Employment Taxes

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Delinquent Employment Taxes

Delinquent Employment Taxes

What Should You Pay First: Debts to Business Creditors or Taxes?

Anyone with integrity hates to stiff those good enough to extend them credit. However, sometimes you have no choice.

A temporary but serious cash shortage problem may push you into a situation of having to prioritize your cash disbursements for a while.

Should you ever find yourself in this situation, paying your employment taxes first is absolutely a top priority!

The penalties and interest for failing to pay your taxes, particularly employment taxes, generally far exceed the late fees and extra interest you may have to pay on past-due bills from your creditors.

For example, the penalty for failure to pay trust fund taxes is 100% of the tax liability!

Businesses have been known to fail because of the heavy burden of having to come up with sufficient funds to pay delinquent taxes that were left unpaid for long periods of time.

Each month, when paying your bills, make sure your tax liabilities are at the top of the list!

Paying Past Due Taxes

When paying past due taxes include a letter to the IRS, along with your payment, that indicates you want your payment applied to the trust fund portion (federal income taxes and the employee's share of FICA taxes) first.

Include in your letter and on your check the following:

  1. Your employer identification number (EIN)
  2. The type of tax
    • For example, employment taxes are referred to as 941 taxes and include federal income taxes, social security, and Medicare taxes (referred to as FICA taxes- the employer's and employee's share).
  3. The period covered
    • For example, 4th quarter 2011.

In the memo area of your check write: Apply to trust fund portion.

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