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LOUISIANA DEPT OF REVENUE “FIELD AUDIT DIVISION” 2015 LDR/TAX PRACTIONERS WORKSHOP Joseph Vaughn, Asst. Secretary, Group III Debbie Jenkins, Group III.

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Presentation on theme: "LOUISIANA DEPT OF REVENUE “FIELD AUDIT DIVISION” 2015 LDR/TAX PRACTIONERS WORKSHOP Joseph Vaughn, Asst. Secretary, Group III Debbie Jenkins, Group III."— Presentation transcript:

1 LOUISIANA DEPT OF REVENUE “FIELD AUDIT DIVISION” 2015 LDR/TAX PRACTIONERS WORKSHOP Joseph Vaughn, Asst. Secretary, Group III Debbie Jenkins, Group III Executive Assistant Cynthia Pugh, Director – Audit Intelligence Team Darlene Allen, Director – FA Sales Tax Division Kevin Richard, Director – FA Income Tax Division Clarence Lymon, Director – FA Excise Tax Division Jay Frost, Director – Audit Review & Appeals Division

2 WHAT WE WILL DISCUSS TODAY Field Audit case, production and collection stats; Staff Count, locations Use of Contract Auditors – stats Voluntary Disclosure Program

3 LDR ORGANIZATIONAL CHART

4 AUDIT STATISTICS SUMMARY OF FIELD AUDIT SERVICES ROI/PRODUCTION CALCULATIONS AVERAGE PRODUCTION DISCOVERED PER $1 INCURRED FOR PERIODS FYE 2009 - 2013 PERIODTOTAL AVERAGE FIELD AUDIT FYEPRODUCTIONEXPENSESRETURN ON EXPENSE $ PRODUCED PER $1 FYE 6/30/2009 $ 578,998,718.00 $ 32,897,800.58 $ 17.60 FYE 6/30/2010 $ 821,338,497.00 $ 31,086,529.19 $ 26.42 FYE 6/30/2011 $ 403,139,043.00 $ 30,085,979.28 $ 13.40 FYE 6/30/2012 $ 465,245,607.00 $ 30,085,979.28 $ 15.46 FYE 6/30/2013 $ 306,631,891.00 $ 32,663,556.09 $ 9.39 TOTAL $ 2,575,353,756.00 $ 156,819,844.42 $ 16.42 Removing outlyer years 2010 and 2013 $ 1,447,383,368.00 $ 93,069,759.14 $ 15.55

5 AUDIT STATISTICS CONT.

6 The last five (2009 – 2013) years of Field Audit compliance activity has generated the following findings: –FIELD AUDIT Number of field audits performed = 11,270; Total Collections = $1,210,897,442.33 ROE = $7.72 collected for each $1 spent. FYE 2014: –Audit discoveries = $435,178,610.02 –Audit Collections = $363,189,599.30

7 AUDIT STATISTICS CONT. Summary of Completed Field Audits * Fiscal Years 2010 - 2014 #%AVG Days BCorporateCorporation Income & Franchise2,58325.52%223.97 ExciseExcise - Alcohol10.01%780.00 Excise - Beer20.02%219.00 Excise - HZ Waste10.01%39.00 Excise - Insp/Supv140.14%164.93 Excise - Tobacco270.27%137.74 Excise - Trans/Comm80.08%96.00 Fuel TaxFT-Distrib/Export/Blender10.01%42.00 FT-Supplier120.12%125.92 IFTA 3143.10%83.32 OtherAudit - Motor Vehicle Sales60.06%54.33 Audit - Natural Gas Franchise130.13%194.00 SalesAutomobile Rental270.27%73.26 New Orleans Exhibition Hall1471.45%109.23 NO Hotel/Motel (4 col)400.40%240.18 Sales6,23561.61%150.64 Sales Prepaid Cell Phone110.11%50.09 Statewide Hotel/Motel920.91%146.99 SeveranceSeverance - Gas370.37%194.97 Severance - Minerals20.02%119.50 Severance - Oil820.81%265.76 Severance - Timber20.02%41.50 Withholding 1691.67%112.01 Total9,82697.09% IInd. IncomeIndividual Income2912.88%34.26 Individual Income - Composite30.03%128.33 Total2942.91% Total10,120100.00%

8 AUDIT STATISTICS CONT. YearAvg.# Agents$Collections 6/30/94120.5$ 70,269,067 6/30/95115.5$ 78,095,214 6/30/96129.2$ 67,284,739 6/30/97124.6$ 67,272,493 6/30/98125.8$ 71,141,837 6/30/99119.4$ 63,941,094 6/30/00117.6$ 96,637,553 6/30/01110.4$ 72,707,711 6/30/02106.9$235,214,946 6/30/03108.5$101,416,212 6/30/04109.4$104,382,695 6/30/05104.5$106,217,649 6.30/06 100.8$131,476,864 6/30/07 99.2$138,741,335 6/30/08 99.9$193,310,523 6/30/09 99.6$174,683,043 6/30/10 99.8$640,855,805 6/30/11103$178,370,973 6/30/12104.4$117,868,693 6/30/13101.2$ 99,118,928 6/30/14104$363,189,589.30

9 AUDIT STATISTICS CONCLUSION FY Ending 6/30/15 – YTD thru 12/31/2014 –Audits Completed: 817.0 –Audit Production: $154,385,219.57 –Audit Collections: $80,877,096.89

10 FIELD AUDIT DIVISION REORGANIZATION Field Audit Operations were generally managed by one Director level manager; –Managed all headquarters and district field audit operations, as well as Audit Review and administrative staff. Field Audit Operations were structured by geographic areas –Each geographic area was managed by an Audit Manager and Supervisors

11 FIELD AUDIT DIVISION PRE- REORGANIZATIONS CONT. Field Auditors covered these geographic areas, and approached audits in “audit the taxpayer and not just the tax”. –Auditors are cross trained to have at least a minimum amount of training experience in all tax types.

12 FIELD AUDIT DIVISION PRE- REORGANIZATIONS CONT. The result of this structure was: –One Director level manager responsible for the activities of 120 FAS staff; –Audit Management and staff that had to stretch their activities across all tax types; –A very narrow and deep structure that stretched our Field Audit staff that may be beyond their level of expertise. –A “reactive” more than a “proactive” audit program.

13 COMPLIANCE DIVISION REORGANIZATIONS CONT. The Decision was made by the LDR Executive Team to re- organize both Divisions by “tax type”.

14 FIELD AUDIT DIVISION NEW STRUCTURE

15 FIELD AUDIT DIVISION POST- REORGANIZATION CONT. Expected Results: –Director level emphasis on audit operations by specific tax type; –Flatter organizational structure; –Will allow Directors, Supervisors and managers to concentrate on one or two specific tax types resulting in subject matter experts with a deeper understanding of tax law and theory;

16 INCREASING COMPLIANCE STAFF Approximately 48 positions have been added to the Compliance Divisions of LDR including –Field Auditors, Field Audit Supervisors, and Revenue tax Auditor Specialists; –Compliance staff will be added in-state in areas of perceived need, based on current staffing levels and areas of dense business activities; –Compliance staff will be added to out of state metropolitan areas where the Department has historically sent multiple Field Audit trips.

17 INCREASING COMPLIANCE STAFF For a total cost of about $90K, it is estimated that for each new revenue auditor position created and filled the Department would see an increase collections, on average, by $200,000 in the first full year of employment, $450,000 in the second year of employment and $750,000 in the third year of employment. –Does not take into consideration collections from the resulting voluntary compliance.

18 INCREASING COMPLIANCE STAFF We have a perpetual posting on the Civil Service website nor for these auditor positions. We feel that the practioner community has many qualified candidates for these positions available. If you or any of your colleagues are interested, please contact us. COME TO THE DARK SIDE!

19 INCREASING COMPLIANCE FIELD AUDIT INCOME TAX DIVISION CIFT / PIT Compliance Division Revenue Tax Director - Kevin Richard Assistant Director - Alex Folz Assistant Director - Susan Oliver Admin Assistant 5 - Annette Jenkins Vacant - Houston - SupervisorKrystal Bolton - Houston - Supervisor LaVette Clark HoustonBrittany Ambrose Houston Gabrielle Hearon HoustonMonica Jordan Houston Matthew Tran HoustonArthur Metoyer, Jr. Houston Ariona Williams HoustonKendrick Smith Houston Elise Thomas-Brown - Houston - SupervisorLambrini Piskioulis - Dallas - Supervisor Carl Beverly HoustonDan Jesolva Los Angeles Merle Edwards HoustonMelissa Richardson Austin Vinitha George HoustonAnel Dorhauer Dallas Chris Thompson HoustonSusan Starnes Atlanta Loan Nguyen Shreveport Miguel Mandujano - Dallas - Supervisor Karryl Romain - Houston - SupervisorRaymond (Max) Dupree Atlanta William Beard HoustonTerry Young Dallas Romekia Lethermon HoustonLeslie Shreve Virginia Miguel Saenz Houston Desmond Chatman Dallas Lachey Thompson Houston Kent Roberts - Lafayette - SupervisorNanette Morgan - Baton Rouge - Supervisor Mitch Dronet Lafayette Kalisha Abram Baton Rouge Michael Ganier Lafayette Shirley Snowberger Monroe Laura Perkins Lafayette Wayne Lockhart - New Orleans - Supervisor Annette Broadway CovingtonBilly Pittman - Revenue Tax Auditor SpecialistHouston DeCarla Helton New OrleansMarcus Gaudet - Revenue Tax Auditor Specialist(WAE) Baton Rouge Rong Tu Ye New Orleans Tracy Smith New Orleans

20 INCREASING COMPLIANCE FIELD AUDIT SALES TAX DIVISION LGST Compliance Division Revenue Tax Director - Darlene Allen Assistant Director - Janice Cordell Assistant Director - Vendetta Lockley Assistant Director - Alex Osemwingie Admin Assistant 5 - Sam Cade Angela Chambers - Houston - SupervisorCasey Shaw - Shreveport - Supervisor Kristal Gonzales HoustonAnnette Kotynia Alexandria Mark Lankford HoustonAshley Carrington Monroe Pamela Ridley HoustonLarry Elioff Monroe Kewanna Johnson HoustonShelby Huff Shreveport Elizabeth Nornholm - Houston - SupervisorKelicia Lewis - New Orleans - Supervisor Briana Thomas Houston Javon Franklin New Orleans Rita Henry HoustonJason King New Orleans Ha Tran Houston Kevin Johnson New Orleans Yale Rideau HoustonKirsten Penn New Orleans Stacey Young HoustonMisha Williams New Orleans Noble Guillory - Houston - SupervisorLynette Richardson - New Orleans - Supervisor Christine Hoang HoustonCharles Bennett New Orleans Richard Reese HoustonKimberly Robinson Thibodeaux Miranda Tyson HoustonNadia Major New Orleans Kimberly Wood HoustonIvory Augillard Thibodeaux Quatressa Weary New Orleans Vacant - Houston - Supervisor Jewell Harris HoustonCory Landry - Lafayette - Supervisor Jordane Gunnells HoustonJeremy Gilbert Lafayette Destinee McKinney Lafayette Grogory Broussard Lafayette Thaddeus Varmall - Dallas - SupervisorJanis Carpenter Alexandria Alphonse Johnson Dallas Pam Gautreaux DallasAnn Gaines - Lafayette - Supervisor Pansy Kennedy Dallas Cristy Mumphrey Baton Rouge Tom Burke Oklahoma Chandra Labrie Lafayette Chanda Molaison Lake Charles Deborah Irvin - Dallas - SupervisorDana Doucet Lake Charles Desmond Stewart Dallas Joan Nyanchoka DallasTammy Hinds - Baton Rouge - Supervisor Marcus Davis (starts 1/20/15) DallasMelanie Bingham Baton Rouge Nicole Phillips AtlantaNeonetta Devall Baton Rouge Rosetta Futrell Baton Rouge Lakeysha Meaux - Shreveport - SupervisorTroy McGehee Baton Rouge Stacie Cowden ShreveportDeLisa Lloyd New Orleans Cynthia Noble Shreveport Donald Sweeters ShreveportRevenue Tax Auditor Specialists Brittney Sanders MonroeAnthea Jones Dallas Brandi Stafford Baton Rouge Sikandra Clark New Orleans

21 INCREASING COMPLIANCE FIELD AUDIT EXCISE TAX DIVISION Field Audit Excise Tax Division Revenue Tax Director - Clarence Lymon Revenue Tax Assistant Director - Sandra Malveaux Administrative Assistant 5 - Michelle Shaffer Sebrena Stewart Dallas Dina DeLeon - Revenue Tax Auditor Supervisor VACANT SLOT Baton Rouge George Gaiennie Houston Avra Gauthier Houston Alicia Grant Houston Dudley Washington Houston Vickey King Dallas Mark Yim Dallas Pedro Weems - Revenue Tax Auditor Supervisor Cassandra Weatherford Alexandria Ken Foster Shreveport Sheryle Cooper Baton Rouge Oneida Colleen Taule Shreveport Deirdre McDondald Baton Rouge Raven Owens Monroe Shondra Cutno - Revenue Tax Auditor Supervisor Cindy Jordan New Orleans Danny Reid Baton Rouge Joshua Coryell Baton Rouge Vicki Simmons Baton Rouge Lesia Robertson Thibodaux

22 INCREASING COMPLIANCE FIELD AUDIT INTELLIGENCE TEAM Audit Intelligence Team Revenue Tax Director - Cynthia Pugh Revenue Tax Assistant Director - Amy Landry Administrative Assistant 5 - Joyce Ringo EmployeeTitle Deborah AndersonRev Tax Aud Spec Debra GuilloryRev Tax Aud Spec Ha LouisRev Tax Aud Spec Terra TaylorRev Tax Aud Spec Pamela FairAuditor-Info Sys 3 Lynda Amond ClassWAERev Tax Spec 2 Vernita Nelson ClassWAERev Tax Spec 2 Liana Techow ClassWAERev Tax Spec 2 Barbara Davis ClassWAERev Tax Asst Dir Deborah Underwood ClassWAERev Tax Spec Supvsr

23 INCREASING COMPLIANCE FIELD AUDIT REVIEW & APPEALS DIVISION Audit Review and Appeals Division Revenue Tax Director - Jay Frost Revenue Tax Assistant Director CIFT - Leonore Heavey Revenue Tax Assistant Director-Sales Tax - vacant Employee NamePosition #Title Leonore Heavey Rev Tax Asst Dir Charlene Blanchard Rev Tax Aud Spec Alana Jackson Rev Tax Aud Spec Teshaun Phoenix Moore Rev Tax Aud Spec Lena Williams Rev Tax Aud Spec Laura Miguez Rev Tax Aud Spec Rebecca Berry Rev Tax Aud Spec Vacant Rev Tax Asst Dir Kimberly Bruscato Rev Tax Aud Spec Arthur Champ Rev Tax Aud Spec Carmoleta Chapman Rev Tax Aud Spec Mark Dwyer Rev Tax Aud Spec Patricia Porter Rev Tax Aud Spec Rickie Addison Rev Tax Aud Spec Michelle Shaffer Admin Asst 5 Lousat Dubois Admin Coord 4 Tressa Butler Admin Coord 2 VACANT Student Worker

24 CONTRACT AUDIT INITIATIVES LDR audits.4% of all registered taxpayers in Louisiana. Last year the Louisiana Department of Revenue engaged with the Rapides Parish Sales and Use Tax Office in a multi year joint endeavor for that agency to perform audits on behalf of LDR. The theory was that one auditor/agency could complete both audits with minimum disruption to the taxpayers operation.

25 CONTRACT AUDIT INITIATIVES CONT. Rapides Parish Sales Tax Office has eight auditors for one parish audit operation; the Alexandria Regional Office has two auditors to cover the ten parishes around Alexandria. (More auditors are about to be added to that area). LDR keeps complete control over what audits are performed, but it is generally taxpayers they are also auditing.

26 CONTRACT AUDIT INITIATIVES CONT. LDR is in the process of also signing agreements with St. Charles Parish and St. Mary parish. LDR also engaged two contract audit firms to perform Louisiana sales tax audits, in conjunction with local audits they are performing. –BPA Associates, and Revenue Recovery Group

27 CONTRACT AUDIT INITIATIVES CONT. All entities contracted to perform audits paid by the hours of audit services performed (no contingency agreements); All auditing entities provides a list to LDR of taxpayers they are requesting to audit; LDR retains complete control over which taxpayers are selected for audit; LDR performs all reviews of audits and assessments of liabilities.

28 CONTRACT AUDIT INITIATIVES CONT. Productive? Efficient? The three contracts have resulted in 97 audits performed; $485,158.08 in liabilities discovered and collection in progress; Total Audit Fees paid = $52,521.52 $9.24 collected for every $1 spent.

29 VOLUNTARY DISCLOSURE AGREEMENT Voluntary disclosure is the process of reporting undisclosed liabilities for any tax administered by the Louisiana Department of Revenue. Taxpayers may anonymously enter into agreements and voluntarily pay their taxes with a reduced or no penalty. In most cases, taxpayers enjoy a limited “look-back” period. The voluntary disclosure program helps coordinate the registration and payment process and provides general responses to tax related questions.

30 VOLUNTARY DISCLODURE AGREEMENT CONT. Louisiana Department of Revenue has a voluntary disclosure program for all of the taxes it administers, including (but not limited to): –Individual Income Tax –Sales and Use Tax –Corporation Income and Franchise Tax –Severance Taxes, including Oil and Gas Severance Tax –Excise Taxes

31 VOLUNTARY DISCLODURE AGREEMENT Any taxpayer who has a filing requirement for a tax administered by the Louisiana Department of Revenue, –is not currently registered with the Department for the same tax, and –has not been previously contacted by the Department concerning their filing requirement is eligible for consideration of a voluntary disclosure agreement.

32 VOLUNTARY DISCLODURE AGREEMENT CONT. A company that is currently registered with the Department may request a voluntary disclosure agreement for an entity it has acquired by purchase or merger provided the acquired company would have qualified under the conditions listed above. –Only the undisclosed taxes of the acquired company for taxes due prior to the acquisition or merger would be eligible for a voluntary disclosure agreement.

33 VOLUNTARY DISCLOSURE AGREEMENT CONT. A taxpayer who is registered but failed to file returns or who submitted returns, extensions, or payments for any tax for which the voluntary disclosure agreement (VDA) is requested is not eligible for consideration. These taxpayers must file the appropriate original or amended return(s) and pay the tax, interest, and delinquent penalty due.

34 VOLUNTARY DISCLOSURE AGREEMENT CONT. A taxpayer who has been contacted by the Department of Revenue concerning a liability or potential liability of tax for which a VDA is requested generally does not qualify. –This includes any contact made for the purpose of performing an audit of the taxpayer’s records. –Disclosures relating to delinquencies or deficiencies that are obvious and would routinely generate a billing if not otherwise self-disclosed are not eligible for consideration. –Disclosures related to the non-filing affiliates of a taxpayer who has been contacted for audit are not eligible for consideration.

35 VOLUNTARY DISCLOSURE AGREEMENT CONT. After the tax and interest liabilities have been paid for the look-back period, delinquent penalties will be waived unless the tax being disclosed has been collected but not remitted. The look-back period is the period for which prescription would not have run had returns been filed timely.

36 VOLUNTARY DISCLOSURE AGREEMENT CONT. Generally, this includes returns due during the current calendar year and the three immediately preceding calendar years. The look-back period is established when the application is received by the Department. In the case of taxes collected but not remitted, the look-back period will include all taxable periods for which there were collected but unremitted taxes.

37 VOLUNTARY DISCLOSURE AGREEMENT CONT. You may apply anonymously by completing form R-60010 (Application to Request Voluntary Disclosure Agreement), which can be found on the Department’s website.R-60010 (Application to Request Voluntary Disclosure Agreement) If it is determined that you would qualify to participate in the program based upon your responses in the application, the Department of Revenue will mail a blank Voluntary Disclosure Agreement to you or your representative.

38 VOLUNTARY DISCLOSURE AGREEMENT CONT. You may remain anonymous until after the agreement is signed by both parties. If you choose to forego anonymity and include your payment along with the voluntary disclosure application, please include your FEIN or SSN (as applicable) on your check and an application for account number (CR-1, R- 16019) to assist in properly applying the payment. Make your check payable to the Louisiana Department of Revenue.

39 VOLUNTARY DISCLOSURE AGREEMENT CONT. Mail the voluntary disclosure application to: Louisiana Department of Revenue Voluntary Disclosure Program – Field Audit Services Division PO Box 4936 Baton Rouge, Louisiana 70821-4936

40 VOLUNTARY DISCLOSURE AGREEMENT CONT. Or deliver it to: Louisiana Department of Revenue LaSalle Building Voluntary Disclosure Program – Field Audit Services Division 617 North Third St, Room 562 Baton Rouge, Louisiana 70821-5431 Applications may also be faxed to 225-219-2740 or e-mailed to vda.ldr@la.gov.vda.ldr@la.gov

41 AUDIT INITIATIVES - CONCLUSION Secretary Barfield: “Closing the “Tax Gap”, which is the difference between what taxpayers should be paying under the law and what they are paying in practice”

42 QUESTIONS?


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