Payroll Taxes and Trust Fund Recovery
- Have you been unable to pay your payroll taxes or are you making payments on old taxes?
- Did you forget to file your payroll returns?
- Didn’t file your payroll returns because you couldn’t afford to pay the taxes due?
- Is the IRS threatening to levy your bank account or close your business?
- Has the IRS recently proposed a “Trust Fund Recovery Penalty” assessment against you as the responsible person?
- If you are making payments to the IRS on previous payroll taxes, are you making the right type of payment?
Call Alliance Tax Resolution Service 1-800-742-5132
We can prepare unfiled Form 941s and find a solution to your Payroll Tax problems
For many businesses, when they start to have financial problems one of the first things to happen is the payroll taxes are not paid on time and the payroll returns are not filed on time. Both of these are among the worst things to do when a business has fallen upon hard times.
Trust funds are the money you withhold from an employee’s paycheck, which includes federal income tax and the employees’ share of FICA and Medicare. This money is held in trust until you pay it to the Internal Revenue Service. The IRS codes say any person required to collect, truthfully account for, and pay over any tax imposed by this title who willfully fails to collect such tax, or truthfully account for or pay over such tax, or willfully attempts in any manner to evade or defeat any such tax or the payment thereof, shall, in addition to other penalties provided by law, be personally liable for a penalty equal to the total amount of the tax evaded, or not collected.
This means not only is your company liable for Trust funds, but you are also personally liable for Trust funds if:
- You are the “responsible” person
- You “willfully” failed to collect or pay over payroll taxes
- You had knowledge that the payroll taxes were unpaid
- You had the power to control payments to creditors or the IRS
- You prepared or signed the 941 returns
According to the IRS, a responsible person is a person or group of people who have the duty to perform and the power to direct the collecting, accounting and paying of trust funds. This person may be:
- an officer or an employee of a corporation
- a member or employee of a partnership
- a corporate director or shareholder
- a member of a board of trustees of a nonprofit organization, or
- any person with the authority and control to direct the disbursement of funds
The IRS may assess the penalty against anyone who may be a responsible person. The IRS will be looking for someone to penalize and it may be you!
Be aware; Trust Fund Penalties cannot be discharged in bankruptcy.
If you know the IRS is planning to assess the Trust Fund Recovery Penalty against you, or if they have already assessed the penalty against you:
- Do you know what your rights are?
- Are you the person who should be assessed, or is it someone else?
- Do you know if you have been assessed the proper amount of “Trust Funds”?
- Will you qualify for an “Offer in Compromise”?
- Can you qualify to make installment payments?
- Will you lose your home, your bank account, your car or your life savings?
Don’t wait. Contact Alliance Tax Resolution Service now. We can help you answer those questions.
Alliance Tax Resolution Service 1-800-742-5132
