» Avoid an Audit

Avoid an Audit

Reduce the chances of an audit by avoiding these typical audit-triggering tax moves.
By: 
Vanessa Drucker
Issue Date: 
February 2006

Many taxpayers open any correspondence from the IRS with trembling fingers, fearing it might be a dreaded audit notice. How can you avoid such fears? The first step is to make sure that you're filling out all of the forms properly. But here are some other ways to help avoid audit triggers.

1. Matching. Your revenues must equal or surpass the amounts on the total of the 1099 forms you receive. The IRS matches your return with all income attributed to your Social Security number. Next, be ready to explain any and all bank statement income. "Auditors will start by asking for your bank statements," says Roger Rainey, a CPA in Plano, Texas. "Those documents tell the story." (The IRS even notices whether filers' ZIP codes are located in expensive neighborhoods.)

If your revenues are low, be particularly careful when you take substantial deductions. One of Rainey's clients triggered an audit by taking a Section 179 deduction for the purchase of six trucks during a low income year. "Make sure you follow the rules to the letter," Rainey says. "Auditors may start by focusing on a particular item, but that can easily run into other areas."

2. Apportioning Expenses. Construction projects often straddle two or more tax years. Should you recognize income and expenses proportionately, or wait until completion? It will depend on whether you have chosen a cash or accrual method of accounting, but in either case you must be consistent. Do not yield to the temptation of taking expenses now, if you wait until next year to account for revenues.

Perhaps you have made substantial improvements on a property you intend to sell next year. Suppose you gutted an old house, sheet rocked the floors, painted, plumbed, rewired, and installed new doors and windows. You must capitalize those expenses as an inventory item on your books, until the house actually sells. The IRS takes a dim view of contractors who argue that they prefer to take the expenses sooner, with a view to recognizing a large gain on the eventual sale. They will usually have to amend their returns, an expensive nuisance.

3. Contract Labor. If you use contract labor, be sure to file 1099's for anyone whom you pay more than $600. Suppose you claim $10,000 in total. Have you hired at least 20 individuals? "That's easy for the IRS to check out," Rainey says.

4. Home Office. Taxpayers often believe taking a home office deduction serves as a red flag for an audit. "It's not true that you are more likely to be audited for claiming a home office deduction on Form 8829," Rainey says. But make sure you meet the requirement that you regularly use part of your home exclusively for your business. You must not perform any other domestic activities in the designated office space, such as leisure activities.

If you do get audited, it may be helpful to hire a CPA, rather than face the stress and worry. That way, you need not meet directly with the auditors, and your CPA can gain time for a second round of information gathering as necessary. Set up a meeting as soon as possible with your accountant or advisor to give yourself ample time to prepare.


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Common Mistakes

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The most common errors made on tax returns is forgetting to sign it, according to the Internal Revenue Service (IRS). Unfortunately, most errors are discovered during processing, which means interest, penalties and possibly additional tax assessed for the taxpayer. To prevent errors, the IRS urges tax preparers to carefully review all return for accuracy and completeness prior to filing. Here are common errors, courtesy of AccountingWEB.com.

On Form 2553—Election by a Small Business Corporation:

  • Not filing before the 16th of the third month of the tax year in which the election is to take effect.
  • Incorrect or missing Employer Identification Number (EIN).
  • Missing Number of Shares on Schedule L, Form 2553.
  • Missing the "Dates Acquired" section on Schedule L, Form 2553.
  • Missing or invalid effective date on Line E, Form 2553.
  • Missing information in Part II, Form 2553 when the selected tax year is other than a December 31 year-end, or 52-53-week tax year ending in December.
  • Filing Form 2553 to elect S-Corporation status for a Limited Liability Company (LLC) without first filing Form 8832 electing to have the LLC treated as an association taxable as a
    corporation.
  • Filing Form 2553 for a corporation intending to be a qualified subchapter S subsidiary (Q Sub) when Form 8869 should be filed for this purpose.
  • Form 2553 is received pursuant to Revenue Procedure Guidance, but does not include all documentation required by the procedural guidelines.

Instructions for filing Form 2553 can be found online at the IRS Web site.

On Form 1120—U.S. Corporation Income Tax Return:

  • North American Industry Classification System (NAICS) code is incorrect or missing, or the Principal Business Activity (PBA) is still being used.
  • Schedule L, Balance Sheet is missing or incomplete.
  • Return not placed in proper sequence order per Form 1120 instructions.
  • No explanation for short tax period.
  • Use of an individual's name instead of the corporate entity name.
  • Controlled Group information Page 3, Lines 1 and 2 is incomplete.
  • Taxpayer includes unnecessary blank form or schedules with the return.
  • Form 1120A filed for taxpayers with Gross Income exceeding $500,000 or are otherwise ineligible for filing 1120A.
  • Form 851 is missing or incomplete, if necessary, for a consolidated return.

Directions for corporations required to e-file for tax year 2005 and guidance on e-file waivers for corporations unable to meet e-filing requirements can be found online at the IRS Web site.

On Form 941—Employer's Quarterly Federal Tax Return:

  • Entity information, including the name and address, is illegible and/or incomplete.
  • Schedule B, Supplemental Record of Federal Tax Liability is not completed.
  • Multiple tax periods on one Form 941.
  • No tax period marked on Form 941.
  • Line entries not identifiable.
  • Same entry repeated on lines 3 and 7d.
  • Form 941 C not included when necessary.
  • Form 941, Line 8 not complete.

Source: AccountingWEB.com

*Note: This content is for informational purposes only. Lowe's makes no warranties and bears no liability for use of this information. The information is not intended, and should not be construed, as legal, tax or investment advice, or a legal opinion. Always contact your legal, tax and/or financial advisors to help answer questions about your business's specific situation or needs prior to taking any action based upon this information.