Withdrawn taxes not sent in
We have recently been notified that the withholding taxes that a previuos employer had taken out of my husbands pay have not been paid to city tax department. Since they deducted the money are they responsible for the bill or are we responsible to pay ? and what recourse do we have against employer ?
We have not heard yet if state and federal taxes were paid...what is our position if these were deducted and never paid either ?
Thank you
2 Answers from Attorneys
Re: Withdrawn taxes not sent in
These are known as trust fund taxes. Once withheld you have no responsibilty to pay them as you already have. Each taxing authority must respect the w-2 that shows the taxes deducted. If the company doesn't issue a w-2, a substitute form should be attached to your return. Keep your pay stubs to give proof if challenged.
Re: Withdrawn taxes not sent in
Contact each taxing department to report it. They should pursue your husband's previous employer. You may need to show them proof of the withholding. The previous employer is responsible and the officers and directors may be personally responsible.
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