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Defending Yourself in a Georgia Tax Audit

Georgia tax audits have many similarities to IRS tax audits. There are a few tips you should always if you are under audit by the Georgia Department of Revenue (GADOR) or the IRS:

  • Read all notices you receive from any tax authority. Note any deadlines and call a tax attorney if you aren’t sure what to do.
  • Have a representative handle communications with the IRS or GADOR examiner. You’ll avoid incriminating yourself or handing over unnecessary information.
  • You have the right to appeal or challenge any adjustments that are made to your return.

Georgia Audit Selection Process

GADOR can audit your return for up to three years after the return’s due date. However, this period can be extended in some cases. If you commit tax fraud, there is no time limit on a GADOR tax audit or the assessment of additional tax.

GADOR can get help from the IRS when selecting returns for audit. This may include the following situations:

  • Taxpayers who are Georgia residents and filed federal returns, but no state return.
  • Mismatched information between your federal and state tax returns.
  • Taxpayers who were audited or had adjustments made to their federal return. You are generally required to amend your Georgia state tax return in these cases.

Georgia Audit Defense

You’ll first be noticed of a GADOR audit when you receive a letter in the mail. You’ll have several months to prepare for a meeting with the examiner. You’ll be expected to bring documentation to support the positions on your return.

It’s highly recommended to have a tax attorney represent you during the audit process. If changes are made to your return, it could also result in changes to your federal return. You may need to pay back taxes, penalties, and interest to both the IRS and GADOR.

After the audit, the examiner will make a determination of whether additional tax should be assessed.

Appeal Options

You can appeal a proposed adjustment by filing a written protest. You have 30 days to submit the protest.

If you receive an official demand for payment, you can still appeal the adjustment by filing a petition to the Georgia Tax Tribunal. 

The Gartzman Law Firm can help you with tax audits and other Georgia tax problems. Use our contact form to request a consultation with an Atlanta tax resolution attorney.