Unpaid Payroll Taxes

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Taxpayers that fail to file their tax return for one or more years for various reasons can become overwhelmed later on down the road when attempting to file all their missing tax years at once. Missing all or a portion of their records, personal hardship and/or neglect are some of many reasons people fall behind in filing their taxes. Fortunately, there are ways to approach the problem of unfiled tax returns.

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What is the penalty for late payment of payroll taxes?

If employers fail to deposit employment taxes with the IRS on time, they may be subject to the following penalties, depending on the number of days payment is past due:

  • One to five days late results in a 2% penalty
  • Six to 15 days late results in a 5% penalty
  • 16 days late or within 10 days of the first IRS notice results in a 10% penalty
  • 10 days after the first IRS notice results in a maximum penalty of 15%

What happens if you cannot pay payroll taxes?

Businesses that are unable to pay their employment taxes usually receive a notice from the IRS and a monetary penalty. If the taxes remain unpaid and the failure is determined to be willful, the IRS can place a lien on the employer’s assets or file criminal charges.

Who is liable for unpaid payroll taxes?

Anyone who is tasked with collecting and paying withheld employment taxes, such as an accountant or executive leader, may be held responsible for infractions. What’s more, the IRS does not limit its investigations to a single person and will prosecute everyone who it can prove played a role in the tax violation.

Will the IRS negotiate payroll taxes?

Under certain circumstances, employers who are unable to pay their employment taxes can settle their tax debt with the IRS for less than the full amount owed. To apply, they must submit Form 656, Offer in Compromise and all supporting documents that prove their eligibility. The IRS generally weighs their decision on the applicant’s income, expenses, asset income and ability to pay.

Is not paying payroll taxes a crime?

If the IRS determines that an employer willfully neglected to pay employment taxes, the individual could face civil and criminal sanctions, including imprisonment for up to five years.

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    What others say about us

    Advanced Tax Team made it easy by filing back tax returns and working with the IRS on my behalf. They settled a payment plan with the IRS that I can actually afford. They’re my tax firm for life.

    I called Advanced Tax Team when I received an IRS notice. They prepared all my back tax returns. I owed a lot, but they worked with the IRS and significantly lowered my debt. Thank you, Advanced Tax Team!

    I’m so glad I found Advanced Tax Team. I owed back taxes and the IRS started taking them from my paycheck. Advanced Tax Team got them to stop the garnishment immediately, then negotiated with the IRS to reduce what I owed.

    My business got behind on payroll taxes. The IRS could’ve taken everything I worked my whole life for. I called Advance Tax Team. They worked with the IRS to keep it open and running. I’m so grateful!

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