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Articles Posted in Payroll Tax Problems

WHY KEEPING CURRENT ON PAYROLL TAXES SHOULD BE A TOP BUSINESS PRIORITY

BY STEVEN V. MELNIK

STEVEN V. MELNIK, J.D., LL.M. (Tax), CPA, is an associate professor of tax law and the academic director of the graduate and undergraduate tax areas at Baruch College, CUNY in New York City. He is licensed to practice law in New York and New Jersey, and has more than 15 years experience helping individuals and businesses with tax, asset protection, and estate planning matters. This article is an adapted version of a chapter from his best-selling book, Tax Relief and Resolution: The Ultimate Guide to Paying Less to the IRS Starting Now (Flamenco Press, 2014).

A business is responsible for ensuring that taxes withheld from its W-2 employees’ payroll checks are paid. As an employer, a business is also liable for Social Security and Medicare payments and taxes and its employees’ contribution to these taxes. Staying current with payroll taxes should be a top priority for all businesses.

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The trust fund recovery penalty (TFRP) can be applied to any responsible person who willfully fails to collect or pay trust fund taxes. The penalty amount is equal to the total amount of the tax that was not paid, up to the full amount. This is why it is sometimes known as the 100% penalty. The penalty is separate from the tax and the employer’s liability for such taxes.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 877-788-2937 or email us to schedule an appointment.

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The trust fund recovery penalty (TFRP) is a 100% penalty on an employer’s failure to pay its trust fund taxes. The TFRP can be assessed against any person in the employer’s business who is (1) responsible for collecting, accounting for, and paying withheld employment taxes, and (2) who willfully fails to collect or pay these taxes.

A director, officer, shareholder or employee of a corporation, a member or employee of a partnership, or any other person with the authority and control over these taxes can be held liable as a responsible person under the TFRP.

Get professional IRS representation. Our firm represents taxpayers before all administrative levels of the IRS.

Please call us at 877-788-2937 or email us to schedule an appointment.

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The taxpayer may be subject to several different penalties.

Failure to File
If a taxpayer fails to file on the date the return should have been filed (determined with regard to any extension of time for filing) the taxpayer will be subject to a failure to file penalty unless it is shown that the failure to file a return is due to reasonable cause and not due to willful neglect. This penalty is 5% of the net amount of tax due for each month (or fraction thereof) during which there is a failure to file any return, up to a maximum penalty of 25%. If the return is not filed within 60 days of the due date, the minimum penalty will be the lesser of $135 or 100% of the tax liability on the return (even if there are no unpaid taxes when the return is filed).

If both the “failure to file” and the “failure to pay” penalties apply for the same period, the failure to file penalty (5%) is reduced by the failure to pay penalty (0.5%). This generally results in a 4.5% per month failure to file penalty and a 0.5% per month failure to pay penalty.

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Are you a business owner or an officer facing a 941 payroll or employment tax problem?

Unpaid payroll or employment tax is a serious tax matter, and the IRS holds the business owner, officers and other personnel as responsible person(s) and actively enforce aggressive collection measures to collect on the unpaid back taxes, penalties and interest.

For the IRS to excuse the penalty for failing to file, the taxpayer must show that such failure was due to reasonable cause. A taxpayer can show reasonable cause by proving that he or she “exercised ordinary business care and prudence and was nevertheless unable to file the return within the prescribed time” (see Reg. §301.6651-1(c)(1)). This standard is objective and will be determined by analyzing all the facts and circumstances.

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Many times we come across news that a certain Company has filed for bankruptcy or has shut down or has downsized its staff. One of the most probable reasons is the failure to pay or settle unpaid payroll taxes known as employment taxes or 941 taxes. The very words ‘payroll taxes’ have made many organizations grovel on their knees.

Have you received a Summons form 6637 from an IRS RO Revenue Officer? Do not delay your matter anymore, you have the right to be represented by a power of attorney, do not speak to the RO, kindly request their business card and inform them that a representative will contact them shortly.

For 941 payroll tax immediate help call us at 877-788-2937.

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Taxpayers in Brooklyn, New York and Kings county can get IRS tax help, tax relief, tax problem resolution, 941 employment payroll tax help, and IRS tax audit help by calling 877-788-2937.

IRS office serving Brooklyn, NY is located at 625 Fulton St., Brooklyn, NY 11201

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Running a business, managing a company is not a child’s play. Apart from being a good CEO or the Head of the Company, there are certain important things you have to figure out and reign in early when you first start your own business or running a company as you need to take care of your employees as well as their salaries thereof. Payroll taxes are the most important of them all. You have to know how to calculate and pay 941 payroll taxes before you set out to hire employees.

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Employment Taxes

If you have your own business, there is plenty going on all the time. In addition to taking care of your customers, you have to take care of your employees. Payroll can be very difficult with the many scenarios, and that can lead to an employment tax problem. Don’t feel like you are alone though as 941 payroll tax problems are extremely common when it comes to the IRS and what they have to look into.

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We provide IRS tax help, tax relief, tax resolution and IRS audit representation in the South Florida Metro area of Miami, Miami Beach, Hialeah, Kendall, Fort Lauderdale, Pembroke Pines, Hollywood, Miramar, Coral Springs, Miami Gardens, Pompano Beach, Deerfield Beach, West Palm Beach, Boca Raton, Boynton Beach, Miami Dade county and Broward county of Florida.

The IRS has identified many individual and business taxpayers who fail to file income tax returns (1040 for individuals and 1120 for corporations) and employment tax returns (940 and 941) and these taxpayers have effectively stopped paying federal taxes as a serious matter to the US tax administration and the American economy as a whole. The IRS is actively pursuing non-filers owing back taxes with aggressive enforcement of the tax laws by issuing record numbers of tax levies and tax liens.

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