If you receive a letter from the IRS or are the subject of an examination or an audit, it helps to know the rules of the road. You'll find them in the Taxpayer Bill of Rights, published in IRS Publication 1, Your Rights as a Taxpayer, available on the IRS website at tinyurl.com/3v9y9fy9.
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Here is a summary:
The Right to Be Informed: "Taxpayers have the right to know what they need to do to comply with the tax laws. They are entitled to clear explanations of the laws and IRS procedures in all tax forms, instructions, publications, notices, and correspondence."
The Right to Pay No More than the Correct Amount of Tax: "Taxpayers have the right to pay only the amount of tax legally due, including interest and penalties, and to have the IRS apply all tax payments properly."
The Right to Challenge the IRS's Position and Be Heard: "Taxpayers have the right to raise objections and provide additional documentation in response to formal IRS actions or proposed actions, to expect that the IRS will consider their timely objections and documentation promptly and fairly, and to receive a response if the IRS does not agree with their position."
The Right to Appeal an IRS Decision in an Independent Forum: "Taxpayers are entitled to a fair and impartial administrative appeal of most IRS decisions, including many penalties, and have the right to receive a written response regarding the Off�ice of Appeals' decision. Taxpayers generally have the right to take their cases to court."
The Right to Finality: "Taxpayers have the right to know the maximum amount of time they have to challenge the IRS's position as well as the maximum amount of time the IRS has to audit a particular tax year or collect a tax debt."
That's all well and good, but realistically, what does this mean to an everyday taxpayer who receives correspondence from the IRS?
It's important to understand that a "conversation" starts with a letter, which can lead to a quick and easy resolution or just the opposite, an examination or an audit.
If you receive a letter, call your accountant, or if you do your own taxes, follow the instructions provided on the IRS website. See "What taxpayers should do if they receive mail from the IRS" (tinyurl.com/2p9kxtp9).
The IRS suggests you start by reading the letter carefully: "Each notice deals with a specific issue and includes any steps the taxpayer needs to take."
Review the information: "Typically ... taxpayer[s] will need to act only if they don't agree with the information, if the IRS asked for more information or if they have a balance due."
A balance is easy to handle, unless you disagree with the amount. Providing more information is also easy, unless there is an underlying interpretive question, or you simply don't agree with the information. In that case, you'll need to "follow the instructions in the [letter/notice] to dispute what the notice says. The taxpayer should include information and documents for the IRS to review when considering the dispute."
When must you call your CPA? Russell Abrahms, a CPA located in Fairfield, Connecticut, said that if the letter includes the threat of a tax levy or a summons, drop everything and call your tax adviser right away. Time is of the essence, added Abrahms. To get your bearings, look at the year and the type of tax.
But here is a cautionary note: Beware of scammers. Before responding to IRS correspondence, read "Recognize tax scams and fraud" (tinyurl.com/yvfyjuxb).
Before we leave this subject, don't forget that the Taxpayer Advocate Service (taxpayeradvocate.irs.gov) can be helpful as well. TAS is an independent organization within the IRS that seeks to "ensure that every taxpayer is treated fairly and that you know and understand your rights."
DISTRIBUTED BY ANDREWS MCMEEL SYNDICATION