Sales Tax (SBE)


The California State Board of Equalization (SBE) is in charge of administering sales taxes in California. Sales tax audits are uniquely different from income tax audits. They usually involve “sampling” techniques to search for supposed errors on your returns. “Sampling” is not a true science and it is not the type of accounting that most of us are used to because it involves estimates by the auditor. “Sampling” involves rough estimations of total sales and additional estimations to arrive at a “percentage of error” in your sales tax reporting. Short periods of time are reviewed by the auditor. After deciding on a deficiency in your tax reporting, numbers are extrapolated out over longer periods of time, generally three years.

If you have taxable and non-taxable sales, this “sampling” can be very problematic because a simple error by the auditor during the sampling period will be multiplied many times over as the auditor extrapolates out the proposed sales tax over several years. Additional issues typically arise in these audits because sales taxes can be calculated in a number of different ways. The same business may be subject to half a dozen or more different potential ways to calculate the tax depending on its method of sales. Professional help is often necessary in order to avoid being re-categorized by the auditor into a different category, for the sole purpose of increasing your sales tax.


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The Law Offices of Maynard & Hogan represents clients throughout Santa Clara, San Mateo, Alameda and Santa Cruz Counties.

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Founded in 1979, The Law Offices of Maynard & Hogan specializes in Tax Law and Family Law. We handle virtually every aspect of these specialty areas, and we are equally adept at negotiating settlements as succeeding at trial.

Firm Philosophy

We are committed to a strong yet realistic representation of our clients' interests using our knowledge, judgment, negotiating and counseling abilities, litigation and interpersonal skills. We typically work harder than our adversaries in order to achieve a fair and just result. We believe that these traits and the hard work associated with them are necessary to make our practice responsive to the needs of our clients and individually rewarding. Responsiveness to client needs, individual client attention and producing a high-quality work product are the cornerstones of our practice.

We believe that the firm size, while offering broad expertise, allows us to provide our clients with individual attention, and thus ensures a better working relationship and greater quality control in every matter.

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Year after year, San Jose Magazine has repeatedly named Douglas Scott Maynard and Moira A. Hogan as among the Top Attorneys in Silicon Valley. Mr. Maynard, Ms. Hogan and the firm have consistently received this honor in separate polls and queries both of opposing attorneys and of clients. These polls and queries were independently conducted by the magazine.

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