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What are GA employer and employee IRS tax responsibilities?

For employers and employees in Georgia, it is important to understand the laws when it comes to tax enforcement and the consequences for failing to adhere to them. The employer and employee share in the responsibility of taking out and paying taxes to the IRS. In most circumstances, the employer will withhold taxes, so the employee does not have to worry about it, but this is not always the case. The employee needs to be aware of this and make the adequate payments to avoid criminal tax violations and the consequences.

Employers are required to file a report about taxes and income that were withheld. They must be placed into a financial institution that is authorized according to the governmental requirements. This must be done annually. If there is a violation of this law, there is the potential for tax enforcement to pursue the employer. As for employees, there is a responsibility to pay taxes or have them automatically taken out of their paychecks.

If there is a concern that the employer is not accurately withholding the payments, contacting the IRS can provide information as to what to do. Even if the employer does not want to withhold taxes, the employee will be responsible for them. There are instances in which the employer might withhold the taxes and fail to deposit them in an accredited federal institution. The employer can contact the IRS for the proper procedure in this situation as well.

Both employers and employees can face severe penalties if they evade employment taxes. There can be civil penalties as well as criminal penalties for an employer who willfully fails to pay the required taxes for employees. The employees, for their part, might not have the benefits of unemployment, Social Security and Medicare if taxes are not paid. When there is a concern about failure to collect taxes or other issues, the employee or employer could be subject to legal problems with the IRS. Any concern can be discussed with a qualified legal professional for a greater understanding of criminal tax violations.

Source: IRS.gov, "Employer and Employee Responsibilities - Employment Tax Enforcement," accessed on Nov. 2, 2014

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

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