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What Happens If You Miss a Payroll Tax Deadline in California? Consequences & Fixes

What Happens If You Miss a Payroll Tax Deadline in California? Consequences & Fixes

Sep-22-2025



Operating a business in California is associated with a lot of responsibility, and payroll tax compliance is among the most significant ones. The employers have to withhold, deposit, and file federal and state payroll taxes in a timely manner. Being late in such deadlines, either with the IRS or the California Employment Development Department (EDD), can be a serious financial, legal, and reputation problem for your company.

In contrast to most states, California has stringent rules on payroll taxes, frequent filing regulations, and is enforced by EDD. This implies that a minor error can easily turn into a significant punishment.

This blog will discuss what actually happens when you fail to pay payroll taxes in California, the outcome that might arise, and the possible actions that can be implemented to salvage the situation before it gets out of hand.

Payroll Tax Responsibilities in California

When processing the payroll in California, you are liable for both the federal payroll taxes and the California state payroll taxes. Both of them have deadlines and punishments for non-compliance.

  • Federal Payroll Taxes (IRS):
    • Federal income tax withholding
    • Social Security & Medicare (FICA)
    • Federal unemployment tax (FUTA)
  • California State Payroll Taxes (EDD):
    • Personal income tax withholding (PIT)
    • State disability insurance (SDI)
    • Unemployment insurance (UI)
    • Employment training tax (ETT
  • Employers must also file forms such as:
  • Form 941 (federal quarterly return)
  • Form 940 (annual FUTA return)
  • California DE 9 (quarterly return)
  • California DE 9C (quarterly wage report)
  • DE 88 (deposit form)

Both the IRS and EDD require on-time deposits and filings. A failure to meet the deadline might result in sanctions at both tiers, and the penalties can be piled up in California.

Consequences of Missing a Payroll Tax Deadline in California

Here is what employers risk not paying payroll tax

1. EDD Penalties and Interest

California EDD is quite serious about missed deadlines. Common penalties include:

  • Late payment penalty of 15% on unpaid contributions.
  • Interest payments every day till the account is paid off.
  • Punishments for non-filing of forms such as DE 9 and DE 9C.

These costs have the potential to get bigger in a very short time.

2. IRS Failure-to-Deposit Penalties

On the federal side, the IRS charges:

  • 2% penalty if payment is 1–5 days late
  • 5% penalty if 6–15 days late
  • 10% penalty if more than 15 days late
  • 15% penalty if payment is still not made after an IRS notice

This means a missed deposit can cost a business thousands of dollars within just weeks.

3. Personal Liability for Unpaid Taxes

Payroll taxes are considered trust fund taxes since they are deducted from the paychecks of employees. Failure to remit these funds will subject both the IRS and EDD to impose personal liabilities upon responsible persons, including the owners of the business, officers, and payroll managers.
The EDD can collect unpaid PIT debts in California. On the federal level, the IRS is capable of implementing the Trust Fund Recovery Penalty (TFRP).

4. Legal Action and Asset Seizures

If payroll taxes remain unpaid:

  • The EDD may issue tax liens on business or personal property.
  • IRS has the right to seize your property or bank accounts.
  • In the worst-case scenario, criminal charges can also be applied.

These are rare but serve as a reminder of how serious payroll tax non-compliance can become.

5. Business Reputation and Financial Impact

Not only is late payment of payroll taxes expensive, but it also damages the reputation of your business. Failure to comply is a warning sign to lenders, investors, and government agencies. This can:

  • Make it harder to secure financing
  • Harm employee trust (if benefits like SDI or UI are delayed)
  • Trigger more frequent audits from the EDD

How to Fix Missed Payroll Tax Deadlines in California

If you’ve already missed a payroll tax deadline, here’s how to take control:

1. Pay Immediately

Submit overdue payroll taxes as soon as possible. Use:

  • EFTPS (federal) for IRS deposits
  • e-Services for Business (EDD) for California taxes

Even partial payments reduce penalties and show good faith.

2. File All Outstanding Forms

Don’t delay filing required returns, even if you can’t pay in full. Examples include:

  • IRS Form 941 (quarterly federal return)
  • California DE 9 and DE 9C

Failure to file creates additional penalties on top of late payment fees.

3. Contact the Agencies

If you cannot pay in full:

  • Request a payment plan from the IRS or EDD.
  • Demonstrating proactive communication often reduces enforcement risk.

4. Correct Errors Promptly

If the issue was caused by incorrect reporting:

  • File amended returns such as California DE 9ADJ
  • Correct W-2 reporting errors quickly to avoid year-end issues.

5. Seek Professional Help

Payroll tax problems can be complex. A provider like PayProNext helps:

  • Sought out the previous compliance issues as soon as possible.
  • Make sure that you have an automated payroll calculation software that also helps with tax deposits.
  • You are to maintain a calendar for missed deadlines.

How to Avoid Payroll Tax Problems in California

The best fix is prevention. To avoid problems:

  • Track deadlines carefully: Quarterly DE 9/DE 9C filings are due the last day of the month after each quarter. The deposits can be made monthly, semi-weekly, or quarterly, based on your payroll size.
  • Electronic systems: IRS needs EFTPS, California needs e-Services for Business.
  • Automate payroll: Payroll software or services ensure accurate tax withholdings and filings.
  • Be systematically organized: Have a payroll compliance calendar and monitor reports & deadlines regularly.
  • Collaborate with specialists: By outsourcing to a payroll service, you will save time and be accurate.

Final Thoughts

Missing a payroll tax deadline is not just an incidental thing in California because it may lead to the imposition of huge fines, personal liability, and irreparable damage to your business. The good news, however, is that a fallout can be prevented with a quick response, and with the correct systems in place, you can contain the issue entirely.

At PayProNext, our mission is to help California businesses simplify payroll, stay up to date with the regulations of the IRS and EDD, and not worry about the deadline anymore. Whether it is automation or professional advice, we will have you covered so that you can never lag.

Payroll Tax Deadlines: Need someone to take care of payroll tax in California? Contact us now