IRS Employment Tax Audit Initiative
The IRS announced a three-year nationwide employment tax audit initiative that began February 2010. Under the audit initiative, the IRS plans to audit 6,000 randomly-selected taxpayers over the course of three years. The majority of businesses will be small companies although the IRS will audit large companies as well. The initiative stems from a continuing research effort with the IRS called the National Research Program and is designed to address a perceived shortfall in the collection of employment taxes due primarily to misclassification of employees as independent contractors.
Many of the employment audits will focus on the classification issue but will also focus on additional areas such as fringe benefits including section 409A deferred compensation, executive compensation, backup withholdings, and Forms 1099. These audits will likely be time consuming and run concurrently with an income tax audit or result in an income tax audit if the auditor learns information that would warrant a closer look at certain income tax items.
Some states may also be preparing to conduct similar employment tax audits with a similar revenue-raising goal. The states may find some assistance in these efforts through information sharing agreements between the IRS and state taxing agencies. States may also keep apprised of misclassification actions being filed against employers across the country.
» Read more: Tax News – IRS Employment Tax Audit Initiative and Innocent Spouse Relief Claims