Being audited...

13 replies [Last post]
Jeff Lewis's picture
Jeff Lewis
Offline
Joined: 09/12/10 8:08PM

Joy of joys, I got that letter from the IRS that every self-employed person lives in dread of... multi-year audit! Just two years, actually, 2009 and 2010. So I have to appear in person for an all-day interrogation in a couple weeks. I'm pretty sure I do have receipts for all the expenses I claimed but there's still much that's confusing to me. For instance, I do of course write off all of my touring travel expenses, like flights - but how do I prove that I was actually on tour during those periods?? Can I just say I was on tour? Will they care?
Anybody have any personal experience of this stuff?
On one hand I'm not worried - I do have receipts and they're divided into categories and all of that. On the other hand I don't know how rough the questioning/evidence process is, and like I say I don't really know how I would prove some things if the burden of proof is on me.

Barry Bliss's picture
Barry Bliss
Offline
Joined: 08/02/10 9:00AM
Bottom Line

All you can do is be honest.
Myself, I would confess to my auditor that I feel scared and unsure.
They meet many people that put on a big front and make their job harder.
I would ask him or her to help me through it and I'd let them know that I was certainly willing to make an extra payment if somehow I had missed something.
Put yourself at their mercy and allow them to take an interest in you and help you out.
If after all that you get fined--so what. Your still alive, relatively healthy and making music.
Pay the fine and move on.

elisaf's picture
elisaf
Offline
Joined: 08/27/10 9:44AM
It might be good to bring a

It might be good to bring a print out of your tour schedules for that period from your web page.

Jeff Lewis's picture
Jeff Lewis
Offline
Joined: 09/12/10 8:08PM
I think that's both good

I think that's both good advice... Ben also recommended talking to an accountant he knows who has specific experience with freelance musicians (which I believe my accountant does not)...

MMM's picture
MMM
Offline
Joined: 08/19/09 11:28AM
Yeah! Paul Kirby is the man!

Yeah! Paul Kirby is the man!

"Here to do great things."

rachel's picture
rachel
Offline
Joined: 08/27/10 12:16AM
ouch

I have been through an audit before and it was pretty nerve-racking. A few things I did not know...
I had an accountant who had done my taxes for those years even though I "self-filed." I thought I had to go to the audit by myself but it turns out I could have brought my accountant with me. Silly me, I was told I owed a great deal of money and paid it that day (I think it was something like, if I paid that day, they would waive the interest charges). Later, my accountant reviewed the paperwork and said the case worker had done things incorrectly. But, since I had gone ahead and paid, it would really be impossible to recover any $. So, if you have an accountant that prepared your taxes for those years, I suggest taking them with you. Also, know that these case workers are people and can make mistakes too.
The more organized you have everything, the better. The case manager will ask you specific questions, want to see receipts, etc. It makes everything go more smoothly if you know where everything is (like an itemized receipt list).
good luck!

Barry Bliss's picture
Barry Bliss
Offline
Joined: 08/02/10 9:00AM
I recommend Paul to any of

I recommend Paul to any of you.

Even when I just have a W2 form and no musical expenses/deductions I mail him my stuff.

He charges a reasonable rate.

He does them fairly, so 2 years down the road you don't get in trouble.

Jeff Lewis's picture
Jeff Lewis
Offline
Joined: 09/12/10 8:08PM
Hey Rachel, more info?

Rachel, I'd like to know more about your tale to avoid a similar fate!
What exactly made them decide you owed extra money?
When you say it was a lot of money would you be comfortable letting me know how much (and/or how it correlated with the issues in your paperwork)?
Also, when they threatened to charge you even more in interest if you didn't pay up immediately, how much more in interest would that have been? At that point would it have been worth risking the interest payment to THEN make an appointment with your accountant, after the audit, to make sure he/she agreed with the results? I wonder, if your accountant had been brought in and disproved any of their findings, if you would have not had to pay the threatened interest.
Jeff
weja5@yahoo.com

Steve E.'s picture
Steve E.
Offline
Joined: 08/29/10 12:59PM
This happened to me a few

This happened to me a few years ago. I have an accountant. You should get one to help you on this.

If I understand correctly (DON'T quote me on this) they can only pick a couple of line items to see in detail. In my case, they asked to see "Meals and entertainment." lucky me, I had more than enough evidence to cover the amount I claimed.

I didn't have to meet the case worker. My accountant took care of that.

I ended up having to pay them a pittance, if that. It was worth paying the accountant.

Big pain, though. Sorry.

Happy to chat more on it.

EDIT: Did you use ATMs while touring? Bank statements can be pretty good proof of certain things if you don't have receipts. But geez, there are probably reviews of shows, etc out there. posters?

Bee K's picture
Bee K
Offline
Joined: 07/30/10 10:54AM
The irony is that more of us

The irony is that more of us get audited during Democratic presidencies since the IRS gets more funding. :)

I suck with my receipts, but you need them. But the nice thing about places like Guitar Center or any other store that has a purchase record for you is that they can print anything out from any year. Purchases via Amazon, Paypal, Ebay, iTunes, and instrument companies like Musicians Friend or Sweetwater should also have records. Check to see if any indie stores you frequent for gear keep records (sometimes you might not remember if they asked for your number, but if they did, then they can call up sales on their system).

Jeff Lewis's picture
Jeff Lewis
Offline
Joined: 09/12/10 8:08PM
I do have all of my receipts,

I do have all of my receipts, but what I never got from my own accountant was a very clear list of how to organize them and what could be counted and what couldn't, etc., so that's the part I'm nervous about, since I'm about to come face to face with the authorities about what exactly the officially allowed uses of these receipts are.
By the way, here's some info from Paul Kirby:

We can work together at your convenience. Most clients make an appointment that usually takes about an hour. Appointments can be anytime that's convenient, even evenings or weekends. I ask them to bring their previous year's tax returns, along with current W-2's, 1099's, any other income documents, as well as a listing of items they wish to use as possible tax deductions. If you’re not sure about something, put it in the “not sure” column and bring it. In some cases, clients prefer to email or snail mail their materials and deal with questions over the phone or email.

If you have a business, please separate business expenses (such items as computers, cellphone, etc.) from personal expenses (such as medical, charity, taxes). I would like to see your W-2’s and 1099’s if you have any, but I don’t need expense receipts, only the totals for each category. (Do keep these yourself.) Exception: If you bought any big ticket items (like a computer or a car, for example), I need date of purchase, cost of the item, and percentage business use, even if they were purchased in previous years but you’re still using them for business.

Regarding business expenses: Transportation expenses involve going from one place of business to another, out-of-town travel for business purposes, or going from your home/office to “gigs,” but NOT commuting (traveling from your residence to your principal place of business.) If there are gray areas here, you and I will have to be the judge of what is business travel and what is not. Deductible meals include meals taken at meetings held for business purposes and meals taken when staying out-of-town overnight for business purposes. They are only 50% deductible, so they must be separated from other expenses (hotels, etc.). Out-of-town overnight business travel can also use specific per diem rates for meals rather than actual costs. You are expected to keep a written contemporaneous log of meal and transportation expenses, documenting the expense and business purpose.

A somewhat overlapping category is "office in the home," for those who have an area (it doesn't have to be a separate room) that is used regularly and exclusively for business purposes. If you wish to claim a deduction for office in the home, I will need the total square footage of your home and the square footage used as office. Also, all expenses associated with the home: rent or mortgage interest, utilities, taxes, repairs, maintenance fees if you have a co-op or condo, etc.

If you have a car or van that you use for business purposes, I will need the mileage used for that purpose, mileage used for commuting, and the total mileage used during the year.

Your home telephone is not deductible, even if you keep it in a home office; LD calls for business purposes on this line are deductible, as is a second line used for business. Most clients who have a land line and cell phone use their cell phones for business and deduct them. New item: The IRS now will allow an assumption ("safe harbor") of 75% business use for cellphones unless you document that they are used more or less than that.

Keep in mind, for a musician, any expenses of purchasing stereo equipment, CD's, tickets to concerts, etc., are business purchases and are generally deductible. As an actor, films purchased or viewed, tickets to plays, etc., are business purchases. Similar types of deductions apply to other professions. Exception: The IRS does not allow gym memberships, physical training, etc., as a business deduction, EVEN IF one is a professional athlete, dancer, or other professional who obviously needs or benefits greatly from such memberships or training.

If you need to estimate any of the items above, do your best to be accurate. I will accept whatever you give me, but, if you are ever audited, the IRS will want substantiation. Very round numbers, such as $1,000 for meals, may look suspicious.

Any question that begins with "Do I have to report....?" will be answered "yes". The IRS requires you to report all income, other than small gifts and child support payments. (Sometimes, as in the case of the sale of a principal residence or a gift from a relative, which, if in small amounts, is an exception and need not be reported, the income may be partially or fully excludable from taxation.)

Regarding my fees, most clients pay between $155 and $225, although it can be much less for very simple returns. If you need to call me at any time during the year to ask a quick question, there is no additional charge. I want to encourage my clients to call with questions that will help them to organize their tax matters better, and, possibly, pursue more advantageous tax strategies.

I also send out occasional email "alerts" to inform clients of various deadlines, changes in tax law, etc., that may affect them. The emails are sent out bcc, so no one else receives your email address, and I generally send out 4 or 5 per year at most. Would you like to be included on this list?

Directions for those making an appointment:
1. A train to 190th Street. Take the elevator up; you'll get out on Ft. Washington Ave. Turn left; go one long block to 190th St.; turn right. Go 1 short block to Cabrini Blvd., and turn left. 1st building on the right is 360 - apartment 1D. Buzzer is 1-3-2.
2. By bus: M-4 to 190th St. It stops just past the intersection. Go back to 190th and go right 1 block to Cabrini Blvd., and turn left.
3. By car: Fort Washington Ave. north from 181st St. or GW Bridge to 187th St. Go left to Cabrini Blvd. (next available right) Go one block north on Cabrini.
4. At the apartment lobby, punch 1-3-2 in the telephone pad.

Yours,

Paul H. Kirby
Kirby Tax Services
360 Cabrini Blvd., #1D
New York, NY 10040
212 781-8489
646 249-4382 (cell)
Phkirby@juno.com

MMM's picture
MMM
Offline
Joined: 08/19/09 11:28AM
Hey!

So, it looks like, if you are a musician, buying from the OJ distro is tax deductible!!! Just a little more than 2 weeks left.

"Here to do great things."

beau's picture
beau
Offline
Joined: 09/01/10 9:44PM
that's lots of v good advice

that's lots of v good advice from everybody, esp in noting that gone are the days when the irs operated by terrorizing people (although if you were a political target that'd be a diff story) . . i only want to add that you're small-fry to them, the auditor knows this and though s/he may want to do a good job, s/he knows perfectly well that you're not hiding millions from them (it wouldn't hurt to at some point let drop the fact that on the road you almost always stay with friends & not at hotels for budgetary reasons [e.g the fuff episode about staying with a stranger in romania]) and s/he just wants to get through the interview without making mistakes that will look bad on hs/hr record. treat hm/hr like a human being, just as i would expect the jeff lewis that we all know to do naturally. the only things that'll get their goat are arrogance, anger or servility from the auditee.

~ beau

dizozza's picture
dizozza
Offline
Joined: 08/31/10 2:35PM
Please say hello to Paul Kirby for me...

I know Paul as a wonderful composer... When is your next concert, Paul? and yes, I was audited. turned out I was due a refund!..The IRS employees want to be helpful... theoretically they're working for us...We're all working together, and our money is going toward a good cause...The operating expenses of our government! Peter