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This is a question for a Lawyer specializing in California EDD regulations.
My business is a corporation in California 10 + years. It does not have permanent employees. Undertakes work on as needed basis.
I am the primary operator and the employee when work is on going. Lot of the time California EDD forms DE 9 and DE 9C quarterly reporting are filed with no payroll.
During last 6 months of 2016 and until mid Aug 2017 I was a W2 employee in another State. Residing outside of California there was a lapse in my corporation correspondence , and I missed filing 2017 Qtr 1 DE 9 and DE 9C filing. EDD had sent a reminder as well in July, but that too went unnoticed. They, on Nov. 1, 2017 mailed a Notice of Assessment
for $1,347.26 for failure to file 2017 1st Quarter forms. Their calculation is based on the payroll I reported for 1st quarter of 2016.
Quarterly reporting were properly done for all 4 quarters of 2016 and quarter 2 and 3 of 2017. In 2016 quarters 2 and 3 had no payroll.
In 2017 quarters 1 and 2 did not have payroll, numbers were zero. Note that for 2017 Qtr 1 which I failed to report had no payroll.
How must I handle the Notice Assessment ? I am willing to pay the amount demanded.
Note that this is an assessment they have made for not filing necessary papers, and this is not an employee classification issue.Thank you
Submitted: 5 months ago.Category: CA Real Estate
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Answered in 7 hours by:
11/14/2017
Lawyer: Law Educator, Esq., Attorney replied 5 months ago
Law Educator, Esq.
Category: CA Real Estate
Satisfied Customers: 123,230
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You must file a written appeal of the assessment together with proof your company was dormant during that time and a copy of your financial records showing you did no business and in fact were employed yourself with another company. If you have proof you were not operating for all that time, then you can get them to reverse their decision through your written appeal. Being out of state and working for another company is your claim for good cause for not responding or filing the reports timely.

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Ask Your Own CA Real Estate Question
Customer reply replied 5 months ago
I do not find the answer I got from the Law Educator satisfactory. To begin there is no name given, and I am not
sure if it was an Attorney that replied. That answer suggests that I file an appeal with supporting documents, but
the notice I received talks of a 'Petition' and an administrative hearing. That answer does not address the matters on penalty,
interest, timing and payment of the demand. It does not tell me what options I have and what the potential outcome
may be. I agreed to pay slightly more because I want such elaboration.
I want an answer particularly from an Attorney with solid experience with California EDD regulations.
Lawyer: Law Educator, Esq., Attorney replied 5 months ago

Thank you for your only.

First off, an appeal is filed by writing a "petition" to EDD explaining why the EDD assessment is incorrect and you need to attach proof that you actually paid what you were supposed to have paid or proof that no such payment is due. In your case, as you said above no work was being done and you actually went to work for someone else so no unemployment should have been due during time the company was closed with no employees.

Second, here is the penalty schedule for each offense and it lists the percentages: http://www.edd.ca.gov/pdf_pub_ctr/de231ep.pdf

If you are willing to pay the amount demanded, as you state above, this whole question is a moot point, because if you contact EDD, they will arrange the payment and you do not have to file any type of appeal to EDD over the assessment.

IF you are not willing to pay, you file an appeal called a "Petition for Reassessment" within 30 days of the assessment notice. If you are even one day late in filing, your appeal is considered out of time and will be denied.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: CA Real Estate
Satisfied Customers: 123,230
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