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Article: Audit Proof Your Tax Return

By Joseph P. Leverich, CPA

Receiving that ominous letter in the mailbox from the IRS stating that your tax return has been selected for audit, or an error has been found in the return, sends icy cold shivers up your back.

Don’t panic! Here are some practical ways to avoid those dreaded letters from the IRS.

  • File a return that is complete and accurate. It will dramatically reduce your chances of facing the ‘audit lottery’ – the process the IRS submits tax returns to before selecting them for audit.

  • Ensure your tax returns are not missing information you receive from third parties. Sometimes in the rush to pull together information, you forget certain documents such as 1099s, K-1s, or brokerage statements. One of the confusions with these forms is that they are filed at different dates. For example, if you are a partner or limited partner in an investment partnership, the filing deadline is March 15, which means your K-1 won’t be mailed to you until this time. If you miss forms that add
    income to your tax return, you can count on a letter from the IRS adjusting your taxes.

  • Make sure all forms are provided to your CPA. If you have not received a form, some financial institutions have 800 numbers or web access for you to obtain the needed information. Your CPA needs the forms to file your tax return accurately because there are many kinds of dividends – capital gains, life insurance, and stock dividends, just to name a few. Not all are taxable or even taxed the same.

  • Act on IRS notices promptly. Missing forms are usually not the cause of a tax audit, but receiving notices from the IRS because forms are missing can be costly. When an IRS notice is received, your tax return must be reviewed. If the IRS is right, accept the notice, but if they are wrong, disagree with the claim and correct the matter quickly. IRS policy is to charge interest and penalties on amounts of taxes not properly claimed. While the IRS is not always right, it does a great job of matching income filings from third parties – banks, insurance companies, brokerage firms and K-1s from partnerships.

  • Make sure your CPA receives copies of all notices or letters you receive from state or federal taxing authorities. The notice may be minor and have no current tax effect, but it could give you an additional deduction this year – even though the notice was for a prior year.

  • Use the tax organizer to your advantage. Most tax preparing organizations give you a tax organizer with your prior year data as a guideline to help you compile your paperwork. The first part of the organizer is a series of questions on address changes, children over 18 being full time students, IRA rollovers, and others. Many of these do not apply and there is a tendency to overlook these questions. This can cost you money because your tax preparer has to hunt through the information you provided and may miss a tax deduction by not knowing you are still eligible to claim a dependent or have extra deductions apart from your normal expenditures.

  • Effectively communicate with your CPA. When you drop off your taxes, leave a written note of any questions or issues you have, even if you tell your CPA in person. CPAs are busy and sometimes forget verbal instructions or don’t fully write out the item discussed. If you have made a general calculation about your tax results, convey it to your CPA. This information can be compared to your return once it is prepared.

  • Ask your CPA to review your return with you over the phone before it is processed and mailed out. During this conversation, find out if all deductions were fully claimed, how the return compared to prior years, and is there anything you overlooked or should do that might make a difference. This process will help you and your CPA file a complete and accurate tax return.

  • Review what you can do differently to pay less tax. Some suggestions may be keeping more complete records, tracking your mutual fund basis to assure as you sell these investments you report on your tax basis not your original cost, or consolidating brokerage statements to help you track your investments and assure your tax return reports information from all of these. The goal is to make your tax return easier to prepare so you pay the least tax by getting every possible deduction.

  • Lastly, if you are successful, be cautious about investing in “tax motivated investments,” formerly known as tax shelters. Every month, there are articles in business newspapers and magazines about executives who made such investments and are now suing the parties that got them involved. The people selling these “tax dodges” neglect to tell you how heavily they are commissioned, that the IRS is on the lookout for tax avoidance schemes, and that for years you will be involved in correspondence, tax audits and possibly hiring expensive tax lawyers to defend you from legal action. If you lose, not only do you lose the tax deduction and owe the taxes, interest, and penalties, but odds are your investment will vanish too.

By taking an active role with your CPA in making sure your tax return is complete and accurate you will have the satisfaction of knowing you are paying the least tax possible and that you have reduced your chances of the audit lottery.