Payroll Tax Liability Bank Signature Card - Orange County
If the taxpayer claims that either they did not have bank signature authority or does not know if they had authority, the bank signature card is critical. A copy of the bank signature card may be in the Freedom of Information Act ‘‘FOIA’’ information you receive, but if not, have the taxpayer go to the bank to obtain a copy. If the bank refuses because they do not have signature authority, you can raise this in your protest or at the Appeals hearing. One of the best defenses to a trust fund assessment is to show the taxpayer could not have been responsible because they did not have signature authority. This means they could not have paid the taxes even if they wanted to as they could not direct payment for taxes, thus rebutting a claim of willfulness.
Christopher G. Carmona CPA,CFE
http://carmonataxcpa.com/
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323 707-6148
