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Explanation and Penalties of Sales Tax Fraud in California

Explanation And Penalties Of Sales Tax Fraud

Explanation and Penalties of Sales Tax Fraud in California

Sales tax is added to almost every piece of merchandise sold in the State of California. It adds to the city, county, and state coffers to help pay for services everyone enjoys.

Sales tax can also be a lure into illegal activity. Sometimes it is not intentional. A retailer makes an error that can be attributed to complexity of the tax code. This is merely negligence.

Other times, it is very intentional. Then it becomes sales tax fraud.

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What Are the California Payroll Tax Penalties If I Don’t Pay?

What Are the California Payroll Tax Penalties | Brotman Law

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Key Takeaways

  • Filing of returns and payment of taxes can both be done online or mailed to the EDD.
  • There are a number of penalties that may be levied for underpayment or non payment of taxes on top of the standard late fees.
  • Sometimes an employer may operate a dual system, where they report some of the wages paid to a worker, but fail to report others – for example, overtime monies paid in cash.

As an employer, you are obliged to file payroll tax returns and pay payroll taxes. While the obligation can feel burdensome, especially when times are tough and cash flow is slow, this is obligation that you must never delay.  Substantial penalties may accrue to any employer who doesn’t file correctly, leaving you in a far worse situation than before.

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The CDTFA and California Tax Liens

Boe And California Tax Liens

BOE and California Tax Liens

The consequences of falling behind on your taxes are difficult for anyone, but when we are talking about businesses, sales taxes, and the California Department of Tax and Fee Administration (CDTFA), the results can be devastating. The CDTFA is particularly aggressive about investigating and pursuing unpaid sales taxes, and will often demand immediate payment of any liability, no matter what other types of financial responsibilities or consequences the business may be facing. One of the most powerful “weapons” in the CDTFA’s arsenal of collection tactics is the tax lien. Understanding how liens work, why they happen, and what to do if one is recorded against you is important in order to protect your business during times of financial difficulty.

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Who Can Get a California Sales Tax Exemption?

Who Can Get A California Sales Tax Exemption

california sales tax exemption

Key Takeaways

  • An item is taxable if it is tangible personal property, which includes retail goods of all kinds.  Although in general services are excluded, they may be subject to sales tax if they result in the production of a retail good.
  • As a business owner, you are responsible for paying the sales tax to be remitted to the BOE and you carry the liability for any unpaid amounts.
  • Sales tax is measured by determining the business’s gross receipts and subtracting any non-taxable sales.

If you own a business which produces tangible goods, then you are obligated to pay sales tax to the Board of Equalization. There are, however, a number of exemptions to this rule, some of which apply to various types of goods and others which attach to certain buyers.  It is important to understand which types of business can get a partial or full sales tax exemption and the consequences for improperly failing to pay sales or use tax. Sales tax is a complex area of law, with a huge range of exemptions that apply to various goods or types of sellers. Penalties for failing to pay sales tax are steep, so a little knowledge now can keep you from a huge liability later.

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How to Handle an EDD Lien: Notification, Contributions, and Penalties

How To Handle An Edd Lien

how to handle an EDD lien

As a business owner, you are responsible for paying payroll taxes and filing periodic reports in accordance with your obligations. If you do not do so, you risk having a lien recorded against your property by the EDD. The details of tax liens are confusing to many people, but it’s important to understand what a lien is, why they are issued, and what your options are to avoid or discharge the lien.

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Franchise Tax Board (FTB) Offer in Compromise: California Offer in Compromise 101

Ftb Oic

franchise tax board (ftb) offer in compromise

Key Takeaways

  • It is a problem that many individuals or business owners in California have faced.
  • Generally, if you do not pay the taxes due to the state on time, you will be sent a notice in writing, informing you of how much you owe.
  • The FTB will expect you to exhaust most other avenues for paying off your tax debt.

It is a problem that many individuals or business owners in California have faced. You may have had a difficult year financially, and when tax time rolls around you discover that you owe more to the California Franchise Tax Board (FTB) than you can afford to pay. If this is your situation, there is light at the end of the tunnel. The FTB is willing to work with cooperative delinquent taxpayers to come up with a solution that works for both parties. One of these solutions is the offer in compromise (OIC). Could it be the right choice for you? You need to understand what is involved, how it can help your situation, whether you are eligible and how to apply before you can make a decision.

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California Sales Tax Audit: Everything You Need to Know

Sales Tax Audits

sales tax audits

Key Takeaways

  • Facing a sales tax audit is an intense time for any business.
  • There are many reasons that your business could end up under the scrutiny of a BOE sales tax audit.
  • These are some of the reasons that grocery store, bars, restaurants, and other businesses in the hospitality sector are frequently audited.

Facing a sales tax audit is an intense time for any business. Even if you are sure that your bookkeeping and records are impeccable, the painstaking process of proving your honesty takes up a lot of time and resources, and hosting an auditor as they comb through your books is always a stressful prospect.

Most California businesses will deal with a sales tax audit at some point, and understanding why and when sales tax audits happen and what to expect is the best way to be prepared when your number comes up.

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Am I Going to Be Hit With an Estimated Tax Payments Penalty?

Estimated Tax Payments Penalty

Mistakes can be costly if left unchecked

Key Takeaways

  • Mistakes can be costly if left unchecked
  • Calculating your estimated tax
  • All about Underpayment Penalties

For many people, income tax withholding is something that happens automatically: you indicate your tax withholding rate to your employer on a W-4 form for federal taxes and a DE 4 form for California, and the taxes are taken out before you even see your paycheck. If your employer withholds at the correct rate, chance are you’ll end up with a nice refund at tax time.

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California Tax Audit Statute of Limitations: Is Time on Your Side?

Sales Tax Audit Statute Of Limitations

sales tax audit statute of limitations

A sales tax audit is a sobering ordeal, but it is one that many (if not most) California businesses will face eventually.

If you are selected for an audit by the California Board of Equalization (BOE), you will have to prepare a wide range of documents and records for your auditor to review, but how far back will the BOE want to look, and what are your rights?

Today, we will take a look at the California tax audit statute of limitations within the California sales tax audit process and what this means for your business.

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