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A worker's paperwork should stay long after he's been fired

So you tossed the incompetent employee out on his ear after just two days on the job. Too bad you can't do the same with his paperwork.

Many business owners decide quickly whether they want to retain a particular employee. Knowing how long to keep records associated with that employee proves to be another matter entirely.

First, don't celebrate terminating an aggravating employee too quickly, especially if you feel yourself reaching for the paper shredder. You're going to find that it is easier to replace the worker than his employment records.

The Internal Revenue Service doesn't impose a particular recordkeeping system on business owners who intend to properly retain records. However, business owners learn over time that being neat and organized matter in this area is a good idea. The IRS, not to mention tax authorities in the state, will count on examining employment records if tax questions emerge.

Not being able to put your hands on the appropriate records won't get your business off the hook with the IRS -- or other governmental agencies.

What to keep
Tax advisers generally recommend maintaining a list that includes:

  • The name, address, and Social Security Number of each employee hired.
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  • The total amount and date of each paycheck and the time period it covers.
  • The amount of income that is actually taxable -- pay reductions for retirement or insurance payments usually aren't part of taxable income.

There are other employment records you should store along with the information above. Employers should make copies of returns they filed, as well as copies of any undeliverable Forms W-2. In addition, they should keep copies of each employee's withholding exemption certificate, and record the dates and amounts of tax deposits they made.

Fill those filing cabinets
Once you understand what to keep, you need to know how long to keep it.

Most experts advise that you err on the side of caution -- and on the side of extra filing cabinets.

Homeshred, a provider of shredding services in Hayward, Calif., recommends saving employee records over the entire period of employment, plus an additional three years. TurboTax recommends keeping most employment records for at least four years. By the way, this is four years from the due dates of the returns or from the date taxes are paid, whichever is later.

Keep in mind that the requirements discussed here only consider IRS actions against employers. Every state has its own set of recordkeeping requirements. Bottom line? Make sure you check the requirements of your particular state.

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