By Bruce R. Hopkins
Written via Bruce Hopkins, the main professional on nonprofit legislations, this can be the entire research of the techniques and practices of the IRS in its audits of tax-exempt businesses. sensible in presentation, this booklet bargains suggestion on present process audits, info contemporary exempt firms' matters, and authoritatively examines certain documentation and citations, in addition to various case reviews, suggestions, types, and checklists.
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Extra resources for IRS Audits of Tax-Exempt Organizations: Policies, Practices, and Procedures
02). 77 The term field office means personnel in any IRS examination or Appeals office (Rev. Proc. B. 07). 85 In the tax-exempt organizations context, the term technical advice means advice or guidance in the form of a memorandum furnished by the Exempt Organizations Technical office at the request of one of these three components of the IRS, submitted in accordance with the procedures in response to any technical or procedural question that develops during any proceeding on the interpretation and proper application of the federal tax law, including regulations, revenue rulings, and notices, published by the IRS National Office (or headquarters) to a specific set of facts.
Both the organization’s and the IRS’s statements will be forwarded to EO Technical with the request for a TAM. When the parties cannot agree on the material facts, and the request for a TAM does not involve the issue of whether a letter ruling or determination letter should be modified or revoked, EO Technical, at its discretion, may refuse to provide technical advice. If EO Technical chooses to issue the TAM, it will base its advice on the facts provided by the IRS. 108 If the IRS manager or chief determines that a TAM is unwarranted 103 Id.
The Exempt Organizations Compliance Unit59 normally conducts these compliance checks. 7 IRS AUDIT CONTROVERSY There is uncertainty in the law of tax-exempt organizations as to whether the IRS may conduct an examination of an exempt organization in connection with a year as to which the organization has yet to file its annual information return. The IRS is of the view that it may audit an exempt entity irrespective of the filing of a return for the year involved. This issue initially surfaced when a charitable organization allegedly involved in political campaign activity resisted an IRS summons, in part on the grounds that the examination pertained to a year for which an information return had yet to be filed.