by Fresh Start Tax | Sep 30, 2013 | Florida Sales Tax, Sales Tax, State of Florida
We are a tax defense firm that specializes in IRS and state tax representation.
We have over 206 years of professional tax experience, 60 years of working directly for the Internal Revenue Service, 16 years to working directly for the state of Florida Department of revenue.
We are a full service tax and accounting firm. Contact us today for free initial tax consultation.
Florida Sales Tax Audit Representation
Business who Repair Tangible Personal Property
We are a Florida Tax Firm that Focuses on Florida Sales Tax Audit Help.
You need to know and understand what to do and what not to do for Florida Sales Tax laws relating to your business.
Insider Tips
If you are being audited by the state of Florida, Department of revenue it is critical you understand the nature of the tax audit and what it will curtail.
You need to understand what issues the Florida sales tax auditor will be looking at and what to be prepared for.
The agents will be focusing there attention on:
- Unreported Sales (source info – Bank Statements, Federal Tax Returns, State Tax Returns)
- Exempt Sales without proper documentation
- Repairs made to Non-Florida residents that were not shipped into Florida by common carrier and returned immediately when repairs were completed
- Taxable Fees that were not taxed such as service charges, technical fees, minimum fee charges, service calls, truck charges, and standard repair charges
- Sales Invoices with labor only and no tax (without evidence of materials not used in the repair)
- Rent paid without sales tax for buildings and other real property
- Rental consideration without sales tax(real estate taxes and other considerations paid on behalf of the landlord)
- Purchase of Fixed Assets as listed on the Schedule of Depreciation
- Purchase of consumable supplies
Florida Department of Revenue – Repair of Tangible Personal Property Standard Industry
General Overview
Retail repair businesses provide labor and materials to repair tangible personal property and return it to proper operating condition the size of the repair business may vary from a one-man operation to a large factory service; they all share one central function.
The definition of sales price in Section 212.02 (16), F.S “… Includes the consideration for a transaction which requires both labor and materials to alter, remodel, maintain, adjust and repair tangible personal property.” Rule 12A-1.006(1), F.A.C., states in part that, where parts are furnished by the repair, the entire charge he makes to his customers for repairing tangible personal property is taxable.
Insider Tip from Former Sales Tax Agent – Beware of the Drop of Oil
Further analysis of the tax ability of most repair transactions emphasizes; where so much as a drop of oil for lubrication is added to the property repair or a minute amount of wire and solder is used to repair a circuit, the entire charge made to the owner of the property for such repair or service is taxable.
Repairs to Industrial Machinery and Equipment
Industrial equipment is classified as tangible personal property, see TIP 02A01-04. The operation of industrial equipment repair is basically the same as small appliance repair. The major differences occur in billing methods and type of equipment repair.
The legislative intent to tax every sale of tangible personal property, including the fabrication or processing of such property, also applies to large industrial repairs. Rule 12A-1.006(3), F.A.C., notes that “provisions of this rule do not apply to contracts covering a combination of work on both real and personal property.
Such contracts are governed by the provisions of Rule 12A-1.051, F.A.C.” . The most important determination in deciding the taxability of repairs is to determine whether the item being repaired Realty or tangible personal property.
In addition, sometimes repair shops generate separate invoices for labor and materials when they are actually part of the same repair.
Billings may also contain travel expenses incurred for repair crew. All expenses, including travel, motel, restaurant charges, are taxable as a part of the repair weather stated separately or as a lump sum.
Florida Sales Tax Audit Defense
Business who Repair Tangible Personal Property
We are a full-service tax firm that specializes in federal and State tax representation and are one of Florida’s most experienced for sales tax audit defense.
Our staff consists of tax attorneys, certified public accountants, former IRS agents and a former sales tax auditor with over 16 years of direct work experience with the Florida Department of revenue.
Feel free to contact us for initial tax consulting for Florida sales tax audit defense.
We will completely review your case and give you a full assessment of your audit status so you can make an informed and confident decision of how to fully resolve your sales tax audit case.
Florida Sales Tax Audit Representation – Former Agents – Affordable Experts
by Fresh Start Tax | Sep 23, 2013 | Sales Tax, State of Florida
Florida Tax Audit Help –Restaurants/Bars
We are a Florida Tax firm that specializes in Sales Tax Audits on Restaurants and Bars.
Florida Sales Tax Audit Defense – Florida Department of Revenue Audit Representation for the Restaurant and Bar Industry.
Being a former sales tax on you should know that the Florida Department of revenue uses special audit technique guides to go ahead and conduct a sales tax audit for restaurants and bars.
As Former Agents have audited hundreds of bars and restaurants in the state of Florida in here are some here is some information you may want to know.
Insider Tips by Frank Lamantia a Former State Tax Auditor and consultant with FST.
Florida passes record $74.5 billion spending budget for fiscal year 2013-2014 that will be more than $4 billion higher than the fiscal year 2012-2013 spending.
Gov. Rick Scott’s office announced plans to discuss cutting taxes and fees with Florida residents. Scott announced he proposes to cut taxes by $500 million for the next fiscal year, but early on in the budget cycle, hasn’t released details about his plans.
With spending increases and cutting taxes there is only one way to balance the budget – Looking for Low Hanging Fruit through an Audit of Your Business and the state of Florida Department of revenue certainly knows there’s a lot of low hanging fruit in the restaurants and bar industry because of unreported sales tax.
Because of this audit potential and many revenue dollars available the restaurant and bar industry, a major source of audit assessments will see an increase in audit activity to generate funds to cover the increased spending budget and the reduced taxes and fees.
Voluntary Disclosure:
If you have been under reporting or not reporting and you have not received a notice of audit, it is highly recommended that you contact our firm and we will assist your restaurant/bar in the process of going through a voluntary disclosure program to come clean now with the Florida Department of revenue, have most of the penalties waived and prevent it from becoming criminal.
Methods of Operations for Restaurants and Bars for Sales Tax Audits
Restaurants
Restaurants range in size from small mom-and-pop operations to the national chains. All operate generally the same way, selling repaired food for consumption on or off the premises.
A large number of restaurants also operated lounges, in connection with the restaurant. These restaurants may operate in a number of different ways.
Some serve alcoholic beverages with the food, as a part of the restaurant and some operated lounges that are completely separate operations from the restaurant. Some also offer entertainment and dancing, and a cover charge is sometimes imposed.
The primary statute related to restaurants is Section 212.08(1)(c), F.S., and the primary rule is Rule 12A-1.011 F.A.C.
Bar/Lounges/Package Stores
The operations of the bar will very they could sell prepared food and offer entertainment and dancing. They may also charge patrons a cover charge. The bar/lounge may also sell other items in addition to alcoholic beverages, such as picnic supplies, food, ice, T-shirts and a variety of party items.
The bar/lounge and package store may be located in the same building but in different rooms. Separate cash registers may be used for the bar/lounge and package store, or sometimes the same register will be used for both operations.
Bars/Lounges
The dealer may record each sale and add the tax to the selling price. This results in the dealer reporting all taxes collected. The dealer may inform customers that the selling price includes the tax (putting them on notice).
To do this, signs must be posted throughout the establishment that can be seen by all customers when ordering drinks.
If the dealer selects this mess method, the tax to be reported will be calculated in the following manner:
Bars and/or cocktail lounge should divide their gross receipts by 1.0659, the result being the gross sales amount; the difference between the gross receipts amount in the gross sales tax amount should be reported as tax collected.
A combined bar and package store (operated as a single unit), which used the same method as bars and cocktail lounges.
Example: a bar has gross receipts of 32,585.50 including tax, and signs are posted. therefore tax due would be computed as follows: 32,545.50÷1.0659 equals 30,533.35 gross sales… 32,545.50 less 30,533.35 = $2012.15 tax due.
The dealer may choose to set different prices that do not include tax and do not post signs to inform customers that tax is being collected, thus excluding tax from the price if this method is selected, the dealer would calculate and report the tax as follows:
• bars and or cocktail lounges should multiply their gross receipts by 0.0659 and report the results as tax due
• a combination bar and package store where the operations are not separated, which used the same method as the bar and cocktail lounge
• Example: no signs are posted in gross receipts are 32,545.50. Computation would be 32,505.50 x .0659 = 2144.75 tax due.
In this example, gross receipts are equivalent to gross sales because tax was not charged on the sale.
A bar or cocktail lounge may operate a packaged the bar/lounge offer drinks for consumption on the premises and the package store will offer package goods to take out.
Bars and Package Stores
Bars, package stores, and combinations that do not separately record the sales price and in tax are required to remit the tax on the percentage gross receipts.
The applicable percentages are:
• 6.35% for package stores
• 6.59% for bars and bar/package store combinations
When the taxpayer can demonstrate that the customers had been informed that the price charged includes the tax, the gross receipts may be reduced by the amount of the tax (See Rule 12A-1.057, F.A.C.).
Package Stores
Facilities/Operations that do not sell by the drink for consumption on the premises will be considered a package store. These type operations offer only items to be taken out. In addition to alcoholic beverages, they will offer items such as picnic supplies, food, ice, T-shirts, hats and party items for sale.
The dealer may record each sale and add the tax to the selling price.
This results and the dealer reporting all taxes collected
The dealer may inform his customers that the selling price includes the tax thereby putting them on notice. To do this, signed must be posted throughout the establishment that can be seen by all customers making purchases.
If the dealer selects this method, the tax to be reported will be calculated by dividing their gross receipts by 1.0635, the results being the gross sales amounted; the difference between the gross receipts amount in the gross sales about should be reported as tax collected.
The dealer may choose to set prices that do not include tax and not post signs informing customers that tax is being collected thus excluding tax from the price. If this method is selected, the dealer would multiply their gross receipts by 0.0635 and report result as tax due.
Florida Restaurants and Bars – Tax Audit Defense
We are a full-service tax firm that specializes in federal and State tax representation and are one of Florida’s most experienced for sales tax audit defense.
Our staff consists of tax attorneys, certified public accountants, former IRS agents and a former sales tax auditor with over 16 years of direct work experience with the Florida Department of revenue.
Feel free to contact us for initial tax consulting for Florida sales tax audit defense.
We will completely review your case and give you a full assessment of your audit status so you can make an informed and confident decision of how to fully resolve your sales tax audit case
If you are going through a sales tax audit contact us today and speak to a former Florida sales tax agent, attorney, and Certified Public Accountants who could limit your exposure.
We are A+ rated by the Better Business Bureau and have been in practice in the State of Florida since 1982.
Florida Sales Tax Audit Help – Restaurants/Bars
by Fresh Start Tax | Sep 9, 2013 | Sales Tax
Florida Sales Tax Audit – Hire Former Sales Tax Agent
Has your company has been issued a Notice of Intent to Audit Books and Records from the State of Florida?
Hire Former Florida Sales and Use Tax Auditors completely resolve your case.
We are a local South Florida tax firm since 1982.
We are comprised of tax attorneys, certified public accountants, former sales tax agents, and former IRS agents. We have a combined 76 years of direct government experience in the local, district, and regional tax offices of the local South Florida offices.
We can have the auditor come to our professional offices thus avoiding a State of Florida Auditor from taking up your space, your employee’s time, snooping around your business and asking questions to your employees.
Have Former State Tax auditors who know the systems, know the protocol and know settlement protocols resolve your sales and use tax matter.
We have practiced in South Florida since 1982 and we are A+ rated by the Better Business Bureau.
Florida Sales Tax Audit Misconceptions
Being former Florida sales and use tax auditors there are many misconceptions that the public has about sales and use tax audits.
You should know that the auditor does not know the extent of your liability if any until the Florida state auditor examines your records.
The auditor simply will only know information about your company from State of Florida internal records. The State of Florida has limited information unlike the IRS.
The books and records that you provide the auditor will be the basis for any audit findings.
We can help with your defense in an audit by controlling the records that are released to the auditor.
If the Florida Department of revenue contacted your company about a pending Florida sales use tax audit or you have already received the Florida form DR 840 – Notice of Intent to Audit Books and Records we can be your defense to a large assessment for sales tax, interest and penalty.
You can call us today to review or consultation of your tax audit papers so we can let you know the scope of the audit and a way to conduct the audit that is most beneficial to your business.
The Audit Process used by Florida Sales and Use Tax
The auditor will conduct a preliminary preparation for the audit prior to the actual start of the audit.
The auditor will obtain information from:
• examination of sales tax records on file with the Department of revenue
• business structure and activities from websites
• profile the Florida Secretary of State corporate website
• review of prior audits and results
• review of possible issues from the Florida tax law library
• standard industrial guides
• research information available on the Internet
• review any information in the audit found which includes the reasons the audit was selected.
The auditor will also conduct an analysis your company which will include:
• taxable sales compared to exempt sales
• taxable sales percentage
• amount of assets owned by a business
• results of prior audits
• Florida sales per federal tax returns versus Florida sales tax returns
• method of business operation
• business industry
• credits and exemptions taken
• change in volume of Florida activity
• tax rates
• use tax accrued on past sales tax returns
As a Former Florida Sales and Use Tax Auditor – Insider Tips
As a former sales tax auditor this research and analysis provided the basis to prepare an industry-specific audit plan and pre-audit interview questions.
The “audit plan” or should I say the auditor’s plan of attack will be the auditor’s guide for picking low hanging fruit.
Depending on the industry the Florida Department of revenue has a specific audit plan for auditors to follow in order to capture any sales tax not paid or remitted.
In order to limit the tax exposure, our former auditor will conduct the entrance interview with the Florida state tax auditor.
The auditor will conduct the audit entrance interview with the sole purpose of learning about the business’s operation and establish a rapport with the contact person of the business.
In order to learn more about the business operations during this interview, the auditor may want to ask some typical questions such as:
• what is the main business activity.
• where are your customers located – any out-of-state customers, if so how do you account for the sales
• are there any other sources of income
• who completes the sales and use tax returns
• what control documents are available, such as chart of accounts, general ledger, sales journals, payables Journal, etc.
• are there federal returns and depreciation schedules available
• do you own or lease the business property
• if leased who’s the landlord
If you feel confident about your books and records there is nothing wrong with self representation. However if you have questionable items and questionable records it is in your best interest to hire it professional tax firm to defend your best interest with Florida sales tax.
You can contact us today for a free initial tax consultation or come by and visit our offices can speak directly to a true tax professional.
Florida Sales Tax Audit – Hire Former Sales Tax Agent – Miami, Ft.Lauderdale, Boca, Palm Beaches
by Fresh Start Tax | Sep 9, 2013 | Florida Sales Tax, Sales Tax
Florida – Sales and Use Tax Audit Defense – With Former Agents Since 1982 + Affordable Sales Tax Experts + Free Consults with the Experts
Use former Agents to defend your Sales Tax Audits, since 1982.
We know the system.
Florida sales tax audit insider tips.
Being former Florida sales and use tax auditors there are many misconceptions that the public has about sales and use tax audits.
You should know that the auditor does not know the extent of your liability if any until the Florida state auditor examines your records.
The auditor simply will only know information about your company from State of Florida internal records.
Florida – Sales and Use Tax Audit – Insider Tips from Former Agents
The books and records that you provide the auditor will be the basis for any audit findings.
We can help with your defense in an audit by controlling the records that are released to the auditor.
If the Florida Department of revenue contacted your company about a pending Florida sales use tax audit or you have already received the Florida form DR 840 – Notice of Intent to Audit Books and Records.
We can be your defense to a large assessment for sales tax, interest and penalty.
ou can call us today to review your tax audit papers so we can let you know the scope of the audit and a way to conduct the audit that is most beneficial to your business.
The Audit Process used by Florida Sales and Use Tax
The auditor will conduct a preliminary preparation for the audit prior to the actual start of the audit.
The auditor will obtain information from:
• examination of sales tax records on file with the Department of revenue
• business structure and activities from websites
• profile the Florida Secretary of State corporate website
• review of prior audits and results
• review of possible issues from the Florida tax law library
• standard industrial guides
• research information available on the Internet
• review any information in the audit found which includes the reasons the audit was selected.
The auditor will also conduct an analysis your company which will include:
• taxable sales compared to exempt sales
• taxable sales percentage
• amount of assets owned by a business
• results of prior audits
• Florida sales per federal tax returns versus Florida sales tax returns
• method of business operation
• business industry
• credits and exemptions taken
• change in volume of Florida activity
• tax rates
• use tax accrued on past sales tax returns
As a Former Florida Sales and Use Tax Auditor
As a former sales tax auditor this research and analysis provided the basis to prepare an industry-specific audit plan and pre-audit interview questions.
The “audit plan” or should I say the auditor’s plan of attack will be the auditor’s guide for picking low hanging fruit.
Depending on the industry the Florida Department of revenue has a specific audit plan for auditors to follow in order to capture any sales tax not paid or remitted.
in order to limit the tax exposure, our former auditor will conduct the entrance interview with the Florida state tax auditor.
The auditor will conduct the audit entrance interview with the sole purpose of learning about the business’s operation and establish a rapport with the contact person of the business.
in order to learn more about the business operations during this interview, the auditor may want to ask some typical questions such as:
• what is the main business activity.
• where are your customers located – any out-of-state customers, if so how do you account for the sales
• are there any other sources of income
• who completes the sales and use tax returns
• what control documents are available, such as chart of accounts, general ledger, sales journals, payables Journal, etc.
• are there federal returns and depreciation schedules available
• do you own or lease the business property
• if leased who’s the landlord
Analyzing financial data
The auditor will want to begin the audit with an analysis of your financial data. The analysis may begin with a review of your chart accounts and your general ledger.
This enables the auditor to gain knowledge of your accounting system in your methodology for collecting and reporting tax.
Before any financial records are released to the auditor we will examine these records prior to releasing to the auditor to ensure a minimal tax exposure.
Auditing Techniques used by Florida Sales Tax, Department of Revenue
The auditor will select an audit technique which will enable the audit to be conducted amount of time.
The technique selected will be most representative of the business for the entire audit period. More than one technique may be required during the audit depending on the business activities and it may be appropriate to use different techniques on each activity.
The Detail Sales Tax audit
A detail audit is the basic audit technique used for sales and use tax. This type of audit requires an examination of all the records for the area sales and use tax being examined.
Sampling Audit Technique
Before sampling issues, the auditor must determine if the taxpayers records are adequate, but voluminous. Rule 12-3.0012(3), F.A.C., defines adequate the voluminous records. Adequate records are defined as, “books, accounts, and other records sufficient to permit a reliable determination of the tax deficiency or overpayment. Incomplete records can be determined to be adequate”.
Percentage of Error Audit Technique
As a former auditor the percentage of error method of projecting the sampling results has been proven to give the most reliable results and the most used by The Florida Department of Revenue.
The percentage of error method calculates tax based on the tax due in the sample period (not taxable amount).
It is well suited to projecting additional tax due on transactions in multiple counties that are entered into a single exhibit.
This is due to the fact that Florida is counties have many tax rates (when accounting surtax is added to the state sales tax rate) and most dealers transactions are affected by these sales tax rates.
It is not practical to stratify a dealer’s transaction by the many different rates and sample and project tax due by every rate.
Error Ratio Tax Audit Technique
The Error Ratio method is only used when the transactions entered into it are from a single County and that single County experienced a rate change during the audit period.
The Error ratio technique produces an approximation of the amount of tax not paid by the business.
This technique is based upon the assumption that the business makes errors at about the same frequency throughout the audit period.
Rate and Ratio Sales Tax Audit Technique
The rate and ratio technique is applicable in determining the amount of tax that has not been reported on sales.
This procedure is appropriate for use when auditing businesses with a high-volume and relatively low to moderately priced taxable or exempt sales (grocery/convenience stores, bars and restaurants) that do not have dependable sales records.
Rate (effective tax rate)
The bracket system, prescribed by Sections 212.12(9) and (10), F.S., used for computing the tax due on amounts less than one dollar, results in some cases in an effective tax rate in the process of or less than the basic rate.
One extreme is a taxable sale of $.10 with the tax of one cent the results in an effective tax rate of 10%. On the other hand, a sale of $1.09 results in an effective tax rate that is less than the basic rate. During the 6% tax.
A sale of $1.09 produces an effective rate of 5.5%. When the total taxable sales and told tax collections (the amounts that should have been collected) are considered, these extremes modify the basic tax collection rate.
The resulting tax rates are unique to that business because they are based on the businesses price structure and sales.
Ratio (taxable sales to total sales)
The ratio of taxable sales to total sales is usually easier to obtain than a tax collection rate. In the ideal situation for complete records are available, the taxable sales ratio can be obtained at the same time the tax collection rate is obtained.
After transactions are analyzed and recorded, the total taxable sales are divided by the total sales to obtain the taxable sales ratio.
In the absence of detailed records, the most popular technique in use is the extrapolation (create a new information from known information) of sales from the purchase records. This technique does not produce irrefutable figures and if used by the auditor can be subject to scrutiny.
Sales Tax audit Method – “Averaging”
This method is an audit technique that works well in an audit period where there is absence of sufficient records. When the averaging technique is used, a period is selected in which all the necessary records are available.
The records for the period are then examined in detail.
This detailed information is reviewed for errors. The total errors or tax collected on the heirs is that averaged.
The averaged amount is then scheduled over the period in which there were insufficient records.
Sales Tax Audit Methodist – Stratified Statistical Sampling
Stratified statistical sampling has been used by the Florida Department of revenue since July 2001, four businesses with adequate electronic records.
Items in the population are classified into separate subgroups or strata based on one or more important characteristics, such as a dollar value.
A sample is randomly selected and audited.
The sample results are then projected over the applicable period with precision calculated.
Non-Statistical Sampling Audit Technique
Historically, The Florida Department of Revenue has used judge mental block sampling was stratified statistical sampling could not be performed.
Non-statistical sampling utilizes random sampling to remove the auditor and the business bias from the sampling selection process.
The sample selection process is determined by the form of the taxpayer records and how those records are physically stored.
Florida – Sales and Use Tax Audit – Insider Tips from Former Agents
by Fresh Start Tax | Sep 4, 2013 | Sales Tax, State of Florida
FLORIDA Sales Tax Audits – Attorneys, Lawyers, Former Agents
Has your company has been issued a Notice of Intent to Audit Books and Records from the State of Florida?
We can have the auditor come to our professional offices thus avoiding a State of Florida Auditor from taking up your space, your employee’s time, snooping around your business and asking questions to your employees. will
You should never have any tax auditor show up and audit at your location.
As Tax Attorneys, Tax Lawyers , CPA’s, Former Florida Sales Agents and Use Tax Agents we have been defending companies throughout the State of Florida.
Factors that could have caused your Florida business to become a target of a Florida sales tax audit
The state of Florida Department of revenue audits taxpayers for various reasons. The list below could have triggered your Florida sales tax audit.
- Do you purchase supplies for your business from out-of-state vendors or through the Internet?
- Did you sell goods at retail, or wholesale products which you manufacture,
- Did you sell services in Florida, can you be sure you are collecting the appropriate amount of sales tax on the sale of your goods or services?
- If the answer is “yes” to any of these questions you might be targeted by the State of Florida for a sales and use tax audit.
The state of Florida Sales Tax Audits targets different businesses, different industries and different geographical boundaries to make sure they have a very balanced approach to the sales tax audits in the state of Florida.
Sate of Florida Sales Tax must ensure total coverage for the entire state therefore all industries and businesses are included in sales tax audits.
No industries are excluded. The state of Florida keeps a sharp eye on all industry, new industries in potential targets of abuse.
When the state of Florida sales tax division finds widespread industry abuse they will put a lot of their time and resources into correction.
As a general rule that could mean convictions, heavy penalties, fines and certainly media and newspaper publicity. They do this to get the attention of the public and mainly to help control industry abuses.
As a general rule when the state or federal agency puts out a number of press releases it is attempting to let the public know there plan a future attack.
It also should be noted that the state of Florida sales and use tax division conducts random audits as well as targeted audits.
Other factors that have to be considered for Florida Sales Tax Audits:
- industries presently selected as targets
- amount of exempt sales being claimed
- Amount of total sales being reported
- ratio of exempt sales to total sales
- adverse information from customers or employees
Most of these factors are obvious but the state of Florida sales tax audit division is always coming up with more programming targeting the industries where revenue success is obvious.
Companies with a history of prior audits where there was significant recovery will definitely get audited again.
Larger companies with high amounts of sales and those reporting high amounts of exempt sales are also targeted.
You should also be aware that Florida sales tax audits occur many times when ex- spouses and former employees turn and companies, individuals, and corporations that have been tax cheats over the years purely for retribution. So be careful what you say and who you say it to.
Florida’s voluntary disclosure program
Florida’s voluntary disclosure program allows a taxpayer to report previously unpaid or underpaid tax liabilities for any tax administered by the Department of Revenue. It is the taxpayer’s opportunity to voluntarily pay these taxes without being penalized.
Who is eligible?
Anyone who has any tax liability for a tax administered by the Florida Department of Revenue and who has not been previously contacted by the Department concerning the liability. Disclosures relating to delinquencies or deficiencies that are obvious and would routinely generate a billing if not otherwise self-disclosed are not eligible for the program.
What are the benefits to the taxpayer?
When the tax and interest liabilities have been paid, all penalties will be waived unless tax has been collected and not remitted. In those instances, a five percent penalty will be imposed, unless reasonable cause is presented.
How far back will the Department look?
Three years immediately preceding the postmark date of the voluntary disclosure request. Failure to take advantage of this program could result in the Department holding the taxpayer liable for the applicable (longer) limitation periods of the relevant taxes.
Professional Tax Representation
- On staff, Board Certified Tax Attorney’s, IRS Tax Lawyers, Certified Public Accountants, Enrolled Agents, Former Sales Tax Agents, State of Florida
- Full Service Accounting Tax Firm,
- We taught Tax Law in the IRS Regional Training Center
- Former IRS Agents, Managers and Instructors with over 60 years experience in the local, district and regional IRS offices.
- Highest Rating by the Better Business Bureau “A” Plus
- Fast, affordable, and economical
- Licensed and certified to practice in all 50 States
- Nationally Recognized Veteran /Published Former IRS Agent
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- As heard on GRACE Net Radio.com – Monthly Radio Show-Business Weekly
- Former Sales Tax Auditor of 16 years
- FLORIDA Sales Tax Audits – Attorneys, Lawyers, Former Agents
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Areas of Professional Tax Practice:
- Same Day IRS Tax Representation
- Offers in Compromise or IRS Tax Debt Settlements
- Immediate Release of IRS Bank Levies or IRS Wage Garnishments
- Tax Relief from a IRS Bill, Letter or Notice of “Intent to Levy”
- IRS Tax Audits
- IRS Hardships Cases or Unable to Pay
- Payment Plans, Installment Agreements, Structured agreements
- Abatement of Penalties and Interest
- State Sales Tax Cases
- Payroll / Trust Fund Penalty Cases / 6672
- Filing Late, Back, Unfiled Tax Returns
- Tax Return Reconstruction
- Consulting, Services, Representation
- INCOME, BUSINESS TAX CONSULTANTS
- bookkeeping and accounting services
- Tax Court
- Florida Sales Tax Defense
FLORIDA Sales Tax Audits – Attorneys, Lawyers, Former Agents – AFFORDABLE EXPERTS
by Fresh Start Tax | Sep 3, 2013 | Sales Tax, State of Florida
RECEIVED FLORIDA SALES TAX AUDIT NOTICE – LAWYERS, ATTORNEYS, EXPERTS
With the Florida Department of revenue needing more income to cover the state’s bills, the State of Florida is looking at increasing the number of tax audits to cover the revenue shortfalls. So you can expect thousands receiving sales tax audit notices.
History has shown there are number of tax cheats in the state of Florida and they are increasing their auditors to start to collect some of these back dollars.
In some cases, the state will not only send out an auditor but also send out a criminal investigator if they feel there is willful failure to file and pay. As a matter of fact they keep on their website a history of prosecutions in the state of Florida.
If you have received a Florida sales tax notice it is in your best interest to contact a true tax professional and tax experts who are skilled in sales tax audit negotiations with Florida sales tax audit practices.
Our firm is comprised of tax attorneys, tax lawyers, certified public accountants, and former State of Florida auditors, and Former IRS Audit Agents.
Our firm’s specialty is Federal and State of Florida Tax audits. We are the affordable solution.
We were over 60 years of working for the federal and State government in the local, district, and regional offices.
For firm has over 300 years of professional tax experience.
We have helped hundreds and hundreds of taxpayers living in the state of Florida resolve state sales and use tax issues.
Whether you owe back sales or use tax or you have late or unfiled or late tax returns we can go ahead and immediately and permanently resolve your Florida State tax issue.
Contact us today for a free tax consultation. We are A+ rated by the Better Business Bureau and we are fast and affordable.
Whether you owe sales and use tax or you are going through a sales tax audit call us today and we can take the stress and worry are the situation for you.
Let our years of experience work directly for you.
Lost records, no problem.
If you have lost your records we will be able to reconstruct all your tax returns.
We have reconstructed hundreds and hundreds of tax returns over the year and we are experts in tax reconstruction.
Do not let the fear of not having tax records keep you from filing back tax-returns.
Florida Sales Tax Audits
As the State of Florida states that a tax audit should be an educational experience to provide an understanding of your responsibilities and rights under Florida tax laws.
It should not be a frustrating, time-consuming experience. Although an Sales Tax and Use audit is an enforcement tool to ensure tax compliance, it can help businesses identify and correct bookkeeping problems that could cause additional tax liabilities.
Why Are Taxpayers Audited in the State of Florida?
The State of Florida audits taxpayers to:
- Enforce Florida tax laws uniformly,
- Promote voluntary compliance,
Most filed tax returns are correct and accepted by the State.
While the State of Florida accepts most tax returns as filed, the State audits some tax returns to verify accuracy and evaluate compliance.
State Tax Audits do not always result in the taxpayer owing additional tax, penalty or interest.
The auditor may adjust a credit carryover or correct distribution without assessing additional tax. The auditor may even determine that a refund is due.
How was your tax return selected for a State tax audit?
The strategies for selecting a business or individual to audit vary from tax to tax.
Here are some examples of sources used to identify a potential audit candidate:
a. Internal Revenue Service information.
b. Information sharing programs with other states or other state agencies.
c. Computer-based random selection.
d. Analysis of Florida tax return information.
e. Business publications, periodicals, journals, and directories.
What Happens During a Florida State Sales and Use Tax Audit?
The State conducts two types of audits:
1. those done in States offices (desk audits), and
2. those done at your place of business (field audits).
We use paper or electronic records to complete an audit (see “What is e-Auditing?”).
Major tax audits
Generally, we will audit a major tax, such as sales and use or corporate income, along with related taxes, such as local option or emergency excise.
The auditor begins by mailing you a Notification of Intent to Audit Books and Records (Form DR-840 or CA-I).
This notice identifies the audit period and taxes to be examined. The auditor will also inform you of the records you will need to provide.
The types of records needed may include, but are not limited to: federal income tax returns, Florida tax returns, depreciation schedules, general ledgers and journals, property records, cash receipt and disbursement journals, purchase and sales journals, sales tax exemption or resale certificates, and documentation to verify amounts entered on tax returns.
You may receive a questionnaire to assess the potential for an electronic audit.
Record-keeping for the State of Florida Sales Tax
You must keep your records for 3 years since an audit can extend back that far. The Department may audit for periods longer than three years if you did not file, or filed a substantially incorrect return or payment.
If you fail to show up for a Florida State sales or use tax audit
If you fail to have or show up with tax records the State will estimate your Sales Tax.
If you have been contacted by the Florida sales tax division of the Department of revenue about a potential criminal investigation when you call our offices, ask to speak directly to our tax attorneys, tax lawyers who can assist you and answer all your questions.
The conversation will be under attorney-client privilege.
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