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Trust Fund Recovery

Unpaid Payroll Taxes – Get Legal Representation

Significant Trust Fund Recovery penalties and interest can be accessed by failing to forward payroll taxes in the time windows allowed.  The Internal Revenue Code gives the IRS broad and powerful powers with regard to unpaid payroll tax liabilities.  As a result, the IRS is almost always aggressive in pursuing businesses for unpaid payroll tax liabilities. The State or IRS is often able to pursue the business owner(s) personally for the business’s unpaid payroll tax liabilities.

The State and IRS can pursue the Business Owners Personally

This is accomplished by assessing the “trust fund recovery penalty” against a “responsible party.”  Trust fund taxes are the income and social security taxes an employer withholds from the wages of employees.  You may think that corporate officers, directors, stockholders and employees are protected from personal liability for the debts of their corporations, the IRS can and often does assess personal liability against “responsible persons.”

Anyone who signed checks or had the authority to sign checks is at risk of being found responsible. If you are being threatened by the IRS with a trust fund recovery action, or if a trust fund recovery penalty was recently assessed against you, it is time to consult with an experienced tax lawyer as soon as possible.

Remember, the IRS considers unfiled payroll taxes to be the worst possible tax debt and unpaid payroll taxes as literally “stealing” directly from the government. Often times the unpaid payroll taxes can be negotiated down to a more reasonable “settlement amount,” and likewise, any penalties and interest eliminated. Since these cases are always unique, you should have a tax lawyer carefully explore all of your options and suggest you the most affordable and beneficial solution possible.

Meet Paul Raymond

Meet Paul Raymond

Mr. Raymond is a sought after speaker in tax controversy law by many attorney, accountant, and business groups and at the request of the Internal Revenue Service, has presented programs at the IRS Nationwide Tax Forum, attended by tax professionals throughout the United States.

Additionally, he continues to be an active member in the Section of Taxation, American Bar Association, where he was the Past Chair of the Employment Taxes Committee.

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Member CA Bar Member Orange County Bar US Tax Court Attorney