Employers are legally required to pay employee withholding taxes to the government, including:
- Federal income tax
- State income tax
- Social Security
Legally it is considered that withholding taxes are held in trust for the employee. The employer is deemed to have stolen the money from the employee when it isn’t forwarded to the government.
Violations of the laws pertaining to withholding taxes can result in serious penalties, including jail time and fines. If you are being investigated by the government for failing to pay withholding taxes or have been charged with a withholding tax crime, contact a tax audit attorney from my firm for qualified legal counsel and guidance regarding your case. My name is John Ellsworth of Ellsworth Law Group and I have extensive experience defending clients accused of tax crimes. You will need strong representation in a tax crime case to prevent a guilty verdict. I am intimately familiar with tax laws and know the various ways these types of cases can be challenged. I will be a dedicated advocate that will fight to protect your rights in and out of court.
Failure to remit withholding taxes to the government is a serious crime and considered a form of tax evasion. In any type of tax evasion case, including withholding tax violations, the government must prove that the act was willful and intentional. There are many ways to defend charges of tax evasion which I can discuss, as well as how best to proceed with your particular case. I can give you knowledgeable advice regarding what to expect from the prosecution, and explain possible outcomes to your situation.