Problem with Applied Underwriters

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SFINS
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Posts: 15
Joined: Wed Feb 15, 2006 12:09 pm
Location: San Francisco

Problem with Applied Underwriters

Post by SFINS »

To all of my fellow agents out there who have experienced problems with Applied Underwriters, I was hoping someone might have some input on a crisis that I have encountered with one of my clients.

I placed the insured with Applied (oops) back in 2003. After several months of problems with Applied, we were able to finally get State Fund to accept them (this was when SCIF was doing their best to not accept any new biz).

This week, I received a call from an enraged insured who has received a demand for 940 & 941 filings for part of the period that they were with Applied. The insured explained to the IRS that they technically had no employees at the time (as they were on Applied's payroll), and the IRS was unwilling to accept this as an answer.

The insured contacted Applied, and was provided a copy of IRS form 2678 (Employer Appointment of Agent) that was completed previously, and the insured was told to provide this form to the IRS.

The insured did so, and the IRS informed the insured that this was not acceptable, and that the insured was on the hook for about $50K in payroll taxes for the period when they were with Applied. The insured has made attempts to obtain help from Applied to no avail (big surprise).

If anyone has any input on how to help this client, PLEASE let me know.

I have had this account for over 5 years, and they generate about $15K in commission annually. The insured has made it clear that if I do not come up with a solution, I'm fired. After all, I'm the one who placed them with Applied.

To all of the PEO pushers on the board who have inquired as to why agents and brokers do not like using PEO's, here's a good example.
:evil:
volstrike3
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Joined: Mon May 15, 2006 1:44 pm
Location: Northern CA

Applied

Post by volstrike3 »

Applied is not a PEO but rather a payroll company that provides comp as well as some EPL coverage. I am sure they will be able to explain/fix what happened regarding the tax situation. I am not a huge fan of their product but they are an honest company.
SFINS
Insurance Journal Enthusiast
Posts: 15
Joined: Wed Feb 15, 2006 12:09 pm
Location: San Francisco

Post by SFINS »

Volstrike,

Applied is a PEO, at least as far as the EDD is concerned according to this article from the LA Times.

http://www.michigan.gov/documents/uia_l ... 5141_7.pdf

Applied runs the insured's payroll under their (Applied's) tax ID number. If you ask them, they will swear up and down that they are not a PEO, but the bottom line is that there is a co-employer relationship.

If they were just a payroll company that provides comp, they would be much easier to deal with.

So here is where my client's problem lies. They had employees (as a co-employer) for the period in question, but the payroll was run under Applied's EIN. Applied has failed to provide any documentation to the client indicating that my client's employees were on Applied's payroll, and the IRS wants the insured to cough up the money for the taxes for that period, which were paid to Applied as included in the bill for their "integrated" product.

So, has anyone else out there encountered a similar situation?
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