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31. Let me clarify - the employees are not screwed
Sat Jul 5, 2025, 10:27 AM
Jul 2025

As a 31 year now retired IRS agent I'd like to inform you that when an employer withholds federal taxes from the paychecks of employees the employer is responsible for depositing those funds with the IRS. All Forms W-2 provided to the employees for filing their personal tax returns are accepted by the IRS without question and the federal withholding is credited to the employees even if the employer did not deposit the withheld funds with the IRS. We agents attempted to collect the withheld taxes from the employers. The employees are not liable at all.

Collecting withheld taxes from employers was a top priority when I worked for the IRS. We also performed a full compliance check to make sure that the employers reported the Social Security and Medicare wages and taxes withheld from each employee to ensure that employees would receive SS and MED benefits when they reached retirement age. That was one of the little known services the IRS used to provide when it was sufficiently staffed. Those MAGAs in Trump's congress who have made draconian cuts to the IRS budget are screwing 'ordinary' Americans by weakening IRS oversight of the compliance of employers. Obviously, their claim to be the party of working people is a farce.

In the worst case scenario when a delinquent employer fails to deposit withheld taxes with the IRS:
---In most cases when small business employers run by sole proprietors abscond with the funds they spend the $$$ for personal expenses and possibly luxuries.
---By the time an IRS agent makes contact the business may have folded, the business owner is no where to be found, and there are no assets available for the IRS to appropriate to collect the withheld taxes. In most cases most if not all of the withheld taxes are never collected.
---Assuming that the delinquent employer provides Forms W-2 to the employees (or the employees have to file an estimate) they are given full credit for the income tax withheld from their wages. In many cases they receive refunds on their Form 1040 tax returns based on withheld taxes that were never paid to the government. The amounts refunded are $$$ that drain the Treasury of funds needed for the federal budget. As far as I recall there were no reports that specifically tracked those 'lost' funds but per the GAO the estimated Tax Gap (taxes not paid) regarding employment taxes is approximately $94 Billion per year.

Recommendations

12 members have recommended this reply (displayed in chronological order):

I have been saying that the states who he moves against should do something like this. OldBaldy1701E Jul 2025 #1
I don't know if it's legal but it's worth a try. COL Mustard Jul 2025 #21
It definitely doesn't sound legal, but it can at least delay and maybe deny state funds to an asset ancianita Jul 2025 #35
They can drag their feet like tfg, tie it up in courts and not comply with the rulings.. What are they gonna do, sue? mitch96 Jul 2025 #46
They'll grab him off the street and send him to Justice matters. Jul 2025 #51
Exactly. (n/t) OldBaldy1701E Jul 2025 #61
I don't see how that would work FBaggins Jul 2025 #2
They would just move their assets. Hornedfrog2000 Jul 2025 #3
OUR ASSETS! BidenRocks Jul 2025 #38
Can the garnish income from the properties? Scrivener7 Jul 2025 #6
can't they prevent the government from accessing their properties? LymphocyteLover Jul 2025 #7
No. In fact the Biden administration proved this FBaggins Jul 2025 #12
The "Liens on their property" is more of an analogy/euphemistic term BumRushDaShow Jul 2025 #9
The example given is awful FBaggins Jul 2025 #13
"Withholding payroll taxes for state employees screws the employees" BumRushDaShow Jul 2025 #17
Not a crime at all. There's no federal statute mandating the process whereby withholding makes its way to the Feds. paleotn Jul 2025 #27
Let me clarify - the employees are not screwed Klaus Hergersheimer Jul 2025 #31
Welcome to DU LetMyPeopleVote Jul 2025 #62
Exactly, good info Farmer-Rick Jul 2025 #18
I wrote the following downthread BumRushDaShow Jul 2025 #24
Thanks for the info. Farmer-Rick Jul 2025 #26
In theory they could foreclose Nasruddin Jul 2025 #30
Isnt selling off public lands one of the many problems in the dump bill? quakerboy Jul 2025 #55
That part was dropped a few days ago FBaggins Jul 2025 #57
Nice idea but Supreme Court will eventually intervene against states. Is K-9 funding mandated by congress? lostnfound Jul 2025 #4
The education funding was mandated by Congress, yes LymphocyteLover Jul 2025 #8
How would retaliation from pedo Trump actually work? Farmer-Rick Jul 2025 #23
How would the states get the employer to give them the money instead of it being sent directly to the US Treasury? MichMan Jul 2025 #49
Aside from regular state taxes you mean? Farmer-Rick Jul 2025 #50
I didn't see any specifics in the OP about what type of state payments would be held. MichMan Jul 2025 #54
Google is helpful BumRushDaShow Jul 2025 #58
The "employer" in this case is *THE STATE* BumRushDaShow Jul 2025 #53
See paleotn response to that upthread. Dixiegrrrl Jul 2025 #29
Turn off utilities. Historic NY Jul 2025 #5
This has been tried before, didn't work. DUU Jul 2025 #10
Welcome to DU orangecrush Jul 2025 #15
Got a link on that? NJCher Jul 2025 #19
There is nothing in that article, nor an earlier NBC one, that says anything about "federal property". BumRushDaShow Jul 2025 #20
That doesn't sound like the same thing Farmer-Rick Jul 2025 #25
Schlump definitely has some form of dementia. ShazzieB Jul 2025 #60
Good strategy. You play the game presented to you, and stand tall. /.nt bucolic_frolic Jul 2025 #11
YES orangecrush Jul 2025 #14
If it's a "secret weapon" why announce it? NoMoreRepugs Jul 2025 #16
I think the term "secret" is more "slang" than literal. BumRushDaShow Jul 2025 #22
I need a "rhetorical question" emoji. NoMoreRepugs Jul 2025 #40
DUer tanyev uses this BumRushDaShow Jul 2025 #42
Writers NJCher Jul 2025 #37
I say "YES" let's do it!! h2ebits Jul 2025 #28
Trump's properties maliaSmith Jul 2025 #32
Fight the POWER!!! sunflowerseed Jul 2025 #33
Isn't this legally just a series of setoffs? rzemanfl Jul 2025 #34
I'm for it hope California does it. republianmushroom Jul 2025 #36
The Fed may have the bldg or whatever, BidenRocks Jul 2025 #39
I don't think this has to do with what they call "real property" (buildings) BumRushDaShow Jul 2025 #41
Please see my post #34 above regarding setoff. rzemanfl Jul 2025 #43
I saw it BumRushDaShow Jul 2025 #48
Newsom is considering doing something similar... AntiFascist Jul 2025 #44
I am glad they are exploring ways to shift money to their own state from the fed mdbl Jul 2025 #45
Excelent idea! Josiesdad Jul 2025 #47
This is part of what I see as a soft secession Metaphorical Jul 2025 #52
This is soveirgn citizen tactics. Jacson6 Jul 2025 #56
Problem is BumRushDaShow Jul 2025 #59
Right you are BRDS - the executive branch is provoking Blue States into "getting even" as the only option left FakeNoose Jul 2025 #63
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