January 6, 2022
Corporations are obligated to pay a number of taxes, including payroll taxes, sales and use taxes, and income taxes. If they fall behind or fail to pay these taxes, the IRS will come calling and could levy fines and penalties. Typically, people believe that any person in the company who is required to collect, pay over, or financially account for taxes paid to the IRS may be held liable for the failure of payment. However, it is not solely the responsibility of those in charge of finances to be held liable for errors not made by them. Believing in such myths and misconceptions, you find online can severely hamper you. In order to help you steer clear of this misconception, Christopher G Carmona CPA, APC , has debunked this widely believed legal myth in the accounting industry. Myth: It is the responsibility of the person in charge of finances to handle unpaid taxes As you have probably noticed, anyone who is involved in the finances of the employer and who has the ability to determine which creditors are paid may be deemed responsible for any unpaid taxes. This, however, isn’t true. Whether someone will be held liable is based on specific facts and circumstances. The list of the usual employees deemed responsible include: Sole proprietors: For a sole proprietorship, the business and the owner are the same. The owner owns all the business’ assets and liabilities. The IRS does not tax the business itself, but rather it taxes the business owner’s income. As such, if there are any back taxes owed, the business owner is solely liable. Partners: Partnerships are treated very similarly to sole proprietorships. The partnership itself isn’t taxed; rather, the partnership’s income is “passed through” to the partners, who are then individually taxed on their income. Partners in a partnership are then responsible for their own back taxes. Bookkeepers: If possible, refrain from designating bookkeepers as authorized check signers or, at the very least, ensure that either a supervisor or a corporate officer has to sign checks. If you are a business owner who performs your bookkeeping, then you may not be able to claim that you have no decision-making authority or did not know the taxes were due. Instead, protect yourself from personal liability by understanding the risks associated with the role. Lenders/creditors: Any financial body you borrow money from is not responsible for your unpaid taxes. Your lenders/creditors are not all Shylocks. Many are blue-collar workers whose pensions or retirement plans depend in part upon debt investment. It is tempting, in difficult times, to condemn those who make our very choices possible. But, it is still legally not their responsibility to deal with your tax liability. Accounting firms: If you pay someone to prepare your tax return, whether it be a tax preparation service or a professional accountant, you are still a hundred percent responsible for the accuracy of your return. And, if you fail to disclose income on your return, not only will you be liable for the tax owing on this undisclosed income, plus arrears interest, you could also be hit with a “gross negligence” penalty. But, it may be possible to recoup fines and fees from your accounting firm in certain situations. If your accountant refuses to fix any errors made by them or reimburse you for IRS penalties, you may be able to sue your accountant for malpractice and claim those penalties as damages. Parent companies: A parent entity can be liable for the debts of an insolvent subsidiary under specific doctrines that include common law principles such as alter ego, piercing the corporate veil, single business enterprise, agency. They can also be held liable based on state corporate and creditors’ rights laws, federal bankruptcy laws for fraudulent or preferential transfers of subsidiary assets, substantive consolidation in bankruptcy, and “Control group” state and federal liability statutes. Purchasing companies: A purchaser may be held liable for the amount of the seller’s unpaid sales tax, up to the higher sales price or fair market value of the acquired assets. To protect purchasers, many states have implemented a notification procedure through which a purchaser notifies the state’s taxing authority regarding the transaction. Upon receiving such a notification, the state authorities review the seller’s sales tax account for any unpaid tax. If any liability exists, the state will commence a collection action before the asset purchase is completed. The notification procedure ensures the seller’s payment of any outstanding sales tax and protects the purchaser from successor liability. If you’re looking to steer clear of this and other accounting myths like this, reach out to Christopher G Carmona CPA, APC . As a leading Certified Public Accountant in Diamond Bar, Los Angeles County, I ensure that I put your needs above everything else. If you’ve received an IRS letter, or other tax correspondence from the IRS, a state agency, or a local agency, it can be difficult to know what to do next. I represent clients who owe IRS penalties, interest, and taxes. I also help you and your company out in case you have become victims of fraud. I offer my services across Diamond Bar, Los Angeles, Oceanside, Orange County, Riverside County, San Diego County, and the surrounding areas. For a complete list of my services, please click here . If you have any questions about my services, I’d love to hear from you. Please contact me here .