Small errors, real penalties

Payroll is one of the few areas where a small mistake turns into a penalty fast. A late deposit, a missing form or an old wage rate can cost more than the payroll itself.

Why the IRS takes payroll seriously

The taxes you withhold from paychecks aren’t your money. The IRS treats them as funds held in trust for your employees, and New York adds its own wage and notice rules on top of the federal ones.

Payroll mistakes rarely stay small.

Office manager reviewing payroll on a laptop with a calculator on the desk

Six mistakes to avoid

These are the payroll mistakes we see most often with small businesses.

1. Depositing payroll taxes late

The IRS charges a failure-to-deposit penalty that grows with time: 2% if you’re 1–5 days late, 5% at 6–15 days, and 10% after that. It reaches 15% if the tax is still unpaid 10 days after the first IRS notice (IRS). Know whether you’re a monthly or semiweekly depositor and put the dates on a calendar.

2. Treating employees as contractors

Calling someone a contractor doesn’t make them one. The IRS looks at behavioral control, financial control and the type of relationship (IRS). If you set the hours, supply the tools and the work is central to your business, that person is likely an employee. Misclassification can leave you owing the employment taxes you didn’t withhold.

3. Paying an outdated minimum wage

New York’s minimum wage rose to $17.00 an hour on January 1, 2026, for Long Island, New York City and Westchester, and $16.50 for the rest of the state. Starting in 2027, increases will be tied to inflation (FOX 5 NY). Check your rates every January, along with the overtime exemption salary threshold.

4. Skipping New York pay notices

Under the Wage Theft Prevention Act, New York employers must give each new hire a written pay notice and include required details on every pay stub. Missing paperwork can lead to penalties even when the pay itself was correct.

5. Not tracking overtime and tips separately

Under the 2025 federal tax law, employees can deduct qualified overtime and tips through 2028. Your payroll records need to show those amounts clearly so your team can claim the deduction.

6. Running payroll on unsupported software

QuickBooks Desktop 2023 was discontinued on May 31, 2026. Payroll subscriptions on that version stopped working, and tax tables are no longer updated (Intuit). If you’re still on it, your paychecks may be calculated with old rates.

A simple monthly checklist

  • Confirm every tax deposit cleared on time.
  • Review new hires: classification, pay notice, W-4 and IT-2104.
  • Reconcile payroll reports with your bank account.
  • Keep employment tax records for at least four years.

Payroll shouldn’t keep you up at night. Talk to us about handling it for you.

This article is for general information only and isn’t legal or tax advice for your specific situation.

Get tax tips in your inbox.

Deadlines, law changes and practical tips for small businesses. No spam, unsubscribe anytime

By subscribing, you agree to our Privacy Policy.
You can unsubscribe at any time.

Continue Reading

Get a personal consultation.

Call us today at +1 (631) 402-4763

Still have questions? We’re happy to help. Call us or book your free consultation.