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IRS Audit Representation Services

IRS Audit Representation Services

IRS Audit Representation Services

April 15, 2024

An IRS audit can be a stressful and overwhelming experience for many individuals and businesses. The thought of facing the IRS alone can be daunting, especially if you are not familiar with the tax laws and regulations. That is where IRS tax audit representation services come in. These services provide individuals and businesses with professional representation during an audit, helping to ensure that their rights are protected and their best interests are represented.

In this article, we will discuss the benefits of IRS tax audit representation services, how to choose the right representation service, what to expect during an audit, and why having professional representation is crucial to a successful outcome. Whether you are facing an audit or just want to be prepared in case of an audit in the future, this article will provide you with the information you need to make informed decisions about your representation options.

What is an IRS audit?

According to the IRS website, "an Internal Revenue Service audit is a review/examination of an organization's or individual's accounts and financial information to ensure information is reported correctly according to the tax laws and to verify the reported amount of tax is correct."

Why am I being selected for an IRS audit?

Even though we hear that most IRS audits are selected at random, we can tell you that most of the IRS audits that we have seen are the result of red flags such as unreported income, income that does not match 1099s and W-2s, not reporting a foreign bank account, too many deductions, incomplete income tax return and even for not filing tax returns. The IRS selects taxpayers for audits based on various factors on tax returns, including deductions that are higher than average or income levels that appear unusually low. The IRS also uses a scoring system to select taxpayers for audit purposes. This system assigns points to certain items on your tax return and if the total score is high enough, you may be selected for an audit.

  1. Tax Tips: filing an amended return does not affect the chances of being audited. However, amended returns go through a rigid process.
  2. Tax Tips: the fact that your return was selected for an audit, does not mean that you committed a crime. Most of the time, the IRS is just verifying your numbers.

What are my rights during the IRS audit?

You have certain taxpayers' rights when it comes to being audited. These include the right to be informed of the reason for the audit, the right to receive a copy of your audit file, and the right to appeal any decisions or assessments made by the IRS. You also have the right to professional representation during an audit. This is where Internal Revenue Service audit representation services come in.

What are IRS audit representation services?

IRS audit representation is a service in which a qualified CPA or Tax Attorney stands on behalf of a taxpayer before the IRS, assisting the taxpayers with the compilation of requested documents, correspondence, and IRS meetings, and assisting necessary during the IRS audit. According to the Bill of Rights, taxpayers have the right to retain an authorized representative of their choice to represent them in their dealings with the IRS. The representative of your choice will help you understand the audit process, answer any questions you may have, and ensure that your rights are protected throughout the process. They can also provide advice on how to best approach the audit and strategies for dealing with difficult issues.

Having professional representation during an audit is highly recommended, even if you feel confident in your ability to handle the process. An experienced tax attorney or certified public accountant can help navigate the complexities of the audit and ensure that your best interests are being represented.

Who can represent you in an IRS audit?

Taxpayers have the right to represent themselves during an IRS audit, but many choose to hire a tax professional or attorney to assist them. The following individuals are authorized to represent taxpayers during an IRS Audit:

  1. Enrolled Agents (EAs): EAs are tax professionals whom the IRS licenses to represent taxpayers in all matters, including audits, appeals, and collections. They must pass a rigorous three-part examination and complete ongoing education requirements.
  2. Certified Public Accountants (CPAs): CPAs are licensed by state boards of accountancy and can provide a range of accounting and tax services, including representation during an IRS audit, representing taxpayers in tax court, and negotiating settlements with the IRS.
  3. Attorneys: Attorneys licensed to practice law in their state can represent taxpayers during an IRS audit. They can provide legal advice, represent taxpayers in court, and negotiate settlements with the IRS.

It is important to note that not all tax professionals are authorized to represent taxpayers in front of the IRS. For example, tax preparers who are not CPAs enrolled agents, or tax attorneys can only represent taxpayers in limited circumstances, such as preparing and filing taxes.

Benefits of IRS Tax Audit Representation Services

IRS tax audit representation services provide individuals and businesses with many benefits. These services can help to ensure that your rights are protected during an audit, that you are not paying more than you owe, and that your best interests are represented. Some of the benefits of IRS tax audit representation services include:

  1. Professional expertise: Tax audit representation services are provided by professionals with expertise in tax laws and regulations. These professionals understand the audit process and know how to navigate it effectively.
  2. Time-saving: IRS audits can be time-consuming, and having a professional represent you can help to save time. A representative can handle much of the paperwork and communication with the IRS, allowing you to focus on other important tasks.
  3. Stress reduction: Audits can be stressful and overwhelming, and having a professional represent you can help to reduce that stress. Your representative can handle communication with the IRS, leaving you with peace of mind.

How to choose an IRS tax audit representation service provider:

Choosing the right IRS tax audit representation service is crucial to a successful outcome. When choosing a representation service, there are several factors to consider, including:

  1. Experience: Look for a representation service with experience in tax law and audit representation. Ask for references and check their credentials.
  2. Cost: Representation services can be expensive, so it's important to understand the costs upfront. Ask about fees and billing practices.
  3. Communication: Choose a representative who communicates well and is responsive to your needs. You want someone who will keep you informed throughout the audit process.

The IRS audit process

The IRS audit process is the examination of an individual's or business's tax return by the Internal Revenue Service (IRS) to verify that income, expenses, and credits are accurately reported. The audit process can be initiated in several ways, including through correspondence, in-person meetings, and field audits.

Correspondence IRS audits

Correspondence audits are the most common type of audit and involve the IRS sending a letter requesting additional information or clarification on certain items on the tax return. These audits typically focus on specific issues and can often be resolved by mailing in the requested documentation.

In-person IRS audits

In-person audits are less common but can be more complex. These audits involve a meeting between the taxpayer and an IRS agent at an IRS office, the taxpayer's home, or their place of business. During the meeting, the agent will ask questions and request additional documentation to verify the accuracy of the tax return.

Field IRS audits

Field audits are the most comprehensive type of audit and typically occur for larger businesses or individuals with complex tax situations. During a field audit, an IRS agent will visit the taxpayer's place of business or home to conduct a thorough examination of their financial records and documentation.

What to do during an audit process?

  1. Review the Audit Notice: The first step is to carefully review the notice of the audit and understand what specific issues the IRS is examining. This information will help you gather the necessary documentation and prepare a defense strategy.
  2. Organize Your Records: Organizing your financial records and documentation is crucial in an audit. Ensure that you have all the necessary receipts, invoices, and bank statements for the year under audit. Keep these records organized and easily accessible.
  3. Be Honest: Honesty is crucial in an audit. Be truthful in your responses to the IRS's questions and do not hide any information. Lying to the IRS can lead to serious penalties and fines and even prison.
  4. Be Timely: Respond promptly to all requests from the IRS and meet all deadlines. Failure to respond or submit requested information on time can result in penalties and further scrutiny from the IRS.
  5. Be Professional: Conduct yourself professionally and courteously during the audit. Avoid becoming defensive or argumentative, and instead focus on presenting your case and providing the necessary documentation.

Tax Tips: The IRS will notify you by mail of the IRS audit. The IRS won't initiate an audit by telephone nor they will send you an email.

What documents do I need to provide during the IRS audit?

During an IRS audit, you will need to provide financial documents that support the information on your tax return. This includes bank statements, receipts, and other records related to income or deductions taken on your return. It is important to have all of this information ready before the audit takes place as it could delay the audit process if it is not available. Additionally, if you are using a professional representation service, they may need additional documentation to provide an effective defense.

Tax Tips: By law, you are required to keep all records used for the preparation of your tax return for seven years. Here's a listing of records the IRS may request.

How long does an audit take?

The length of an audit process can vary depending on the complexity of your return and the information requested by the IRS. Generally, a correspondence audit takes a tax period of approximately two to three months to complete while an in-person audit may take up to six months or more.

Common issues that may arise during an audit

Common issues or tax disputes that may arise during an audit include discrepancies between reported income and expenses, inadequate documentation to support claims, differences in reporting methods, failure to report certain types of income, errors in computing taxes owed or refunds due, miscalculations or misapplied credits and deductions, or other non-compliance with applicable federal tax laws. Auditors may also request more information to verify accuracy or investigate potential fraud.

What happens at the end of an IRS audit?

At the end of an IRS audit, you and an authorized representative will receive a report detailing the results of the audit. The report will contain information about any errors that were discovered, whether any taxes or penalties are owed, and what action is required to correct any discrepancies. Depending on the outcome of the audit, you may be able to resolve any issues without paying additional taxes, or you may be required to pay additional amounts. In either case, it is important to have a qualified representative on your side to ensure that you understand the results and know how to proceed.

What happens when you agree with the audit findings?

When you agree with the audit findings, it is important to review the details of the report and acknowledge that you are making any changes or corrections as requested. Depending on the situation, payment of any taxes or penalties may be required at this time. If payment of the proposed tax adjustment amount is not required immediately, it will generally need to be paid by a specified date to avoid any additional penalties or interest charges. It is also important to keep all paperwork related to the audit to have a record of the changes and corrections made.

What happens when you disagree with the audit findings?

If you disagree with the audit findings, you may be able to dispute the results and negotiate a settlement or compromise with the IRS. Depending on the circumstances, this process can take several months or even longer. It is also possible to appeal the decision to a higher level in the IRS, although this appeals process also must be done within a specified period.

The IRS audit appeal process

If you disagree with the results of an IRS audit, you have the right to appeal the decision. The IRS appeal process is a way for taxpayers to seek an independent review of their case by someone who has not been involved in the original audit. This review can result in a settlement, eliminating the need for further action or going to court.

  1. The appeal process begins by requesting an appeal conference with an Appeals Officer. This request must be made within the timeframe outlined in the audit results letter, which is usually within 30 days. The request must be in writing and should include the reasons for the disagreement with the audit findings.
  2. Once the request is received, the IRS will schedule an appeal conference with an Appeals Officer who has not been involved in the original audit. The Appeals Officer will review the taxpayer's case and may request additional information or documentation.
  3. During the appeal conference, the taxpayer and the Appeals Officer will discuss the case and try to reach a settlement agreement. If an agreement is reached, the Appeals Officer will issue a settlement letter outlining the terms of the agreement. If an agreement is not reached, the taxpayer may choose to continue the appeal process through litigation or mediation.
  4. Once all of the information has been reviewed, an appeals officer will issue a final decision or settlement offer. If you agree with the settlement offer, you must sign a closing agreement in order to resolve the matter.
  5. If you disagree with the appeals conference decision or settlement offer, you may be able to take your case up to the Tax Court.

Tax Tips: It is important to note that not all cases are eligible for appeal. For example, cases that involve criminal investigations, frivolous arguments, or certain penalties may not be eligible.

How much does IRS audit representation cost?

The cost of IRS audit representation depends on the complexity of your situation and the type of services you require. Most tax professionals charge hourly rates for IRS audits, and fees may range from a few thousand to several thousand dollars, depending on your needs. Additionally, there may be costs associated with filing documents or obtaining transcripts from the IRS, which can add to the total cost. The average flat fee that we have seen for IRS audit representation ranges between $5,000 to $12,500.

When you file your tax with Tax Planning done with LeRumbaTax.com, we will represent you for free because we stand behind our work 100%. LeRumbaTax.com tax experts have been preparing returns for years and they know how to minimize the risk of an IRS audit. In addition, if you cannot pay for representation, the Low-Income Taxpayer Clinics (LITCs) represent low-income taxpayers before the Internal Revenue Service, assist taxpayers in audits, appeals, and collection disputes, and can help taxpayers respond to IRS notices and correct account problems.

Conclusion

An IRS tax audit is a stressful experience, especially for those who do not have the proper representation. It is important to be aware of your rights and to take action quickly to ensure that you receive fair and accurate treatment from the IRS. Having a qualified tax professional on your side can make all the difference in obtaining a favorable outcome from an IRS audit. With the right IRS tax representative, such as tax attorneys or CPAs you can minimize your exposure to penalties and fines and ensure that all of your paperwork is handled properly. Not only will this make the process easier, but it can also save you a substantial amount of money in the long run.

How we can help you

At LeRumbaTax.com, we have a team of experienced tax professionals who can represent you as a tax audit representative. Our tax experts can assist you in understanding the reason for the audit, compile the requested documents, talk and negotiate with the government, appeal the decision, and find you the best resolution. 

In Summary

IRS Audit Representation is a service where a tax or legal professional stands in on behalf of a taxpayer during an Internal Revenue Service (IRS or state income tax audit. If you’re facing an audit, here’s what you need to know:

1) Why Are Audits Conducted?

Audits are conducted to ensure that tax information is reported correctly according to the tax laws and to verify the accuracy of reported tax amounts.

Selection for an audit doesn’t always indicate a problem. The IRS uses various methods, including random selection, computer screening, and related examinations, to choose returns for audit.

2) Notification and Process:

You’ll be notified by mail if your account is selected for an audit. The IRS won’t initiate an audit by telephone.

Audits can be managed by mail or through in-person interviews (office or field audits).

During a mail audit, you’ll receive a letter requesting additional information about items on your tax return.

If you have many records, you can request a face-to-face audit.

3) Your Rights:

You have the right to represent yourself during an audit, but it’s rare for someone to be qualified unless they’re an expert in tax law.

Alternatively, you can hire a tax professional for audit representation to guide you through the process and advocate on your behalf.

Remember, an audit doesn’t necessarily mean wrongdoing; it’s a standard procedure to ensure tax compliance. If you need assistance, consider seeking professional representation.