*The following article was updated in March 2024*

Very few things spark fear in a person more than the receiving a notice from the Internal Revenue Services (IRS) that says you’re being audited. While being audited is a scary prospect, it’s actually a common practice and really just a way for the IRS to make sure your previous tax returns do not have discrepancies in what you reported. Many people fear this practice because they are unsure of what the IRS is looking for in the audit. Let’s look at some of the most common reasons for an IRS tax audit.

Failing to Report Income – The biggest way to trigger an IRS audit is to not report all you’re income. This is especially true if you are self-employed. Every bit of income you receive that’s reported on a Form 1099 must be reported on your tax return. And if you try to keep it off your return, the IRS will likely find out since they already received a copy of 1099 from the business that paid you. If you fail to disclose the income, especially on multiple occasions with several Form 1099s, your likelihood of an audit is great.

IRS Computer Score – The IRS had a computer system that every tax return is run through. The system is designed to detect anomalies in tax returns and compares the returns against other similar ones. Some of the things the system looks for are duplicate information reported, such as two people reporting the same deduction or credit. For example, two parents both report their child as a dependent on their return. The computer system picks up on these discrepancies and will flag the return for a potential audit.

You Have Several Itemized Deductions – The IRS expects taxpayers to claim several deductions, with some of the most common being mortgage interest, student loan interest, child dependent tax credits, retirement contributions, and charitable donations. However, one thing that will trigger an audit is the reporting of several itemized deductions on a tax return. For example, claiming $7,000 in charitable donations when you only make $30,000 may raise a red flag with the IRS.

Other audit triggers, especially for individuals who are self-employed, are claiming a home office or the business use of a vehicle. Hobby-related deductions, or when a taxpayer is deducting expenses they spent on a hobby and not one that earns income, is also a strong audit trigger.

The Earned Income Tax CreditThe Earned Income Tax Credit (EITC) is a benefit for working people with low to moderate-income. The EITC reduces the amount of tax you owe and may give you a refund, and increases with the number of children dependents you claim on your tax return. Claiming the EITC is an automatic trigger for an audit because you must qualify for the credit under certain requirements. If those requirements are not met, you will get a notice of an audit.

Amended Returns – An amended return often serves as a red flag to the IRS, especially when taxpayers try to amend their return from a prior year as quickly as possible.

IRS audits can be a scary prospect, especially when you don’t know what the IRS is looking for when they start the process. Don’t try to navigate an IRS audit by yourself. Working with an experienced tax professional or attorney can save you time and money, and help put your mind at ease during such a challenging process.

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 problems. In addition to her legal work, she has worked in accounting and utilizes that knowledge to her advantage while handling cases involving EDD audits.

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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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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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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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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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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Allison Soares is a great tax attorney. She helped my business navigate an difficult tax situation and I am very happy with the outcome