Businesses often have cash flow problems which may result in the business failing to pay the IRS the taxes required to be withheld from employee wages in a timely manner or at all. If an employer is willfully failing to withhold taxes or to pay those taxes to the IRS, the company as well as the owner and key employees involved in financial matters for the company, can be charged with the criminal offense of failure to collect or pay taxes under 26U.S.C. section 7202. The government will prosecute the owner or responsible person who willfully failed to collect and pay the moneys withheld for taxes, social security, and Medicare.
In order for the IRS to bring a criminal case for failure to pay withholding tax, it must prove that it was an intentional violation of the law, not a mistake.
As your Orlando defense lawyers, we will develop all appropriate defenses including any violations on your part that were not intentional, or that you were not the person responsible for withholding from employees and paying the withholding taxes to the IRS. Our first goal is to avoid prosecution and, if prosecution is unavoidable, to minimize the impact of any potential sentence.
Talk to an attorney at the Law Offices of Horwitz & Citro, P.A., today and learn how we can help you avoid prosecution. Call us at (407) 901-5852 or fill out our online form.
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