IRS & State Tax Resolution

Payroll & Trust Fund Taxes

Money withheld from employees is not the company's money, and the IRS collects it from people, not only from businesses.

When people call about this

What this usually looks like

  • Payroll tax deposits were missed to keep the business running
  • A revenue officer is asking who signed the checks
  • You received a Letter 1153 proposing a Trust Fund Recovery Penalty
  • The company has closed and the balance is now pointed at you personally

How it actually works

The part that decides the outcome

Trust fund taxes are amounts withheld from someone else to be paid to a taxing authority — income and payroll tax withheld from employees, and state sales tax collected from customers. The law treats them as held in trust, which is why the consequences differ from an ordinary business debt.

The Trust Fund Recovery Penalty pierces the entity. It reaches individuals who were responsible for collecting or paying the tax and who acted willfully in failing to do so. Both elements are questions of fact. Responsibility is about actual authority over the money rather than a title on an org chart, and willfulness has a specific meaning that is narrower than the everyday word.

These investigations move on interviews. What is said early, and by whom, tends to decide the outcome long before any assessment is proposed.

The engagement

How we work a case like this

1. Map the authority

Who actually decided which creditors were paid, in which periods, and on what evidence.

2. Contest the elements

Responsibility and willfulness argued separately, on the facts, before assessment.

3. Resolve what is assessed

Personal liability that survives becomes a collection matter with its own remedies.

Related matters

These rarely arrive on their own

Tax problems overlap. The pages below are the ones that most often belong in the same file as this one.

Worker Classification

Reclassifying contractors as employees creates payroll liability retroactively.

Open — Worker Classification

IRS Tax Debt & Collections

An assessed recovery penalty is collected against you personally, like any other balance.

Open — IRS Tax Debt & Collections

Tax Investigations & Fraud

Unremitted trust fund money draws criminal attention more readily than an unpaid income tax.

Open — Tax Investigations & Fraud

This page is general information, not advice for a specific situation. Available procedures depend on the actual record and on current law, which changes. Confirm before acting, or ask this office to review your own facts.

Next step

A notice from the IRS is not something you should answer alone.

Send a short summary of the problem, or call and describe it. Either way you will know the total cost and the payment terms before any work begins.

Confidential. No obligation. Submitting this form does not create an attorney-client relationship.

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