Sales Tax
CDTFA sales tax audit representation
A sales tax audit reaches back three years, eight if no return was filed. The first two weeks matter most.
If a letter has just arrived
Do not send records or answer detailed questions before speaking to someone who handles these engagements.
California requires a Power of Attorney on file before anyone can represent you before the CDTFA. That is the first practical step, and it is quick.
Auditors are not adversaries, but the audit is shaped by what you provide and how it is organised. Volunteering a disorganised box of records is the most expensive thing you can do at this stage.
Enforcement is increasing
The CDTFA identified $745.3 million in sales and use tax deficiencies in FY2024-25, up around 19% on the prior year. Its compliance programmes generated over $1 billion at a benefit-to-cost ratio of roughly 7.5 to 1.
Historically the audit programme touches about 1% of active accounts annually. That is small until it is you.
What commonly triggers an audit
- A large gap between gross receipts reported to the CDTFA and revenue reported on your income tax return
- Consistently high claimed exempt or resale sales relative to your industry
- Being a cash-intensive business: restaurants, bars, convenience retail
- A supplier or customer's own audit that names you
- No use tax ever accrued, which is visible in your own purchase records
- A Statewide Compliance and Outreach Program field visit that escalates to a referral
- Industry sweeps, which the CDTFA runs periodically by sector
How an audit runs, and where we help
Notice and Power of Attorney
We get the POA filed so contact routes through us, then establish scope, periods and the auditor's initial focus.
Records assessment
We look at what you have before the auditor does, and identify the weak points. Knowing where the exposure sits is what allows it to be managed rather than discovered.
The sampling method
Most audits use statistical sampling rather than examining every transaction. The method chosen materially affects the result, and it is negotiable. This is where representation earns its fee.
Fieldwork and information requests
Everything goes through us, organised and complete. Partial or inconsistent responses extend audits and invite wider sampling.
Preliminary findings
The point at which errors in the auditor's analysis are challenged: before anything is finalised.
Assessment, appeal, or settlement
If a Notice of Determination issues, there is a petition process with real deadlines. Payment plans and offers in compromise exist where the liability is genuine but unpayable.
The lookback period
CDTFA statute of limitations
Three years where returns were filed. Eight years where a return was not filed for a period.
There is no limitation at all in cases of fraud.
This is why unregistered periods are so much more dangerous than under-reported ones, and why a voluntary disclosure, made before contact, is usually worth far more than it costs.
Take this with you
What to do in the first two weeks of a CDTFA audit
The early decisions in a sales tax audit set the shape of the whole thing: the period, the sample method, and what leaves your office. This is the sequence we follow.
- What to send in response to the first letter, and what to hold
- How the sample period is chosen and where you get a say
- Records to assemble before the opening conference
- Statute of limitations and waiver requests, in plain terms