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If the IRS sends an employer a notice regarding an incorrect TIN and they still use it to pay employee?

Los Angeles, CA |

The IRS notified employer in 2009 about 1 of 3 of its companies using incorrect TIN to pay employee for 2008 and they continue its use with another company they own to pay same employee in 2010, is this legal?

Attorney Answers 1

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Your question is unclear. Are you asking if the employer faces some financial exposure to the IRS for continuing to pay employees using an incorrect company TIN? Generally, any failure by a company to properly account for the withholding and payment of taxes can result in potential financial liability. If your question relates to intentional misleading of authorities to allow the employment of employees without the right to work, then greater penalties might be at risk.

It would be helpful if you posted again but with enough context to know your precise concerns. You will probably get a better, more helpful response.

Good luck to you.

This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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