Employment Tax Evasion Lawyers
What Is Employment Tax Evasion?
Federal law requires employers to withhold federal income tax, Social Security and Medicare taxes from their employees' paychecks and send the money to the Internal Revenue Service (IRS). Federal and state laws also require businesses to pay an additional unemployment tax. An employer's failure to pay these taxes to the IRS is employment tax evasion.
How Does an Employee Know Whether or Not an Employer is Evading Taxes?
There are several ways an employee can determine whether an employer is paying taxes withheld from paychecks:
- Paycheck stubs should have lines reporting which taxes have been withheld
- W-2 and tax statements should show which taxes have been withheld
If the employer is not withholding taxes from the employee, the employee is ultimately responsible for paying those taxes.
What Happens if an Employer is Convicted of Employment Tax Evasion?
Employers who fail to pay taxes or to properly report taxes face criminal and civil sanctions, including fines and even prison time.
Can an Employee Be Held Liable for Employment Tax Evasion?
If an employer fails to pay employment taxes, and the IRS is unable to collect these taxes from the employer, the employee is ultimately responsible for his or her share of the federal income tax and Social Security and Medicare taxes.
An employer's failure to report or pay taxes to the IRS ultimately hurts the employee, who may not be able to claim Social Security, Medicare or unemployment benefits in the future.
What if I am Self-Employed?
Individuals who are self-employed must still pay federal income tax, Social Security and Medicare taxes. Self-employed persons who engage in employment tax evasion are also subject to criminal and civil penalties.
What Should I Do if I am Accused of Tax Evasion?
If you have been accused of Tax Evasion or you are facing an audit, you should speak to a tax lawyer immediately to learn more about your rights, your defenses and the complicated legal system.
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Last Modified: 11-11-2011 04:01 PM PST
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