Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California

How Much Is it Going to Cost Me for Brotman Law to Defend Me?

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In a sales tax audit, as I’ve mentioned before, sales tax audits are very cumbersome processes. They involve a lot of documents, they involve a lot of data and they take a while to get through and our firm efficiency is one of our key factors in the work that we do. We want to make sure that the work and the value that we’re providing for clients are in a line with their cost expectations. With that said, sales tax audits are a lot of work. There’s a lot of organization and presentation and the materials. There’s a lot of tendency for disagreements in sales tax audits, particularly when they’re using statistical samples. Oftentimes those statistical samples come out wrong on the CDTFA side and we have to correct them and it gets tough when you have an auditor and you get into a conflict with that auditor and the auditor won’t back down. So with that said, sales tax law does have the ability to drive cost. One of the things that we do to mitigate cost is by sticking and trying to minimize cost in three key areas.

Key Takeaways

  • In a sales tax audit, as I’ve mentioned before, sales tax audits are very cumbersome processes.
  • The first one is with decisions. We’d like to put our clients in the position to make quick and accurate decisions. The easier decisions come, the easier it is to deal with the sales tax audits and the lower the cost to the client. Number two is documents.

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Is it Possible to Settle With the Auditor?

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Unfortunately playing let’s make a deal with the Auditor is not really possible. It’s not possible to just throw out a number, let’s say $25,000, to make the auditor go away. However in the context of any sales tax audit, there’s a certain amount of horse trading that happens in order to get to a result from the CDTFA’s perspective. CDTFA would rather close the audit as agreed than have an audit going into appeals. The more cases they close out at the audit level,

Key Takeaways

  • Unfortunately playing let’s make a deal with the Auditor is not really possible. It’s not possible to just throw out a number, let’s say $25,000, to make the auditor go away.
  • the less likely they have to do any work and the less resources that they have to allocate. Those resources at CDTFA are precious.

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What Happens After the Audit? What Happens If I Disagree With the Result?

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Key Takeaways

  • Topic: What Happens After the Audit? What Happens If I Disagree With the Result?
  • There are a couple possible outcomes.
  • Number one is that the auditor’s report is sufficient and that you agree with it.

There are a couple possible outcomes. Number one is that the auditor’s report is sufficient and that you agree with it. If you agree with it, there will be a short exit conference between you, the auditor and the manager so the auditor can explain what they did in the report. If you don’t agree with the audit then this conference happens anyway but at least that will give you the opportunity to express your disagreements in front of the manager and have the auditor potentially make changes. Now the problem with this is is the auditor at this point has usually already run the audit report by the manager and anticipated any disagreements that you might have with it so the manager is less likely to stand up for you than you would think but there are opportunities there to present any additional documentation or any other fact-finding before the close of the audit. If you’re not successful with resolving things with the manager, then the auditor will issue you a bill. They will turn in the audit and a bill will be generated about two to three months later and then when you receive that bill, you can file a petition for redetermination. Upon filing your petition for redetermination, you will proceed to a 10-day conference. We will have the opportunity to speak with the head of the audit unit for that particular.

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What Does the CDTFA Appeals Process Look Like?

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After you get a bill from the Auditor based on a disagreement, you file a petition for redetermination. Unfortunately CDTFA is often backed up with Appeals so petitions for redetermination can take a while to go through the system before you actually get to an appeals conference. Prior to the Appeals conference you have the option of going to CDTFA settlement. CDTFA settlement is a group of settlement officers that are designed to resolve cases before they reach CDTFA appeals. If there’s an opportunity for settlement it’s suggested that you go to see CDTFA settlement to try and resolve the case. CDTFA settlement process is much less time-consuming, much less expensive and particularly if you’re not looking for them to resolve

Key Takeaways

  • After you get a bill from the Auditor based on a disagreement, you file a petition for redetermination.
  • the case entirely, meaning wipe your liability up to zero, it can be a good opportunity to get some small gains and settlement or concessions.

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What If I Owe Money at the End of a CDTFA Sales Tax Audit?

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If you owe money at the end of the CDTFA sales tax audit process, you have a decision to make. Can you pay the liability in full, do you want to pay the liability in full, do you want to go into collections or is it better to file petition and pay the liability over time? This is a strategic decision that we make depending on the taxpayer’s facts, circumstances and how much they owe. However if you don’t appeal the liability, you will proceed into CDTFA collections and then collections will start to negotiate with you. In our experience for taxpayers that don’t have immediate flexibility to pay

Key Takeaways

  • If you owe money at the end of the CDTFA sales tax audit process, you have a decision to make.
  • the liability or who can’t pay the liability within the course of a year, we recommend to file a petition and proceed through the appeals process.

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What Is Brotman Law’s Strategy in a Sales Tax Audit?

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Sales tax audits are notoriously tricky they consume a lot of resources both in time and energy, and money so the goal with us and with our clients is to get out of the process as quickly as possible for the least amount of damage. When we look at a CDTFA audit, we’re looking at the cost-benefit of the situation. What’s the cost to the client, what’s the benefit of a certain action and how best can we get out of the audit with minimizing our expenditure and being as efficient as possible with our resources? One of the best ways that we do this is prior to creating the audit plan will try and pre-audit.

Key Takeaways

  • Sales tax audits are notoriously tricky they consume a lot of resources both in time and energy, and money so the goal with us and with our clients is to get out of the process as quickly as possible for the least amount of damage.
  • Pre-auditing the client is very important because it gives us a roadmap for how the sales tax audit’s going to go and what the areas of risk are for the client.

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How Are Individuals/Companies Selected for Audit? Why Am I Being Audited by the IRS?

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The IRS audits people for many different reasons but generally speaking when the IRS audits an individual or business it’s expecting to yield additional tax due to owing on a return.

Key Takeaways

  • The IRS audits people for many different reasons but generally speaking when the IRS audits an individual or business it’s expecting to yield additional tax due to owing on a return.
  • The IRS tends to measure the propensity for error that is likely to occur. If the IRS audits the return and the potential for unreported income that may be associated with the return, the short version is the IRS has limited resources.
  • the return it means that they’re looking to get something back.

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Brotman Law Featured in Inc. Magazine - Fastest Growing Law Firm in California