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    Payroll Tax liability

    As a preparer signing a 941, are we liable for the payroll taxes for the company we prepared the 941 for? My husband (who works in an accounting office of a large company) was once told that if a preparer signs the return they are liable for any discrepancies in the reporting and paying of the taxes. For example, if they paid other people that they didn't tell you about which would make the tax deposits and the 941 wrong.
    But logic tells me that if you compute the payroll, have them make the deposits and then you do the 941 based on the information that was given you, how could you be liable for something they didn't tell you they did?

    Reason for this question is that a motel opened recently and they got my name from one of my other clients. They only want me to do the payroll. He had me order checks last week and they will fax me the list of people to be paid with hours worked and hourly rate. I will compute the payroll and print the checks. I will set them up for EFTPS so that I know the tax deposits are made. Then I will do the 941's and state UC for them and w-2's at the end of the year.

    They do not want me to do the rest of the bookkeeping for them. He says he does it himself. "New business- trying to save money" - you know the story. Actually I don't think I want to do all of their bookkeeping. When the mother gets mad and starts yelling in Chinese, I get scared. They also have other businesses in another city and have an accountant there that is doing partnership returns. So they can take their end of year figures to her and let her keep doing the returns.
    They mainly wanted someone locally to do the payroll so they can get the checks right away.
    So will I have any liablity?

    Linda F

    #2
    TTB pg 23-7

    Read the story there related to the CPA who prepared payroll for a company. Basically, make sure you don't get signatory responsibility for their bank account and get a watertight engagement letter spelling out the services you will perform based on THEIR DATA. I do tons of payroll, and have E&O just in case, but I think you'll be OK. Just understand the sue, sue, sue mentality of our society and weigh your risk vs. the income.

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      #3
      Good story

      Thanks JoshinNC. That was helpful to read. I will not sign any checks or returns. I did plan to write out an engagement letter and have them sign it. I have never done that with my other clients but in this case, I feel it is necessary.

      Linda F

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        #4
        I do sign as the preparer on mine,

        but I do not take any signatory responsibility for bank/tax accounts. I also make payroll clients sign an engagement letter that says I am using THEIR information.

        Good luck!

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