IRS TO BEGIN CONDUCTING RANDOM AUDITS OF EMPLOYMENT TAX RETURNS

Dateline:  November 2009

As part of the National Research Program that collects data used to measure federal tax payment, filing and reporting compliance, the IRS is going to start conducting random audits of employment tax returns in November 2009.  About 5,000 audits will be done over the next three years.  Even if your company has done nothing wrong and everything right, it could be selected at random for an audit.

 

AREAS OF INVESTIGATION

Here are the four main areas that the IRS will be investigating:

 

Worker classification - to see that companies are properly classifying workers as employees rather than as

independent contractors, if indeed they are employees.

Fringe benefits - to properly account for employee's personal use of business vehicles and other business property, as well as to make sure nondiscrimination standards are being properly applied.

 

Officer compensation - to be sure that salaries paid to owner-employees of C corporations are not unreasonably high so as to improperly reduce corporate taxes and that salaries paid to owner-employees of S corporations are not unreasonably low so as to avoid liability for employment taxes.

 

Reimbursed expenses - to make sure companies using accountable plans have proper substantiation and that reimbursements are being made for actual costs and not by flat dollar amounts or percentage allowances.

COMPANY RECORDS
To prepare for the possibility of an employment tax audit, please be sure that your company's records are in order.  Make sure that all of the following information is retained:

  1. Amounts and dates of all wage, annuity, and pension payments

  2. Amounts of tips reported

  3. The fair market value of in-kind wages paid

  4. Names, addresses, Social Security numbers, and occupations of employees and recipients

  5. Any employee copies of Form W-2 that were returned to you as undeliverable

  6. Dates of employment

  7. Periods for which employees and recipients were paid while absent due to sickness or injury and the amount and weekly rate of payments you or third-party payers made to them

  8. Copies of employees' and recipients' income tax withholding allowance certificates (Forms W-4, W-4P, W-4S, and W-4V)

  9. Dates and amounts of tax deposits you made

  10. Copies of returns filed

  11. Records of allocated tips

  12. Records of fringe benefits provided, including substantiation

 

 


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