The groundwork for the CPEO designation came in late 2014, when the Small Business Efficiency Act (SBEA)
became law and provided federal recognition of PEO services. Once in place, the SBEA required the IRS to create a voluntary certification program for PEOs.
On June 1, 2017, the IRS designated the first group of PEOs (roughly 35 providers) as Certified Professional Employer Organizations. This designation acknowledges PEOs who’ve met the strict requirements set by the U.S. Government, such as proper tax status, bonding and financial reporting.
Once certified, a CPEO minimizes the financial liability on an employer. When dealing with a non-certified PEO, the IRS views both the PEO and the employer jointly liable for the payment of payroll taxes.
This means if a non-certified PEO fails to pay an employer’s payroll taxes, the IRS can pursue the employer for taxes owed, even if they remitted the payroll taxes to the PEO. This puts a great deal of financial risk on the SMB, who may or may not be aware of any unpaid taxes or penalties until the IRS sends a notice and a bill.