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District of Columbia sales tax notices

Got a letter from the Office of Tax and Revenue (OTR), Office of the Chief Financial Officer? Find it below to see what it means, why businesses usually receive it, and what to do next.

Sources checked

Disagree with a notice?

Before a formal appeal, you can ask the OTR Audit Division for an informal conference by following the instructions in your Notice of Proposed Assessment. To appeal formally, file a written protest (form L&E-006) with the Office of Administrative Hearings (OAH). Include a copy of the notice, and also send a copy to OTR so collection is put on hold. You do not have to pay the disputed amount while the OAH appeal is pending. Alternatively, after paying, you can appeal to DC Superior Court within six months of the final assessment.

Deadline: 30 days from the date the proposed assessment is sent (OAH must receive the protest by then)

Source: Office of Tax and Revenue (OTR), Office of the Chief Financial Officer (opens in a new tab)

Failure to file

The authority has no return on record for a period it expects one, often because an account is open but filings stopped.

Failure to fileTDI

Notice of Delinquency (TDI)

A notice that OTR found a period on your account with no business tax return or extension filed. Sales tax is one of the tax types covered.

Why you got it

  • A sales tax return or extension was not filed by the due date
  • The account was registered in error, or an exemption to file has expired

What to do

  1. Check the period against your records. If you already filed, or the account has an active exemption, email OTR or call the Collection Call Center at (202) 724-5045. If the exemption has expired, renew it with Form FR-164. If the account was registered in error, email OTR a written statement signed by the officer or POA on the account.
  2. If the return is missing, file it through MyTax.DC.gov. If the business has closed, file the last return and mark it final.
  3. Pay the tax due. If you cannot pay, still file on time and request a payment agreement through MyTax.
  4. If penalties are charged and the late filing had reasonable cause, send OTR a written penalty waiver request with supporting documents

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Source: Notice of Delinquency (TDI) | otr (opens in a new tab)

Balance due

A bill for tax, penalty, or interest the authority says is unpaid.

Balance due

Notice of Tax, Penalty and/or Interest Due

A bill for tax that was not fully paid, plus interest (10% compounded daily) and a failure-to-pay penalty (5% a month, up to 25%).

Why you got it

  • Tax was not paid in full by the due date

What to do

  1. Check the periods and amounts against your returns and payments, and call the number on the notice right away if something looks wrong.
  2. Within 15 days of the notice date, pay the tax, or ask for a payment agreement through MyTax.DC.gov if you cannot pay in full. OTR asks for the full amount by then, and an unpaid balance can lead to a Notice of Enforcement.
  3. If the late payment had reasonable cause (for example an outside event such as a fire destroying your records), send OTR a written penalty waiver request with supporting documents. OTR says not receiving forms or notices is not grounds for waiving interest

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Response window: 15 days from the notice date

Source: Notice of Tax Due | otr (opens in a new tab)

Assessment

A proposed or final determination of tax owed, sometimes estimated when returns were never filed.

Assessment

Notice of Proposed Assessment

A notice of proposed additional tax, interest and penalty. It can result from an audit, a non-filer case, or an assessment against an officer for unpaid trust fund taxes such as sales tax.

Why you got it

  • An audit proposed changes to your sales and use tax returns
  • OTR estimated tax for periods you did not file
  • Sales tax collected by the business was not remitted (officer assessment)

What to do

  1. Review the proposed changes and the audit workpapers against your records.
  2. If you disagree, ask the Audit Division for an informal conference as the notice explains, or file a written protest (form L&E-006) with OAH within 30 days and send a copy to OTR so collection is put on hold.
  3. If you agree with the tax, pay it or set up a payment agreement. If you had reasonable cause, you can also ask OTR in writing to waive the penalties.

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Response window: 30 days from the date the proposed assessment is sent

Source: Taxpayer Rights, Appeals and Reconsiderations | otr (opens in a new tab)

Audit

A request for records or notice that the authority is examining your returns.

Audit

Audit appointment notice letter

A letter from an OTR auditor asking for an appointment and listing the records needed. Sales and use tax is one of the audited tax types.

Why you got it

  • Selection through methods such as prior audit results, the Nexus Audit Program, the Discovery Audit Program, IRS information or random selection

What to do

  1. Read the letter to see what the audit covers and which documents are requested, and respond promptly to set up the appointment.
  2. Gather purchase and sales invoices, general ledgers, sales journals, exemption certificates and canceled checks for the audit period.
  3. Ask for a convenient time and place, and consider bringing a representative. Call the Audit Division at (202) 442-6582 with questions.

Source: OTR Audits | otr (opens in a new tab)

Collections

Enforcement on unpaid balances, such as liens, levies, warrants, or referral to a collection agency.

Collections

Notice of Enforcement

A certified-mail notice that OTR is starting enforcement action because a Notice of Tax, Penalty and/or Interest Due was not paid.

Why you got it

  • Full payment was not received within 15 days of a Notice of Tax, Penalty and/or Interest Due

What to do

  1. Call the number on the notice right away to pay or set up a payment agreement.
  2. Pay within 30 days of the Notice of Enforcement Action to avoid the collection fee.
  3. Act quickly. Next steps can include a tax lien, a levy on bank accounts or wages, seizure of property, or revocation of your sales tax certificate.
  4. If you had reasonable cause, you can still send OTR a written penalty waiver request. If it is denied, you can ask Collection and Enforcement in writing to reconsider

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Response window: Pay within 30 days to avoid the collection fee

Source: Notice of Tax Due | otr (opens in a new tab)

Collections

Tax lien

A public claim recorded with the DC Recorder of Deeds for unpaid tax, fees, penalties and interest. It can hurt your credit and block borrowing or real estate sales.

Why you got it

  • The tax was not paid within 10 days after a Notice of Tax Due and demand for payment

What to do

  1. Contact OTR Collection and Enforcement at the number on your notice to confirm the balance, and pay it or arrange a payment agreement.
  2. If you sell District real estate while the lien is in place, the taxes due are paid from the sale proceeds and the lien can then be released.
  3. If the balance includes penalties and you had reasonable cause, you can still send OTR a written penalty waiver request.

Before you pay penalties: check whether you can ask for them to be waived, and what the state needs paid first. How to ask

Source: Enforcement Actions | otr (opens in a new tab)

Ask for penalty relief

Penalties on a District of Columbia notice aren't always final. You can ask for them to be waived. Follow the steps below, including anything the state requires you to file or pay before it reviews the request.

Penalty waiver request (reasonable cause)

  1. File any missing returns and pay the tax due, or request a payment agreement through MyTax.DC.gov, so penalties and interest stop growing
  2. Send OTR a written waiver request explaining the circumstances that led to the delinquency
  3. Attach supporting documentation
  4. If OTR denies the request, you can send Collection and Enforcement a written request to reconsider, with more documentation. If that is denied, you have 30 days from OTR's response to ask for a further review

What qualifies: Reasonable cause: you used ordinary business care and prudence, but an uncontrollable outside event (such as a fire destroying your records) prevented you from complying. OTR says it waives delinquent return penalties only in limited circumstances.

Interest: OTR's reconsideration guidance refers to requests for waiver of 'penalty and/or interest', but its FAQ says OTR's failure to mail tax forms or notices is not grounds for waiving interest.

Source: Collections & Audit FAQs – How do I request a penalty waiver? (DC Office of Tax and Revenue) (opens in a new tab)

Before you respond

  • Check the date on the notice. Response windows usually run from that date, not the day you open it.
  • Match the account number and filing period to your own records before paying or disputing.
  • If returns are missing, filing the actual returns usually replaces an estimated bill. Confirm how on the notice or with the authority.
  • Ask about penalty relief before paying penalties, and check what must be paid with the request. See how
  • Keep a copy of the notice and everything you send back.

This page is general information, not tax or legal advice. Notice names and procedures change, so always follow the instructions on your notice and the official sources linked above.

Need the rates, nexus thresholds and filing rules? Read the District of Columbia sales tax guide.

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