California Payroll Tax (EDD)
Getting a notice from the California EDD or IRS can be worrisome and stressful. What went wrong with your payroll filing? You may not have the answer you are looking for immediately, but a payroll tax audit attorney can make all the difference.
AUDIT REPRESENTATION
Don’t worry if you are unfamiliar with the EDD’s audit process. We can represent you at every stage and communicate with the IRS and EDD on your behalf. We work with the auditors across multiple cases; hence, we know how to handle even their most unreasonable demands.
NEGOTIATE A RESOLUTION
We will negotiate with the IRS or EDD on your behalf to reach a favorable agreement. This may include negotiating a settlement or payment plan for unpaid taxes or disputing any discrepancies or errors found during the audit.
FILE AN APPEAL
If you are unsatisfied with the audit’s outcome, we can help you appeal the decision. We will gather the necessary paperwork and initiate a more powerful appeal without just restating the arguments made in your initial defense.
Overview
Running a business is not a bed of roses; occasionally, money gets tight. Once this happens, some businesses try to make ends meet by deducting money from the payroll tax withholdings. Although this money might be channeled to other uses like paying utilities and rent, it also attracts more debts and penalties. When this habit starts, it’s tricky to get out of it, and bear in mind that the Employment Development Department (EDD) and IRS do not grant immunity to businesses using their payroll withholdings to remain operational.
This is not the only problem businesses have when it comes to payroll tax debt. Employers get into trouble with the EDD and IRS for classifying workers as Independent Contractors instead of employees. The case ruling on Dynamex Operations West, Inc. v. Superior Court of Los Angeles shows the EDD is becoming unforgiving when performing these investigations, which are basically worker re-classification audits. All the people you worked with in recent years could be subject to audits, resulting in massive liabilities for which you might be personally accountable.
Now, the most unfortunate thing is that there is no uniformity in enforcing some of these regulations. Most business owners want to follow the law and pay the correct amount of payroll taxes, but EDD gives a lot of discretion to their auditors, and the outcome seems to be a disorganized approach to enforcing the law.
Save your business trouble and money by getting informed from the start. Contact Brotman Law today and get professional help.
What Is An EDD Payroll Tax Audit?
What Else Should I Know?
The apparent simplicity of the information requested during a payroll tax audit can be misleading, placing businesses at a disadvantage when facing auditors with extensive experience.
When combined with a distinct appeals process (California payroll tax audits overseen by the California Unemployment Insurance Appeals Board), the potential risks become evident.
- Payroll audits are not “random.” Because California has limited resources, it tends to target businesses and industries that it is confident it can get an adjustment out of.
- If you are being audited for payroll taxes and have independent contractors, your definition of an “independent contractor” is likely different than EDD’s definition. The law is not in your favor.
- The biggest issue in a payroll tax audit is the EDD’s penalty structure. Many payroll tax audits result in penalties assessed of more than five to six times the amount of tax owed.
- By definition, everyone who is an employee of a company performs some level of service and should have some measure of taxable wages.
- Very few attorneys, including tax attorneys, practice state payroll tax law because it is incredibly nuanced and requires a working knowledge of California tax procedure.
Our aim in the California payroll tax audit representation process, other than getting you the best possible result, is really about providing consistency and predictability to something that is highly susceptible to the whims of the individual auditor.
Managing risk for our clients in this area is about building confidence in how they are structuring their workforce and in making sure that they are paying the proper amount of tax.
Over the years, our largest grievance with the California state payroll tax audits has been their arbitrary and capricious application of harsh penalties and the way that they sometimes hide behind the CUIAB appeals process in pushing forward sloppy work.
Seeing potential penalties five to six times in excess of the amount of tax owed and working hard at various levels of the state government to erase these penalties has caused us to rethink our approach to payroll tax audits.
We want to make sure that our clients are adequately informed about the risks associated with California payroll tax audits and adequately prepared to defend against that risk.
We have developed a system that is straightforward, easy to follow with the guidance of our team, and designed to get you out from under the audit as quickly as possible.
Brotman Law sees the real playing field with respect to the issues that arise in a payroll tax audit and has wide experience dealing with district offices all over California. Together, we can put a plan in place for getting you through the audit and avoiding the very serious penalties associated with a California payroll tax audit.
PAYROLL TAX LAW MASTERS
A payroll tax audit process is quite involving and requires a mastery of both the California EDD procedures and employment tax laws. We are knowledgeable in these fields and do not have to reinvent the wheel on IRS or EDD payroll tax audit defense.
PROTECT YOUR INTERESTS
BEYOND THE EDD AUDIT
We anticipate the effect of the EDD findings on your IRS tax returns and any modifications that may need to be made. You have peace of mind knowing that you’re getting integrated representation across multiple disciplines.
TAILORED REPRESENTATION
We appreciate that no two businesses are the same when it comes to payroll tax audit representation. Thus, we listen and design strategies based on your needs.
Our Clients Will Tell You: We Get Results.
Tax Strategies, Case Studies, and Thought Leadership
Hundreds of $1,000,000s
Saved in Tax Penalties
100+
Appeal Victories
$1B+
Saved in Taxes
150+
Multimillion and billion-dollar corporate transactions
11+
Tax Services
400+
Clients represented in an audit
$160M+
in ERC Tax Credits
Our Thought Leadership Has Appeared In
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Book a Free 15-Minute Assessment Call
Set up a quick call with our firm’s concierge to see if we’ll be able to help you. The whole process will take 15 minutes or less.
STILL HAVE QUESTIONS?
Tax law can be complex, confusing, frustrating, and even scary. We’re here to help!
Any of the following scenarios can trigger an EDD audit:
- A worker reveals that they are an employee rather than an independent contractor.
- Late payment of payroll taxes.
- Errors found in statements, records, and other documents.
- Delayed or canceled payroll due to technical difficulties.
- Cash salary payment.
The first sign of an EDD audit is when you get a notice from the EDD inquiring about your records. This shows that your business has been identified for an audit focusing on payroll taxes. Contrary to the IRS audit notice, the EDD one can be inconspicuous, and some business owners may not even be aware they are being audited.