Employers that are audited by the Internal Revenue service
need not provide an excessive amount of information, a speaker said May 7 at the
2013 American Payroll
Association Congress in Grapevine, Texas.
“We will ask for any documentation we need to verify what’s
on your return,” said Sarah Plowman, senior policy analyst for the Internal Revenue
Service. If an employer files a Form 941, Employer’s Quarterly Federal Tax
Return, for example, Forms W-2s, and payroll records also may be requested by
IRS.
“I’d rather have you give me what I need and then if
something else comes up I can ask for it,” Plowman said. “It’s not necessary to
give an auditor everything, but give them what they ask for.”
Here are frequently asked questions from employers on IRS
audits:
How does an audit
begin? IRS sends a notice or letter, Plowman said. Generally, the notices
are automated, and there are 26 varieties. Additionally, an examiner calls or
sends a letter to the employer, and provides notices and a request for information,
she said.
If, for example, a Form 941 was filed for one quarter, other
quarters can be requested, Plowman said. If there is an issue with fringe
benefits, an employer’s accounts payable records also can be requested, she
said.
What if I ignore the IRS? The IRS will continue to send notices,
Plowman said, adding that the audit process will likely continue, adjustments can
be made, and penalties can be assessed. “If we don’t hear your side of it, we
will make the adjustments based on what we know,” she said.
What if I refuse to
cooperate? If an employer refuses to provide information and comply with
the audit, the examiner will proceed by using available information, such as
internal documents. “If we have the taxpayer’s help, it shortens the process,”
Plowman said.
How does an audit
work? To begin an audit, an examiner sets an appointment and will send an
information document request, Plowman said. The examiner will then perform the
examination at the business site, interviewing responsible parties, and reviewing
books and records, Plowman said. “We cannot disclose to anybody that a business
is under audit,” she said. Generally a letter is sent to a principal in the
business.
Can I refuse an IRS
audit? Employers cannot refuse IRS audits. IRS tries to minimize the burden,
but a certain amount of information is necessary from the employer, Plowman
said. Without employer assistance, IRS can take about six months to obtain
Forms W-2 and 1099, which prolongs the audit.
Is an employment tax
examination different? Employment taxes should be considered trust fund
taxes and not the business’s money, Plowman said. “its money taken from
employees,” she said, adding that the employer contribution plus employees’
contributions are used for Social Security and other programs.
Do I have to handle
an examination by myself? An employer can choose to be represented by a
federally authorized practitioner, such as a lawyer, a certified public
accountant, an enrolled agent, or the third-party who prepared and signed the
return. The practitioner must provide Forms 2848, Power of Attorney and
Declaration of Representative, or 8821, Tax Information Authorization. The IRS also
needs someone who has access to employment records, Plowman said.
Are audits always
done at the business location? Employment tax audits are generally
conducted at the business locations to expedite the audit, Plowman said, adding
that agents then have an idea about how the business operates. Some audits are
handled remotely or can take place at an IRS office or the office of a
representative that the business hires to handle the audit, she said.
What if I do not have
a representative? Employers without a representative at the audit should
relax and be truthful, Plowman said. Any requested information should be
provided and no documents should be manufactured, she said.
What if my business
owes money? If an employer owes
money after the audit concludes, an installment agreement may be sought by
completing Form 9465, Installment Agreement Request. Employers with up to $25,000
in combined taxes, interest, and penalties can make the request online, Plowman
said. Employers owing more than $25,000 must mail in Form 9465 and include
433-F, Collection Information Statement.
How can I avoid problems? To avoid potential issues and IRS audits,
employers should file tax returns in a timely manner, avoid participation in
abusive schemes, act on notices they receive, and educate themselves, Plowman
said. Employers also can use social media and technology for assistance via
IRS’s Facebook, Twitter, iTunes podcasts, webinars, and main webpage, irs.gov,
she said.
By Kristin N. Washington