Discussion:EFTPS and responsible party liability

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Revision as of 18:53, 10 August 2009
Kevinh5 (Talk | contribs)
(you need to do s)
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Revision as of 19:17, 10 August 2009
LJACPA (Talk | contribs)
(I have actually)
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{{ForumReplyPost|UserID=Kevinh5|Date=10 August 2009|Text=you need to do some study on the Trust Fund Recovery Penalty. There are many threads here on TA.}} {{ForumReplyPost|UserID=Kevinh5|Date=10 August 2009|Text=you need to do some study on the Trust Fund Recovery Penalty. There are many threads here on TA.}}
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 +{{ForumReplyPost|UserID=LJACPA|Date=10 August 2009|Text=I have actually read quite a bit, here and elsewhere, but just have not run into this particular situation. I imagine what you are referring to is, "A responsible person also may include one who signs checks for the business or otherwise has authorty to cause the spending of business funds." She wasn't making the EFTPS and knew that this TP was likely not paying what was due. I just wondered if anyone had experienced this (or knew of others) and been held liable. I do try to read before asking (most times...). Thanks.}}

Revision as of 19:17, 10 August 2009

Discussion Forum Index --> Advanced Tax Questions --> EFTPS and responsible party liability
Discussion Forum Index --> Tax Questions --> EFTPS and responsible party liability

LJACPA (talk|edits) said:

10 August 2009
I work with a bookkeeper who recently accompanied a mutual client to a meeting with the IRS. The bookkeeper prepared all the 2007 and 2008 payroll tax returns, which the TP signed and submitted. However, without any payment. Of course, now the IRS is pursuing this $100,000 plus and during this meeting (a request for additional information and filing of all corporate and individual returns through 2008) suggested that the bookkeeper, if she was the one making the EFTPS (some were made) payments, could be considered a responsible party. I've not heard this and wonder if anyone else has and whether this is correct or not. Thank you.

Kevinh5 (talk|edits) said:

10 August 2009
yes, I have heard of it.

The IRS looks first at whomever has signature authority on the checkbook.

That's not conclusive for a representative like us, but for the IRS, it is prima facae evidence.

Kevinh5 (talk|edits) said:

10 August 2009
you need to do some study on the Trust Fund Recovery Penalty. There are many threads here on TA.

LJACPA (talk|edits) said:

10 August 2009
I have actually read quite a bit, here and elsewhere, but just have not run into this particular situation. I imagine what you are referring to is, "A responsible person also may include one who signs checks for the business or otherwise has authorty to cause the spending of business funds." She wasn't making the EFTPS and knew that this TP was likely not paying what was due. I just wondered if anyone had experienced this (or knew of others) and been held liable. I do try to read before asking (most times...). Thanks.