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Calif BOE asking for info about a tenant

 

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Subject Author Date
Calif BOE asking for info about a tenant Gil Faver 10-02-2008
Posted by Gil Faver on October 2, 2008, 8:56 pm
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Under what typical circumstances would the California Board of Equalization
(the sales tax people; I don't know what else they do) ask a landlord for
detailed information about a retail business which is a tenant? The
landlord has no dealings with the BOE, so this is clearly the BOE
investigating the tenant for something.

They are asking for copies of leases, payment history, copies of rent
checks, who made the payments, contact information, etc.

My guess is they are going after his failure to pay his sales tax returns,
but I don't see the relevance (except in a very general way) of the
requested information to this possibility.

This group has vast knowledge, so I thought I would ask.

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Posted by Phil Marti on October 3, 2008, 8:20 am
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"Gil Faver" wrote:

> Under what typical circumstances would the California Board of
> Equalization (the sales tax people; I don't know what else they do) ask a
> landlord for detailed information about a retail business which is a
> tenant? The landlord has no dealings with the BOE, so this is clearly the
> BOE investigating the tenant for something.
>
> They are asking for copies of leases, payment history, copies of rent
> checks, who made the payments, contact information, etc.
>
> My guess is they are going after his failure to pay his sales tax returns,
> but I don't see the relevance (except in a very general way) of the
> requested information to this possibility.

My experience is from the assessed but unpaid side, and there's a lot of
information there about possible collection sources as well as who in the
business might have personal liability (if the business is a corp that can't
pay).
--
Phil Marti
Clarksburg, MD

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

Posted by D. Stussy on October 3, 2008, 1:00 pm
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> Under what typical circumstances would the California Board of
Equalization
> (the sales tax people; I don't know what else they do) ask a landlord for
> detailed information about a retail business which is a tenant? The
> landlord has no dealings with the BOE, so this is clearly the BOE
> investigating the tenant for something.
>
> They are asking for copies of leases, payment history, copies of rent
> checks, who made the payments, contact information, etc.
>
> My guess is they are going after his failure to pay his sales tax returns,
> but I don't see the relevance (except in a very general way) of the
> requested information to this possibility.
>
> This group has vast knowledge, so I thought I would ask.

By asking for proof of business expenses, they are trying to establish a
minimum level of gross receipts (assuming that none of the expenses were
paid from savings or prior year's/s' retained earnings) on which to base
gross sales and therefore impose the tax (also assuming that 100% of the
transactions are sales/use taxable).

--
<< ------------------------------------------------------- >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2007) - All rights reserved. >>
<< ------------------------------------------------------- >>

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