When it comes to tax audits, the IRS is not the only organization that conducts tax audits. The California Department of Tax and Fee Administration (CDTFA) focuses on sales tax audits among California residents and tax payers. The agency is responsible for administering sales and use taxes, and they use their audits to verify that businesses are accurately reporting and paying taxes. The CDTFA generally reviews retailers who sell items at a retail price, and the tax calculation is based on the gross receipts obtained from the retail sales. 

Over the years, I have received panicked calls from business owners saying they are being audited by the CDTFA and need help to navigate the process. Let’s look at how the CDTFA carries out its audits and whether your California business is likely to face one.

The CDTFA carries out its audits by employing a variety of tests and techniques, and the test is influenced by the type of business being audited. The initial test carried out by the CDTFA is an in-depth comparison of the sales recorded in the business’ records and the sales reported on the sales tax return. The auditor will then determine the parameters of their audit, which includes the time period being investigated and the CDTFA has three years to start an audit.


The CDTFA may also perform a mark-up test, cash vs. credit test, use tax test, alcohol pour test, Amazon sales test, hot vs. cold, in-store and to-go test, etc. Each industry has its own set of standard tests. The CDTFA audits tend to be very aggressive and clients are presented with a very detailed Excel spreadsheet summary that can be very difficult to understand. It’s generally advisable to work with a California tax attorney to help you understand that document.

While CDTFA audits can be routine, there are common red flags that may increase the likelihood of your business being audited. Here are a few common audit triggers.

  1. Inconsistent tax reporting: Discrepancies in reported sales or tax liabilities from year to year are common audit triggers
  2. High-risk industry: Some industries, such as restaurants, liquor stores and construction, are more frequently audited due to the complexity and variability of their transactions
  3. Frequent amendments or late filings: Regularly amending tax returns or consistently filing late are also red flags — not just to the CDTFA, but to the IRS as well
  4. Audit history: If your business has been audited in the past and discrepancies were found, CDTFA may conduct follow-up audits
  5. Third-party reports: Sometimes when customers, vendors or other third parties make reports that contradict your figures, those notifications may trigger an audit

Once the auditor has reviewed the financial statements and makes comparisons, it will determine (if any) how much gross revenue has gone unreported and the taxes that are owed on that amount. You will then receive a bill for the amount due, plus interest and penalties. If the taxpayer or business owner does not agree with the CDTFA’s audit finding, they can appeal the decision to the Office of Tax Appeals (OTA) within 30 days. You and your tax attorney may also decide to settle with the CDTFA. When that happens, the agency reviews the audit and allows the taxpayer an option for settlement. Many audits that determine the business owes sales tax are being amicably resolved as part of this settlement program.

While a CDTFA audit may sound confusing and scary, it’s a common occurrence for many California business owners. My best advice is to not try to navigate a CDTFA audit on your own. It’s always best to work with an experienced San Francisco tax attorney who can help you see your way through the process and assure your business will survive the audit process.

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.

Allison Soares

Allison Soares, a renowned tax attorney, excels in representing clients before the IRS, FTB, EDD, and CDTFA. With a Bachelor of Arts in Finance from the University of Wisconsin, Milwaukee, and a transformative teaching stint in Brazil, Allison’s diverse background enriches her legal expertise. She pursued law at St. Thomas University School of Law, Miami, complementing it with an MBA in accounting and forensic accounting. Further honing her skills, she obtained a Master of Laws in Taxation from the University of San Diego School of Law. As an adjunct professor at San Diego State University, Allison imparts her knowledge in tax procedures, practice, and ethics. Her accolades include being named Best of the Bar by the San Diego Business Journal and multiple Super Lawyer recognitions. Committed to community service, she volunteers with Forever Balboa Park and Friends of Balboa Park. Allison’s authoritative contributions in tax law are showcased through her publications and speaking engagements.
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Brandessa Hale
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I can't recommend Allison enough! She helped me successfully navigate a stressful EDD audit with expertise and grace. Not only is she incredibly smart and thorough, but she's also genuinely kind—something you don’t always expect from an attorney. Her support and guidance made all the difference. If you need a tax attorney who knows her stuff and truly cares, she's the one to call!
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Thank you Allison for all of your help and knowledge, and your strong team And referrals. I am beyond grateful. You went above and beyond my expectations.
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2024- Working with Allison has been an incredibly smooth experience both times I’ve worked with her. Her expert advice and the support she provides are outstanding, and we’ve had nothing but positive results each time. 2020- I was so impressed with her work during an EDD audit. I would HIGHLY recommend Allison to anyone going through an EDD Audit. From the very first 3 minutes of speaking with her, she was super helpful and professional, while also making me feel like I was talking to a friend, which really helped calm my anxiety. Allison was dedicated to helping us achieve the best possible outcome and was honest about all scenarios, even preparing us for the worst. We ended up with the VERY best outcome because of how she guided us through the process and made sure we had everything ready to tell our story to the auditor. If you want someone who truly listens, understands your business, and will be your biggest advocate, call Allison now! Be ready because she’s quick to respond with both calls and emails.
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Nadine Kunal
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Very thoughtful, concise, and honest advice provided. Would recommend her council to my family.
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Alex L
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We retained the services of Allison Soares for a recent IRS audit. The IRS was claiming we owed an exorbitant amount of money. After interviewing several qualified attorneys, Allison was the obvious choice. During this very stressful time for our family, we appreciated how knowledgeable and responsive she was from the very first call. Her professionalism and commitment to our case was truly impressive. She pointed out a few critical points, that another attorney may have missed, which we believe helped our case immensely. She guided us through this complicated process with great success and we could not have been happier with the outcome of the audit. We are 100% satisfied with her work and would highly recommend her to anyone seeking legal tax advice. Thank you so much Allison, we are truly grateful for all your hard work.
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I called this office to have a tax issue clarified for me. I have never received more candid, honest, and useful information. I would highly recommend Allison Soares.
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Allison Soares is incredibly knowledgeable, prompt, and helpful. Her detailed expertise in tax matters made my experience exceptional. Highly recommended!
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Allen Wang
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I received an EDD audit letter for my small s-corp business. I feel nervous. Fortunately I found Allison. I talked with her on phone today about my business and my concern, she gave me very solid suggestions and confidence to handle this. She is very honest and I highly recommend her to anyone who has trouble with EDD audit!
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Allison Soares is a great tax attorney. She helped my business navigate an difficult tax situation and I am very happy with the outcome