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I am going to get audited, how long does it take for the IRS to settle the audit?

Asked by: emeka22uche 2857 views YA Discussion

Both my ex and I claimed our son on our taxes, so I know I am going to get audited. I also know that I am 100% entitled to be the one to claim him, so I’m not worried about not getting my return. How long does it take for the IRS to go through the audit process, and when should I expect my return? Weeks? Months? Less then six months? More than six months?

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5 Answers

  1. Krystal m on Feb 04, 2012 Reply

    My sister was audited in 2009 and got her return in 2011…2 yrs…. With that being said, I’m not sure if that’s the norm

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  2. Terri Greene Forwood on Feb 04, 2012 Reply

    How the IRS Selects and Handles Audits over Dependents
    The IRS computer systems automatically identify tax returns where two or more tax returns have claimed the same dependent. In IRS jargon, this is called a duplicate taxpayer identification number case, and all the procedures for handling such audits are outlined in the Internal Revenue Manual section

    The IRS will first attempt to guess which tax return is not entitled to the dependent, and the IRS will send audit letters to that person. If the IRS cannot determine which taxpayer is not-eligible to claim the dependent, then the IRS will randomly select one of the tax returns for audit. If the taxpayer successfully defends his or her tax return, then the IRS will automatically audit the other tax return or returns that claimed the same dependent.

    Defending Your Tax Return in an Dependent Audit
    You will need to provide documentation that you meet all the criteria to claim the dependent. You may need to prove your relationship to the dependent, that your dependent is a citizen of the United States, Canada or Mexico, that the dependent lived with you for more than half the year, and that the dependent did not provide more than half of his or her own financial support.

    Be aware that for most types of dependents, you will be asked to prove that the dependent lived with you for more than half the year. Be prepared to show documents such as school records or medical records that indicate both you and your dependent lived at the same address.

    You can see a list of acceptable supporting documents in IRS Form 886-H-DEP.

    You may also need to submit documentation to prove other tax breaks, such as proof that you provided more than half of the dependent’s support (for Head of Household status) or proof of child care expenses, medical expenses, or higher education expenses for various deductions or tax credits you took based on that dependent.

    Most of these audits take place through the mail. The IRS will mail you a request for information, and you will write back and provide any supporting documents. If you want, you can ask a tax professional to assist you in dealing with the IRS. Be aware that only attorneys, certified public accountants, and enrolled agents are authorized to represent you in an audit with the IRS.
    What if You Lose Your Audit?
    If you and the IRS auditor cannot come to an agreement over your dependents or any other issue on your tax return, you can appeal the decision of the auditor, or you can take your case to Tax Court. You may also want to consult with a tax professional to consider your options.
    How to Prevent an Audit over Dependents
    The best way to prevent an IRS audit over your dependents is to address the issue of who gets to claim the dependent before anyone files a tax return. Talking this over with family members can go a long way towards preventing problems.

    You should also carefully review all the criteria for claiming dependents. There are tie-breaker tests for deciding who gets to claim a dependent.

    Non-custodial parents are allowed to claim a dependent only if the custodial parent has provided a written release statement on Form 8332. Separated parents may want to consider splitting or sharing the various tax breaks related to a child.
    IRS Resources for Audits

    The Examination Process (Publication 556)
    Your Appeal Rights (Publication 5)

    IRS Resources for Kids and Dependents

    Tax Rules for Children and Dependents (Publication 929)
    Five Important Facts about Dependents and Exemptions
    Frequently Asked Questions about Dependents

    Hope this helps!! Best wishes and be blessed!! :)

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  3. tgranny on Feb 04, 2012 Reply

    i got audited in 2008…….it took 4 months before the released my money

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  4. ஐ♥Bethஐ♥ on Feb 04, 2012 Reply

    My sis in law had this happen to her.. It took forever to get her money back. 6 months or so.. She had to send them the court papers saying she had the rights and so on DRAMA

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  5. ? on Feb 04, 2012 Reply

    I myself got audited in 2009..I got everything resolved and got my refund in 2011..however,it was an amended return at the same time,so that may have delayed the process. So hopefully yours will be sooner. Good luck..and remember to send in all the documents they ask for asap..because the longer you take,the longer it will be.

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