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Video instructions and help with filling out and completing Can Form 843 Ministerial

Instructions and Help about Can Form 843 Ministerial

Music businesses that run into cashflow problems will generally pay it's employment taxes last as the IRS is the last creditor knocking at the door if a business fails to pay its employment taxes to the IRS the IRS will assess the trust fund recovery penalty which imposes personal liability on owners officers directors and employees any person who is a responsible party and who willfully failed to collect account for and pay over the employment taxes may be personally liable for those taxes regardless of the corporate shell to determine whether an employee is a responsible person is a matter of status duty and authority this tax law firm will show that workers performing ministerial acts without exercising independent judgment will not be deemed a responsible party a corporate title without the authority to act does not make a person responsible the IRS claims that shareholders officers directors employees of a corporation partners in a partnership members of an LLC and employees can be a responsible party how a responsibility depends on the facts of circumstances we will investigate the duties set forth in your employment agreement in the bylaws determine who has authority to sign checks determine who is in control of the financial affairs who has authority to determine which creditors will be paid who controls the payroll disbursements who had control of the voting stock and who signs the employment tax returns to show you are not a responsible party and you do not willfully fail to pay the payroll taxes the critical test is whether the person has the effective power to pay the payroll taxes owed willfulness indicates intentional voluntary or knowing conduct that is not accidental even though no evil intent or bad motive is required willfulness is the attitude of a responsible party not to pay the payroll taxes willfulness exists when the person was aware of the outstanding taxes and either deliberately chosen not to pay or recklessly disregarded a risk that the taxes would not be paid this tax law firm will marshal all the facts and evidence to show a lack of willfulness and avoid assessment of the trust fund recovery family the Trust Fund portion is the federal withholding an employees share of Social Security Medicare and unemployment taxes the trust fund portion does not include the employers matching portion or the penalties or interest the trust fund recovery penalty can only be collected once however the IRS will try to allocate all payments to the non trust fund portion this tax law firm will show you how to designate any payments to the trust fund portion only our defenses to the trust fund recovery penalty generally include showing that the person was not responsible did not act willfully acted with reasonable cause the IRS misapplied the designated payments or that the statute of limitations on either assessment or collection has expired this tax law firm has been extremely successful in eliminating the trust fund recovery penalty in its entirety or reducing the trust fund recovery penalty based on the facts and circumstances please call me at eight five eight four eight one four eight four four for a confidential call that's protected by the attorney-client privilege Music you.

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