Sometimes you might be assigned an IRS examiner who’s difficult to deal with. It happens and it’s not out of the ordinary. It might be for a variety of reasons. Examiners, after all, are human beings. They might be having a bad day when you come in for your audit. It might be something as arbitrary as the examiner not liking you. Whatever the reason may be, an irate examiner can be difficult to deal with. There’s no option to just walk away (although you can ask for a recess – more on that later). The only thing to do is make the best of the situation. Here are some tips for dealing with difficult examiners during your IRS audit from the Law Office of Jin Kim.
If you are being audited by the IRS, call Sacramento tax lawyer Jin Kim at (916) 299-9913 for a free consultation.
Don’t Attempt To Bribe The Auditor
Let’s get one thing out of the way first. It might be tempting to offer something to the examiner, in the hopes of swaying him or her in your favor. Don’t do it – you can go to jail for offering the IRS auditor a bribe. IRS examiners are strictly trained to not accept any remuneration from people they’re auditing. If you’re subject to a field audit, some of them might accept a cup of coffee or some refreshments before diving into the task at hand but that’s about it. Don’t bother offering anything of value to the examiner. It might actually have the opposite effect and give them a negative impression of you.
You can try to establish a rapport with the examiner in different ways. Asking them how they are at the start of the meeting is a good start. It’s a courteous talking point and harmless opening to what will be an hours-long meeting. Try asking about their work, how long they’ve been in the IRS, etc. Just make sure that you don’t reveal any information that might incriminate you later on.
Unreasonable Auditors
Some auditors may be difficult to deal with. It might seem like they are out to get you or make the process as difficult as possible. If the situation feels like this, refrain from becoming hostile. There’s no need to fight fire with fire. Respond with politeness and directness. Just because someone is being rude to you doesn’t mean you have to stoop down to their level. This tactic might work, but if it doesn’t, you’re well within your rights to ask for a recess.
A recess doesn’t really stop the audit. It just allows you to take a break and cool your head. To ensure that the examiner will grant your request for a recess, tell them that you need to consult with a tax professional before you can continue with the audit. Under the law, IRS examiners are legally required to grant the request for a recess if this is the reason. There’s no need for you to actually consult a professional when your request has been granted – although it wouldn’t hurt to do so.
Asking for a recess can be a powerful tactic. An IRS examiner’s performance is judged on the number of cases they close. The examiner will not be keen to prolong the process of your audit, especially when it’s near completion. Asking for a recess might result in the examiner changing their demeanor towards you during the process in an effort to close the case.
But what if the recess doesn’t help at all? Sure, in some instances the auditor may be in a better mood when you come back for your second meeting. But what if the auditor is still rude, or unprofessional – or worse? You’re not out of options yet. You can always ask to see his or her manager and report their behavior and unprofessionalism. You can politely ask to be assigned a different auditor. There’s no assurance the request will be granted, but there’s no harm in trying.
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