up with.
MYTH
The majority of calls that I get or from taxpayers that believe that IRS is going to settle their tax debt because of the ads they see on TV the Internet and various marketing techniques.
While the offer in compromise is a true program offered by the Internal Revenue Service, approximately 32,000 Americans get their offers in compromise approved by Internal Revenue Service because they are true qualified candidates for the program. The majority do not get accepted.
The average settlement is $6500 per case in approximately 32% of all offers in compromise are accepted by the Internal Revenue Service.
Unfortunately there are many IRS debt settlement companies that take cases, make promises and their clients offer have no chance of going through the IRS system to settle their tax debt.
Many of these companies charge thousands of dollars and I hear all the stories as people call me after other companies have failed to perform. I warn any taxpayer who wants to hire a company to speak to the person who will be working their case before giving their money to any IRS debt settlement company. You should find out how many offers they have worked and get a gut feeling about what you think their level of expertise is. I would also suggest that you speak to somebody who’s worked for the Internal Revenue Service and knows the program inside and out.
Everybody should know that the Internal Revenue Service has an offer and compromise pre-qualifier tool and if they do not call a professional company they should walk through the pre-qualifier tool on IRS.gov.
So how does the offer in compromise get process through the Internal Revenue Service.
First of all, a reviewer looks at the offer to make sure the offer can be referred to a revenue officer. The offer in compromise must from a technical standpoint be filled out completely have all signatures and all key elements of the 656 in place.
The reviewer then pulls up a transcript to make sure all the tax returns have been filed. If the offer in compromise is not filled out correctly all tax returns not filed, the reviewer sends it back to the taxpayer.
Once it passes the test of the reviewer, the offer is then passed on to a revenue officer specialist who has been trained by the Internal Revenue Service what to look for and what can be accepted by the Department of treasury.
KEEP IN MIND
The offer in compromise is a binding contract or covenant between the Department of treasury and the taxpayer and is a true legal settlement and document.
Once the revenue officer who is the offer in compromise specialist looks at the financial statement that person will get a general sense of how they feel about the offer in compromise.
A GOOD OFFER TIP
Put a letter or an accompaniment document letting the reviewer know from the beginning why your client or taxpayer needs to have this offer accepted and any extenuating circumstances that may exist.
BIG OFFER TIP
It puts a idea in the mind of the revenue officer of the desperate situation that the taxpayer is going through. The reason this is important is that the revenue officer is only looking at a piece of paper is removed from the reality of the taxpayer.
The job of a true practitioner is to help your client.
So you must make the situation real to the Internal Revenue Service as to understand the effects of the burden of the tax liability.
As a former IRS agent revenue officer I would look at the offer, glanced through, it look at the numbers, look at the written statement and kinda have a feeling about the offer in compromise. It is very important for that initial review to ge well, the IRS offer specialist feel good about working the offer in compromise, it sets the tone.
Please keep in mind it is much easier for a revenue officer offer in compromise specialist to reject the offer in compromise because there is a lot of process work and due diligence that a person must do to accept the offer in compromise.
Not only do you as a revenue officer have to approve the offer but so does your manager, the regional manager and so does the district council of Internal Revenue Service for legal purposes.
Many people ask why this process is so extensive and why so much time is spent.
The answer is quite simple, all offers in compromise that are accepted by the Internal Revenue Service are open to public review for one year at certain regional tax offices so the public can review offers in compromise and see which cases IRS accepts and which cases they do not.
So you can expect the Internal Revenue Service to be very cautious and more importantly use the same standard to accept every single offer in compromise. Appearance is very important to the Internal Revenue Service
Once the revenue officer starts looking at the financial statement they pay a lot of time to three main things:
1. the assets,
2. the income, and,
3. the expenses claimed by the taxpayer.
ASSETS.
The revenue officer wants to make sure that they’re getting their full liquidated value as part of the basis for settlement to Internal Revenue Service.
IRS will discount your residence approximately 20% but IRS generally will never settle for less than full liquidation value of the assets of any taxpayer and/or business.
Also keep in mind assets includes IRAs, pensions, stocks, and values of businesses that the taxpayer may own.
Next the revenue officer will move on to the expenses claimed against income.
The revenue officer will compare the national, regional, and geographical standards of the cost-of-living are in every region of the United States and compare that to the income.
The IRS’s job is to make sure that the taxpayer is living well within their means before they will accept an offer in compromise.
The goal of the Internal Revenue Service is to make sure the taxpayer has to borrow money from third-party to pay the offer in compromise and to settle their tax debt. Any money in possession of the taxpayer in any savings account or checking account generally must be included in the offer in compromise.
( please keep in mind that exceptions exist in certain cases.)
Once the revenue officer is pretty certain that this is a doable or acceptable offer, it puts the offer through a series of financial tests to make sure the documentation on the financial statement is correct.
The IRS agent will spend approximately 20 to 40 hours to work an offer in compromise.
The Agent will do Google searches to check businesses and an individual’s name to find out if there are assets, it will use the accurate search engine to look for back assets, it will pull DMV records, pull courthouse records, and will use other search engines to make sure that this offer can be acceptable by the Internal Revenue Service.’s
One of the great sources that IRS can use is a credit report.
There is a plethora of information on a credit report and on large cases the revenue officer can and will pull a credit report up.
After the revenue officer is convinced this is a doable offer they will package up the case and send it to the manager for review and acceptance .
ANOTHER BONUS TIP
A taxpayer can file as many offers in compromise as they wish. Many times if an offer in compromise is rejected the first time the taxpayer should find out why the offer was rejected fix the errors or problems and resubmit the offer in compromise after a period of time when the problems and issues from the first offer have been resolved. learn your lessons from the first rejection and make them successful the second time around.
What to Do if the Offer is not accepted.
Keep fighting, do not give up!
In almost all cases we send an appeal and to get it to a third party who is not connected with the collection division.
We love the sending cases to and appellate officer who was a better and more balanced person to accept the offer in compromise.
If you have any question about your case or like us to review your offer in compromise or process it call us today for a free initial tax consultation.
You will hear the truth about the offer in compromise.
While there is so much more that I could write and can be included in this short blog these are the basic overviews of the IRS offer in compromise.
Please keep in mind I was a former IRS revenue officer teacher and instructor of the offer in compromise.
by Fresh Start Tax | Oct 9, 2018 | Tax Help
We are a local tax firm that specializes in unpaid back tax help, hear all your options and find out the truth, since 1982, 954-492-0088
If you have unpaid back taxes and you need true affordable professional help call us today. Since 1982 resolving thousands of taxpayer cases.
If you have unpaid back taxes with the Internal Revenue Service and the tax help your various options you have to seek IRS debt relief.
Process:
Before you settle with the Internal Revenue Service they would like to see a current financial statement on IRS form 433a. this is the only version of a financial statement the internal revenue will accept, sometimes they accept a 433F.
After a careful review of your current financial statement and the confirming documents you will submit which will include pay stubs in the last three months bank statements, IRS generally have three buckets of closing your open IRS collection case and settling your tax debt with the Internal Revenue Service. Please keep in mind that IRS will verify everything on your current financial statement.
General methods of closing after that review of your current financial statement IRS will include either placing you into a currently not collectible hardship situation, ask you for a monthly payment agreement or you could possibly qualify for an offer in compromise.
After review of your current financial statement we will make recommendations about the quickest, most affordable way to settle your debt with the Internal Revenue Service.
We have settled thousands of cases. We know the ins and outs of the IRS system.
Thousands of people who are seeking IRS tax debt relief for unpaid taxes have not filed back tax returns and many of them have not filed for years.
Here’s a special note of interest for those people who have not filed back taxes.
MORE THAN 6 YEARS, SPECIAL NOTE:
Some of the things that you need to know from former IRS agents
Being a former IRS and being in the tax resolution business for over 40 years, this is a question that I have been asked hundreds and hundreds of times by taxpayers who have not filed multiple back tax years.
If you need any help in this area contact us today for free initial tax consultation and speak to former IRS agents.
We can file all your back tax returns and workout effective tax settlement. We know all the IRS systems for immediate and permanent IRS tax relief.
IRS Policy Statement 5-133
Delinquent returns—enforcement of filing requirements
Taxpayers failing to file tax returns due will be requested to prepare and file all such returns except in instances where there is an indication that the taxpayer’s failure to file the required return or returns was willful or if there is any other indication of fraud.
All delinquent returns submitted by a taxpayer, whether upon his/her own initiative or at the request of a Service representative, will be accepted.
However, if indications of wilfulness or fraud exist, the special procedures for handling such returns must be followed.
Where it is determined that required returns have not been filed, the extent to which compliance for prior years will be enforced will be determined by reference to factors ensuring compliance and evenhanded administration of staffing and other Service resources.
Factors to be taken into account include, but are not limited to:
prior history of noncompliance,
existence of income from illegal sources,
effect upon voluntary compliance, anticipated revenue, and
collectibility, in relation to the time and effort required to determine tax due.
consideration will also be given any special circumstances existing in the case of a particular taxpayer, class of taxpayer, or industry, or which may be peculiar to the class of tax involved.
Normally, application of the above criteria will result in enforcement of delinquency procedures for not more than six (6) years.
Enforcement beyond such period will not be undertaken without prior managerial approval.
Also, if delinquency procedures are not to be enforced for the full six-year period of delinquency, prior managerial approval must be secured.
PLEASE BEWARE, IRS CAN FILE FOR YOU.
When IRS files your tax return you will pay the highest amount allowed by law.
26 U.S. Code § 6020 – Returns prepared for or executed by Secretary
(a) Preparation of return by Secretary
If any person shall fail to make a return required by this title or by regulations prescribed thereunder, but shall consent to disclose all information necessary for the preparation thereof, then, and in that case, the Secretary may prepare such return, which, being signed by such person, may be received by the Secretary as the return of such person.
(b) Execution of return by Secretary
(1) Authority of Secretary to execute return
If any person fails to make any return required by any internal revenue law or regulation made thereunder at the time prescribed therefore, or makes, willfully or otherwise, a false or fraudulent return, the Secretary shall make such return from his own knowledge and from such information as he can obtain through testimony or otherwise.
(2) Status of returns
Any return so made and subscribed by the Secretary shall be prima facie good and sufficient for all legal purposes
When IRS prepares these tax returns they will allow you single with no exemptions dependence or deductions. You will pay the highest amount allowed by law.
You can undo this process by filing an original tax return in reducing your tax liability.
Don’t be afraid to file your back tax returns.
At some point in time IRS is going to catch up with you and most often it is better for you to contact them before they contact you.
As a former IRS agent you will find that IRS has little mercy on those who have purposely been avoiding filing and paying back taxes.
Contact us today and we can get you back in the system worry free.
So if you have any unfiled, back, delinquent tax returns call us today because we know the system. We are true IRS experts in this matter.
A side note, IRS keeps all records on file for six years. They have IRS source documentation to be able to show all 1099 and W-2 income from third-party sources.
You should also know that IRS can reconstruct your tax returns based on knowing where you lived and how much rent you paid.
Call us today for free initial tax consultation and we will walk through the process if you have unpaid back taxes and need to seek different IRS tax debt options.
Unpaid Back Tax Help + Pay Back IRS Taxes + IRS Help on Debt Relief Options + Miami, Ft.Lauderdale, Boca Raton, Aventura, Palm Beaches + South Florida
by Fresh Start Tax | Sep 19, 2018 | Tax Help
If you are going through an IRS small business tax audit call former IRS agents who know the system since 1982.
Speak to former IRS Audit Agents, 954-492-0088, get the best results.
We are a local South Florida tax firm that specializes in IRS tax defense, tax collection defense, appellate defense and anything related to IRS, federal or state tax representation.
We have been in practice since 1982 and are staffed with a tax attorney, CPAs and a host of former IRS agent employees.
If you are going through an IRS small business tax audit it only makes sense to call former IRS agents, managers and supervisors who know the system that can navigate you and get you the best possible result.
Your tax return gets audited for a variety of reasons in our firm can offer you the best possible tax defense because of our internal knowledge of the system and the years of experience that we have in working these cases.
We can also function if this case needs to go to the IRS appeals offices and/or if you will all money as a result of the tax on we can defend you during the IRS collection process.
We are a full-service firm and you will have on your representation team a former IRS agent and supervisor in the audit division of the Internal Revenue Service.
Why am I being selected for an audit?
Selection for an audit does not always suggest there’s a problem.
The IRS uses several different methods:
• Random selection and computer screening – sometimes returns are selected based solely on a statistical formula.
We compare your tax return against “norms” for similar returns. We develop these “norms” from audits of a statistically valid random sample of returns, as part of the National Research Program the IRS conducts.
The IRS uses this program to update return selection information.
• Related examinations – we may select your returns when they involve issues or transactions with other taxpayers, such as business partners or investors, whose returns were selected for audit.
Next, an experienced auditor reviews the return. They may accept it; or if the auditor notes something questionable, they will identify the items noted and forward the return for assignment to an examining group.
Note: 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. Additionally, a refund is not necessarily a trigger for an audit.
How am I notified?
Should your account be selected for audit, we will notify you by mail. We won’t initiate an audit by telephone.
How will the IRS conduct my audit?
The IRS manages audits either by mail or through an in-person interview to review your 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).
Remember, you will be contacted initially by mail. The IRS will provide all contact information and instructions in the letter you will receive.
If we conduct your audit by mail, our letter will request additional information about certain items shown on the tax return such as income, expenses, and itemized deductions. If you have too many books or records to mail, you can request a face-to-face audit.
The IRS will provide contact information and instructions in the letter you receive.
Depending on the issues in your audit, IRS examiners may use one of these Audit Techniques Guides to assist them. These guides will give you an idea of what to expect.
What do I need to provide?
The IRS will provide you with a written request for the specific documents we want to see. Here’s a listing of records the IRS may request.
The IRS accepts some electronic records that are produced by tax software.
The IRS may request those in lieu of or in addition to other types of records. Contact your auditor to determine what we can accept.
The law requires you to keep all records you used to prepare your tax return – for at least three years from the date the tax return was filed.
How do I know if the IRS received my response?
For any delivery service you may use, always request confirmation that the IRS has received it. For example, if you use the US Postal Service, you can request one of their additional services to ensure delivery confirmation.
What if I need more time to respond?
For audits conducted by mail – fax your written request to the number shown on the IRS letter you received. If you are unable to submit the request by fax, mail your request to the address shown on the IRS letter. We can ordinarily grant you a one-time automatic 30-day extension.
IRS will contact you if we are unable to grant your extension request.
However, if you received a “Notice of Deficiency” by certified mail, we cannot grant additional time for you to submit supporting documentation.
You may continue to work with us to resolve your tax matter, but we cannot extend the time you have to petition the U.S. Tax Court beyond the original 90 days.
For audits conducted by in-person interview – If your audit is being conducted in person, contact the auditor assigned to your audit to request an extension. If necessary, you may contact the auditor’s manager.
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. If we identify a substantial error, we may add additional years.
IRS usually don’t 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 not resolved, we may request extending the statute of limitations for assessment tax.
The statute of limitations limits the time allowed to assess additional tax.
It 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. Extending the statute gives you more 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 gives the IRS time to complete the audit and provides time to process the audit results.
You don’t have to agree to extend the statute of limitations date. However if you don’t agree, the auditor will be forced to make a determination based upon the information provided.
You can find more information about extending a statute of limitations in Publication 1035, Extending the Tax Assessment Period, or from your auditor.
How long does an audit take?
The length varies depending on the type of audit; the complexity of the issues; the availability of information requested; the availability of both parties for scheduling meetings; and your agreement or disagreement with the findings. if you’re going through an IRS tax audit in a revenue agent is reviewing your records those audits can take months.
You really need to have a seasoned IRS tax defense veteran represent you any time you’re dealing with an IRS auditor or revenue agent unless you have absolute pristine records.
What are my rights?
Publication 1, Your Rights as a Taxpayer, explains your rights as a taxpayer as well as the examination, appeal, collection, and refund processes.
These 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.
How does the IRS conclude an audit?
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 you understand and agree with the changes.
• Disagreed: an audit where the IRS has proposed changes and you understand but disagree 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 you owe money, there are several payment options available.
When you call our office we will review the different options available to you in regard to your IRS collection matter. Many people cannot pay the tax adjustment and windup and are currently not collectible or a hardship position while other people’s end up with payment agreements and others file an offer in compromise to settle their tax debt.
Your current financial statement will determine how the Internal Revenue Service foreclosure case and we will review those options if you ever get to that point.
What happens when you disagree with the audit findings?
You can request a conference with an IRS manager. The IRS also offers mediation or you can file an appeal if there is enough time remaining on the statute of limitations.
we can take any case to the IRS the pellet division and in many cases the settlement options are much better than with the regular auditor because they don’t want the cases going to Tax Court.
Call us today for a free tax consultation and speak to a true IRS tax expert regarding any type of IRS audit.
We are experts and specialists in IRS small business audit, revenue agent audits, office audits and mail correspondence audits. We are a local tax firm and available for free consultations at any time. Feel free to visit our South Florida offices.
Expert Help for IRS Small Business Tax Audits + Former IRS Audit Agents
