Voluntary Disclosure Programs: A Strategic Compliance Tool for Technology Companies

Technology companies face significant challenges in today’s complex tax environment with a multitude of state and local regulations impacting their operations. For companies operating across multiple jurisdictions, understanding and adhering to every requirement can be overwhelming, increasing the risk of non-compliance, financial penalties, and legal exposure. Voluntary Disclosure Programs (VDPs) present a proactive solution, enabling businesses to mitigate these risks, ensure compliance, and reduce tax liabilities and penalties. Leveraging VDPs as a strategic component of a company’s tax planning empowers them to manage risks effectively while reinforcing their commitment to sound financial and operational practices.

What Are Voluntary Disclosure Programs?

VDPs are initiatives offered by state tax authorities to encourage businesses to come forward and disclose unpaid or underpaid taxes voluntarily. These programs typically provide incentives such as reduced penalties, limited look-back periods, and, in some cases, waivers of interest. By participating in a VDP, tech companies can address delinquent tax obligations proactively while minimizing financial and legal risks.

Benefits of VDPs

• Mitigating Exposure to Penalties – Failure to comply with state tax laws can result in significant penalties and interest. VDPs allow businesses to disclose liabilities voluntarily, often resulting in reduced or eliminated penalties. This can represent substantial cost savings compared to the consequences of an audit or enforcement action.
• Addressing Complex Tax Obligations – Technology companies frequently encounter intricate tax requirements, including income, franchise, sales and use, and gross receipts taxes. Further complicating the compliance process, many technology companies offer different types of products and services under multiple revenue streams, and often have a fully or largely remote workforce, triggering nexus and potential tax obligations across several jurisdictions. Participating in a VDP provides an opportunity to clarify and resolve these obligations with the assistance of state tax authorities.
• Avoiding Legal Risks – By addressing tax liabilities through a VDP, organizations can avoid potential legal disputes and reputational damage that may arise from non-compliance. This proactive approach demonstrates a commitment to ethical business practices.
• Streamlining Resolution of Past Liabilities – VDPs typically include a limited look-back period, meaning tech companies are only required to address liabilities for a defined number of prior years. This streamlined resolution process can significantly reduce the overall tax burden compared to a full audit.
• Enhancing Financial Planning – Achieving tax compliance through a VDP enables businesses to understand their tax obligations clearly and holistically. This clarity facilitates more accurate financial planning and budgeting, reducing the likelihood of unexpected liabilities.

Key Considerations When Entering A VDP

While VDPs offer numerous advantages, entering into one requires careful consideration and expertise. Here are some key factors to keep in mind:

• Eligibility: Not all technology companies or tax types are eligible for every VDP. Businesses must review program requirements to determine whether their organization qualifies.
• State-Specific Variations: Each state has its own VDP rules, procedures, and benefits. Working with tax professionals who understand the nuances of these programs can ensure a smooth application process.
• Thorough Documentation: Providing accurate and comprehensive documentation is critical to the success of a VDP application. Incomplete or incorrect information can delay the process or result in unfavorable outcomes.
• Expert Guidance: Consulting with experienced tax advisors can help tech companies navigate the complexities of VDPs, assess potential liabilities, and negotiate favorable terms.

Conclusion

VDPs offer a valuable opportunity for technology companies to address tax compliance deficiencies proactively. By leveraging these programs, businesses can mitigate financial risks, avoid legal complications, and establish a strong foundation for long-term success. Engaging with knowledgeable tax professionals to guide the process can maximize the benefits of VDPs and ensure a seamless resolution of past liabilities.

For tech companies aiming to enhance compliance and safeguard their financial health, participating in a VDP is not just a strategic choice—it’s a wise investment in their future.

For more information on VDP programs, please contact Alan Goldenberg, Tax Principal, Leader – State and Local Tax and Tax Controversy Groups, Chris Noble, Executive Partner – Leader of the Professional Services and Technology Groups, Adam Pizzo, Partner, or your Anchin Relationship Partner.