Only IRS Special Agents, who represent the criminal division of the IRS, have the authority to arrest taxpayers when they believe a crime has been committed; regular IRS agents conducting civil tax examinations do not have arrest powers. Taxpayers under investigation should consult a tax attorney to ensure attorney-client privilege, as CPAs and enrolled agents only have privileges for civil matters, not criminal investigations.
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Can an IRS Agent Arrest You?Added:
Whether an IRS agent can arrest you or not depends on the specific type of IRS agent you're talking about. So, if you're sitting there in an auditor examination for a civil tax liability, for example, then that type of IRS agent can't arrest you. They don't have arrest powers, right?
When you're dealing with the IRS special agents, it's a little different. IRS special agents do have that power. So, the IRS special agents represents the criminal faction of the IRS, and if they believe that you committed a crime, then they do have the authority to arrest you. So, typically we find during a first appearance when they show up to your house or somewhere your place of employment, just some third-party location where you're not prepared.
They're trying to gather information first, and they don't necessarily arrest you on the spot. But, it is important to note that they do have that power. So, for taxpayers who find themselves under investigation, it's important that they reach out to a tax attorney because only with an attorney will they have an attorney-client privilege. CPA and enrolled agent have certain privileges for civil, but it doesn't extend to criminal areas.
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