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Criminal Exposure as a Result of Sales Tax Audits

Table of Contents

    Date: 06/25/12

    Topic: Sales Tax Audits

    Lately we have been representing clients that have exposure to criminal tax evasion charges stemming from sales tax examinations. The California Board of Equalization (BOE) can bring criminal charges for sales tax evasion in cases where large amounts of taxable sales are omitted or worse yet where sales tax is collected but not remitted by making a referral to the California Attorney General’s Office recommending prosecution. The BOE can also, and often does, make referrals to the IRS or California Franchise Tax Board where it discovers large differences in reported sales for Federal and California Income tax purposes as compared to the results of its audit under information sharing agreements. Both the IRS and FTB have their own criminal investigation divisions that may or may not act on such a referral.


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