I am not sure about NY state laws, but waiting would (IMHO) amount to "theft" (maybe theft by deception). A legitimate, engaged employer would be righteous and send the funds to the Ee, or at least return funds to the source (State; Federal) & let them sort out. But, keeping the money, waiting for some 3rd party inquiry, "Not Cool."
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Robert Gaines, CPA
ROBERT N. GAINES, CPA
Temple TX
Robert
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Original Message:
Sent: 06-06-2023 03:46 PM
From: Michael Rubinstein
Subject: a non related taxpayer where the refund went to the employer
A client just called and said a former employee's apparent tax refunds (both state and federal) were credited to the client's business account. Anybody ever see this before?
It looks like it's from the governments and not the payroll service
The client wants to wait for the employee to call, but that could take months.
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Michael Rubinstein
Michael D. Rubinstein CPA, PC
North Bellmore NY
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