I do payroll for some of my clients. And of course when it is time for a workers comp audit, the auditors come to my office. Do I need a 7216 consent form to show the 941 returns to the auditor?
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TTB 15-3Originally posted by Y2KEA View Post
Since a 941 is a tax return and has numbers on it. I'm betting yes. But maybe someone will jump in if there is some exception for payroll forms.Tax return information is any information on the return,
including a taxpayer’s name, address, and Social Security number,
which is furnished in connection with the preparation of a tax return. It
includes information that the taxpayer furnishes and information furnished
by a third party. Tax return information includes information the tax return
preparer derives or generates in connection with the preparation of the tax
return. It also includes information from the IRS in connection with the processing
of a return, such as an acknowledgment of acceptance or notice
of rejection of an electronically filed return.JG -
If this is applicable to payroll tax returns, I don't see a problem getting consent from the employer. However the problem I do see is that the WC auditors also want a copy of the state forms. These contain the name & SS# of all employees with amounts paid during the period. So I suppose I now need a consent form from all employees. Would anyone agree with this or am I just being paranoid?
While it is still early in the tax season, I am already losing my mind.Comment
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I think (not positive, but seems reasonable to me) that if you get a release from the employer - then the employer has the right to allow the forms (through you) to be used.JGComment
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