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R. Klein, EA
R. Klein, EA, Enrolled Agent
Category: Tax
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Experience:  Over 20 Years experience
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Payroll company never finalized return 941

Resolved Question:

Payroll company never finalized return 941 and we went through a year of audits from IRS NYS Labor and NYS Sales tax and other horrible items like workmans compon 2 ein numbers and no one could identify this until 1 year later to why I have been billed through INC. and DBA because to EIN numbers were out there/ Loss of many areas and many financial problems shut down liens. Who do I talk to and what can be done.


 


I have done more paper work than I have ever done , I am being audited by dept labor. The payroll compnay knows they are at fault and agreed with the IRS to what has not been done and caused the problems . I have emails stating this dba is done and should be finalized as well as my accountant emailing my payroll specialist. The specialist stated he would shut down the dba and start inc. The inc was started on the payroll with checks being sent to my employees in the inc name. They know we wanted to start in 1st quarter 2012 as INc and said they would.  and stated he would take care of. But he never sent the 941 return stating that it would be a final return per DBA and showing $0 and the inc would be taking over. They screwed up and no on could pin point it until about a week ago, and was the IRS We have been billed and penalized and fined it has been a living hell.

Submitted: 1 year ago.
Category: Tax
Expert:  R. Klein, EA replied 1 year ago.

R. Klein, EA :

Thank you for contacting me about your Tax issue. I will work hard to help you understand the issue clearly.

R. Klein, EA :

It sounds like you need to hire an attorney to represent you. If the payroll company erred and admitted it, they may be liable for some or all of the penalties. The state and federal government will always hold the company and its officers liable even if you hired an outside firm.

R. Klein, EA :

You may wish or need to sue the payroll provider.

R. Klein, EA :

Without delving into the details of your situation and being engaged to represent you, I cannot offer specific advice as to how to get out of this mess. This is not a question for a public forum like this.

R. Klein, EA :

So, as previously stated, the government will ultimately hold you responsible. If you want someone to reimburse you for your losses, that's what hiring your own attorney may accomplish.

Customer:

So basically have you heard of this happening before. This has to be the most frustrating hardest thing I have everdone in my life. I had workmans comp send me a bill for $72,000 after we had fixed the $40,000 months earlier. The keep coming on all sides. What are my chances to win.

R. Klein, EA :

NY is the toughest state I know on Worker's Comp insurance premiums. There are all sorts of horror stories with the NY Dept of Labor.

R. Klein, EA :

It's like Halloween year round!

R. Klein, EA :

Where I am in Texas,Worker's Comp isn't even mandatory.

R. Klein, EA :

But having the payroll company deal with the problem is probably the LAST person(s) I would want to handle these audits!

R. Klein, EA :

Hire your own representative directly

Customer:

Inam handing audits. I am using them now just to take care of workmans comp showing INC but this keeps comign back and they are so stupid I dont even know much but figured this out a long time ago and said this to many and they finally found out no final return IRS on the 941 so a dba 1st quarter is still open and not finalinzed no inc was even filed for last years 1st quarter where they said they took care of all and then they did not even do a secong quarter at all. I am so pissed.

Customer:

I will and have already contacted one thank you.

R. Klein, EA, Enrolled Agent
Category: Tax
Satisfied Customers: 2882
Experience: Over 20 Years experience
R. Klein, EA and other Tax Specialists are ready to help you

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R. Klein, EA
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