Dec 30, 2022

Your Tax Obligations As an Employer

Payroll administration is complex, so you've outsourced the process to a third-party payroll provider. But that doesn't relieve you of your responsibilities. Make sure you're following your legal obligations no matter what your situation.

 

You need time and energy to run and grow your business, so you've outsourced your payroll process. You decided to go with a third-party payroll provider to handle some or all of your employment tax duties.

This move lightens your workload, assuming that your payroll provider is reputable and reliable and meets filing deadlines and deposit requirements. But you can't just hire a provider and forget about it — you still have to take legal responsibility for your company.

Your tax responsibility depends on the type of service you use. You're never completely off the hook. You either have sole responsibility or become jointly liable, depending on the third-party arrangement you make.

A payroll service provider typically prepares employment tax returns for signature by you, processing the withholding, deposit and payment of employment taxes. You authorize the provider to:

  • Prepare employee paychecks as well as your required Forms 940 and 941, using your Employer Identification Number.
  • File those forms after you've signed them.
  • Make federal tax deposits and federal tax payments.
  • Prepare W-2 forms for your employees using your EIN.

Using a payroll processor doesn't relieve you of employment tax responsibilities. The provider assumes no liability for employment tax withholding, reporting, payment or filing duties.

A reporting agent can sign employment tax forms on your behalf. You need to complete Form 8655, Reporting Agent Authorization. A reporting agent assumes no liability for employment tax withholding, reporting, payment or filing duties.

A Section 3504 agent is appointed as an agent under the Internal Revenue Code. Wages can be paid by the agent through Form 2678, Employer/Payer Appointment of Agent. Your Section 3504 agent assumes liability along with you for your Social Security, Medicare and federal income tax responsibilities. The IRS can seek to collect any unpaid employment taxes from you and the agent.

The bottom line

You are ultimately the responsible party for withholding, depositing and paying federal tax liabilities. Even when forwarding tax amounts to a service with the expectation that the provider is making tax deposits, you're still responsible for withholding the employer and employee portions of Social Security and Medicare taxes. This doesn't mean you shouldn't use an outside provider. It just means you should talk with them in detail about how they work. Also, there are a few commonsense precautions:

  • Use your name and address so that IRS correspondence goes to you. Many IRS communications are time sensitive — a delay in response can trigger the next level of IRS action.
  • Know tax due dates — this way, you can always double-check the status.
  • Register on the electronic federal payroll tax system to get your own PIN and use it to periodically confirm that the required payments are being made. Online access shows your account payment history for the past 16 months.

It's not just a matter of trust — it's a matter of communication. If you work closely with your provider, the result will be good for you and your employees.

©2022


 

MORE RECENT NEWS…


Sep 25, 2025

Social Security Fairness Act and Your Benefits

The Social Security Fairness Act repeals two long-standing rules that reduced Social Security benefits for many government and public sector workers. Read through to learn more about the act and whether these changes affect you.


Sep 24, 2025

Welcome Aboard: Tips for Successful Employee Onboarding

Congratulations! You've finally completed the demanding hiring process and you've made the right hire. You are now ready to welcome a new member to the team. Read through for some pro tips on best onboarding practices for the first day at work and beyond.


Sep 23, 2025

What Are the Best Payroll Practices?

Are you curious about the idea of a streamlined payroll process? It's a great way to make sure your entire payroll department is on the same page and operating with the same standards in mind. Read through for insights into the best payroll practices.


Sep 22, 2025

Know the Rules for Reimbursing Employees

When reimbursing employees for work-related expenses, are you using an accountable plan or a nonaccountable one? The difference affects how you report the payments and how your employee is taxed. Read through to learn the IRS rules and how to stay compliant.


Aug 29, 2025

Silver Workers: No Substitute for Experience

Once, employees approaching retirement age could look forward to a long, relaxing post-work life. For much of the 55+ crowd, this is no longer the case, with many forestalling retirement for as long as possible. Read through for advice on employing silver workers in your organization.


Aug 28, 2025

Show Me the Money: Creating a Salary Policy

For any company to treat their employees with respect and fairness, it needs to have a transparent pay equity policy in place that is shared with all employees. Read through to understand why creating pay equity is beneficial to your organization.




More News & Press can be found in our Archive.