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Item 58 - Sales Tax & Use Tax and Transaction & Use Tax Revenue Record Examination, Auditing, Recovery and Consulting Services
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06/21/2022 Regular & Special HA
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Item 58 - Sales Tax & Use Tax and Transaction & Use Tax Revenue Record Examination, Auditing, Recovery and Consulting Services
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City Clerk
Doc Type
Agenda Packet
Agency
Clerk of the Council
Item #
58
Date
6/21/2022
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EXHIBIT A <br />SCOPE OF WORK <br />Sales & Use Tax and Transactions & Use Tax - Audit Services (SUTA) Services <br />In performing the sales, transactions and use tax audit program MuniServices shall: <br />1. Identify and correct the sales & use tax and transactions and use tax reporting errors of businesses that, based <br />on the nexus of their activities, are not properly registered with the City. <br />2. Identify and correct the reporting of businesses that are improperly reporting taxes to state and county pools <br />(i.e. classifying sales tax and/or transactions tax as use tax) and thereby depriving the City of sales tax and/or <br />transactions tax revenue. <br />3. Detect, document and correct sales & use tax and transactions & use tax reporting errors/omissions and <br />thereby generate new, previously unrealized revenue for the City. <br />4. Ensure through comprehensive audit measures that the revenue information used for ongoing economic <br />analysis includes all sales & use tax and transactions & use tax generators. <br />5. Assist the City with strategies to preserve and even enhance sales & use tax and transactions & use tax <br />revenue generated by existing businesses within the City. <br />MuniServices' proposed sales & use tax and transactions & use tax allocation audit services for the City includes five <br />distinct types of audits: <br />• Taxable Nexus Field audits <br />• Permitization audits <br />• Deficiency assessment audits <br />• Accounts payable audits <br />• Quarterly Distribution Report audits <br />Taxable Nexus Field Audits <br />MuniServices' initial and periodic taxable nexus field audits include a physical canvassing and evaluation of sales & use <br />tax and transactions & use tax generating businesses located in the City. In the absence of this undertaking, significant <br />misallocations will remain undetected. MuniServices' field audits focus on those businesses located in the City from <br />which the City has not been receiving sales & use tax and transactions & use tax revenue. <br />Permitization Audits <br />Wholesalers, contractors, processors, manufacturers and other non -retail businesses will frequently not have a sales <br />tax permit properly registered to the City in which they are located because their business operations do not include a <br />point -of -sale qualifying activity. However, these companies will often generate local sales & use tax and transactions & <br />use tax from the California Department of Tax and Fee Administration (CDTFA) audit deficiency assessments, <br />occasional sales (i.e., mergers and acquisitions), and self -accrual of use tax on purchases. MuniServices' field audits <br />facilitate the identification and correction of improperly registered permits for companies having point -of- sale operations <br />in the City. <br />Deficiency Assessment Audits <br />When the California CDTFA audits taxpayers for sales & use tax and transactions & use tax compliance, it is not <br />uncommon for the taxpayer to receive a substantial deficiency assessment due to underpayments and/or under - <br />collections. In many cases, the local allocation portion of the deficiency assessment is distributed in error to the State <br />pool, county pools, or other jurisdictions. Accordingly, MuniServices has developed proprietary criteria and techniques <br />to detect and correct CDTFA deficiency assessment misallocations and thus expand the benefits produced by <br />MuniServices' allocation audit service. <br />
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