Accounting for Managers
Employment Trust Fund Fraud
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Accounting for Managers
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Employment Trust Fund Fraud
It seems like there is no tax that’s not worthy of a concentrated try to evade it. For small businesses, one of the more prevalent high-dollar frauds stems from the employer failing to make all the required FICA trust fund deposits. In the U.S., Social Security is funded by a 12.4% tax on salaries up to a designated ceiling that changes each year. Medicare gets 2.9% of each salary dollar up to the salary top itself. The employer and employee share equally in the resulting 15.3% tax. In addition, the employer is obliged to withhold an estimated income tax from each pay- check. This amount could fall between 10% and 30%. If we assume your payroll is $300,000 and we use 20% as the effec- tive tax rate, that results in total withholding and FICA/Medicare Advanced Fraud 193 Webster10.qxd 8/29/2003 10:23 AM Page 193 payments of $105,900 ($300000 x15.3% + $300000 x 20%). In addition, in states with an income tax, smaller sums would be involved, based on each state’s tax rates. Depending on total salary levels, the federal/state deposits are made monthly or quarterly. The business then submits a quarterly report. If the business is large enough, this report can go in electronically. Federal and state governments receive a predictable cash flow each month and roughly enough money is withheld for each employee to meet his or her filing obligation. There are also federal and state unemployment insurance forms to file and taxes to pay. Generally, when a business has prob- lems in one of these areas, it has problems in all of them. Now, here’s the sad part. Most businesses do not intend to stiff their employees. What happens in the course of business operations is that some need springs up that only cash right now can solve. The money that was set aside to pay the with- holding suddenly looks quite attractive. The employer takes the money, rationalizing that it can always be replaced from next week’s receipts. When the time rolls around to pay the with- holdings into their respective trust funds, the till is short, so no money is paid in. The employer may or may not file the required forms telling the IRS and the state how much money they should be getting. This condition can go on for a couple of years with the fed- eral and state tax offices sending out escalating letters request- ing payment. Then the tax inspectors start calling. The first calls usually come from the state tax authorities. Their only interest is the state withholding, but their cash needs are generally greater and their collection interest is higher. Now the authorities have to make a decision: are they deal- ing with a business struggling at the margins with poor manage- ment control and little understanding of the tax process or are they dealing with a scofflaw who is pocketing the money? If the answer is the former, the employer will have to pay a fine and some penalties, usually, and agree to a plan to pay its liabilities. If the answer is the latter, expect a swift shutdown of Download 3.03 Mb. Do'stlaringiz bilan baham: |
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