Trust Fund Recovery Penalty (Section 6672): Frequently Asked Questions
Expert guidance from Mike Habib, EA – Specializing in IRS tax representation and audit defense
What is the Trust Fund Recovery Penalty? 1153 letter?
The Trust Fund Recovery Penalty (TFRP) under Internal Revenue Code Section 6672 allows the IRS to personally assess business taxes against individuals deemed “responsible persons.” This penalty applies when a business fails to pay over employment taxes (federal income tax withholding, Social Security, and Medicare taxes withheld from employee paychecks).
The penalty is 100% of the unpaid trust fund taxes, making it one of the most severe penalties the IRS can impose. Unlike corporate debt, this penalty attaches directly to individuals, putting personal assets at risk.
Who Can the IRS Hold Responsible for Unpaid Payroll Taxes? 1153 letter?
The IRS can assess the TFRP against any person who:
- Was responsible for collecting, accounting for, or paying over the trust fund taxes, AND
- Willfully failed to ensure those taxes were paid
Importantly, you don’t need to have both responsibilities—either one can make you liable. The IRS interprets these requirements broadly, often targeting multiple individuals within an organization.
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