The IRS is looking for more than a few rich tax cheats.

Fueled by funding from the Inflation Reduction Act of 2022, the agency has contacted tens of thousands of wealthy taxpayers who haven’t filed tax returns in years, generally targeting those worth more than $1 million and with incomes of $400,000 to $1 million.

“Wealthy clients should be concerned,” said Miri Forster, a partner and tax controversy leader for Eisner Advisory Group in Iselin, N.J. “The IRS has increased funding and enhanced data analytics available to better identify and pursue non-filers.”

“Starting in February, the IRS sent letters to 125,000 non-filers for whom they had third-party information such as W-2s or 1099s,” said Bill Smith, national director of tax technical services at CBIZ’s national tax office.

The effort brought in more than $1 billion in less than a year, the IRS claimed—trumpeting it as an effort worth continuing.

Can wealthy clients expect to hear from the IRS? And how can they protect themselves?

Timely response to the IRS is a good first move, advisors say, adding that the agency will sometimes file a return on behalf of taxpayers who fail to file on their own. “If a response isn’t received, the IRS may prepare a Substitute for Return (SFR) on the taxpayer’s behalf,” Forster said. The SFR is typically based on income information IRS has on file through such documents as W-2s and 1099s, he noted.

“If the IRS mocks up a tax return, it will include all of the income it has access to, but the IRS is unlikely to get the individual's deductions correct,” Smith added. “The IRS might not give the individual credit for all of their payments and credits.

“If they collect the tax based on a mocked-up return, it will be more difficult to get it back later,” Smith added.

“If wealthy clients receive correspondence from the IRS about these unpaid taxes or returns not filed, they should immediately notify their accountant and together gather all documents and records [about] returns filed and payments made,” added Paul Miller, a CPA and managing partner at Miller & Co. in New York.

The client could incur late-filing penalties, late-payment penalties and interest on the taxes due, “but the sooner they rectify the situation the better, to avoid additional interest, penalties and enforcement actions [including wage garnishments],” Miller said.

Taxpayers should also do their best to file on time to prevent failure-to-file penalties: 5% per month of the unpaid tax up to a maximum of 25% for each tax year.

As long as funding continues, advisors say to expect the IRS to keep pressure on wealthy taxpayers. Passing time will only add to the problem for clients who are out of compliance.

“If clients suspect that they may be targeted by the IRS in these actions in the future, they should be sure that they have accurate documents and records, receipts, tax returns filed and payment confirmations for all years going back to 2017,” Miller said.

“There are programs available to come forward voluntarily, with an opportunity to request penalty relief at the same time,” Forster said. “Outcomes are typically not as favorable if the IRS reaches out first.”