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■   Office, field, large business, and   Audit rates over time
           international cases, including high-
           wealth individuals;
                                                                                  Tax
                                                                                            Tax
         ■   Correspondence exams; and                                            year     year    Change
                                                                                                      in
         ■   Underreporter inquiries (CP 2000).
                                                                                  2017     2010    coverage
           Normally, a taxpayer who qualifies for
         the earned income tax credit (EITC) has   Individual income tax
         income under $100,000. The relatively   returns, total                     0.5%    1.0%    -50.5%
         high audit rate for the EITC includes
                                                Size of total positive income:
         the IRS EITC anti-fraud initiatives.
                                                 No total positive income           6.8%   20.6%    -67.1%
           To understand the significance of
         the 2019 audit rates, it is important to   $1 to under $25,000             0.6%    1.0%    -44.2%
         compare them with those of prior years.   $25,000 to under $50,000         0.2%    0.6%    -60.3%
         The table “Audit Rates Over Time”
                                                 $50,000 to under $75,000           0.3%    0.7%    -51.2%
         compares audit rates for tax years 2017
                                                 $75,000 to under $100,000          0.4%    0.7%    -36.2%
         and 2010. Here we can see a dramatic
         decline in the percentage of taxpayers   $100,000 to under $200,000        0.4%    0.8%    -44.5%
         audited over the eight-year period, with
                                                 $200,000 to under $500,000         0.4%    2.3%    -82.1%
         the largest decreases in the highest
                                                 $500,000 to under $1,000,000       0.9%    3.6%    -76.3%
         income categories.
           The IRS claims to aggressively audit   $1 million to under $5 million    1.8%    8.2%    -77.5%
         high-income taxpayers and businesses;   $5 million to under $10 million    3.1%   13.5%    -77.1%
         yet these statistics show that even by
                                                 $10 million or more                5.8%   21.5%    -73.1%
         2017 the overall audit rates had declined
         precipitously, with high-income returns   Returns with EITC                1.0%    1.8%    -44.8%
         seeing the greatest decline in audits.
         For example:                         Corporation income tax returns, except Form 1120-S
         ■   Audit rates for individual income tax
                                              Returns other than Forms 1120-C and 1120-F, by size of balance sheet
           returns with total income between
                                              assets:
           $200,000 and $500,000 declined by
                                                  $10 million to under $50 million  3.8%    8.8%    -56.3%
           82.1%.
         ■   Corporations with assets between     $50 million to under $100 million  9.0%   18.9%   -52.4%
           $250 million and $500 million had      $100 million to under $250 million  9.6%   21.6%   -55.5%
           audit rates reduced by 66%.
                                                  $250 million to under $500 million  8.2%   24.2%   -66.0%
           The Transactional Records Access
         Clearinghouse (TRAC) at Syracuse         $500 million to under $1 billion  10.6%   29.8%   -64.6%
         University noted that in 2021, “out of   $1 billion to under $5 billion  16.1%    46.1%    -65.0%
         over 160 million individual income tax
                                                  $5 billion to under $20 billion  31.4%   65.7%    -52.2%
         returns that were filed, the IRS audited
                                                  $20 billion or more             56.5%    86.7%    -34.8%
         659,003 — or just 4 out of every 1,000
         returns filed (0.4%)” (Syracuse Univer-
                                              Partnership returns                   0.1%    0.5%    -79.3%
         sity TRAC, “IRS Audits Poorest Fami-
         lies at Five Times the Rate for Everyone   S corporation returns           0.2%    0.4%    -53.2%
         Else” (March 8, 2022)).
           “All but 100,000 of the 659,000
         audits were conducted [by correspon-  Source: IRS, Data Book, 2021, and Data Book, 2020,Table 17. Individual
         dence]” (id.). TRAC also notes that “over   returns include all Form 1040-series returns except Forms 1040-PR and
         half of these correspondence audits were   1040-SS, which are included in international returns. In general, total positive
         targeted at [EITC recipients]” (id.).  income is the sum of all positive amounts shown for the various sources of in-
                                             come reported on the individual income tax return and, thus, excludes losses.
           In fiscal year 2021, the number of
         those with over $1 million of positive



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