With a population of over 1 million, San Jose is a vital economic and cultural hub in Northern California. Located in the heart of Silicon Valley, San Jose is renowned for its thriving technology sector, hosting some of the world’s leading tech companies and startups. Additionally, its proximity to major research institutions and its role as a global innovation center contribute significantly to the region’s economic activity. However, despite its economic strengths, even San Jose’s most affluent residents can face significant financial pressures due to California state and federal tax regulations and the unintended consequences of civil and criminal law enforcement.
In addition to IRS auditors, California state tax auditors are trained to seek out and identify numerous tax fraud indicators and other informational discrepancies in your tax documents. The Franchise Tax Board (FTB) and other California tax agencies, including the California Department of Tax and Fee Administration (CDTFA) and the Employment Development Department (EDD), may audit you or your business for excessive claiming of credits or deductions, underpayments of state taxes, underreported income, unfiled or delinquent tax or information returns, and unreported sources of income. This is far from exhaustive, and many other potential triggers exist for a California state tax audits & criminal tax investigations.
If you need tax help in San Jose regarding IRS or California state taxing authorities, 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. In addition to having years of experience as a dually licensed Tax Lawyer and CPA in San Jose, our founder and principal attorney, David W. Klasing, possesses decades of experience as a former auditor in public accounting and has represented clients in federal (IRS) and California (FTB, CDTFA (BOE), EDD) audits for nearly three decades, enabling our tax team to navigate the audit process with precision and skill. For a reduced-rate consultation, contact us online here, or call our San Jose tax office at (805) 617-4566 today.
FTB, EDD, and CDTFA Tax Audit Attorneys in San Jose
What Should I Do If the FTB Audits Me in San Jose?
The California Franchise Tax Board (FTB) conducts audits related to issues with California state personal and business income tax returns. Even if you were not found to owe the IRS anything after a federal audit, you may be found to owe money to California because of differences between California and federal tax law. California audits are no less severe than federal audits because California also prosecutes tax crimes and will report the audit results to the IRS. You, therefore, will be forced to amend your federal returns to agree to the results of the California Audit.
Do not panic if the FTB notifies you of a greater tax liability than you initially anticipated. It is possible that the FTB auditor made an error and reached an inappropriate conclusion regarding your liability. You may owe considerably less than the FTB plans to bill you for. It is worth exploring the possibility of:
- Filing a written protest,
- Appealing to the Office of Tax Appeals if the FTB has already issued a Notice of Action
If FTB has contacted you and you know you made false statements or used inaccurate reporting techniques when filing your taxes, do not face the audit alone. Our experienced dual-licensed San Jose FTB Audit Appeals Attorneys and CPAs will act as a barrier and stop the examining agent from inferring criminal admissions/confessions from your actions and words. To learn more about the San Jose tax services we offer, contact the Tax Law Offices of David W. Klasing today to schedule a 10-minute reduced rate initial consultation with an experienced dual-licensed Tax Attorneys and CPAs.
What Should I Do If the CDTFA (BOE) Audits My Business in San Jose?
The California Department of Tax and Fee Administration (CDTFA) is tasked with conducting audits related to state sales tax issues. The amount a business must charge in sales tax can vary depending on the municipality and the product sold. The CDTFA often conducts random audits of companies in fields like the restaurant and bar industries where undercharging of sales taxes is common, significantly when associated with skimming cash. This type of audit can be your worst nightmare.
Furthermore, the CDTFA is known to share information with other government agencies. Problems found in an audit by the CDTFA are likely to be reported to the IRS and the FTB. For businesses like bars requiring licenses and licensed professionals, the CDTFA may also report to the licensing board or credentialing authority. For business owners and professionals who depend on their licenses, a sales tax audit can trigger a series of events that can only be described as a nightmare.
Sales tax audits can be highly invasive, requiring you to produce all records of sales you made over a 3-year period or longer. The auditor will compare the sales reported on your income tax returns to those reported on your sales tax returns and investigate any differences. An experienced tax attorney can work to help you reconstruct these records and can help deal with any fallout from past failures to charge, collect, or remit sales taxes properly. An attorney can ensure that any petition challenging a finding you owe money is filed promptly. If this is not done, you could be deemed to owe an amount you simply cannot pay, and your business could face severe collection-related consequences.
Recently, the CDTFA issued updated guidance on protocols and procedures for disputing, or “appealing,” CDTFA determinations. Though the CDTFA tries to provide clear instructions for taxpayers, it is not recommended to attempt handling an appeal without professional tax representation. It is in your best interests to consult our experienced San Jose dual-licensed CDTFA Audit Attorneys and CPAs before filing an appeal or petition for redetermination due to the legal and financial complexity involved.
Note: The California taxing authorities are often wrong in its conclusions, and it frequently takes a sales tax attorney to threaten litigation for the government to admit its error. Our San Jose Sales Tax Attorneys will advocate fiercely for you, ensuring the CDTFA does not overtax your business simply because the California government needs the revenue. If you have any questions about a CDTFA audit or need representation, contact us at 805-617-4566 or schedule a reduced-rate initial consultation here at our San Jose office or other convenient locations in Southern California.
California Employment Development Department (EDD) Audit Representation
While the IRS handles issues related to the federal payroll tax, California payroll tax issues are audited by the California Employment Development Department (EDD). Each employer in California must withhold taxes from each employee’s paycheck and remit them to the state. Fines and penalties can be assessed if you fail to collect payroll taxes from your employees or remit them to the proper state agency.
Many EDD audits center on the potential misclassification of workers as independent contractors when they should be legally classified as employees. Employers are required to handle payroll taxes for their employees but not for independent contractors working for them. Some complex rules and regulations must be followed regarding who can and cannot be classified as an independent contractor, especially considering California’s recent legislation known as AB5. A skilled tax attorney can work to ensure you are classifying them correctly and help mitigate any damage from improper classification in the past. Our experienced California State Tax Audit Attorneys & CPAs can help gather evidence to show the EDD you have correctly classified workers as independent contractors. See our client testimonials here.
How Long Can You Be Audited in California?
Many taxpayers know that, depending on the circumstances, typically, the IRS has three to six years to audit a taxpayer, with some exceptions. However, different statutes of limitations apply in the state of California. The Franchise Tax Board can potentially initiate an examination for up to four years, giving the state an additional 12 months. Moreover, either a state or federal tax audit may be commenced at any time in cases where the taxpayer has allegedly committed tax fraud and/or has failed to file income tax returns. The FTB and IRS may communicate information throughout the auditing period, meaning an FTB audit could lead to an IRS tax audit or vice versa.
California State Tax Audit Lawyers and CPAs in San Jose
At the Tax Law Offices of David W. Klasing, our dual-licensed State Tax Attorneys + CPAs work with individual taxpayers, business entities, and other organizations, including S corporations, C corporations, partnerships, limited liability companies (LLCs), sole proprietorships and more. Our founder and managing attorney, David W. Klasing, possesses decades of experience as a former auditor in public accounting and has represented clients in countless federal (IRS) and California (FTB, CDTFA, EDD) audits for nearly 30 years, enabling our tax team to navigate the audit process with precision and skill. Our versatile, award-winning taxpayer advocates apply decades of combined experience to every case, sharpened by cutting-edge research into the latest regulatory and legislative developments. As seasoned litigators, our team is equipped to represent you in the Tax Court or before the California Office of Tax Appeals. Contact us at 805-617-4566 or schedule a reduced-rate initial consultation here at our San Jose office or other convenient locations in Southern California.
Our San Jose Office is Conveniently Located at:
2033 Gateway Place
5th Floor, Suite 500
San Jose, CA 95110