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1 Brand New! More Insider Secrets To Avoid IRS Audits Albert Aiello, CPA, MST, RE Investor 1

2 About Al Aiello, CPA, MS Taxation, Real Estate Investor: Al has been a real estate investor for over 25 years. He first got his real estate license and went on to broker millions of dollars of real estate. He then got his CPA by passing the first time; then got his Masters in Taxation graduating with the highest honors in this rigorous program. He was immediately hired as adjunct professor where he taught partnerships, corporations, asset protection and real estate taxation (a course that he suggested, created and developed). With his home study courses, he has thousands of students across the country who uses his strategies to pay little or taxes, to auditproof their returns against the IRS and to protect their assets. Al is known to have a character of high integrity; is professional, congenial, and well-liked by seminar participants More Documented Testimonials (Mostly Unsolicited) Albert Aiello is one of the most trusted scholars in real estate taxation and 1031 exchanges in the country..al Brindisi, CPA, Former IRS trainer. Your Goldmine Package is the deal of the century!.. Shey Justice, Yours was the only course I purchased that weekend, and in all honesty, it was the best investment I have made..craig Collins, I am personally thankful to Al Aiello. He saved my wife and I over sixty thousand dollars in taxes we would have had to pay last year. I highly recommend you get his complete course..sincerely, Jeffrey Taylor Founder, MrLandlord.com. 2

3 More Insider Secrets To Avoid IRS Audits Author: Albert Aiello, CPA, MS Taxation, RE Investor Publisher: ISUInformation Services Unlimited ALL RIGHTS RESERVED BY STRICT COPYRIGHT LAW Copyright All Rights Reserved. Printed in the United States of America. First edition. Copyright - Information Services Unlimited (ISU). Please respect the thousands of hours invested to research and create this intellectual property and our rights to this material. No part of this program may be sold (including on the internet), transferred, reproduced by any means, stored in any information retrieval system or transmitted in any form or by any means without the specific written permission of ISU. This intellectual property is for YOUR USE ONLY as a single licensee and not for your clients, customers, patients, partners, business associates, family members, friends, professional advisors, NO one else; unless you are given express written permission from ISUInformation Services Unlimited specifically allowing who else can use this intellectual property. Legal action will be brought against you and/or your company if you are found to have made ANY unauthorized copies of these materials, in part or in whole. Unauthorized copying is AGAINST THE LAW, regardless of intent: No matter if you make a profit or not, you are committing a serious copyright infringement crime, punishable by severe fines and imprisonment, and you may be held liable under BOTH civil and criminal law. 3

4 ALERT: Giving out these IRS Audit Proofing Secrets, without express written permission, will give ISU the right to cancel your VIP Goldmine Membership without refunds. Please use this for your own benefit as you made the investment. DISCLAIMER These materials are designed to provide informative and useful information. Tax laws are subject to change and vary according to individual circumstances. ISU and Albert Aiello are not in the business of rendering legal, tax, or other financial advice. It is to be understood that tax, legal or other financial advice is not being rendered. Accordingly where the situation dictates, a more thorough research of the applicable law (or other data) may be necessary as well as the counsel of a competent professional. The referenced sections are from The Renaissance Goldmine of Goldmine of Brilliant Tax Strategies Real Estate Investor s, A Tax Reduction Software System by Albert Aiello. For more info go to $149 4

5 More Insider Secrets To Avoid IRS Audits CONTENTS 7 IRS Forms That Could Invite An IRS Audit Why You Should Not File Them: 1.IRS FORM SCHEDULE C 2.IRS FORM SCHEDULE E 3. IRS Form IRS Form IRS Form 872-A 6. IRS Form IRS Form SS-8 Powerful Unknown IRS Audit-Proofing Technique Al Aiello Money-Saving E-Reports and E-Books From AlAiello.com QUESTIONS TO AL RESOURCES FOR MORE INFO 5

6 7 IRS Forms That Could Invite An IRS Audit Why You Should Not File Them! As long as you aren t breaking the law by doing so, don t tell the IRS things it doesn t know about you that could get you into tax trouble. Be alert about filing these tax forms that may seem beneficial for you, but that aren t required. Reason: They may cause the IRS to audit you. IRS forms that you should never file 1.IRS FORM SCHEDULE C. This form is used for single proprietorship businesses. Schedule C (Profit or Loss From Business) is very commonly known and used. Problem. The odds of being audited are based on several factors such as your income, industry, geographic area and the type of forms you file. Although income is considered to be the most dominant factor, the odds of being audited may not necessarily increase as your income does. But in some recent years, more selfemployed individuals with income under $25,000 were audited than those with income over $100,000. Self-Employed often means Schedule C, which could be you. IRS Trap: IRS agents love to audit Schedule C s because they are so familiar with them. 6

7 What To Do: File lesser audited forms using another entity such as a corporation or partnership. Schedule C is not the only schedule to report business income and expenses. There are other schedules. For example, if you are two or more people (or entities), you can run your business as a partnership and file a partnership return (IRS Form 1065). Form 1065 is audited much, much less than Schedule C. If you run your business as an S- corporation, you file IRS Form 1120S. If you run your business as a C-corporation, you file IRS Form According to IRS experts small corporate returns are not audited as much as Schedule C s. When selecting another entity for your business, there are other tax and legal considerations. For more info refer to my Tax Bible course. Go to and request Tax Savings Business Owners. EXCEPTION TO ABOVE: If you had a small amount of entries on your Schedule C for a very small business, you do not claim home-office deductions, and your total expenses are $2,500, then consider using Schedule C-EZ. 2.IRS FORM SCHEDULE E. This form is used for single owned rentalcommercial properties. Schedule E (Supplemental Income and Loss) is very commonly known and used by real estate investment owners. IRS Trap: IRS agents also love to audit Schedule E s because they are so familiar with them. 7

8 What To Do: File lesser audited forms for your real estate holdings, preferably an LLC-Partnership (IRS Form 1065). Form 1065 is audited much, much less than Schedule C or E and corporations. If you wanted the limited liability protection of an LLC, a two or more member LLC files form For more info refer to Renaissance Goldmine SAP IRS Form Owners of pass-through entities should never file IRS Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request, with their tax returns. S corporations, partnerships, and trusts that distribute income to their owners report this income to the owners and to the IRS on a Schedule K-1 that categorizes the distributed income as interest, capital gain, qualified dividends, etc. Problem: The Schedule K-1 may be mistaken, or the recipient may disagree with the entity s managers about the nature of the income (e.g., whether dividends are tax-favored qualified dividends or not). If you disagree with information on a K-1 that reports income to you, you can t just recategorize the income on your tax return. Instead, the IRS says that you must file Form 8082 to tell it of the discrepancy and give an explanation of why you think the reporting is wrong. 8

9 IRS Trap: Doing so tells the IRS that your pass-through entity may be misreporting income. It also notifies them of anything else you state in your explanation (e.g., there is a dispute among the owners ). This essentially invites the IRS to audit not only you but the entity itself and everyone* else receiving income from it. *They may not appreciate that! What To Do: When you receive a K-1, examine it right away. If you find a problem, address it with the manager of the entity and get a corrected K-1 before filing your return. Or file your return using the data on the K-1 you have, then after you receive a corrected K-1, file an amended tax return with the corrected numbers. That way, the IRS will never know about your entity s mistakes, internal disputes, or other problems. 4. IRS Form People with dubious items on their tax returns should never file IRS Form 8275, Disclosure Statement, with their returns. The IRS says that you should file this form to disclose questionable or gray-area deductions or positions on your return, and provide your justification for taking them (such as citing court cases that you rely on). IRS Trap: The IRS says that if you do, and then your return is audited and the disclosed item is disallowed, the IRS won t add a 9

10 penalty to the taxes and interest it collects. Many taxpayers find this attractive as a way of audit-proofing their tax returns. Telling the IRS that you have questionable items on your return simply asks it to audit you-and, if you are selected for audit, the IRS can examine your entire return. It isn t limited to examining the items on the Form If your return is audited a deduction is challenged by the IRS, you face the exact same task in defending it whether or not you reported it on Form 8275-only you are more likely to be audited if you have filed it. What To Do: Don t file it. The slight potential savings of an avoided penalty isn t worth the increased risk of incurring an audit, back taxes, and interest. 5. IRS Form 872-A. Taxpayers being audited should never file IRS Form 872-A, Special Consent to Extend the Time to Assess Tax IRS auditors often run up against the deadline of the three-year statute of limitations on the time in which they can assess tax. When they do, they typically ask taxpayers to file this form to extend the deadline-and may threaten to disallow every questionable item on the return if the taxpayer doesn t comply. The taxpayer could be forced to go to Tax court to defend these items. 10

11 IRS Trap: Form 872-A applies to the entire return and is openended-it gives the IRS forever to examine your entire return. What to do: Tell the auditor that you will sign only a limited extension applying only to specified items on the return for a limited time. This contains the audit and forces the IRS to complete it. The form to use is IRS Form 872, Consent to Extend the Time to Assess Tax. You can negotiate like this because IRS Auditors are graded on the job by how they close cases so the auditor doesn t want to disallow your deductions in a way that you can appeal to the Tax Court. You can go to the Small Case Division of Tax Court to appeal up to $50, of tax per tax year without using a lawyer. After filing your case, you will meet with an IRS Appeals officer and get a chance to defend your disputed deductions without going to trial at all. 6. IRS Form Owners of start-up businesses should never file IRS Form 5213, Election to Postpone Determination as to Whether the Presumption Applies that an Activity is Engaged in for Profit. ( Hobby Loss Provision) Most new businesses incur start-up losses, sometimes for years. But you can deduct these on your personal tax return against other income if your business is a proprietorship, S corporation, or partnership. This gives the business a subsidy from the government and makes the business a personal tax shelter for you. 11

12 Problem: An IRS auditor who sees the losses may conclude that you are not operating your activity with the profit motive needed to qualify it as a business. You have a hobby. Then your losses, and all business expense deductions, too, will be disallowed. But the IRS lets owners of start-up businesses file Form 5213 to defer any determination of their business s profit motive status for five years after its start-up, with no risk of an audit in the meantime. (Note: There is a seven-year testing period for horse breeding, showing, and racing.) IRS Trap: The owner doesn t have to worry about an IRS audit for five years and can safely deduct all losses in the meantime. Sounds good, but the owner assumes that after five years, there will be no problem with lack of profits or showing a profit motive. Filing the form essentially asks the IRS to audit you after five years by telling it you expect to be running a business at a loss during that time. Moreover, in reality, many businesses fail in their first years without ever showing a profit. If your business is one of them, tipping off the IRS by filing this form may result in the IRS disallowing all of the business losses you deducted going back the full five years, since Form 5213 extends the statue of limitations for auditing your business return to five years from the normal three. What To Do: Simply don t file the form. The IRS probably will never really notice your business and if it does, and challenges your deductions, you can defend them as appropriate, and at worst, be at risk for only three years instead of five. 12

13 What Else To Do: Demonstrate and be able to prove your intent to make a profit in your business as follows: 1. Keep good records by using a separate business checking account, which should not be used for personal expenditures. Keep separate business records. This is most important! 2. Write a complete business plan and engage expert professional advice. 3. Document that you do spend at least a reasonable amount of time and effort in the business. Do this by way of your daily record book, correspondence, minutes, etc. 4. For business losses sustained, document that they were because of circumstances beyond your control such as depressed market conditions, a poor economy, closing down of businesses in your area, bad news (such as 9/11/01), poor health, illness, death, restrictive government regulations, fire, theft, natural disasters, etc. 5. Use a separate entity for each of your businesses, such as a corporation or Limited Liability Company (LLC). The entity should have its own financial resources and capital to fund the business. For your entity use a fictitious name, not you name or any derivative of. Reason: A separate business entity along with its own federal ID number and fictitious name gives more of the image of a business. 6. Pursue the business to really make money! Further references: For business owners, refer to my Tax Bible course, Section 2, or you can order at by requesting Tax Savings Business Owners. For real estate investors refer to The Renaissance Goldmine SAP 13, or you can order at 13

14 7. IRS Form SS-8. Business owners should never file IRS Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. One of the hottest tax disputes regarding businesses remains the categorization of workers as either employees or independent contractors. This form asks the IRS to rule on this issue for you, on the basis of answers that you provide on a questionnaire. IRS Trap: You are sure that your workers are contractors and that the IRS will rule that they are, thus settling the issue in all future discussions with workers, state employment agencies, etc. The IRS is very highly biased toward ruling workers to be employees. It may shock you by doing so with your workers making your firm liable for back employment taxes and penalties. What to do: Simply treat your contractor workers as contractors, such as using an ironclad Independent Contractor Agreement, and issuing them a Never ask the IRS about them. Further reference: For more info and strategies, refer to Section 14 of my Tax Bible course and The Independent Contactor s Agreement Kit. Or you can order at by requesting Tax Savings Business Owners 14

15 Powerful Unknown IRS Audit-Proofing Technique Deliver Return On 10/15 Background: One strategy to reduce your chances of an audit is to file an extension for your tax return. That is, you can minimize your chances of being audited by filing as late as legally possible. A tax return filed around April 15 generally has a greater chance of being audited then one filed on October 15 (the latest possible date). This is because the IRS schedules audits more than a year in advance. As returns are filed and scored by computer, local IRS districts submit their forecasted requirements for returns with audit potential. The fulfillment is made from returns already on hand. If your return is filed on October 15, there is a smaller chance that it will be among the returns shipped out to the District Office in the first batch. As a result of scheduling and budget problems that are likely to develop in the two years after your return has been filed, it may never find its way into the second batch slated for examination. Even Better: Do not mail or certainly do not E-File your tax return. Instead, exactly on the day of October 15 th (or Monday October 17th if 15 th falls on a Saturday, or Monday October 16th if 15 th falls on a Sunday), during normal business hours physically deliver your signed completed IRS copy of your individual tax return to your nearest IRS office (or whatever IRS office is convenient for you). Make sure you have a written receipt from the IRS person acknowledging receipt of your return. Do NOT lose this receipt. I recommend that you do this, or a trusted representative such your tax preparer or spouse. According to my advisory board of experts, doing it this way will result in your return to be in an even later batch to the district office making it more probable that the 15

16 return will never find its way into that second batch slated for examination. It may just get lost. While no guarantee, it certainly is worth the effort. ACKNOWLEDGEMENT: The above technique was shared with me by foremost tax and IRS experts - - Ron Noll, CPA, MS Taxation and Bill Noll, Tax Attorney. They are part of my advisory board of experts and are available for tax-reduction planning and asset protection services for real estate investors and business owners. They are superb. If you are a student, with your full name, phone number and VIP code, me for their contact info. Al Aiello Money-Saving E-Reports and E-Books From AlAiello.com How To Determine The Competence Or Incompetence Of A Tax Advisor, Including Your Own Having trouble finding a good CPA? Tired of the big costs from having the wrong one? Or do you want to do well without one? This report is your solution! Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 1 Show Tax Losses On Your 1040, Yet Show Lenders You Are Making Money! Four great ways to so this and get the loan Go to scroll down below Al s picture to the menu item 16

17 MONEY-SAVING Reports to report no. 2 How To Deduct Any Cruise-Convention And Still Have Fun! Let the tax savings pay for the cruise and it s all legal! Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 3 How To Take Maximum Advantage Of The $250,000/$500,000 Exclusions Of Gains On Home Sales Includes Little-Known Creative Tax-Free Strategies For Investors Too Go to scroll down below Al s picture to the menu item MONEY- SAVING Reports to report no. 4 Powerful Insider Secrets To Avoid IRS Audits IRS Audits Are Traumatic Scary, Expensive, Time- Consuming, Aggravating And On The Rise! Keep the IRS OUT of your life! Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 5 How To Have Multiple LLC s For Your Properties With One Tax Return and One Checking Account, In Any State 17

18 Great Protection While You Save Hundreds, Even Thousands In Legal & Accounting Fees Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 6 8 Costly Roth-IRA Traps - How To Avoid Them and Save $1,000 s Prevent Your Retirement Savings From Being Wiped Out! Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 7 How To Fully Deduct Rental Property Deductions Even If You Are Not Personally Liable On Low/No Money- Down Mortgages (Including Subject-To s), Or Even If You Do Not Have Legal Title STOP CPA s And IRS Agents From Disallowing Interest And Other Property Deductions On Subject-To Mortgages, Costing You BIG time! Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 8 How Property Owners In ForeclosureShort Sale Can Avoid Paying Taxes On 1099Forgiveness Of Debt STOP Losing Great Foreclosure Deals Because The Property Owner 18

19 Does Not Want To Pay Taxes On 1099 Debt Forgiveness! Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 9 Millionaire Tax Strategies for Real Estate Investors Little-Known Ways for Real Estate Entrepreneurs to Create Enormous Tax Savings and Build Millionaire Wealth Unknown By Most CPA s Go to scroll down below Al s picture to the menu item MONEY-SAVING Reports to report no. 10 QUESTIONS TO AL RESOURCES FOR MORE INFO The Q&A helpline with Al is only available to Al Aiello students who have purchased one or more of his home study systems as follows: The Renaissance Goldmine of Brilliant Tax Strategies For Real Estate Investors - Easy-To-Use Software Program That Will Dramatically Increase Your Cash Flow With The Absolute Best Taxsaving Secrets in The Country, Specifically for Real Estate Investors. Includes a Q&A helpline for real estate tax questions. For more info go to The Ultimate Tax Bible for Self-Employed Entrepreneurs - The Consummate Tax-Reduction System for Small Businesses, Home-Based, Independent Contractors and Other Business Entrepreneurs. Includes Superb Strategies (different than the Goldmine above) That Will Legally 19

20 Save You Hundreds Even Thousands of Dollars More In Taxes! Includes a Q&A helpline for business tax questions. For more info go to and request Tax Savings Business Owners The LLC Master Machine - How to Set up and Operate Your Real Estate LLC for Maximum Legal Protection, Tax Savings and IRS Audit Proofing - Save $1,000 s WITHOUT Expensive Lawyers. For both new and existing LLC s. Includes a Q&A helpline for LLC legal questions. For more info go to ALL RIGHTS RESERVED BY STRICT COPYRIGHT LAW Copyright All Rights Reserved. Printed in the United States of America. First edition. Copyright - Information Services Unlimited (ISU). Please respect the thousands of hours invested to research and create this intellectual work and our rights to this material. No part of this program may be sold (including on the internet), transferred, reproduced by any means, stored in any information retrieval system or transmitted in any form or by any means without the specific written permission of ISU. Legal action will be brought against you and/or your company if you are found to have made ANY unauthorized copies of these materials, in part or in whole. Unauthorized copying is AGAINST THE LAW, regardless of intent: No matter if you make a profit or not, you are committing a serious copyright infringement crime, punishable by severe fines and imprisonment, and you may be held liable under BOTH civil and criminal law. 20

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