Employment Tax Legal Specialists
The tax attorneys at Anderson & Jahde understand how businesses can run into employment tax problems. During difficult economic times, businesses can find themselves unable to pay their creditors. Sometimes, they decide to pay wages and suppliers rather than employment taxes. The decision might make business sense – if their employees and suppliers are not paid, the business will fail. Unfortunately, good business decisions can have bad tax results and could lead to personal liability under the Trust Fund Recovery Penalty.
Owners, officers and other individuals can be personally liable under the Trust Fund Recovery Penalty of IRC § 6672. The Trust Fund Recovery Penalty generally applies to “responsible persons” who “willfully” fail to withhold and remit employment taxes to the IRS.
The IRS is aggressive in its investigation and enforcement of the Trust Fund Recovery Penalty. Once the IRS detects a failure to deposit, a Revenue Officer starts a collection case against the business and starts to build a case for personal liability under the Trust Fund Recovery Penalty. While the IRS usually informs taxpayers that they could be liable for the Trust Fund Recovery Penalty, the path to liability can be difficult to discern. Business owners and officers should not risk dealing with the IRS without an experienced employment tax attorney.
Anderson & Jahde is a leading authority in the employment tax arena. Steve Anderson teaches employment tax at the University of Denver, Graduate Tax Program and has helped untold numbers of taxpayers avoid liability under the Trust Fund Recovery Penalty. Anderson & Jahde is currently advising and representing taxpayers with:
- Employment Tax Audits
- Trust Fund Litigation
- Worker Classification
- Trust Fund Defense
To view the official IRS, Employment Tax Guide (Pub 15) please follow the link below
And if you have been contacted by the IRS, do not let there notices go ignored, contact the experienced employment tax legal specialists at Anderson & Jahde now.