IRS Audit Representation

The Internal Revenue Service (IRS) holds various responsibilities as a government entity. The IRS office administers and monitors all American’s taxes and files in accordance with their fair and appropriate share.

The IRS regulates income taxes, as well as ensures that all tax issues are paid back timely and legally. In some circumstances, the Internal Revenue Service may need points of clarification regarding the amount of taxes owed, and to what financial extent are the dues paid.

The Internal Revenue Service has the power to audit anyone, or any business, at any time, based on the legal framework. Those taxpayers who get audited will most likely seek out and require expert assistance from an experienced tax attorney.

What is an IRS Audit?

Internal Revenue Service (IRS) audits scrutinize the tax and financial histories of individuals and organizations, aiming to ensure the accurate reporting of owed tax amounts. This is primarily to keep taxpayers accountable for correct declarations of their total tax liabilities. Recent data indicates that over 60% of taxpayers harbor fears of undergoing an audit, underlining its significance in matters concerning tax, credit card, and business expense management. Engaging trained tax professionals to navigate through an IRS audit is crucial in addressing any potential issues or red flags.

First, taxpayers must be informed of their rights and understand tax return laws. Victory Tax Lawyers has audit representatives ready to speak with you today who are knowledgeable of income tax audit situations, tax refunds for business purposes, and answers on any additional tax or tax refund questions you may have. Based on recent statistics, the average taxpayer is not fully aware of tax laws. This can lead to massive problems upon IRS audit representation. Our attorneys hold degrees and knowledge accumulated from years of experience to aid you in your proper handling of an IRS audit.

What is IRS Audit Representation?

Each and every citizen deserves proper representation. If a taxpayer is struggling with an audit problem, he/she/they maintain the right to tax audit representation, also known as audit defense. Audit defense serves as a legitimate service for any taxpayer to protect themselves from potential tax issues.

You can count on Victory Tax Lawyers’ authorized representatives to protect your rights, while thoroughly guiding you through the audit process. The tax attorneys at Victory Tax law firm can guide taxpayers who have been hit with an IRS audit through the entire process.

According to national studies, the average American is unaware of the terms, conditions, or situations of which an Internal Revenue Service Audit consists. Therefore, we think it is imperative to know the essentials in order to help guide you through the tax season. Victory Tax Lawyers will represent on behalf of you, and never disclose any information without your permission. Our team is on your team.

What To Do When You Get Audited

The first step in receiving an audit is to take a deep breath and try to remember the fact that 70% of audits are simply asking for further information regarding your tax returns. You’ll likely be required to mail back forms answering questions about your income or deductions. However, in the event you fall under the other 30% of audits, you’ll be invited to meet with an IRS agent to discuss your tax forms. But even in this lesser of the likely events, remain calm and follow these helpful tips.

Do Not Ignore the Letter

One thing you should never do upon receiving an IRS audit notice. is ignore it. Avoiding this may make things worse for you. You should do one of two things upon receiving an IRS audit notice in the mail:

Respond as quickly as possible;
Consult your audit representative on whether you should ask for more time to gather all the necessary paperwork.

Decide If You Need IRS Audit Representation

In the event, you can’t find or provide the requested information, consult with a professional to determine your next step. However, if you’ve been summoned to meet with an IRS agent, you should seek counsel from an authorized representative. This can be an experienced tax attorney or accountant who has handled similar meetings. Upon granting your audit representative power of attorney, you’ll no longer be required to sit in on the meeting.

As much as you might think hiring an attorney is a sign of guilt to the IRS agent, it frankly is their preference. By employing a lawyer to represent you, your requested information will be presented in a prepared and professional manner, ultimately making all parties’ lives easier.

Only Answer Their Questions

When meeting with an IRS agent, they will ask you specific questions regarding your tax information, in addition to requests for receipts and forms. Only around 2% of tax audits are random, so come prepared to share.

During the interview, answer all of the agent’s questions to the best of your ability. This is your chance to make your case against what the IRS believes. Convince them you’re being honest and forthcoming with all information.

Having said all of that, there’s no need to overshare. Simply answer the questions you’re asked with confidence and clarity. Your authorized representative will handle everything else for you.

Negotiate & Appeal

Following the audit, the IRS agent will conclude any further taxes and penalties owed. However, like any legal process interpreting the law, an appeal process is available. Appealing can be a form of negotiation as the IRS may consider striking a deal in order to prevent the prolonging of the case. Once again, this is a scenario in which hiring an audit representative, preferably an attorney with experience in tax negotiation, will significantly help your situation. An experienced tax attorney will know the IRS’ lawyers are willing to negotiate and settle in order to avoid going to court.

Types of Audit Representation Services

Understanding the different types of audit representation services is essential to ensure that the chosen service aligns proficiently with the taxpayer’s needs and the nature of the audit.

1. Full Representation

Full representation in the context of tax matters refers to the comprehensive advocacy and support provided by a tax professional throughout the entire audit process. This level of representation, executed by a qualified individual such as a Certified Public Accountant (CPA), attorney, or Enrolled Agent (EA), is pivotal in safeguarding the taxpayer’s interests and rights. The necessity for full representation emerges predominantly when the likelihood of legal repercussions is high or when the taxpayer, due to various reasons such as unavailability or incapacity, is unable to represent themselves adequately. In such instances, the chosen tax professional is entrusted with the responsibility to navigate through the intricate layers of tax laws, ensuring adherence to all relevant compliance norms, and advocating for the taxpayer’s position throughout the entirety of the audit procedure. This robust representation not only ensures adherence to legal protocols but also seeks to safeguard the taxpayer against any potential fiscal or legal disparities.

2. Partial Representation

Partial representation in tax matters entails a modality where a tax professional provides assistance or advice to a taxpayer to a certain degree without engaging in full-scale representation during an audit. The essence of this approach lies in its name – “partial,” implying that the professional’s involvement is limited and tailored to specific aspects of the audit process rather than encompassing a holistic advocacy or management of the taxpayer’s case. Typically, partial representation becomes a viable option in scenarios where audits are relatively straightforward and the taxpayer can navigate through most of its intricacies independently, yet seeks expert guidance in specialized areas. The taxpayer, while retaining primary control and responsibility over the audit process, leverages the tax professional’s expertise to adeptly navigate through complex, challenging, or ambiguous facets, ensuring compliance and precision in dealings with tax authorities.

3. Consultation Services

Consultation services in the realm of tax audit navigations signify the assistance where a tax professional furnishes pertinent advice, insights, and guidelines to taxpayers on maneuvering through the audit process. While the expert does not actively represent the taxpayer during the actual audit proceedings, the provided counsel aims to safeguard their client by ensuring adherence to all regulatory compliance and minimizing potential financial implications. This service becomes particularly salient for taxpayers who elect to manage the audit themselves, yet understand the criticality of expert advice to proficiently navigate through the multifaceted and often challenging audit landscape, thereby ensuring they are in strict compliance with all regulatory requisites and norms. The blend of autonomy and professional advice that consultation services offer is often pivotal in securing favorable audit outcomes while simultaneously alleviating potential missteps in navigating complex tax legislations and audit protocols.

Choosing the Right Type

When delving deeply into the multifaceted world of audit representation services, the selection of the most fitting type is significantly influenced by several pivotal factors, encompassing the complexity of the audit, the taxpayer’s acumen in tax matters, and potential legal implications. The complexity of the case plays a vital role; typically, more intricate cases demand a full representation to navigate through the multifaceted nuances and regulatory compliance intricacies that such audits entail. Meanwhile, the taxpayer’s expertise in tax matters also shapes the decision-making process; those who possess substantial knowledge might find that they only require consultation services to guide them through the auditing process, as opposed to full or partial representation. Additionally, financial considerations cannot be ignored. Full representation, while comprehensive and potentially providing a higher degree of reassurance and expertise, tends to be financially more taxing than opting for partial representation or mere consultation services. Thus, the selection of an audit representation type must astutely balance these aforementioned aspects to ensure apt, financially prudent, and effective audit navigation.

Primary Qualifications for Audit Representatives

Understanding the core qualifications for audit representatives demystifies the process and allows taxpayers to make informed decisions while selecting a representative.

Certified Public Accountant (CPA)

A Certified Public Accountant (CPA) embodies a pinnacle of proficiency and credibility in the field of accountancy, substantiated by a blend of comprehensive training and successful navigation through a demanding examination. This designation is conferred upon individuals who have demonstrably mastered a variety of accountancy and tax-related topics, ensuring that they are well-equipped to provide pivotal assistance with tax preparation, financial auditing, and representational duties before taxing authorities. To earn this prestigious title, candidates must not only fulfill specific educational prerequisites—often entailing a bachelor’s degree in accounting or a related field and a certain number of study hours dedicated to accountancy—but also surmount the Uniform CPA Examination. This examination, recognized for its stringent standard, assesses aspirants on their knowledge and acumen in areas like auditing and attestation, financial accounting and reporting, regulation, and business environment concepts, thereby ensuring that only those with an adept understanding of these pivotal domains are permitted to bear the CPA title. Moreover, CPAs are typically obligated to adhere to a strict code of ethics and engage in continuous professional education to maintain their certification, ensuring that their knowledge and skills remain relevant and up-to-date amidst the evolving landscape of the financial and tax sectors.

Enrolled Agent (EA)

An Enrolled Agent (EA) occupies a distinctive niche in the realm of tax professionals, holding a specialized license issued by the Internal Revenue Service (IRS) that empowers them to represent taxpayers during IRS interactions, such as audits, collections, and appeals. EAs boast a formidable proficiency in the sphere of tax regulations, a competency underscored by their need to either successfully navigate the rigors of the Special Enrollment Examination (SEE) or leverage applicable IRS work experience to secure their credentials. Further buttressing the integrity of their practice, EAs are mandated to adhere scrupulously to stringent ethical standards and engage in continuing education, ensuring they remain adept navigators of the ever-evolving landscape of tax laws and policies. Moreover, EAs are granted the right to represent clients before the IRS across all fifty states, facilitating comprehensive, nationwide client representation without being tethered to specific geographic constraints. This positions EAs as invaluable allies to taxpayers, providing adept guidance and advocacy through the intricate and often daunting channels of IRS proceedings.

Tax Attorney

Tax Attorneys, operating within a specialized subset of the legal profession, exert a primary focus on navigating the complex web of tax law. This specialized profession mandates a foundational qualification of earning a Juris Doctor (JD) degree, coupled with licensure from the pertinent state bar association to ensure the legitimate practice of law. Furthermore, these attorneys often pursue additional credentials, such as a Master of Laws (LLM) in Taxation, to underscore their expertise in the niche field of tax law. They play a pivotal role in assisting clients – which can range from individuals to multinational corporations – in comprehending and maneuvering through the labyrinthine structure of tax codes, regulations, and policy. Additionally, tax attorneys represent clients in court cases involving tax disputes, audits, and controversies, acting as a shield against potential legal ramifications and striving to mitigate liabilities. Their expertise is not confined to legal representation but also extends to providing sagacious advice in tax planning and compliance, ensuring that their clients are not only defended but also enlightened and strategically positioned in their fiscal endeavors.

What Can an IRS Tax Representative Do For Me?

Our clients can benefit from our expertise in a number of ways. We will advocate on your behalf in a professional and legal procedure. A qualified lawyer will help you stand up to the financial documentations noted against you by the IRS.

Our team has detailed some of the various ways we can help you fight against and settle tax disputes:

  • Act as a direct line of communication
  • Identify which portion of your return is being audited
  • If applicable, eliminate a proposed tax issue
  • Negotiate an IRS-suggested total tax problem
  • Present an Offer in Compromise (OIC)
  • Present an Installment Agreement
  • Protect your rights as a U.S. taxpayer
  • Financial savings; to not pay what you do not owe
  • Help on Notice CP22E
  • Maintain and organize necessary paperwork
  • Defend audit and appeal if applicable

Victory Tax Lawyers’ experienced attorneys display a strong skill set and determination in the practice of law. Our team can help you file taxes, in addition to handling your situation in the event of an IRS tax audit.

With an impressive combined number of years of academic and professional experience, our attorneys understand the practices of the Internal Revenue Service to its full extent. Our attorneys have dedicated themselves towards navigating taxpayers through what may seem to be an endlessly complicated process. But you need not worry.

Our attorneys have been providing IRS Representation for our clients for years. With a proper letter of representation, audit processes will be a breeze for our clients. At Victory Tax Law, we navigate our clients through every step of the way to instill confidence and assurance throughout their tax-filing season.

If you have been audited by the Internal Revenue Service, or have any questions regarding our services, please contact Victory Tax Lawyers today. Visit our website for more information regarding the firm, our services, and any legal updates surrounding the Internal Revenue Service’s rules and practices.

Schedule A Free Consultation Today


Audit Representation: Frequently Asked Questions

What is audit representation?
Audit representation, often referred to as tax audit representation, involves having a tax professional defend your case before the tax authorities in the event of an audit. The representative handles all correspondence, documentation, and interactions with the tax authority, ensuring your interests are robustly defended.
Who can represent you in an audit?
Typically, Certified Public Accountants (CPAs), Enrolled Agents (EAs), and attorneys are qualified to represent taxpayers in an audit. Each has specific qualifications and areas of expertise that can be beneficial depending on the nature and complexity of the audit.
How can an audit representative assist me?

An audit representative can assist you by:

  • Handling all communications with the tax authority.
  • Preparing and presenting all necessary documentation.
  • Navigating through tax laws and regulations to defend your case.
  • Advising you on the best course of action throughout the audit process.
Is audit representation necessary?
While not mandatory, audit representation is recommended, especially in complex audits or when substantial financial implications are at stake. An experienced representative can navigate through tax laws efficiently and potentially mitigate penalties and financial burdens.
When should I seek audit representation?
It's advisable to seek audit representation as soon as you receive notice of an audit. Early involvement of a representative allows ample time for preparation and strategy development, which can be pivotal for managing the audit effectively.
How do I choose the right audit representative?

Choosing the right audit representative involves considering their:

  • Qualifications and expertise in tax laws and audits.
  • Experience with similar cases.
  • Fee structure and affordability.
  • Approach to client communication and case management.
Can I handle an audit myself?
Yes, handling an audit yourself is possible, especially for simpler cases. However, due to the complexities and potential ramifications involved in tax audits, hiring a professional representative is often beneficial.
What are the possible outcomes of an audit?

The possible outcomes of an audit can include:

  • No changes to the tax return and no additional liability.
  • Adjustments to the tax return, which may result in additional tax, penalties, and interest.
  • A refund if it's determined that you've overpaid taxes.
What are my rights during an audit?

Taxpayers have specific rights during an audit, including the right to:

  • Professional and courteous treatment by tax authorities.
  • Privacy and confidentiality about tax matters.
  • Representation by a qualified professional.
  • Clear explanations regarding any decisions made in their case.
What should I expect during an audit process?

During an audit, you should expect:

  • Requests for specific information and documentation.
  • Possible meetings with tax authorities (handled by your representative if you have one).
  • A final resolution, which could be acceptance of your tax return as-is, or adjustments that result in additional tax, penalties, or a refund.
How much does audit representation cost?
Audit representation pricing can fluctuate significantly, influenced by factors such as case complexity, representative fees, and audit duration. Ensuring a clear understanding and agreement regarding the fee structure with the representative prior to employing their services is vital.
Can an audit result in legal actions?
In some instances, if significant discrepancies, fraudulent activities, or tax evasion are detected, legal actions may be initiated by the tax authorities. Audit representation can potentially mitigate these risks by ensuring compliance and strategic handling of the audit.
How long can an audit last?
The duration of an audit can range from a few weeks to several months or, occasionally, even longer. It heavily depends on the complexity of the case, the availability of required documentation, and the responsiveness of the taxpayer or representative.
Can I appeal the outcome of an audit?
Yes, taxpayers often have the right to appeal the outcomes of an audit. The appeal process and permissible time frame can vary by jurisdiction, so it's essential to discuss potential appeal options and strategies with your audit representative.
What should I do if I can't afford the extra tax due?
In the event that paying the extra tax due is financially unfeasible for you, establishing a payment plan with the tax authority may be a viable option. Your audit representative can help you navigate through the alternatives available and assist in arranging a payment strategy that is workable for you.
Can past returns be audited?
Yes, tax authorities typically have a specific time frame (often around 3-7 years, varying by jurisdiction) during which they can audit past returns, especially if they suspect discrepancies or fraudulent activities.
What steps can I take to minimize the possibility of upcoming audits?
To mitigate the likelihood of subsequent audits, it's paramount to file your tax returns with precision, completeness, and punctuality, while also maintaining meticulous documentation. Strict compliance with tax laws and regulations is crucial. Furthermore, seeking guidance from a tax expert during the filing process can further diminish potential risks.
What is the role of documentation in an audit?
Proper documentation substantiates the information declared in your tax returns, providing evidence for incomes, deductions, credits, and other tax-related information, and is vital during an audit to validate your compliance and accuracy.
Is it possible for a business to undergo regular audits?
Although any business might experience an audit, routine audits are typically not standard unless a history of persistent discrepancies exists, the business functions in an industry deemed high-risk, or it encounters intricate tax scenarios that necessitate ongoing examination by tax officials.
What happens if I disagree with my audit representative?

If disagreements arise, it's crucial to communicate openly with your representative. If resolutions cannot be found, you may consider seeking a second opinion or opting for a different representation to ensure your interests are adequately defended.