December 6, 2009

Getting Through to the IRS

No, this is not about how to get your phone calls answered by the IRS. It's about how to communicate with the IRS when there is a need to.

The general rule of thumb is you do not communicate with the IRS unless they contact you first. Suppose you get an email from the IRS. That would be a sure sign it is NOT a genuine IRS-sent email. The IRS will never initiate a communication with you via email, no matter how official the document in the email looks. Many taxpayers erroneously assume that because you can file your tax returns through the Internet, that the IRS now sends emails when they want to contact you. Once again, the IRS will NEVER communicate with you this way, even if you send an email to it first. If you have a question about your taxes, consult a tax professional like an accountant. Do not make your enquiry via email to the IRS.

If you get an email purportedly from the IRS, forward it to phishing@irs.gov. Do not open any attachment contained in it and do not reply to the email. The person who sent it is attempting to steal your identity and personal details like your Social Security or bank account numbers.

So if the IRS mails you a letter via snail mail about your taxes (for example, an audit letter), respond back by snail mail also. If you disagree with the way the IRS has recalculated your taxes, submit to them all relevant documents that prove your case, including receipts for legitimate expenses or a letter explaining how you calculated your taxes. For instance, if the IRS claims that you did not declare the bank interest you received on your savings as income, you might write in your letter that you had declared it under a separate Form or Schedule and enclose a copy of the relevant document. Also tell the IRS the date you submitted your return and enclose a copy of your postal receipt as proof of delivery.

In general, keep hard copies of every document including proof of postage. No matter how you communicate with the IRS (for example over the phone), you need to put everything down in writing. Do not fax anything to the IRS. There is no way you can ensure it gets to the correct person in charge.

If you can afford the disputed amount of taxes, it is advisable for you to pay it even though you intend to contest the amount later. This is to prevent accumulation of interest on your taxes and subsequent penalties. After all, if you are exonerated then what you have paid will either be refunded or held in credit to you to be applied to your future taxes.

And finally, if you are asked to talk to an IRS auditor at the local IRS office, it is advisable to get a professional to represent you instead of going there personally. Your representative will be able to do a better job than you.

Darrin T. Mish is a veteran, nationally recognized tax attorney who has focused on providing IRS help to taxpayers for over a decade. He regularly travels the country training other attorneys, CPAs and enrolled agents on how to handle their toughest cases with the IRS. He is highly ranked among the top attorneys in the country, with an AV rating from Martindale-Hubbell and a perfect 10 on Avvo.com. Martindale-Hubbell has also honored him with a listing in their Bar Register of Preeminent Lawyers. He is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. With clients on every continent but Antarctica, he has what it takes to solve your IRS problems no matter where you live in the world. If you would like more information about his practice and how he can help you, please call his office at (813) 229-7100 or toll free at 1-888-GET-MISH.

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