Payroll might seem routine, but it's one of the most compliance-sensitive functions in any US business. From W-2 vs 1099 misclassification to SUI rate errors, small issues can lead to rejected filings, state penalties, or worse, IRS scrutiny.
Let’s explore the most common payroll compliance issues.
Missed or Incorrect State Payroll Registrations
Many companies forget to register in every state where employees are located. This includes:
- State income tax withholding accounts
- SUI (State Unemployment Insurance) accounts
- City payroll taxes (e.g., NY MCTMT, Denver OPT, Ohio SDI)
Risk: Delays in payroll processing, rejected filings, and costly state penalties
Incorrect Payroll Tax Setup
Tools like Gusto, ADP, or QuickBooks can default to the wrong settings:
- Wrong SUI rate
- Incorrect work location
- Missing local taxes (ZIP/address errors)
Risk: Overpayment or underpayment, inaccurate W-2s, and filing errors
Late Payroll Filings
Reasons for delay often include:
- Missing e-signatures
- Incomplete payroll platform setup
- Client-side approval delays
Risk: Late payment penalties, interest charges, and even account deactivation
W-2 vs 1099 Misclassification
Misidentifying employees as independent contractors is one of the most common and costly payroll issues.
- W-2s = employees (withholding required)
- 1099s = independent contractors (no withholding)
Risk: IRS penalties, tax reclassification, and employee lawsuits
Multi-State Payroll and Remote Team Oversights
With remote teams, your payroll must comply with:
- Each state’s registration and tax withholding laws
- Local labor laws and minimum wage rules
Risk: Payroll rejections, back taxes, and non-compliance fines
Limited Payroll Platform Support
ADP, Gusto, and QuickBooks have limits:
- No real-time compliance alerts
- Delayed response to notice, as the notices were placed in queue
Risk: False sense of security, delayed issue resolution & liable for penalties
Lack of Payroll Ownership or Coordination
Without a dedicated payroll compliance partner, you risk:
- Missed deadlines
- Unmonitored account notices
- Improper handling of changes in employee status or location
Not Closing or Updating Payroll Registrations
Common when:
- You switch payroll providers
- Shut down a location
- Employees move to a new state
If not handled properly:
- Tax accounts remain open
- You may receive ongoing tax notices and fines
Clean Up Payroll Before Compliance Becomes a Crisis
At FinStackk, we help startups and growing businesses:
- Fix payroll issues and misconfigurations
- Navigate multi-state payroll compliance
- Avoid SUI rate mistakes
- Properly classify W-2 vs 1099
- Close outdated registrations and update records fast
Need a payroll compliance review or facing state notices?
Reach out to FinStackk today.