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California Tax Attorney + CPA for Landscape Companies

California Tax Attorney + CPA for Landscape Companies

Landscaping companies shape our environments, from our lawns and gardens to our downtowns and office parks. However, success in the landscaping industry depends on more than skill and talent. Landscapers also need to address complex tax and financial questions, such as how and when to charge California sales tax, the effects of depreciation on business equipment, whether to purchase or rent industrial gardening tools, and which of your business expenses are tax deductible.

See our Audit Representation Q and A Library

If you own and operate a landscaping business in California, invest in landscaping startups, intend to sell or dissolve your landscaping business, or have plans to start your own landscaping company, you should consult an experienced California tax attorney to ensure that you receive guidance which aligns with your professional goals. However, if you have already been selected for a tax audit especially where you may be at risk for a fraud-related tax crime, a tax lawyer from the Tax Law Office of David W. Klasing can mitigate the resulting fallout, protecting your constitutional rights and counseling you on important business and legal decisions.

See our Entity Selection Q and A Library

See our Business Purchases and Sales Q and A Library

See our Business Succession Q and A Library

Tax Audit Attorneys for Landscaping Companies + Gardeners in California

Failure to comply with state or federal tax regulations can expose your business to criminal tax penalties, single you out for a civil tax audit, and invite an array of fines and sanctions. Careful tax planning and thorough recordkeeping are the best lines of defense against a tax audit – or an criminal tax indictment. If you need assistance preparing for an IRS audit, fighting a tax evasion charge, filing California or federal tax returns, making a voluntary disclosure, appealing the results of a tax audit, or settling another type of tax dispute, our office is always available to provide efficient 24-hour support.

How Will I Be Notified if I Am Chosen for a Tax Audit?

If you are selected for a tax audit, you will receive a written notice, such as Form CP06, detailing the reasons you or your business was chosen. The form referenced in this example, Form CP06, specifically pertains to premium tax credits. If another matter has triggered your audit, such as unfiled tax returns or underreported business income, you will receive a different notice appropriate to the situation. You should contact an IRS tax attorney immediately upon receiving such notice, as time is of the essence when preparing for an examination.

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Other than the IRS, which strictly conducts federal tax audits, you may be audited by one or more of the following California agencies:

  • California Department of Tax and Fee Administration (CDTFA)
  • Employment Development Department (EDD)
  • Franchise Tax Board (FTB)

Landscaping companies are known to employ illegal aliens, misclassify employees as independent contractors, and paying workers in cash without issuing 1099 or reporting on W2s.   These issues can easily result in a criminal tax prosecution and are best handled delicately by competent tax counsel.

See our Sales Tax Q and A library

See our Employment Tax Law Q and A Library

Can an IRS, CDTFA, FTB, or EDD Audit Lead to Tax Evasion Charges?

In short, yes. In fact, not only can a civil tax audit lead to a criminal tax investigation; there are also situations where the reverse occurs, and the taxpayer is placed under audit while being criminally investigated over tax issues. This is known as a “reverse eggshell audit,” whereas a standard eggshell audit involves any substantial misstatement of income, expense or credits on an individual’s or company’s tax returns. If your audit is abruptly terminated, if you lose contact with your auditor, or if third parties (such as your bank) start to receive subpoenas or summonses, be on high alert, as these are classic warning signs that a civil tax audit is transitioning to a criminal IRS investigation.

See our Criminal Tax Law Q and A Library

Audit Appeals Representation for Landscaping Companies in California

You may contest, or “appeal,” the results of an IRS tax audit, FTB tax audit, EDD tax audit, or CDTFA tax audit. However, you must adhere to certain rules in order for your appeal to succeed. For example, you must file your appeal by the appeal-by date provided on your notices containing IRS, FTB, or CDTFA audit determinations.

Your appeal must be based in fact and supported by concrete evidence to the greatest extent possible, such as previous court decisions, IRS manuals, or statutes within the Internal Revenue Code (IRC) to prove the law and facts are on your side. You may not appeal an audit decision on constitutional, religious, ethical, or similar grounds. It is vital to hire a tax attorney for the IRS appeals process, since an attorney is in the strongest position to represent your interests effectively before an appeals officer. If an appeal fails, the next and final step is generally tax litigation.

See our IRS Appeals Q and A Library

See our Tax Litigation Q and A Library

California Tax Lawyer + Accountant for Landscaping Businesses

Call the Tax Law Office of David W. Klasing at (800) 681-1295 to speak with an experienced attorney-CPA today, or contact us online to schedule a reduced-rate tax consultation. With offices throughout Northern and Southern California, we are conveniently located to serve gardeners, landscapers, suppliers, and vendors statewide.

Note: If you have concerns about the privacy of our initial or subsequent communication and are unable to easily travel to our Irvine / Orange County Main Office, consider scheduling a GoToMeeting to safely and securely establish an initial or maintain an existing attorney client relationship.  With end-to-end encryption, strong passwords and top-rated reliability, no one is messing with your meeting. To schedule a reduced rate initial consultation via GoToMeeting follow this link.   Call our office and request a GoToMeeting if you are an existing client. We are generally happy to travel to any of our appointment only satellite offices for a subsequent meeting in appropriate circumstances once a relationship is established via a signed engagement letter and the payment of an initial retainer or where enough retainer is available where a current client to cover the reasonable travel time and time required for the meeting.

Will it cost me more to hire the Tax Law Offices of David W. Klasing, who’s main office and the vast majority of the firm’s staff is located in Irvine California, but an appointment only Satellite office is close to my location, as opposed to a local company?  Absolutely not!  See our policies that address this issue here