Employment Taxes and the Trust Fund Recovery Penalty (TFRP).
Notice 784, Could You be Personally Liable for Certain Unpaid Federal Taxes?
IRS has updated its webpage guidance on the trust fund recovery penalty and who IRS can reach to pay it. The guidance is a reminder for all potential “responsible persons” to make sure that timely payment of employment taxes is given the highest priority at any profit or nonprofit enterprise.
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STEVEN V. MELNIK, J.D., LL.M. (Tax), CPA, is an associate professor of tax law and the academic director of the graduate and undergraduate tax areas at Baruch College, CUNY in New York City. He is licensed to practice law in New York and New Jersey, and has more than 15 years experience helping individuals and businesses with tax, asset protection, and estate planning matters. This article is an adapted version of a chapter from his best-selling book, Tax Relief and Resolution: The Ultimate Guide to Paying Less to the IRS Starting Now (Flamenco Press, 2014).
A business is responsible for ensuring that taxes withheld from its W-2 employees’ payroll checks are paid. As an employer, a business is also liable for Social Security and Medicare payments and taxes and its employees’ contribution to these taxes. Staying current with payroll taxes should be a top priority for all businesses.
The trust fund recovery penalty (TFRP) can be applied to any responsible person who willfully fails to collect or pay trust fund taxes. The penalty amount is equal to the total amount of the tax that was not paid, up to the full amount. This is why it is sometimes known as the 100% penalty. The penalty is separate from the tax and the employer’s liability for such taxes.
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