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    3. Setting the Record Straight with the IRS: Correcting Tax Mistakes, Handling Disputes & Avoiding Audits»

    Setting the Record Straight with the IRS: Correcting Tax Mistakes, Handling Disputes & Avoiding Audits

    Caron Beesley
    FinanceLegacy

    Getting your tax return right the first time is something all

    business owners and individuals strive to achieve. However, an

    incredibly complex and ever-changing tax system means we all make

    mistakes, even the IRS!

    According to this MSN Money article - "Don’t panic if the IRS sends you a

    letter" - the IRS sends more than one million letters to people

    each year simply because they forgot to sign their returns.

    While it’s impossible to address the countless number of human and

    computer errors that can impact business taxes, this article sheds some

    light on how to correct common tax mistakes, while providing guidance

    for handling tax disputes and tips on preventing an IRS audit.

    Taking Care of Mistakes Before the IRS Contacts You

    If you know that you have omitted information from your tax return,

    made an error, or missed a filing deadline, it’s always best to take

    care of it before receiving a notice from the IRS - which can result in

    unnecessary interest, penalties and other complications.

    Here is some guidance on common business tax errors and the process

    of fixing them:

    • Correct Information about Total Earnings and Withholdings - To

      correct any mistaken information filed about total employee earnings

      and withholding for the year, you’ll need to complete Forms W-2C and

      W-3C. This can be done online at the Social Security Administration Web

      site here.

    • Overpayment or Underpayment of Employment Taxes - If

      you have made an error that has led to overpayment or underpayment of

      employment taxes you will need to file an amended employment tax form.

      The IRS provides links to the appropriate forms for you needs here. Read more about your employment tax obligations from Business.gov.

    • Individual Tax Return Errors - Any mistakes on your

      individual tax return should be corrected using Form 1040X. If you owe tax, send the amount owed with

      this form to stop penalties and interest from accruing on the

      additional tax owed.

    • Mistakes on Partnership Returns - If you made a

      mistake on your business partnership return, check the box for "amended

      return" on Form 1065 and give each partner a

      copy of amended Schedule K-1.


    • Mistakes on S Corporation Income Tax Returns - To

      correct an error on a previously filed Form 1120S, file an amended form by checking "amended return" on page 1 and

      follow the instructions. Then provide each shareholder a copy of the

      amended Schedule K-1.

    • Mistakes on Corporation Returns - Use Form 1120X, and send any owed tax with the form.


    • Corrections on “Information” Forms 1099 and 1098 - If

      you have made a mistake on an information return (always

      prefaced with 1099 or 1098) just refer to the instructions that come

      with the forms.  

    Don’t Ignore Notices from the IRS

    If you do receive a notice from the IRS, whether it’s requesting

    payment or seeking additional information regarding your business tax

    return - open it and act on it. Putting off contacting the IRS,

    especially in the case of notices requesting payment, can increase the

    amount you owe because penalties and interest keep accruing.

    Whether or not you agree with the notice, call or write to the

    contact person listed or visit your local IRS office before the deadline. There is a also

    additional IRS contact information on the IRS

    web site.

    Avoid a Tax Audit

    Although less than 1% of taxpayers are selected for a tax audit,

    business filings that report year-after-year losses, large charitable

    contributions, or claim large tax deductions may raise red flags for the

    IRS. Read "When Avoiding a Tax Audit - the Best

    Offense is a Good Defense" for guidance on how to file your tax

    return in a way that minimizes your chances of getting audited.

    Appeal a Tax Dispute

    If you are unable to resolve tax mistakes with the IRS or dispute how

    the IRS has determined your tax status, you can file an appeal with the

    IRS Appeals office. The Appeals process operates independently of any

    other IRS office and is intended to be a fair and impartial way to

    settle tax disagreements without you having to go to the Courts for a

    formal trial. This Appeals Guide from the IRS explains

    what the Appeals process can do for you and can help you determine if

    it’s right for you.

    If you feel that you are being unfairly audited, over-regulated or

    penalized by the IRS or any other federal, state or local government

    agency you can file a complaint with a small business Ombudsman. Read

    more about the process and what it can do to help you here: "Is the Government Regulating You

    Unfairly? - Contact an Ombudsman".

    Got small business tax questions? Ask your tax questions in the Business.gov

    Community.

    Resources

    • Small Business and Self-Employed Tax

      Center

    • Business.gov Small Business Taxes
    • Free Small Business Tax Advice from

      Uncle Sam

    • IRS.gov Undergoes a Quiet Evolutions -

      Revealing Invaluable Online Tax Tools for Small Business

    • Tax Preparation - 3 Essential Online Tax

      Resources to Add to Your Toolkit


    Small Business Matters is brought to you by

    Business.gov to provide helpful and easy-to-understand tips for small

    and home businesses, including direct links to resources that help

    business owners to navigate the government maze.  Business.gov is

    sponsored by the U.S. Small Business Administration to provide small

    business owners with access to federal, state and local government

    resources from a single access point. Business.gov creates a dialogue

    among business owners and the organizations serving them, making

    government resources and information more accessible to the nation's

    small business community.  The U.S. Government and the U.S. Small

    Business Administration neither endorses nor guarantees in any way the

    external organizations, services, advice, or products included in any

    external website links. Furthermore, the U.S. government neither

    controls nor guarantees the accuracy, relevance, timeliness or

    completeness of the information contained in non-government website

    links.

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    Profile: Caron Beesley

    Caron Sharp has over 14 years of experience working in marketing, with a particular focus on the government sector. She writes the Government Resources for Business blog on AllBusiness.

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