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New York Payroll Tax Fraud Lawyer
Payroll Tax Fraud: What You Need to Know
Payroll tax fraud involves deliberate actions to falsify or misrepresent payroll taxes associated with wages earned. This falsified information is reported on either the state level, the federal level or both. Typically payroll taxes are due to both the Internal Revenue Service (IRS) as well as to the state of New York. Payroll tax fraud is also referred to as a form of tax evasion in that the person involved has performed such acts with the intent to evade paying the appropriate amount of payroll taxes. These acts can occur by an employer, an employee or a tax preparer. It involves allegations that have very serious consequences if one is found guilty.
Being found guilty of payroll tax fraud can result in fines and penalties, more serious criminal charges and even incarceration. The following are typical payroll tax fraud cases along with what you can do if you are charged with such issues.
What is Payroll Tax Fraud?
Payroll tax fraud involves deliberate actions to falsify or misrepresent payroll taxes associated with wages earned. This falsified information is reported on either the state level, the federal level or both. Typically payroll taxes are due to both the Internal Revenue Service (IRS) as well as to the state of New York. Payroll tax fraud is also referred to as a form of tax evasion in that the person involved has performed such acts with the intent to evade paying the appropriate amount of payroll taxes. These acts can occur by an employer, an employee or a tax preparer. It involves allegations that have very serious consequences if one is found guilty.
Who Can Commit Payroll Tax Fraud?
| Perpetrator | How Fraud is Committed |
|---|---|
| Employees | Misrepresent payroll records on W-4 forms to reduce taxes owed |
| Employers | Falsify payroll tax returns; create fake employee records |
| Tax Preparers | Intentionally falsify or alter payroll tax information on returns |
Consequences of Being Found Guilty
Being found guilty of payroll tax fraud can result in fines and penalties, more serious criminal charges and even incarceration. The following are typical payroll tax fraud cases along with what you can do if you are charged with such issues.
Potential Penalties for Payroll Tax Fraud
| Consequence | Description |
|---|---|
| Fines and Penalties | Significant financial penalties from IRS and state of New York |
| Criminal Charges | Serious criminal charges for tax evasion |
| Incarceration | Jail time depending on severity of fraud |
| License Revocation | For tax preparers, loss of professional licensing |
| Restitution | Required to pay back all unpaid taxes plus interest |
1. Consult with an Attorney
If you are involved with payroll tax fraud in any way it is important that you seek the guidance of an experienced attorney who specializes in payroll tax fraud issues. This should take place as soon as possible. It will allow you to reduce the risk associated with such allegations and if needed, obtain legal representation as quickly as possible. An experienced attorney can evaluate your case and determine what needs to take place to protect your rights and your legal interest.
Why Immediate Legal Consultation is Critical
- Reduce risk associated with allegations
- Obtain legal representation as quickly as possible
- Evaluate your case and determine next steps
- Protect your rights and legal interests
- Work with IRS and state authorities on your behalf
- Help gather necessary evidence
2. Gather Evidence That Support Your Claim
You will need to work very closely with your attorney and obtain all necessary supporting documents that are associated with your case. They can be used to help your attorney best represent and settle your case in your favor. This can be a relatively simple task or it can be very complicated depending on how many years are involved with the alleged payroll tax fraud. For example, wages and salaries may have been reported inappropriately years prior to the allegations that are being made against you which requires more research.
Supporting Documents You May Need
| Document Type | Why It’s Needed |
|---|---|
| W-4 Forms | Shows employee withholding elections and potential misrepresentations |
| W-2 Forms | Annual wage statements; shows reported wages and taxes withheld |
| Payroll Tax Returns | Federal and state returns filed by employer |
| Employee Payroll Records | Documentation of wages earned, taxes withheld, and payments made |
| Bank Statements | Proof of actual payments made to IRS and state |
| Personal Income Tax Returns | Individual returns showing reported wages and taxes paid |
| Historical Records | May need records from years prior to current allegations |
This can be a relatively simple task or it can be very complicated depending on how many years are involved with the alleged payroll tax fraud. For example, wages and salaries may have been reported inappropriately years prior to the allegations that are being made against you which requires more research.
3. Payroll Tax Fraud Committed by Employees
There are times when payroll tax fraud is performed by an employee. This typically takes place when an employee misrepresents their employee payroll records to reduce the amount of payroll taxes owed. This often takes place when an employee completes their W-4 form. This is the form that employees submit to employers so the proper amount of income tax can be withheld from the employee’s paycheck. This is important because these withholdings must be paid to the IRS and the state of New York on a monthly, quarterly, or an annual basis. At the end of the year employers issues a W-2 form to their employees. If fraud has been committed by the employee, the W-2 form will also have misrepresented taxes reported. W2s are also used personal income taxes are prepared. When employees falsify their payroll tax information, it creates a snowball effect that also results in employers reporting and paying the incorrect amount of payroll taxes as well. This happens because employers are required to match certain employee payroll taxes (mainly FICA Taxes). If the employee’s payroll taxes are incorrect, then the employer’s payroll taxes are reported inaccurately as well. Hence, payroll tax fraud committed by employees impacts their payroll taxes that they’re responsible for and the payroll taxes that the employer is responsible for also.
How Employee Fraud Works
| Step | What Happens | Impact |
|---|---|---|
| 1. Employee Completes W-4 | Employee misrepresents their W-4 form to reduce withholdings | Less tax withheld from paycheck than should be |
| 2. Employer Withholds Taxes | Employer withholds based on fraudulent W-4 information | Incorrect amount sent to IRS and state |
| 3. Employer Issues W-2 | W-2 form reflects misrepresented taxes | False information used on personal income tax returns |
| 4. Employer Matches Taxes | Employer required to match certain payroll taxes (mainly FICA) | Employer’s payroll taxes also reported inaccurately |
| 5. Snowball Effect | Employee fraud impacts both employee and employer taxes | Both parties may face penalties |
The Snowball Effect of Employee Fraud
When employees falsify their payroll tax information, it creates a snowball effect that also results in employers reporting and paying the incorrect amount of payroll taxes as well. This happens because employers are required to match certain employee payroll taxes (mainly FICA Taxes). If the employee’s payroll taxes are incorrect, then the employer’s payroll taxes are reported inaccurately as well. Hence, payroll tax fraud committed by employees impacts their payroll taxes that they’re responsible for and the payroll taxes that the employer is responsible for also.
4. Payroll Tax Fraud Committed by Employers
Payroll tax fraud that has been committed by employers often takes place when employers falsify payroll tax returns with the intent to reduce the amount of payroll taxes they are liable for. To that end, employers have also been known to create fake employee records in an effort to receive employee wage benefits and compensation. These actions require the legal expertise of an attorney that specializes in this area of law.
Common Types of Employer Fraud
| Type of Fraud | How It Works | Purpose |
|---|---|---|
| Falsifying Payroll Tax Returns | Employer deliberately reports incorrect information on tax returns | Reduce amount of payroll taxes owed to IRS and state |
| Creating Fake Employee Records | Employer invents fictitious employees | Receive employee wage benefits and compensation fraudulently |
| Underreporting Wages | Employer reports lower wages than actually paid | Reduce payroll tax liability |
| Misclassifying Employees | Classify employees as independent contractors | Avoid paying employer portion of payroll taxes |
These actions require the legal expertise of an attorney that specializes in this area of law.
5. Payroll Tax Fraud Committed by Tax Preparers
Payroll tax fraud committed by tax preparers takes place when preparers intentionally falsify or alter payroll tax information when preparing tax returns. This act can take place on behalf of employers by falsifying information reported on payroll tax returns or state monthly, quarterly or annual payroll tax filings. They can also falsify individual employee taxes by modifying their wages earned or taxes paid on their personal income tax returns. This could result in the revocation of any licensing, penalties, fines or imprisonment.
How Tax Preparer Fraud Works
| Target | Fraudulent Actions | Consequences |
|---|---|---|
| Employer Tax Returns | Falsify information on payroll tax returns or state filings (monthly, quarterly, annual) |
|
| Individual Employee Returns | Modify wages earned or taxes paid on personal income tax returns | |
| Both Employer and Employee | Intentionally falsify or alter payroll tax information for multiple clients |
What to do Next
If you have allegedly been charged with payroll tax fraud, the burden of proof is on you to settle your case in your favor. You will need the legal expertise of an experienced attorney to advise you on the next steps to take based on your particular payroll tax issues. This will have a lot to do with whether the opposing party is cooperating or not. Additionally, your attorney may be required to communicate with a judge or the district attorney on your behalf in an effort to settle any criminal fraud charges.
Steps to Take If Charged with Payroll Tax Fraud
| Step | Action Required |
|---|---|
| 1 | Consult with an attorney immediately who specializes in payroll tax fraud |
| 2 | Gather all supporting documents and evidence |
| 3 | Work closely with attorney to evaluate your case |
| 4 | Determine if opposing party is cooperating |
| 5 | Allow attorney to communicate with judge or district attorney on your behalf |
| 6 | Work to settle any criminal fraud charges |
| 7 | Understand burden of proof is on you to settle case in your favor |
What Your Attorney Can Do
- Advise you on next steps based on your particular payroll tax issues
- Evaluate whether opposing party is cooperating
- Communicate with judge or district attorney on your behalf
- Work to settle any criminal fraud charges
- Help gather and organize supporting evidence
- Protect your rights and legal interests throughout process
- Negotiate with IRS and state authorities
Understanding the Burden of Proof
If you have allegedly been charged with payroll tax fraud, the burden of proof is on you to settle your case in your favor. You will need the legal expertise of an experienced attorney to advise you on the next steps to take based on your particular payroll tax issues.
Types of Payroll Tax Fraud: Complete Overview
| Perpetrator | Common Fraud Methods | Who Gets Hurt |
|---|---|---|
| Employees |
| IRS, state of New York, and employer (due to snowball effect) |
| Employers |
| IRS, state of New York, and legitimate employees |
| Tax Preparers |
| IRS, state of New York, employers, and employees who trusted preparer |
Employee vs. Employer Tax Responsibilities
| Responsibility | Employee | Employer |
|---|---|---|
| W-4 Form | Complete accurately to ensure proper withholding | Use to withhold correct amount from paychecks |
| Withholding Taxes | Ensure enough withheld to cover tax liability | Withhold and remit to IRS and state (monthly, quarterly, or annually) |
| FICA Taxes | Pay employee portion through withholding | Match employee’s FICA tax contributions |
| W-2 Form | Use to prepare personal income tax return | Issue to employees at end of year showing wages and taxes withheld |
| Reporting | Report wages and taxes on personal income tax return | File payroll tax returns with IRS and state of New York |
The Snowball Effect Explained
When employees falsify their payroll tax information, it creates a snowball effect that also results in employers reporting and paying the incorrect amount of payroll taxes as well. This happens because employers are required to match certain employee payroll taxes (mainly FICA Taxes). If the employee’s payroll taxes are incorrect, then the employer’s payroll taxes are reported inaccurately as well. Hence, payroll tax fraud committed by employees impacts their payroll taxes that they’re responsible for and the payroll taxes that the employer is responsible for also.
Key Takeaways About Payroll Tax Fraud
- Payroll tax fraud involves deliberate falsification or misrepresentation of payroll taxes
- Reported to IRS and state of New York on federal and state levels
- Also referred to as tax evasion when intent to evade taxes is proven
- Can be committed by employees, employers, or tax preparers
- Consequences include fines, penalties, criminal charges, and incarceration
- Must consult with attorney immediately if charged with payroll tax fraud
- Gather all supporting documents including W-4s, W-2s, payroll records, tax returns
- Employee fraud creates snowball effect affecting employer taxes due to FICA matching requirement
- Employer fraud includes falsifying returns and creating fake employee records
- Tax preparer fraud can result in license revocation, fines, and imprisonment
- Burden of proof is on you to settle case in your favor
- Attorney may need to communicate with judge or district attorney on your behalf
Why Immediate Action is Critical
If you are involved with payroll tax fraud in any way it is important that you seek the guidance of an experienced attorney who specializes in payroll tax fraud issues. This should take place as soon as possible. It will allow you to reduce the risk associated with such allegations and if needed, obtain legal representation as quickly as possible. An experienced attorney can evaluate your case and determine what needs to take place to protect your rights and your legal interest.
Timeline Matters
- Immediate consultation reduces risk of additional penalties
- Quick evidence gathering preserves crucial documentation
- Early legal strategy improves chances of favorable outcome
- Prompt cooperation with authorities may reduce severity of charges
- Attorney communication prevents inadvertent self-incrimination
Working with Your Attorney
You will need to work very closely with your attorney and obtain all necessary supporting documents that are associated with your case. They can be used to help your attorney best represent and settle your case in your favor. This can be a relatively simple task or it can be very complicated depending on how many years are involved with the alleged payroll tax fraud. For example, wages and salaries may have been reported inappropriately years prior to the allegations that are being made against you which requires more research.
Don’t Face These Charges Alone
If you have allegedly been charged with payroll tax fraud, the burden of proof is on you to settle your case in your favor. You will need the legal expertise of an experienced attorney to advise you on the next steps to take based on your particular payroll tax issues. This will have a lot to do with whether the opposing party is cooperating or not. Additionally, your attorney may be required to communicate with a judge or the district attorney on your behalf in an effort to settle any criminal fraud charges.
Being found guilty of payroll tax fraud can result in fines and penalties, more serious criminal charges and even incarceration. Don’t wait – consult with an experienced attorney immediately to protect your rights and your future.
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