EDD Audit Procedures
in California
The California Employment Development Department (EDD) conducts audits to ensure that employers are properly reporting and paying payroll taxes, such as:
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Unemployment Insurance (UI)
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Employment Training Tax (ETT)
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State Disability Insurance (SDI)
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Personal Income Tax (PIT) withholding
What Triggers an EDD Audit?
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Random selection
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Mismatch between IRS and EDD filings (e.g., 1099 vs. W-2)
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Independent contractor reporting (Form DE 542)
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EDD receiving a claim for UI or SDI from a worker treated as an independent contractor
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Late or missing payroll tax filings
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Tips, referrals, or whistleblower reports
Scope of an EDD Audit
The audit typically covers:
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The last three calendar years
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All payments to workers and service providers
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Whether workers were properly classified as employees or independent contractors
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Whether payroll taxes were correctly calculated and paid
EDD Audit Process
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Initial Contact
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You’ll receive a Pre-Audit Questionnaire and a letter scheduling an audit.
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Document Request
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EDD will request payroll records, wage reports (DE-9, DE-9C), 1099s, W-2s, tax returns, check registers, and general ledgers.
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On-Site or Remote Audit
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An EDD auditor may visit your office or conduct the audit remotely.
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They will examine whether:
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All workers were properly classified
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Wages and withholdings were properly reported
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Interview
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The auditor may interview the employer and select workers or contractors.
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Audit Report
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You’ll receive a Notice of Assessment if additional taxes, interest, or penalties are due.
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Protest & Appeal
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You can protest the assessment within 30 days and request an appeal hearing.
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Documents Commonly Requested
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Payroll journals
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Time cards and wage records
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Bank statements
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DE-9, DE-9C, W-2s, and 1099s
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General ledger and disbursement journals
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Independent contractor agreements
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IRS Forms 940, 941, 1096
Common Issues Found in EDD Audits
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Misclassification of independent contractors as employees
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Unreported cash payments or bonuses
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Failure to file quarterly returns (DE-9 and DE-9C)
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Failure to withhold PIT
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Late or missing DE 542 filings (contractor reporting)
Best Practices to Prepare
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Review and confirm worker classification (use IRS/EDD guidelines)
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File all payroll forms timely (DE-9, DE-9C, W-2, 1099)
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Keep payroll records for at least 4 years
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Document independent contractor relationships clearly
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Respond to auditor inquiries respectfully and timely
