The word “audit” is sure to strike fear in most individual taxpayers and business owners. After all, nobody wants to receive a letter from the Internal Revenue Service (IRS) stating their tax returns and financial matters are being investigated. While you can’t predict exactly when the IRS will decide it wants to audit you, there are definitely triggers that you should avoid. Here are five red flags that could trigger an IRS audit.

1. You did not report all your income
Not reporting all your income is a big red flag to the IRS. This is not just income you received and paid taxes on, which would likely have been sent to you as a W-2. This also includes 1099 income earned as an independent contractor. And remember, an organization does not need to issue you a 1099 if they paid you less than $600. But the IRS still expects you to report that income on your tax return. You also need to report income received from brokerage accounts, rental property and distributions from a college savings account to pay tuition.

2. You made large charitable donations
Donating to charity is a worthy expense and are a great way to decrease your tax liability. But too much of it can also raise a flag to the IRS. The IRS will look to see if your donations are disproportionately large compared with your income. You also need to make sure you file the IRS Form 8283 if you’ve made a non-cash donation of more than $500. This is common with vehicle donations or art.

3. Not being quite honest about your business expenses
If you own your own business or are a sole proprietor, you likely itemize and write off all your business expenses to decrease your tax liability. This is expected. However, the IRS look for expenses that are a bit out of the ordinary, such as excessive meals that are deemed an expense, or travel that may include more than business. Additionally, the IRS is strict about how much a vehicle can be written off as a business expense, or the exact square footage of a home office.

4. Earning more than $200,000
The IRS generally likes to audit those that make a substantial amount of income. If you’re an individual that makes more than $200,000, that can set off a red flag and your chance of being audited increases. Similarly, if you own a business with more than $10 million in assets, your chance of being audited are increased compared to that report less.

5. Reported losses from your hobby
It may be frustrating to start a new hobby and invest money into the endeavor, only to lose that money. But the IRS isn’t so sympathetic. The agency has specific rules and guidelines for what qualifies as business and what is a hobby. And if you claim losses for a hobby, that can often be a red flag to the IRS to start the audit process.

If you do receive a notice of audit from the IRS, it’s not the end of the world. Don’t try to work with the agency yourself. Consult an experienced San Francisco tax attorney or professional to help you navigate the IRS and your red flag risks.

Allison Soares is a partner and tax attorney at Vanst Law. It doesn’t matter the issue: audits, collections, appeals, international disclosures, grumpy people— Allison enjoys fixing tax problems. In addition to her legal work, she has worked in accounting and utilizes that knowledge to her advantage while handling cases involving the IRS and state tax problems.

Allison Soares

Allison Soares, a renowned tax attorney, excels in representing clients before the IRS, FTB, EDD, and CDTFA. With a Bachelor of Arts in Finance from the University of Wisconsin, Milwaukee, and a transformative teaching stint in Brazil, Allison’s diverse background enriches her legal expertise. She pursued law at St. Thomas University School of Law, Miami, complementing it with an MBA in accounting and forensic accounting. Further honing her skills, she obtained a Master of Laws in Taxation from the University of San Diego School of Law. As an adjunct professor at San Diego State University, Allison imparts her knowledge in tax procedures, practice, and ethics. Her accolades include being named Best of the Bar by the San Diego Business Journal and multiple Super Lawyer recognitions. Committed to community service, she volunteers with Forever Balboa Park and Friends of Balboa Park. Allison’s authoritative contributions in tax law are showcased through her publications and speaking engagements.
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Brandessa Hale
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I can't recommend Allison enough! She helped me successfully navigate a stressful EDD audit with expertise and grace. Not only is she incredibly smart and thorough, but she's also genuinely kind—something you don’t always expect from an attorney. Her support and guidance made all the difference. If you need a tax attorney who knows her stuff and truly cares, she's the one to call!
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Robin Christiansen
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Thank you Allison for all of your help and knowledge, and your strong team And referrals. I am beyond grateful. You went above and beyond my expectations.
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Dee Thibodeau
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2024- Working with Allison has been an incredibly smooth experience both times I’ve worked with her. Her expert advice and the support she provides are outstanding, and we’ve had nothing but positive results each time. 2020- I was so impressed with her work during an EDD audit. I would HIGHLY recommend Allison to anyone going through an EDD Audit. From the very first 3 minutes of speaking with her, she was super helpful and professional, while also making me feel like I was talking to a friend, which really helped calm my anxiety. Allison was dedicated to helping us achieve the best possible outcome and was honest about all scenarios, even preparing us for the worst. We ended up with the VERY best outcome because of how she guided us through the process and made sure we had everything ready to tell our story to the auditor. If you want someone who truly listens, understands your business, and will be your biggest advocate, call Allison now! Be ready because she’s quick to respond with both calls and emails.
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Nadine Kunal
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Very thoughtful, concise, and honest advice provided. Would recommend her council to my family.
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Alex L
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We retained the services of Allison Soares for a recent IRS audit. The IRS was claiming we owed an exorbitant amount of money. After interviewing several qualified attorneys, Allison was the obvious choice. During this very stressful time for our family, we appreciated how knowledgeable and responsive she was from the very first call. Her professionalism and commitment to our case was truly impressive. She pointed out a few critical points, that another attorney may have missed, which we believe helped our case immensely. She guided us through this complicated process with great success and we could not have been happier with the outcome of the audit. We are 100% satisfied with her work and would highly recommend her to anyone seeking legal tax advice. Thank you so much Allison, we are truly grateful for all your hard work.
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Daniel Klein
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I called this office to have a tax issue clarified for me. I have never received more candid, honest, and useful information. I would highly recommend Allison Soares.
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Parisa Ansari
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Allison Soares is incredibly knowledgeable, prompt, and helpful. Her detailed expertise in tax matters made my experience exceptional. Highly recommended!
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Allen Wang
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I received an EDD audit letter for my small s-corp business. I feel nervous. Fortunately I found Allison. I talked with her on phone today about my business and my concern, she gave me very solid suggestions and confidence to handle this. She is very honest and I highly recommend her to anyone who has trouble with EDD audit!
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Elie Nader
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Allison Soares is a great tax attorney. She helped my business navigate an difficult tax situation and I am very happy with the outcome