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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:

  • Unemployment Insurance (UI)

  • Employment Training Tax (ETT)

  • State Disability Insurance (SDI)

  • Personal Income Tax (PIT) withholding

What Triggers an EDD Audit?

  • Random selection

  • Mismatch between IRS and EDD filings (e.g., 1099 vs. W-2)

  • Independent contractor reporting (Form DE 542)

  • EDD receiving a claim for UI or SDI from a worker treated as an independent contractor

  • Late or missing payroll tax filings

  • Tips, referrals, or whistleblower reports

Scope of an EDD Audit

The audit typically covers:

  • The last three calendar years

  • All payments to workers and service providers

  • Whether workers were properly classified as employees or independent contractors

  • Whether payroll taxes were correctly calculated and paid

EDD Audit Process

  1. Initial Contact

    • You’ll receive a Pre-Audit Questionnaire and a letter scheduling an audit.

  2. Document Request

    • EDD will request payroll records, wage reports (DE-9, DE-9C), 1099s, W-2s, tax returns, check registers, and general ledgers.

  3. On-Site or Remote Audit

    • An EDD auditor may visit your office or conduct the audit remotely.

    • They will examine whether:

      • All workers were properly classified

      • Wages and withholdings were properly reported

  4. Interview

    • The auditor may interview the employer and select workers or contractors.

  5. Audit Report

    • You’ll receive a Notice of Assessment if additional taxes, interest, or penalties are due.

  6. Protest & Appeal

    • You can protest the assessment within 30 days and request an appeal hearing.

Documents Commonly Requested

  • Payroll journals

  • Time cards and wage records

  • Bank statements

  • DE-9, DE-9C, W-2s, and 1099s

  • General ledger and disbursement journals

  • Independent contractor agreements

  • IRS Forms 940, 941, 1096

Common Issues Found in EDD Audits

  • Misclassification of independent contractors as employees

  • Unreported cash payments or bonuses

  • Failure to file quarterly returns (DE-9 and DE-9C)

  • Failure to withhold PIT

  • Late or missing DE 542 filings (contractor reporting)

Best Practices to Prepare

  • Review and confirm worker classification (use IRS/EDD guidelines)

  • File all payroll forms timely (DE-9, DE-9C, W-2, 1099)

  • Keep payroll records for at least 4 years

  • Document independent contractor relationships clearly

  • Respond to auditor inquiries respectfully and timely

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DWC Accountancy Corp.

3600 Wilshire Blvd, Suite 2220

Los Angeles, CA 90010

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© 2025 by DWC Accountancy Corp., Dongwan Chong, CPA, JD.

 

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