Audit Reconsiderations

Did you get a notice from the IRS saying your tax return was audited (or the IRS created a return for you) and you owe taxes, and you disagree with the tax the IRS says you owe?

What do I need to know?

For partnerships, you can’t request audit reconsideration on an issue that has been finally determined through an IRS administrative adjustment or under an agreement with the IRS.

Request an Audit Reconsideration:

A Process that reopens your IRS audit.

In any of the four situations below, you can request an audit reconsideration

• You have new information to show the IRS about the audit of your income or expenses.
• You disagree with the tax the IRS says you owe.
• You never appeared for the audit appointment or sent the IRS your information.
• You moved and never got the IRS’s audit report.

You can’t request reconsideration if:

• You’ve already paid the full amount you owe. In that case, you must file a formal claim for refund with an IRS Form 1040X, Amended U.S. Individual Income Tax Return.
• You previously agreed to pay the amount you owe by signing an agreement such as an IRS Form 906, Closing Agreement; an offer in compromise agreement; or an agreement on IRS Form 870-AD, Offer to Waive Restrictions on Assessment and Collection of Tax Deficiency and to Accept Overassessment, with the Office of Appeals.
• The United States Tax Court, or another court, has issued a final determination that you owe the tax.

Actions

What should I do?

The IRS typically mails an audit report (sometimes called an examination report) to you within a few weeks after conducting an audit. This report explains any proposed changes to your tax return. You should review the complete audit report, including the report’s attachments to figure out which changes you think may be incorrect. If you don’t have this report or can’t locate the report you received, you may either call the IRS toll-free help line (800) 829-1040 to request a copy of the report or you may set up an appointment at your local Taxpayer Assistance Center for assistance.

You can hire an attorney, certified public accountant (CPA), or enrolled agent to represent you before the IRS. You may be eligible for free representation (or representation for a nominal fee) through a Low Income Taxpayer Clinic.

Gather documentation to support your position

• Make sure the documentation is new information that wasn’t part of the original audit, and that it’s for the tax year the IRS audited.

Send your request for audit reconsideration to the office that last corresponded with you

You don’t need to complete a special form – just a letter explaining your request for audit reconsideration. Be clear about which changes you want the IRS to consider. You should provide:

• A copy of your audit report (IRS Form 4549, Income Tax Examination Changes), if available.
• Copies of the new documentation that supports your position. Don’t send original documents. Send copies.

NOTE: If you have an installment agreement, keep making payments during the reconsideration process.

Watch for a response from the IRS

You should expect to hear from the IRS about your reconsideration request within 30 days. The IRS will send you a letter, if it needs more information.

You’ll be notified once the IRS reviews all your information. The IRS may:

• Accept your information and abate (remove) the tax it previously assessed;
• Accept your information in part and partially reduce the tax; or
• Find that your information didn’t support your claim and the prior assessment stands.

If you agree with the reconsideration results, pay the remaining balance you owe, if any. If you can’t pay in full, consider your payment options.

If you disagree with the reconsideration results, you can request a conference with the Office of Appeals. You can be represented by an attorney, certified public accountant (CPA), or enrolled agent at this conference.

You can also pay the balance due in full and then file a claim for refund with an Amended Return (IRS Form 1040X, Amended U.S. Individual Income Tax Return).