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31. Let me clarify - the employees are not screwed
Sat Jul 5, 2025, 11:27 AM
Jul 5

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