If a payroll provider files my LLC's W-2s late or wrong, is the LLC off the hook?
I run a foreign-owned LLC from Nigeria with three US employees, and we pay a well-known payroll service to handle literally everything — deposits, the quarterly returns, and the year-end W-2s. My assumption was that outsourcing means the provider carries the liability if something is filed late or with errors. A colleague says that's not how the IRS sees it at all. Who is right? And is it true that the year-end forms basically have to be filed electronically now?
Related Questions
My payroll provider says nonresident alien employees have special W-4 and withholding treatment. What should I verify before first payroll?
We are hiring our first employee in the United States and she will be a nonresident alien for tax purposes. My payroll provider says the setup is not identical to a normal domestic payroll profile and...
Now that my LLC has an employee, does anything change about Form 5472 and the pro forma 1120?
Polish founder, foreign-owned single-member LLC, filing Form 5472 with the pro forma 1120 every year since formation. We hired our first US employee last month and suddenly there's a whole new univers...
My LLC is the payroll employer now — does backup withholding also run through the LLC?
Founder in Vietnam with a US LLC that recently became an employer (we file Form 941 for one employee). Two related things came up the same week: a US marketplace we sell on asked us to re-certify our ...
I am on F-1 OPT and my employer withheld FICA, but I have been in the U.S. fewer than five calendar years. Is that likely wrong?
I am an engineer from India working on OPT after graduating, and payroll withheld Social Security and Medicare taxes from the first paycheck. That might be correct, but after reading the IRS foreign-s...
I'm a foreign LLC owner hiring my first U.S. employee — what payroll taxes do I owe?
I own a single-member LLC registered in Delaware as a non-resident alien living in the UK. I just hired a full-time employee in Texas to handle customer support. This is my first hire and I have no id...
Our payroll will be tiny — can my LLC just file annual Form 944 instead of quarterly 941s?
Founder in Turkey here. My US LLC is hiring one part-time employee starting July 2026, maybe ten hours a week. Total federal employment tax for the year will clearly be under a thousand dollars. My pa...
FUTA with one employee: when does my LLC actually have to deposit anything?
Mexican founder, US LLC, one full-time employee in the States since March. I keep seeing federal unemployment tax described as 6 percent in one place and 0.6 percent in another, and my provider says w...
What are the penalties if my foreign-owned LLC is late on payroll tax deposits or filings?
I'm behind on payroll tax deposits for my foreign-owned LLC. I missed two monthly EFTPS deposits and I'm panicking. How bad are the penalties? I've heard the IRS is extremely aggressive about employme...
Can I add myself to my LLC's payroll now that it runs payroll for a real employee?
I live in the UAE and own a US single-member LLC. We just hired a US employee and a payroll provider now runs Form 941 filings for the LLC. Since the payroll machinery exists anyway, I'd like to put m...
Does my foreign-owned LLC need workers' compensation insurance for its employees?
I'm setting up my foreign-owned LLC to hire employees in multiple states. I know about FICA, FUTA, and state unemployment tax, but someone mentioned workers' compensation. Is this another tax? Is it m...
Have a similar question?
ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.
Become a Member — $9.99/moDisclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

