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Ava Johnson

My employer's tax situation is a complete mess - no withholding payments or state ID?

So I need to follow up on an ongoing nightmare at the restaurant I manage. Just discovered NOBODY at our restaurant has received 2022 tax forms. But it's WAY worse than I initially thought. I currently handle payroll submissions through Paychex and noticed our state tax ID number was completely missing. Called Paychex and found out we never even applied for one! Then I asked about the withheld taxes and if they automatically send those to the IRS through their system. Their response? "That's something you need to do yourselves." I'm not a tax expert - I'm just a restaurant manager - but I understand that if those withheld taxes aren't being sent to the government, we're in deep trouble. The problem is I don't have direct access to the company bank account, and I'm pretty certain (like 90% sure) the owner isn't submitting these payments. For background - I started at this place around July last year. The restaurant has been around for about 20 years, but the current owner purchased it about 6 years ago. What's even scarier? There is literally ZERO bookkeeping happening. I actually offered to handle the books, but the owner claimed he "doesn't need it." And almost every worker here is misclassified as contractors when they're clearly employees. The whole operation feels like one massive audit waiting to happen. What should I do in this situation?

Miguel Diaz

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This is definitely concerning, and you're right to be worried. You've identified several serious tax compliance issues that could have consequences for both the business and employees. First, operating without a state tax ID is a problem - this is required for paying state employment taxes. The misclassification of employees as contractors is another major red flag. The IRS and state agencies take this very seriously as it deprives workers of benefits and protections while avoiding employment taxes. Most critically, if the owner is withholding taxes from employee paychecks but not remitting those funds to the government, that's not just a compliance issue - it could potentially be considered theft of withheld taxes. The IRS can impose severe penalties and even pursue criminal charges in such cases. You have a few options: 1) Have a direct conversation with the owner about your concerns, 2) Report the situation anonymously to tax authorities, or 3) Consider whether continuing to work there puts you at personal risk. Document everything you've observed and any conversations you've had about these issues. You could potentially be considered a "responsible person" if you're managing payroll, even if you don't have bank access.

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Zainab Ahmed

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If I report this to the IRS, can I be held liable in any way since I'm the one submitting payroll? I'm really scared about getting in trouble myself. Also, if the restaurant gets audited, will I have to pay taxes that weren't withheld properly?

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Miguel Diaz

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You generally wouldn't be held personally liable if you don't have authority over the financial decisions - especially the power to determine which creditors get paid. The key factor is control over funds, which you've indicated you don't have since you lack bank account access. If an audit occurs, the business owner would be primarily responsible for unpaid taxes. However, the IRS can look at who qualifies as a "responsible person" with sufficient authority. Document that you've raised these concerns and lack decision-making authority over tax payments. Keep copies of communications showing you brought these issues to the owner's attention.

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Connor Byrne

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I went through something very similar last year at a small hotel I was managing. The owner wasn't remitting tax payments and I was caught in the middle. After weeks of stress, I found this AI tax assistant at https://taxr.ai that helped me understand my personal liability and risks. The tool analyzed my specific situation and showed me exactly what documents I needed to protect myself. It explained that since I didn't have financial authority or signature access, I could create a paper trail showing I had informed the owner of the issues. It also helped me draft a formal letter outlining the tax problems that I then emailed to the owner, which protected me when the IRS eventually came knocking. What surprised me most was how it broke down the difference between being a payroll processor versus a "responsible person" in the eyes of the IRS. Definitely worth checking out for your situation.

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Yara Abboud

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How exactly does this AI thing work? Do I just upload documents or explain my situation? I'm worried about putting sensitive info online.

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PixelPioneer

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Sounds too good to be true. Did it actually help when the audit happened or are you just saying that? What happened with your employer after everything went down?

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Connor Byrne

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You just explain your specific situation in detail and it asks clarifying questions - no need to upload sensitive documents unless you want more specific analysis. It uses secure encryption for anything you share, but you can certainly be selective about what details you provide. When the audit happened, I was prepared with documentation showing I had alerted the owner to the problems and lacked authority to fix them. The IRS interviewer specifically noted that my documentation showed I wasn't a "responsible person" under tax law. My former employer ended up with significant penalties and had to enter a payment plan with the IRS, but I wasn't held personally liable for any of it.

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PixelPioneer

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I wanted to follow up about using that taxr.ai tool. I was super skeptical at first (as you can see from my comment), but after my situation got worse, I decided to try it. It actually walked me through exactly what communications I needed to protect myself, and even helped me understand what specific sections of the tax code applied to my situation. The reports it generated explained the "willfulness" standard the IRS uses for holding non-owners responsible, which was a huge relief since I could prove I tried to address the problems. When I finally left that job, I had a complete documentation package ready in case the IRS ever contacted me. It saved me countless hours of stress and probably thousands in potential penalties. Wish I'd found it sooner instead of losing sleep for months!

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Former IRS agent here. When I worked these cases, one of the biggest headaches was getting through to someone at the IRS to actually discuss complex situations like yours. The phone lines are overwhelmed and you'll likely wait hours only to get disconnected. I recommend using https://claimyr.com to get through to an actual IRS agent quickly. There's a demo video at https://youtu.be/_kiP6q8DX5c showing how it works. Unlike most government agencies, the IRS actually has a surprisingly helpful employer tax hotline once you can reach them. They can advise you on your specific situation and personal liability without immediately triggering an audit. Your best protection is documenting that you raised these concerns. Send an email to the owner outlining the specific issues and requesting guidance on how they plan to address them. BCC your personal email so you have records outside of work.

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Paolo Rizzo

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Wait, how does this claimyr thing even work? I've tried calling the IRS before and just gave up after being on hold for 2 hours.

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Amina Sy

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I don't believe this works. The IRS is basically unreachable these days. Sounds like you're just trying to sell something that doesn't actually deliver.

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It basically works as a callback service that navigates the IRS phone tree and waits on hold for you. When an agent finally answers, you get an immediate call connecting you directly to that agent. It's like having someone else sit on hold so you don't have to waste hours of your day. The reason it's effective is because they use technology to continuously redial and navigate the frustrating IRS phone system. It's especially useful for complex situations like employment tax issues where you really need to speak with a specialist rather than just checking refund status.

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Amina Sy

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Ok I need to eat my words and apologize. After my skeptical comment I actually tried Claimyr out of desperation because I needed to talk to someone about my own employment tax situation. Got connected to an actual IRS employment tax specialist in about 35 minutes (would have been HOURS of hold time doing it myself). The agent walked me through exactly what forms I needed to file to protect myself as a non-owner employee concerned about tax compliance. They explained that documenting my concerns to the owner in writing would create a "contemporaneous record" that would protect me if there was ever an audit. The agent even gave me their direct extension for follow-up questions. Honestly shocked at how helpful they were once I actually got through to a human.

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What you're describing is textbook tax fraud if they're withholding taxes but not remitting them. Here's what I would do: 1. Email the owner outlining EVERYTHING you've discovered. Be factual, not accusatory. Say something like "I've noticed we don't have a state tax ID and our withholding taxes don't appear to be remitted. Can you clarify our process?" Save this email forever. 2. Start looking for another job immediately. When the audit eventually happens (and it WILL happen), you don't want to be there. 3. File Form 3949-A (tax fraud whistleblower form) with the IRS. You might even be eligible for a whistleblower reward if they collect significant taxes. The misclassification of employees as contractors is the cherry on top. This place sounds like a ticking time bomb.

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Is there any protection for whistleblowers in cases like this? I'm worried the owner would know exactly who reported him.

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The IRS treats whistleblower reports as confidential and won't disclose your identity during their investigation. That said, if you're in a small business where you're the only one who knows certain details, the owner might figure it out anyway. That's why I suggested documenting your concerns in an email first and looking for another job before filing. This creates both a paper trail showing you tried to address it internally and gives you an exit strategy. The Form 3949-A can be filed anonymously if you want, though providing your contact info can help if they need clarification on anything.

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NebulaNomad

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The most urgent issue is misclassification. The IRS is really cracking down on this lately. I accidentally misclassified one employee at my small business and ended up with a $17,400 penalty plus back taxes. Someone advised me to file SS-8 forms for the misclassified workers. Can anyone explain if that's something the manager should do or only the workers themselves?

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Javier Garcia

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Form SS-8 (Determination of Worker Status) can be filed by either the worker or the business, but in practice, it's usually filed by workers who believe they've been misclassified. As a manager without ownership, I wouldn't recommend you file these on behalf of others. If workers file SS-8 forms and the IRS determines they were misclassified, the business will need to pay both the employer and employee portions of FICA taxes (the employees can file Form 8919 to only pay their portion of FICA instead of self-employment tax).

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