Tax Strategy
California FTB Audit Strategy
The Audit Process Step by Step
Here’s what happens from the moment you receive an audit notice to resolution:
- Notice received — The IRS sends a letter explaining what they’re examining and what documentation they need
- Power of Attorney filed — We sign Form 2848, which means the IRS talks to us, not you
- Document review — We review every document before anything goes to the IRS. We provide exactly what’s needed — nothing more
- Examination — The IRS reviews your records. For office and field audits, we attend all meetings in your place
- Proposed adjustments — If the IRS wants to make changes, they issue a written proposal. We review it line by line
- Negotiation or appeal — We challenge anything we disagree with. If we can’t resolve it at the exam level, we take it to appeals
- Resolution — Case closed. We make sure you understand the outcome and what it means going forward
Why You Need Professional Representation
Here’s the reality: anything you say to the IRS can be used against you. Even an innocent statement can be misinterpreted, taken out of context, or used to expand the scope of your audit.
Your CPA probably filed your return. That’s great. But filing a return and defending one are two completely different skills. You wouldn’t send your dentist to perform heart surgery — the same logic applies.
A qualified tax attorney knows IRS procedures inside and out, understands the legal standards the IRS must meet, and knows exactly how to position your case for the best possible outcome.
Appeals & Next Steps
If you disagree with the audit results, you have the right to appeal. The IRS Office of Appeals is independent from the examination division, and they settle the majority of cases they hear.
We’ve won over 100 appeals by building cases that are thoroughly documented and legally sound. The key is presenting a clear, well-organized argument that makes it easier for the appeals officer to rule in your favor.
If appeals doesn’t resolve it, the next step is Tax Court. We’re prepared for that too, but in our experience, most cases settle well before they get to trial.
How to Prevent Future Audits
Once your audit is resolved, the last thing you want is another one. Here’s what we recommend to minimize your risk:
- Keep meticulous records — especially for deductions and business expenses
- Report all income — even if you didn’t receive a 1099
- File on time, every time
- Use actual calculated figures rather than round numbers — while not a major audit trigger on its own, it’s a best practice that signals accuracy in your records
- Work with a qualified tax professional who understands your situation
- Consider a proactive tax strategy engagement to optimize your structure and reduce risk
Want to make sure this doesn’t happen again? After resolving your audit, we can help restructure your taxes to minimize future risk. It’s the other side of what we do — and it’s just as important as the defense. Learn about our tax strategies →
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Frequently Asked Questions
California FTB Audit Strategy
How long does the FTB have to audit my California tax return?
The FTB generally has four years from the date you filed (or the original due date, whichever is later) to initiate an audit. If you underreported gross income by more than 25%, the statute extends to six years. If you filed a fraudulent return or never filed at all, there is no time limit. We always verify the statute of limitations as a first step in any FTB defense engagement.
What triggers an FTB audit?
Common triggers include IRS audit results (the FTB automatically receives federal adjustment reports), residency changes, large deductions or losses, significant discrepancies between federal and state returns, and participation in abusive tax shelters. The FTB also targets high-income earners and individuals with complex multi-state filing obligations.
Can I appeal an FTB audit assessment?
Yes. After receiving a Notice of Proposed Assessment, you have 60 days to file a written protest with the FTB. If the protest is denied, you can appeal to the California Office of Tax Appeals (OTA), which is an independent body. You may also pay the tax and file a claim for refund, then sue in Superior Court if the claim is denied. We guide clients through the most strategic appeal path for their situation.
Will an FTB audit also trigger an IRS audit?
It can. California is required to share audit adjustment information with the IRS, and the IRS frequently uses state audit results to open its own examination. This is one reason why having coordinated federal and state representation is critical. We manage both sides simultaneously to prevent an FTB resolution from creating a larger federal problem.
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