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Business and Employment Tax Matters

The taxing agencies continue to place business and employment tax issues on forefront of their investigations. If you learn that your business may be the target of investigation by the IRS or state tax agency, the sooner you contact an attorney the better prepared you will be to deal with the issues.

At Advocate Solutions, Inc., we provide expertise in income tax, employment tax, sales and use tax and other business taxes. The following are examples of the business tax issues we handle:

Payroll tax: The IRS and FTB have expressed that worker classification issues continue to remain a top audit priority. The wrong classification of workers may threaten the survival of a business.

Trust fund recovery penalty: The IRS has the power to convert unpaid trust fund taxes (sales or payroll withholding taxes) of a business into a personal obligation by anyone deemed to be a “responsible person”. A lender can also be subject to this penalty if it controls a company’s credit line and influences disbursements. We defend potential responsible persons from this penalty.

Worker Classification Issues: Many small business owners are unaware of the rules concerning classification of workers as independent contractors versus employees. Although the IRS currently has a voluntary compliance program that can help businesses limit penalties and comply with the Federal laws, the State of California, among other states, have more stringent rules which are fact-sensitive and may diverge from the Federal interpretation.

We represent clients before the California Unemployment Insurance Appeals Board (CUIAB). The CUIAB is an independent administrative court system for workers and employers seeking to challenge decisions made by the Employment Development Department (EDD). If a party appeals the decision of the EDD, they will have the opportunity to present their evidence to an Administrative Law Judge (ALJ). The ALJ can overturn, agree with, or modify EDD's decision. The ALJ’s decision may be appealed to (CUIAB’s) five-member Board appointed by the Governor and the Legislature. The Board’s decision is final, unless overturned by the California Superior Court. California is one of 47 states to offer this second level of review. The Board's decision is CUIAB's final decision. Workers and employers who disagree with CUIAB's final decision may appeal to the California Superior Court system, which is outside of CUIAB.

Our firm successfully represents clients before the CUIAB to efficiently resolve hearings and appeals.

Contact a California Employment Tax Attorney

For more information or to schedule a consultation with a California Employment Tax Attorney at Advocate Solutions, Inc., call (310) 734.2677 or complete the contact form on this site.