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Tax & Customs

Sales Tax Audit

The auditor from the New York State Department of Taxation and Finance wants your sales records, your purchase invoices, and your exemption certificates for a long stretch of time. Small gaps in old paperwork suddenly matter a lot.

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01 GUIDE

Sales Tax Audit: what usually happens

How the audit usually works

New York sales tax audits commonly cover several years at once, and auditors frequently test a sample period and project the results across the full audit period. When records are incomplete, they may estimate sales using indirect methods, such as comparing purchases to typical markups or observing the business in operation. Those estimates can be challenged, but the strongest response is usually better records. Sales tax is collected on behalf of the state, so owners, officers, and some employees with responsibility can be held personally liable for unpaid amounts. Businesses selling into other states may also face audits there, since remote sellers can owe collection duties without a physical presence.

Records that change the result

Gather sales journals, point-of-sale reports, bank deposits, purchase invoices, and copies of filed sales tax returns for the period. Exemption and resale certificates are especially important: a sale treated as exempt without a valid certificate on file is often assessed as taxable. Whether certificates obtained after the fact will be accepted depends on rules worth checking early in the audit. If you agree to a sampling method or a test period, that agreement can drive the outcome, so ask before signing. Keep a log of what you give the auditor and when, with your representative's help.

After the auditor's findings

At the end of the audit you will usually see proposed findings and then, if not resolved, a formal notice of determination. New York offers a conciliation conference and a petition to the Division of Tax Appeals, both with strict deadlines that run from the date of the notice. Payment plans exist if part of the assessment is agreed. In a first conversation we review the audit scope and the method the auditor is using, look at personal liability questions for owners and officers, and decide which issues to contest before findings are finalized.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

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Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

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06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

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(855) 529-7557

Washington, D.C.

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(424) 561-7557

Attorney Advertising. This page is general information about sales tax audit and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.