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IRS Issues Advice on Outsourced Payroll

IRS Issues Advice on Outsourced Payroll
Posted February 7, 2006

The Internal Revenue Service (IRS) recently issued the following advice to those employers who outsource their payroll to third party service providers:

“Many employers outsource some of their payroll and related tax duties to third-party payroll service providers. They can help assure filing deadlines and deposit requirements are met and greatly streamline business operations.  Some of the services they provide are:

  • Administering payroll and employment taxes on behalf of the employer, where the employer provides the funds initially to the third-party.
  • Reporting, collecting and depositing employment taxes with state and federal authorities.

What This Means to You

Employers who outsource some or all of their payroll responsibilities should consider the following:

  • The employer is ultimately responsible for the deposit and payment of federal tax liabilities.  Even though the third-party is making the deposits, the employer is the responsible party.  If the third-party fails to make the federal tax payments, the IRS may assess penalties and interest on the employer's account.  The employer is liable for all taxes, penalties and interest due.  The employer may also be held personally liable for certain unpaid federal taxes.
  • If there are any issues with an account, the IRS will contact the employer.  IRS correspondence is sent to the address of record so it is strongly suggested that the address not be changed to that of the payroll service provider as it may significantly limit the employer's ability to be timely informed of tax matters involving their business.
  • For the employer's protection, the payroll service provider should be asked if they have a fiduciary bond in place.  This could protect the employer in the event of default.
  • Employers should ask the service provider to enroll in and use EFTPS (Electronic Federal Tax Payment System), so the employer can confirm payments made on their behalf.  EFTPS maintains a business's payment history for 16 months and can be viewed on-line after enrollment.  In addition businesses should enroll in EFTPS to make any additional tax payments that their third-party provider is not making on their behalf such as estimated tax payments.  The IRS recommends employers verify EFTPS payments as part of their bank account reconciliation process.”

EFTPS is secure, accurate, easy to use and provides an immediate confirmation for each transaction.  The service is offered free of charge from the U.S. Department of Treasury and enables employers to make and verify federal tax payments electronically 24 hours a day, 7 days a week through the Internet, or by phone.  For more information, employers can enroll online at www.eftps.gov, or call EFTPS Customer Service at 1-800-555-4477 for an enrollment form. 

There have been recent prosecutions of individuals and companies who have, acting under the guise of a service provider, stolen funds intended for payment of employment taxes.  For more information, visit the IRS Website and type in the key words ‘employment tax investigations.'  

Remember, employers are ultimately responsible for the payment of income tax withheld and both the employer and employee portions of social security and Medicare taxes.