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2023 IRS Audit Triggers for Real Estate Agents

IRS Audit Triggers for Real Estate Agents

While you may be celebrating, or hoping for better things to come the following year, your income (or profit) is almost always in an inverse relationship with your tax obligations. While it’s better to owe a lot in tax than owe none, you will want to make sure that you are “in the know” with regard to the new tax law. With that in mind, here are some audit triggers as well as some changes to the tax law to help get you off on the right track.

IRS and State Audit Triggers

1. Your numbers don’t match. Make sure your 1099’s and W-2’s match up to what’s being reported to the IRS. This is the fastest way to get a letter from the IRS because the matching is automated and is one of the first things they look at.

2. You made a lot of money this past year. This one is simple, and it is good. You want to make a lot of money. However, increasing your income also increases the amount of your income the IRS could stand to gain by auditing you, if they think you aren’t being honest with your deductions. If you are making a lot of money during the year, be very meticulous with your record keeping, and make sure you can prove everything that you are taking as a deduction.

3. You made a lot less money this past year. This is not as good. If you made a lot less money, you probably also have a lot less of it laying around to pay taxes with, so an audit could be extra devastating. If you are legitimately reporting all income, you shouldn’t have anything to worry about, but if there’s a chance you might not have reported everything (even by accident), this won’t look good in an audit. It is best to keep meticulous records of all income so that you can show the accurate income amount in case the IRS comes knocking.

4. You are self-employed. If you are in real estate, this likely applies to you. Even if you’ve set up your business as a corporation or an LLC and pay yourself that way, you will still fall into a higher risk category than someone earning a paycheck from a large company. There’s nothing you can do about this, but you can be extra cautious about the deductions you take, as well as ensuring you pay all of your tax liability in a timely manner, with quarterly payments made if possible.

5. You deduct your home office and/or vehicle. You should! But you have to do this one right. You should get clear with your CPA on exactly how much is allowable for home office and vehicle deductions, as going over these thresholds can be a red flag that results in an audit, regardless of how much income you make. Be very careful to follow these guidelines.

  1. Client Meals are Tax Deductable.For only 2021 and 2022 meals with clients are 100% tax deductible.  The full cost of the business-related food and beverage purchase from a restaurant. Otherwise, years it’s only been 50% deductible.

To qualify for the enhanced deduction:

  • The business owner or an employee of the business must be present when food or beverages are provided.
  • Meals must be from restaurants, which includes businesses that prepare and sell food or beverages to retail customers for immediate on-premises or off-premises consumption.
  • Payment or billing for the food and beverages occurs after December 31, 2020, and before January 1, 2023.
  • The expense cannot be lavish or extravagant.

Here’s what business owners need to know about certain costs:

  • The cost of the meal can include taxes and tips.
  • The cost of transportation to and from the meal isn’t part of the cost of a business meal.

Entertainment events

Business owners may be able to deduct the costs of meals and beverages provided during an entertainment event if either of these apply:

  • the purchase of the food and beverages occurs separately from the entertainment
  • the cost of the food and beverages is separate from the cost of the entertainment on one or more bills, invoices, or receipts.

7. Are Commission Advances deductible? Generally the fee incurred would be deductible, but check with your CPA to confirm. A commission Advance is usually considered a business expense but improper documentation of this may lead to an unnecessary audit.

8. You were particularly generous this year! The IRS is always on the lookout for people who inflate their charitable donations and use a range based off a percent of income that is reasonable.

9. Big Deductions? Is one or two of your deductions exceptionally large and outside of the norm for your industry, income bracket or year over year trend.

10. Suspicious Round Numbers? Suspiciously round numbers on your returns will raise and auditor’s eyebrow.

11. Tax Credits? Claiming Tax Credits that aren’t yours.

Bottom line if you have questions about a deduction that you can ask your CPA, it is better to ask them instead of going through an audit after the fact.

About Us: Express Cash Flow provides commission advances for real estate agents and brokers. Check us out at www.ExpressCashFlow.com or call us at 844-818-2274.

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