Facing an audit can be an intimidating prospect for anyone, but it can be particularly stressful for real estate investors due to the complex nature of real estate taxation. An audit involves the Internal Revenue Service (IRS) reviewing your tax returns to verify accuracy and compliance with tax laws. However, with proper preparation, you can navigate the audit process confidently. Here are steps to prepare for an audit on real estate income taxes.
1. Understand the Audit Process
The first step is to understand what the audit process entails. Typically, the IRS will notify you by mail if you’re being audited. The notice will specify the items on your return that they want to examine, and the documents you need to provide.
2. Consult a Tax Professional
As soon as you’re aware of the audit, consult a Certified Public Accountant (CPA) or tax attorney who is experienced in real estate taxation. They can guide you through the process, help you understand what the IRS is asking for, and represent you during the audit, if necessary.
3. Organize Your Records
The IRS may ask for various documents, including bank statements, receipts, invoices, and contracts related to your real estate transactions. Also, any records demonstrating your real estate expenses, such as repair and maintenance costs, mortgage interest, property taxes, insurance, and depreciation, will be important. Be ready to provide evidence of rental income and any other revenue from your properties. Having these records organized and easily accessible will make the process smoother.
4. Review Your Tax Returns
Revisit the tax returns in question and familiarize yourself with the information you reported. Cross-reference your returns with your financial records to confirm their accuracy. If you find any mistakes, bring these to the attention of your tax professional immediately.
5. Understand the Tax Laws
Understanding the tax laws related to your real estate income is crucial. You should be familiar with how rental income is reported, how property expenses are deducted, how depreciation is calculated, and how capital gains or losses are treated. Your tax professional can help explain these laws and how they apply to your situation.
6. Prepare Your Responses
Before the audit, prepare your responses to potential questions the IRS may ask. Your tax professional can help anticipate the types of questions that might arise and can advise you on how to respond accurately and honestly.
7. Stay Professional and Cooperative
During the audit, it’s important to stay professional and cooperative. Provide the requested documents promptly, answer questions truthfully, and avoid providing more information than what’s asked for. Remember, the IRS auditor is doing their job and their goal is to ensure accuracy and compliance with tax laws.
8. Know Your Rights
As a taxpayer, you have certain rights during an audit. You have the right to professional and courteous treatment by IRS employees, the right to privacy and confidentiality about tax matters, and the right to appeal disagreements, both within the IRS and before the courts. If you feel any of your rights have been violated, inform your tax professional immediately.
In conclusion, preparing for an audit on real estate income taxes can be a complex process, but it doesn’t have to be daunting. With thorough preparation, organized records, and the guidance of a tax professional, you can confidently navigate the process. The key is to understand the laws pertaining to real estate taxation, keep meticulous records, and be honest and forthright in all your dealings with the IRS.
-Advise RE, PC
As a CPA, my background has been almost entirely focused on the real estate industry since my start in public accounting back in 2005. Over the past 10 years, I’ve also been a real estate developer, where I completed numerous projects in the city of LA, primarily ground up apartment buildings. I am also a licensed real estate broker in the state of California.
I love to help people out with their tax and operational problems and coach clients and colleagues on best practices to increase their wealth through real estate investment strategies.