Trust Fund Penalty Act - Bad News For Business Owners With Tax Problems
The Trust Fund Penalty act was enacted in 1998 to assist in collecting back payroll taxes due to the government. These taxes can include payroll or federal excise taxes. A trust fund penalty recovery could spell disaster for the entrepreneur, corporate manager, director, officer or employee who fails to pay their taxes. The general rule for this that any person required to collect, truthfully account for and pay over any tax imposed by this title who will fully fails to collect such tax, or truthfully account for and pay over such tax or will fully attempts in any manner to evade or defeat any such tax payment thereof, shall, in addition to other penalties provided by law, be liable to a penalty equal to the total amount of the tax evaded, or not collected, or not accounted for and paid over.Anyone who has a degree of responsibility can be liable regardless of title which is included as a director who is not an officer or employee as long as he was responsible for the payment of the withholding taxes. The IRS can asses those who are in the corporation who they find to be both willful and responsible for the nonpayment of their tax funds to the government. If business owners have financial trouble and they fail to pay these taxes because they do not have enough money... ...read full post


