IRS Audit Preparation With Annual Tax Compliance | IRS International Tax Audit Lawyer San Antonio
Hello and welcome to Sherayzen Video Blog. My name is Eugene Sherayzen and I’m an international tax attorney and owner of Sherayzen Law Office, Ltd.
Today, I’m continuing my series of blogs from San Antonio, Texas. In this series of blogs, I discuss issues related to IRS audits. In the previous video, I mentioned that the Inflation Reduction Act provided a humongous sum of money to the IRS to hire new IRS agents to conduct field audits. In fact the IRS said that it has plans to increase its staff by 40,000 people; this is an enormous amount of people. This means that the capacity of the IRS to audit US taxpayers is going to increase manifold.
In the previous video, I also mentioned that it is important for taxpayers to start preparing for an IRS audit before it actually happens. What does it mean to be preparing for an IRS audit? First of all, the preparation for an IRS audit must begin before a tax return is ever submitted, meaning that all tax positions that you are taking should be well documented and even better, if they’re not only documented but also disclosed to the IRS. That is do not take a position, with respect to a tax issue and not disclose it to the IRS. If the IRS later disagrees with you, they may think that you actually did it intentionally or tried to hide something. In this case, in order to avoid this issue, it is better to basically disclose it in a small statement saying, for example, “based on the IRC section internal revenue code, we’re taking the position that this and this and this must happen”. That’s it; a small statement, you don’t have to provide a huge analysis, just disclose it to the IRS either as an IRS audit at that point, the IRS cannot claim willfulness in your approach as long as your position is reasonable of course, based to a degree on certain facts.
Preparation for an IRS audit must happen already when the tax return is being prepared and submitted to the IRS; that’s the first stage.
The second stage is to get supporting documentation, organize it and that means not only getting the bank statements or statements from your broker but it also means getting the statements from third parties in support for your position – that’s the second stage of preparation.
The final stage of the preparation for an IRS audit involves saving all of that information; that is very important. Many people think that once they have prepared everything and put everything together, that it is enough. In reality, there may be years before an IRS audit happens and if you do not have this information, you will not be able to prove to the IRS that you once had it. Please make sure that you safeguard the information related to a possible audit.
In the next video, I will discuss how an IRS audit begins.
Thank you for watching, until the next time.
