Delaware has the most robust unclaimed property enforcement program in the country, often targeting companies incorporated in that state for audits that typically last multiple years and become a drain on internal resources. As part of a periodic and ongoing effort, and as published on the state’s website, Delaware will be sending out Voluntary Disclosure Agreement (VDA) Program invitations on July 22, 2022 to an unknown number of large companies that are incorporated in Delaware. In prior waves of letters, anywhere between 30 to more than 100 letters have been mailed.
The VDA Program is a type of unclaimed property amnesty program in which companies can disclose previously unreported unclaimed property in exchange for a waiver of interest and penalties. However, according to the invitation letters, if a company receives one of these invitations and does not respond within 90 days (previously 60 days), the company will be referred to the Delaware Department of Finance for audit. In other words, the “invitation” letters are, in reality, a first step towards a potential audit notice if ignored.
Because the 90-day window for responding to Delaware’s upcoming VDA invitation will close in October, time is of the essence. Companies should be on the alert for the arrival of an invitation letter, sent by the state via certified mail and addressed to the CEO or CFO, to ensure proper and timely action is taken. These letters are typically sent to executive-level personnel because their names are publicly available. Please do not ignore this letter.
If your company receives a Delaware VDA invitation letter, please contact one of Ryan’s unclaimed property professionals to discuss appropriate options for responding to the invitation.
TECHNICAL INFORMATION CONTACTS:
Mark A. Paolillo
Principal
Ryan
857.288.1976
mark.paolillo@ryan.com
Susan Han
Principal
Ryan
442.244.2447
susan.han@ryan.com
Jeff Henshall
Principal
Ryan
404.682.1200
jeff.henshall@ryan.com
Christopher Jensen
Principal
Ryan
469.399.4142
christopher.jensen@ryan.com
The material presented in this communication is intended to provide general information only and should solely be seen as broad guidance and not directed to the particular facts or circumstances of any individual who may read this publication. No liability is accepted for acts or omissions taken in reliance upon the content of this piece. Before taking (or not taking) any action, readers should seek professional advice specific to their situation from Ryan, LLC or other tax professionals. For additional information about this topic, please contact us at info@ryan.com.