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10 tips to avoid an audit

There's no surefire way to avoid the nightmare millions of taxpayers fear: an IRS audit. But there are a lot of ways to reduce the risk.

By Stacy Johnson Feb 29, 2012 4:25PM

This post is from Brandon Ballenger at partner site Money Talks News.


A couple of years ago, we wrote a story about your odds of being audited by the Internal Revenue Service and concluded most people making less than $200,000 have about a 1% chance.


But that was before the IRS stepped up its game. An update to the IRS' tax gap estimate (the amount of tax liability that is not paid on time) showed a gaping hole of $345 billion in 2001 that widened to $450 billion in 2006, in the most recent computation.


That means the total in unpaid taxes jumped 30% in five years -- and it's probably even higher now. With today's historic deficits, it's not surprising Uncle Sam is looking harder for some cash.


While nobody outside the IRS knows which returns will be under the magnifying glass, there are two things we do know. First, there’s no guaranteed way to avoid an audit, because the government randomly picks thousands of returns every year.


The other thing we know for sure: Certain tax decisions increase the risk of being audited. In the video below, Money Talks News founder and CPA Stacy Johnson offers three tips to avoid receiving a notice from the IRS. Check it out, and look for more advice on the other side. (Post continues after video.)

As Stacy suggests, take the deductions to which you're entitled. An audit doesn't mean you're guilty, or even that the IRS is suspicious -- just that the agency wants a closer look. Good documentation is your best defense, so stay organized and don’t throw anything out until you know you won't need it. The IRS typically has up to three years to audit a return, although it goes back further in some cases. Here’s a recap of the tips you saw in the video, along with a few more:.

  1. Be careful with pros. Many people don’t need to hire a tax professional, because the IRS offers free help for those making less than $50,000 a year. But if you do, choose wisely based on references and credentials. If the IRS suspects a tax preparer is fudging numbers, the agency might audit all his or her clients. 
  2. Business before pleasure. You can, and should, deduct expenses related to a business. Money you spend pursuing a hobby, however, is never deductible. The difference: A business makes money. From the IRS article called Is Your Hobby a For-Profit Endeavor?: "An activity is presumed for profit if it makes a profit in at least three of the last five tax years."
  3. Incorporate. As Stacy mentioned, the self-employed are 10 times more likely to get audited if they file a Schedule C than an S corporation return. The reason is partially explained by a line in this government study: "70% of the sole proprietor tax returns reporting losses had losses that were either fully or partially noncompliant." In other words, people operating a hobby rather than a business are more likely to file a Schedule C.  (Taxes aren’t the only factor in the decision to incorporate. Read How Should You Set Up Your Business? for more options, with pros and cons on each.)
  4. Avoid outsize deductions. Another red flag are deductions that look big compared to your income. For example, charitable donations: In general, the IRS says you can deduct up to half your adjusted gross income. But the rules get complicated, and the more money involved, the more likely an audit becomes. That doesn't mean you shouldn't take all the deductions to which you're entitled -- it just means you should be prepared to back them up.
  5. Take your time. Don’t rush filing your taxes. The more mistakes you make, the more your return sticks out.
  6. Make less. Prolific U.S. bank robber Willie Sutton was credited with saying he robbed banks "because that's where the money is." The IRS has a similar philosophy.  The odds of an audit for incomes over $200,000 jump to about 3%, and for those making more than $1 million, it's about 8%.
  7. Be careful with the earned income credit. The IRS doesn't favor lower-income taxpayers either. Folks who claim the Earned Income Tax Credit can also invite scrutiny. More than 26 million people claimed the EITC last year, leading to $58 billion in refunds. Because the credit is refundable -- meaning the government will  send you a check even if you paid no taxes -- it's ripe for abuse. Definitely take it if you're eligible, but make sure you are.
  8. Report all income. Many people don’t realize income from almost any source is taxable. You won't get caught on stuff like yard sale profits, but you might on gambling winnings. And for stuff that's been reported to the IRS by someone else -- such as investment and self-employment income -- you almost certainly will. Don't assume that because you didn't get a copy, one wasn't filed with the IRS. If your W-2, 1099 or other tax form hasn’t shown up by Feb. 15, call the company that's supposed to be sending it. Still no luck? Call the IRS at 1-800-829-1040.
  9. E-file. It’s true that the IRS uses computers to analyze returns for potential audits. But there's no truth to the urban legend that e-filing increases your risk of audit. In fact, the IRS says the opposite: "E-file benefits include a reduced error rate (1% compared to nearly 20% on a paper return), which means a decreased likelihood of hearing from the IRS." Easier, cheaper, safer, faster refunds -- there’s no good reason not to file electronically.
  10. Be careful with state returns. Federal and state governments communicate, so if you get audited by one, expect to hear from the other. That's a good reason to take just as much care in preparing a state return as the federal one.

An audit isn't the end of the world. The IRS has a video series explaining the whole audit process in detail. Usually an audit involves a polite notice or phone call asking for details about a few numbers on your return. It rarely requires an in-person interview or an agent showing up at your door.

 

If you do get selected for an audit, don’t forget about Form 911. The number might be the IRS' idea of a joke, but the service isn't. The taxpayer advocate service is an independent faction of the IRS that can help people who can’t afford professional representation to work things out.


More from Money Talks News and MSN Money:

VIDEO ON MSN MONEY

7Comments
Apr 9, 2012 4:08AM
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Make less. ...The IRS has a similar philosophy. The odds of an audit for incomes over $200,000 jump to about 3%, and for those making more than $1 million, it's about 8%.

 

Make less?  Is that where we are now?  I'm supposed to make less because of fear of the IRS?  Send people home and say "Come back next January, we're done for 2012?"

 

Absurd.

Apr 9, 2012 9:48AM
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I would also add to this article.  Justify your deductions referencing IRS Rev. Proc.  Get the Section, Paragraph, etc.  If you use IRS Bulletins to substantiate your deductions, the IRS will see that you have done your homework and will probably leave you alone unless there is a big anomaly such as a sudden increase in income or assets over previous years.

 

Revenue Proceedures and IRS Bulletins can be found at IRS.gov.

Apr 16, 2012 12:24PM
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I'm in my 40's, I got audited for the first time.  I used Turbo tax and I claimed the EIC. I filed wrong and now have to pay back a lot of money.  The laws change all the time so what was OK to file or do may not be the next time.  Don't try to save money like I did by using turbo tax, go IN to a place like H&R Block, where you can get questions answered BEFORE, so you know things are right.  Learn from my fail :)
Apr 16, 2012 1:07PM
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Foe the last 2 years my wife and I file o for deuctions from our employment, take the standard 6% match for our 401 and then claim 2 at tax time and still owe money? shouldn't we break even if we are claiming 0?
Apr 20, 2012 12:03PM
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The IRS sent my Tax Return back! AGAIN!!!
....I guess it was because of my response to the question : "List all dependents?"
I replied -
........
  12 million illegal immigrants;
  3 million crack heads;
  42 million unemployable people on food stamps,
  2 million people in over 243 prisons;
  Half of Mexico ; and
  535 fools in the U.S. House and Senate.”

Apparently, this was NOT an acceptable answer.

Apr 16, 2012 2:18PM
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item 7 -  didnt they do away with the earned income credit this year - 2011 returns?
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becareful since 2008 I have been audited and since before that year I have never been audited. HMMMMMMM wonder why I good give a good reason!!!!
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