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Tempting the tax auditor
It is the most dreaded letter a taxpayer can receive.
Dear
Taxpayer,
Some of the information that you provided to us does not agree
with the information we received from other sources. -- The Internal Revenue Service.
You've just joined an elite club, one whose initiation
ritual is an IRS audit. Unfortunately, you can't refuse membership -- and the
dues could be astronomical.
When the IRS Reform and Restructuring
Act was enacted in 1998, lawmakers ordered the agency to focus more on taxpayer
rights instead of collection activities. Not surprisingly, the number of audits
-- or examinations, as the agency prefers to call them -- dropped dramatically.
The
first year of the kinder, gentler IRS, about one of every 79 tax returns were
audited. By 2003, it was even easier for tax scofflaws; that year, according to
IRS data, only one of every 150 individual taxpayers were audited.
But
the tax times, they are a-changing.
More
audit attention
IRS Commissioner Doug Shulman
says he wants to balance his
agency's enforcement and service
responsibilities. To that
end, he has announced programs
designed to take
into consideration the financial
struggles that many taxpayers
are encountering in today's
economy.
But balance doesn't mean taxpayers are off the hook. The IRS has made it clear it intends to ramp up enforcement among three groups of taxpayers: high-net-worth individuals, U.S. businesses with international operations and large corporations.
Some of those
higher-income individuals
have been under the tax gun
for more than a year as the
IRS has been investigating
accounts held by U.S. taxpayers
in European tax-haven countries
such as Liechtenstein and
Switzerland. In its most recent
effort to get information
on accounts that tax investigators
believe are used to shield
income from U.S. taxes, federal
prosecutors have filed
a lawsuit against Swiss banking
giant UBS to force it
to waive the country's secrecy
rules and release the American
account holder information.
But the rich
and big business aren't the
only targets. Overall in fiscal
year 2008 (Oct. 1, 2007 through
Sept. 30, 2008), the IRS took
a second look at
almost 1.4 million returns.
That's the highest number
of audits since 1998.
There are anecdotal reports that the IRS is paying closer attention to returns that contain large mortgage interest deductions on Schedule A. And if you're a small business person, either as a partnership or a Schedule C filer reporting self-employment income on your personal tax return, make sure you take extra care with your returns.
There's a good
reason for the IRS' increased
interest in small business
filers. Because self-employment
income typically has no verification
mechanism (i.e., the IRS can't
double check much of it in
the way it can verify wage
income via an employer-issued
W-2), tax officials believe
that many small business people
underreport their income.
That will change somewhat
in 2011, when some new third-party
reporting requirements kick
in, but until then, the IRS
will be on guard for any income
overlooked by filers.
Crackdown
to continue
Washington, D.C., lawmakers who once demanded the IRS give taxpayers the benefit of the doubt, are applauding the new aggressive approach.
The reason? Members of Congress are hoping that enhanced enforcement efforts will help close the $345 billion tax gap. That amount, based on 2001 figures, represents the difference between what taxpayers should have paid and what they actually paid. Without some help from additional IRS collections, Capitol Hill faces the politically unsavory prospect of raising taxes.
One of the best ways to avoid ending up in the IRS audit sights, whatever your income level, is to be sure that in your zeal to cut your tax bill you don't send the wrong message on your 1040 form.
What's
the DIF?
"Don't draw any more attention to your return than
you need to," says Robert G. Nath, author of "The Unofficial Guide to
Dealing with the IRS." "Simple, plain-vanilla returns are fairly safe."
| -- Updated: March 17, 2009 |
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