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Here’s a tip that is worth reviewing each year as adjustments
to your income tax return may become apparent. This is often common with
the advent of changing tax rules and as the IRS finalizes rules on recently
passed tax legislation. But filing an amended tax return is not always the
answer. Here are some tips to consider.
Errors in the IRS’s favor
Errors
discovered that lead to an additional tax obligation are legally required
to be fixed by filing an amended tax return. This is especially true if the
discovered error is from missing information found on a Form 1099 or a Form
W-2. Why? This information is being reported to the IRS and matching
programs will typically catch the error. The sooner you amend your return and
pay the tax the lower the possible interest and penalties.
Errors that result in a lower tax liability
If correcting
the error or omission results in a large additional refund, the answer is
usually obvious. File the amended return. But this is not always the case.
- The
period of time during which the IRS can audit your tax return could be
extended. Federal tax returns are
typically subject to audit for three years after the original tax
return due date OR the date the return was filed, whichever is later.
If you file an amended tax return, the audit clock may change based on
the amended return filing date and degree of change requested. It may
trigger a request from the IRS to extend the audit review period. The
refund also resets the IRS’s erroneous refund recovery statute, adding
another two to five years during which a review by the IRS is possible
based upon the date of the latest tax return refund.
- The
amended return may become examined. Amending
a tax return puts a spotlight on your tax return. The IRS has certain
topics that trigger individual examinations when amended returns are
requested. Amended tax returns based on things like the Earned Income
Tax Credit, Qualified Business Income Deduction and the Research Tax
Credit for small businesses, could result in a visit from your local
IRS examiner. Because of this, keep all the necessary records to
substantiate your amended tax return close at hand.
- Amending
one tax return may require amending several other returns. Making
a minor change in one year may require you to make changes in other
tax years. Is it worth it?
- Don’t
forget other taxing authorities.
Making a change on your federal tax return may require you to file an
amended state or local tax return. Do not assume that an amendment in
your favor at the federal level will necessarily also be in your favor
at the state and local level.
- Don’t
expect the refund to be timely. Amended
tax returns can take a long period of time to be processed. There have
been cases where the IRS has delayed initial review of an amended
return for more than a year, then decided to examine the return. While
not typical, the process could take up to 18 months to resolve.
- Timing
is important. Remember there is also a
time limit to request a change to your tax return and receive an
additional refund. This is typically set at three years after the
initial filing deadline of the tax return. Make sure you file these
tax returns using certified mail. Should the IRS delay responding to
your amended return, you may need to prove it was filed timely.
- You
have a chip in your pocket. If the
refund amount is not large enough to justify an amended tax return,
still keep the documentation. Should you be chosen for an audit, you
can often present your case at that time to offset any additional tax.
While finding
an error or omission on your tax return can be unsettling, rest assured
there are ways to fix the problem, but it is often worth taking a balanced
approach to determine the best solution.
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