State and local taxing agencies are seeking to collect more revenue and are aggressively trying to expand what constitutes nexus within their jurisdiction. However, nexus for one state may not be nexus in another. In addition, nexus requirements can be different for different taxes. For example, in California, you may have nexus for sales and use taxes and not have nexus for income taxes. Our goal is develop a plan designed to reduce or eliminate a client's nexus in high-tax states and clearly establish nexus in states with low taxes.

State taxation is not just a scaled down version of federal taxation. There are certain basic concepts of state tax law that are very different from seemingly similar federal tax concepts. Practitioners having limited knowledge of state taxation could easily make a costly mistake or omission without even realizing it. Our specialists have worked at California's Franchise Tax Board and are intimately aware of unique state taxation concepts and nuances.

In the key areas of income/franchise, sales and use, employment and property taxes, Mitchel Zuniga & Smith can provide the following multi-state services:

• Analyze multi-state tax liabilities and aggressively pursue refund opportunities
• Audit representation, tax planning strategies and tax return preparation
• Nexus reviews, answer nexus questionnaires and sourcing planning opportunities
• Exploration with taxing authorities of possible prior tax liabilities on a "no name" basis
• Negotiation of settlements, payment plans or offers-in-compromise
• Monitor latest developments regarding Internet transactions (electronic commerce) with particular emphasis on nexus and sourcing
• Intercompany transaction reviews
• Unitary, apportionment, P.L. 86-272 and Water's Edge issues

We are affiliated with State Tax Web, the Source for Multistate Tax Solutions.
 

Our specialists draw upon their IRS experience to resolve matters with the IRS quickly and efficiently. Usually, our professionals can anticipate what the IRS agent will do next - allowing our clients to better prepare for the challenges presented by an audit.

We routinely advise other tax practitioners including attorneys, CPAs, and Enrolled Agents on government audit and collection procedures. Our specialists can provide representation services directly for the client or in collaboration with the practitioner.

Before the audit begins, we'll review any audit correspondence and all tax returns filed during the years under audit and quickly determine the client's potential tax exposure. Next, our specialists will help the client prepare for the audit. It has been our experience that an organized audit defense generally leads to a quicker and more favorable resolution in favor of the client.

Once the audit begins, we'll work with the auditors. Where appropriate, we will limit the scope of the audit, coordinate the flow of documents to the auditors and determine the proper statistical sampling methods for use by state auditors. We will monitor the progress of the audit and draw upon our IRS experience and extensive research tools to resolve audit issues.

If necessary, our specialists will represent the client or aid the practitioner in appeals conferences and administrative hearings. Should it become necessary to take the client's case to tax court, we can provide quality litigation support to the law firm handling the case. We have provided critical litigation support in many cases involving tax fraud, drawing upon our experience of developing tax fraud cases for the IRS.

We are also available for review or consultation services. Our specialists can review complex and challenging issues such as international tax issues or collection procedures. Based on our experience and research, we can develop a course of action and provide a level of comfort to the client and/or the practitioner.

The audit is over, a bill for additional taxes is received and the client can pay the balance due in full - great! But if they can't pay, a whole new set of problems confronts them. The collection process requires a strategy different from that employed during the audit process. We can help the client or practitioner through the collection process and have experience dealing with all federal and state taxing authorities.

We'll determine if the client may qualify for a negotiated settlement, payment plan or an offer-in-compromise. If they do qualify, our specialists will work to negotiate as favorable a settlement to the client as possible.

Taxes are a big expense of doing business. To properly plan to minimize taxes before the taxable event has occurred is simply good business. Proper tax planning may reduce a client's audit exposure thereby saving the client tax representation fees otherwise incurred if the client had to defend a tax position for which poor, little or no tax planning was done.

After reviewing the client's business, we'll develop a plan to reduce the client's federal, state and foreign taxes consistent with their business goals. In order to provide the highest quality of tax planning, our specialists have access to the latest tax research. Mitchel Zuniga & Smith's tax planning services include:

• Developing tax strategies and preparation of tax returns
• Analyzing tax consequences of agreements, contracts and related transactions
• Integrated tax planning for related businesses
• Analyze impact of state and local taxes
• Structure international operations to minimize U.S. and host country taxes
• Consideration of creation of a Foreign Sales Corporation to realize tax savings
• Review transfer pricing policies and required documentation
• Review tax treaties as they apply to operations or transactions
• Evaluate foreign locations for operations and holding companies