Errors in tax returns are common. Each year, several million taxpayers are notified by the IRS of mistakes in their returns. Identified through automated means, these errors are not usually tax fraud, but the IRS diverts the return to address the error(s). Errors might be information that is missing or a literal math error in addition, division, disallowed tax credits and the like. Errors also occur when figures are provided that are inconsistent with statements or entered on the wrong forms.
While the IRS sends error notices to taxpayers whose returns have been deferred due to an error, the notices can sometimes be unclear and may not spell out taxpayer rights in the event of an assessment due to a math error. These rights include a 60-day window of opportunity during which a taxpayer can challenge a new assessment.
When the Math and Taxpayer Help Act goes into effect on Dec, 1, 2026, the act will clarify the responsibilities of the IRS when notifying a taxpayer of a math or clerical error. The act outlines specific information that must be provided to a taxpayer and the taxpayer's rights to challenge the error, including the following:
According to the National Taxpayer Advocate, which pushed for this change in the law, the act provides greater due process protections for taxpayers and improved clarity in IRS and taxpayer procedures for handling or challenging the errors. Overall, the act improves important communication and service to taxpayers.
Minor errors on returns can be frustrating, but if the IRS alerts you to an error of serious magnitude and financial importance, such as one involving an offshore tax investment or Report of Foreign Bank and Financial Accounts (FBAR) filing, consider speaking with a tax attorney to clarify your understanding and options before contacting the IRS.
If you receive a worrisome notice of deficiency or IRS audit letter, speak with tax group. At Robert J. Fedor, Esq., L.L.C., we provide experienced legal counsel on options to help you navigate IRS interest in your return or business dealings. Contact our legal team today at 440-250-9709. We serve clients. internationally and Northeast Ohio, Chicago, and New York City from our offices in Cleveland and Chicago.
For additional background on criminal tax fraud, the firm has prepared an educational resource outlining common tax crime scenarios and compliance considerations.