California’s Unclaimed Property Crackdown: How to Respond to Notices

Ann Fulmer
January 6, 2025

This blog was last updated on January 13, 2025

Learn how to respond to California’s unclaimed property notices. Avoid audits, penalties, and interest with timely actions and the Voluntary Compliance Program.

Be aware! California is ramping up its enforcement of unclaimed property law, and businesses are in the crosshairs. Recently, the State Controller’s Office (SCO) began issuing letters through its Outreach and Compliance Unit. These notices require companies to file unclaimed property notice reports within 60 days. Whether your business has unclaimed property to report or not, here’s everything you need to know to stay on the right side of the law.

How to Respond to a California Unclaimed Property Notice Letter

A notice letter from the SCO is not a request to be ignored. If your business receives one, the clock has already started ticking. It is extremely important that all companies respond within 60 days of the date of the notice.

  • If no property is due: Send an email to UPDHolderOutreach@sco.ca.gov, acknowledging the notice and stating that no property is owed. While California law does not require the filing of a nil (negative) report, California can administratively compel a company to file one and has done so through the new program.
  • If there is property due in the next reporting cycle: Inform the state that although nothing is currently due, the company has plans to file property due in the next cycle. Property must then be reported by the next filing deadline as required by California law.
  • If past-due property is found: Respond by stating your intention to join the California Voluntary Compliance Program (VCP). The California VCP is a lifeline for businesses that have fallen behind on their unclaimed property obligations. By voluntarily reporting past-due property, companies are rewarded with fewer penalties, waived interest, and reduce the likelihood of being audited.

It’s equally important for businesses to alert the SCO about notice letters sent to entities that are no longer in operation. If a company has been dissolved, merged, or otherwise ceased operations, this information must be conveyed to the SCO to avoid unnecessary follow-up or referral for enforcement action.

What to Know About Enrolling in the California VCP

Participation in the VCP is simple but requires follow-through. Businesses can either respond to a notice letter expressing their intention to join or reach out directly to the SCO to apply. However, failure to complete the VCP application after declaring intent can lead to a referral for audit, so it’s essential to see the process through.

It is worth noting that Sovos received confirmation that the various departments within the California Unclaimed Property Division communicate with one another to ensure seamless coordination. Specifically, when a company enrolls in the Voluntary Compliance Program (VCP), the VCP team takes the initiative to notify the Outreach and Compliance Unit of the company’s participation.

This coordination provides reassurance to companies entering the VCP that their efforts will not go unnoticed or create conflicting requirements. For example, if a business has responded to a notice letter by informing the Outreach and Compliance Unit of its intent to join the VCP, the follow-up actions within the VCP team will align with the Outreach Unit’s records. This reduces the risk of redundant follow-ups or misunderstandings regarding a company’s compliance status.

The Consequences of Non-Compliance

Ignoring these letters altogether is the costliest mistake a business can make. The absence of communication increases the likelihood of unclaimed property audits, interest assessments, and penalties. The SCO works closely with the Franchise Tax Board (FTB) to conduct thorough investigations, which can be both time-consuming and costly.

Once flagged for audit, businesses face a deep dive into their financial records often spanning several years. This process disrupts daily operations while also putting companies at risk of accruing additional penalties and interest.

Take action today to avoid complications tomorrow—the cost of ignoring California’s unclaimed property laws is far too high.

Sign up for Email Updates

Stay up to date with the latest tax and compliance updates that may impact your business.

Author

Ann Fulmer

As National Director of Consulting Services, Ann leads the Sovos Consulting and Advisory Services team that provides clients with a comprehensive approach to achieving and maintaining compliance with state unclaimed property rules and regulations. Ann’s experience as an unclaimed property audit manager for the Commonwealth of Pennsylvania affords her the opportunity to provide the unique insight and knowledge required to represent clients seeking to achieve voluntary compliance, as well as defend those that are facing an unclaimed property audit.
Share this post

Mississippi state map
North America ShipCompliant
March 3, 2025
Mississippi Opens the Door to Direct-to-Consumer Wine Shipping

This blog was last updated on March 3, 2025 In a shockingly quick turn of events, the Mississippi governor has signed a bill that will enable the direct-to-consumer (DtC) shipping of wine, making it the 48th state to grant its residents greater access to the national wine market.   The bill, SB 2145, is set to […]

dtc spirits new york
North America ShipCompliant
February 14, 2025
A New Era for DtC Spirits Shipping: How New York’s Market is Taking Shape

This blog was last updated on February 14, 2025 In the fall of 2024, New York became the latest state to open its doors to direct-to-consumer (DtC) spirits shipping, marking a significant milestone for the industry. As one of the most populous states with a thriving market for craft and high-end spirits, the shift was […]

North America Unclaimed Property
February 10, 2025
Delaware Announces 2025 VDA Invitation Dates

This blog was last updated on February 14, 2025 Mark your calendars – April 11, 2025 and August 15, 2025 are this year’s anticipated release dates for the Delaware’s Secretary of State (SOS) VDA program invitations. In the event that an organization receives an invitation to participate in the Voluntary Disclosure Agreement (VDA) program  , […]

North America Sales & Use Tax
February 6, 2025
The Tariff and Sales Tax Mishmash – Untying the Mess

This blog was last updated on February 14, 2025 Talk of tariffs dominates the current news cycle with some commentators suggesting that tariffs will spell disaster for our economy while others say the exact opposite. We’ve seen the stock market sometimes fluctuate as tariffs are announced but later suspended, leaving us to wonder whether an […]

retailer dtc wine shipping
North America ShipCompliant
February 6, 2025
Retailer DtC Wine Shipping: The Time Has Come

This blog was last updated on February 14, 2025 By Tom Wark, Executive Director, National Association of Wine Retailers We are often reminded by the media and those in the wine industry—as well as by wine enthusiasts—that the three-tier system of alcohol distribution in most states hinders consumer access to the expansive number of wines […]