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How Do I Beat IRS Examinations at Its Own Game?

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Key Takeaways

  • Topic: How Do I Beat IRS Examinations at Its Own Game?
  • Read the full article below for complete details on this topic.

How Do I Beat IRS Examinations at Its Own Game? So here are some of the tactics that we used when dealing with IRS examinations in order to get the best results for our clients and I’m not necessarily recommending as a layperson that you try and effectuate these strategies by yourself I’m simply letting you know because I want you to see the playing field in terms of how IRS audits actually work and some of the tactical maneuvers that we use to get the best results for our clients again with an IRS audits particularly a field audit you want to make sure that you’re handling the situation with an appropriate amount of deference and usually with field audits you want to get an attorney involved as quickly as possible however here’s the way that we handle the situation number one when dealing with an examination issue we’re trying to be at least a step ahead of the auditor so we’re creating a very defined path and we’re trying to lead the auditor down the path that we want to detect so what this takes is it takes two things number one you need a clear indication on where you’re starting at a point that on so number one what are the facts what documents do I have available to me how are my documents going to line up in accordance with the auditors expectations why is the client being audited what information can I gather about my current situation based on the information I have about my current situation what are the likely outcomes when I get to the end am I gonna pay a tax I know how much tax.

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What Is Nexus? Do I Have Nexus in California?

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VideoBG115

Nexus is a legal term and what it means is essentially a code for the level of minimum contacts that you have in a state.  Minimum contacts can include:

Key Takeaways

  • Nexus is a legal term and what it means is essentially a code for the level of minimum contacts that you have in a state.
  • Third party contacts can be independent contractors or vendors.
  • These contacts would tend to trigger Nexus in a particular state so if you have that level, you meet the Nexus threshold.

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What Types of Collection Actions Can California Take Against Me If I Am in Another State?

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This is a common question we get from prospective clients. I get a lot of clients who are on the East Coast for example and they’re in New York or North Carolina or Florida or any one of those Atlantic states and they say “well I’m all the way over here, I’ve never been to California, I don’t like to travel to California, I don’t plan on going to California so if I owe money in California for state sales tax, for state income tax liability, what can they really do to me?” And the answer to that is they can do a whole lot to you. The reason for that is while you may not have contact with California and you may not step foot in California, probably the people that you do business with or the banking institutions that you use or the third parties that you use have some sort of nexus with California. For example, if you live on the East Coast and you use Bank of America, we have Bank of America branches in California.

Key Takeaways

  • This is a common question we get from prospective clients.
  • For example, if you live on the East Coast and you use Bank of America, we have Bank of America branches in California.
  • California doesn’t need to send a levy notice to liquidate your bank account all the way to Maine – they can just walk into the branch in California or even easier, just fax it over.

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What Do I Do If There Is a Serious Error on My Return and I Get Audited?

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So the first thing you need to do if there’s a serious error on your return is to understand what your risk is. Was the error caused willfully? Was it not caused willfully? This is not the time to be an advocate. You need to answer yourself honestly because it’s always important to understand where the truth is in order to find out what your position is and the position you’re going to take in negotiating with the Auditor. If the error was a simple mistake and there’s no criminal liability, then the decision needs to be made on whether or not you’re going to disclose that to the auditor or not. If you don’t disclose it to the auditor and the auditor catches it later, there could be consequences in terms of penalties; however if you get out in front of the issue and disclose it, although you’re on

Key Takeaways

  • So the first thing you need to do if there’s a serious error on your return is to understand what your risk is. Was the error caused willfully? Was it not caused willfully? This is not the time to be an advocate.
  • the hook for whatever the taxable adjustment is as a result of the error, you may be able to leverage it to your advantage.

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What Should I Do If I Believe I Am Under Investigation by the IRS?

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So if you’re watching this video and you believe that you’re being investigated criminally by the IRS, you probably have a good sense of why you’re being investigated and depending on how certain you are of this, you need to stop right now. You need to call an attorney and you need to retain a criminal tax attorney to help you. The reason for that is criminal investigations are multi-year investigations. They’re very focused, they’re very detail-oriented and the criminal agents that work these cases put in a lot of time. Often when the subject of these investigations or the target of these investigations become aware that a criminal agent is looking into their conduct, it’s already too late because the government is very far along on the case. They’ve started either contacting third party witnesses, they’ve contacted the subject or target directly, or they’ve taken other action to make their presence known. They don’t make their presence known unless they’re pretty far along in their case. In the beginning they go knock on somebody’s door, but know they’re working behind the scenes. They’re looking at tax returns that were filed, they’re looking at other source documents, they’re looking at information, they’re pulling bank records and they’re building a case. Only after they’ve built that case and they’re certain or fairly certain that they’re going to attain a conviction do they go out in the field and start collaborating. So by the time you become aware that a criminal agent is on to you they may be very very far along or you may be almost the point

Key Takeaways

  • So if you’re watching this video and you believe that you’re being investigated criminally by the IRS, you probably have a good sense of why you’re being investigated and depending on how certain you are of this, you need to stop right now.
  • where you’re going to get indicted. That’s why it’s important to stop, to get a tax attorney involved, get a criminal tax attorney who knows what they’re doing and to build a strategy to figure out why they’re looking at you and what you can do about it.

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Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California