People often ask me what they should do when they want to talk with a government taxing agent, but they do not have the money or resources to hire an attorney. This is a very common question among San Francisco tax payers and business owners. It’s perfectly fine to reach out to a representative from a government taxing agency. However, as a tax attorney who frequently works with those agents, I do have some advice you may want to consider following to help you navigate that process.
First, and perhaps most importantly, be kind. Dealing with tax problems and audits is stressful and that tension can leave many of us on edge. However, keep in mind that the agent does not have the easiest job. Whether it’s sales tax, income or payroll tax, the agent is dealing with many difficult people and situations. Absolutely nothing will be gained by being rude and taking frustrations out against the agent.
Second, make sure your records are organized. When I work with taxing agencies, I always provide the agent all the information in an organized fashion. Have bank statements and previous years’ tax returns and filing all organized and easy to access so that agents can easily review what they need. Keeping things disorganized or complicated is never advised. Additionally, giving the agent information they did not ask for, or bombarding them with documentation, is never a good idea. As a tax attorney with more than 15 years of experience, I’ve never seen that being successful or helping a tax payer’s case.
Finally, set clear deadlines with agencies, be clear in communication and acknowledge when there’s a mistake. For example, if the agency says they want something returned to them in 30 days, have it back in 25 days. If there is a mistake on your tax records or documents, simply explain why the mistake happened. We are all human, even the government taxing agents, and they understand that those things happen. Businesses and individuals make mistakes. As long as we understand what and how it happened, those mistakes can generally be remedied.
Many San Francisco taxpayers and business owners wonder how to approach conversations with government taxing agents when hiring an attorney is not an option. While it’s completely acceptable to communicate directly with those representatives, remember to proceed with respect and keep your records organized. As a tax attorney who regularly works with government agents, I encourage individuals to keep these considerations in mind to help make the process smoother and more manageable.
Allison Soares is a partner and tax attorney at Vanst Law LLP. It doesn’t matter the issue: audits, collections, appeals, international disclosures, grumpy people— Allison enjoys fixing problems. In addition to her legal work, she has worked in accounting and utilizes that knowledge to her advantage while handling cases involving EDD audits from San Francisco to San Diego.
