Payroll Tax Penalties
In the area of payroll taxes, there really aren't too many opportunities for
reducing your exposure to the taxes themselves. If you hire employees
and pay them any kind of compensation,
it's a given that you're going to have some payroll tax liabilities. Perhaps
your biggest opportunity for realizing any kind of real savings is to make sure
you tend to each of your obligations and avoid getting hit with stiff penalties.
Many of the potential payroll tax penalties are the same ones you'll find
when you're dealing with other types of taxes. For example, there are both
criminal and civil penalties for failing to timely file payroll tax returns or
to timely deposit taxes you owe. However, there are a couple of penalties of
which you should be particularly mindful as you deal with your payroll tax
obligations:
- 100 percent penalty. The biggest risk you face in administering
your payroll tax obligations is that you can be held personally liable for
all income
and FICA
taxes that you willfully either fail to withhold from your employees' wages
or fail to pay to the IRS and your state tax agencies. Even if you avoid the
100-percent penalty because your conduct wasn't "willful," you
could face smaller penalties if your failure to withhold was due to your
misclassification of an employee as an independent contractor. In the
context of tax penalties, willfulness requires that the individual's conduct
be intentional, knowing, and voluntary. In some cases, a reckless disregard
of obvious facts will suffice to show willfulness.
- Form W-2. If you fail to prepare a Form
W-2 for your employees, or if you willfully furnish incorrect ones, you
will be subject to a $50 penalty for each statement that should have been
sent or that was incorrectly prepared.