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    New York Tax Audit Attorney

    Protecting Your Rights with the IRS and State Tax Authorities

    Did You Find Out You Are Being Audited?

    Turn to an Experienced Tax Audit Lawyer for Representation

    There is no doubt that it is stressful to learn your taxes are being audited. You are probably wondering what triggered the audit and whether you made mistakes on your taxes that will result in penalties. You may worry whether you saved all the receipts for the deductions you took. We understand the anxiety people face when they receive notification that their return has been selected for an audit. We have extensive experience guiding taxpayers through the process.

    When the Internal Revenue Service (IRS) or New York State tax department conducts a tax audit, it is represented by a team of well-trained tax specialists, audit examiners, CPAs, and tax attorneys. You can level the playing field and increase your chances of a successful outcome by seeking the help of our knowledgeable Tax Attorneys who focuses exclusively in tax law and can provide the legal help you need. Contact New York tax audit attorney Timothy S. Hart for help today. You can reach the Timothy S. Hart Law Group at our New York City office at (917) 382-5142 and in our Albany office at (518) 213-3445.

    Get Audit Help Today

    Types of Tax Audits that Our Law Firm Assists With

    Every audit is unique to the taxpayer’s individual returns and may take place in person or through the mail, depending upon the situation.

    Tax Audits Format

    • Correspondence audit: Correspondence audits are the lowest level of audit. In a correspondence audit, you are mailed questions about your returns and requests for additional documents. Then you provide the additional documentation and answer IRS questions to support your returns via mail.
    • In-person interview: You meet in person with IRS auditors, either at an IRS field office or at your home or business. You will need to bring with you to the audit specific documents and information for the auditor to review. These are typically the most serious types of audits that tax audit lawyers assist with.

    IRS Tax Audit Types

    In addition to how tax audits are carried out, there are different IRS tax audit types, depending on what aspect of a return the IRS is examining. One example is an audit of deductions that businesses have taken to reduce their tax burdens. When the IRS audits an income tax return for deductions, it focuses on whether you have valid receipts for all your deductions. From the basic perspective, the IRS is looking for a stack of receipts that add up to the tax deduction taken on the income tax return. If you don’t have them, you could end up losing deductions and paying more in taxes. Receipts should always include notes on what they were for and how the purchased item or service related to your business.

    NY Tax Audit

    Tax Audits Investigations Albany New York Lawyer Attorney

    In a NY tax audit of a business, sales tax is often a focus. There is no denying that a sales tax audit is not a pleasant encounter with the New York State Tax Department. But our New York State tax audit attorney will seek to make it as stress free as possible by providing superior legal representation.

    There are many types of audits, depending on your circumstances. Once we learn about your case in a free consultation, we can provide you with more details about how we will handle it. Our experienced IRS tax audit lawyer, Timothy S. Hart, is also a skilled New York state income tax audit attorney. No matter which tax authorities are auditing you and whether it is your individual or business taxes that are being audited, you can rely on us for conscientious and hardworking representation. Reach out today.

    New York Tax Audit Lawyer Explains the Tax Audit Process

    You will first learn your tax return has been selected for audit through written notice from the IRS. The notice will arrive via regular mail. Why was your return selected? There could have been a possible error identified or selection may even have been random. Being audited is not the same as being investigated for fraud. It does not mean IRS or State of NY tax authorities think you did anything wrong. The reason for audits is to help increase compliance and ultimately revenue if tax agencies find deductions were overstated, income was understated or there are other problems. A tax audit lawyer will ensure your rights are protected during the audit process. If you have received notice of audit, reach out to our attorney right away.

    Under the tax laws, the IRS (and New York state tax personnel) will also send to you a written request for specific tax documents needed for the audit. You should provide this information immediately, which can serve to speed up the entire audit process.

    The moment you receive notice of an audit is the right moment to seek tax counsel. Our tax audit attorney will protect your legal rights.

    You are not powerless in the midst of an IRS audit. You have important legal rights that our IRS tax audit attorney will ensure are protected. Remember, when you are going through an audit, you have the right to:

    • Professional and courteous treatment from IRS employees
    • Privacy and confidentiality about tax figures and matters
    • Knowledge of the intent of IRS and information on how this data will be used
    • Representation either by oneself or an attorney or other authorized tax professional
    • Appeal in disagreements within the IRS and before the courts.

    Do not be afraid of an IRS audit. This is a normal government function, and you have all the protection of the law to make sure that you will experience fairness and impartiality throughout the entire auditing process. Our IRS tax audit attorney will stand up for your rights and interests.

    What Happens at the End of the Audit Process?

    The auditors have examined your return and reviewed all the additional information you’ve provided. Now what? Basically, an income tax audit can end in one of three ways. You can have no change to the amount of taxes you owe, or a fully agreed case where both sides agree on the amount of taxes owed, or you may not agree on what you owe or whether you owe anything at all.

    • No change – You will receive a letter telling you there is no change to what you owe, which means that after conducting the audit the IRS determined your return was correct.
    • Fully agreed case – You and your attorney agree that you do owe an additional amount of tax; once you pay the negotiated amount, the audit is closed.
    • Do not agree – This is when you are partially or fully in disagreement about what you owe or whether you owe anything. If this is the case, there is an appeals process. If that is unsuccessful, filing a petition with U.S. Tax Court may be a final option.

    Our New York Tax Audit Lawyer Represents Clients in Appeals

    The federal appeals process is called an IRS audit reconsideration. New York State also has an appeals process. For both federal and state taxes, there are specific circumstances in which the audit can be reconsidered or appealed and certain steps that must be followed in the reconsideration process. Timothy S. Hart can advise you about the possible appeals process for your situation. In the following, he provides answers to common questions that many people have about taxes and audits.

    Because of the almost unlimited timeline of when tax records could potentially prove to be useful, it is always best to keep your tax records for life. Yes, it does sound like a long time — and it is — but it is even more painful trying to prove some fact to the IRS when you do not have the tax records available. Our attorney Timothy S. Hart represented a client who was audited in 2012 and was asked for tax documents going back to the 1980s. The client had saved the records and was able to produce them, resulting in our tax audit attorney’s winning the client’s case and saving them a lot of money.

    There are also viable non-tax reasons to keep the records. The Form W-2 (your wage statement) can be used to verify that the Social Security Administration has the correct earnings records for you.

    For a good explanation of how long to keep records, read IRS publication 552, “Record Keeping for Individuals.”

    The IRS typically audits returns filed within the previous three years. They may go back six or more years if they find substantial issues. New York State follows the same general timeline for audits.

    The IRS only notifies taxpayers of audit by mail. The notification letter may arrive by certified mail or regular mail. It will contain your full name spelled correctly and your social security number or tax identification number, and it has legitimate contact information for responding to the IRS.

    You will not be notified of an audit over the telephone or in an email. If you receive notifications such as these saying you are being audited, it is almost certainly a scam. The scammer may try to use scare tactics to get you to pay them money right away. While being notified about a legitimate audit can provoke anxiety, the IRS and state tax authorities do not demand money over the telephone or via email and do not use scare tactics.

    How long an audit takes depends upon the type of audit, reason for the audit and the complexity of the issues involved with individual returns. The availability of information requested in the audit can influence the time it takes, as can scheduling conflicts of the parties involved. If audits are appealed, that adds to the length of the process. The process may take just a few months or much longer, especially if tax authorities find relevant concerns that require them to go back to previous years’ returns.

    Personalized Service from Our Tax Audit Attorney in Albany, NY, and NYC

    When you hire our law firm to assist you with your IRS or New York State tax audit, you can count on skillful guidance and sound legal representation. You will work directly with Albany tax lawyer Timothy S. Hart, who has a comprehensive background in federal and state tax law cases and who is also a licensed Certified Public Accountant. Reach out to him at our Albany office at (518) 213-3445 or our New York City office at (917) 382-5142 to schedule a free consultation.

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    Reasons Returns are Selected for Audits

    An IRS audit normally happens when there are discrepancies on tax documents such as W-2s and 1099s. Tax returns may also be selected for audit when they are involved with transactions with other entities undergoing audit themselves. Sometimes returns are just randomly chosen through computer selection. An IRS audit does not always mean that there are errors in tax filings.

    Returns may be randomly selected for audit. It doesn’t always mean there are errors in tax filings.

    Also, if you file an amended return, this does not affect your chances of being selected for an IRS tax audit. But the amended return will have to undergo a renewed screening process, opening the possibility that your amended return may be chosen for an audit. 

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      • Please do not include any confidential information in this form. This form sends information by non-encrypted e-mail which is not secure.

      Albany, NY

      300 Great Oaks Blvd., 300
      Albany, NY 12203
      Phone: (518) 213-3445

      New York, NY

      1180 6th Ave #8Fl
      New York NY 10036
      Phone: (917) 382-5142

      Talk to Our Diligent Tax Audit Attorney

      It isn’t unusual to be scared when you learn that your return was selected for an IRS or state tax audit. But while it can seem frightening, a tax audit attorney can help to ensure the best possible outcome based on the circumstances. Timothy S. Hart is a highly skilled tax lawyer who understands what tax authorities look for in audits and how to negotiate effective outcomes for clients.

      To get help with your IRS or tax audit, don’t hesitate to reach out to him for a free consultation. You can contact our New York City office at (917) 382-5142 and our Albany office at (518) 213-3445 to get personalized service from our New York tax audit attorney.