Facing an IRS Tax Audit Without a Lawyer
First of all, facing an IRS Tax Audit without a lawyer is not something I recommend you do.
That said, I always get people who ask me what to do if they are audited and have no lawyer.
So, avoiding the judgment that these people are about to have a fool for a client, here are some recommendations that I can offer.
Do not speak until spoken to.
Take this axiom for children to heart.
Do not answer an auditor's question before it is asked.
Comment only upon the subject matter that you are asked to comment on.
Do not offer anything up.
Do not bring any documents to the audit unless they are expressly requested in the audit notification.
It does not matter if you think the auditors will need it, or not.
If they find out that they missed asking for a document, they may be likely to skip it.
Make certain that the records you bring are well organized.
Auditors look for an organized taxpayer.
They believe that organization is a sign that you care about your situation and that you are willing to be cooperative.
This can win you a few valuable points with the auditor.
Review your documents and records thoroughly, prior to your audit.
If anything is missing, secure copies of the document or record.
If you simply tell the auditor that the record or document is missing, they will, at best, tell you to obtain another copy.
They might, at worst, deny the document or record altogether.
Yes, they can do that, because it is your obligation to provide the records they request.
Read the Taxpayer's Bill of Rights, IRS publication1, before your audit.
Know your rights and stand strong on them.
If you feel the audit is going poorly, as for a break in order to consult a professional.
If the subject of tax fraud comes up during your audit, demand the right to consult an attorney immediately.
If the auditor harasses you or treats you unfairly, ask to speak with the auditor's manager.
Do not be afraid to appeal the results.
If you feel the audit is incorrect, set up a meeting with the auditor's manager and try to reach an agreement.
If you cannot reach an agreement, you can appeal the results within the IRS itself or go to tax court.
Lastly, please reconsider, and hire a tax lawyer.
When facing an IRS Tax Audit, having counsel is just the best way to go.
That said, I always get people who ask me what to do if they are audited and have no lawyer.
So, avoiding the judgment that these people are about to have a fool for a client, here are some recommendations that I can offer.
Do not speak until spoken to.
Take this axiom for children to heart.
Do not answer an auditor's question before it is asked.
Comment only upon the subject matter that you are asked to comment on.
Do not offer anything up.
Do not bring any documents to the audit unless they are expressly requested in the audit notification.
It does not matter if you think the auditors will need it, or not.
If they find out that they missed asking for a document, they may be likely to skip it.
Make certain that the records you bring are well organized.
Auditors look for an organized taxpayer.
They believe that organization is a sign that you care about your situation and that you are willing to be cooperative.
This can win you a few valuable points with the auditor.
Review your documents and records thoroughly, prior to your audit.
If anything is missing, secure copies of the document or record.
If you simply tell the auditor that the record or document is missing, they will, at best, tell you to obtain another copy.
They might, at worst, deny the document or record altogether.
Yes, they can do that, because it is your obligation to provide the records they request.
Read the Taxpayer's Bill of Rights, IRS publication1, before your audit.
Know your rights and stand strong on them.
If you feel the audit is going poorly, as for a break in order to consult a professional.
If the subject of tax fraud comes up during your audit, demand the right to consult an attorney immediately.
If the auditor harasses you or treats you unfairly, ask to speak with the auditor's manager.
Do not be afraid to appeal the results.
If you feel the audit is incorrect, set up a meeting with the auditor's manager and try to reach an agreement.
If you cannot reach an agreement, you can appeal the results within the IRS itself or go to tax court.
Lastly, please reconsider, and hire a tax lawyer.
When facing an IRS Tax Audit, having counsel is just the best way to go.
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