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LeAnne
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Business questions
      #776631 - 02/02/12 03:39 PM

I have a friend who is a secretary at a business. Well the IRS just walked in and says they have not paid the employment taxes. Now she is not on the checkbook, her boss has to sign ALL checks.
But the IRS people told her she could be responsible for repayment?

Anyway she is freaking out? I am sure the boss will say it is all her fault. But if the money is not there to pay it, the boss knew it too.

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rocketgirl
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Re: Business questions [Re: LeAnne]
      #776632 - 02/02/12 03:58 PM

Did she sign the forms that she sent in with the checks (can't remember what the form # is)? If she did, then they will try to come after her if they haven't been paid.. my sister is going through the EXACT same thing. The guy she was working for hadn't paid his quarterlies for God knows how long, my sis got them ready, signed them (like she has for every other employer she's worked for) and now they are coming after her for them.. it is CRAZY!

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Lisa

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elliesmom
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Re: Business questions [Re: LeAnne]
      #776633 - 02/02/12 03:59 PM

If that is their attitude I would not say one more word to them and get an attorney. But I am not sure what is meant by "employment taxes." If they mean the taxes "withheld" from her paycheck never got to the IRS - yep. My understanding is that she would be on the hook for HER money. If your boss takes the money and never pays the IRS, you will owe it. Now I am basing this belief off of a Murder She Wrote episode I watched last week (DH is gone for a while). But I have no reason to believe the set-up story was not real. Although it was filmed in the 80s so things may have changed too.

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ssmom79
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Re: Business questions [Re: LeAnne]
      #776634 - 02/02/12 04:04 PM

When you say Secretary do you mean as in Officer of the company or as in Secretary - Admin. Assistant?

A corporate officer can be held responsible for unpaid taxes but an IRS agent has to determine who is responsible. I mean, ultimately, the person writing the checks and profiting from the business should be held responsible....but it's up to the IRS to determine the "who".


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ssmom79
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Re: Business questions [Re: elliesmom]
      #776635 - 02/02/12 04:04 PM

My Dad loved Mrs. Fletcher.

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LeAnne
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Re: Business questions [Re: ssmom79]
      #776637 - 02/02/12 04:23 PM

She is not an officer, just secretary. She doesn't sign checks for anything. He signs all checks and all tax forms.

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LeAnne
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Re: Business questions [Re: rocketgirl]
      #776638 - 02/02/12 04:26 PM

The form is a 941. The state has went to .."You have to pay them online" with an EFT account through the government website.

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Empty Nesting


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LeAnne
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Re: Business questions [Re: LeAnne]
      #776639 - 02/02/12 04:28 PM

Just talked to her, she is waiting to be interviewed by the IRS. She can here them talking to boss and evil wifey poo, and they are throwing all the blame on her....

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Avaya
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Re: Business questions [Re: elliesmom]
      #776640 - 02/02/12 04:46 PM

No, if the employer withheld and didn't remit, the employer owes it, never the employee/taxpayer. Now that's separate from 'who is responsible', but the employee/taxpayer wouldn't be responsible for their own.

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ssmom79
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Re: Business questions [Re: LeAnne]
      #776646 - 02/02/12 06:25 PM

She is safe LeAnne. She will need to answer all the questions but she won't be held responsible. Corporate officers are a different story. That's why I don't sign anything!!

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