What Is a Trust Fund Recovery Penalty?

Have you received notices from the IRS stating that you have not turned in your 941 payroll tax return? Or maybe they have not received them? Are you repaying an outstanding penalty or not able to make payments on your payroll taxes? Did you forget to file a return? Are you having financial difficulties? Are you being threatened with a garnishment or levy against your bank account? Or are you possibly facing a Trust Fund Recovery Penalty because of begin personally responsible for the debt? If the answer to any of these questions is yes, then you most definitely need the assistance of a tax attorney.

Trust Fund Recovery Penalty

As with any problem you encounter, no amount of sidestepping or creative avoidance is going to alleviate the situation. Avoiding it altogether is not an option and will only result in the situation growing more and more out of control. The IRS is very adept at debt collection and they will get their money due, one way or another. That one way could be through a Trust Fund Recovery Penalty. They look for who holds responsibility for the tax debt and then begin the collection process immediately. They issue fines and penalties that grow daily with interest fees.

Internal Revenue Code 6672

As part of the debt collection process the IRS will put levies against any and all assets you have personally, as well as any possible business assets. The IRS Trust Fund Recovery Penalty is outlined in the Internal Revenue Codes Section 6672 (a). It is outlined as being a 100% penalty, and is assessed in the event that "trust funds" are not paid. Trust funds are considered as income withholding that an employer is required by law to deduct from employee payroll checks. These funds include; federal and state taxes, Social Security and Medicare taxes as well. The amount is held in trust until it is to be paid to the IRS.

Who is liable for paying the penalty?

Who is responsible for paying a Trust Fund Recovery Penalty? This would be the person who has the power to make the payroll deductions, but who fails to make the required payment. This may be one person or a group of people as a collective. This person may be the company CEO (Chief Executive Officer), a corporate employee, a corporation director or primary shareholder, a board of trustee member of a nonprofit group or any other person who has the authority over the disbursement of payroll funds.

The IRS can levy a Trust Fund Recovery Penalty against anyone. However, the IRS will determine according to their guidelines that are most financially responsible and go after them. They have outlined rules governing who they determine who is responsible: this person must have had knowledge about the unpaid taxes, have misused the funds to keep the business afloat or disbursed the funds to other creditors, and there are other standards in addition to these. A tax attorney is going to know everything about how to handle this situation and will provide you with proper guidance in the event you are fined.

What can you do to prove your innocence?

If you are on the receiving end of a Trust Fund Recovery Penalty, there are many questions you will have. Such as do you know what your rights are? Are you the one who is legally responsible for the penalty or should it be someone else? Do you know if the IRS has assessed the correct amount of "Trust Funds"? Do you qualify for an Offer of Compromise? Can you make the payment in full or do you need an installment plan? Will they seize your home, property or other assets? All these questions can be answered by a qualified tax professional that will look out for your best interests. We at Instant Tax Solutions can do just that for you!