Brotman Law — IRS audit defense attorneys in San Diego

Tax Strategy

Multi-State Tax Strategy

A strategic overview of how Brotman Law approaches multi-state tax cases.

At Brotman Law, we focus on providing as much as we can for our clients. Our strategy pages give you a detailed look at how we approach each type of tax issue – so you can understand what to expect when you work with us.

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Tax Strategy & Optimization

  • Business Tax Optimization
  • Individual Tax Optimization
  • Residency & Multi-State Tax Issues
  • Exit Planning and Other Corporate Transactions
  • Real Estate and Investment Portfolio Optimization

Tax Defense

  • Criminal Tax Defense
  • IRS Audits
  • California Income Tax (FTB)
  • California Sales, Use, and Excise Tax (CDTFA)
  • California Payroll Tax (EDD)
  • IRS Tax Debt Resolution
  • California Tax Debt Resolution
  • Other State Tax Representation

Employee Retention Tax Credit

  • Employee Retention Tax CreditFilings
  • Employee Retention Tax CreditAudits
  • Employee Retention Tax CreditAppeals
  • Employee Retention Tax CreditLitigation

Other Complex Tax Issues

  • International Tax Controversy and Compliance
  • Multi-State Tax Compliance and Voluntary Disclosures
  • Divorce/Legal Separation Tax Issues
  • Cryptocurrency Tax Issues
  • Cannabis Tax Issues
  • Tax Promoter/Tax Shelter Issues
  • Complex Tax Preparation
  • Other Insights

California State Taxes and Federal Regulations: Conflicts Between Federal and California Law

If your business conducts sales to other states, you need to be aware of how California sales tax rules apply to you — especially if you sell online.

California Use Tax Planning for Aircraft and Marine Vessels

As with most other property, the purchase and use of aircraft within California is subject to sales and use tax, but certain aircraft uses and purchases may be tax-exempt.

How to Apply Payroll Taxes for Multistate Employees

Do you have employees in states outside of California? We can help you fulfill the payroll tax requirements for multistate commerce.

California Sales Tax and Leasing Transactions

Did you know what some leases in California may incur sales tax? We will explain what type of leases may be taxed by the state.

Industry Specific California Tax Issues for Out-of-State Companies

Do you want to do business in California but are not located there? Certain types of out-of-state businesses may be subject to California sales and use tax.

State Income and Payroll Tax Considerations in Multistate Tax Planning

Does your business have employees working in other states? If you do, make sure you are abiding by each state’s payroll tax regulations. Learn more.

Is Labor Taxable in California?

The labor that you are using in your business may be taxable. How do you know? Here some pointers from an experienced tax attorney.

How Does Drop Shipping Affect Multistate Taxation?

Drop shipping may be convenient for your business, but it can quickly turn into a multistate tax nightmare. Find out how to save yourself millions.

Am I Eligible for California’s Voluntary Disclosure Programs?

Do you qualify for the CDFTA Voluntary Compliance Program? If your business has not been paying sales tax, help is on the way.

California Multistate Tax Implications for Amazon Sellers

Does your company sell on Amazon? You still are responsible for California sales tax. Find out how to comply.

9 Frequently Asked Questions About Multistate Taxation [Questions + Answers]

A top tax attorney answers your FAQs about e-commerce and multistate sales tax.

What to Do If You Are an Out of State Business and Audited by California

Facing a California sales tax audit? Do not panic. A top tax attorney offers advice on how to respond to a CDTFA notice.

How to Determine Your Tax Compliance With California Blog

How to Determine Your Tax Compliance With California

If you conduct business across state lines, you may still owe California sales tax. Find out how to comply before it is too late.

How to Minimize Multistate Tax Compliance Risks Blog

How to Minimize Multistate Tax Compliance Risks

Hiring a tax attorney to solve your multistate tax compliance costs a lot less than you think. Find out why Brotman Law is a smart business investment.

What Are the Risks Associated With Interstate Commerce? Blog

What Are the Risks Associated With Interstate Commerce?

Multistate commerce is risky business. Learn what you need to know about multistate tax compliance. A top tax attorney spells it out.

The History of Nexus: Rules and Case Law You Should Know Blog

The History of Nexus: Rules and Case Law You Should Know

These landmark legal cases have set the precedent for today’s multistate tax regulations. Get the background behind major legal decisions.

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The Audit Process Step by Step

Here's what happens from the moment you receive an audit notice to resolution:

  1. Notice received — The IRS sends a letter explaining what they're examining and what documentation they need
  2. Power of Attorney filed — We sign Form 2848, which means the IRS talks to us, not you
  3. Document review — We review every document before anything goes to the IRS. We provide exactly what's needed — nothing more
  4. Examination — The IRS reviews your records. For office and field audits, we attend all meetings in your place
  5. Proposed adjustments — If the IRS wants to make changes, they issue a written proposal. We review it line by line
  6. Negotiation or appeal — We challenge anything we disagree with. If we can't resolve it at the exam level, we take it to appeals
  7. Resolution — Case closed. We make sure you understand the outcome and what it means going forward

Why You Need Professional Representation

Here's the reality: anything you say to the IRS can be used against you. Even an innocent statement can be misinterpreted, taken out of context, or used to expand the scope of your audit.

Your CPA probably filed your return. That's great. But filing a return and defending one are two completely different skills. You wouldn't send your dentist to perform heart surgery — the same logic applies.

A qualified tax attorney knows IRS procedures inside and out, understands the legal standards the IRS must meet, and knows exactly how to position your case for the best possible outcome.

Appeals & Next Steps

If you disagree with the audit results, you have the right to appeal. The IRS Office of Appeals is independent from the examination division, and they settle the majority of cases they hear.

We've won over 100 appeals by building cases that are thoroughly documented and legally sound. The key is presenting a clear, well-organized argument that makes it easier for the appeals officer to rule in your favor.

If appeals doesn't resolve it, the next step is Tax Court. We're prepared for that too, but in our experience, most cases settle well before they get to trial.

How to Prevent Future Audits

Once your audit is resolved, the last thing you want is another one. Here's what we recommend to minimize your risk:

  • Keep meticulous records — especially for deductions and business expenses
  • Report all income — even if you didn't receive a 1099
  • File on time, every time
  • Use actual calculated figures rather than round numbers — while not a major audit trigger on its own, it's a best practice that signals accuracy in your records
  • Work with a qualified tax professional who understands your situation
  • Consider a proactive tax strategy engagement to optimize your structure and reduce risk

Want to make sure this doesn't happen again? After resolving your audit, we can help restructure your taxes to minimize future risk. It's the other side of what we do — and it's just as important as the defense. Learn about our tax strategies →

Related Resources

View Our Multi-State Tax Services →

Read the Multistate Tax Guide →

Frequently Asked Questions

Multi-State Tax Strategy FAQs

How do I know if I have nexus in another state?

Nexus — the connection that gives a state the right to tax you — can be created by physical presence (employees, offices, inventory) or economic activity (exceeding a state's revenue or transaction thresholds). After the Supreme Court's Wayfair decision, most states now impose economic nexus standards for sales tax. For income tax, the rules vary significantly by state. We analyze your business activities across all states to identify nexus exposure and filing obligations you may not be aware of.

Can I be taxed by multiple states on the same income?

Yes, and this is one of the most common multi-state tax problems. If you earn income in a state where you are not a resident, that state typically has the right to tax that income. Your home state also taxes your worldwide income but should provide a credit for taxes paid to other states. However, credits are not always dollar-for-dollar, especially when tax rates differ or when states disagree on how to source the income. We structure multi-state filings to minimize double taxation.

I moved from California to another state. Is California still taxing me?

Possibly. California's FTB is notorious for challenging residency changes, particularly for high-income taxpayers. They examine factors including where you maintain your closest social and economic ties, where your spouse and dependents live, where you are registered to vote, where your vehicles are registered, and where you spend the majority of your time. Simply changing your address or driver's license is not sufficient. We help clients document and defend legitimate residency changes with the evidence the FTB requires.

How should my business apportion income across multiple states?

Most states use a formula based on where your sales, payroll, and property are located — though many states (including California) have moved to a single sales factor. The rules for sourcing sales of services versus tangible goods vary by state, and getting this wrong can result in overpaying in one state while underpaying in another. We review apportionment calculations across all states where you have filing obligations to optimize your total state tax burden.

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