QUESTION
What would be the legal recourse if I found out that a company is not paying the IRS?
Asked on Dec 22nd, 2013 on Taxation - Oregon
More details to this question:
If my employer is not paying several employees over several years, there are overtime pay no matter how deminimis it might be, but yet claiming that company paid for those hours to the IRS. Would that be considered some type of fraud against the IRS?
3 ANSWERS
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Yes, see an attorney to confirm your opinion and evidence, as well as protecting yourself.
Answered on Dec 26th, 2013 at 3:41 AM
The amounts reported to the IRS should equal wages paid to all employees. The company has to pay payroll taxes on wages reported. It does not make sense that a company would want to overstate wages reported to the IRS because it increases their tax liability. It is another issue whether you have a claim for unpaid overtime.
Answered on Dec 24th, 2013 at 10:56 PM
Not only the IRS but also the state and federal wage and hour agencies.
Answered on Dec 24th, 2013 at 10:47 PM