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Changes to payroll tax error liability for third-party payors

New rules clarify who is responsible for errors in payroll tax filings when using external companies. This aims to simplify processes for employers and tax-filing companies, and speed up tax refunds.
Key points
Third-party payroll tax payors can rely on employer information unless they know about an error.
Liability for tax filing errors is shared between the employer and the third-party payor, depending on who had knowledge of the error.
The IRS cannot delay tax credit processing or initiate audits solely because another third-party payor made an error.
Third-party payors must retain information that the IRS could require from the employer.
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Status:
Introduced
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Additional Information
To amend the Internal Revenue Code of 1986 to establish procedures relating to the attribution of errors in the case of third party payors of payroll taxes, and for other purposes.
Print number: HR 3223
Sponsor: Rep. Thompson, Mike [D-CA-4]
Process start date: 2025-05-06