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How can an SBOE tax attorney help me?

The SBOE is the state taxing agency that handles sales and use tax audits and tax collection efforts. Our SBOE tax attorney can guide you through a tax audit or collection matter. The SBOE is very active in conducting audits and has a variety of methods to conduct audits and assess taxes to businesses.

SBOE Tax Audits

One method that the SBOE often uses is the mark up test. The SBOE auditor will obtain the cost of goods sold and then attempt to formulate an average mark up of those goods. The auditor will obtain the current mark up by inspecting the sales price of goods at the current rate. Then the SBOE auditor will apply that mark up rate to the cost of goods sold reported on the businesses tax return for the last several years. You can read more about the SBOE Mark Up Test in its audit manual.

In addition, the SBOE has a variety of other mathematical methods to propose an increased tax assessment. The SBOE can also attempt to personally assess the business owners with the tax liability of a business. If the SBOE does attempt this personal assessment, you have appeal rights. The SBOE has specialized procedures for the following types of business: bars, restaurants, convenience stores, grocery stores, and auto dealerships.

If you are an out of state business with operations or a nexus to California, you may also need to file sales tax returns.

Who is Liable for California Use Taxes?

If you are “engaged in business” in California (as defined by Revenue and Taxation Code section 6203), you may be responsible for collecting and remitting the sales or use taxes on all sales of tangible personal property, unless the transaction is otherwise exempt. Circumstances where a business is considered to be engaged in business in California, commonly referred to as “nexus,” for sales and use tax purposes include (but are not limited to) the following:

  1. Maintaining, occupying or using any type of office, sales room, warehouse or other place of business in California. This includes use that is temporary, indirect or through an agent or other representative.
  2. Having any kind of representative operating in the state for the purpose of taking orders, making sales or deliveries, installing, or assembling tangible personal property.

If you or your business has an SBOE tax liability, you don’t have to pay the entire amount in one lump sum. You can pay the tax liability in monthly payments based on your ability to pay. An SBOE tax attorney can negotiate an affordable payment plan for you.

Contact an SBOE Tax Attorney Today

Our SBOE tax attorneys have extensive experience in SBOE audits and collection matters. Contact Disparte Tax Law today for a free consultation.