SLIDE 4 Zaino Hall & Farrin LLC • 41 South High Street, Suite 3600 • Columbus, Ohio 43215 614‐326‐1120 • www.zhftaxlaw.com
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Tax Compliance Evaluation Tax Compliance Evaluation
Continually evolving state and local tax laws make it problematic for businesses to stay in compliance on a consistent basis. Our professionals team with our clients to evaluate their past compliance and current state and local tax positions to assess
whether there are any refund opportunities or any possible exposures. ZHF professionals review tax returns and payments (including taxes paid to vendors) to determine if the appropriate amount of tax has been paid. After approval from our client, we file the appropriate documentation with state and local officials in order to obtain any overpaid tax. If exposures are discovered, we work with our clients to quantify the amount of exposure and establish strategies to resolve such exposures for the past. Most state and local governments are willing to work with businesses that come forward voluntarily to limit the amount of tax, penalty and interest that is required to be paid to bring the business into compliance. As states become more aggressive and sophisticated in identifying non‐filers, the likelihood of being audited is higher than ever before. Our Tax Compliance Evaluation services allow businesses to weigh the savings of voluntarily coming forward instead of waiting to be caught. Mitigating future exposure is also important. We work with clients to identify the root causes of the non‐compliance (refunds or exposures) and then develop and implement strategies to eliminate the exposure prospectively. With proper compliance or effective tax planning, ZHF can reduce a client’s exposure and mitigate surprises in the future. We can assist you with the following Tax Compliance Evaluation services:
Refund Checkup
Because tax laws change constantly, businesses often unknowingly overpay their state and local taxes even with the most diligent compliance. Our professionals analyze your past compliance to determine if you have any overpayments. We approach our Refund Checkup as a "reverse" audit, principally designed to identify refund opportunities. A secondary purpose of our Checkup is to identify areas of underpayment. Our Checkup can be used to analyze the following tax types: sales, use, gross receipts, income, franchise, real property, personal property, net profit and unclaimed property.
Commercial Activity Tax (CAT) Exam
Similar to our Refund Checkup, the CAT Exam focuses our analysis on Ohio's CAT. Because the CAT is relatively new, there is little case law providing guidance relating to taxability. With the Ohio Department of Taxation’s (ODT) audit efforts ramping up, our Exam assists clients by examining their payments and filings to determine optimal filing positions, identify potential refunds and mitigate future exposure. Our professionals have extensive experience with the CAT, which includes drafting the legislation, assisting with writing ODT’s information releases and rules, and creating ODT’s audit program and audit policies. If you haven't filed but should have, we can also assist you in resolving the past and
- ptimizing for the future.
Due Diligence Analysis
If your business is considering purchasing another business, you need to be aware of any possible state and local tax liabilities and exposures of the seller. Depending on the nature of the tax or the form of the transaction, the purchasing company may assume the liability of the seller. Businesses planning to sell their operations can also benefit from this service by having an understanding of the possible issues the purchaser may uncover as part of the purchaser’s due diligence review. Sellers can use our Due Diligence Analysis to identify any problems prior to the sale so that steps can be taken to reduce the state and local tax issues, lower any hurdles or road blocks to the sale, and maximize the purchase
- price. Our Due Diligence Analysis focuses on determining where a business (for the seller or the purchaser) has underpaid
sales, use, gross receipts, income, franchise, real property, personal property, net profit, or unclaimed property.
SALT Nexus Study (SNS)
As state and local governments look for more revenue, one group they continue to aggressively target is out of state
- businesses. Nexus is the minimum contact required between a business and a state or local government before a
business can be subjected to that government’s tax filing requirements. With the 2018 U.S. Supreme Court decision in South Dakota v. Wayfair, the ability for states and localities to establish nexus and require tax collection has been significantly increased. Businesses making sales of tangible personal property and services into states where the business does not have a physical presence need to analyze their activities to see if they are now required to collect sales tax. SNS is designed to review a client’s filing history, current business operations (including products, services, locations and sales channels), and future business plans to determine where a client has sufficient nexus to be required to file tax
- returns. Our professionals understand the overriding principles of nexus and have experience dealing with the maze of
state and local nexus laws. Once we determine in which states and localities a business has nexus, we estimate the potential tax exposure. SNS focuses on the following tax types: sales, use, gross receipts, income, franchise, and net
- profit. As a law firm, our analysis is protected by the attorney client privilege. We have the ability to also work with
businesses in drafting contracts and employee rules that can reduce the risk of future nexus exposure. Once SNS is completed, we assist our clients with resolving any potential liability through our Voluntary Disclosure services.
Voluntary
Driven by the need for additional revenues, state and local tax officials are aggressively using technology to identify and audit noncomplying or undercomplying businesses. Because the risk of audit is increasing every day, businesses may want