Washington Watch
December 4, 2002
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New at the SBA
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IRS Compliance Audit
Recommendations
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In the News: Office
of Homeland Security
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Attention Minnesota
NASE Members
New at the SBA
The U.S. Small Business Administration (SBA) Office of
Advocacy has been busy the past few weeks. Below is a
sampling of some of the efforts they have undertaken
recently on behalf of the self-employed and
micro-businesses. For more information on these
initiatives and everything the SBA Office of Advocacy
does for micro-businesses, visit
www.sba.gov/advo/.
Memorandum of Understanding: The SBA Office of
Advocacy and SBA Ombudsman signed a Memorandum of
Understanding with the Occupational Safety and Health
Administration (OSHA) regarding new OSHA ergonomic
guidelines. The Office of Advocacy and OSHA agreed to
work together to inform small businesses of these
guidelines. The agreement makes clear OSHA and the
Ombudsman's roles in listening and responding to the
concerns of small-business owners.
Executive Order Compliance Guide: This
new guide will assist federal agencies in implementing
new procedures that will decrease burdensome
regulations. President Bush’s recent Executive Order
13272 directed his administration to do a better job
protecting small business from the destructive effects
of one-size-fits-all federal regulations. The over
100-page SBA guide provides federal agencies with a
comprehensive blueprint for consideration of their
impact on small business when they issue new
regulations.
Auditing Recommendations: See the article below
for the SBA Office of Advocacy recommendations if your
business is subject to an IRS audit – following these
guidelines could save you a lot of time and money.
SBA Open House: The SBA held an open house last
week and NASE Board Member David Alders attended.
Alders has recently been appointed as the NASE
Regulatory Affairs Liaison. He met with Chief Counsel
Tom Sullivan and other key members of the SBA Office
of Advocacy staff.
IRS Compliance Audit
Recommendations
In the November issue of “The Small Business
Advocate,” the SBA Office of Advocacy released these
recommendations to businesses subjected to an IRS
Compliance audit. We have reprinted the article in
full, because the NASE feels this information is
important for you and your business. To read the
entire issue of “Small Business Advocate,” visit
http://www.sba.gov/advo/.
“Over the next few months, 50,000 taxpayers (including
some 30,000 small business owners who file Schedule
Cs) will be audited by the Internal Revenue Service to
compile information for the agency’s audit selection
system. These audits are part of the National Research
Program (NRP), a comprehensive effort to measure
payment, filing, and reporting compliance for
different types of taxes and various sets of
taxpayers. The NRP purpose is to help the IRS build
better compliance programs to more effectively catch
tax cheating and help ensure everyone pays a fair
share.
Although the primary purpose of the NRP discretionary
audits is to gather information, their effects are as
real as any enforcement audit. Any disparities that
are uncovered during these audits may result in
additional taxes, fines, and penalties. Revenue agents
will be using federal and private databases to collect
as much information about the taxpayer as possible
prior to the face-to-face audit. This means that the
agent will already know a formidable amount about you
and your business before the audit even starts.
If you are selected for an audit we recommend you do
the following:
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Read all materials
carefully. The IRS materials should inform you of
your rights, the scope of the audits, and the
materials and process they will use to get the
information they need.
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Familiarize yourself
with your current and past returns. Take time and
be thoroughly familiar with your recent returns. By
doing your homework before the audit, you can
anticipate questions that might arise and reacquaint
yourself with the facts and decisions that support
your return.
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When in doubt, seek
professional advice. Unfortunately, any audit will
cost a business owner time and, quite likely, money.
The IRS is using computerized information to compile
as much of your data as possible. If you are uncertain
about items on your return, consult a professional or
have them represent you at the audit. Remember that
information that may appear insignificant to you may
be a “red flag” for an experienced tax auditor. A
professional tax advisor will know exactly what the
revenue agent is looking for.
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Stop, look, and listen!
The Office of Advocacy met several times with the
IRS in an effort to minimize the imposition of the NRP
on small businesses selected for audits. The IRS
acknowledged that a taxpayer involved in a NRP audit
may want to stop the audit if he or
she feels that the questions are unclear or beyond the
original scope indicated. Consequently, the IRS has
agreed that a taxpayer who becomes uncomfortable for
any reason during the NRP audit can stop the audit,
leave, and schedule another appointment. This will
allow the taxpayer time to review the facts more
closely or seek the needed help and information as
appropriate.
For more information,
contact Russell Orban, assistant chief counsel for tax
policy, (202) 205-6946 or
russell.orban@sba.gov.
If Audited, Know Your Rights
The Office of Advocacy has met repeatedly with the IRS
to ensure that the impact of NRP audits on the
taxpaying small business is minimal. Although the
primary purpose of these discretionary audits is to
gather information, their effects are as real as any
enforcement audit. Disparities that are uncovered
during these audits may result in additional taxes,
fines, and penalties. If a small business owner feels
that the questions are unclear, beyond the original
scope indicated, or uncomfortable for any reason, the
IRS has agreed that the taxpayer can stop the audit,
leave, and schedule another appointment. This will
allow the business owner time to review the facts more
closely or seek the needed help and information.”
In the News: Office
of Homeland Security
President Bush signed legislation this week to create
a new Department of Homeland Security. The new Cabinet
department is expected to employ 170,000 workers and
combine 22 existing agencies, making it the most
extensive reorganization of the Federal Government
since the 1940s. Bush named current homeland security
chief Tom Ridge to head the new department. For more
information, visit the White House Web page at
www.whitehouse.gov.
Attention: Minnesota NASE Members
U.S Department of Health and Human Services Secretary
Tommy Thompson will host a health care Town Hall
meeting in Minneapolis, Minn., and wants you attend.
The goal of the meeting is to further explore what
consumers, employers, health care providers, large and
small-business owners and others can do to help
Americans purchase their own health insurance and
better control their coverage and cost. “Affordable
Health Care: Promoting Choice and Controlling Cost”
will be held on December 10, 2002, at the Marriott
Minneapolis Southwest.
For more information about the
Town Hall or to register, visit:
http://www.publicforuminstitute.org/hhs2002/.
Do any of these issues affect you?
Do you want to be proactive in helping the
micro-business community? Visit the NASE's
Legislative
Action Center and “Tell Your Small Business
Story.” This will help the NASE understand - on a
personal level - how key legislative issues are
affecting your business and your bottom line.
For more information about any of the articles in Washington Watch,
contact Maureen Petron, NASE public affairs manager, at (202)
466-2100 or
mpetron@nase.org.
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