Preventing And Solving Your Sales And Payroll Tax Issues
Complying with the many regulations of sales tax and payroll tax is essential for any company, but it is far easier said than done. The complexities of tax law are difficult to navigate, particularly for small- and medium-sized businesses whose officers must focus heavily on day-to-day operations. Working with knowledgeable counsel is crucial not only for compliance but also for potential audits.
At the reputable Manhattan firm of Goldburd McCone LLP, our lawyers assist clients with all aspects of sales tax and payroll tax. We represent companies large and small to ensure full compliance with state and federal tax codes. If you find yourself facing an audit, we will advocate for you through every step of the process.
What To Know About Sales Tax For Out-Of-State Sellers
In today’s age of e-commerce, many business entities do not have a physical presence in their clients’ states. Based on the recent Supreme Court case of South Dakota v. Wayfair, states can charge sales tax to sellers who do not have a physical presence in the state. This means that even if your company does not have a brick-and-mortar location or office in the state, you must still pay sales tax.
What Triggers An Audit?
Audits are a normal part of operating a business. With that said, no one looks forward to them. There are some criteria that can increase your likelihood of being audited by the IRS. These include:
- Previous tax controversies
- Irregular patterns in filings
- Operating in a cash-based industry
- Terminating operations
- Filing bankruptcy
In addition to representing you during an audit, we can put pre-audit measures in place to help you mitigate the chance of an audit.
What Happens In A New York Sales Tax Audit?
When you’re faced with a New York sales tax audit, it’s crucial to know what you’re up against. It starts when the New York State Department of Taxation and Finance decides to take a closer look at your sales tax filings. They’re checking to ensure you’ve collected the correct amount of sales tax and reported it accurately. Depending on the circumstances, you might face a desk audit or a field audit. The process varies for each.
During the audit, you’ll be asked to provide records and explain your tax practices. If the audit results in an adverse outcome, you will have the opportunity to challenge the decision.
Audits are a meticulous process, and our lawyers can protect your interests at every step.
The Consequences Of Not Paying Your New York Sales Or Payroll Taxes
Failure to pay New York sales or payroll taxes can result in serious consequences. On top of paying overdue taxes, you may have to pay significant financial penalties and interest, which vary depending on the specific findings of the audit. In the worst-case scenario, you could even face a criminal investigation. A proactive approach toward addressing and rectifying any deficiencies is critical for avoiding these harsh penalties.
What Are The Interest Rates For Outstanding New York Sales Tax Liabilities?
If you have outstanding New York sales tax liabilities, be prepared for interest to accrue. Interest rates in New York can be significant. You’ll face daily compound interest at the applicable quarterly rate. The longer you wait, the more you’ll owe, which is why swift action is critical.
What Does A Payroll Tax Audit Look For?
A payroll tax audit isn’t just about numbers; it’s about compliance. Auditors will scrutinize your payroll records, looking to confirm that you’ve withheld the correct amounts for taxes and that you’ve filed all necessary returns on time. They’ll check your wage reports, employment records and other financial documents.
Documentation That Can Assist With Your Sales Tax Or Payroll Audit
When preparing for a sales tax or payroll audit, having the right documents is key. Helpful documentation might include:
- Sales records and invoices
- Exemption certificates
- Bank statements for the audit period
- Payroll ledgers
- Employment records
- Federal and state tax returns
- Records of payments made to tax agencies
Every document can play a role in painting a clear picture of your financial practices. With our firm, you have a dedicated legal ally to help you compile, review and present the appropriate records with confidence.
Ask Us About Our Proactive And Reactive Solutions
As leaders in the field, our tax attorneys can help you manage the difficulties related to sales tax and payroll tax. Speak with us about scheduling an initial consultation in which we can evaluate your case. Call 212-302-9400 or toll-free at 844-653-2873 or send us an email today. We serve clients in the tri-state area – New York, New Jersey and Connecticut – and nationwide. We also have offices in California and Florida for your convenience.