IRS Business Audits: A Comprehensive Look at What Happens Next

The Knock On The Door You Can Prepare For

Business tax audit—those three words can instantly trigger stress for any business owner. While worry and frustration are common reactions to an audit notice, it’s important to know that being audited doesn’t necessarily mean you’ve done something wrong.

A business tax audit is simply a review by the IRS (or a state tax authority) to verify that your tax returns are accurate and compliant with tax laws. The IRS uses risk assessment systems to select returns, considering factors like unusual deductions or industry comparisons. While only a small percentage of businesses are audited, preparation is key if you are selected.

Most audits are completed within 12 months, and the outcome depends heavily on your records and cooperation. The process can feel overwhelming, but with the right knowledge and professional guidance, you can steer it successfully and even strengthen your business practices.

About Your Guide

I’m Attorney Samuel Landis, Managing Partner at Segal, Cohen & Landis. With over 15 years of experience in resolving complex IRS controversies, including business tax audit defense, I’ve developed proven strategies to help businesses achieve favorable outcomes. As a former adjunct professor of tax law with an LL.M. in Taxation, I’m here to guide you through the process with confidence.

Why Your Business Might Be Audited: Understanding The Selection Process

Ever wonder why some businesses get audited while others don’t? The IRS doesn’t pick names out of a hat. It uses a methodical, data-driven approach to select returns for examination.

How the IRS Chooses Which Returns to Audit

The IRS relies on a sophisticated screening system to flag returns that may contain errors. At the heart of this is the Discriminant Function System (DIF), a computer program that assigns a score to your return based on the likelihood of error. High-scoring returns are reviewed by an IRS agent, who then decides if an audit is necessary.

Another key method is industry comparisons. The IRS has data on typical profit margins, expense ratios, and deduction patterns for businesses in your sector. If your numbers deviate significantly from these norms, it can trigger scrutiny. For example, if most restaurants report food costs at 30% of revenue and yours shows 50%, the IRS might want to know why. Random selection also occurs, but it’s rare; most audits are triggered by risk-based factors.

Common Red Flags and Audit Triggers

Even if you’re compliant, certain items can catch the IRS’s attention. Understanding these triggers helps you prepare your documentation.

• Large or unusual deductions: Deductions that are disproportionate to your income or industry averages are a major flag. Always claim legitimate deductions, but ensure you have rock-solid documentation to back them up.
• Continuous business losses: Claiming losses for several consecutive years can signal to the IRS that your venture might be a hobby, not a business. Be prepared to demonstrate your profit motive.
• High vehicle expenses: The IRS heavily scrutinizes vehicle write-offs, especially claims of 100% business use. Detailed, contemporaneous mileage logs are essential.
• Cash-intensive businesses: Operations like restaurants, salons, and car washes face heightened scrutiny because cash income is harder to trace. The IRS may perform a lifestyle analysis to see if your personal spending aligns with your reported income.
• Cryptocurrency transactions: The IRS is actively focusing on digital assets. Accurate reporting of all crypto holdings and income is critical.
• Mismatching income reports: The IRS automatically matches 1099-NEC and 1099-K forms against your reported income. Any discrepancy is an easy flag for an audit.
• Other triggers: Intermingling business and personal funds, failing to report tips, and claiming unreasonable home office deductions can also lead to an audit.

Understanding these red flags isn’t about paranoia—it’s about being prepared. Good documentation and honest reporting are your best defenses. For more insights, see our guide on Are You at Risk of an IRS Audit and How Far Back Can the IRS Go?

The bottom line is that most business tax audit selections are based on data patterns. Knowing what triggers an audit allows you to minimize your risk while claiming every legitimate deduction.

The IRS Business Tax Audit Process: A Step-by-Step Guide

Navigating a business tax audit is manageable when you understand the process. Here’s what to expect at each stage.

Receiving the Audit Notice: Your First Steps

The IRS always initiates a business tax audit by mail—never by email, text, or a surprise phone call. When the letter arrives, resist the urge to call the auditor immediately. Instead:

1. Stay calm and read the notice carefully to understand what tax years and items are being examined.
2. Inform key personnel, like your CFO or bookkeeper, but keep the circle small to avoid unnecessary anxiety.
3. Designate a single point of contact for all IRS communications. Ideally, this should be a tax professional.
4. Gather relevant documents for the years and items in question. Good organization from the start is crucial.

The Three Types of Audits

Audits vary in intensity. The IRS provides its own guidance on IRS audits.

• Correspondence Audit: The simplest type, conducted entirely by mail. You send requested documents to the IRS for review. These are for straightforward issues.
• Office Audit: You bring specific records to a local IRS office to meet with an examiner. These are for more complex issues than a correspondence audit but are still limited in scope.
• Field Audit: The most comprehensive type. An IRS agent visits your business or representative’s office for an in-depth review of extensive records. Professional representation is essential for a field audit.

The Examination: What the Auditor Reviews

During the examination, the auditor verifies that your tax return matches your financial reality. They will review:

• Books and Records: Your general ledger, journals, and internal accounting documents.
• Bank Statements: Both business and sometimes personal statements to trace income and verify expenses.
• Invoices and Receipts: The paper trail that substantiates your income and deductions.
• Payroll Records: Forms 941, W-2s, and 1099s. Auditors pay close attention to worker classification (employee vs. contractor). For more on this, see our article on Resolving Payroll Tax Issues: Expert Advice for Small Business Owners.
• Sales Records: Invoices, cash register tapes, and POS data to verify gross receipts.

Auditors can also access third-party information from banks, customers, and suppliers to complete their examination.

Concluding the Audit: Possible Outcomes

After the review, there are several possible outcomes:

• No-Change Report: The best outcome. The auditor finds no issues, and no adjustments are needed.
• Refund: In rare cases, the audit reveals you overpaid your taxes.
• Agreement with Proposed Changes: If the auditor finds you owe more tax and you agree, you’ll sign an agreement form and receive a bill for the tax, plus penalties and interest.

If additional tax is owed, expect penalties and interest. An accuracy-related penalty is typically 20% of the underpayment, but it can jump to 75% in cases of civil fraud. Interest accrues from the original due date of the return.

Disagreeing with the Findings: Your Right to Appeal

You have the right to challenge an auditor’s findings. An audit is a proposal, not a final judgment.

1. Discuss concerns with the auditor: Start by explaining your position and providing any additional documentation. Many issues are resolved here.
2. Meet with the auditor’s manager: A fresh perspective can help break an impasse.
3. File a formal appeal: If you still disagree, you can file a written protest with the independent IRS Office of Appeals. An appeals officer will review the case and has the authority to settle it based on the hazards of litigation.

Even while appealing, interest continues to accrue on the disputed amount. For a comprehensive guide, read our article: What to Do When You Disagree with an IRS Audit.

Your Rights And Responsibilities During An Audit

When facing a business tax audit, it’s crucial to understand that you have both enforceable rights and clear responsibilities. Balancing both puts you in a much stronger position.

Understanding Your Taxpayer Rights

The Taxpayer Bill of Rights provides 10 fundamental protections. Key rights during an audit include:

• The Right to Be Informed: The IRS must explain what they need and why.
• The Right to Quality Service: You are entitled to professional and courteous treatment.
• The Right to Professional Representation: You can hire a tax attorney, CPA, or enrolled agent to represent you. You do not have to speak directly with the auditor.
• The Right to Privacy and Confidentiality: The IRS must protect your sensitive financial information.
• The Right to Challenge the IRS’s Position and Be Heard: You can disagree with an auditor’s findings and appeal their decision through an independent forum.
• The Right to Pay No More Than the Correct Amount of Tax: You are not obligated to accept incorrect assessments.

Exercising these rights is not confrontational; it ensures you receive the fair treatment you’re entitled to under the law.

Fulfilling Your Responsibilities in a Business Tax Audit

Your cooperation and preparedness are critical to a smooth audit process. Your key responsibilities include:

• Keeping Adequate Records: You are legally required to maintain clear, organized, and complete financial records to substantiate all income and deductions. Without documentation, a legitimate expense may be disallowed.
• Adhering to the Record Retention Period: The standard guideline is three years, but we strongly recommend keeping records for at least six years. The IRS can look back six years for substantial income understatements and has no time limit in cases of suspected fraud.
• Providing Requested Documents Promptly: Respond to IRS requests on time, but only provide what has been specifically requested for the tax years under review. Do not volunteer extra information.
• Cooperating and Being Honest: Answer the auditor’s questions completely and honestly. If you don’t understand a question, ask for clarification rather than guessing.

The ultimate responsibility for your records and the accuracy of your return lies with you, even if you hire a professional. For specific guidance on employer obligations, our article on Payroll Tax Problems: Understanding Your Liability and the Need for Tax Attorneys offers essential insights.

Minimizing Future Audit Risk And Knowing When To Get Help

No one wants to repeat a business tax audit. Fortunately, you can take concrete steps to reduce your chances of future scrutiny and strengthen your financial practices.

• Maintain excellent records: This is your most important defense. Use accounting software, save digital copies of receipts, and reconcile your books monthly. For vehicle expenses, keep a detailed, contemporaneous mileage log.
• Separate business and personal finances: Open a dedicated business bank account and credit card. This eliminates a major red flag and simplifies expense tracking.
• File accurately and on time: Always file on time, and double-check that your reported income matches all 1099s and W-2s. Report all income, including cash and crypto.
• Understand your deductions: Only claim expenses that are ordinary and necessary for your business, and have documentation for every one. If you claim losses year after year, be ready to prove your business has a path to profitability.
• Get a professional review: Have a qualified tax professional review your returns before filing. Prevention is always cheaper than a cure.

When to Hire a Professional

While you can handle a simple correspondence audit on your own, many situations require expert help. Consider hiring a tax professional if:

• The tax situation is complex: Your business involves intricate transactions, international dealings, or complicated deductions.
• Large sums of money are at stake: If the potential tax liability, penalties, and interest are significant, professional representation is a wise investment.
• There’s potential for penalties or criminal charges: If the audit hints at fraud or other serious issues, hire a tax attorney immediately. They can provide legal protections that other professionals cannot.
• You need a single point of contact: A representative can handle all IRS communications, shielding you from direct interaction with auditors and reducing your stress.
• You disagree with the audit findings: A professional can advocate for your position and guide you through the appeals process effectively.

At Segal, Cohen & Landis, we provide comprehensive IRS Audit Representation to protect your interests. For businesses in the Los Angeles area, our guide on Business Tax Attorneys in Los Angeles: Key Insights offers valuable perspective.

Frequently Asked Questions About Business Tax Audits

After decades of helping business owners steer audits, we’ve found that certain questions come up repeatedly. Here are clear, honest answers to the most common ones.

How far back can the IRS audit my business?

The look-back period, or statute of limitations, depends on the situation:

• Standard 3-Year Rule: In most cases, the IRS can audit returns filed within the last three years.
• Extended 6-Year Rule: If you’ve substantially understated your gross income (by more than 25%), the IRS can go back six years.
• No Limit: If the IRS suspects fraud or if you never filed a return, there is no statute of limitations. They can audit you indefinitely.

Because of these rules, we recommend keeping meticulous records for at least six years. For a deeper dive, see our article on Are You at Risk of an IRS Audit and How Far Back Can the IRS Go?

How long does a business audit usually take?

The timeline for a business tax audit varies widely:

• Correspondence Audits (by mail) are the quickest and may wrap up in a few months.
• Office Audits (at an IRS office) typically take several months.
• Field Audits (at your business) are the most comprehensive and can easily last six months to a year or more.

Factors that influence the timeline include the complexity of your business, the quality of your records (disorganization is the number one cause of delays), and your level of cooperation. Most audits are completed within 12 months.

What are the consequences of an unsuccessful audit?

An “unsuccessful” audit means the IRS has determined you owe more tax. The consequences can be significant and typically include:

• Additional Taxes Owed: You will receive a bill for the underpaid amount.
• Substantial Penalties: The most common is an accuracy-related penalty of 20% of the underpayment. In cases of fraud, this can jump to 75%.
• Accrued Interest: Interest is charged on the underpayment from the original due date of the return and compounds daily.
• Liens and Levies: If you don’t pay, the IRS can place a federal tax lien on your property (damaging your credit) or issue a levy to seize assets like bank accounts or garnish wages.
• Increased Future Scrutiny: A past audit with significant adjustments can make you more likely to be audited again.

If you’re facing these issues after an audit, our team can help you explore solutions. Visit our IRS Tax Problems page to learn how we can help.

Conclusion: Turning An Audit Into An Opportunity For Strength

A business tax audit is a serious challenge, but it doesn’t have to be a disaster. With the right preparation and support, it can become a catalyst for strengthening your business’s financial health.

As we’ve covered, the businesses that steer audits most successfully are those that maintain meticulous records, handle communications professionally, and understand their rights. An audit forces you to examine your financial practices, and many businesses emerge with better systems and controls in place, making them more resilient for the future.

You have the right to professional representation, and you don’t have to face the IRS alone. Designating an experienced tax attorney as your point of contact ensures consistent messaging and allows you to focus on running your business.

At Segal, Cohen & Landis, we have guided businesses through business tax audits for over 33 years, serving more than 25,000 satisfied clients. Our team knows tax law and how to apply it strategically to protect your interests and achieve the best possible outcome.

Whether you’re facing an audit or want to strengthen your compliance practices, we’re here to help. Don’t steer the complexities of an IRS examination alone. Develop your IRS audit defense strategy with an experienced payroll tax attorney from our firm who understands what you’re up against.

Your business deserves expert representation. Let’s work together to turn this challenge into an opportunity for lasting financial strength.