How To Request Irs Audit Reconsideration

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What is audit reconsideration?
According to the Internal Revenue Code, any taxpayer who disagrees with a prior tax audit is allowed to file a request for audit reconsideration. Audit reconsideration is an informal process by which the Internal Revenue Service (IRS) reexamines the prior assessment of a tax return. The IRS outlines the process for filing an audit reconsideration request in Chapter 13 of the Internal Revenue Manual.

When might someone consider audit reconsideration?
An individual might request audit reconsideration when:
- Information was previously submitted to the IRS, but it was not considered, or there is new evidence supporting a lower assessment,
- The taxpayer did not appear at the prior audit,
- The individual moved and thereby did not receive any notification of the audit appointment, or
- The individual disagrees with the prior audit of the tax return or the Substitute for Return (SFR) if a prior tax return was not submitted

What are the eligibility requirements for filing an audit reconsideration request?
The IRS will only consider a request for audit reconsideration that meets certain criteria. Particularly, the IRS requires that:
- The additional tax liability remains unpaid,
- Either a tax return or a delinquent tax return was filed,
- New information is submitted that would have altered the original assessment of the return, or
- There was an error in the assessment of the tax

The IRS will never consider a request for reconsideration, however, when the individual previously agreed to pay the tax or when a court has already issued a final determination of liability. If the tax has been paid in full, a formal claim must be submitted by filing Form 1040X.

What is the process to apply for audit reconsideration?
There is no particular form that must be filed to request audit reconsideration. Additionally, a request can be made at any time after the IRS completes the assessment of a return. To apply for reconsideration, however, it is necessary to:
- Submit a letter that clearly requests a reconsideration,
- Include a detailed statement of law and facts to support the reconsideration,
- Attach any new information that was not previously considered by the IRS,
- Attach a copy of the original audit report (Form 4549), and
- Mail or fax the request to the IRS address on the original report

Additional Information
Typically, the IRS will respond to an audit reconsideration request within 30 days after an application is submitted.
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