Legal Question in Tax Law in Florida

I am the vice president of a business that is supposed to be closed since 2010, the truth is that i have not been actively involved with the business at all and since i returned to the country i went to the IRS to make sure it was closed clean with no debts or anything. When i went the y tell me it is missing return 944 and form 1120 for 2009 and thus is not closed. How can i proceed with this matter when i have no access at all to any of the data of the company? It seems like the president didn't file these, is there a way i could notify them through an attorney to fix this?

Asked on 2/13/13, 8:53 am

1 Answer from Attorneys

John DeLancett Law Offices of John DeLancett, PL.

Yes, I would contact the company and tell them they need to file these returns. Are you sure that the "944" wasn't actually a 940 or 941? You should be particularly concerned about the 941 and 940 as they deal with payroll taxes and federal unemployment taxes for which the IRS might attempt to hold you personally liable. I would caution you to not file these on behalf of the company without learning much more about what was going on. If you sign the returns and you were vice-president, it could make it very difficult to defeat an attempt by the IRS to hold you personally liable. Also, if no 940 was filed, there is a good probability that the Florida unemployment tax, Form UCT-6 was not filed.

If you wish to discuss this further and need our help, plkease feel free to call me. I have handled many payroll tax cases and trust fund penalty matters over the years.

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Answered on 2/13/13, 9:03 am

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