What Do You Do If the IRS Wants to “Audit” Your Tax Return?

The word “audit” tends to strike fear in the hearts of American taxpayers, but the truth is that not every audit is a result of a problem, or that the Internal Revenue Service suspects you of wrongdoing. There are several reasons why the IRS might want to audit your taxes and financial information, and there are several steps that you can take to make the process as painless as possible. In light of an uptick in identity theft scams involving tax audits and returns, we want to take a moment before delving into this topic to stress that the IRS will never institute an audit process via telephone or email. Taxpayers are always alerted of an upcoming audit by U.S. mail.

Reasons for IRS Audits Though it is certainly true that some audits are generated by irregularities, the IRS can also request an audit to verify the information contained within your tax papers, to correct a simple mistake such as failing to attach a Schedule, or because the individual taxpayer has some kind of involvement with other taxpayers — such as business partners or investors — whose paperwork raised questions. You may even have been selected for audit as a result of a random selection process designed to gauge taxpayer returns to see how they compare to national norms. Different types of audits There are three types of audits conducted by the IRS. In all cases, the taxpayer will be notified of the review by mail.

Correspondence audit – Generally a result of a low-level error or omission, the agency sends out information to the taxpayer referencing the mistake and requesting that revised information be submitted via mail.
Office audit – This type of audit is more intimidating, as it requires the taxpayer to appear at an IRS office, bringing their documentation along with them. These audits are often the result of deductions or credits that are out of the norm, such as an unusually large medical expense deduction for which the agency requires documentation in the form of invoices and payment receipts.
Field audit – The most intrusive of all audits, a field audit involves IRS agents coming to the taxpayer, usually visiting either their place of business or their home in order to review the tax return in detail.

How to prepare for an audit Receiving notice of a tax audit will put a stutter in the step of even the most meticulous and upstanding taxpayer, but the nerves set off by the notice can easily be offset with the knowledge that you’ve kept good records and maintained copies of all pertinent documents. If you haven’t been keeping careful records, understand that in the face of an audit it will be up to you to prove that you deserve whatever deduction you’ve taken, so amend your ways and start keeping well-organized files of all financial statements, invoices, and receipts. Doing so will not only be a substantial help in case of an audit, but it will also be remarkably helpful should you need to assess your business’ health or put together a financial statement for potential investors or when applying for a loan. If you are uncomfortable with addressing the IRS questions on your own, you have the right to be represented by a professional of your choice. That might be a CPA, an attorney, or an enrolled agent. This person or persons can go with you or for you to any face-to-face meetings. There is no requirement that you attend an audit session unless the IRS specifically requests your presence. After the audit is over, you will be provided with a report. If you agree with the contents of the report, you can simply sign it or whatever assenting form the auditor provides to you.

The taxpayer bill of rights You may think yourself at the mercy of the IRS, but Congress enacted a taxpayer bill of rights that specifically outlines the IRS’ tax collecting abilities as well as the protections offered to taxpayers in the face of IRS collections. The taxpayer bill of rights includes:

Right to be Informed
Right to Quality Service
Right to pay no more than the Correct Amount of Tax
Right to Challenge the IRS’s position and be Heard
Right to Appeal an IRS’s decision in an Independent Forum
Right to Finality Right to Privacy
Right to Confidentiality Right to Retain Representation
Right to a Fair and Just system

What if you don’t agree with the audit decision? Knowing that you have rights is nice, but pushing back against the decision of an IRS examiner can feel challenging. If you’ve complied with all of the examiner’s requests and now find yourself with a Revenue Agent Report that you disagree with, there are specific steps that you can take. You can:

Ask for an informal conference with the examiner’s manager before the deadline provided within the report.
Ask for an Appeals conference to occur before the deadline provided within the report.

If you have received a Statutory Notice of Deficiency, you can also file a petition with the tax court.

How to Get Through an Audit There is no shame in being unnerved by an IRS audit, but there are several ways that you can minimize the stress that you feel.

Don’t hesitate to request a postponement if you need time to get your documents together.
Familiarize yourself with your rights
Be honest
Discuss your audit strategies with your Authorized Representative, whether that is your CPA, attorney, or another person. That person will respond directly to the assigned IRS agent.
Don’t try to fake your way through an audit. Have the information that is requested so that you can get through it more quickly.
Don’t hesitate about reaching out to the auditor if you disagree with the examination report that they have produced.
Remember that if you are unable to pay a tax liability or disagree with the auditor’s assessment, negotiation is a possibility.

One of the most important decisions you can make in the face of an audit letter is to work with an experienced tax representative who can help you with both your preparations and your response. For information on the assistance we can provide, contact our office today.

Sun Setting on Home Solar Power Tax Credits

Article Highlights:

Non-Refundable Tax Credit
Other Incentives
Qualifications
Financing
Who Gets the Credit
Credit Timing
Newly Constructed Homes
Batteries

If you have been considering installing a solar electric system on your home and taking advantage of the lucrative federal tax credit, time is running out. Unless Congress extends the credit, it will no longer be available after 2023. The home solar tax credit is a very lucrative non-refundable federal tax credit for 26% (22% in 2023) of the cost of the system with no maximum. So for example, if the solar electric system cost you $20,000 and was placed in service in 2022, your tax credit would be $5,200 (26% of $20,000). A non-refundable tax credit offsets your tax liability, regular and alternative minimum, dollar for dollar, and any excess is added to any credit allowable in the subsequent year. For example, if your 2022 credit was $5,200 and your 2022 tax liability was $4,000, then $4,000 of the credit would go to pay off your 2022 tax liability and the remaining $1,200 would be added to your 2023 solar credit, if any, and used to reduce your 2023 tax liability. Many state and local governments and public utilities also offer incentives, such as rebates and tax credits, for investment in renewable energy property. When deciding whether to make a purchase, you should consider the available incentives and your cost savings for operating the system. Qualifications – To qualify for the credit, the equipment must be installed in a home that is in the U.S. and that you use as your residence. The credit can’t be claimed for equipment that is used to heat a swimming pool or hot tub. If the equipment is used more than 20% for business purposes, only the expenses allocable to non-business use qualify for the credit. The credit covers both the cost of the hardware and the expenses of installing it, such as labor costs for on-site preparation, assembly, and installation of the equipment and for piping or wiring to connect it to your home. You claim the credit in the year in which the installation is completed. If you install the equipment in a newly constructed or reconstructed home, you claim the credit when you move in. Financing – Solar installation companies offer a variety of ways to pay for their systems other than cash. You could take out a loan, and if that loan were secured by your home, generally you would be able to deduct the interest on the loan. Another option is to lease the system, in which case you would not qualify for the solar credit, as the leasing agency would get the credit and the lease payments you make would not be deductible. In addition, for the lease option, you would have to deal with transferring the lease to the new owner should you decide to sell the home before the lease term is up. (This may entail you paying off the lease or the buyer assuming the debt before the sale can be finalized. Some buyers may not want to take on the additional obligation.) Another option is to allow the solar company to install the solar power system and then purchase the electricity from them. You would not be entitled to the solar credit under the latter arrangement. Who Gets the Credit – You need not own the property to qualify for the credit, as you need only be a “resident” of the home. For this credit, the tax code does not specify that an individual must own the home, only that it is the taxpayer’s residence.
Example: Son lives with his mother who owns the home. Son pays to have the solar system installed. The son gets the credit.
Credit Timing – With the credit sunsetting after 2023 the timing of completion becomes critical. For purposes of the home solar credit, timing and treatment of expenditures are treated as made when the original installation is completed, except those expenditures in connection with the construction or reconstruction of a structure are treated as made when the taxpayer’s original use of the constructed or reconstructed structure begins.
Example: The costs of an installation of solar energy property that was started in 2022 but not completed until 2023 will be eligible only for a credit of 22% of the costs on the 2023 return, even though some or all of the costs were paid in 2022 when the credit percentage was 26%.
Newly Constructed Homes – The credit can be taken for newly constructed homes if the costs of the residential energy efficient property can be separated from the home construction and the required certification documents are available. The credit for the identifiable solar expenditures in connection with the construction or reconstruction of a structure are treated as made when the taxpayer’s original use of the constructed or reconstructed structure begins. Batteries – Some areas of the of the country are prone to power outages which would make including batteries for power storage desirable and worth the additional costs. They can be included with the original installation or can be added later and will qualify for the credit. If you already have a solar installation you can add a storage battery and qualify for the solar credit for the cost of the battery at the rate for the year the battery is installed. A battery attached to solar panels qualifies for the credit if it’s charged only by solar energy. If you would like to review your options in more detail, including the tax and other aspects of purchasing a solar system for your home, please give this office a call.

Posted in Tax