Department of Justice Considers Personal Benefit an Important Factor in Prosecuting Employment Tax Cases
by Frank L. Brunetti on September 24, 2013
Since 2008, the U.S. economy has struggled and employers faced with the dilemma of either paying employees and vendors, or paying employment tax often chose the former. The belief is that they can always catch up. Unfortunately, I have seen many employers incur substantial tax liability for employment taxes, interest and penalties, and have found themselves personally liable.
The Department of Justice will now consider whether an individual personally benefited from employment taxes that were not properly withheld or paid as a key factor in considering whether it will criminally prosecute a case.
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