California sales and use tax refunds

CDTFA Sales Tax Refund Claims: Get Overpaid Tax Back

If your business paid more California sales or use tax than it owed, you can ask CDTFA for the difference with a claim for refund. File online, on form CDTFA-101 or by letter, stating the reasons, amount and periods. The deadline is generally the latest of three years from the return's due date or six months from the overpayment.

Sources: CDTFA Publication 117, Filing a Claim for Refund · CDTFA Publication 17, Appeals Procedures

We review your returns and records for overpaid sales and use tax, then prepare and file the claim with the support CDTFA asks for. Co-Founder Shawn Zali spent more than seven years at the CDTFA as an auditor, so he knows what documentation a claimed deduction needs.

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How we handle a refund claim

1

Free 30-minute consultation

Tell us what you think was overpaid, for which periods, and whether it came from your own returns, an audit billing or a levy. We check which periods may still be open.

2

We review your records and returns

We compare what you reported with your sales records, certificates and invoices, and we look at the same periods for anything under-reported so you know where you stand before anything is filed.

3

We prepare and file the claim

We state the reasons, amounts and periods, attach amended returns and supporting documents, and follow up with CDTFA through its review.

Our fee. Our fee for refund claims is a percentage of the refund, explained in writing before we start.

Common reasons businesses overpay sales tax

Sales for resale reported as taxable

A sale to a reseller who gave you a valid resale certificate generally isn't taxable to you. CDTFA's own example: a claim that says you didn't take a $1,550 sales for resale deduction on a return.

Tax-paid purchases resold before use

If you paid tax to a supplier on an item and resold it before using it, CDTFA allows a deduction for "Cost of Tax-Paid Purchases Resold Prior to Use."

Nontaxable labor taxed by mistake

Repair labor, and separately stated labor to install property you sold, ordinarily isn't subject to sales tax. Tax reported on those charges may be claimable.

Wrong district tax rate

Tax charged at a district rate that doesn't apply to the location can be overpaid. CDTFA gives the example of use tax paid to DMV that included a district tax for an address outside the district.

Payments on an audit billing you dispute

If the 30-day petition window has passed, you can pay the billing and file a timely claim for refund. One timely claim can cover installment payments made on the same billing.

Amounts collected by levy or lien

Payments CDTFA collected by levy or lien have their own refund deadline: three years from the date of collection.

Sources: Pub 117 and Required Information · Pub 103, Sales for Resale · Pub 73 · Pub 17

Tax you collected from customers: if you collected tax reimbursement from customers on a sale that wasn't taxable, the law says that amount must be returned to the customers, or paid to the state if it isn't (RTC §6901.5). We review this with you before filing.

Claim for refund deadlines

What was overpaidDeadline to file a claim
Tax paid with a return3 years from the due date of that return
Any overpayment6 months from the date you overpaid
A payment on a billing (determination)6 months from the date the determination became final
A payment collected by levy or lien3 years from the date of collection
Periods covered by a signed Waiver of LimitationBefore the waiver period ends

The latest applicable date is your deadline. CDTFA says that if you don't file on time, you won't receive a refund, even if you paid too much.

Sources: Pub 117 · Pub 17 · RTC §6902 · Pub 76

What happens after you file a claim

  • CDTFA acknowledges the claim by letter and may ask for more information.
  • CDTFA decides to grant the claim in full, grant it in part or deny it.
  • If granted, CDTFA issues a Notice of Refund. Any amount you owe CDTFA or other state agencies can be offset first.
  • If denied, CDTFA sends a letter with its reasons. You can request an appeals conference, but granting one for a refund claim is at CDTFA's discretion.
  • If a billing isn't paid in full, CDTFA may not act on the claim until it is.

Source: Pub 17, Appeals Procedures

What to gather for a refund claim

  • Your sales and use tax returns for the periods involved
  • Sales invoices and records for the sales you believe were nontaxable
  • Resale certificates (such as CDTFA-230) and exemption certificates from your customers
  • Purchase invoices showing tax you paid to suppliers
  • Proof of the payment you want refunded: a return payment, billing payment, or levy or lien collection
  • Any audit report, Notice of Determination or CDTFA letters
  • A breakdown of the overpayment by period, and by state, local and district tax if known

Work with a former CDTFA auditor

  • Shawn Zali, Co-Founder, former CDTFA auditor (7+ years). Shawn knows how auditors test claimed deductions, such as sales for resale and exempt sales, and what records support them. We build each claim around the documents CDTFA asks for.
  • A team of Enrolled Agents, CPAs and former state auditors, based in Irvine.
  • Raman Zoobalan, EA, Co-Founder and Partner. Over 25 years in accounting and tax resolution.
  • Proof: ★ 4.3 Google rating · 1,200+ clients helped · $68M+ recovered · BBB Accredited Business · 2021 BBB Torch Award

Tax Resolution Plus is a private firm. We work for you and deal with CDTFA as your authorized representative, not as part of the agency.

Questions about CDTFA refund claims

How long do I have to file a CDTFA claim for refund?

Generally the latest of three years from the due date of the return with the overpayment, six months from the date you overpaid, or six months from when a billing became final. For a levy or lien collection, it's three years from collection. CDTFA can't refund tax without a timely claim.

How do I file a claim for refund with the CDTFA?

File online through CDTFA's online services, on form CDTFA-101 or by letter. State the specific reasons you overpaid, the amount and the reporting periods, then sign and date it. CDTFA asks for supporting documents such as invoices, exemption certificates and amended returns.

Can I get back sales tax I collected from my customers?

If you collected tax reimbursement from customers on sales that weren't taxable, California law says that amount must be returned to the customers. If it isn't returned, it must be paid to the state. Talk with us about how this applies before you file a claim.

Can I still get a refund if I missed the 30-day petition deadline after an audit?

Yes, you may be able to. CDTFA's appeals guide says you can pay the determination and file a timely claim for refund. A claim for payments on a billing generally must be filed within six months of the date the determination became final, or six months from each payment.

What happens if the CDTFA denies my refund claim?

CDTFA sends a letter explaining why. If you disagree, you can request an appeals conference, though granting one for a refund claim is at CDTFA's discretion. If there's no conference, CDTFA sends a Notice of Denial of Claim for Refund.

Find out if you overpaid

Tell us what you paid and when. We'll check which periods may still be open for a claim.

Free 30-minute consultation. No obligation.