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People Vs Joseph Amico

Covered by NYDaily News. Las Vegas man accused of threatening a prominent attorney and making vile remarks.

Faced 10+ Years in Prison

People Vs. Anna Sorokin

Covered by New York Times, and other outlets. Fake heiress accused of conning the city’s wealthy, and has an HBO special being made about her.

Faced 3+ Years in Prison

People Vs. Genevieve Sabourin

Accused of stalking Alec Baldwin. The case garnered nationwide attention, with USAToday, NYPost, and other media outlets following it closely.

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Juror who prompted calls for new Ghislaine Maxwell trial turns to lawyer who defended Anna Sorokin.

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Meet Todd Spodek

WE PROVIDE WHITE GLOVE SERVICE TO CLIENTS
WHO WANT MORE FROM THEIR ATTORNEY

The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

Why Clients Choose Spodek Law Group

The reason is simple: clients want white glove service, and lawyers who can win. Every single client who works with the Spodek Law Group is aware that the attorney they hire could drastically change the outcome of their case. Hiring the Spodek Law Group means you’re taking your future seriously. Our lawyers handle cases nationwide, ranging from NYC to LA. Our philosophy is fair and simple: our nyc criminal lawyers only take on clients who we know will benefit from our services.

We’re selective about the clients we work with, and only take on cases we know align with our experience – and where we can make a difference. This is different from other law firms who are not invested in your success nor care about your outcome.

If you have a legal issue, call us for a consultation.
We are available 24/7, to help you with any – and all, challenges you face.

Los Angeles Payroll Tax Audit Lawyers

By Spodek Law Group | June 13, 2021
(Last Updated On: March 19, 2023)

Last Updated on: 19th March 2023, 01:34 am

Payroll Tax Audits: What You Need to Know

If you’re a business owner, it’s important to understand the potential consequences of a payroll tax audit. These audits occur when the IRS investigates a business’s payroll taxes to determine whether they have underpaid. It’s a serious matter that can result in catastrophic financial consequences.

Understanding Payroll Tax Audits

The IRS typically conducts payroll tax audits over a period of three years. However, if you’ve never filed a Form 941 or other employment tax paperwork, the IRS can audit decades of financial information. There is no statute of limitations, so it’s crucial to stay on top of your payroll taxes.

If you only hire independent contractors, you are more likely to face a payroll audit than if you have a mix of employees and contractors. If the IRS disagrees that your contractors are truly independent, your business will be subject to payroll taxes. There are additional potential consequences to having independent contractors labeled as employees as well.

The Financial Impact of a Payroll Tax Audit

If you are determined to owe payroll taxes, the financial impact can be catastrophic. The level of financial liability will depend on the specifics of your case, but you will likely need to pay back taxes, interest, and any penalties imposed by the IRS. Failure to deposit, failure to file, and accuracy penalties are just a few examples of potential penalties. In some cases, you may be subject to several of these penalties at once, resulting in more than 50 percent of the original total owed, plus interest.

Triggers for Payroll Tax Audits

Payroll tax audits can be triggered by computer software flagging potential issues or by complaints filed with the IRS. Unhappy contractors may file complaints with the IRS when they’re unable to pay a self-employment tax, which can result in an investigation into whether they qualify as a contractor or an employee.

If the IRS reaches out to you about your payroll taxes or your employee contracts, it’s a good idea to get in contact with an experienced tax attorney. A skilled tax attorney might be able to avoid having an audit opened at all by filling out an official Form SS-8, which allows you to answer questions about your contractors and employees.

Understanding the Difference Between Contractors and Employees

There are some key differences between contractors and employees that not every business owner understands. It’s not enough to simply state in the contract that someone is a contractor rather than an employee. When the IRS decides whether to classify someone as an employee or contractor, they use a “common law” test that examines 20 different factors. Most recently, the IRS has started using a test with three categories. These are the relationship of the worker to the business, the level of financial control exerted, and the level of behavioral control exerted.

Proving Your Case

If you’re the subject of a payroll tax audit, it’s important to prove that you employ contractors rather than employees. Tax attorneys understand the differences between these groups and can compile evidence to prove your case. If you have found yourself convicted of payroll tax avoidance after an audit, an attorney can help you appeal. They will either represent you in court or appeal the ruling to the Appeals Division of the IRS.

When you can’t prove definitively that you employ contractors, you still have some legal options. Legislation passed several decades ago provides relief to business owners who hire contractors that don’t pass the 20-part test, making it easier to appeal an IRS judgment.

Conclusion

If you’re facing a payroll tax audit, the consequences can be dire. It’s important to understand the difference between contractors and employees and to have evidence to prove your case. It’s also crucial to have a skilled tax attorney on your side who understands the nuances of tax law and can advocate for you. At Spodek Law Group, our experienced attorneys, led by Todd Spodek, have helped countless clients navigate payroll tax audits and other tax-related issues. We understand the importance of protecting your business and your livelihood, and we’ll work tirelessly to help you achieve the best possible outcome. Don’t wait until it’s too late – contact us today to schedule a consultation and learn how we can help you with your payroll tax audit.

Why Choose Spodek Law Group?

At Spodek Law Group, we have a team of experienced and dedicated attorneys who are well-versed in tax law and can handle a wide range of tax-related issues. We understand that every case is unique and requires a tailored approach, and we will work closely with you to develop a strategy that best suits your needs.

We have a proven track record of success, and we are committed to achieving the best possible outcome for our clients. We understand the financial and emotional toll that a payroll tax audit can take on you and your business, and we will work tirelessly to protect your interests.

Our team is responsive and accessible, and we are always available to answer your questions and address your concerns. We believe in providing our clients with high-quality legal services and exceptional customer service.

Contact Us Today

If you’re facing a payroll tax audit, don’t wait – contact Spodek Law Group today to schedule a consultation. Our skilled attorneys can help you navigate the audit process and protect your business and your livelihood. We are committed to providing you with the guidance and support you need to achieve the best possible outcome.

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Testimonials

I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

5 Stars
After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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