IRS Tax Problems

Don't bury your head in the sand if you receive a IRS notice

8/25/2015

The following interview with Barry Gilbert, CPA, EA, discusses the many issues facing taxpayers when facing a IRS or California FTB tax audit.

Lee Reams:

Good morning. Today we are joined with Barry Gilbert CPA, EA. He's a former FTB Auditor and we really want to get some insights into how the Franchise Tax Board works and how they work with taxpayers. This is really about giving our audience an insider's view of the Franchise Tax Board and a few concerns or things to worry about.

Barry, thank you for joining me today; I wanted to start with a little bit of background information, if you could explain why you became an accountant?

Barry Gilbert:

Hi Lee, thank you very much for having me I appreciate it. I enjoy being an accountant, I love helping people and that's why I went to work for the Franchise Tax Board in the first place. I stayed there for 30 years, I enjoyed the public service and I like working with numbers and helping people.

Lee Reams:

If you like working with numbers it would be a good industry to be in. What led you then to a career in the Franchise Tax Board, and then I guess a follow up question to that would be what made you decide to get into private practice?

Barry Gilbert:

I have always been curious about taxes since I started working. I thought this would be a good fit for me being that I like numbers and like to help people, and I was interested in taxes. I stayed with the Franchise Tax Board; I worked there for 30 years. I went from Collections to Audit, where I spent most of my years as a tax auditor. My last five years with the Franchise Tax Board was in the Public Affairs office, I was a Public Affairs spokesperson in Southern California.

Lee Reams:

That's great insight. Let's start here for our audience and give a difference between what is it like between an IRS action versus a Franchise Tax Board? We hear you should be very afraid of California, but just give California taxpayers a general understanding of what are the main differences in how they operate?

Barry Gilbert:

Franchise Tax Board in some cases can be just as difficult to deal with as the Internal Revenue Service. In many cases Franchise Tax Board, while they handle the same issues, income tax and franchise tax for businesses, they are quicker sometimes in getting to the taxpayer. They're very automated as far as their collection activities; they specialize in certain audit areas that are different than the IRS, such as resident and non-resident audits. They have jurisdiction over LLC which the IRS doesn't recognize the LLC, so it's a state issue. Also with corporations there's differences, there's non-conformity between federal and California in many tax areas, so that creates some issues for California.

Lee Reams:

We've heard a lot in the media lately of the different IRS phone scams and identity theft and the different fraud, is the Franchise Tax Board experiencing some of the same issues right now?

Barry Gilbert:

I think the Franchise Tax Board does have similar identity theft issues as what's going on with the IRS. The first thing for most people to know, most taxpayers to know is that both the IRS and the Franchise Tax Board will contact you by mail via correspondence for any collection or audit issues. If you get phone calls out of the blue from Franchise Tax Board or IRS or emails out of the blue claiming their from IRS or Franchise Tax Board, normally 99.9% of the time that's not the case. It's not legitimate contact, it's identity theft, it's phishing schemes, they're trying to collect money illegally and people should be aware of it that these scams are going on.

Lee Reams:

You kind of alluded to this but how does the Franchise Tax Board start the collection procedure?

Barry Gilbert:

Again the Franchise Tax Board is pretty quick on collections, and they'll notify you by correspondence. I think the first thing to recognize, at least for individuals, is that when they get a notice from the Franchise Tax Board that they should see if it's for income tax or it's for other collection activities. The Franchise Tax Board is a collector for various state agencies, and courts, and delinquent child support in the State of California, so verify what the collection notice is for.

Lee Reams:

When you work with a client and their tax problems, what is your approach to walk them through the process? How do you make them feel better about it and kind of make their mind at ease? It's obviously a very stressful experience when you receive a notice from the IRS or the FTB, but just give me an idea of how you work with your clients.

Barry Gilbert:

As a CPA and Enrolled Agent also, we try and simplify it. We try to clarify the notices and we try to of course calm the clients down. Nobody likes to get a notice from the government whether it's from the IRS or the Franchise Tax Board, and so we try and concentrate on the issue, clarify the issues, get the documentation order in order to satisfy or answer the request from the IRS. Sometimes IRS or Franchise Tax Board have matching programs where there are things missing that the IRS or Franchise Tax Board have information on you as far as income and expenses and they just want clarification as to why or why not they were put on the tax return.

Lee Reams:

Okay, that's some good insight. Another question that comes up often is how does the Franchise Tax Board work with taxpayers from out of state? We know there's times when they may identify income that they believe California tax should be paid and obviously the person out of state doesn't think that's the case. How does the Franchise Tax Board work with taxpayers from other jurisdictions or out of state?

Barry Gilbert:

California has their tax flaw which allows them actually to pursue people in other states if they owe money, but more importantly to see what the issue when they are contacted out of state. California taxes individuals on all income from all sources, that's California residents. California non-residents are taxed on California source income, so if a taxpayer is living out of state and the Franchise Tax Board contacts them they want to know if this is a California source income and if it is why isn't the taxpayer, that person, reporting it to the State of California.

Lee Reams:

Okay, and then from there I would say do most people hire a professional like yourself to assist them with an out of state issue of California? What would be your advice there? It sounds like not everyone, if someone is in whatever state, they may not have the same experience with the unique California laws.

Barry Gilbert:

And that's the thing; there are so many differences in the California laws. California is not 100% conformity to federal law, and so yes often times even with corporations that are out of state, not only individuals but corporations, and they're operating within California they probably should get some professional advice as to whether there is a filing requirement with the State of California, with the Franchise Tax Board, whether they have to register their corporation here. The same is true on LLCs which California has a special form, a 568-Form, where they monitor LLCs operating within California, and you would register with the Secretary of State if you're an out of state company doing business in California or you do have a California LLC or California Corporation.

Here's one difference, with S-Corporations, for federal tax purposes S-Corporations don't pay any tax. For California there is a minimum tax of course, a minimum franchise tax that they pay every year, but also there is a small percentage tax that they do pay on net income to the State of California. Often corporations have a problem, people start corporations whether it's within California or outside of California and they let them go, they never use them. All of a sudden they're getting bills from the State of California, notices that they should file returns, they should pay their $800 a year franchise tax. All of a sudden they're suspended from operating in the State of California, and so it creates a lot of problems because then you have to revive a suspended corporation if you want to use it again. There's a lot of issues and resident, non-resident for individuals is a big issue, again what is taxable to California, what income is not taxable to California as a resident or non-resident. It creates a lot of issues where you may need professional help to sort everything out, especially somebody that has some experience in dealing with the State of California tax issues.

Lee Reams:

Thank you for that. I will leave you with one last question and you can answer however you'd like. What would be the best advice you can give taxpayers facing a Franchise Tax Board taxation?

Barry Gilbert:

I would say the best advice I can give to taxpayers is don't be a tax ostrich. In other words, don't get a notice from the Franchise Tax Board and ignore it or file it in the round basket. You've got to deal with it right away as you would with any government agency, including the IRS. Pay attention to it and if you feel that it's above and beyond what you can deal with, I think it's time to get a professional that can deal with California tax issues and with the Franchise Tax Board.

Lee Reams:

Again, thanks Barry for your time today. I really appreciate your insight and hope this video and interview gives some insight into dealing with the Franchise Tax Board and the differences between the FTB and the IRS. Thank you very much.

Barry Gilbert:

Thank you.

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The Website is controlled and offered by Taxbuzz from facilities in the United States of America. Taxbuzz makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Taxbuzz, CountingWorks, Inc. and their respective licensors, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright or any other intellectual property, property right, privacy right; and/or (iv) any claim that your User Submission(s) caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Website.
Ability to Accept Terms and Conditions
You affirm that you are either older than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under the age of 13, then do not use the Website—there are lots of other great websites for you. Talk to your parents about any products you want to purchase, as Taxbuzz sells its products and services to adults only.
Assignment
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Taxbuzz or CountingWorks, Inc. without restriction.
General
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Taxbuzz or CountingWorks, Inc., either specific or general, in jurisdictions other than California. These Terms and Conditions shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Taxbuzz that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms and Conditions, together with the Privacy Policy at https://www.taxbuzz.com/t/privacy and any other legal notices published by Taxbuzz on the Website, shall constitute the entire agreement between you and Taxbuzz concerning the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Taxbuzz's failure to assert any right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision. YOU AND TAXBUZZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Liability Limitation and Usage Guidelines for TaxBuzz AI:
Limitation of Liability:

TaxBuzz AI is a tool designed to provide tax professionals with assistance in generating responses to tax research questions. While we strive to maintain the accuracy and reliability of the information provided, it is imperative to recognize that tax laws are dynamic and subject to change. Therefore, the use of TaxBuzz AI should be complemented by professional judgment and consultation with legal and tax experts.

By utilizing TaxBuzz AI, you acknowledge and agree that the information generated should not be considered as a substitute for professional advice tailored to your specific circumstances. We explicitly disclaim any liability for the consequences arising from the use of advice generated by TaxBuzz AI. Users are encouraged to independently verify the information and seek professional advice before making decisions based on the AI-generated responses.

Usage Guidelines:
- Professional Judgment: TaxBuzz AI is a tool to aid tax professionals in research and analysis. It is not a replacement for professional judgment, and users should exercise their expertise when interpreting and applying the information generated.
- Consultation with Experts: While TaxBuzz AI provides valuable insights, it is crucial to consult with legal and tax experts to ensure the advice aligns with the latest legal developments and specific nuances of a particular situation.
- Verification of Information: Users are responsible for independently verifying the information provided by TaxBuzz AI, especially in instances where the advice generated is critical to decision-making.
- Educational Purposes: TaxBuzz AI is intended for educational and informational purposes only. It is not intended to provide specific legal or tax advice tailored to individual circumstances.
- Non-Endorsement: The use of TaxBuzz AI does not constitute an endorsement or guarantee of the accuracy of the information provided. Users are encouraged to corroborate the advice with other reliable sources.
By accessing and using TaxBuzz AI, you agree to abide by these terms and acknowledge the limitations outlined herein. We reserve the right to modify these terms at any time, and your continued use of TaxBuzz AI constitutes acceptance of any such modifications. If you do not agree with these terms, please refrain from using TaxBuzz AI.

TaxBuzz.com is a service of CountingWorks, Inc., 2549 Eastbuff Drive., #448 208, Newport Beach, CA 92660

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