Understanding IRS Letters and Notices for Employers
Receiving a letter or notice from the IRS can be problematic and alarming for any business owner. However, it is a common occurrence often related to payroll tax discrepancies, Affordable Care Act (ACA) compliance issues, or missing information in filed tax forms.
The Internal Revenue Service communicates with businesses through formal notices to inform them of potential errors, request clarification, or propose adjustments to reported amounts. Understanding the reason behind each notice — and responding promptly— is critical to avoiding severe penalties, liens, or enforcement actions.
Businesses May Receive Various Types of IRS Letters
There are several types of employer-focused IRS letters that businesses may encounter related to full-time employees. For example, Notice CP220 informs an employer of a change to their employment tax return, often due to a discrepancy in reported deposits or calculations on Form 941.
Letter 226-J is sent to employers regarding potential penalties they may be liable for under the ACA’s Employer Shared Responsibility provisions, which apply to businesses that fail to offer affordable health coverage to eligible employees. Employers may also receive penalty notices for late tax deposits, incomplete filings, or underreported wages, each of which requires careful review and a timely response.
Both ACA and payroll tax compliance play major roles in triggering IRS correspondence. Minor errors, such as mismatched employee data or missing forms, can prompt automated notices. Larger issues, like failure to remit employment taxes, may result in more serious inquiries or audits for non-compliance.
Engage an IRS Notice Response Lawyer for Employers Today
Your business should pay close attention to response deadlines and documentation requirements outlined in each IRS income tax or payroll notice to the address shown. Failing to respond or delay can result in additional fines, interest, or collection actions. Engaging a Booth P.C. experienced IRS letter and notice response lawyer ensures that you comply, all your business communications are handled correctly, deadlines are met, and your business’s interests are fully protected in any dealings with the IRS.
Common IRS Notices Employers Receive
Employers may receive various Internal Revenue Service notices related to payroll tax reporting, Social Security, Affordable Care Act compliance, or other federal employment tax obligations. These notices typically alert businesses to discrepancies, missing information, or potential penalties that require prompt attention.
Underpayment or Late Filing Notice
One of the most frequent is the underpayment or late filing notice for full-time employees, which occurs when an employer fails to deposit payroll taxes on time or submits an incomplete Form 941. These notices often identify specific quarters where payment discrepancies exist, urging employers to reconcile records and make immediate corrections
Letter 226-J for ESRP
Employers may also encounter ACA-related notices for employees, such as Letter 226-J, which informs Applicable Large Employers (ALEs) that they may owe an Employer Shared Responsibility Payment (ESRP) for not offering adequate health coverage to their employees. Another common ACA notice, Letter 5699, requests missing Forms 1094-C and 1095-C from employers who failed to file the required information on their healthcare coverage. These notices must be addressed quickly to avoid further enforcement actions or penalties.
CP220 or CP207 For Adjustments to Filed Form 941
Notices such as CP220 or CP207 may relate to adjustments on previously filed Form 941, while CP504 serves as a warning of possible collection action if balances remain unpaid. Each notice provides specific instructions for how to respond and outlines critical response deadlines.
Large Employers May Receive ACA-Related IRS Notices
Businesses, especially Applicable Large Employers, are more likely to receive ACA-related notices due to the volume of required reporting and the complexity of compliance standards. Immediate review of any IRS correspondence — and assistance from an ACA notice response attorney — is essential to prevent minor issues from escalating into significant financial or legal consequences.
Employer Rights and Responsibilities When Dealing with IRS Notices
When a business receives an IRS notice or letter, it is the employer’s responsibility to act promptly and accurately to satisfy the agency. The IRS expects timely responses that address any discrepancies or questions raised in the correspondence.
Your company must review the notice carefully, verify the accuracy of the IRS’s findings, and provide supporting documentation when necessary. Failing to respond or delay can result in additional penalties, interest, or even enforced collection actions. Maintaining organized payroll and tax records helps your business respond efficiently and demonstrate compliance.
Employers’ Rights in the IRS Process
Businesses also have important rights when interacting with the IRS. These include the right to be informed, the right to appeal an IRS decision, and the right to request clarification about any assessment or proposed adjustment. Employers may dispute penalties or tax liabilities based on information reported through the IRS Office of Appeals, providing evidence to support their position.
Additionally, businesses have the right to representation — whether by a tax attorney, CPA, or enrolled agent — during any examination or appeal process involving an IRS notice or letter. Exercising these rights ensures that your company is treated fairly and that all IRS actions are based on accurate information.
How IRS Determinations Are Made
IRS determinations are generally based on data reported by employers through filings, such as Form 941, and ACA-related submissions, like Forms 1094-C and 1095-C. If the IRS identifies inconsistencies or missing information, it issues notices to verify or correct those records. Understanding how this process works enables employers to detect and resolve issues before they are subject to penalties, such as liens or asset seizure.
Know Your IRS Letter and Notice Response Legal Rights
By fully understanding their rights and responsibilities, employers can avoid unfair assessments and maintain control over the resolution process if the IRS determines you owe. Prompt, informed action — and professional legal guidance from a skilled payroll tax notice defense lawyer — helps businesses protect their interests and maintain ongoing compliance with federal tax laws.
How to Respond to an IRS Letter or Notice
Responding to an IRS notice requires accuracy, organization, and timeliness. Employers should take the following steps to ensure the issue is handled effectively and compliance is maintained.
Verify the Authenticity of the Notice
Before taking any action, confirm that the correspondence is genuinely from the IRS. Authentic notices include an official letter or notice number — such as CP220, Letter 226-J, or CP504 — and reference your business’s taxpayer identification number. Always verify contact information directly on the IRS.gov website to avoid scams or phishing attempts posing as the IRS.
Review the Notice Carefully
Read through the entire notice to understand the issue, the tax period in question, and what action is required. IRS notices often address matters such as underpayments, missing filings, ACA compliance, or penalty assessments. Pay close attention to all response deadlines, as failure to reply on time may result in additional penalties or enforcement actions.
Gather Supporting Documentation
Collect all relevant records to support your response, including payroll data, Form 941 filings, ACA forms (1094-C, 1095-C), and documentation related to employee benefits or tax deposits. Accurate, well-organized records make it easier to confirm or dispute the IRS’s findings.
Prepare and Submit a Response
Address each issue clearly in your written reply. Provide explanations where necessary and include copies (never originals) of all supporting materials. Keep copies of your entire submission for your records.
Explore Resolution Options
Your company may correct reported information, provide written explanations, or appeal if it disagrees with the IRS determination. For outstanding balances, setting up an installment agreement or payment plan can prevent further penalties. Seeking assistance from a skilled IRS notice response lawyer for employers ensures your responses are strategic, compliant, and fully protect your business’s interests.
Correcting Errors and Filing Adjustments
When the IRS finds an error in your business’s tax filings, prompt and accurate correction is essential to maintain compliance and avoid penalties. For payroll tax errors, employers typically use Form 941-X (Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund) to correct mistakes reported on a previously filed Form 941. This form allows adjustments for underreported or overreported taxes related to wages, withholdings, and employment tax deposits.
When to Amend vs. Dispute
Employers should amend filings when they recognize legitimate errors, such as incorrect wage totals or misapplied deposits. However, if the IRS notice contains inaccuracies or misinterpretations, it may be more appropriate to dispute the claim through written correspondence or an appeal. Acting quickly to clarify or amend ensures the issue does not escalate into an audit or additional penalties.
Documentation to Support Corrections
Maintain all supporting records, including payroll summaries, prior tax returns, deposit confirmations, and employee records. This documentation substantiates any adjustments made and provides evidence if the IRS requests further verification.
Risks of Ignoring Correction Requests
Failure to respond or properly address a correction notice can result in the accrual of interest, penalty assessments, or collection actions. Timely, well-documented responses with the help of your IRS letter and notice response lawyer help protect your business’s financial standing and compliance record.
Appeals and Dispute Resolution for Employers
Employers have the right to challenge IRS determinations, proposed penalties, and other adverse findings through a formal appeals process. Understanding how this process works ensures that businesses can protect their rights and seek a fair resolution without unnecessary financial strain.
Appealing IRS Determinations
If an employer disagrees with an IRS assessment — such as a payroll tax adjustment or penalty — the first step is to file a written appeal. This must typically be done within 30 days of receiving the notice. The appeal is sent to the IRS Office of Appeals, an independent branch that reviews disputes objectively, separate from the original IRS examination team.
Common Types of Employer Disputes
Employers often appeal issues such as:
- Employer Shared Responsibility Payment (ESRP) assessments under the Affordable Care Act (ACA).
- Payroll tax miscalculations or disputes involving Form 941 filings.
- Penalty assessments for late deposits, missed filings, or incorrect wage reporting.
- Information return discrepancies, including mismatches in W-2 or 1099-C data.
Hearings and Resolution Options
Appeals may involve a written protest, a phone conference, or an in-person hearing with an IRS Appeals Officer. These meetings allow employers to present evidence, clarify facts, and negotiate a resolution before litigation becomes necessary.
Importance of an Employer IRS Dispute Resolution Lawyer
Because appeals often involve complex tax laws and procedural rules, it is crucial to engage the services of an employer IRS dispute resolution attorney, who can speak to the IRS on your behalf. Legal representation ensures that documentation is complete, arguments are persuasive, and your business’s interests are fully protected throughout the IRS dispute resolution process.
Resolving IRS Issues Efficiently and Avoiding Penalties
When dealing with the IRS, timing is critical. Penalties and interest begin accruing as soon as a filing or payment is late, and these costs can grow rapidly if left unresolved. Taking swift action helps prevent small issues from escalating into expensive liabilities.
Respond to IRS Notices Immediately
Employers can minimize delays by practicing early intervention — responding to notices immediately, verifying records, and addressing discrepancies before deadlines pass. Maintaining organized payroll and tax documentation also speeds up resolution by providing clear evidence to support corrections or appeals.
The IRS offers online tools and payment resources that allow employers to track notices, confirm payments, and communicate efficiently. However, when issues become complex, professional help is invaluable.
Your IRS Notice Response Attorney Is Vital To Compliance
An IRS notice response lawyer for employers plays a key role in managing IRS correspondence, negotiating settlements, and ensuring compliance with federal tax laws. Your tax attorney’s expertise helps your business resolve issues more efficiently and avoid unnecessary penalties or enforcement actions.
Why Work with a Lawyer for IRS Letter and Notice Response
Handling IRS letters without professional guidance can expose employers to serious financial and legal risks. Misinterpreting a notice, missing a deadline, or providing incomplete information may lead to increased penalties, audits, or even collection actions.
A tax lawyer understands the complexities of IRS correspondence and can accurately interpret notices, identify required actions, and ensure that all responses meet federal deadlines. Legal professionals also safeguard employer rights by managing communications with the IRS and preventing procedural errors that could worsen a business’s situation.
During negotiations or appeals, a lawyer’s advocacy and experience provide a strategic advantage, helping to reduce penalties, negotiate settlements, and achieve a faster resolution.
Speak to Our IRS Notice Response Lawyer for Employers Now
If your business has received an IRS letter or notice, don’t wait. Contact a Booth P.C. tax notice defense lawyer today for experienced legal representation and proactive solutions that protect your business, minimize liability, and restore confidence in compliance.
Contact Us
Speak to Us Today
You worked hard for your money and property over many years. Secure your legacy today! Consult Texas Tax & Estate Law to craft a valid will and estate plan, navigate community property laws, and streamline probate. Protect your family’s future and contact us today!