Payroll Tax Problems

SoCal Tax Help

January 7, 2010 | Mike Habib, EA

Southern California Tax Relief Services

IRS tax Relief, FTB tax Relief, BOE tax Relief, EDD tax relief

At Mike Habib, EA, a SoCal tax firm, we understand that being notified that your tax return is being challenged by the IRS or the FTB can be scary. When you are faced with an audit, or a collection action, by the IRS, or the FTB, you may not know where to turn or what to do. We have the skill set and representation expertise to deal with the IRS and the FTB on your behalf. We understand their rules and are experienced in negotiating the lowest possible tax debt settlement allowed by law.

Tax Problems

December 24, 2009 | Mike Habib, EA

Tax Problems – Tax Problem Resolution

When tax problems occur, it can be difficult to hide from the IRS. Being familiar with these tax problems allow you to recognize them as soon as they occur. Whether you are an individual or a business entity, make sure that you are aware of these common problems regarding taxes.

Payroll taxes – 941 tax

IRS Tax Lien, How to release federal tax liens and levies

December 21, 2009 | Mike Habib, EA

IRS Tax Lien – How to release federal tax liens and levies

Taxpayers have the right to appeal the IRS’ filing of a notice of a tax lien in the public record and petition for release. If filed in error, the IRS must release the lien and state that the lien was erroneous. The request for tax relief must be based on one of the following grounds: (1) the tax liability had been satisfied before the lien was filed; (2) the assessing of the tax liability violated either the notice of deficiency procedures or the Bankruptcy Code; or (3) the limitations period for collecting the liability had expired prior to the filing of the lien.

The IRS may withdraw a tax lien before payment in full if:

IRS enforcement figures

December 17, 2009 | Mike Habib, EA

Table 16. Delinquent Collection Activities, Fiscal Years 2005-2008

[Money amounts are in thousands of dollars.]

Activity

2005

2006

2007

2008

(1)

(2)

(3)

(4)

Returns filed with additional tax due:

Total amount collected [1]

[r] 27,615,348

[r] 29,172,915

[r] 31,952,399

28,465,648

Taxpayer delinquent accounts (thousands):

Number in beginning inventory

5,981

6,478

7,074

8,240

Number of new accounts

5,870

6,100

7,146

7,099

Number of accounts closed

5,373

5,504

5,980

6,107

Ending inventory:

Number

6,478

7,074

8,240

9,232

Balance of assessed tax, penalties, and interest [2]

57,594,901

69,555,590

83,488,988

94,357,717

Returns not filed timely:

Delinquent return activity:

Net amount assessed [3]

22,765,462

23,305,535

30,287,802

24,888,918

Amount collected with delinquent returns

3,584,255

3,905,764

3,968,163

3,773,528

Taxpayer delinquency investigations (thousands) [4]:

Number in beginning inventory

3,022

3,658

3,874

3,732

Number of new investigations

2,558

2,373

2,587

1,972

Number of investigations closed

1,922

2,157

2,729

2,271

Number in ending inventory

3,658

3,874

3,732

3,433

Offers in compromise (thousands) [5]:

Number of offers received

74

59

46

44

Number of offers accepted

19

15

12

11

Amount of offers accepted

325,640

283,746

228,975

200,103

Enforcement activity:

Number of notices of Federal tax liens filed

522,887

629,813

683,659

768,168

Number of notices of levy served on third parties

2,743,577

3,742,276

3,757,190

2,631,038

Number of seizures

512

590

676

610

[r]–Revised.

[1] Includes previously unpaid taxes on returns filed plus assessed and accrued penalties and interest. For Fiscal Year 2008, includes a total of $37,254,116 (dollars) collected by private debt collection agencies.

[2] Includes assessed penalties and interest but excludes any accrued penalties and interest. Assessed penalties and interest—usually determined simultaneously with the unpaid balance of tax—are computed on the unpaid balance of tax from the due date of the return to the date of assessment. Penalties and interest continue to accrue (accrued penalties and interest) after the date of assessment until the taxpayer’s balance is paid in full.

[3] Net assessment of tax, penalty, and interest amounts (less prepaid credits, withholding, and estimated tax payments) on delinquent tax returns secured by Collection activity.

[4] A delinquency investigation is opened when a taxpayer does not respond to an IRS notice of a delinquent return.

[5] An offer in compromise (OIC) is a binding agreement between a taxpayer and the IRS that settles the taxpayer’s tax liabilities for less than the full amount owed. An OIC will not be accepted if the IRS believes the liability can be paid in full as a lump sum or through a payment agreement.

NOTES: Detail may not add to totals because of rounding. All amounts are in current dollars.

SOURCE: Small Business/Self-Employed, Collection Planning and Analysis, Collection National Reports SE:S:C:PA:CNR

Correcting an employment Tax Return

September 30, 2009 | Mike Habib, EA

The Correct “Process” for Correcting an employment Tax Return

Mike Habib, EA

Even the best of us can make a mistake on a quarterly Form 941 (or on a Form W-2, which often creates an error on the 941). The IRS has introduced a new form for correcting the dollar amounts on a previously filed 941: Form 941-X, Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund.

Avoid Tax Fraud

June 27, 2009 | Mike Habib, EA

Abusive Tax Evasion Schemes

Resolve your tax problem and get tax relief today!

Examples of Abusive Tax Scheme Investigations – Fiscal Year 2009

Payroll tax responsibility

June 11, 2009 | Mike Habib, EA

Outsourcing Payroll Duties Can Be a Sound Business Practice, But… Know Your Tax Responsibilities as an Employer

Many employers outsource some of their payroll and related tax duties to third-party payroll service providers. They can help assure filing deadlines and deposit requirements are met and greatly streamline business operations. Some of the services they provide are:

Administering payroll and employment taxes on behalf of the employer, where the employer provides the funds initially to the third-party.
Reporting, collecting and depositing employment taxes with state and federal authorities.

Employers who outsource some or all of their payroll responsibilities should consider the following:

Payroll tax fraud

June 11, 2009 | Mike Habib, EA

ORLANDO MAN SENTENCED FOR $181 MILLION PAYROLL-TAX FRAUD

Orlando, Florida – United States Attorney A. Brian Albritton announces that U.S. District Judge John Antoon, II, today sentenced Frank L. Amodeo (age 48, of Orlando) to 22 years and six months in federal prison for conspiring to commit wire fraud, to obstruct an agency proceeding, and to impede the Internal Revenue Service (IRS); failing to remit payroll taxes; and obstructing of an agency proceeding. The Court ordered Amodeo to forfeit more than $1 million seized from various accounts, three homes, several luxury automobiles, commercial real estate, a Lear Jet and his corporations. The Court also imposed a money judgment of approximately $181 million, which is amount of the stolen payroll tax funds. Amodeo had pleaded guilty on September 23, 2008.

According to court documents, Amodeo, and his co-conspirators controlled several companies, including multiple employee leasing companies or PEOs (professional employee organizations). They conspired to absolve themselves and the companies they controlled of the responsibility for existing payroll tax liabilities and to divert payroll tax funds paid by the PEO clients to the PEOs that Amodeo and his co-conspirators controlled.

UK Payroll Issues

April 13, 2009 | Mike Habib, EA

U.K. revises rules on how short-term business trips by employees from other countries are taxed [HMRC website]: The United Kingdom’s tax agency, Her Majesty’s Revenue and Customs (HMRC), has amended its Employment Procedures (EP) manual with respect to the taxation of income earned by employees from other countries who are working in the U.K. on a short-term basis. In most circumstances, if employees from other countries perform duties in the U.K., they are responsible for U.K. income tax on a “pay-as-you-earn” (PAYE) basis, regardless of how long they are in the U.K. However, employees who are residents of a country with which the UK has a treaty agreement are not subject to income tax in the U.K. if the resident is in the U.K. for less than 183 days of the taxable year, and certain other conditions are met. Prior to the amendment to the EP manual, when determining the 183 day limit, a partial day counted as a partial day, not a full day. Therefore, someone spending three consecutive 8 hour days working in the UK was regarded as having spent one day in the U.K. Effective April 6, 2009, each partial day spent in the U.K. is now considered a full day. Therefore, someone spending three consecutive 8 hour days working in the U.K. is now regarded as having spent three days in the U.K. for purposes of the 183 day limit. For further information on the U.K. payroll tax system, see http://www.hmrc.gov.uk/employers

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For payroll tax problem resolution contact the tax firm of Mike Habib, EA at 877-788-2937 or at myirstaxrelief.com

Payroll Tax Relief

April 7, 2009 | Mike Habib, EA

Roundup of recent employment tax related cases of interest

Mike Habib, EA Tax Relief & Tax Problem Resolution

Federal courts have recently issued rulings on: (1) whether medical residents may qualify for the student FICA exception, (2) whether an employee’s embezzlement was reasonable cause for failing to remit withholding taxes, and (3) whether the sole owner of a limited liability company (LLC) may be held liable for the LLC’s unpaid employment taxes.