Bulletin GEN 009, Understanding Your Consumer Taxation Branch Audit

7 pages

English

Bulletin GEN 009, Understanding Your Consumer Taxation Branch Audit

Showyeg - British Columbia Ministry Of Small Business And Revenue

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7 pages

English

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Bulletin GEN 009 ISSUED: JUNE 1997 REVISED: SEPTEMBER 2005 UPDATED: DECEMBER 2005 Understanding Your Included the Taxpayer Fairness and Service Code as part of the Consumer Taxation Branch Audit audit process. Social Service Tax Act, Hotel Room Tax Act, Motor Fuel Tax Act, Tobacco Tax Act This bulletin provides information about what to expect during an audit and will assist you in preparing for the audit. The Consumer Taxation Audit Branch conducts audits to ensure consumption taxes are collected and paid fairly and consistently throughout the province. We are committed to the service standards and code of conduct outlined in our Taxpayer Fairness and Service Code. The information in this bulletin is provided for your convenience and guidance and is not a replacement for the legislation. The relevant Acts and Regulations can be found on the web at www.gov.bc.ca/sbr What is a Notice of Assessment? In this issue… A Notice of Assessment is a letter that shows the What is an audit? amount of any unpaid tax that is assessed as a result of the audit. It also includes any penalties Why am I being audited? and interest owed at the time the Notice of What is the auditor looking for? Assessment is issued. How far back can I be audited? What happens during an audit? It is important that you note the issue date on your What happens after the audit? Notice of Assessment. This is a final notice and you are required to pay the assessed amount ...

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Publié par	Showyeg
Nombre de lectures	15
Langue	English

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Understanding Your Consumer Taxation Branch Audit Social Service Tax Act, Hotel Room Tax Act, Motor Fuel Tax Act, Tobacco Tax Act

Bulletin GEN 009

ISSUED: JUNE1997 REVISED: SEPTEMBER2005

UPDATED:DECEMBER2005 Included theTaxpayer Fairness and Service Codeas part of the audit process.

This bulletin provides information about what to expect during an audit and will assist you in preparing for the audit.The Consumer Taxation Audit Branch conducts audits to ensure consumption taxes are collected and paid fairly and consistently throughout the province.We are committed to the service standards and code of conduct outlined in ourTaxpayer Fairness and Service Code. The information in this bulletin is provided for your convenience and guidance and is not a replacement for the legislation.The relevant Acts and Regulations can be found on the web atwww.gov.bc.ca/sbr

In this issue

¾What is an audit? ¾Why am I being audited? ¾What is the auditor looking for? ¾How far back can I be audited? ¾What happens during an audit? ¾What happens after the audit? ¾Appealing your Notice of Assessment

WHATISANAUDIT? An audit is a formal examination of your business’ financial records to ensure you are collecting and remitting tax according to the law, and to identify any areas where you may be doing this incorrectly. The process begins when you are contacted by an auditor who schedules an appointment to visit your business and review your records and accounts.If you owe money as a result of the audit, aNotice of Assessmentis issued to you. The auditor safeguards and handles your records with due care and maintains the confidentiality of your information.

PO Box 9442 Stn Prov Govt Victoria BCV8W 9V4

What is aNotice of Assessment? ANotice of Assessmentis a letter that shows the amount of any unpaid tax that is assessed as a result of the audit.It also includes any penalties and interest owed at the time theNotice of Assessmentis issued. It is important that you note the issue date on your Notice of Assessmentis a final notice and. This you are required to pay the assessed amount within 15 days of the issue date.Also, if you appeal your assessment, you have a maximum of 90 days from the issue date to do so. It is best to pay the assessed amount promptly, even if you plan to appeal, because interest is charged from the issue date on yourNotice of Assessmenton any amounts you still owe following the due date.If an appeal overturns the assessment, you will be refunded the amount you have paid, with interest. Collection actions, which could include frozen accounts, liens or seizure of goods, may start at any time following the due date. More Info:Bulletin GEN 011,Collecting Unpaid Taxes.

www.gov.bc.ca/sbr

While the auditor can look at any aspect of your WHYAMI BEINGAUDITED? business, most often the auditor wants to know whether or not: Audits help to ensure that all taxpayers pay their share of taxes and to promote a level playing field you collected tax according to the law for all British Columbia businesses. you accumulated the tax you collected in a The British Columbia tax system operates on the tax account and remitted that money to the principle of voluntary compliance.Each taxpayer government on time is responsible for paying taxes on their taxable you correctly recorded registration numbers purchases, and collecting and remitting taxes on invoices or kept validCertificates of correctly and promptly. Exemptionon file when you made exempt sales If some taxpayers don’t collect and remit taxes or pay taxes on their purchases, everyone is affected.you correctly remitted tax on goods you Audits promote voluntary compliance by educating purchased or leased for your own use or taxpayers about how to calculate their taxes and by consumption, including goods purchased collecting taxes that should have been remitted or or leased from outside the province paid. More Info:Bulletin SST 043,Goods Are All Taxpayers Audited? Purchased from OutofProvince Suppliersand Bulletin SST 118,OutofProvince Purchases: Any taxpayer could be audited.This includes Goods for Personal Use individuals, manufacturers, wholesalers and retailers — large or small. HOWFARBACKCANIBEAUDITED? If your business is located outside British Columbia but you conduct business in the province, you are An audit is limited to the last three or six years, also subject to an audit. depending on the tax type and the audit focus. The time limits are as follows. Why am I Being Audited if I do not Make Taxable Retail Sales? Taxnot Taxcollected Taxnot Even though you are not a retailer, you may still be collected butnot paidon required to pay tax on the equipment, supplies or on salesremitted purchases taxable services you use to run your business. Social Service3 yrs6 yrs6 yrs Tax (PST) You may also be unaware that you make taxable sales and are required to collect tax. Hotel Room Tax3 yrs6 yrsN/A Motor Fuel Tax6 yrs6 yrs6 yrs I Have Applied for a Tax Refund. Why am I Being Audited? Tobacco Tax3 yrs6 yrs6 yrs Refund claims are examined in detail to ensure the refund is payable.An audit may be conducted at There are no time limits if you wilfully default or the same time to ensure that all taxes due to the commit fraud. province have been paid before the refund is approved. When Does the Audit Period Start? To determine when the six year audit period starts, WHATISTHEAUDITORLOOKINGthe auditor works backwards to a maximum of FOR?six years from the estimated audit completion date.Some general guidelines the auditor uses When conducting an audit, the auditor is lookingfor determining a start date are: for evidence that you have properly collected and when your business opened, if you’ve been remitted tax on your sales, and correctly paid tax on your purchases. open less than six years

Understanding Your Consumer Taxation Branch Audit

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your tax return filing frequency and when your last tax return was due if you’ve been audited by the ministry before, when that audit was completed The estimated audit period start and end dates are included in the letter the auditor sends you prior to starting the audit. Extending the Audit Period with a Waiver Even though an audit may be scheduled to, and does, begin on a certain date, the audit period can fluctuate depending on when the audit is finished. If critical information requested by the auditor is missing or incomplete, you and the auditor can agree to freeze the audit start date, which can extend the audit period. By signing a waiver to this effect, which must be approved by the commissioner of the applicable tax Act, you waive your right to the time limit and the auditor allows you more time to find the information you need.Waivers can play an important role where critical documents or staff members are unavailable. However, if the audit is delayed too long, the auditor may issue an assessment based on an estimate of the amount owed.If you appeal the estimated assessment, you will be asked to provide any missing information. Partial Assessments Partial assessments may be issued where a complex problem is revealed during an audit or where the business has multiple locations or branch offices. The partial assessment includes any amount that is owed and is not in dispute.Once the complex problem is resolved, or as each branch audit is completed, another partial assessment may be issued, if required. WHATHAPPENSDURINGANAUDIT? If you are selected for an audit, an auditor will call or write to arrange an appointment at a mutually convenient time to conduct the audit. The auditor will also tell you what records you need to make available for the audit.Please designate a contact person to be available to the auditor during

Understanding Your Consumer Taxation Branch Audit

the audit.You can be the contact person, or it can be your accountant or bookkeeper, or another knowledgeable member of your staff. Before examining your books and records, the auditor and your designated contact person review the nature of your business, accounting system and basic accounting procedures.Also discussed are the audit process and the service standards and conduct you can expect as outlined in the ministry’s Taxpayer Fairness and Service Code. A tour of the premises might be appropriate to give the auditor a better understanding of your business. What Records Should be Available? The auditor can inspect any of your records. Typically, the auditor will review: financial statements, such as your income statement and balance sheet, including any schedules of capital additions or deletions the books from which the financial statements are derived, such as a general ledger, purchase or sales journals, cash receipt or disbursement journals, or any combination source documents, such as invoices, bank statements, cancelled cheques, deposit slips and cash register tapes The auditor will make every effort to complete the audit as quickly as possible.The time spent by the auditor at your office can be minimized by ensuring that any information requested in the auditor’s letter to you is located before the audit begins. Records Stored OffSite As an audit can cover up to six years, you may have some records in storage.To avoid unnecessary expense, before retrieving your records, ask the auditor which documents will be required. Retention of Records You must retain your records for seven years. Records older than seven years may be destroyed at your discretion. Please note:exemptions for intracompany transfers of tangible personal property require original documentation that might be older than seven years.

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You need written authorization from the ministry to destroy any provincial tax related records less than seven years old. The Auditor’s Authority The auditor can examine all aspects of your business and may enter your business premises to inspect your records, business processes, and inventory and other assets. You must allow the auditor access, answer any questions and produce any records the auditor requests. Refunds of Tax Paid in Error Identifying tax that you may have paid in error is not part of the audit.However, if the auditor notices an instance where you paid tax in error, the auditor will point this out to you.You may prepare and submit a refund application to the auditor, provided the auditor is still in the review phase of the audit.The auditor may then review and process your refund application in conjunction with the audit. Ensure all supporting documentation is included with the refund application, otherwise the auditor may not be able to process the refund prior to completing the audit and you will need to submit your application to the ministry separately. If the audit results in an assessment, any allowable refund may be subtracted from the amount owed on the assessment and you pay only the difference. If the audit results in a NIL assessment (no money owing), a cheque may be issued to you for any allowable refund amount.Similarly, if an allowable refund amount is greater than an assessed amount, a cheque may be issued to you for the difference. You may also submit your refund application, together will all supporting documentation, directly to the ministry at a later date.Refunds must be claimed within six years of the date the taxes were originally paid. More Info:Bulletin GEN 008,Refunds of Overpayments of Tax WHATHAPPENSAFTERTHEAUDIT? Once the audit is complete, you may or may not owe money, depending on what the auditor finds. The auditor discusses the results with you and gives you copies of the audit working papers.

Understanding Your Consumer Taxation Branch Audit

During this discussion: the auditor explains the results of the audit the auditor reviews and explains the contents of the audit working papers if the audit results in an assessment, the auditor explains why you were assessed and how to avoid this situation in the future You have the opportunity to raise any concerns with the auditor.You might discuss any differences between the auditor’s application of the tax and your understanding of how the tax applies. Audit Acknowledgement and Proposed Audit AssessmentForm At the end of the audit, the auditor asks you or a senior representative of your company to sign the Audit Acknowledgement and Proposed Audit Assessmentform. TheAudit Acknowledgmentform states the audit was explained to you and you understand the auditor’s findings.Signing the form still allows you to request an adjustment or appeal the audit at a later date. If you sign theAudit Acknowledgementform as agreeing with the results, aNotice of Assessmentis issued shortly afterwards, if one is required. If you sign theAudit Acknowledgementform as disagreeing with the results, please provide a letter to the auditor outlining the reasons why you disagree. Theauditor’s manager reviews your objections and contacts you to discuss them.After making any changes as a result of reviewing your file and discussing your objections, the auditor’s manager sends you a written response before issuing aNotice of Assessment, if one is required. Paying Your Assessment Before the auditor leaves, you will be asked for a cheque to pay the assessment.If you cannot pay at the time, when you receive theNotice of Assessment, call the telephone number printed at the end of the notice to discuss payment options. You may wait until you receive theNotice of Assessmentbefore paying, however, it costs you less to pay the auditor what you can because interest is charged from the date on theNotice of Assessmentuntil the debt is paid in full.The due date is 15 days from the issue date.

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Any amounts paid to the auditor will be shown on theNotice of Assessment, which you will receive even if you provide full payment to the auditor. Billing Your Customers for Unpaid Tax You may recover all or part of an assessment for tax you did not collect on a sale by billing your customer for the unpaid tax. The Post Audit Letter Following the audit, if the audit results in an assessment, you will receive a letter outlining the areas where tax was not correctly applied. This letter is intended to help you avoid future assessments by summarizing the tax application errors that resulted in the assessment. What if I Find New Information? If, after the audit is complete, you discover new information that you feel may reduce an assessment, contact the auditor.The auditor will review this information and will make an adjustment if necessary.This new information is considered part of the audit, therefore, it cannot be submitted as a refund application. The Post Audit Questionnaire Following the audit, you may be selected to receive a questionnaire.The questionnaire’s purpose is to obtain feedback on the audit and the service provided by the auditor.Your responses help us determine how we can perform future audits more effectively.

References:

APPEALINGYOURNOTICEOFASSESSMENTIf you do not agree with your assessment, you have the right to appeal to the Minister of Small Business and Revenue.The ministry must physicallyreceiveyour appeal no later than 90 days after the issue date on yourNotice of Assessment. If you do not agree with the minister’s response, you have the right to appeal to the courts within 90 days of the date of the minister’s response. More Info:Bulletin GEN 003,Appeals of Tax Assessments or Disallowed RefundsRemember that you must pay theNotice of Assessmentwhen it is due.Interest accrues and collection actions may result, even if you file an appeal.

NEEDMOREINFO? This bulletin is provided for convenience and guidance.If you still have questions, call us at 604 6604524 in Vancouver or tollfree at 1 877 3884440 elsewhere in Canada or refer to the legislation. Information is also on the web at www.gov.bc.ca/sbrWhile there, you can subscribe to our free electronic update service.

Social Service Tax Act, Sections 93, 113, 115, 118 and 119;Hotel Room Tax Act, Sections 17, 18 and 19;Motor Fuel Tax Act, Sections 41, 42, 43, 46, 50 and 51; Tobacco Tax Act, Sections 21, 22, 23 and 24

Understanding Your Consumer Taxation Branch Audit

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Understanding Your Consumer Taxation Branch Audit

No Assessment:The auditor advises you of a NIL assessment (no money owing).

You sign anAudit Acknowledgementform as either agreeing or disagreeing with the audit findings.

Assessment:See next page.

2 to 3 weeks

3 to 5 days, depending on the complexity of the audit and the availability of your records

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An auditor contacts you, usually by phone. You discuss the audit process, what records are required, and arrange a mutually convenient date to begin an audit.

The audit review is complete, but the auditor could return for further information based on the audit manager’s review.The audit may or may not result in an assessment.

The auditor examines your records to make sure taxes were correctly applied, collected, reported and paid.The auditor keeps you informed of the findings and answers any questions you have.

Your initial audit meeting takes place.You discuss your business operations, your accounting system, the audit process and the Taxpayer Fairness and Service Code. You introduce the auditor to the appropriate staff.

Assessment:The auditor presents and fully explains the assessment to you.

Green boxes show approximate timelines

You receive a letter from the auditor confirming the audit start date and location, and itemizing what records are required.

TYPICALSMALLBUSINESSAUDITPROCESS

within 2 days

2 to 3 weeks

No Assessment:The auditor’s manager reviews the audit file and makes any required adjustments. Thisoccasionally results in an assessment. Theaudit file is signed off.

No Assessment:The audit is complete.

TYPICALSMALLBUSINESSAUDITPROCESS(CONTINUED)

You sign theAudit Acknowledgementform as agreeingwith the audit findings.

The auditor requests payment of the assessment before leaving.

The auditor’s manager reviews the audit file and makes any required adjustments.The audit file is signed off.

90 day maximum from the issue date on the Notice of Assessment

Timelines depend on how quickly you submit your objections

You sign theAudit Acknowledgementform as disagreeingwith the audit findings.

Provide a letter to the auditor outlining your reasons for disagreeing.

The auditor’s manager reviews your letter and contacts you to discuss your objections. You will receive a written response.

3 to 5 weeks, depending if there are any objections

If you receive aNotice of Assessment, you have the right to appeal to the Minister of Small Business and Revenue, even if you signed theAudit Acknowledgementform as agreeing with the audit findings.

If the minister’s decision is not satisfactory, you have 90 days from the date of the decision letter to further appeal to the British Columbia Supreme Court

Understanding Your Consumer Taxation Branch Audit

Typical time required to audit a small business: Approximately 8 weeks, not including the appeal process

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