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Examinations, Appeals, Collections, and Refunds
Examinations (Audits) Appeals However, we sometimes talk with other
persons if we need information that you
We accept most taxpayers’ returns as led. If you do not agree with the examiner’s have been unable to provide, or to verify
If we inquire about your return or select it proposed changes, you can appeal them to information we have received. If we do
for examination, it does not suggest that the Appeals Ofce of IRS. Most differences contact other persons, such as a neighbor,
you are dishonest. The inquiry or can be settled without expensive and bank, employer, or employees, we will
examination may or may not result in more time-consuming court trials. Your appeal generally need to tell them limited
tax. We may close your case without rights are explained in detail in both information, such as your name. The law
change; or, you may receive a refund. Publication 5, Your Appeal Rights and How prohibits us from disclosing any more
The process of selecting a return for To Prepare a Protest If You Don’t Agree, information than is necessary to obtain or
examination usually begins in one of two and Publication 556, Examination of verify the information we are seeking. Our
ways. First, we use computer programs to Returns, Appeal Rights, and Claims for need to contact other persons may
identify returns that may have incorrect Refund. continue as long as there is activity in your
amounts. These programs may be based If you do not wish to use the Appeals case. If we do contact other persons, you
on information returns, such as Forms Ofce or disagree with its ndings, you have a right to request a list of those
1099 and W-2, on studies of past may be able to take your case to the U.S. contacted.
examinations, or on certain issues Tax Court, U.S. Court of Federal Claims, or
identied by compliance projects. Second, the U.S. District Court where you live. If Refunds
we use information from outside sources you take your case to court, the IRS will You may le a claim for refund if you think
that indicates that a return may have have the burden of proving certain facts if you paid too much tax. You must generally
incorrect amounts. These sources may you kept adequate records to show your le the claim within 3 years from the date
include newspapers, public records, and tax liability, cooperated with the IRS, and you led your original return or 2 years from
individuals. If we determine that the meet certain other conditions. If the court the date you paid the tax, whichever is
information is accurate and reliable, we agrees with you on most issues in your later. The law generally provides for interest
may use it to select a return for case and nds that our position was largely on your refund if it is not paid within 45
examination. unjustied, you may be able to recover days of the date you led your return or
Publication 556, Examination of Returns, some of your administrative and litigation claim for refund. Publication 556,
Appeal Rights, and Claims for Refund, costs. You will not be eligible to recover Examination of Returns, Appeal Rights,
explains the rules and procedures that we these costs unless you tried to resolve your and Claims for Refund, has more
follow in examinations. The following case administratively, including going information on refunds.
sections give an overview of how we through the appeals system, and you gave
conduct examinations. us the information necessary to resolve the If you were due a refund but you did not
case. le a return, you generally must le your
By Mail return within 3 years from the date the
We handle many examinations and Collections return was due (including extensions) to get
inquiries by mail. We will send you a letter Publication 594, The IRS Collection that refund.
with either a request for more information Process, explains your rights and
or a reason why we believe a change to responsibilities regarding payment of Taxpayer Advocate Service
your return may be needed. You can federal taxes. It describes: TAS is an independent organization within
respond by mail or you can request a • What to do when you owe taxes. It the IRS that can help protect your taxpayer
personal interview with an examiner. If you describes what to do if you get a tax bill rights. We can offer you help if your tax
mail us the requested information or and what to do if you think your bill is problem is causing a hardship, or you've
provide an explanation, we may or may not wrong. It also covers making installment tried but haven't been able to resolve your
agree with you, and we will explain the payments, delaying collection action, problem with the IRS. If you qualify for our
reasons for any changes. Please do not and submitting an offer in compromise. assistance, which is always free, we will do
hesitate to write to us about anything you everything possible to help you. Visit
do not understand. • IRS collection actions. It covers liens, taxpayeradvocate.irs.gov or call
releasing a lien, levies, releasing a levy, 1-877-777-4778.
By Interview seizures and sales, and release of
If we notify you that we will conduct your property. Tax Information
examination through a personal interview, Your collection appeal rights are explained The IRS provides the following sources for
or you request such an interview, you have in detail in Publication 1660, Collection forms, publications, and additional
the right to ask that the examination take Appeal Rights. information.
place at a reasonable time and place that is • Tax Questions: 1-800-829-1040
convenient for both you and the IRS. If our Innocent Spouse Relief
(1-800-829-4059 for TTY/TDD)
examiner proposes any changes to your Generally, both you and your spouse are • Forms and Publications:
return, he or she will explain the reasons for each responsible for paying the full 1-800-829-3676 (1-800-829-4059 for
the changes. If you do not agree with these amount of tax, interest, and penalties due TTY/TDD)
changes, you can meet with the examiner’s on your joint return. However, if you
supervisor. qualify for innocent spouse relief, you may • Internet: www.irs.gov
be relieved of part or all of the joint • Small Business Ombudsman: A small
Repeat Examinations liability. To request relief, you must le business entity can participate in the
If we examined your return for the same Form 8857, Request for Innocent Spouse regulatory process and comment on
items in either of the 2 previous years and Relief. For more information on innocent enforcement actions of IRS by calling
proposed no change to your tax liability, spouse relief, see Publication 971, Innocent 1-888-REG-FAIR.
please contact us as soon as possible so Spouse Relief, and Form 8857. • Treasury Inspector General for Tax
we can see if we should discontinue the Administration: You can condentially
examination. Potential Third Party Contacts report misconduct, waste, fraud, or
Generally, the IRS will deal directly with you abuse by an IRS employee by calling
or your duly authorized representative. 1-800-366-4484 (1-800-877-8339 for
TTY/TDD). You can remain anonymous.
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