Quantcast

Best Ways to Audit-Proof Your Tax Return

Advertisement

Survey Says

Advertisement

Don’t be afraid to take every deduction you’re entitled to. We don’t believe in not taking deductions just to try to avoid an audit. You can “audit-proof” your tax return against red-flag tax deductions—such as home-office expenses, medical expenses, charitable contributions, travel and entertainment expenses, business use of your car and business losses. How? By using our three-step audit-proof plan:

STEP 1: Keep a log.
STEP 2: Create an affidavit.
STEP 3: File a disclosure statement.

Here’s how you can use these three steps if, for example, you’re claiming a deduction for home office expenses:

STEP 1: Keep a log. Use a spiral notebook as a log book. Keep the log book in your home office and log yourself in and out each time you work there. It shouldn’t take you more than one minute each time. Merely write the date, the time you entered your office, briefly mention the work you did and the time you finished. Make your log as readable and consistent as possible.

STEP 2: Turn your log into an affidavit. An affidavit is nothing more than a sworn statement that validates your activities. To turn your log into an affidavit, once a month take your log to a notary public (most banks have one) and have it stamped and signed.

Now you’ve made it impossible for the IRS to come back and accuse you of having dashed off a defense of your deduction just prior to filing your taxes, or after receiving an audit notice.

Smart Money Move: To bring your log up-to-date for this year, have your appointment calendar notarized. The IRS considers an appointment calendar to be evidence of the work you’ve done at home. Having your appointment book notarized gives you an extra layer of protection.

STEP 3: Fill out Form 8275, the IRS Disclosure Statement. Call the IRS at 800/TAX-FORM and ask them to send you Form 8275. On this statement, you let the IRS know that you have supporting documents for any potentially controversial claim that appears on your tax form. You fully disclose the facts and present evidence showing you have a reasonable basis for making the claim. This way, even if your claim turns out to be erroneous, you don’t get hit with penalties.

By filing Form 8275, you outmaneuver the IRS. The IRS is more likely to pick a fight with the guy who doesn’t tell them that he’s got enough ammo to blow their claim out of the water!

That’s our three-step plan for audit-proofing your tax return. No plan is 100% foolproof, but this one’s darn close. Finally, remember to double-check your address, Social Security number, birth date and all the numbers on your W-2 or 1099 before you mail out your tax returns. An innocent error on these items can also trigger an audit.

For more help on audit-proofing, check out friend Dan Pilla's web site www.taxhelponline.com.

Related links:

Discussion:    Add a Comment | Comments 1-3 of 3 | Latest Comment

View unverified member's comment - posted by Roy Casi

February 16, 2010 2:48 AM

ARE YOU SERIOUS?!?!?  "HAVE YOUR CALENDAR NOTARIZED."

RE: http://www.dolans.com/article/41694/Best-Ways-to-Audit-Proof-Your-Tax-Return/;jsessionid=6F8BCF8621525CD59961CB70013476FB

link to article: "best ways to audit-proof your tax return..."

Do you have any idea what a legal notarization is?  Every state that I'm aware of actually prohibits notarizing a "thing" (calendar) that has been presented.

 A notary is an act.  An act of witnessing a signature; an act of receiving an oath.  A proper notary statement must be provided to the notary that subscribes to the act performed.  A notary (unless he/she is licensed to practice law) can NEVER provide the unsolicited statement or notary statement.

 It's because of advice like your own that I have had to upset many people over the years who were told to "just go get it notarized."  I can no more legally "notarize your calendar" than I can sell you my neighbor's house.  If I abide by the predict of my state Attorney General, I can only refuse the notary.  I can NOT tell you "how" to turn your calendar into a "notarizalbe" document (if I DO...I would be practicing LAW, and could be prosecuted for practicing law without a license).

YOU must bring the notary the exact documents and ask for EXACTLY what type of notarization you need.  If you do NOT, I can not "help."  So, bring me your calendar or your "logs"...I will respectfully refuse your notarization.  You will get upset.  I will not be able to explain or offer advice.  You will think I'm rude and my bank doesn't care about you.  I'm only following the law.

 YES, there are plenty of banks that provide uneducated and poorly instructed notaries that will "stamp and sign" almost anything.  Don't fault the good guys who follow the rules for your POOR and ILL advice to just "take it to your bank and have your calendar notarized."  Too bad you must bank with a bank that doesn't have well-prepared or well-educated notaries.  Please go to your own Secretary of State's website--notary division--and see if you can find ANY way to legally ask for your calendar to be notarized!

 I LOVE you guys and have followed your advice, columns, and shows for years.  However, I was very dissappointed to read your IRS advice on notarizing your substantiating documents!

February 22, 2010 7:37 AM

Mr./Mrs. Dolan; my wife is diasabled and after a long 4 years was awarded her disability. We received a lump sum with the breakdown of income for 2006, 2007, 2008 and the balance of the lump sum for 2009. Because the income is .085 percent taxable the worksheet for 20a and 20b was completed.
Income Adjustment was made on Schedule A on line 2 and 25 accordingly. My question is this because the legal fees paid to the attorney caused tax producing income, am I right in claiming the $5300 prorated over 4 years [5300/4=$1325 each] on line 23 Other expenses. I wrote in Legal expenses produced taxable income prorate 5300/4=$1325, and claimed $1325 on line 23. I also went in and made the appropriate calculations for Fed Tax refunded us and see we will have to pay back Federal but the State owes us. The State of SC has a really easy form and on line 38 I made appropriate income adjustments for the increased tax to be paid as well as on line 39 add in the income awarded by breakdown as permanent disability income now taxed on federal return. Question is, am I right to put in the complete dollar amount identified for that year [20a] or use the worksheet amount computed for 20b? I have not computed 2009 taxes yet but I have another wrench in the fire. My wife took her money from a State held account and although no penalty we still have $9k more to add as income. I am retired and receive a fixed income so we filing jointly don't qualify for any credits. AM I doing this right? Should I send it all in together or AMEND each year separately before I file 2009. Really not sure at this point which would be easier. Any way I look at it, we are still paying Federal back and getting more from the State but we are still losing overall. Is there anything I am missing? Please email me and I will send you information so you can determine if I am doing it right. Thanks for any help.

Discussion:    Add a Comment | Comments 1-3 of 3 | Latest Comment

Add Your Reply

(will not be displayed)

Email me when comments are added to this thread

 
 

Please log in or register to participate in this community!

Log In

Remember

Not a member? Sign up!

Did you forget your password?

close this window
close this window