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Reduce Your Risk of an IRS Audit
By Patricia E. Mohr, March 2005
[From SHRM’s Consultants
Forum]
Think your tax return is safe from an IRS examination?
Think again: Self-employed individuals are more likely to face
an audit than most corporate taxpayers.
In 2002, the Internal Revenue Service’s compliance division
examined 3 percent of the tax returns that reported less than
$25,000 in profit from a sole proprietorship. That compares
with the 0.87 percent of corporate returns earning less than
$5 million audited the same year.
The reason? Sole proprietorships are an easy target for
auditors, mostly because the tax laws governing them are so
complex. Also, the IRS has identified several schemes that
encourage taxpayers to deduct personal expenses as business
expenditures. So auditors pay close attention to small
business operations that could double as artificial tax
write-offs.
The threat of an audit and all it comes with—additional
taxes, interest and penalties, and criminal prosecution—should
be enough to make anyone err on the side of caution, but it
doesn’t pay to be overly cautious. Don’t let fear of an audit
deter you from taking legitimate tax deductions. In most
cases, deductions are legal as long as you have a profit
motive you can prove.
Hopefully, you’ll never have to prove the claims you make
on your tax return. The six steps discussed below can help you
ward off an auditor’s suspicious eye.
• Make quarterly tax payments. Taxpayers rack up
the highest amount of penalties by forgetting to pay
estimated tax payments. Unless your clients withhold taxes
for you from your bill or you expect to owe less than $1,000
for the year, you need to file Form 1040-ES, Estimated Tax
for Individuals, and pay income taxes four times a year.
In addition, the government requires self-employed
individuals to pay self-employment taxes to the Social
Security and Medicare trust funds. The IRS closely monitors
worker classification to ensure that all independent
contractors earning at least $400 in a year pay
self-employment tax. You have to comply even if you are
already receiving retirement benefits.
• Neatness and accuracy count. Most IRS
assessments happen because taxpayers make simple mistakes,
omit relevant forms or fail to answer all the questions.
These omissions are easy to correct and usually do not incur
penalties. Still, it’s best to correct them before you
receive an assessment notice.
If you do not use a
computerized tax-filing program, use a typewriter or print
neatly to ensure the IRS can read your return. When
reporting your figures, use the exact numbers. The IRS will
question your honesty if you have too many round numbers on
your return.
• Check for inconsistencies. Always double-check
the math. Inaccurate figures will incur interest and
penalties, so it pays to audit your own return for errors.
Make sure you received a Form 1099-MISC from every firm that
paid you at least $600 over the course of the year. Check
them against your records of your income.
The IRS
will match the total amount of income reported for you on
the 1099s it receives against your return. If it finds a
discrepancy, the agency could hold you responsible for
additional interest payments and penalties. Also, ensure
that the numbers reported on your state and federal returns
match up.
• Mix business and family with care. The IRS pays
close attention to business dealings with family members. It
will scrutinize dealings between two businesses owned by
family members, deductions taken for payments to family
members for services they performed, and deductions for
medical expenses you paid for a family member who purports
to do work for you.
Don’t let this warning stop you
from employing a family member. Just be prepared to prove
that the expenses you deduct are “ordinary and necessary” to
conduct your business. The IRS examines these dealings with
families because some taxpayers have pushed the law to the
limit. As long as you are aware of what the law allows, you
can continue to deduct bona fide business
expenses.
• Use your home office exclusively for business.
Draw a fine line between business and personal use of
your home office space. The home office deduction is a red
flag for IRS auditors because disreputable tax advisers have
promoted it as a way to deduct personal expenses from net
income: Some advisers have encouraged clients to boost
deductions by placing business-related items throughout the
house, while others have recommended deducting payments to
children for routine household chores.
But the home
office deduction can still be legal, and the laws governing
it have become more taxpayer-friendly over the past several
years. While you need to be careful with this deduction, you
can take it as long as your office is your principal place
of business and is used exclusively for
business.
• Make profit your bottom line The most
significant principle the IRS uses to judge your business
deductions is the profit motive. If you are ever assessed,
you need to be able to prove you are in business to make
money, not trying to deduct expenses associated with a
hobby.
Still, it is OK to report a loss. When you
first establish your business, it is normal to have some
up-front costs that cannot be recovered during the first
year. Or perhaps you experienced a difficult year where you
incurred an unexpected shortfall. The IRS will accept these
situations as long as you can show them you were actively
seeking profit and you spent more than 500 hours on the work
over the course of the year. It helps to have business cards
and other supporting documents such as business proposals on
hand to substantiate your claim.
Once you start
reporting large losses over many consecutive years, however,
the IRS will start inspecting your business carefully. An
auditor could require you to prove that the travel, meal,
and entertainment expenses you deducted were directly
related to conducting business and that the business
interest was not merely incidental. This is not always easy
to do, so be careful about declaring quasi-business related
items.
These steps won’t guarantee safety from audits, but they do
lessen the chance you will make obvious mistakes on your
return. If you have made a mistake you need to correct,
meanwhile, it is not too late to file an amended return.
File an extension if you need time to get it right. You
might have to pay interest, and even penalties when you amend
a previously filed return, but you could be saving the legal
costs associated with a full-fledged audit by fixing the error
yourself.
Patricia E. Mohr, a freelance writer covering public
policy issues, is the former senior Capitol Hill reporter for
Tax Analysts in Washington, D.C.
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