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“IRS TRUST FUND RECOVERY PENALTY

(100% PENALTY)”

The "interview", designated payments, "responsibility", "willfully", Abatement Requests, Collection Due Process, sample case study, and what should a taxpayer do? 

 

Trust Fund Recovery Penalty (100% Penalty)

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. (read more here)

 

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)  

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)

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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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