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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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The company I work with is withholding fed. taxes but not paying

Resolved Question:

The company I work with is withholding fed. taxes but not paying the IRS.
Two questions.
How do I report this? Can find on help on the IRS web site.
What employes who have knowledge of this can be held responsible?
Thanks
Submitted: 1 year ago.
Category: Tax
Expert:  Lev replied 1 year ago.
Hi and welcome to Just Answer!
Different expert here.
According to current rules and regulations - withheld income and employment taxes shoudl be promptly remitted to the IRS.
These taxes are called trust fund taxes because your employer actually hold your money in trust until your employer makes a federal tax deposit in that amount.
The law provides special employment taxes and the trust fund recovery penalty (TFRP) which might be assessed to any responsible person who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes.

A responsible person may ber not only the company - but also an officer or an employee of a corporation who is in charge of employment taxes.
That might affect you personally when you will file the tax return and will claim a refund.
In additional - your earning record with Social Security Administration will be affected.

Your employer might have financial difficulties and the trust fund money were used to pay other cteditors - in this situation - the IRS will use that as an indication of willfulness not to pay them.

You may report your situation as a tax fraud directly to the IRS.
Use Form 3949-A, Information Referral

Print the form and mail to: XXXXX XXXXX Service Fresno, CA 93888
Although you are not required to identify yourself, it is helpful to do so. Your identity will be kept confidential.

If you have information and want to claim a reward - use Form 211 Mail it to the address in the Instructions for the form.

Let me know if any clarification needed or if you need help with other tax relaterd issues.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22653
Experience: Taxes, Immigration, Labor Relations
Lev and 5 other Tax Specialists are ready to help you

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