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?"
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.
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.
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.
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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