Blog Archives - Page 20 of 52 - Brotman Law - All Rights Reserved | 402 W Broadway, Suite 800 • San Diego, California 92101

How Are Transfers of Property Taxed in a Divorce?

September 9, 2024November 25, 2020 by Brotman Law

Timing of the Transfer

Under 26 U.S. Code §1041, you typically have a 6-year window of time from the date your divorce is finalized to make a transfer that is not subject to taxation. Once you go beyond 6 years, you are looking at two individuals that are divorced, transfer assets between each other could be considered a gift subject to different rules. Unless there is a valid reason that is beyond your control, the sooner you complete the transfer the better off you will be. Because the code specifies that the tax-free transfer must be incident to divorce, it may also help to include what the other spouse will receive under the divorce agreement.

How to Pre-Audit Yourself in Advance of Your EDD Payroll Tax Audit

September 9, 2024November 23, 2020 by Brotman Law

Internally, we have developed the following list of issues based on our experience in past EDD payroll tax audits. Although not an exhaustive list, it will give you an idea of some of the mistakes that we have seen in preparing for audits and things to generally look out for.

What Records are Required for a California Payroll Tax Audit?

September 9, 2024November 23, 2020 by Brotman Law

Documents You Will Need for the Tax Auditor

What usually happens in a payroll tax audit is that the auditor will send you a laundry list of documents that they want to examine. Of the different types of audits, payroll tax audits are usually the ones that have the most flexibility because in a payroll tax audit they are basically running tests.

What Are the Penalties for Tax Evasion and Tax Fraud in California Sales Tax Audits?

September 9, 2024November 23, 2020 by Brotman Law

California Tax Evasion Penalties Generally

Generally, penalties for fraud or intent to evade are imposed only when tax deficiency determinations are made by the CDTFA and CDTFA must prove evasion to impose tax evasion penalty. The RTC sections that impose evasion penalties are as follows:

How the California Sales Tax Audit Defense Practice Works with Brotman Law

September 9, 2024November 21, 2020 by Brotman Law

Sales tax audits are one of the areas of practice that I am most proud of at our firm. We have dealt with some very difficult cases and gotten some really phenomenal results. I credit that to the hard work and diligence of our team. Brotman Law really understands sales tax audits.

Tax Return Demand from the FTB Intensifies

September 9, 2024November 7, 2020 by Brotman Law

{{cta(’09b64408-9310-4451-9a41-0234b45d370e’,’justifyright’)}}Are you a marketplace facilitator or out-of-state business who has received a tax return demand from the California Franchise Tax Board? If so, read this before you respond. We’ve provided the essential background information you need to formulate a plan prior to your response.

How to File Delinquent International Tax Returns

September 9, 2024October 15, 2020 by Brotman Law

If you are not in need of the Streamlined Procedures because you do not owe additional tax, and you have reasonable cause for not filing an informational return, you may file the delinquent information returns along with an explanation of the facts that support your claim of having reasonable cause for failing to file on time. You must do this before a civil examination or criminal investigation has been opened.

What Is the Offshore Voluntary Disclosure Program?

September 9, 2024October 15, 2020 by Brotman Law

Previously, the IRS had two programs, Offshore Voluntary Disclosure Program (2009) and Offshore Voluntary Disclosure Initiative (2011), which have been discontinued. In their place, the IRS has implemented a new program “affectionately” known as Son of OVDP, but is still known as OVDP.

How to Appeal an FBAR Penalty

September 9, 2024October 15, 2020 by Brotman Law

If you cannot come to an agreement in resolving the issue in the IRS examination stage, you still have a right to take your case to Appeals. As mentioned above however, it may currently be in your best interest to work with the IRS agent and not depend on the case to go your way in Appeals.

FBAR Penalties: What Happens If You Don’t File International Taxes

September 9, 2024October 15, 2020 by Brotman Law

An area of difficulty that has arisen with regard to FBAR cases is the ambiguity of penalties potentially faced by an individual in violation of disclosure requirements.