What two words cause the most panic to Americans? There are probably a hundred funny responses running through your mind right now, but we were thinking of a less humorous response: "IRS audit."
Your odds of avoiding an audit are usually pretty good. The IRS reviewed 771,095 in fiscal year (FY) 2019, resulting in a low audit rate of 0.4%. Raising red flags in your return are likely to increase your odds of being audited. Some of these cannot be avoided, but others are essentially errors in judgment.
- You Are Wealthy – The IRS disproportionately audits wealthier Americans. Why? As the famous bank robber Willie Sutton allegedly said, "Because that's where the money is." Think of it as a return on investment of IRS time. As Betterment Head of Tax Eric Bronnenkant puts it, "The IRS audits wealthy people because they're the ones who are the most likely to get an adjustment out of it."
While there may be an element of ROI involved, there are also more benign reasons. Wealthier Americans have more potential deductions and tax shelters to claim and more complicated tax forms in general, thus it is reasonable that their forms receive more scrutiny. However, according to the IRS 2019 Data Book, the odds of being audited are greater for low-income taxpayers than wealthier Americans.
Taxpayers with incomes over $10 million had a 0.03% chance of being audited; $5 million draws a 0.04% chance of an audit (using 2019 statistics). You are more likely to be audited if your adjusted gross income is under $25,000 (0.28%) and between $25,000 and $50,000 (0.13%) .
- Low or No Reported Income – So much for the Willie Sutton theory. Low incomes receive more scrutiny to verify that the Earned Income Tax Credit is not being falsely claimed and that income is not being underreported. Returns with the Earned Income Tax Credit are audited most of all, with an audit rate of 0.06%, followed by taxpayers reporting no income (0.31%).
- Mismatching Income – Discrepancies between W-2/1099 forms and your reported income are easily picked up by the IRS computers. Make sure that all of your taxable income is reported and matches your forms.
- Disproportionate Charitable Contributions – Expect an audit if you made contributions that are out of line with your average income range, failed to file a Form 8283 with your larger donations, or made a one-off large contribution such as a donation of property to a charity.
- Home Office Deductions – The definition of a "home office" is stretched often enough that it tends to receive a closer examination. Make sure you meet the "exclusive and regular" business use requirement and be prepared to prove it.
- Calling a Hobby a Business – Continually unprofitable home businesses are likely to be considered as hobbies by the IRS (and really should be, if the business is truly unprofitable). The general rule is that the venture must earn a profit in three out of the five previous years to be truly considered a business.
- Holding Foreign Bank Accounts – Thanks to the Foreign Account Tax Compliance Act, overseas accounts require notifications to the Treasury Department and other paperwork depending on the size and nature of the accounts. Make sure all necessary paperwork is filed in a timely fashion – and even then, expect an audit if your account resides in a known tax haven.
- Excessive Business Deductions – IRS agents are quite adept at spotting sketchy business deductions where lines are blurred between personal and business expenses or the amounts seem excessive. Be prepared to defend all the business deductions you claim.
- Multiple Deduction Claims for Children – Divorced couples do not always agree on who should claim their children as dependents, and only one can do so. If the same child's Social Security number ends up on two different returns, guess what will happen?
The Tax Cuts and Jobs Act brought about many changes. If you're uncertain as to how your tax return is affected, it's far better to consult a qualified tax professional than make a mistake that may invite an audit. Advises Bronnenkant, "I would only suggest that people prepare their taxes honestly and truthfully, and also be able to support what they put on their return in the event they get audited."
To any IRS agents who may be reading this article, we actually appreciate your service…and we were just kidding about the Willie Sutton remarks. Please don't audit us.
The IRS and Treasury Department have extended the 2021 tax filing deadline from April 15 to May 17, due to the COVID-19 pandemic. In the interest of safety and to curb the spread of the coronavirus, all Taxpayer Assistance Centers (TAC) and face-to-face IRS services operate by appointment only. Taxpayers can call 844-545-5640 to schedule an appointment or find your local IRS TAC here. See the IRS Coronavirus Tax Relief page for the latest updates.
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