Tax Strategy
California Income Tax 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 Income Tax Audit Strategy
How is a California income tax audit different from an IRS audit?
California’s Franchise Tax Board (FTB) conducts its own audits independently from the IRS. The FTB often piggybacks on IRS audit results but can also initiate audits based on California-specific issues like residency disputes, state tax credits, and conformity differences between California and federal tax law. California also has different statutes of limitations and penalty structures than the IRS.
Can the FTB audit me if I moved out of California?
Yes, and this is one of the most common California audit issues. The FTB aggressively audits taxpayers who claim to have left the state, especially high-income earners. They examine factors like where you maintain your closest social and economic ties, where your spouse and children live, where you vote, and where you spend the majority of your time. Simply changing your address is not sufficient to establish a change of domicile.
What happens if I ignore an FTB audit notice?
If you fail to respond, the FTB will issue a Notice of Proposed Assessment (NPA) based solely on the information they have, which almost always results in the maximum possible tax liability plus penalties and interest. You then have only 60 days to protest the NPA before it becomes final. Acting quickly preserves your ability to present your case and negotiate a fair outcome.
Does California conform to all federal tax deductions?
No. California does not conform to several major federal provisions. For example, California does not allow the Section 199A qualified business income deduction, has different rules for depreciation (does not follow bonus depreciation), and does not conform to federal rules on Opportunity Zone deferrals. These conformity gaps often create audit exposure when taxpayers assume their California return should mirror their federal return.
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