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Tag Archive for EDD

Why You Don’t Mess With California – A Primer On California Tax Collection Actions

California is unique in the structure of its tax system. Most States operate under a single tax agency. The Federal government uses a single tax agency called the IRS. But California has three tax agencies! They are the Franchise Tax Board (“FTB”), Board Of Equalization (“BOE”) and the Employment Development Department (“EDD”).

What does FTB cover?

The FTB administers the income tax. This tax applies not only to individuals, but also to sole proprietorships, partnerships, estates, and trusts. In addition, the income “passed through” to individuals by Subchapter S corporations and certain other entities is subject to State Personal Income Taxation. The tax is applied to all sources of income unless specifically excluded, including wages and salaries, interest, dividends, business-related Read more

Trends In Employment Law And Employment Tax

Among our business tax clients, we are seeing a rise in wage and hour litigation, either ancillary to, or independent of, their tax issues. In fact, recently I was giving a presentation to a group of business owners regarding this very issue, and one of the attendees told me that his business headquarters had been visited by the Department of Labor, Wage and Hour Division (DOL/WHD) that very day with a demand for records. What we are seeing at our law office could be coincidental; but, I believe it is the product of both an enhanced enforcement environment at both the federal and state levels, and a highly aggressive labor and employment law plaintiff’s bar. As the former Secretary of Labor, Hilda Solis, said in 2009, “Make no mistake, the DOL is back in the enforcement business.” Solis has since been replaced by Thomas E. Perez, but there is no indication that the DOL is easing its Read more

Employment Tax Petitions And Hearings Before The California Unemployment Insurance Appeals Board

1. The CUIAB

If you have received a tax assessment from the California Employment Development Department (EDD), you might be considering filing a petition to contest that assessment with the California Unemployment Insurance Appeals Board (CUIAB). The CUIAB is a quasi-judicial independent governmental agency. Like the EDD, the Board is subject to the California Unemployment Insurance Code and other relevant California law, but it is not a part of the EDD.

2. The Appeals Process

The CUIAB states the following on its own website: Read more

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