Expert: Don Sadler - 9/13/2005

Question
What exactly are they needing from me. This is a
one man wholesale company and records have not been kept.  I have  asked them and they are not
giving me what records they will need to do this audit. We do not charge sales tax. It is all re-sale.   Thanks if you can help. Thanks for listening too.

Answer
Although you did not say so, I presume you have been contacted by the Texas Sales Tax agency (whatever their official name is) and they want to perform a sales tax audit.  If I understand correctly, yours is a wholesale business that does not collect sales tax since everything sold is for resale by some retailer.  You have asked the auditors what documentation you should provide and they have been non responsive.  Now, you want to know what to expect.

I am not a tax person but I can give you generic advice regarding being audited regardless of the reason or situation.  In your particular case, Sales tax audits are typically designed to determine if you have been appropriate collecting sales tax on your sales and turning that money over to the correct agency.

Auditing is a simple process (in theory) of comparing “what is” to “what should be”.

You can expect the auditors will want to identify “what is”. In other words, they will either want to see your sales records that show amount of sales, amount of tax collected, and who they buyer was.  They may already have a list of your sales from some other source... they may even have some reason to suspect that you are really selling retail and they are not receiving any tax revenue like they should.  I know you said you don't collect tax so they will want to know why not.  They know the law and they will expect you to also know it - you should be able to explain why you do not collect sales tax.  When you tell the auditors that you only sell wholesale, they will ask you to prove it.  You will be expected to show them that you have reseller tax numbers (or whatever Texas uses) for all your customers.  Otherwise, what proof do you have that the merchandise is being resold and not consumed by end users?

Lack of records can hurt you because the law in Texas probably requires that you maintain auditable records - especially for wholesale operations such as yours.

Generally speaking, as an “auditee” you have more control of the environment than you might imagine...

You must realize that the person auditing you is doing so for some reason.  Something is suspicious, you were chosen at random, or someone has given them a tip about you (a disgruntled employee, an unhappy customer, a competitor, a jilted lover, whoever).

If you have operated in good faith and made an effort to comply with law, there may not be any problem, they may just want to see some documented proof of your decisions regarding sales tax.  One of the key things auditors look for is “reasonableness”. In other words, even if you lack documented proof (receipts, records, etc), you may still be able to convince them of your legitimate actions provided you are reasonable in your transactions.

The audit process is generally that they will have an “Entrance conference” with you where they explain the objectives of the audit, the criteria they will use (the “what should be” as mentioned above), the time frame under audit, the expected time they will take conducting your audit, the documents you need to provide, and they should entertain any questions you might have.  You should be prepared to ask why they are auditing you, what their methodology is, how will they determine if you are in violation of law, you should insist that they validate their findings with you prior to including them in any report.  You should ask about how you will resolve any disagreements with them, what is the procedure for escalating the issues to their bosses.  You should also obtain the name and telephone of their supervisor.  It would be appropriate to call their supervisor (but not on speaker) while they sit across the desk from you.  You should verify the auditor's name, the objective of the audit, and ask the supervisor “why me?”

Know this, the person auditing you is typically under VERY GREAT pressure to produce results quickly.  That is the bad thing about being an auditor – the boss is always, ALWAYS, pushing to work faster.  Since you know this, you should use it to your advantage.  It is better for the auditor to write a clean report, let you go, and move on to the next audit than to spend too much time with you without getting results.  You can manage this by doing the following:

1) NEVER be belligerent or argumentative or uncooperative.

2) Don't be too smart – be a little dumb so they have to explain everything to you twice.

3) Always be courteous and helpful but very, very slow. Whatever they need – you are very happy to give to them but you don't have it with you (maybe it is off site and you will have to retrieve it from somewhere else)... make a note of what they need.  Make the note wrong so you will return with the wrong thing.

4) When you return with the wrong thing, make them explain everything all over again as if you don't understand. Show them the note you wrote down before to prove that you are trying your best to give them what they want but it is all so confusing.

The point is that they know that the boss will be looking at the number of hours they are spending on your case and they will soon give up – unless your tax situation is really bad or you simply got caught being dishonest and they want to go for big bucks or make an example of you.

Remember; be helpful and friendly but ever so slow, slow, slow.