The IRS is Still Ironing the Details of its Treasury Audit Directive

Sep 4, 2024

By: Nick J. Richards. Esq. and Consultant Ben Gelt*

The Internal Revenue Service (IRS) is struggling to determine at what level to conduct audits of small businesses and earners under $400k. TIGTA, the Treasury Inspector General for Tax Administration, is an agency tasked with auditing the IRS’s various programs. Last month, it released a report showing the IRS has yet to make final determinations about audit levels for earners under $400k and that married couples may have a higher audit risk.

According to TIGTA:

The IRS is not currently considering the potential of a marriage penalty that would subject married couples filing jointly with a combined total positive income of $400,000 to the same audit risk as an individual taxpayer with a total positive income of $400,000. When asked if this would be unfair to those married taxpayers, the IRS stated that the 2022 Treasury Directive made no distinction between married filing jointly and single households, so neither will the IRS.

Further, there are various definitions of “small business” in the Internal Revenue Code. For example, the 2017 Tax Cuts and Jobs Act defined “small business” for purposes of Section 471(c) as those with revenue below $25 million. But it seems the IRS has yet to decide if it will use a similar measure:

Along with the directive not to increase audits on individuals with incomes under $400,000, the 2022 Treasury Directive also includes small businesses. However, the Treasury Department and the IRS have not yet defined small business with regard to the 2022 Treasury Directive.

IRS Audits

IRS audits can be cumbersome and there is a lot to know. There are three types of audits: civil, office, and field. It’s important to know that overall audit rates are low and that the best way to avoid audits is to proactively and transparently manage your tax returns and file in a timely manner every year. Should you receive a letter, we are here to help. The Greenspoon Marder tax controversy team has years of experience resolving tax disputes and includes a former IRS trial attorney and Tax Court Clerk.

For those with significant income or slightly complex finances working with a trusted CPA and tax attorney may be advisable. As always, an ounce of prevention is worth a pound of cure. However, we are here to support you at any point if you need help with the IRS.

*Not an attorney

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The IRS is Still Ironing the Details of its Treasury Audit Directive

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