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The Government's Secret War Against Small Business

Posted: 02/ 7/2012 11:02 am

Election season or not, you can always depend on politicians to talk about how important small businesses are to the economy. Ironically, it's these same politicians who often pass legislation that makes it harder and more costly to do business. In New York, for example, businesses are scrambling to comply with the Wage Theft Prevention Act (for more on this insane burden on businesses see this recent article). But what I am about to tell you is despicable because it is hurting small businesses without passing a single law. And it isn't getting media attention either.

Over the past four months, several CPAs have told me (without mentioning names) about their clients going through tax audits. Now tax audits are nothing new and they should have the legitimate purpose of finding omissions, mistakes or fraud by taxpayers; however, these CPAs have told me auditors are not just looking for fraud and mistakes. They are looking for revenue. That revenue will come in the form of fees paid by honest taxpayers who have already paid all taxes that are due.

I am a former CPA and had the experience of assisting some of my clients through the audit process in the early-to-mid-90s. Sure, I saw plenty of auditors that made our lives miserable because they didn't know accounting or tax laws (which resulted in more professional fees for my client while we educated the auditor). I remember only one instance when an auditor hinted that they were looking for a particular dollar amount in the form of taxes, interest and penalties to make the case go away. Auditors know that the process of being audited costs the taxpayers fees from accountants and sometimes attorneys. And they know that ultimately, a taxpayer has to make a decision by weighing a tax assessment against the cost of professional fees, time and aggravation.

The CPAs I spoke with tell me that this is now the norm and it is much worse than it was several years ago. And, I am told, this is not just an IRS issue. The state tax auditors (with New York mentioned in particular), I am told, are equally as abusive.

What does this surge in incidents really mean? These are not just rogue auditors on a power trip. They are being told to shake down taxpayers to generate revenue. My feeling is they are being told to do so by the same people who are always citing the virtues of small business. Big businesses have internal "tax controversies" specialists who can fight unjustified assessments. Small businesses often have no choice but to pay as the cost of fighting, together with the uncertainty of the outcome, is prohibitive. To government, small businesses are an easy target for revenue because of the cost of fighting back.

 

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Election season or not, you can always depend on politicians to talk about how important small businesses are to the economy. Ironically, it's these same politicians who often pass legislation that ma...
Election season or not, you can always depend on politicians to talk about how important small businesses are to the economy. Ironically, it's these same politicians who often pass legislation that ma...
 
 
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HUFFPOST SUPER USER
1worldaddy
family man w/3 daughters
05:50 AM on 02/15/2012
Should the auditor have a God complex you can just close the company doors. You will pay all you have and you are broke and DONE. Then you sell all of your possessions and enjoy the satisfaction of your contribution toward covering the tax bill that GE, Exxon, BP, Google and many others did NOT pay. For those who pay taxes on time and don't lie too much on their returns, the war machine thanks you.
08:59 PM on 02/09/2012
Who's stealing candy from babies? Always been this way, nothing new.
05:59 PM on 02/08/2012
Many still argue that OWS protesters are crazy and or full of it -- this due mostly to a lack of a solid plan and weak organizational agreement on a single valid issue -- and others 1%ers refuse to acknowledge or validate OWS'ers are in a form of denial; that this just does not reflect their values or concerns. As more of this wild west madness continues, you'd better begin to acknowledge that this whole fiasco affects all of us 1%'ers in one way or another.

It is nearly impossible for an individual to fight against corrupt and powerful forces. But don't be fooled into too much bipartisanship and divided opposition among the many hot topic headliners of today. We may not agree which political candidate to choose, nor agree which measures are best -- this is really what is dividing our numbers today -- our strength in numbers are diminishing quickly.

To the power elite, they say, divide and conquer, and let the spoils go to the victor. So, the middle class become the slaves to corporate America, and the less fortunate, as Ronmey put it, the poor have safety nets in place to take care of them...(implying) until they die in the streets, homeless, from starvation.

Under the U.S. Department of State, under small businesses, "99 percent of all independent enterprises in the country employ fewer than 500 people..."

Small Business in the United States Retrieve February 8, 2012 From
http://economics.about.com/od/smallbigbusiness/a/us_business.htm
nothingchanges
too soon old, too late smart
11:41 PM on 02/07/2012
IMPO..............All governments share one "dirty little secret".

Always go after the weakest segments of any society, the ones that can't fight back.

That's why the 1% are getting stronger, and the rest of us are paying for it.

"Too Big to Fail" is a lie.

"Too much power (money, and corruption) to regulate", would be far closer to the truth.
08:57 PM on 02/09/2012
nice!
04:44 PM on 02/07/2012
thank you for adressing this! audits are just part of the problem. many govt agencies target small business to extract extra fees and revenue through scare tactics ... and yes, it is a lot like a mob shake down. i know this from personal experience with the dept of health. in 2.5 years working for a major food service establishment in NYC the health department did not do even one inspection, although this establishment is clearly in violation of the law, from not posting sanitation grades in the window as is required in NYC, to opperating with critical sanitation violations in the kitchen. after working 2 months at another small business food service establishment, the health department inspected us 3 times and brought false and outrageous claims and fines against us. I fought these claims on behalf of the company, and they were removed from our record, though we did have to pay a small portion of the fines. an attorney might have been able to plead our case better, but an attorney probaly would have been more expensive than the fines themselves.

by the way, people stay in NYC because it is the best, most interesting, motivating, challenging, beautiful, awesomest city in the world!!! if they leave, New Yorkers usually return, and judging from our growing population of transplants, i'd say the rest of the world understands that NYC is the best city in the world as well.
01:08 AM on 02/13/2012
"by the way, people stay in NYC because it is the best, most interestin­g, motivating­, challengin­g, beautiful, awesomest city in the world!!!"
Unless your poor and black, Then you get frisked every time u leave your apartment.
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HUFFPOST SUPER USER
DevonTexas
Eternal Optimism
03:44 PM on 02/07/2012
proof positive that it's much easier to steal candy from a baby.
03:21 PM on 02/07/2012
Shaking down businesses on auditing issues is nothing new. We have hard working auditors trying to bring in revenue, but not so much that the victim decides to hires lawyers and CPAs to fight it. I used to have a problem with auditors coming over every 3 months or so. I just gave them the books and let them do the work, and leave with the tax, the fees, the interest and the penalties. I saved three day's poring over the paperwork and the auditor left with his $30 check He spent the whole day for $30? Yes. There another side to this shake down business: you can use their system against them, but your books have to be perfectly correct.
03:14 PM on 02/07/2012
Let me guess....New York? California?

And these states are wondering why everyone is leaving. I'm wondering why anyone who is not a welfare recipient is staying.
02:19 PM on 02/07/2012
For a small business an audit can be a killer. Ties up the principal wage earner of the business, the owner and that slows income and puts pressure on the other employees. Small businesses can not afford accountants who spend hours preparing tax returns and can testify to their correctness. As in many cases the owner collects the data and turns it over for tax preparation. Some do their own taxes.

We all know what an audit is about. Some here scoof at the idea that an audit is a problem. It is and in some cases if the business tripled their tax payment it would not amount to enough to pay the salary of the auditor.
HUFFPOST SUPER USER
Youcantstandthetruth
02:06 PM on 02/07/2012
The author wrote; "That revenue will come in the form of fees paid by honest taxpayers who have already paid all taxes that are due." This statement makes no sense. If the honest taxpayer had already paid all taxes due, what additional revenue/fees is there to collect? What are the tax auditors supposedly doing, telling the taxpayers they know no additional taxes are owed but the government is going to charge you some fees anyway? Is it possible there might be a few rogue agents out there trying to shake people down but that is not what is proposed. He suggests some vast conspiracy more reminiscent of a gambino family shakedown just sound preposterous to me. I remember when I was audited, I got more money back.
06:27 PM on 02/07/2012
It is unfortunate you are unable to grasp reality. Yes, my experience with California Sales Tax auditors-we ran retail store and wholesale - auditor claimed we "should have known" our customers were lying and not reselingl the product. He could not explain how we were supposed to know this. This was in an industry with average transaction below $500 and average gross margin (NOT profit!!) of 8% - 12% . . . In some cases the sales tax was more than the markup on the transaction . . . There was not a single transaction found where we had not done all paperwork lawfully . He said he'd spent almost three days there and couldn't go back without something so he'd stay there, keep looking and taking our time. . . . so he found a $2,000 invoice that was legally marked for resale and told us to pay the tax and interest (we told him we wouldn not pay "the penalty"). He went away gleefully taking our check for a few hundred dollars. You may chose not to believe what happens in the real world - but it doesn't change the facts. My greatest joy was when we sold the business (it cost 30+ people their jobs as the buyer refused to have their HQ in California) and I moved out of state . . . I salute anyone who invests their own money to be an employer in California.
HUFFPOST SUPER USER
Youcantstandthetruth
04:17 PM on 02/08/2012
The auditor found you were in error, and collected the tax due. It is a good business practice to keep accurate records.
So, who exactly is unable to grasp reality? Let us look at what you said to see if it is "truthful". What is the sales tax rate in California? According to you, he left with a check for sales tax of a few hundred dollars, on $2000.00 in sales? At todays Calif. sales tax rate, the check would not of been for a "few hundred dollars", but for $150.00. When you exaggerate in one area, it tends to put in question everything you said. I share my experience with an audit, which for me was positive, I am unable to grasp reality; but you make up some exaggerated number but are firmly entrenched in reality.
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bbrown37
Wherever you go, there you are
10:16 AM on 02/08/2012
It shouldn't shock that that our government is only a degree better than governments of the past that used taxation in irregular ways to remedy funding shortages. The difference is our government is one with representation and that makes it a "bend the rules don't break them" scenario.

The tax code is sufficiently complex that individuals and businesses with intricate filings often resort to professional assistance to do so. That gap in understanding can be easily exploited by a money-hungry beauracratic structure that expends notable funds pursuing POTENTIAL innacuracies.

Like you said, you were audited and got additional money. That audit process still cost the IRS. Somewhere in the cubicle hive of the IRS hierarchy there is a slow-but-business-savvy management member (more likely several) that puts results-driven criteria on the auditors that can result in pressuring some auditors to go "rogue" to pad their personal performance to levels that avoid corrective action from their superiors.

Said superiors never intended auditors to do these things (at least not officially), but giving them in essence a sales-goal-like number to achieve results in cutting corners. These unintended consequences happen all over the business world when pressure from the top is applied to exhort greater productivity.
01:31 PM on 02/07/2012
Looking for unreported taxable revenues in a tax audit = Secret War???
That is the main reason to have tax audits: to discourage people from hiding revenues!
And if you overpaid, like I did, you get a refeund.
This persistant paranoia seems to be designed to create a lot of confusion and doubt. Who benefits from confusion and doubt? People and organizations who don't want to or can't afford to operate out of the shadows. Now that is healthy paranoia!
01:27 PM on 02/07/2012
Looking for unreported taxable income in a tax audit = Secret War???
That is the main reason to have tax audits! If the business person has overpaid then they get a refund as happened to me.
This rampant paranoia seems to be designed to create a lot of confusion. Who benefits from confusion? People and organizations who truly want to operate in the shadows. Now that is healthy paranoia.
12:53 PM on 02/07/2012
FROM FIRST HAND EXPERIENCE I AM 100% IN AGREEMENT WITH THIS ARTICLE.
frank1946
Tell the Truth
11:37 AM on 02/07/2012
Federal, State and Local Governments need Revenue to pay for the Promises, Promises, Promises !

If you cannot raise Taxes then collect Fines, Penalties and Late Charges.

Government has planted the seeds of a meltdown in income and tax revenue ?