Why and how we choose businesses for audits
We audit employers' records to ensure that they are accurately reporting wages and hours. Being selected for an audit does not mean you violated any laws or rules
The U.S. Department of Labor and state laws and rules require us to audit employers every year. We choose who to audit by:
- Analyzing data from multiple agencies for patterns of inconsistent reporting.
- Auditing companies in industries that have been out of compliance in the past.
- Auditing employers who transfer ownership and change the business type.
- Investigating reports of fraud submitted by citizens.
- Randomly selecting employers by computer (about 10% of all audits).
How far back we audit
We usually request 3 years' worth of records. If an auditor finds issues with your business practices, we may expand the audit.
An expanded audit allows the auditor to:
- Review records from over 3 years ago if you do not file quarterly reports on time.
- Look at more recent records.
To understand what we can audit under the law, see limitation of actions (RCW 50.24.190).
What we audit
Every audit is different, but we typically check your records, reporting and compliance.
Business records
We look at your financial, accounting and employment records required by law (RCW 50.12.070). These often include:
- Payroll, accounting and employee time records.
- Business ownership records and licenses.
- Bank records, financial statements, check registers, general ledgers, and invoices.
- State and federal tax records, including IRS Form 1099s.
- Subcontractor registration numbers, copies of contracts and invoices.
- Corporate officer opt-in forms.
We'll send you a letter explaining exactly what we need to see.
Employee reporting
We make sure you properly file your quarterly reports and correctly report employees and independent contractors.
Compliance with laws and rules
We check if you are complying with unemployment insurance laws and rules, including:
- Definitions of employment (RCW 50.04.100).
- Exception tests (RCW 50.04.140).
- Casual labor (RCW 50.04.270).
- Wages and remuneration (RCW 50.04.320).
- Employer recordkeeping requirements (RCW 50.12.070).
Issues that auditors look for
An auditor may:
- Compare your payroll and time records to the wages and hours you reported to us.
- Review your type of business to see if you're assigned the correct tax rate.
Auditors may also look for evidence of unreported:
- Employees.
- Casual labor.
- Independent contractors.
- Other workers who provide personal labor.
How to work with us during an audit
If we select you for an audit, follow these steps to help you through the process.
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Prepare for the audit
Watch the Department of Revenue's 8-minute video about how to prepare for an audit.
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Communicate with the auditor
Our auditors may contact you by phone, email or mail. They will tell you which records they need to inspect and set a date, location and time for the audit. They will also send you:
- Appointment confirmation letter.
- Pre-audit questionnaire about your business.
- Required records checklist.
These documents will have instructions about the information you need to provide and where to send it.
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Help speed up the audit
During the audit, you should:
- Respond quickly to letters, phone calls and requests for information.
- Have a representative at the audit appointment who knows your business operations and payroll records.
- Provide all books and records that the auditor requests.
- Organize the requested records so the auditor can easily identify them.
- Respond to the auditor's questions.
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Review the audit findings
After an audit, the auditor will mail you a letter explaining their findings. If they find that you owe taxes, penalties or interest, you will receive a Notice and Order of Assessment (NOA). The NOA describes what you need to pay.
To pay penalties or set up a payment plan, call 866-697-4831 or email ESCTax@esd.wa.gov.
For more information, read about what happens after an audit (PDF, 71 KB).
Common audit findings
We often discover the following issues when auditing employers.
Unregistered employers
You might have hired employees without registering an account with us. If you have employees, you need to register and report wages for unemployment taxes.
Unreported workers
You might have incorrectly identified your employees as casual, temporary labor or independent contractors. Read more about independent contractors and text a worker's status.
We refer to the following laws to determine if a worker is an employee:
- Employment exception tests (RCW 50.04.140).
- Employment exclusions (RCW 50.04.145).
- Temporary services, employee leasing, services referral, and amateur sports (RCW 50.04.245).
Under-reported hours
You might not have reported all of an employee's work hours.
Under-reported wages
You might not have reported all of an employee's wages.
Unreported changes to your business structure
You need to tell us when you buy, sell, transfer or reorganize your business. This is required by Washington state's business predecessor and successor laws.
If you do not notify us about changes to your business structure, you may be paying the wrong tax rate. We call this State Unemployment Tax Act (SUTA) dumping.
Appealing audit findings
If you disagree with the findings of an audit, you can: