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Payroll Tax Problems

Payroll Tax/Trust Fund Recovery Penalty:  Time and again, we see employers fall behind with their payroll deposits.   There are many reasons for this, equipment failure/unforeseen circumstances, bad receivables, timing of cash flows, and a general decrease in sales.  I understand the ebbs and flow of business cash flows because I am a small business owner myself. I will fight to save your business and your livelihood from the IRS.

Business 941 Payroll tax cases can be some of the most complicated cases to resolve.  You do not want to go it alone if you have payroll tax issues.  The IRS takes Payroll Tax Cases very seriously and has their Revenue Officers pursue them aggressively.   The Revenue Officers have one goal COLLECT NOW!  When you fail to pay the federal withheld tax to the government the government is out twice.  Once for giving out refunds/credits to employees and again for not collecting the taxes from you the employer.  So, you can see why the government is not very sympathetic in these types of cases.

When this situation arises, the IRS can and usually will look for responsible parties to assess the trust fund recovery penalty against people they deem a “Responsible Party.” The IRS does this so that they can collect against both the business, and the person responsible for willfully neglecting to remit the payroll deposit. This means two payment plans so that the government can recover its money faster.

To be deemed a responsible party, the IRS will see if a person acted Willfully and if a person had Financial Control over the business.  They will consider if an employee/owner had the following responsibilities:

  • Determine Financial Policy For the Business?
  • Direct or Authorized payments of bills/creditors?
  • Prepare, Review, Sign, or Authorize Transmit Payroll Tax Returns?
  • Have Knowledge that withheld taxes were not paid?
  • Authorize Payroll?
  • Authorized the assignment of any EFTPS or electronic banking PINS?Passwords?
  • Could other individuals do any of the above?
  • Has Signature Authority on Business Bank Accounts?

I have extensive experience defending against trust fund recovery assessments and the negative consequences associated with payroll tax problems.  If you would like to put my years of experience to work for you, Please Call Me Today!  Payroll Tax Cases Should Not Be Handled By Inexperienced People.