Discussion:My sweet God, Jesus....summons to appear for R/A issue

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{{ForumReplyPost|UserID=Natalie|Date=February 7, 2008|Text=Sandy, if I were you, I would not share any more details of this until you speak with a lawyer. If I got something like that and had my name all over vendor accounts and was signatory on a bank account, it was scare the "bejebees" out of me.}} {{ForumReplyPost|UserID=Natalie|Date=February 7, 2008|Text=Sandy, if I were you, I would not share any more details of this until you speak with a lawyer. If I got something like that and had my name all over vendor accounts and was signatory on a bank account, it was scare the "bejebees" out of me.}}
 +
 +{{ForumReplyPost|UserID=Ucimnemc|Date=7 February 2008|Text=Sandy, I strongly agree with Natalie. So I would suggest:
 +1 - Sit back, close your eyes, and take a deep breath. Life will go on!
 +2 - Speak no more of the specifics in open forum. "Anonymous" web posts may not be as anonymous as many people believe.
 +3 - Since a named defendant, seek a good attorney.
 +Keep us posted of the general events and how things go. Good luck!
 +}}

Revision as of 08:28, 7 February 2008

Discussion Forum Index --> Advanced Tax Questions --> My sweet God, Jesus....summons to appear for R/A issue
Discussion Forum Index --> Tax Questions --> My sweet God, Jesus....summons to appear for R/A issue

Sandysea (talk|edits) said:

6 February 2008
Yes, we all know (NOW) that you should not act as RA of a company in any respects. CDN client that was my bread/butter fired me due to my advising him of his liability in the US for having nexus/sales tax/employees/income tax in the US.

FDOR called me and since he never removed me as RA I am still listed. Now today, I got a call from the US District Court in ******** County FL summoning me as the RA since the former client did NOT pay sales tax as agreed or income tax for the business. We are talking multi million dollars in the last 6 years with no taxes paid in the US.

Either I will be in the former clients opinion a "whistleblower" which I never did or I will have to face them in court. I tried to get my name removed when the client fired me but never had another US presence.

Maybe just maybe my time has come to be a WalMart greeter? hehehe

Not funny but I gotta laugh or I will cry. Will get the summons delivered to me today and don't know if I have enough documentation to show I was fired over 2 years ago......

Smokeytax (talk|edits) said:

6 February 2008
Sandysea - That type of thing can absolutely happen to anyone. But, don't lose heart - Walmart can wait until our brains don't work anymore.

Stop by any Catholic Church today & they'll gladly put ashes on your forehead since it's Ash Wednesday. That will put it all in perspective & then you can move forward.

Good luck & keep us posted.

Irsfixer (talk|edits) said:

6 February 2008
Well it could be worse. No wait... I guess not.

Sandysea (talk|edits) said:

6 February 2008
IRS? What do you mean? Can I be held responsible for the immigration/federal/state laws when it comes to acting as registered agent until he fired me? He fired me b4 tax returns were either due or a year end completed. I begged to be removed and have documentation with FDOR that I requested removal....but I am the only US person they have to summon. He has no ITIN (would not complete W-7), his phone bills and electric bills were all in my name, my office address was acting as his physical address and then he filed sales tax returns but never paid the sales tax. Also voluntary disclosure of sales and excise taxes in 2004 for DC, FL, MA and CO.....now they are all looking to someone to hit the bat to....

I am Baptist but maybe the Catholics will give me some ashes on my forehead anyway....

Irsfixer (talk|edits) said:

6 February 2008
I was kidding. I think you have a good defense. It will just be a royal pain in the butt at a very inconvenient time for you. I am sympathetic.

PostingFromWork (talk|edits) said:

6 February 2008
Holy cow! I thought R/A's were just for service of process. I didn't realize they had all the disadvantages of agency.

KatieJ (talk|edits) said:

6 February 2008
Sandy, I hope you have found yourself an attorney. I don't really think you can be held responsible for anything, though; I think PFW is right, all you are required to do is accept service of process on behalf of the principal. They are looking for information from you, not to hold you responsible. If it were not so, CT and its many competitors in the R/A business would charge a lot more for their services than they do.

Dingodile (talk|edits) said:

6 February 2008
They usually don't. But it appears the US Gov. can't find anyone else to summon. You're going to be ok here. Incidentally, have they previously sent you summons for any other people related to this company.

Sandysea (talk|edits) said:

6 February 2008
I sadly was signature on the US bank account, deposited all the funds, paid the sales taxes until fired and did the voluntary disclosure agreement. I created contracts in the US, collected on those contracts and issued payments to the government for the sales taxes. Then when immigration violations and other transferring of funds took place between the US and CDA that I could not ethically stand for, I told the client. He then promptly fired me but I think I may still be a signer on the US bank account and I am the person that is the responsible party for sales tax, etc.....

KatieJ (talk|edits) said:

6 February 2008
Don't go into this without legal representation, Sandy. But I still think you will be OK. You did the right things when you had control, and couldn't do anything after you were fired.

Irsfixer (talk|edits) said:

6 February 2008
I am not kidding now. I think you are OK, but you may exposure under Rico statutes. Katie is right - you need a good lawyer.

Sandysea (talk|edits) said:

6 February 2008
Received the summons a few minutes ago...it is to appear before the Magistrate of the District Supreme Court of Palm Beach county. Named a defendant in the suit brought before the State of Florida VS. ****** inc. et al. Named as responsible party. Anyway, I guess next thing to do is find an attorney to explain all the gibberish to me. Thank you all!!

Irsfixer (talk|edits) said:

6 February 2008
You said in your original post it was a federal court. A state court is very different.

Sandysea (talk|edits) said:

6 February 2008
Thanks IRS....so this is not as crucial? I thought it was US District court, but the paperwork says the supreme district court of the county in the state of.....I am obviously not an attorney but thank you for pointing that out...could be less damaging then?

KatieJ (talk|edits) said:

6 February 2008
It's not necessarily less damaging, Sandy -- just a different forum with different (and possibly less predictable) rules. Who is the plaintiff? State of Florida?

Natalie (talk|edits) said:

February 7, 2008
Sandy, if I were you, I would not share any more details of this until you speak with a lawyer. If I got something like that and had my name all over vendor accounts and was signatory on a bank account, it was scare the "bejebees" out of me.

Ucimnemc (talk|edits) said:

7 February 2008
Sandy, I strongly agree with Natalie. So I would suggest:

1 - Sit back, close your eyes, and take a deep breath. Life will go on! 2 - Speak no more of the specifics in open forum. "Anonymous" web posts may not be as anonymous as many people believe. 3 - Since a named defendant, seek a good attorney. Keep us posted of the general events and how things go. Good luck!