Audit Reconsideration in New York City

& Finding an Audit Reconsideration Lawyer

An audit reconsideration is a formal process requesting that the Internal Revenue Service (IRS) reconsider its audit findings. It is something an individual taxpayer or business can request if they disagree with the results of an IRS audit. The petition must be officially filed within 30 days of receiving the notice of deficiency and include new evidence or a justification for why the original findings were incorrect. If the IRS determines that the reconsideration is valid, they will amend the audit report and issue a new notice of deficiency.

One common reason for filing an audit reconsideration is if the taxpayer disagrees with the IRS’s assessment of penalties and interest. Another reason might be if the taxpayer found new evidence that was unavailable during the original audit. These reasons fuel the taxpayer’s motivation to file an audit reconsideration and seek a different outcome. Because audit reconsiderations can be complex and time consuming, it’s vital to seek professional help from a legal or tax expert before filing.

How Do You File for an Audit Reconsideration?

The IRS audit reconsideration process is considered one of the best ways to have your case reconsidered by the IRS without going through an appeals process. You can file for an audit reconsideration in New York if you disagree with the results of an audit and believe that the IRS made a mistake. 

To file for audit reconsideration, you must submit a written request to the IRS office conducting your audit. In your request, you should explain why you disagree with the audit results and include any relevant documentation. Once your request is received, the IRS will review your case and decide whether to grant reconsideration. If your request is granted, the IRS will review your case and issue a new determination. If you are still dissatisfied with the outcome, you can then choose to appeal the decision. However, it’s important to understand that the audit reconsideration process does not guarantee a favorable outcome. Therefore, it is always best to consult a tax professional before taking action to maximize the quality of your audit reconsideration and appeal.

Some of the most compelling reasons to file an audit reconsideration are as follows:

  • You could not provide the IRS with all relevant information during the initial audit.
  • You have found new evidence that was not available during the original audit.
  • You believe the IRS made a mistake in its assessment of penalties and interest.
  • You believe the IRS did not consider all of your relevant facts and circumstances.
  • You did not have representation during the original audit and now you do.

What Are the Chances Your Audit Reconsideration Will Be Approved?

If you’re considering an audit reconsideration, you might be wondering what your chances are of success. The answer depends on many factors, including the reason for the original audit and the strength of your case. Generally speaking, if you have a strong case and you can provide additional documentation to support your position, your chances of success are good. However, if the original audit was conducted for a valid reason and you’re unable to provide additional evidence, your chances of success are much lower. Ultimately, the best way to increase your chances of success is to work with a qualified attorney who can help you build a strong case in New York and present it in the most effective way possible.

What Are the Consequences of Not Filing an Audit Reconsideration?

Failing to file an audit reconsideration can have significant consequences. The most immediate consequence is that the IRS will continue to pursue the original audit findings. This could result in additional taxes, penalties, and interest. Additionally, the IRS may also place a levy on the taxpayer’s assets or file a notice of federal tax lien. These actions can damage the taxpayer’s credit score and make it difficult to obtain financing in the future.

The IRS may also initiate criminal proceedings against the taxpayer. Consequently, it is important to take action if you receive an audit notice from the IRS. An experienced tax attorney can help you determine whether an audit reconsideration is appropriate in your situation and assist you with the process.

Delia Law Can Help. Contact Us!

If you believe you have been wrongly audited or if you have new information that could impact the outcome of your audit, Delia Law can help you file for audit reconsideration. We will review your case and determine if there are grounds for reconsideration. If so, we will gather the necessary evidence and submit a request to the IRS on your behalf.

We will also represent you during any interviews or correspondence with the IRS. Our goal is to help you get the best possible outcome from your audit and bring your tax matter to a resolution. Contact us today to learn more about how we can help you with audit reconsideration that results in a reduced tax liability.

New York-Specific Tax Laws


New York residents are required to pay taxes on income that was earned as well as for federal taxes. In fact, some people who don’t even live in New York must pay state taxes. If you lived elsewhere but acquired the money through a source in New York, you must pay state taxes on that income.

There are four main types of taxes in New York:

  • State income tax. New York State has a graduated income state tax, which means your tax rate increases as your income increases. The state’s tax rates range from 4% to 10.90%. For example, if you make under $8,500 annually, you will only be subjected to a 4% tax rate. However, if you make $25,000,001 and over, you are now facing the higher end of the state’s tax bracket at 10.90%.
  • Local tax. The local tax is a county-specific tax, and the rates also differ based on income. For example, in Tompkins County, the local tax rate is 4%. In contrast, in Suffolk County, the rate is 4.25%. The variation in local tax rates can make a significant difference in the overall amount of taxes you owe.
  • City tax. City taxes are only applicable to those who live or have earned money in New York City. This applies to individuals, trusts, estates, partnerships, S-corporations, and corporations. The city tax rate is 3.078%, 3.762%, 3,819%, and 3.876% depending on the bracket your income qualifies for.
  • Corporate tax. If you are a business owner, you are also required to pay corporate income tax. The tax rate on your corporate income ranges from 6.50% to 7.25%. These taxes generated from businesses is one of the main sources of revenue for the state of New York, and it helps to fund many of the state’s programs and services that benefit its residents.
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