15 Ways to Trigger an IRS Audit
Knowing what trips the audit wire doesn't mean you should forego
legitimate deductions, such as those for large medical expenses. But
it does mean you should keep diligent records to back up your
numbers in case the IRS targets you. The IRS uses what's called a
Discriminant Function System (DIF) that assigns a numeric score to
each return to kick out those that are questionable, according to
IRS Publication 556, Examination of Returns, Appeal Rights, and
Claims for Refund.
"If your tax return is selected from DIF, it has received a
high score. This means that there is a high potential for an
examination of your return to result in change to your income tax
liability," the IRS says. If the computer tags you, it may be
because your return contained an item that's often claimed
erroneously or misreported, or your numbers deviate substantially
from the norm. Uncle Sam has three years from the due date of your
return or the day you file it to audit you -- unless you've omitted
more than 25 percent of the reportable income on your return, in
which case he can take up to six years, said Martin Nissenbaum,
national director of personal income tax planning at Ernst &
Young. But if you've committed fraud, the sky's the limit. The IRS
can take a lifetime to hunt you down. 15 ways to trouble
That said, we've asked tax professionals around the country what
items make the IRS perk up. Keep in mind, though, that this list is
by no means exhaustive.
1. This year, donated cars are "on the IRS list of things to
watch out for," said Bill Fleming, director of personal
financial services with Pricewaterhouse Coopers. "The IRS sees
all these billboards -- 'donate your car, get a tax deduction' --
and they figure something's going on." Taxpayers should check
the car's value using a guide such as the Kelley Blue Book, and then
adjust that value based on the condition of the vehicle, such as
excess mileage or body damage, said Roger A. Kahan, a Stoughton,
Mass.-based CPA. A written appraisal is required for cars valued at
more than $5,000.
2. Home-office deductions are a red flag to the IRS, because many
people take them erroneously, experts said. "If the home office
is for convenience, the IRS doesn't allow it," said George
Egan, a Richmond, Calif.-based enrolled agent. For instance,
employees who prefer to work at home but could work at the office
are not eligible, he said. Those who do the majority of their
administrative work from home and who use their home-office space
exclusively for that work (that is, the kids don't play there and no
one uses it as a bedroom) are eligible for the deduction, experts
said.
3. Large charitable contributions may raise an eyebrow. "If you
give 8, 9 10 percent of your income, you're likely to be a
target," Fleming said. For any amount over $250, "you need
a receipt and a thank-you note and the note has to have the magic
words on it: No goods or services were received," Fleming said.
If you don't have the letter and you're audited, the deduction is no
good. The risk of an audit "doesn't mean stop giving. That's
not a good response. Instead, keep your records and your thank-you
note," Fleming said.
4. Hobby or business? Entrepreneurs who claim losses for 2002 may
have their business plan examined. "What the IRS will try to
show is, if you've been in business for 3 or 4 years and haven't
made money, then it's not a business, it's a hobby," said Doug
Stives, a CPA and partner with The Curchin Group in Red Bank, N.J.
One IRS test: Are you having fun? Your business plan, including
marketing activities, must show you're working. "You're not
having fun, you're losing money," Stives said.
5. Claiming capital losses may glean some extra attention, because a
lot of people do it incorrectly. "More than ever, I'm getting
questions (from clients) in the capital loss area," Stives
said. Stock must be sold for a loss to be realized, but some
taxpayers don't realize that. "They're taking massive capital
losses when they didn't even sell anything." Taxpayers are
limited to offsetting capital gains or $3,000 of ordinary income.
"If you claim a loss and there's no report from the broker that
the stock was sold, you're going to get challenged," Stives
said.
6. If you take higher-than-average deductions for, say, medical,
travel or entertainment expenses you might get IRS attention.
"If something looks really odd -- suppose it's a very
significant medical expense because a spouse was in the hospital for
the last 6 months of life -- you want to make sure to retain all the
documents," said Abe Carnow, a Los Angeles-based CPA. And those
who claim entertainment or travel expenses will want to make sure
their business justifies that expense. Said Egan: "People want
to go to seminars. They'll claim a travel expense but there's really
no business value in the seminar."
7. Schedule C always seems to get people, Fleming said. That's
especially true if you have a cash business such as a tavern, since
the potential to fudge numbers is pretty high. So the IRS will be
looking for receipts. If you are in a cash business, it will expect
to see deposit slips corresponding to the amount of income you
report. With a home business, the lines between personal and
business expenses sometimes get blurred. For example, a contractor
who is building a house for a customer may opt to use some of the
materials for his own home remodeling. In that case, the costs of
the materials used on his own home should not be included as part of
his business expenses.
8. People who claim the earned income credit may continue to see
some extra attention. "The IRS got some heat for focusing on
people in lower income brackets, but it's likely they will continue
to look at those who claim the EIC," Nissenbaum said. "The
EIC is a refundable credit -- it's likely they will continue to
focus on that when it looks suspicious or when someone claims a
large credit."
9. The IRS receives copies of all your W-2s, 1099s, 1098s, etc. It
matches its copies against the ones you attach to your tax return,
and ensures that the numbers reported on your return correspond as
well. If they don't match or the forms are not included, expect to
get a notice from Uncle Sam.
10. Not filing on time inevitably will make your return stick out.
So if you're trying to keep a low profile, be sure to file for an
extension if you can't get your return in by April 15.
11. If you happen to be getting an exceptionally large refund, don't
expect Uncle Sam to freely give up the money. He's going to check
and double check to make sure you really deserve all that cash back.
12. Any state and local refunds you may have received must be
accounted for on your federal return, or you can expect to be
contacted by the IRS.
13. Individuals receiving income from a partnership or S corporation
will hear from the IRS if their personal return does not match what
the partnership or corporation reported. "The IRS will compare
the Schedule K-1 to the tax return and notifying taxpayers if
there's a variance," Kahan said. "Last year they sent out
thousands of notices to people ... they said they're going to start
the program again this year."
14. If you have a history of noncompliance, or someone tips the IRS
to your shenanigans, you most likely can expect your return to be
examined.
15. Math errors, incorrect or missing Social Security numbers for
you or your dependents and the lack of required information
inevitably will trigger correspondence from the IRS as well.
Remember that even children less than 1 year old require a social
security number.
Granted, there are worse things than an IRS inquiry. But it could
turn out to be a paperwork headache. So do yourself a favor and get
it right the first time. Be scrupulous and attentive to the details
and hopefully you'll never have to hear from Uncle Sam.