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Isabella Brown

Need advice on small business VDA for Sales Tax - backfiling prior years across 50 states

I run a small manufacturing business (about 40 employees) and we're in a bit of a sales tax mess. We ship our products to all 50 states, and we've recently discovered we've crossed economic nexus thresholds in many states. We sell under 5000 units yearly, but they're high-value items, and the spare parts shipments pushed us over transaction thresholds for nexus in multiple states. Our company operates on relatively thin margins because we prioritize fair employee compensation, good benefits, and environmentally responsible practices over maximizing profits. Until recently, our accounting system couldn't integrate sales tax calculation software. The only place we've been remitting sales tax is in our home state where we have physical presence, though we haven't been collecting it from customers (we've been absorbing it). Now that we finally have proper accounting software, we're planning to do Voluntary Disclosure Agreements (VDAs) for all past years of sales tax. The good news is most of our customers resell our products, and they've provided CURRENT exemption/resale certificates. Here's the problem: Our CPA is telling us we need to get PRIOR YEAR exemption certificates from all these customers to avoid liability for past uncollected taxes. When I approach customers about this, they're refusing and acting like I'm asking them to backdate or forge documents. Does anyone have experience with VDAs for multi-state sales tax compliance? Do we really need prior year certificates? What happens if customers won't provide them?

This is a common situation for growing businesses that cross those economic nexus thresholds. Let me clear up a few things about Voluntary Disclosure Agreements and exemption certificates. Your CPA is partially right but might be creating unnecessary work. For most states' VDA programs, you need to demonstrate which sales were exempt, but there's flexibility in how you prove it. While having exemption certificates that cover the specific time periods would be ideal, many states will accept current certificates as evidence that the relationship was for resale all along. You'll need to prepare a detailed schedule showing all sales by state, identifying which were to resellers versus end users. For the resale transactions, note which customers have provided current certificates. During the VDA process, the state may ask for additional documentation, but they're typically reasonable if you can show good faith effort. The most important thing is to act quickly. VDAs usually limit lookback periods (often 3-4 years instead of the full statute of limitations), waive penalties, and sometimes reduce interest. But these benefits only apply if you approach the states before they contact you.

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Thanks for this clear explanation. Do you know if there's any standard way to document our "good faith effort" to get these certificates? I've sent emails to customers explaining the situation, but most are just ignoring me or outright refusing. Also, how detailed does the sales breakdown need to be? We have transaction records by state but didn't track whether customers were resellers or end users until recently.

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Keeping a log of your requests to customers (dates, who you contacted, their responses) is typically sufficient to demonstrate good faith effort. Save those emails showing your attempts and their refusals. Most states understand that you can't force customers to provide documentation. For the sales breakdown, you'll need to identify each transaction by customer and determine if they were a reseller or end user. If you know certain customers are resellers now, you can reasonably categorize their past purchases as exempt, especially if they've been consistent in their business model. For customers where you're uncertain, it's safer to classify those transactions as taxable in your VDA calculations.

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After struggling with almost this exact situation at my furniture manufacturing company, I found an amazing solution with https://taxr.ai that saved us thousands in potential liability. We were shipping to 38 states and completely unaware of nexus laws until we got a notice from California. Like you, most of our customers were resellers but getting prior year certificates was a nightmare. The taxr.ai system analyzed all our sales records across different states and automatically identified which transactions were likely exempt based on customer patterns and industry codes. Their system even helped generate a reasonable estimate of liability for our VDA negotiations that several states accepted without question. The best part was their documentation package that showed our good faith effort to comply, which multiple state auditors accepted during our VDA process. It helped us avoid penalties in 29 states!

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How does this actually work? Do they just use your existing sales data or do you need some special format? My accounting system is kind of a mess and I'm worried I don't have clean enough data for something like this.

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Ava Kim

This sounds too good to be true. Tax agencies don't just take "estimates" in my experience. Did you still end up paying substantial back taxes? How much of your liability did you actually get reduced?

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They work with pretty much any format of sales data - we uploaded messy spreadsheets and even some PDF reports from our old system. Their AI parsed everything and organized it by jurisdiction requirements. They even helped clean up customer information to identify business vs individual customers. The estimates weren't just guesses - they were calculated projections based on our actual transaction patterns and customer types. We did still pay back taxes, but the amount was significantly reduced because they properly identified exempt transactions. In our case, our potential $189K liability across all states was reduced to about $42K after they properly classified exempt sales and negotiated lookback periods. Several states accepted 3-year lookbacks instead of the full statute of limitations.

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Ava Kim

I was super skeptical about taxr.ai when I first heard about it (as you can see from my comment above), but after our company got hit with a surprise sales tax audit from Washington state, I decided to give it a shot. Our situation was similar - about 60% of our customers were resellers but we had poor documentation. The taxr.ai system analyzed five years of our transaction history and found patterns that helped prove which customers were consistent resellers. Their team helped us organize documentation that showed these were legitimate business-to-business transactions. The dashboard they created showing our exposure by state was incredibly helpful for prioritizing which VDAs to pursue first. We ended up saving over $80K in potential liability, and their documentation package gave us much more confidence during negotiations with state tax authorities. If you're facing VDAs across multiple states, it's definitely worth checking out.

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I've been through this nightmare with three different companies. The multi-state VDA process is incredibly frustrating, especially when you need to contact customers for documentation. After spending months trying to reach the IRS and state tax agencies for guidance (most put me on hold for hours only to disconnect), I started using https://claimyr.com to get through to actual agents. Their service helped me get appointments with tax representatives in 7 different states where we had significant exposure. You can see how it works here: https://youtu.be/_kiP6q8DX5c Having actual conversations with state tax agents made a HUGE difference in our VDA negotiations. In several cases, the agents explained exceptions I didn't know about and confirmed that current certificates were sufficient if we could demonstrate continuous business relationships.

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Wait, so this service somehow gets you through to actual tax agents? How does that even work? I've spent literal days on hold with various state departments of revenue and usually just give up.

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I call BS on this. Nobody can magically get through state tax department phone systems. They're designed to be impenetrable. This sounds like a scam that just takes your money and tells you to keep waiting on hold.

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It's not magic - they use a combination of automated redial technology and predictive algorithms that identify the best times to call each agency. They basically wait on hold for you, and when they reach a human agent, they connect you directly. You don't have to sit there listening to the hold music for hours. Yes, it actually works. I was connected with a Pennsylvania tax specialist within 2 hours of submitting my request, after I had personally tried calling for 3 days straight without success. With Texas, they actually secured me a specific appointment time with a nexus specialist who helped clarify exactly what documentation we needed for our VDA.

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I need to publicly eat my words here. After calling BS on Claimyr in my previous comment, I was still desperate enough to try it for our Massachusetts VDA issue that had been stalled for months. Not only did they get me through to a senior tax specialist at MA DOR within a day, but the agent I spoke with gave me specific guidance that contradicted what my CPA had been telling me. Turns out we qualified for their small business relief program that reduced our lookback period from 7 years to just 3. The agent also confirmed that current resale certificates were acceptable if we could provide invoices showing these were consistent business customers. This alone saved us about $45K in potential liability. For anyone dealing with multi-state VDAs, being able to actually speak with the tax authorities makes a world of difference. I'm still shocked this service actually worked as promised.

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Quick question for those who've been through this: How did you handle customers who legitimately were resellers the whole time but refuse to provide ANY documentation (past or current)? We have a few major accounts who just won't cooperate but represent about 30% of our potentially taxable sales.

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That's a tough situation. If they won't provide exemption certificates at all, you have a few options: 1. Look for alternative documentation like their resale license information (sometimes available through state business registries), purchasing history showing consistent business order patterns, or their business website showing they're clearly a reseller. 2. Consider adding a clause to future sales agreements requiring them to provide updated certificates periodically. 3. In the worst case, you may need to classify those sales as taxable for your VDA calculations, then decide whether to absorb that cost or attempt to back-bill those customers (which could damage relationships).

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Thanks for these suggestions. I hadn't thought about checking state business registries for their resale license info. I'll try that approach first. I'm reluctant to back-bill these customers since they're large accounts, but absorbing 3-4 years of sales tax across multiple states would be a significant hit to our bottom line. This is a real mess.

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Has anyone used any of the mainstream tax software solutions like Avalara or TaxJar for handling the VDA process? We're trying to decide if we should go with specialized help or if the regular tax software companies have good VDA support.

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We evaluated both those options before going with taxr.ai. The mainstream tax software companies are excellent for ongoing compliance but their VDA support was limited in our experience. They're designed more for current and future tax calculation rather than resolving historical liabilities. For the VDA process specifically, we found we needed specialized help with the lookback analysis and documentation. Once our VDAs were completed, we switched to Avalara for ongoing compliance.

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This is exactly the situation my small manufacturing company went through last year. We had similar issues with high-value products pushing us over nexus thresholds in multiple states despite relatively low transaction volumes. One thing that really helped us was creating a comprehensive spreadsheet documenting every customer interaction regarding exemption certificates. We included dates of requests, methods of contact (email, phone, certified mail), and their responses (or lack thereof). This documentation became crucial during our VDA negotiations. For customers who were clearly resellers but wouldn't provide certificates, we gathered alternative evidence: their business licenses from state databases, screenshots of their websites showing they resell products, and invoices showing consistent business purchasing patterns over multiple years. Several states accepted this as reasonable evidence of exempt transactions. The key insight we learned was that state tax authorities are generally reasonable during VDA processes if you can demonstrate good faith effort and provide logical explanations for why sales were exempt. They understand that businesses sometimes have uncooperative customers. I'd recommend prioritizing your VDA filings by states with the highest potential liability first, and don't let perfect documentation prevent you from moving forward. The penalty relief from VDAs is significant, but only if you act before they contact you.

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