IRS
TRUST FUND RECOVERY PENALTY
(100%
PENALTY)
The
responsible person interview, how to make designated payments to the
trust fund liability, civil and criminal liability exposure, who is a
responsible person, when is non payment of payroll taxes willfull, Abatement Requests, Collection Due Process, sample
case study, and avoiding the IRS Interview.
Trust Fund Recovery
Penalty (100% Penalty)
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What is the Trust Fund
Recovery Penalty? The Trust Fund Recovery Penalty
(the 100% penalty) is authorized under section 6672 of the
Internal Revenue Code. Any person required to collect, truthfully account for,
and pay over any tax imposed by this title who willfully fails
to collect such tax, or truthfully account for and pay over such
tax, or willfully attempts in any manner to evade or defeat any
such tax or the 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.
Trust Fund Liability
Topics are below:
THE
IRS TRUST FUND RECOVERY PENALTY- AN OVERVIEW OF IRS INTERVIEW FORM 4180
AND THE INVESTIGATIVE PROCESS IN DETERMINING YOUR PERSONAL LIABILITY: (read
more here)
Trust
Fund Recovery Penalty Interview FORM 4180 - (copy
of form 4180)
Trust
Fund Recovery Penalty - the "Interview":
In
conducting its investigation seeking to impose the Trust Fund Recovery
Penalty against "responsible persons" who willfully failed to
collect or pay over trust fund taxes to the United States, the
IRS will request targeted taxpayer's, as well as other potential
witnesses, to complete an interview form (form 4180). The purpose of the
questions is to determine liability (an element of which is
“willfulness”). The
serious nature of the Responsible Person “Interview” and form 4180, is
that there exists not only civil liability exposure for the Trust Fund
Recover Penalty, but also the potential for criminal prosecution. The
interview form should not be filled out without the aid and assistance of
legal counsel. (read
more here).
How to
make a designated payment for Trust Fund Taxes so as to reduce
“Responsible Person” liability exposure?
An
explanation, together with a sample letter and designation on the Face of
the Check, are provided. (read
more here)
You
are asked by a family or friend to help out and sign a few checks. What
Should you do?
A
family member owns a small business and they are going on a trip. They ask
you to merely sign a few checks for their business while they are away.
... What should you do? (read
more here)
A
Warning from the government. The coming storm?
Dept
of Justice Warning About Employment
Taxes, Trust Fund Recovery Penalty, Civil
and Criminal Exposure - Dept. Of Justice News (2017
warning - read more here)
“IRS
TRUST FUND RECOVERY PENALTY (100%
PENALTY)”- SAMPLE CASE study:
This
is an actual case file (names removed) with Legal counsel's letters, and
affidavits.
Request was made for abatement of an erroneously assessed Trust Fund
Recovery Penalty against a spouse who, signed checks, held corporate
"titles" in name only, and signed corporate documents. A
full abatement was achieved. (Read
More Here)
The
IRS Interview form 4180 and the investigation: June 29, 2017 – IRS
issued Revised Internal Revenue Manual provisions regarding: Trust Fund
Compliance – Investigation and Recommendation of the Trust Fund Recovery
Penalty (copy
here)
Call
for your free consultation
The above limited information is intended for
informational purposes only. If legal advice or other expert
assistance is required, the services of a competent professional should
be sought, and this general information should not be relied upon
without such professional assistance. |
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