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Steps to Take if You’re Contacted by IRS Special Agent

By
Venar Ayar, JD, LLM (Tax)
on
April 24, 2025

Table Of Contents

Failing to file a tax return, committing tax evasion or participating in tax fraud are some offenses that can be considered serious crimes under federal law.  If the IRS suspects you have committed a tax crime it will utilize its Criminal Investigation Division (CID) to investigate.

A s part of the CID’s process, a Special Agent may reach out to conduct questioning.  If you are contacted by a Special Agent, it’s important to take the right steps immediately to try to prepare the best possible defense against the potential charges from the IRS.  Find out what to expect during a Special Agent’s investigation and why you need to hire a criminal tax attorney.

Why You Could be Contacted by a Criminal Tax Investigator

When the IRS turns a case over to its Criminal Investigation Division, it will examine you for potential criminal tax violations.  These can include tax evasion, tax fraud, hidden foreign assets, or failure to file a tax return or pay owed taxes.

The IRS may find an error on your tax return that can trigger an investigation, or it may suspect information is missing or inaccurate.  It may also base its investigation on information from publicly reported information or a whistle-blower.

What Steps a Criminal Tax Investigator Will Follow

During an investigation, a Special Agent will follow procedures to conduct his or her investigation.  Some of the steps an agent may take can include:

  • Start the investigation – with or without informing you.
  • Gather information on you to determine if there is evidence of a potential tax crime.
  • Contact you, usually by letter, if there is enough evidence to proceed with the case.
  • Schedule an interview with you to discuss the evidence and charges.

Why You Need to Hire a Tax Attorney ASAP

If you find yourself the subject of a criminal tax investigation, you need to hire a tax attorney immediately.  It’s important to have an attorney as soon as you are aware you are being investigated – and before you speak with a Special Agent.

Speaking with a Special Agent, or going through an interview with the Special Agent, may cause you to self-incriminate yourself if you don’t have an attorney present to protect your interests.  If you haven’t hired an attorney before a Special Agent requests an interview, you should decline to speak with him or her until you can have representation.

Beyond helping with the interview, a tax attorney can also help you prepare your defense, gather the necessary information, and contact the IRS or Special Agent on your behalf during the investigation.  Since tax attorneys have extensive tax law knowledge, they can determine the best defense for you against the potential charges.

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About the Author

Attorney Venar Ayar is an award-winning tax attorney dedicated to helping clients protect themselves from the constant threat of the IRS. Whether you need help with unfiled tax returns, applying for an Installment Agreement, settling for less than you owe through the OIC program, or some other form of IRS debt relief, we’ve got you covered.
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