IRS does not want to seize your business for back taxes due on payroll taxes, however 941 payroll taxes are a big concern for the IRS. Payroll tax liabilities are a first priority for the Internal Revenue Service. Delinquent payroll tax liabilities can cause major hardships on both the company and the individuals that are responsible for the payroll tax filings. This section will deal with two issues, a corporation that currently owes payroll taxes and the individual who has been set up for the Trust Fund Recovery Penalty.
Businesses that are currently operating and owe payroll taxes will find that the IRS will be very aggressive with the collection process of these type of taxes. The IRS looks at this type of payment as monies that were held in trust by your company and meant to be paid to the IRS for the benefit of the employees. These actually are not taxes, the government has trusted the company to collect and remit these monies to the IRS.
The IRS and its agents keep a watchful eye out for repeat offenders and companies that run up deficits quarter after quarter. These companies are prime targets for the IRS. If the payroll taxes are not paid the IRS could close the company and sell off the assets of the company to obtain the payment due. The IRS could also get a copy of the company’s accounts receivable list and send levies out to all people that owe the company money. IRS also has a special call alert system and FTD (federal tax deposits) system alert to let them know who, in their area, is behind on payroll taxes. 941 Payroll Taxes or Trust Fund Cases are one of the IRS’s top priority.
The IRS can file a Federal Tax Lien locally against the company that owes the payroll taxes. In addition, IRS may file a Federal Tax Lien under the UCC (Uniform Commercial Code), in the state capitol where the business is located. This will effect the credit, the ability to borrow, and how vendors check on and deal with your company.
With the economic downturn, many companies are going to find themselves dipping into the employee payroll taxes. Doing this can cause a huge problem and it is only a matter of time before the IRS comes knocking at the door. If you find yourself in this situation, our professional tax team will be able to help your company avoid forced collection from the IRS and negotiate a livable payment agreement. These are situations that you should only use a professional tax resolution company because of the high priority the government places on delinquent payroll taxes.
One of the issues a delinquent payroll tax liability in a corporation creates is the personal responsibility. This never goes away until the payroll tax, Trust Fund Liability is paid in full. The IRS will conduct an investigation and find out who is responsible for the Trust Fund Liability. They want to find out who was the decision maker and who authorized and was responsible for paying the bills. After the investigation the IRS sends out a letter to those individuals they found responsible. These individuals will get a chance to appeal those findings. Once the determinations are made the assessments become final and IRS will personally go after the assets of the individuals who are responsible for paying these taxes. If you are a responsible officer or party of a corporation that owes back payroll taxes, the IRS will look not only to the company, but also to you personally for the amount due. This is known as the Trust Fund Penalty. This will not go away until the amount due is paid. In addition, the amount owed is not discharged in bankruptcy. The IRS will pursue you until they are paid in full from whatever source available.
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