Should You File a Tax Return While Under Audit?

Authored by:

bishop toups attorney

Bishop guides clients with their various estate planning needs and helps them navigate the Medicaid system in Florida. Bishop also represents clients worldwide in front of the IRS. Bishop is also a V.A. accredited attorney and helps Veterans obtain benefits from the Department of Veterans Affairs.

Reviewed by:

Kerven Montfort

Kerven began his legal career as a criminal law attorney and was an assistant prosecutor for 7 years. Prior to joining Daily, Montfort, and Toups, Kerven served as the General Counsel for Florida’s Department of Military Affairs, where he was the chief legal and ethics officer for the state agency.


Here’s one way to minimize the expansion of your audit:

Don’t file a tax return while an office (read here) or field (read here) audit is in progress. This rule does not apply if the IRS is conducting a correspondence audit (read here).

If you file your return during an office or field audit, the audit is likely to be expanded to include that return.

When April 15 rolls around, file a request for an extension to October 15. If the audit is still alive on October 15, consider not filing your tax return until the audit is completed.

If you’ve paid all taxes due, you won’t incur any penalties or interest for not meeting the extension deadline. If you owe money, send in your payment before October 15 with a letter requesting the payment be applied to that year’s tax account.


If you didn’t read this in time and already filed your tax return, politely decline to give a copy to the auditor if he or she asks. But do not lie and say you haven’t filed the return.

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