How You Will Be Notified
If you are selected for an audit, the Department will send you a letter notifying you of the audit. The letter will tell you:
- What kind of audit will be performed,
- The audit period,
- And what documents to collect for review or provide information about a tax return it’s believed you need to file.
The letter may also ask you to either confirm an appointment with an examiner, or to set up an appointment. Please respond promptly.
What to Expect During the Audit
The Tax Department conducts two types of audits: Desk Audits and Field Audits.
If your audit is conducted by one of our field auditors, the auditor will usually make an appointment to come on-site for review of operations and accounting procedures. During this initial meeting the auditor will also discuss the audit process, timelines, and test periods.
The auditor will review your financial records such as the chart of accounts, general ledger, cash receipts, disbursements, and the supporting detail for returns filed. In some situations, we may also look at tax returns journals, payroll registers, payroll forms, cash register tapes, merchant credit card statements, and bank statements.
For audits being conducted from our Montpelier office, the audit often starts with a letter detailing the issue being reviewed and the records needed to resolve what appears to be a potential discrepancy or the need to file a tax return. These audits are typically handled with the exchange of information happening either by mail or electronically. However, in some cases you may be asked to meet with a desk auditor in Montpelier.
During an audit it is not unusual for issues to come up. It is expected that all issues will be discussed as they arise. Factual issues should be resolved during the course of the audit, whereas legal differences may need to be resolved through an appeal process if the taxpayer disagrees or is not satisfied with the Department’s explanation.
Prior to concluding an audit, the Department will usually provide notice of any issues discovered during the audit. This notice will include the issues discovered during the audit and any associated amounts due. There is an expectation that the Department representative will work with the taxpayer to resolve any outstanding questions or concerns. Any amounts (issues) unresolved will be assessed, which the taxpayer can appeal.
Your Audit Has Been Completed, Now What?
At the end of the audit, you will be mailed an assessment. You will also receive an explanation of your right to appeal the assessment. You have sixty (60) days to appeal.
If you agree:
- Pay the full amount (current payment options will be included with the bill) or
- Contact our collections unit to arrange a payment plan.
If you do not agree:
- You can appeal the findings before the sixty (60) days is up. An appeal can be addressed in multiple ways. You can work with the auditor and their supervisor to handle any outstanding factual issues and discuss points of law. This might include a conference with the supervisor, audit manager, or division director. If the appeal cannot be resolved, it will be referred for a formal hearing which results in a determination from the Commissioner of Taxes. This process can take a year or longer.
Following the hearing the Department sends a copy of the Commissioner's Determination and instructions on how to appeal. If you don't agree with the Commissioner’s findings, you have thirty (30) days to appeal to Superior Court. Most cases are resolved long before Superior Court comes into the picture.
Throughout the audit and appeal process, you have the right to be treated respectfully and receive timely responses to inquiries. If you feel at any point that you are not being treated respectfully or receiving timely responses to inquiries, you should contact the Department and ask to speak to an audit supervisor.
If you feel that the supervisor has not adequately addressed your concern, you may contact the Taxpayer Advocate for assistance.
Review our frequently asked questions to learn more.