Individual and Business Tax Audits

New York City and State Tax Controversies

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So you’ve received a notice from the New York State Tax Department advising you that you or your business is being audited. What now?


First of all, don’t worry. The State decides to audit tax returns for all sorts of reasons. The information that you submitted on a return might not match what the State has on file: for example, the State may have income on file for you that you neglected to include on your return because the W-2 or 1099 got lost in the mail and you simply forgot about it. In some cases, a number of returns are all audited for an identical reason, and it’s not about anything you did at all!

People get stressed about tax audits because they fear that they are “in trouble” and will have to pay more. Remember: an audit is simply an examination of your return. The finding of the audit could be that you underpaid, but the audit could also find that you overpaid and are due a refund! If the audit finds that you overpaid, you’ll get a bill. A good tax attorney will guide you through the audit process and will advise you of next steps in the event that you are assessed additional tax, interest and/or penalties.

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