Nationwide Sales Tax Audit Defense Attorney
Have a Professional Handle Your Company’s Sales Tax Audit
Most states audit businesses for sales tax, sometimes resulting in assessments that can be a huge financial burden on the business. These sales tax assessments often go unchallenged because the business owner or in-house accounting personnel are not familiar or experienced with the sales tax laws that could reduce the sales and use tax liability of the business. As a result, many businesses are overpaying astounding sums to their state.
State use tax issues for certain types of businesses are more robust. For example, businesses that are in construction or real property improvement industries have low exposure on the sales side of an audit, but often have a very high potential for exposure on the purchase side. Most items purchased and installed into the real property are often taxable to the business, and in many industries, normally nontaxable services, like labor, may be subject to use tax. For the uninformed business, a large assessment of its purchases can put them out of business.
The panic of a state sales tax audit often begins by receiving that dreaded phone call from a state sales tax auditor. Usually, after the inquiry phone call and formal notice is issued, a state sales tax auditor can audit 3-4 years of business activity from when a return was filed; they could possibly go back to the inception of business if a state sales and use tax return was not filed. The slightest error, when multiplied over 3 years, can add up to a considerable amount of sales tax liability. These audits are often triggered by seemingly insignificant things like not having the correct paperwork.
Why Do Business Owners Overpay State Sales Tax?
Our skilled team of sales and use tax experts have found that there are 3 main reasons why businesses overpay state sales tax rather than appropriately challenging the assessment:
- They do not have a sales tax expert handling their audit and they assume their accountant or CPA can take care of it.
- They do not know if the assessed amount is incorrect.
- They think they cannot afford a sales tax attorney or sales tax expert.
What to Expect During A State Sales Tax Audit
Notice from Department and Meeting Request
A state sales tax audit begins with a notice from the Department of Revenue or state revenue agency. From there, an initial meeting is set to discuss the nature of the business that has been audited. From there, the state sales tax audit examination begins.
Audit Plan and Examination
After an audit plan is developed, the auditor will perform an examination by comparing the taxpayer’s books and records to the items reported on the state sales tax return. Upon completion of the examination, the state sales tax auditor will issue a report with sales and use tax adjustments. It is important to know that you have the right to have a sales tax consultant, sales tax attorney, or other sales tax professional represent you during your audit by completing a power of attorney form.
Examining Your Sales During a State Sales and Use Tax Audit
Unlike a federal tax audit, a state sales tax audit is a tedious and exhausting process, to say the least. The state sales tax auditor’s goal is to find your business’s skeletons in the closet. There will be disagreements with the auditor as to whether they are entitled to documentation or not, whether certain transactions are taxable, where the audit takes place, and how long the auditor has at that location to do the audit.
While many business owners, sales tax attorneys, and CPAs believe that the state can do as they please and push your business around, they cannot. A competent and experienced sales tax professional knows when and how to push back and when to tell the state no. During a sales tax audit, the auditor will request a wide range of documents. It is critical to have a state sales tax professional on your team to determine which documents the auditor is entitled to and which they are not.
For example, the auditor will first determine whether all sales or gross sales were reported on your sales tax return. Often, the auditor will compare your sales tax return to a control document like bank statements or your federal tax return. This will allow them to make sure all sales were reported. The tax auditor will also make sure you can provide proof on your exempt sales. In general, the auditor can review the last 3-4 years during the tax audit.
Examining Your Purchases During a State Sales and Use Tax Audit
Most people are surprised to learn that a state sales and use tax audit involves an examination of your business’s purchases as well. On the use tax side, the auditor generally checks to make sure you properly paid tax on items used or consumed by the business. Despite publications and tax lawyers’ advice to the contrary, if a business buys an item online without paying state sales tax, the business has an obligation to remit use tax. Along with untaxed purchases of equipment, this can result in shocking results for the unsuspecting taxpayer.
Upon completion of the audit, there will usually be an exit conference with the auditor. The purpose of the exit conference is to review the work papers. It is advisable to have a tax professional present during this meeting. Eventually, the audit will culminate in a report of field audit or a report of the investigation that summarizes the findings.
Post Audit and Exit Conference
Following the state sales and use tax audit, if you disagree with the adjustments that cannot be resolved with the auditor, a notice of proposed determination, or similar notice, is issued. It is critical that if you wish to protest the notice, you must do so within a short timeframe, often 30 to 60 days. After filing, the Department of Revenue or state revenue agency will review and either withdraw the assessment, request additional information, or schedule for an informal conference. If you do not agree with that decision, you can generally file for reconsideration with the agency or appeal the decision to tax or administrative court. While it is not required, it is often advisable to have an attorney handle your case in administrative court.