Benjamin Franklin once said, “Our new Constitution is now established, everything seems to promise it will be durable; but, in this world, nothing is certain except death and taxes.” Franklin may have been correct regarding the certainty of death, but was he correct about the certainty of taxes?
Brotman Law
Why is Tax Compliance so Challenging for Cannabis Businesses?
Washington, Oregon, and California were among the first states in the country to legalize cannabis for recreational use.
How to Work with Brotman Law on Your IRS Collections Case
The biblical tale of David and Goliath is certainly inspiring and does much to instill the belief that you can overcome any opponent, no matter how much they out-size, out-weigh or out-spend you.
Unfortunately, this is not a fair comparison to use for someone going nose-to-nose with the IRS.
IRS Offers in Compromise
The government evaluates offers in compromises (OIC) based on what a taxpayer’s reasonable collection potential (RCP) is. Remember, an offer in compromise is an agreement between the taxpayer and the government to forgive a past tax liability in exchange for future compliance.
CDTFA Sales Tax Audits
The California Department of Tax and Fee Administration auditor will always make sure to distinguish between sales and use tax. Generally, the sales tax is the liability of the seller, whereas the use tax is the liability of the purchaser.
A retailer who consumes merchandise purchased for resale under a valid resale certificate or any person who consumes merchandise purchased from a retailer, the sale of which is exempt from sales tax (in contrast to CDTFA sales tax audits), is liable for the use tax on the cost of the property purchased.
In the case of a use tax, purchaser is liable until he or she paid the tax to the state or to a vendor who is authorized or required to collect the use tax and who must issue a receipt to the purchaser.
If the purchaser certifies in writing to a seller that the property purchased will be used in a manner as to entitle the seller to treat gross receipt form the sale as exempt from the sales tax, but purchaser actually uses the property in some other manner and for some other purpose, then the purchaser will be liable for sales tax as if purchaser was the seller in the original transaction.
Managing Tax Liability During and After a Divorce
Describing the divorce process, a client once said that splitting assets in a divorce was like separating delicate strands of a spider’s web. Coming to terms with a divorce in general may at times feel like an impossible mess to unravel; let alone to later find yourself in further entanglement with the IRS.
With the right guidance however, you can untangle the web of divorce dilemmas for good (at least from a tax perspective). This guide is made to help individuals navigate the issues of tax liability that relate to divorce.
Employment Development Department Installment Agreement – Part Two
If an entity which enters into long-term agreement is a corporation, LLC or an LLP, and the remaining balance is more than $10,000 of overall assessable tax liability amount, a form DE 204 must be filed. DE 204 establishes liability of corporate responsible persons in regards to assessed tax liability of the corporation.
In any case, EDD will also require written explanation of how the liability was created. EDD also will require financial statements, personal or business, with documentation regarding financial status such as loan denials, tax returns, bank statements, accountant’s financial reports, etc.
EDD may require additional supporting documentation regarding financial statement entries. Long-term agreement must be approved by EDD’s lead senior tax compliance representative or tax compliance supervisor.
Employment Development Department Installment Agreement – Part One
Under California law, taxpayers have a legal obligation to report and pay contributions and withholdings when due. If a taxpayer becomes delinquent in the payment of amounts due, the Employment Development Department (EDD) will take appropriate action to collect the full amount immediately.
The EDD recognizes that sometimes it is in the best interest of the state and in the interest of a California taxpayer that EDD allows an installment agreement to liquidate over a period of time an amount owed by taxpayer.
Employee Payroll Taxes: How the EDD Handles Misclassified Workers
Managing employee payroll taxes can get quite complicated, with a number of areas being particularly opaque. One of those is the question of employee classification; is a person properly classified as a worker or an independent contractor?
Misclassifying workers as independent contractors carries with it some significant consequences, including penalties and even potential fraud prosecution, so it is a topic worth exploring in some detail.