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Ronald Cutler, P.A. Ronald Cutler P.A.
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Naples Payroll Tax Attorney

Businesses in Naples must comply with a wide variety of federal laws concerning taxation. Companies that have employees must withhold, deposit, and report taxes, and businesses are responsible for all withholding and depositing requirements when they have workers who are classified as employees. These taxes that must be withheld and deposited with the IRS are known as payroll taxes. Any business that fails to withhold and deposit payroll taxes can be penalized by the IRS. If your business has concerns about payroll tax obligations or has been contacted by the IRS about a payroll tax issue, it is critical to contact a Naples payroll tax attorney as soon as possible.

What Are Payroll Tax Requirements

Businesses have specific tax obligations concerning employees, including particular withholding and deposit requirements. Employers do not have the same obligations for independent contractors who perform work or services for the business, but all workers must be properly classified, and for any worker who is an employee, the employer has withholding and deposit requirements. Even if a business erroneously classifies a worker as an independent contractor, the business is still responsible for tax obligations and must comply with tax requirements related to federal income tax, Social Security tax, Medicare tax, and Federal Unemployment tax. Specifically, businesses are required to withhold and deposit these taxes from employees, and these are all payroll taxes.

Businesses can violate payroll tax requirements when they misclassify employees as independent contractors and fail to withhold and deposit payroll taxes. Businesses can also violate payroll tax requirements if they fail to deposit taxes that have been withheld from employee paychecks. Regardless of whether a business violates payroll tax requirements intentionally or unintentionally, penalties can be steep.

Civil and Criminal Penalties for Payroll Tax Violations

Employers who violate payroll tax laws can face civil and criminal penalties depending on the circumstances. The U.S. Department of Justice explains that, when an employer willfully and intentionally fails to withhold taxes from an employee’s wages, or willfully and intentionally fails to deposit the taxes due to the IRS, criminal penalties can occur in addition to civil penalties. Intentionally misclassifying an employee as an independent contractor can also result in criminal enforcement actions in some circumstances. Even if an employer does not intentionally or willfully violate payroll tax requirements, that employer can face significant civil penalties.

Businesses in Naples can avoid both civil and criminal penalties by working with a tax lawyer to have a clear understanding of payroll tax obligations and to ensure that all requirements have been met.

Contact Ronald Cutler, P.A. for Assistance Today

Florida employers must withhold taxes from employee wages, account for withholdings, and deposit withheld taxes with the IRS. While employers are not required to withhold or deposit taxes for independent contractors, a misclassification of an employee can result in penalties. Whether you have questions about payroll tax compliance or you are facing an inquiry from the IRS, you should contact an experienced Naples payroll tax attorney at Ronald Cutler, P.A. for assistance.

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