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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116828
Experience:  20+ Years of Employment Law Experience
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Payroll taxes JA: Thanks. Can you give me any

Customer Question

***** ***** - Payroll taxes
JA: Thanks. Can you give me any more details about your issue?
Customer: As the employer - I have a W2 for the employees for Jan thru the end of Sept. A payroll company was handling the payroll. For Oct - Dec, I had a difficult time and was not using the payroll company. I paid the employees cash but deducted the taxes due and didn't pay the taxes to the IRS. Now I'm trying to get everything back on track. I also lost the records I had for the last three months of 2015. It was on paper. Don't sure how to fix this.
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You have a very difficult problem, because since you collected the taxes, you are liable for paying them and you are somehow going to have to recreate their pay for that time period. You are going to have to sit down and rewrite the records to the best of your memory and get the money you took from the employees submitted, because right now you have committed a theft from the employees by collecting the tax money and not paying it.
You can usually get a local CPA to sit with you to try to recreate the lost records and try to get this paid to the IRS. Also, that money should have been included on the employee's W-2 forms and if it was not you could be liable to pay their costs of having to revise their taxes, so you really want to get a local CPA to assist you to recreate the records and fix this mess you are in.

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