Awards & Recognition
Situated on California’s scenic coastline, Oxnard is home to more than 200,000 people, making it the largest city in Ventura County. But while Oxnard is known for its sunny beaches, thriving agricultural and manufacturing industries, and affluent neighborhoods, local residents face one of the country’s strictest and most detailed tax codes, which is rigidly enforced by tax authorities like the California Department of Tax and Fee Administration (CDTFA) (formerly known as the State Board of Equalization (BOE)) and the IRS.
Each year, the state of California criminally prosecutes tax crimes that are initially detected and investigated by the criminal tax investigation functions of the IRS, FTB, CDTFA, and EDD. In a vibrant and diverse economic hub like Oxnard, taxes naturally become more complicated and burdensome the more assets you own, and they can become highly intricate if you own or run a business. Fortunately, there is always a way to keep your tax bill as low as possible without exposing yourself to civil and criminal tax liability with the help of a skilled tax professional. However, some taxpayers, for one reason or another, choose to forego hiring a tax professional or hire an unscrupulous one, ending up including false, incomplete, or misleading information on their returns. This can lead to a potential audit or a California FTB, CDTFA, or EDD criminal tax investigation, followed by criminal tax/fraud charges that come with severe penalties like lengthy jail sentences and massive fines & restitution that are non-dischargeable in bankruptcy.
If you need tax help in Oxnard, the Tax Law Office of David W. Klasing is here to offer unparalleled expertise on a breadth of state, federal, and international issues. We can represent you before various tax agencies, protect your rights from being violated, identify strategies to limit your tax liabilities, and help you make more effective financial decisions. For a reduced rate consultation, contact us online, or call our Oxnard tax office at (805) 617-4566 today.
What Happens if My Oxnard Business is Selected for a CDTFA Sales Tax Audit?
In Oxnard, businesses that collect sales tax from their customers are entrusted with remitting those taxes back to the CDTFA. Any discrepancies, such as failing to pay collected taxes or having revenue that’s not appropriately taxed, can trigger a California sales tax audit by the CDTFA. Given the significance of sales tax, which accounts for over 80% of the Department of Tax & Fee Administration (CDTFA) revenue collection, California state tax audits are common, especially for businesses in certain high-risk industries. If you find your business selected for a tax audit, it would be wise to remain composed and promptly contact our dual-licensed Sales Tax Audit Attorneys + CPA.
We combine decades of experience assisting corporations, LLCs, partnerships, and sole proprietors throughout California, in addition to foreign and multinational entities to get through California, solely civil or potentially criminal, sales tax audits. Depending on your needs and priorities, our Oxnard business tax services also include correcting past sales tax compliance errors, providing sales tax audit and appeals representation, fighting criminal tax charges related to perceived or actual sales tax fraud, counseling you on tax planning strategies, or assisting you with the unique sales tax issues that affect online and international businesses.
With recent overhauls in California sales tax laws, especially after the U.S. Supreme Court’s ruling in Wayfair granting states more power to enforce compliance over online sellers, it would be wise to have our dual-licensed Oxnard, CA Online Business Tax Audit Defense Attorneys + CPAs by your side. From internet sales tax audit representation to small business tax planning and bookkeeping services, we possess the experience to answer your business tax questions and help you achieve your goals. Our expertise spans from understanding the California sales tax nexus and differentiating between sales and use tax to assisting with the complexities introduced by internet sales. Trust our dual-licensed Oxnard Sales Tax Audit Attorneys and CPAs to provide comprehensive sales tax advisory and representation, ensuring your business thrives in California’s complex regulatory environment. For a reduced rate consultation, contact us online here, or call our Oxnard tax office at (805) 617-4566 today.
How Can an Oxnard Attorney Help If I’m Facing Criminal Tax Charges?
Recently, the CDTFA issued updated guidance on protocols and procedures for disputing, or “appealing,” CDTFA determinations. While the CDTFA strives to provide clear instructions for taxpayers, handling an appeal without professional tax representation is not advisable. The legal and financial complexities involved make it essential to seek expert assistance. Here’s why consulting our experienced dual-licensed Oxnard CDTFA Audit Attorneys & CPAs is crucial before filing an appeal or petition for redetermination. We help in:
- Complex Legal Framework: Understanding the intricate tax laws and regulations requires specialized knowledge.
- Financial Implications: Incorrect handling of an appeal can lead to increased liabilities and penalties.
- Strategic Advantage: Professional representation ensures that your case is presented effectively, increasing the likelihood of a favorable outcome.
Applicable CDTFA Criminal Tax Statutes
The California Department of Tax and Fee Administration (CDTFA) has several applicable criminal tax statutes that businesses should be aware of. Under Section 7153, any person who submits a false or fraudulent return with the intent to evade tax liability is guilty of a misdemeanour. Penalties for this violation include fines ranging from $1,000 to $5,000, imprisonment of up to one year in county jail, or both.
Under Section 7153.5, if the unreported tax liability exceeds $25,000 over 12 months, the offense is elevated to a felony, punishable by fines ranging from $5,000 to $20,000, imprisonment for 16 months, two years, three years, or both.
Additionally, under Section 7153.6, using automated sales suppression devices or zappers to defeat or evade sales tax obligations is also a misdemeanor. The law requires any person using such devices to pay all taxes, interest, and penalties due to their use. Any prosecution for violations of these criminal tax provisions must be initiated within five years from the commission of the offense or within two years after the violation is discovered, whichever is later.
Comprehensive Defense Against Tax Fraud Charges
At the Tax Law Offices of David W. Klasing, our California Tax Fraud Defense Attorneys and supporting CPAs have extensive experience in assisting clients who may face California tax or fraud charges. Preventing tax fraud charges starts with proactive measures:
- Pre-Filing Consultation: Consult with us before filing your taxes to ensure accuracy and compliance.
- Error Rectification: If you realize you’ve made a mistake on your tax return, contact us immediately. We can often rectify the issue before a CDTFA audit or criminal tax investigation is initiated, helping you return to compliance without facing prosecution.
- Legal Representation: If you are already charged with tax fraud, our lawyers will work to mitigate the damage through strategies such as plea bargains or pursuing a not-guilty verdict at trial, depending on the specifics of your case.
We understand the gravity of potential tax charges stemming from intentional tax evasion, fraudulent withholding, or false statements and the associated heavy fines and prison sentences. Skilled legal representation can make all the difference between an IRS audit concluding uneventfully – or spiralling into a dangerous criminal tax investigation. If you or your small business has been selected for a tax audit in Oxnard, and you are concerned about a criminal tax investigation resulting from or occurring alongside the CDTFA audit, engaging our Oxnard Criminal Defense Attorneys & CPAs services at the onset of a high-risk audit / criminal tax investigation will maximize the possibility of a favorable outcome without escalating to criminal tax charges.
How to File an Appeal and Dispute a CDTFA Sales Tax Audit Finding
In California, tax disputes are generally addressed by the California Office of Tax Appeals (OTA). This unbiased and autonomous appeals body handles tax disagreements involving the CDTFA (BOE), FTB, and EDD, interest charges, and/or penalties associated with income taxes, sales and use taxes, and other state taxes. Following is the process of filing an appeal for CDTFA sales tax audit findings:
Step 1: Filing the Petition
- If the CDTFA determines that you owe additional taxes or penalties, you will receive a Notice of Determination displaying the amount owed.
- To dispute the Notice of Determination, you must file a petition for redetermination within 30 days of the notice.
- Meeting the deadline: It is crucial to meet the 30-day deadline. If you miss it, your liability will become final and due immediately, with no further recourse except paying the amount owed and then filing a refund claim.
- The petition must contain specific criteria set by the CDTFA, the most important being a clear, detailed, and factual basis for your disagreement.
- The petition can be filed online, via fax, or by mail.
Step 2: Appeals Conference
- After filing your petition for redetermination, the Business Tax and Fee Division (BTFD) will review it and issue a decision.
- If you disagree with the decision, you must request an appeals conference within 30 days. Failure to do so will result in issuing a Notice of Redetermination, and your appeal will end.
- The appeals conference is an informal discussion of the relevant facts and applicable law regarding your appeal. The Appeals Bureau will review any evidence or information you present at this stage, provided it meets specific standards. The BTFD will also be able to argue its case, making skilled legal representation critical at this stage.
Step 3: Appeals Bureau Decision
After reviewing both sides’ arguments and evidence, the Appeals Bureau will issue a decision in writing. Depending on the Appeals Bureau’s findings, your appeal may be granted, denied, or partially granted.
Our dual-licensed Oxnard Appeals Attorneys and CPAs provide skilled representation before an appeals officer. An essential element of having a successful outcome in the appeals process is to have detailed and organized records. Utilizing our extensive training and experience, we make sure your documents are in order and that you are in the best position to prevail at the appeals stage. Dealing with the OTA can seem daunting, but we bring strategic insight to the process. Whether you’re dealing with an IRS or California state tax audit, challenging a tax assessment, or seeking relief from IRS collection actions, our meticulous approach ensures you’re well-prepared for every step of the appeals process. From handling trust fund recovery penalties to disallowed business expenses, we will ardently fight for you, keeping you informed throughout the process.
Why Thorough Preparation is Essential to Avoid Severe Sales Tax Audits
Upon notification of a sales tax audit, the business owner typically has several weeks to prepare. The owner and entity should use this time wisely to engage with an experienced tax attorney. The tax attorney can assist your business in preparing and reducing the likelihood of a sample audit or a non-representative audit. Furthermore, letting an attorney handle the audit can ensure that the process is met with an experienced and professional handling. An attorney has the perspective and distance to ensure that matters remain professional and do not devolve into personal attacks.
Our dual-licensed Oxnard, CA, State Tax Attorneys and CPAs have extensive knowledge and experience dealing with various federal and California state tax issues. This incorporates representing clients in cases involving IRS audits, disputes with the CDTFA, EDD, BOE, and FTB, claims for refund, tax collection defense, innocent spouse relief, criminal tax defense, and more. As one of the top tax law firms in the nation, we are consistently ranked and awarded for our exceptional service and expertise in tax controversy and litigation. Our attorneys are recognized leaders and authorities in the field, with numerous media mentions and leadership positions. With our help, you can trust that your tax disputes will be resolved with a customized strategy tailored to your needs. We prioritize protecting your rights and interests throughout the litigation and strive to provide the best representation in all tax controversies. To learn more about the Oxnard tax services we offer, contact the Tax Law Offices of David W. Klasing today to schedule a 10-minute call with an experienced dual-licensed Ventura County, CA Tax Attorneys and CPAs.
David W. Klasing is a dual-certified tax attorney and CPA. His sales tax audit approach analyzes problems from multiple perspectives and can address common issues in initial negotiations. By taking a proactive approach, severe foreseeable problems can be prevented or mitigated. If you have received notice from the California Board of Equalization, call the Tax Law Offices of David W. Klasing today at 805) 617-4566 to schedule a reduced-rate consultation.
Our Oxford Office is Conveniently Located at:
1000 Town Center Dr, Ste 300
Oxnard, CA 93036
Phone: (805) 617-4566
