Does IRS Target Business Types?

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Question or Topic

Every so often, someone asks me, "I know it's legal for me to take _____ (insert your favorite tax deduction or strategy here). But will having it on my return trigger an audit from the IRS?"

 

The Answer

I'm sorry, but I don't know. I really don't. Nobody knows exactly what will trigger an IRS audit. The Internal Revenue Service closely guards the guidelines and formulas it uses for determining who will be audited, which makes sense. Sure, tax pros can make educated guesses about what returns might be more likely to draw the IRS' attention. But none of us can say with certainty that something will or will not lead to an audit.

However, one thing I do know is that the IRS is getting more and more sophisticated when it comes to training its auditors about how businesses operate, and in identifying areas of opportunity for, um, increased government revenues.

The most visible evidence is called the "Market Segment Specialization Program" (MSSP). This is an ongoing effort by the IRS to arm examiners with detailed information on common practices, standards and ratios for a host of industries. The idea is that if the examiner knows how businesses in an industry typically operate, he or she can more quickly and thoroughly audit a specific company within that industry.

The IRS has been developing MSSPs for years, and currently there are 59 industry guides. Among the industries covered: attorneys, bed-and-breakfast establishments, used car dealers (insert your own joke here), architects, bars and restaurants, auto body shops, beauty shops, ministers, the cattle industry, garment manufacturers, tour buses, drywallers, child care providers and sports franchisers.

These "Audit Techniques Guides," as the IRS calls them, aren't little leaflets or one-page summaries — they can run to 30 or more pages of single-spaced type. By reading one, you can learn a lot about the approach an auditor may take in doing a detailed examination of a business. And the detail can be amazing.

Some examples:

Artists and art galleries: This guide discusses typical revenue splits between artists and galleries, and even gives one-sentence summaries of abstract, cubism, pop, post-impressionism and other art movements.

Among the recommendations for the auditor: Ask for all records of consigned art received, returned and sold in the year, as well as for all shipping records and canceled checks. (The canceled checks might lead to research into returns of specific artists.)

Interesting understated quote: "This MSSP Guide concentrates on the use of 'third party' contacts in proving income, since the use of cash can be an integral part of the artist's lifestyle."

The wine industry: This MSSP paper takes auditors through the process of making wine, beginning with the initial land clearing for planting and developing the vineyard. The guide also discusses costs per acre to establish a vineyard and produce grapes; the equipment, investment, and business overhead costs, and details about bench grafts, trellising, irrigation and other factors involved in wine production.

Among the recommendations for the auditor: Verify grape sales by checking out the weight tickets required by the federal Bureau of Alcohol, Tobacco & Firearms. Confirm that all costs associated with manufacturing during the production period — including costs incurred during the aging process — are capitalized rather than expensed.

Interesting understated quote: "Wineries will often pre-release wines to wine writers or for other promotional purposes. This is done for marketing reasons and does not terminate the aging process for that lot of wine."

The music industry: Auditors get an overview of how the music industry is structured, how records are produced, the major unions for musicians, the role of promoters in concert tours and other key factors.

Among the recommendations for the auditor: Find out if the songwriter belongs to any music industry unions — the unions often keep records of the income earned by musicians. Get royalty statements from third parties like ASCAP, contracts with all publishers and collaborators, and other related statements. Auditors dealing with "star" performers will probably find that these individuals are excellent sources of information about their work itself — when, where, how and with whom they work — but don't know a great deal about how their tax return is prepared.

Interesting understated quote: "There are many checks and balances in the industry on income reporting, but some activities such as playing small clubs for the door receipts, love offerings at concerts and churches, and concession sales at the small locations, etc., present situations where income may go unreported."

Bonus interesting understated quote: "Vacation homes [may be] used by songwriters as a retreat and a place to think. This is not allowable as an ordinary and necessary expense."

 

Check out the audit guide for your industry

 

Here's the great thing about these guides: They're public documents. The IRS even has posted most of them on its own Web site. Want to see if the IRS has something to say about your industry? Click here.

Architects

Artists and Art Retailers

Auto Body and Auto Repair

Auto dealers

Gasoline & Convenience Stores

mssp/auto_used_car_dealers.pdf

mssp/auto_wash.pdf

Awards & Settlements

mssp/beauty.pdf

Beauty and Barber Shops

Business Consultants IRS Study

Carpentry

Child Care

Coumputer Industry

Construction Industry

Drywallers

Garment Contractors

Garment Manufacturers

Gasoline & Convenience Stores

Lawsuit Awards and Settlements

Liquor Retailers

Manufacturing Industry

Ministers

Oil and Gas Industry

Restaurants and Bars

Shareholder Loans

Trucking and Truckers

Veterinarians

Solutions are dependent upon facts & circumstances, law and the objectives.  These elements vary from one time to another, from one circumstance to another and from person or entity to another

My Name    

 

Market Segment Specialization Program

The Market Segment Specialization Program focuses on developing highly trained examiners for a particular market segment. A market segment may be an industry such as construction or entertainment, a profession like attorneys or real estate agents or an issue like passive activity losses. An integral part of the approach used is the development and publication of Audit Techniques Guides. These Guides contain examination techniques, common and unique industry issues, business practices, industry terminology and other information to assist examiners in performing examinations.
[ Click for Text Only Version ]
Audit Techniques Guides are available here in Adobe PDF format, and must be viewed with the Acrobat Reader. Several guides are now also available to View On-Line in HTML.
A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z 

Alaskan Commercial Fishing: Part I - Catcher Vessels - ( 7/95    280K )
Specifically structured around the Alaskan industry but may be used as an outline for commercial fishing industry in other regions.


Alaskan Commercial Fishing: Part II - Processors & Brokers - ( 7/95    229K )
Concentrates on issues to be considered during audit of fish processing plants; larger, vertically integrated organizations; and fish brokers. Specifically capital assets and transactions and foreign related party transactions.
Alternative Minimum Tax For Individuals - ( 12/99    304K )
(View On-Line)
Discusses brief history of Alternative Minimum Tax (AMT). Provides line-by-line instructions for computing AMT on Form 6251. Includes prior law (prior to 1993) and current law (1993 to 1998).
Architects - ( 1/95    111K )
Provides an examiner with background information when conducting the audit of an architect. Also useful for construction industry audits.
Artists and Art Galleries - ( 4/97    243K )
Concentrates on use of "third party" contact to prove income since cash can be an integral part of the artist's life-style.
Auto Body and Repair Industry - (8/95    247K)
Overview of the industry. Discusses some issues that may be encountered - including other sources of income; cost of sales; employment taxes; etc.
Auto Dealerships - (8/2000    719K)
(View On-Line)
Discusses books and records, inventory, aftersale financial products and other issues unique to the industry These may include related financial companies, covenant not to compete, advertising associations, etc.
Aviation Tax - (2/99    301K)
(View On-Line)
Pertains to excise taxes imposed on commercial and non-commercial aviation. Discusses which set of taxes applies to which type of flights.
Bail Bond Industry - (7/97    230K)
Overview of the industry. Provides terminology. Potential issues include gross income, BUF accounts, collateral, etc.
Bars and Restaurants - (2/95    274K)
Overview of the industry. Includes all types of entities from sole proprietorships to large franchises. Discussion of employment taxes - tip income.
Beauty and Barber Shops - ( 7/95    65K )
(View On-Line)
Overview of the industry as well as audit techniques on reconstructing income.
Bed and Breakfasts - ( 5/93    226K )
Discusses potential issues commonly found. Includes: sources of income other than room rental; business vs personal expenses; hobby vs trade or business.
Business Consultants (ATG) - ( (04/01    265K )
This audit techniques guide is a tool to be used by examiners to assist in identifying frequent and unique issues associated with the business consulting industry.
Carpentry/Framing - ( 2/99    181K )
(View On-Line)
Supplement to the Construction ATG. Provides audit techniques which apply primarily to small businesses engaged in remodeling, home improvement, carpentry, woodworking, framing and residential building.
Car Wash Industry - ( 8/98    249K )
(View On-Line)
Overview of the industry. Potential issues include gross receipts, inventory, depreciation, etc. Discusses various indirect methods for reconstructing gross receipts.
Child Care Providers - ( 3/00    87K )
(View On-Line)
Overview of industry. Includes baby sitters, family day care, child care centers and home care. Potential issues may include inadequate recordkeeping, gross receipts, food reimbursement, etc.
Coal Excise Tax - ( 2/98    258K )
Provides excise tax agents with specific tools to examine issues relating to domestically produced coal. Based upon 1993 law.
Commercial Banking - ( 5/01    701K )
Overview of the industry. Discusses potential issues and terminology unique to banking.
Commercial Printing - ( 4/97    378K )
Discusses potential issues frequently encountered. Includes cost of sales (work in process), IRC section 263A, omission of certain direct material items from inventory, etc.
Computers, Electronics and High Technology - ( 3/98    334K )
Discusses inventory, cost of sales, research and development, deferred revenue and international issues.
Contruction Industry - ( 7/98    417K)
Overview of the industry including a glossary. Discusses types of contracts; types of contractors (large, small, home builder); change of accounting method; and joint ventures.
Drywallers - ( 8/98    101K )
Overview of the industry. Addresses specific aspects of a drywall contractor's business - business/economic environment; relationship with general contractor; cash vs accrual method of accounting.
Entertainment - Important 1040 Issues - ( 4/95    248K )
(View On-Line)
Covers performers, producers, directors, technicians, other workers in the film and recording industries and live performers. Discusses performing for compensation; searching for work; and maintaining skills.
Entertainment - Music Industry - ( 3/94    254K )
(View On-Line)
Overview of the industry. Covers song writers, publishers, performers, record producers, managers and videos.
Farm Hobby Losses -( 03/01    400K )
The Market Segment Specialization Program (MSSP) Audit Techniques Guide (ATG) on IRC Section 183 Farm Hobby Losses has been developed to provide guidance to Revenue Agents and Tax Auditors in pursuing the application of IRC Section 183 with respect to horse activities and cattle operations.
Farming - Specific Income Issues and Farm Cooperative - ( 7/97    98K )
Overview of the industry. Discusses potential for unreported income from primary farm income and nonfarming sources.
Furniture Manufacturing - ( 7/97    502K )
Overview of industry with emphasis on California businesses. Discusses balance sheet analysis, sale and income issues, cost of goods sold, Maquiladoras and expenses.
Garden Supplies - ( 2/00    235K )
(View On-Line)
Concentrates on retail and wholesale aspects of garden supplies (garden centers and equipment dealers, greenhouses, nurseries and mulch companies). Provides suggested audit techniques for examiners and discusses potential issues.
Garment Contractors - ( 6/97    289K )
Overview of the industry. Entities responsible for the construction and assemble under supervision of the manufacturer.
Garment Manufacturers - ( 4/97    340K )
Overview of industry. Entities that design the garment, procure fabric and materials, coordinate all aspects of the construction of the garment and sell finished product to retailers.
General Livestock - ( 4/00    306K )
(View On-Line)
Provides a focus on the business of breeding, raising, buying and selling livestock.
Grain Farmers - ( 7/95    451K )
(View On-Line)
Overview of the industry. Provides terminology. Topics discussed include underreporting of income, employment taxes, accounting methods, government farm programs, etc.
Hardwood Timber Industry - ( 2/98    366K )
Provides general and technical information useful to examiners in classifying, preplanning and examining returns relating to this industry.
Independent Used Car Dealer - ( 4/96    442K )
Overview of the industry. Discusses dealers not affiliated with an auto maker, whose principal business is the sale of used cars.
The Laundromat Industry - ( 6/00    126K )
(View On-Line)
Provides an explanation of water consumption analysis for reconstructing unreported income from the operation of a laundromat. This method is to be used only when there is a reasonable indication of unreported income.
Lawsuit Awards and Settlements - ( 01/01    380K )
(View On-Line)
This guide focuses on taxability of law suit awards and settlements.
Low Income Housing - ( 10/99    508K )
(View On-Line)
Provides examiners with technical support for identifying and developing issues related to IRC section 42.
Manufacturing Industry - ( 5/98    749K )
Overview of the industry. Emphasis on change of accounting method, IRC section 263A, and inventory.
Masonry and Concrete Industry - ( 8/98    72K )
Provides industry practices; description of the industry; potential issues and terminology.
Ministers - ( 4/95    118K )
Discusses several potential issues commonly found on ministers' tax returns. Includes: employee vs. independent contractor, parsonage allowance.
Mobile Food Vendors -
( 4/95    481K )
(View On-Line)
Focuses on food catering trucks and espresso carts.
Mortuaries - ( 5/93    474K )
Overview of the mortuary and cemetery industry including structure and function; governing laws; industry terminology; accounting practices, etc.
Oil and Gas Industry - ( 5/96    494K )
Provides information on basic operations and common terminology. Includes reference to royalty owners and an introduction to financial products.
Passive Activity Losses - ( 2/96    1,247K )
Provides examiners with specific guidance on potential audit issues, issue identification and lead sheets and other job aids. Examples and citation are based on 1994 law.
Pizza Restaurants - ( 9/95    148K )
Focuses on small, individually owned pizza restaurants. Includes the ingredient markup method for reconstructing income.
Placer Mining - ( 7/99    181K )
(View On-Line)
Provides guidelines for the examination of taxpayers in this industry. Focuses on small mining operations represented as sole proprietorships on Schedule C, but can be adapted for partnership and corporate returns.
The Port Project - ( 8/95    282K )
Provides examiners assistance in auditing industries related to coastal and inland waterways.
Reforestation Industry - ( 8/95    120K )
(View On-Line)
Overview of the industry. Discusses some issues that may be encountered - including employment taxes; poor accounting records; etc.
Rehabilitation Tax Credit - ( 9/94    353K )
(View On-Line)
Provides examiners with audit aids (i.e. issue checksheet, pro forma Information Document Request, and standardized audit reports, etc.) which assist in identifying and addressing common rehab tax credit issues.
Retail Liquor Industry - ( 7/97    299K )
Overview of the industry with respect to the state of Massachusetts. Provides examiners with background information on the industry.
Scrap Metal Industry - ( 2/99    245K )
(View On-Line)
Provides overview of industry, glossary and examination techniques for both purchasers and sellers of scrap metal.
Shareholder Loan (ATG) -( (06/01    254K )
This guide has been developed to provide guidance in addressing arm's length concerns, the timing of interest recognition, and the allocation of interest and principal. This guide addresses only issues regarding loans to shareholders.
Sports Franchises - ( 8/99    411K )
(View On-Line)
Focuses on major league franchises. Potential issues may include revenue (sponsorship, broadcast, season tickets), strike fund payments, stadium issues, player contracts, purchase/sale of franchise, league expansion, etc.
Taxicabs - ( 5/93    294K )
(View On-Line)
Provides a formula for reconstructing income/gross receipts. Also discusses employment tax issues.
Tobacco Industry - ( 3/96    174K )
Focuses on techniques for examining tobacco farmers, dealers and warehouse operations.
Tour Bus Industry - ( 6/97    187K )
Includes charter tours, scheduled daily tours, airport shuttle, limousine service and car rental agencies paying mostly cash commissions for reservations and referrals made by hotel employees.
Trucking Industry - ( 9/95    433K )
(View On-Line)
Overview of the industry includes freight forwarders, shipper's agents, consolidators, break-bulk agents, custom house brokers, distributors and warehousers.
Veterinary Medicine - ( 2/99    227K )
Overview of industry includes discussion of types of business entity (especially personal service corporation); cash vs accrual method of accounting; and inventory vs supplies.

Looking for other Audit Techniques Guides?    Many additional titles are now available for sale by the Superintendent of Documents.

 

 

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