Payroll Taxes

Per Diem Rates from the U.S. General Services Administration

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Rates are set by fiscal year, effective October 1 each year. Find current rates in the continental United States ("CONUS Rates").

Employment Tax Deposit Penalties


If taxes are not deposited timely or in the correct amount, the IRS will impose a deposit penalty.

Penalties are generally based on a percentage of the unpaid tax liability.

Late deposit penalty amounts are determined using calendar days, starting from the due date of the liability.

The penalty rates are:

  • 2% - Deposits made 1 to 5 calendar days late.
  • 5% - Deposits made 6 to 15 calendar days late.
  • 10% - Deposits made 16 or more calendar days late.
  • More than 10 calendar days after the date of your first notice or letter (for example, CP220 Notice) or the day you get a notice or letter for immediate payment (for example, CP504J Notice) 15%

Order in Which Employment Tax Deposits Are Applied

Deposits are generally applied to the most recent tax liability within the quarter. If you receive a failure-to-deposit penalty notice you may designate how your deposits are to be applied to minimize the amount of the penalty if you do so within 90 days of the date of the notice. Follow the instructions on the penalty notice you receive.

For example, the penalty for late payment of trust fund taxes (social security, Medicare, and federal income taxes) can be as much as 100% of the liability. So, if you're late paying trust fund taxes you can have your tax deposit applied to these taxes before any other taxes you may be late in paying. Attach a statement indicating this preference.

Intentional Misclassification of Workers

The IRS is well aware of the ploy by some employers to misclassify workers as independent contractors to save money on payroll taxes (i.e. employer's share of social security and Medicare taxes, and 100% FUTA taxes). Harsh financial penalties are imposed on violators who intentionally misclassify workers. Criminal prosecution is also possible for intentional violation of the rules.

If you already have employees or plan on hiring and don't currently use a payroll service, you may want to consider this option. A payroll service is a low cost way of getting your payroll done accurately and timely and avoid IRS noncompliance penalties. Payroll services are relatively inexpensive and will free up valuable time you can use to build your busisiness. A payroll service will keep up with tax law changes, prepare you paychecks and prepare your payroll tax reports.

Avoid costly penalties!

Use the IRS Online Tax Calendar
to check filing and deposit deadlines.