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How to handle a tax audit after falsifying deductions - what to expect and next steps

I really messed up and I'm freaking out about being audited. I'm in my early 30s and have been working as an independent contractor in the entertainment industry since my mid-20s. The IRS is auditing my 2018 tax return where I reported my full income (around $165k) but claimed about $70k in business deductions that I basically made up because I couldn't afford to pay the full tax bill. I've been doing this since 2016 - just using TurboTax and inventing deductions when it asked questions. This was my first real job and I had no clue what I was doing. I never set aside money for taxes and just panicked every April. I know it was illegal and I'm not making excuses - I was irresponsible and now I'm facing the consequences. I just received notice that I'm being audited and they're asking for documentation for several expense categories that I can't provide because, well, they weren't real. I'm supposed to call the IRS auditor next week but I'm completely terrified about going to jail. I've been reading online and think I need a criminal tax attorney - I've found a few that specialize in tax fraud cases and plan to call them Monday. I've never been in legal trouble before and I'm terrified I've completely ruined my life. At this point, I just want to come clean, pay what I owe, and do whatever it takes to avoid jail time. I'm emotionally all over the place and can barely eat or sleep. My main questions: Should I just admit everything to the IRS? Will they work with me if I'm honest about what happened? What's the likelihood of jail time? What's my best approach going forward? I plan to hire an attorney before talking to the auditor, but any advice would be greatly appreciated.

Ava Harris

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One thing I haven't seen mentioned here - you should also get your financial situation in order ASAP. You'll likely end up on a payment plan with the IRS, and they'll want to see your current finances. Start gathering bank statements, credit card statements, loan documents, etc. Figure out your current income, expenses, assets, and debts. The IRS will use this information to determine what you can reasonably pay each month. Also, if you have any ability to start setting aside money now for the eventual tax bill, do it. Even if it's not enough to cover everything, showing good faith by having some payment ready can sometimes help negotiations. Depending on your situation, you might want to look into tax relief options like an Offer in Compromise, but your attorney will guide you on that.

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Jacob Lee

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Is there a specific form the IRS uses to collect this financial information? I'm dealing with a different tax issue but also need to show my financial situation.

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Ava Harris

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Yes, the IRS typically uses Form 433-A for individuals or 433-B for businesses to collect financial information when setting up payment plans or considering settlements. It's extremely detailed - asks about all income sources, expenses, assets, and liabilities. They may also request supporting documentation like bank statements and pay stubs. I recommend starting to compile this information early because it can take time to gather everything. Also, be completely honest on these forms - the IRS can verify much of this information, and additional dishonesty at this stage would only make your situation worse.

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PLEASE don't admit to fraud directly!!! I made this exact mistake and it turned a simple audit into a criminal investigation. Let your attorney do the talking. The language you use matters enormously. There's a huge difference between "I can't find documentation for these deductions" and "I made up these deductions." One is a documentation problem, the other is admission of a crime. Your attorney will know how to navigate this, but whatever you do, don't contact the auditor before speaking with an attorney, and don't volunteer information about intent. Let the attorney handle all communications - that's literally what you're paying them for.

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This is the best advice here. The distinction between poor documentation and intentional fraud is HUGE in the eyes of the IRS and the law. Let your attorney frame the situation appropriately.

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Thank you so much for this warning. I definitely would have just blurted everything out in panic if I hadn't read this. I'll make sure to let the attorney handle all communication and not volunteer anything about what I was thinking or intending. I've contacted a tax attorney who specializes in these cases and have an appointment tomorrow morning. I'm going to bring copies of all the audit letters and my previous tax returns. Should I prepare anything else for this first meeting?

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For the TurboTax specific question - I had the same issue with a Filipino contractor. Here's exactly what I did: Select "Yes" to that contractor question, then on the next screens, when it asks for the contractor's info, there's an option near the bottom that says something like "This contractor is not a US person" or "Foreign contractor" - click that. Then TurboTax will let you deduct the expense without requiring 1099 info. It's easy to miss that option but it's definitely there!

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Yara Sayegh

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Thank you so much! This is exactly what I needed to know. I'll go back and look for that option. Do you remember if it asks for any specific information about the foreign contractor?

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It will ask for their name and I believe their country, but not much else. You won't need their tax ID number or anything like that. Just make sure you have good records of the payments in case of an audit - invoice, proof of payment, contract, etc. The key is documenting that the work was legitimate and for your business.

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Don't TurboTax and other software make everything so complicated? I miss the days of paper filing lol. Anyway - one thing to remember is that payments to foreign contractors for services performed entirely outside the US are generally exempt from reporting on 1042-S if there's no US-source income. You still deduct it as a business expense, but without the paperwork headache.

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Emma Wilson

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Actually, it depends on the tax treaty status with the specific country. Some countries require withholding regardless of where the work is performed. India (where OP's contractor is located) has specific provisions in its tax treaty with the US.

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Make sure to double check if you actually exceeded the wage base for Social Security. The letter is probably saying that while you had more than $9,114 WITHHELD in SS tax, you might not have had more than $160,200 in SS WAGES between both jobs. For example, if Job 1 paid you $70,000 and Job 2 paid you $75,000, your total SS wages were $145,000 - which is under the limit, so you wouldn't be entitled to any excess SS tax refund, even though both employers withheld at the 6.2% rate. The only way you're eligible for the refund is if your combined SS wages exceeded $160,200.

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Ali Anderson

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I think you might be right! Looking at my W-2s again, my total wages for the year were around $145,000. I didn't realize that the excess refund was based on exceeding the wage base, not just on the total amount withheld. I thought if the combined withholding exceeded the max, I'd get the difference back regardless of my total wages. So even though I had more than $9,932 withheld between both jobs, I'm not actually entitled to a refund because my total wages didn't exceed $160,200? That explains the IRS letter then.

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Exactly! You've got it now. The excess Social Security tax refund only applies when your total Social Security wages exceed the annual wage base ($160,200 for 2023). The system is designed to ensure you don't pay more than 6.2% on income above that threshold. Since your total wages were around $145,000, which is under the wage base limit, the full 6.2% Social Security tax applies to all your earnings. Even though the combined withholding might seem high, it's technically correct based on your total wages. When you respond to the IRS, simply acknowledge that you misunderstood how the excess Social Security tax rule works, and they should close the case without any penalties since it was an honest mistake.

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Dylan Fisher

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I'm confused about something. If the FICA wage limit is $160,200 for 2023, and 6.2% of that is $9,932.40, then why would both employers withhold more than that? Shouldn't they each be checking if you've hit the limit?

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Zadie Patel

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That's the catch with having multiple employers in the same year! Each employer has no way of knowing how much you've earned at other jobs, so they each withhold the standard 6.2% on your earnings up to the $160,200 limit as if they're your only employer. The system is designed this way because employers don't share payroll information with each other. If you work for two employers and earn $100,000 from each in the same year, both will withhold $6,200 in Social Security tax, for a total of $12,400. Since that exceeds the maximum you should pay ($9,932.40), you can claim the difference ($2,467.60) as a refund on your tax return. But this only applies if your TOTAL wages exceed the $160,200 threshold.

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AstroAce

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As someone who does this regularly, here's my practical advice: only deduct expenses that are DIRECTLY related to your business activities. Don't try to deduct your flight to Italy or your entire accommodation. If you rent a workspace for a day, deduct that. If you take a taxi specifically to a client meeting, deduct that. If you have a business lunch, deduct 50% of that. Keep a separate credit card for business expenses and detailed logs of ALL business activities. Note start/end times, who you met with, and business purpose. Take photos of yourself at business meetings or workspaces as additional documentation. I've been doing this for years with no issues. The problems happen when people try to write off their entire vacation by having one "business meeting.

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Zara Ahmed

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This is super helpful, thanks! So it sounds like I definitely shouldn't try to write off my flights to Italy or back, but the specific expenses while I'm there for business purposes would be okay. Do you recommend any specific apps for tracking the expenses while I'm traveling? I'm worried about keeping all those foreign receipts organized.

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AstroAce

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I use Expensify for tracking business expenses abroad - it has receipt scanning that works well with foreign receipts and lets you categorize everything immediately. The automatic exchange rate conversion is also super helpful so you don't have to manually calculate everything back to USD. Take photos of ALL receipts immediately because some foreign receipt paper fades quickly. Also, create a simple daily log in Notes or Google Docs where you record the business activities for each day - who you met with, what you discussed, and the business purpose. I also drop a pin on Google Maps for each business meeting location as additional documentation. This level of detail has kept me audit-free for 7 international trips with business components.

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Don't overthink this! The IRS rules on business expenses apply the same way whether you're in Kansas or Kyoto. What matters is if the expense is ordinary and necessary for your business, not what country you're in or what visa you have. I write a travel blog and deduct parts of my trips all the time. The key is DOCUMENTATION and PRORATION. If 3 days of your 21-day trip are for business, you can deduct those specific expenses, but not the other 18 days or your flights. And seriously, stop worrying about the tourist visa thing. The IRS cares about proper reporting of income and expenses, not whether you technically violated another country's visa rules.

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FireflyDreams

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OP, one thing to be aware of - your age matters here. Since you're 17, this might be the last year you can be claimed as a dependent (unless you're a full-time student next year). Your 14-year-old brother will still be a dependent for several more years. The parent who claims you also gets other potential benefits like education credits if you're in college soon. Sometimes parents agree to split the kids (each claims one) or alternate years. But without an agreement, custody percentage is what matters most.

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Actually that's not entirely accurate. You can be claimed as a dependent until you're 19, or up to 24 if you're a full-time student, as long as you don't provide more than half of your own support. So depending on the OP's situation, they could potentially be claimed for several more years.

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this happened to us and my dad claimed me and my sister even tho we lived with mom most of the time. the irs ended up auditing both of them and it was a huge mess. mom had to get old school records and doctor visit forms to prove we lived w/ her. dad got hit with a penalty for filing wrong and had to pay back the refund he got. it took like 8 months to sort out and made everything between them way worse. tell ur mom to document everything!! keep school records showing ur address at her place, medical stuff, anything official that shows u guys live with her.

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