Is the Internal Revenue Service holding you responsible for trust fund taxes as a result of Tax Form 945?
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IRS will try to collect these taxes from those whose obligation it was to withhold and make the payments to IRS. Do not accept the fact that IRS is making you responsible. Fight IRS on this issue. File an appeal with the IRS through Fresh Start Tax.
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Depositing Withheld Taxes
Deposit all non payroll (Form 945) withheld federal income tax, including backup withholding, using EFTPS. Combine all Form 945 taxes for deposit purposes. Do not combine deposits for Forms 941, 943, 944, or Form CT-1 with deposits for Form 945.
Generally, the deposit rules that apply to Form 941 also apply to Form 945. However, because Form 945 is an annual return, the rules for determining your deposit schedule (discussed below) are different from those for Form 941. See section 11 of Pub. 15 (Circular E) for a detailed discussion of the deposit rules.
Determining your deposit schedule. There are two deposit schedules—monthly or semiweekly— for determining when you must deposit withheld federal income tax. These schedules tell you when a deposit is due after a tax liability arises (that is, you make a payment subject to federal income tax withholding, including backup withholding).
Before the beginning of each calendar year, you must determine which of the two deposit schedules you must use.
For 2011, you are a monthly schedule depositor for
Form 945 if the total tax reported on your 2009 Form 945 (line 3) was $50,000 or less. If the total tax reported for 2009 exceeded $50,000, you are a semiweekly schedule depositor.
If you are a monthly schedule depositor and accumulate a $100,000 liability or more on any day during a calendar month, your deposit schedule changes on the next day to semiweekly for the remainder of the year and for the following year.
For more information, see the in section 11 of Pub. 15 (Circular E).
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