Florida Unemployment Tax Insanity #8, Officer Victory

Filed in Tax, Savings by on February 10, 2012

After fighting Florida unemployment Tax Insanity for many years, I won a major officer victory yesterday.

I avoid time wasting annual Power of Attorney forms by being a Vice President for most client companies. I am probably the only CPA that has done this for 40+ years. This lets me minimize client tax-notice time and aggravation, by using our address for client companies. I further minimize time and aggravation by insisting clients use our $11 a month payroll service, which largely automatically e-pays employees, e-pays taxes and e-files tax returns.

Becoming an officer can be dangerous, as you may be personally liable for payroll and sales tax withheld and not paid. It also can be dangerous if clients commit illegal acts, as a good CPA friend saw when a client set back speedometers. That is why Minutes, making me an officer, always include:

Mr. Block may legally represent and bind the company as a Vice President, in tax and accounting matters, including trying to perfect a company e-file application. However, he may not direct the payment or non-payment of taxes. He also may not provide and advice relative to any illegal transaction. Any advice he provides, relative to payment or non payment of taxes or illegal transactions, shall be purely advisory CPA advice and not the directive of an officer.

You will soon be able to download these minutes, in Word or PDF format, using the links below. You also will be able to fill in them and our other forms online, quickly and easily.

My Florida unemployment tax insanity officer victory involved the refusal of Florida Department of Revenue employees to recognize my Minutes. They kept saying they only recognized officers in the Secretary of State Sunbiz website. It only lists six officers, so it clearly cannot serve all officers of large companies. Such companies could easily have several fulltime employees updating all officer changes in all states. Florida law also makes it very clear that you must only list some officers on this site and related annual reports.

After years of aggravation over Florida Unemployment Tax Insanity officers, I visited the offices of prominent State Senator Jeremy Ring about a year ago. I also threatened a lawsuit. It was delightful to find that David Young, Revenue Program Administrator and Account Manager, the head of state branch employee policies, fully agreed with me. He said he would soon get out a policy memo on this, but had not apparently acted a year later. About 10 days ago, I sent him and the local Department office a letter saying I would file suit in 10 days if this did not change, asking for a well deserved $30,000 in damages. I mentioned previously making a successful personal appearance before the Florida Supreme Court and suing the Governor.

David quickly authorized me to act for the requested clients, but still did not send a generic statement prohibiting the use of the Secretary of State website for determining officer status. I followed up by saying I would sue in 2 days if the State did not fix the problem in a day.

Finally a very effective Supervisor (Anna Pas, 954-346-2936) called and authorized me for additional clients. She also said there was a field in the state database that employees could use for those like me and she would advise them about this. She also asked me to call her personally about any problems. This is the type of intelligent and caring employee that once was the norm at the DOR.

That is why this was a final Florida Unemployment Tax Insanity officer victory.


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