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Avoiding, Reducing, and Mitigating Payroll Tax Penalties

The IRS imposes multiple penalties when errors are made on payroll tax returns, if payroll tax returns are filed late, or tax deposits arenít made on time. Penalties can also stem from errors in classifying workers as independent contractors who are actually employees. In the case of non-payment of payroll taxes, the IRS can and will pursue; responsible officers; including corporate officers, shareholders, and directors and in some cases even CPAs, and bookkeepers.

Learn how to reduce penalties and interest imposed by reducing employment taxes in the first place, as well as the defenses available to both late payment, and late filing of payroll tax returns. We will discuss various programs offered by the IRS to eliminate interest, penalties and taxes where worker classification errors were made on the original payroll tax returns. We will also discuss various IRS procedures to dispute any penalties that have been imposed.

Learning Objectives:

  • You will be able to discuss reduction of penalties by reducing the number of individuals treated as employees.
  • You will be able to explain reduction of tax and penalty through IRS programs.
  • You will be able to identify reasonable cause as a defense.
  • You will be able to review procedures for disputing penalties.

Runtime: 85 minutes
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The Stakes

  • Failure to Deposit Penalty
  • Failure to Pay Penalty
  • Late Filing Penalty
  • Interest
  • Personal Liability

Reduction of Penalties by Reducing the Number of Individuals Treated as Employees

  • Classification Issues
  • Common Law
  • Safe Harbor Rules

Reduction of Tax and Penalty Through IRS Programs

  • Classification Settlement Program
  • Voluntary Classification Settlement Program
  • First Time Abate Procedure

Reasonable Cause as a Defense

  • Lack of Funds
  • Embezzlement by Employees
  • Embezzlement or Non-Payment by Payroll Company
  • Reliance on Professional Advice

Reduced Rates for Calculating the Amount of Tax, Interest and Penalty Paid

  • Internal Revenue Code Section 6205--Interest Free
  • Adjustments
  • Internal Revenue Code Sections 3402(D) and 6521 - Worker Offsets

The Trust Fund Recovery Penalty

  • Who Is Liable
  • Rights of Indemnity
  • Defenses

Procedures for Disputing Penalties

  • Requests for Abatement
  • Collection Due Process Hearings
  • Appeals Hearings
  • Lawsuits
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

No credit available.

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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Dennis Brager

Dennis Brager

Brager Tax Law Group

  • Founder of the Brager Tax Law Group Ė a worldwide practice limited to representing clients having criminal and civil disputes with the IRS, the California Franchise Tax Board, the State Board of Equalization and the Employment Development Department
  • Former Senior Trial Attorney for the Internal Revenue Serviceís Office of Chief Counsel
  • California State Bar Certified Tax Specialist
  • Frequent lecturer at the UCLA Tax Controversy Institute and University of Southern California
  • Appeared on ABCís Television show Good Morning America, Fox Business News, KFWB Money 101, and KABCís The Larry Elder Show
  • Author of articles that have appeared in California Lawyer, Daily Journal, Taxation for Lawyers, Los Angeles Lawyer, The Consumer Advocate, Family Law News, California Tax Lawyer, Journal of Tax Practice and Procedure, Journal of Tax Investments, and Marijuana Venture
  • Quoted as a tax expert by Business Week, The Daily Journal, The Daily Beast, USA Today, Tax Analyst, The Chicago Tribune, CNN Money, Bloomberg BNA, Accounting Today, Tax Notes Today, and The National Law Journal
  • Former chair of both the Tax Compliance, Procedure and Litigation Committee of the Los Angeles County Bar Association and the California State Bar, Tax Procedure and Litigation Committee
  • Can be contacted at 310-208-6200 or www.bragertaxlaw.com
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Why Lorman?

Over 30 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 389120
Published 2014
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