Workshop P CAT, Sales & Use and PTE Audits...Best Practices to - - PDF document

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Workshop P CAT, Sales & Use and PTE Audits...Best Practices to - - PDF document

Tuesday & Wednesday, January 2829, 2020 Hya Regency Columbus, Columbus, Ohio Workshop P CAT, Sales & Use and PTE Audits...Best Practices to Effectively Plan & Manage the Audit Process Tuesday, January 28, 2020 3:00 p.m. to


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Tuesday & Wednesday, January 28‐29, 2020

Hya Regency Columbus, Columbus, Ohio

Workshop P

CAT, Sales & Use and PTE Audits...Best Practices to Effectively Plan & Manage the Audit Process

Tuesday, January 28, 2020 3:00 p.m. to 4:00 p.m.

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SLIDE 2

Biographical Information

Amy Thomas Laub, Director, Tax, Nationwide Insurance Company 1 W. Nationwide Blvd, Columbus, OH 43215 614-249-7070 thoma30@nationwide.com

Amy Thomas Laub works for Nationwide Insurance Company, which is headquartered in Columbus, Ohio. As Tax Director, she is primarily responsible for state income tax and sales & use tax areas. Prior to joining Nationwide, she worked in the Tax departments for Tempur Sealy International, Inc., located in Lexington, Kentucky, and Federal Express, located in Memphis, Tennessee. Amy has experience with multiple areas of state taxation including compliance, audits, planning, policy and incentives & credits. Amy currently serves as Immediate Past Chair for the Council on State Taxation (“COST”). She is only the third woman to chair COST over the past 48 years. Amy is a member of the COST Board of Directors. She participates in numerous conferences and schools as a speaker and a facilitator. Amy is a licensed CPA and received her B.B.A. degree in accounting from the University of Cincinnati.

Chad G. Leon, Assistant Administrator, Audit Division Ohio Department of Taxation, PO Box 183014, Columbus, OH 43218 (614) 800-3967 Chad.Leon@tax.state.oh.us

Chad is an Assistant Administrator for the Audit Division of the Ohio Department of Taxation. He has over fifteen years of experience in Sales and Use tax. Chad began his career with the Ohio Department of Taxation in December, 2002 as a sales and use tax auditor in the Akron District Office. He was promoted to a Sales & Use tax audit manager in January, 2010 and held that position until he received his current position in July of 2015. Chad has audited exclusively in Sales and Use tax throughout his career and has experience in numerous industries including manufacturing, contracting, automobile dealerships, restaurants and trucking. Chad is a graduate of Malone University with a B.A. in Accounting and Business Administration.

John R. Trippier, CPA, Director (non-attorney professional), Zaino Hall & Farrin LLC 41 South High Street, Suite 3600, Columbus, OH 43215 jtrippier@zhftaxlaw.com 614-349-4815 Fax: 614-754-6368

John is Director of Multistate Tax and serves clients with more than 31 years of experience in government, public accounting/law firm and industry. He assists clients with evaluating current multistate tax positions to identify refund

  • pportunities and to mitigate potential exposures. John also uses his previous Department of Taxation experience

to defend clients throughout the audit process, which helps to ensure the client pays the minimum due. John is a certified public accountant who served as the Administrator of the Ohio Department of Taxation’s Audit Division for over eight years beginning in 2003. At the Ohio Department of Taxation, John was responsible for developing and implementing audit policy for the sales, use and commercial activity taxes. He was the architect for the commercial activity tax audit process and the audit tools that are used by auditors and managers to research taxability issues. John also spent two years as an income/franchise tax and sales/use tax auditor in the Department’s Chicago office. John has worked over 10 years in public accounting as a state and local tax consultant for Coopers & Lybrand, KPMG Peat Marwick and RSM McGladrey, Inc. As a consultant, John assisted clients with multistate sales/use, income/franchise, personal/real property, intangible and unclaimed property tax audits and appeals. John also assisted clients with multistate refund reviews, corporate restructuring, compliance studies, nexus studies, voluntary disclosures and sales tax software implementations. John also worked 9 months for the law firm of McDonald Hopkins where he was director of Multistate Tax Services. John worked in industry as a state and local tax manager of a telecommunications company responsible for audits, appeals and state and local sales/use, personal/real property and income/franchise tax compliance. John is a frequent presenter on Ohio sales, use and commercial activity taxes for the Ohio Society of CPAs, Ohio Business Tax Conference and various other associations throughout Ohio. John is also a frequent presenter for the Council on State Taxation (COST).

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2020 Ohio Business Tax Conference

Workshop P: Best Practices to Effectively Plan & Manage the Audit Process

January 28, 2020

Amy Thomas Laub, Nationwide Insurance Company Chad Leon, Ohio Department of Taxation John Trippier, Zaino Hall & Farrin LLC

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Notice

This document and information is provided by Zaino Hall & Farrin LLC for general guidance only, and does not constitute the provision of legal advice, accounting services, investment advice, written tax advice under Circular 230, or professional advice of any kind. The information provided herein should not be used as a substitute for consultation with professional tax, accounting, legal, or other competent advisers. Before making any decision

  • r taking any action, you should consult with a professional adviser who has

been provided with all pertinent facts relevant to your particular situation. The information is provided “as is” with no assurance or guarantee of completeness, accuracy, or timeliness of the information, and without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, and fitness for a particular purpose.

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Agenda

3

  • Audit Division Update
  • Top 10 Components of an Audit
  • Case Study
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Presentation Approach

4

  • General information focusing on the audit process
  • Focusing on Ohio audit process, but concepts apply to all states
  • Examples focus on Ohio sales/use tax and commercial activity tax, but

concepts apply to all tax types

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Audit Division Update

5

  • Audit Selection
  • Limited Scope Audits
  • Penalties
  • Direct Payment Permits
  • Refunds
  • Karvo Paving Co. v. Testa, 2019‐Ohio‐3974 (9/30/2019)
  • Nationwide v. McClain, BTA (10/22/2019)/Info. Release 1999‐01
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SLIDE 8

Audit Division Update

6

  • Predictive and Trending Analytical Models
  • Cross tax comparisons
  • Peer group comparisons
  • Tax filing trends
  • Etc.
  • Leads are analyzed and assigned, if taxpayer appears to be non‐compliant
  • Leads involve various tax types, industry sectors and geographic locations
  • Selection and assignment processes are objective, efficient, fair and

equitable

  • Ultimate goal is increased taxpayer compliance

Audit Selection

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Audit Division Update

7

  • Limited Scope
  • Analytics from audit selection indicate areas on potential non‐compliance
  • Middle ground between discovery inquiries and full‐fledged, multi‐issue field

audits

  • Fewer records requested
  • Increase the number of non‐compliant taxpayers contacted

Limited Scope Audits

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Audit Division Update

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  • Rolled out
  • Applies to audits started once the tax was integrated into BRUTUS
  • Sales/Use tax
  • New reports
  • New statistical sampling method
  • CAT
  • Complete change from previous software
  • IFTA/IRP and Employer Withholding
  • Have been integrated into BRUTUS
  • Pass Through Entity
  • Has been incorporated into BRUTUS
  • Financial Institutions & Petroleum Activity
  • Currently in the process of being incorporated into BRUTUS

New Audit Software

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Audit Division Update

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  • Application of statutory penalty on audits that result in a tax due

liability

  • Reduces subjectivity of penalty application
  • Increases consistency in treatment of taxpayers
  • Penalty Reduction
  • Penalty group within the audit division reviews all requests for penalty

reduction on all requests prior to assessment

  • Reviews TP request, facts and findings of the audit, audit history, cooperation

during the audit and other items to make fair and consistent decisions

  • Moves penalty decision to the administrative level

Penalties

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Audit Division Update

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  • ODT contacting all DPP holders (Began May, 2015)
  • More than 90% of the review has been started and/or completed
  • Over 30% of the original accounts were deemed unnecessary and/or

cancelled

  • Consideration being given as to whether DPP is optimal reporting

method

  • Goal: increase accuracy of compliance of DPP holders
  • Significant over or underpayment of tax can result in revocation of one’s DP

authority

Direct Payment Permits

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Audit Division Update

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  • ODT intends to conduct follow‐up reviews moving forward to better

manage the program and ensure that changes in procedures, accounting systems, business model, etc. are being communicated with ODT

  • TP must communicate to ODT any changes in accordance with the

agreement 30 days prior to making them

  • Direct payment authority for paying sales and use tax is a privilege

granted to businesses to promote the efficient administration of Ohio’s sales and use tax law pursuant to ORC 5739.031

Direct Payment Permits

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Audit Division Update

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  • 99% of sales/use tax refund claims will be handled by Business Tax

Division

  • About 13‐14 tax examiners
  • 6,365 refund claims reviewed last fiscal year
  • Currently working on claims filed about 2 to 6 months ago depending on

complexity

  • Handling amended return and taxability claims
  • Majority of CAT refunds will be handled by Business Tax Division
  • 5,962 refund claims reviewed last fiscal year
  • Currently is working on claims filed about 2 months ago
  • Claim may be sent to Audit Division

Refunds

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Audit Division Update

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  • Sales/use tax claim needs to contain supporting documentation
  • Copies of Invoices
  • Usage explanations
  • Proof of payment
  • Canceled check
  • Bank Statements or ACH transaction reports
  • Accounts Payable transaction listing
  • Other verifiable electronic documentation from accounting software package indicating payment
  • Reconciliations for use tax or sales tax (threshold?)
  • Multiple Points of Use (MPU)
  • Contracts
  • Sales tax claims from vendor must contain letter from customer or proof tax paid to customer
  • New form (ST AR) and requirements (ST AR C) placed on the Department’s web page
  • 60‐day letter – must request a hearing if desired

Refunds

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Audit Division Update

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  • Karvo Paving Co. v. Testa, 2019‐Ohio‐3974 (9/30/2019), Ninth District

Court of Appeals

  • Resale of traffic control equipment
  • Definition of affiliate for affiliate exclusion
  • Casual lease – is there such a thing?

Case Law

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Audit Division Update

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  • Nationwide v. McClain, BTA Case No(s). 2018‐313, 2018‐315 – 318

(10/22/2019)

  • Data cabling is now common to buildings and following Newcome Corporation
  • v. Tracy (December 11, 1998), BTA Case No. 97‐M‐320, is now the installation
  • f real property, not subject to sales tax
  • Information Release 1999‐01, Updated December 18, 2019
  • Effective October 22, 2019
  • Not all data cabling is real property – “specialized networks to meet a

technical requirement”

  • Auditing of issue – only if contractor has not paid tax on purchase or collected

tax on sale

  • Contractor is expected to accrue use tax if refund filed

Case Law

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Polling Question

  • What category best describes your current position?
  • A. Tax advisor in industry
  • B. Department of Taxation employee
  • C. Tax consultant (CPA firm, law firm, etc.)
  • D. None of the above, I am my own person

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Polling Question Results

  • Polling question link

17

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Top 10 Components of an Audit

  • Preparing for an audit
  • Scope/Method/Type
  • Data/Sampling
  • Communication
  • Documentation
  • Review of workpapers
  • Waivers
  • Finalizing audit
  • Refunds
  • Implementing audit results

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Preparing for an Audit

  • Taxpayer
  • Review files to understand

positions taken/reserve, if any

  • Review returns/workpapers
  • Review prior audit and

implementation of audit results

  • Contact others (industry,

consultants, etc.)

  • Review data issues
  • If not contacted yet, consider

voluntary disclosure/amnesty

  • Department
  • Review tax return filings
  • Review prior audit
  • Review internal resources
  • Review external resources
  • Review other tax filings

19

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Data/Sampling

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  • Data
  • Your data, verify it is complete and accurate
  • Using GL or AP
  • Analyze to identify anomalies
  • Screening to eliminate extraneous data
  • Sampling
  • Block – is it representative
  • Statistical – full download/partial download
  • Sampling Agreement
  • Understand projection method
  • Sign or not to sign? That is the question.
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Polling Question

  • My company’s policy on signing sampling agreements is:
  • A. Always
  • B. Never
  • C. Only if I am in the mood that day
  • D. No need, only do comprehensive audits
  • E. Read the agreement, ask questions and sign once satisfied.

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Polling Question Results

  • Polling question link

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Communication

  • One point of contact
  • Develop action plan with anticipated

dates

  • Requests for information in writing
  • Document answers/agreements in writing
  • Summary emails recapping decisions and

next steps

  • Meet or conference regularly
  • Maintain records provided to auditor
  • Zix email/ftp site issues

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Documentation

  • Provide timely
  • Organized and easy to understand
  • Provide what is requested or a reasonable

replacement

  • Make sure auditor understands the facts
  • Provide pictures
  • Understand ramifications of what is being provided
  • Provide hard copy, electronic or only access to (not

left behind with auditor)

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Review of Workpapers

  • Mathematical errors
  • Sample methodology not followed based
  • n agreement
  • Documentation ignored or forgotten
  • Documentation not understood
  • Incorrect interpretation of laws or rules

Typically easier (and less costly) to remove issues at audit level

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SLIDE 28

Waivers

  • Pros
  • Extend cooperation for a more

accurate audit

  • Bring audit to current period
  • Avoid estimated assessment
  • Opportunity to organize

documents/information

  • Opportunity to organize

team/involve tax advisor

  • Cons
  • Potential for estimated

assessment

  • Extends audit/creates gap period
  • Additional issues may be raised
  • Further internal/external

time/costs expended

  • Reserves may need to be

maintained

  • Continued uncertainty for

company

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Polling Question

  • My company’s policy on statute waivers is to grant them:
  • A. Routinely
  • B. Never
  • C. Only for good cause
  • D. Only if the delay is on our end (e.g., scheduling multiple audits)

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Polling Question Results

  • Polling question link

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Finalizing Audit

  • Preliminary proposal (LOC) v. final proposal (ARN)
  • Make sure you understand calculations (new

BRUTUS reports are different)

  • Request penalty waiver if not using

participatory/managed audit

  • Potential to request meeting with Administration
  • Understand next steps
  • Payment
  • Appeal rights

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Refunds

  • Excellent time to perform refund reviews –

already under audit

  • If identified, ODT auditors should point out

refunds

  • Generally completed comprehensively, unless

incorporated as part of an audit (statistical sample, bulk credit)

  • Consider requesting a managed/participatory

audit if you feel you are in a refund position

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Implementing Audit Results

  • Update compliance manuals, tax

compliance software

  • Document changes
  • Consider VDA or

managed/participatory audits for gap periods

  • PARSA – Prior Audit

Representative Sample Analysis

31

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SLIDE 34

Case Study

  • Scenario
  • Audit Commencement Letter

32

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Contact Information

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John R. Trippier, CPA

Zaino Hall & Farrin LLC 614‐349‐4815 jtrippier@zhftaxlaw.com

Amy Thomas Laub

Nationwide Insurance Company 614‐249‐7070 thoma30@nationwide.com

Chad Leon

Ohio Department of Taxation 614‐800‐3967 chad.leon@tax.state.oh.us

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Audit Division P.O. Box 183014 Columbus, OH 43218 http://tax.ohio.gov/ Letter - Audit Commencement Rev - 4/19 1

December 3, 2019 SAM Manufacturing, LLC 123 Sam Lane Columbus, OH 43218 Re: Sales and Use Tax Audit 01/01/2016 through 06/30/2019 Dear Taxpayer: Pursuant to Chapter 5703 of the Ohio Revised Code, the Department is commencing a sales and use tax audit on your company for the periods referenced above. As we discussed in our telephone conversation on December 2, 2019, we agreed that our field examination would begin the week of December 23, 2019. We will need to examine all pertinent records for the purpose of determining sales and use tax liability. To ensure an orderly audit, please send me the information listed below for the entire audit period on or before December 16, 2019.

  • Chart of accounts (including department codes/cost centers/locations) in existence for the audit period

listed above for the taxpayer to whom this letter is addressed. Please identify the accounting software(s) used during the audit period.

  • General ledger download containing at a minimum the account number, vendor name, description,

date, amount, and tax amount.

  • Sales download listing customer names, addresses, date, sales amount, and sales tax amount.
  • Trial Balances for each month covered in the audit period listed above.
  • Supporting documentation to the sales and use tax returns (i.e. Use Tax Accrual Ledger).

As the audit progresses, additional information will be requested such as purchase invoices, sales invoices, exemption certificates, or other documentation necessary for the completion of the audit. This letter does not preclude the Department from requesting information for any other Ohio taxes. We are requesting that the information referenced above, be provided in electronic format via one of the Department's secure channels, a flash drive, or compact disk. While we have the capability to translate most software language, Excel is the most universal application software utilized and is our preferred

  • format. By obtaining the information electronically, data entry errors are virtually eliminated, the review

process time is greatly reduced, the time required to re-enter those transactions found to be in error during

  • ur review (if any) is all but eliminated, and your company will also spend less time verifying the audit
  • workpapers. Should you have any questions about what type of information we would need with a

download, please contact me prior to generating any reports for use in the audit. The Department recognizes the need for the secure transmission of data. There are several options utilized

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Letter - Audit Commencement Rev - 4/19 2

by the Department to securely transfer data and information back and forth, including FTP GoAnywhere server, SecureZip for attachments, and ZixCorp secure email server. The enclosed Data Transfer Method document details each of these and other options, I can provide you with additional information on these secure data transfer methods, should you have any questions. Please note - the assignment number Case ID will serve as the default password for any password protected documents sent to you via email throughout the audit process. Your participation and cooperation with this audit process is essential to the efficient completion of the

  • audit. Listed below are expectations to complete the audit without the need for waivers to extend the

statute of limitations, or compelling us to complete the audit using the best information available.

  • Requested documentation should be complete and in the requested format.
  • Documentation is to be provided by mutually agreed upon deadlines. The Tax Examiner can create

an audit plan showing various estimated milestone dates in the audit process and share it with you upon your request.

  • Communication from both parties throughout the audit regarding progress toward completion of a

given task or tasks within the audit process. All audit results will include statutory penalty for failure to comply at the time the tax was due. Consideration may be given for penalty reduction prior to assessment. Enclosed is the Ohio Taxpayer's Bill of Rights pamphlet providing a written description of your and the Department's role in the audit and your rights, including the right to a refund in the case of overpayment. As an Ohio taxpayer, you may be represented by an attorney, accountant or other tax advisor during the

  • audit. Upon completion of Form TBOR-1, “Declaration of Tax Representation”, the Department will

correspond with your representative. You will be notified in writing of all adjustments made (if any), at the conclusion of this examination. Your appeal rights and procedures will be provided to you at time of assessment. Please contact me if you have any questions or need further information. Sincerely, Auditor Name 1, UserTitle Phone AuditorTelephone Fax AuditorFax Ohio Relay Service for the Hearing Impaired (800) 750-0750 AuditorEmail Security Notice: Please do not provide confidential information through unsecured channels Enclosures: Declaration of Tax Representative (TBOR-1) Taxpayer Bill of Rights Data Transfer Method Document

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{CASEST~1-1 }

SCENARIO You have just been hired by Simpson Audio Management, LLC (SAM). You are responsible for sales and use tax and commercial activity tax (CAT) for the company and its affiliates. The corporate structure is as follows:

  • 1. Mfg. manufacturers audio equipment at facilities in Ohio and sells the audio equipment to

SAM Retail, LLC (Retail) and third-party authorized retailers. Retail also sells installation and repair services and maintenance contracts (which Retail employees perform the maintenance service). SAM has the headquarters functions and provides management services and licenses intangibles to Mfg., Retail and the third-party authorized retailers. SAM also leases real property and certain items of tangible personal property (TTP) to both

  • Mfg. and Retail.
  • 2. Current filings:
  • a. SAM - never filed sales or use tax
  • b. Mfg. - filed direct pay and sales tax - timely filed
  • c. Retail - filed sales, but not use tax
  • d. SAM is the reporting person for a combined CAT group including SAM and Retail -

timely filed

  • 3. You go through the previous controller's desk and find audit notices for Mfg. and Retail.
  • Mfg. has an use tax notice and Retail has a sales tax notice and use tax notice.