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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12030
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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My employer is being audited. The IRS has requested each

Customer Question

My employer is being audited. The IRS has requested each employee's social security number and bank account number where payroll check is deposited. Does the IRS have the right to my information from my employer without my consent.
Submitted: 1 year ago.
Category: Tax
Expert:  Lane replied 1 year ago.

Hi,

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Your question makes me wonder if someone that's NOt already privy to that information is trying to get it.

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The IRS already HAS your social security number because of the payroll taxes and W-2s being provided to IRS by them.

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Than bank account information is something that your employer already has, if they are direct depositing.

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Providing your bank account information to IRS, however, is where IRS should be asking your permission (which they may be) OR including you in an audit (which would make that informaotion automatically necessary, legal for IRS to obtain).

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Is this request for bank acount info comeing to you directly FROM IRS?

Customer: replied 1 year ago.
The request for every employee's bank account information is coming from the IRS to the employer.
Expert:  Lane replied 1 year ago.

If you have proof that the IRS is making this request - as opposed to the employer's simply "telling" you this - then it means that they likely suspect fraud (intentional hiding of money) on someone's part.

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In that situation, where the suspicion is that there is INTENT, (sometimes called willful, or behavior with purpose or with knowledge) they can ask for whatever might lead them to prove that suspicion.

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Acting with intent is where penalties cross the line from civil to criminal.

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See this from IRS:

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Both employer and employee hold the responsibility for collecting and remitting withholding taxes to the Internal Revenue Service (IRS). For the most part, the employer withholds these taxes on behalf of their employees, but in cases where an employer does not do this, or where an employee is self-employed, it is the responsibility of the employee to pay these withholding taxes.

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You can read more about that here: https://www.irs.gov/uac/employer-and-employee-responsibilities-employment-tax-enforcement

THIS may be where this is coming from.

Expert:  Lane replied 1 year ago.

I hope you’ll rate me (using those stars, or faces on your screen, by clicking submit) based on thoroughness and accuracy, rather than any good news / bad news content.

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Otherwise I’m working for no crediting at all here.

But please DO let me know if you need more here.

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Thank you!

Lane

I have a law degree, (Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in financial accounting & tax, a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986