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Payroll Tax Indemnification Agreement

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Many people are involved in a partnership or are shareholders of a corporation and their roles and duties in the company have nothing to do with the financial aspects of the business.  These people carry on their duties and let the other partners deal with the financial duties.

If this fits your duties in a business and your company has employees and your business is required to collect taxes and remit them to the government then you might want to consider entering into an agreement with your partners or the other owners of the business a payroll tax indemnification agreement.  The agreement will protect you and require the other partners to reimburse any payroll tax penalty that you might suffer personally if the IRS determines that company failed to fulfill its payroll tax remittance requirements.

Just so that you are clear, this agreement would only obligation them to pay you back what the IRS takes from you because you will still be personally liable for none remitted payroll tax.

The agreement can be as simple as stating that all the co-owners or shareholders agree to indemnify any of the other owners or shareholders that may be held liable for any unpaid payroll tax liabilities of the business that are proposed or assessed against them personally, plus legal cost in contesting the taxes.


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