Trust Fund Recovery Penalty: Personal Liability for Payroll Taxes

Trust Fund Recovery Penalty: What Business Owners Need to KnowKey Takeaways The TFRP equals 100% of unpaid trust fund employment taxes — assessed personally against responsible individuals "Responsible person" is defined broadly: officers, directors, bookkeepers, and anyone with authority over which creditors get paid The Form 4180 interview is the IRS's primary tool for identifying responsible persons — what you say matters enormously Multiple individuals can be assessed the TFRP for the same tax periods (joint and several liability) TFRP assessments survive bankruptcy — they cannot be discharged under Chapter 7 or Chapter 13 What Is the Trust Fund Recovery Penalty? The Trust Fund Recovery Penalty (TFRP), codified in IRC § 6672, allows the IRS to assess a penalty equal to 100% of unpaid trust fund employment taxes against any individual who was a "responsible person" and who "willfully" failed to collect, account for, or pay over those taxes. Trust fund taxes are the income tax withholding and employee's share of FICA taxes that an employer withholds from employees' paychecks. These funds are held "in trust" for the government — they never belonged to the employer. When an employer uses these funds for other business expenses instead of paying them to the IRS, the responsible individuals can be held personally liable. What's Included in Trust Fund Taxes Trust Fund (TFRP applies) Non-Trust Fund (TFRP does NOT apply) Federal income tax withholding Employer's share of FICA (Social Security + Medicare) Employee's share of Social Security tax Federal unemployment tax (FUTA) Employee's share of Medicare tax State unemployment tax Who Is a "Responsible Person"? The IRS defines "responsible person" broadly under IRC § 6672. You are a responsible person if you have the duty to collect, account for, or pay over trust fund taxes and you have the authority to direct which creditors are paid. The IRS looks at function, not...Home | Services | IRS Audit Defense | IRS Appeals | Tax Court Litigation | IRS Collections Defense | Penalty Abatement | Offer in Compromise | Innocent Spouse Relief | Blog | IRS Collections Defense: How to Stop Levies, Liens, and Seizures | Tax Fraud & Criminal Tax Defense: Complete Guide | Complete Guide to IRS Tax Debt Resolution Options | IRS Audit Defense: How to Fight the IRS and Win | What to Do When You Receive an IRS Audit Notice | Understanding IRS Appeals: Your Rights and Options | How to Request Penalty Abatement from the IRS | Offer in Compromise: Is It Right for You? | IRS Audit Defense: Complete Guide for High Earners | IRS Appeals Process: Expert Guide for Taxpayers | US Tax Court Litigation: Guide for High Earners | IRS Collections Defense: Strategies for Taxpayers | IRS Penalty Abatement: First-Time, Reasonable Cause, and How to Request | IRS Offer in Compromise: Eligibility, Process, and How to Settle for Less | IRS Innocent Spouse Relief: Escaping Your Spouse's Tax Debt | IRS Letters & Notices: What They Mean and How to Act | IRS Installment Agreement: Payment Plans, Types, and How to Apply | Currently Not Collectible Status: How to Pause IRS Collections | IRS Wage Garnishment: How to Stop It and Protect Your Paycheck | IRS Bank Levy: How to Release a Frozen Account in 21 Days | IRS Tax Lien: How Federal Tax Liens Work and How to Remove Them | International Tax Disputes & Offshore Compliance Guide | Cryptocurrency Tax Audit Defense | IRS Crypto Disputes | Estate & Gift Tax Audit Defense | IRS Valuation Disputes | S-Corp Tax Controversies | Reasonable Compensation Defense | High-Net-Worth IRS Audit Defense | Wealth Protection | How to Choose a Tax Controversy Attorney | Expert Guide | What Triggers an IRS Audit: 15 Red Flags That Put You at Risk | The IRS Audit Process: A Step-by-Step Timeline from Notice to Resolution | IRS Audit Representation: Why You Need a Tax Attorney, Not Just a CPA | Your Rights During an IRS Audit: The Taxpayer Bill of Rights Explained | IRS Correspondence Audit vs. Field Audit: Key Differences and How to Respond | How to Respond to an IRS Audit Letter: Deadlines, Documents, and Strategy | IRS Audit Reconsideration: How to Reopen a Closed Audit and Fight Back | High-Income IRS Audits: What HNWIs Need to Know About Wealth Squad Targeting | Partial Pay Installment Agreement: Settle Tax Debt Over Time for Less | IRS Statute of Limitations on Collections: The 10-Year Rule Explained | IRS Criminal Investigation: How CI Investigations Work and What to Expect | Voluntary Disclosure: How to Come Clean with the IRS Before They Find You | Civil vs. Criminal Tax Fraud: Key Differences, Penalties, and What Determines Your Case | IRS Summons: How to Respond, Your Rights, and When to Fight Back | Employment Tax Fraud: Trust Fund Penalties, Criminal Exposure, and Defense Strategies | Offshore Tax Evasion: FATCA, FBAR Penalties, and How to Come Into Compliance | IRS Criminal Tax Penalties: Prison Sentences, Fines, and Collateral Consequences | Tax Fraud Red Flags: IRS Badges of Fraud and What Triggers Criminal Referrals | IRS Collection Due Process: Your Right to a CDP Hearing | IRS Asset Seizure: What the IRS Can and Cannot Take | Trust Fund Recovery Penalty: What Business Owners Need to Know | IRS Passport Revocation: How Tax Debt Can Ground Your Travel | IRS Collections and Bankruptcy: Can You Discharge Tax Debt? | IRS Notice CP504: What It Means and How to Respond Immediately | IRS Lien vs. Levy: Key Differences and How to Fight Both | IRS Appeals & Tax Court: The Complete Guide to Fighting IRS Decisions | IRS Notice of Deficiency (90-Day Letter): Your Right to Tax Court | IRS Appeals Conference: How to Prepare and Win Your Case | How to File a Tax Court Petition: Deadlines, Forms, and Strategy | Tax Court Small Case Procedure: Disputes Under $50,000 | IRS Fast Track Settlement: Resolve Disputes Without Appeals or Court | How to Appeal IRS Audit Results: Step-by-Step Guide | Tax Court vs. District Court: Choosing the Right Forum for Your Tax Dispute | How Long Does IRS Appeals Take? Timelines, Delays, and What to Expect | Understanding IRS Notices and Letters: Complete Guide to Every IRS Communication | IRS Notice CP14: First Balance Due Notice — What It Means and How to Respond | IRS Notice CP2000: Income Discrepancy — Why the IRS Says You Owe More | IRS Notices CP501 and CP503: Collection Reminder Letters Explained | IRS Letter 525: Audit Examination Notification and How to Respond | IRS Notice LT11: Final Notice of Intent to Levy — Your Last Chance to Act | IRS Letter 3219: Statutory Notice of Deficiency Explained | IRS Notice CP523: Defaulted Installment Agreement — How to Reinstate | IRS Notices CP91 and CP298: Social Security Levy and Federal Payment Levy | Business Tax Disputes: Complete Guide to IRS Business Audits and Controversies | Partnership Audit Rules: The BBA and Centralized Partnership Audit Regime | IRS Worker Classification: 1099 vs W-2 Disputes and How to Defend | Payroll Tax Disputes: How to Resolve 941 Penalties and Trust Fund Issues | IRS Business Income Reconstruction: Methods, Defenses, and Strategies | Corporate Officer Tax Liability: When Business Owners Become Personally Liable | IRS Audit of Business Deductions: Defending Expenses, Travel, and Meals | ERC Audit and Clawback Defense: Protecting Your Employee Retention Credit | IRS Independent Contractor Audit: Section 530 Relief and Defense Strategies | International Tax Compliance & Offshore Account Defense: Complete Guide | FBAR Filing Requirements and Penalties: What You Need to Know About FinCEN 114 | FATCA Compliance: Reporting Requirements for US Persons with Foreign Assets | IRS Streamlined Filing Compliance Procedures: Catch Up Without Criminal Exposure | Foreign Trust Reporting: Form 3520 and 3520-A Requirements and Penalties | Expatriate Tax: Exit Tax, FBAR, and Tax Obligations for Americans Abroad | PFIC Tax Rules: Passive Foreign Investment Company Compliance and Reporting | Transfer Pricing Disputes: IRS Enforcement and How to Defend Your Positions | Unreported Foreign Income: IRS Enforcement, Penalties, and Defense Options | Our Team | Case Results | Contact Us | Miami Office | Las Vegas Office | Privacy Policy | Terms of Use