Fresh Start Tax 1-866-700-1040 A Professional Tax Firm “A+” Rated by the BBB, Former IRS, AFFORDABLE
We are composed of former IRS agents managers and tax instructors with over 60 years of working directly for Internal Revenue Service in the local, district, and regional tax offices of the Internal Revenue Service.
If you owe back IRS taxes, trust fund tax rate payroll tax debt call us today for free initial tax consultation and hear the truth about your IRS tax debt.
We’ve been practicing since 1982 are A+ rated by the Better Business Bureau
Do not let the IRS hold you responsible for Trust Fund Tax.
Let us fight this tax assessment. We were former IRS Agents who use to teach this while working at the IRS. Let us fight this for you.
Let us file this appeal today. Call us for a free consultation.
Employment Taxes and the Trust Fund Recovery Penalty
The IRS encourages prompt payment of withheld income and employment taxes, including social security taxes, railroad retirement taxes, or collected excise taxes, Congress passed a law that provides for the TFRP.
These taxes are called trust fund taxes because you actually hold the employee’s money in trust until you make a federal tax deposit in that amount.
The TFRP may apply to you if these unpaid trust fund taxes cannot be immediately collected from the business. The business does not have to have stopped operating in order for the TFRP to be assessed.
The IRS can hold you responsible for the trust fund penalty if you were:
1. responsible for collecting or paying withheld income and employment taxes, or for paying collected excise taxes, and
2. willfully fails to collect or pay them.
A responsible person is a person or group of people who has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes. This person may be:
1. an officer or an employee of a corporation,
2 .a member or employee of a partnership,
3. a corporate director or shareholder,
4 .a member of a board of trustees of a nonprofit organization,
5. another person with authority and control over funds to direct their disbursement, or
For wilfulness to exist, the responsible person:
1.must have been, or should have been, aware of the outstanding taxes and
2. either intentionally disregarded the law or was plainly indifferent to its requirements (no evil intent or bad motive is required).
Using available funds to pay other creditors when the business is unable to pay the employment taxes is an indication of wilfulness.
You may be asked to complete an interview in order to determine the full scope of your duties and responsibilities. Responsibility is based on whether an individual exercised independent judgment with respect to the financial affairs of the business.
An employee is not a responsible person if the employee’s function was solely to pay the bills as directed by a superior, rather than to determine which creditors would or would not be paid. Notice 784, Could You Be Personally Liable for Certain Unpaid Federal Taxes, contains additional information regarding the TFRP.
Our Company Resume:
- Our staff has over 135 years of professional tax representation experience collectively
- On staff, Board Certified Tax Attorney’s, Certified Public Accountants, Enrolled Agents,
- Former IRS Managers, Instructors and Trainers
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- Extremely ethical and moral
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- Licensed to practice in all 50 States
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- Nationally Recognized Veteran Former IRS Agent
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