Voluntary Disclosure Agreement (VDA)
Most sales and use tax errors do not occur intentionally. Some occur from misunderstanding the law and other errors result from not even knowing that sales and use taxes apply to a transaction. There are also instances where a sales tax error is DELIBERATE or where a sales tax return is intentionally understated. The states have a system in place where an individual or a business can correct an error, REGARDLESS OF THE CAUSE, and avoid all monetary and criminal penalties. In addition, many states will waive or reduce the amount of interest that is due. All that must be done is to file corrected sales and use tax returns and pay the amounts due.
However, you can NOT simply mail corrected returns to the state and hope to get this tax, interest and penalty forgiveness. You must apply through a complicated process and obtain prior approval from the state; this approval is called a voluntary disclosure agreement (VDA).
The terms and conditions of a voluntary disclosure agreement can vary from state to state and from business to business. We will negotiate the best possible VDA on your behalf. We will look to minimize the “look-back” period. (The period which needs to be corrected.) And will try to get you the longest payment period possible for any monies due. Best of all, in most states we can negotiate your VDA for you, while you remain ANONYMOUS. When done anonymously, you can walk away from the state’s offer if you do not like it.
Note: Nothing on this website should be interpreted to be legal, tax, or accounting advice. Every business or person should obtain detailed advice as applied to a specific transaction or hypothetical fact pattern.