Form 2751. This form accompanies first letter no 1153. Once you sign From 2751, it is an admission that a person is responsible for the unpaid payroll tax. <\/li><\/ol>\n\n\n\nTherefore if a person doesn\u2019t agree with the letter 1153, then he\/she should not sign Form 2751 and immediately find a tax attorney<\/em><\/strong> to prepare for grounds of appeal for which IRS notice provides 60 days.<\/p>\n\n\n\n<\/span>TFRP?<\/span><\/h2>\n\n\n\nIf the IRS assesses a penalty, it has up to 10 years to collect it. During that time, if you have not made arrangements to settle\/pay the penalties, then you can be subject to \u201cenforced collections\u201d (i.e. the IRS attempting to seize assets, garnish wages, offset refunds, etc.).<\/p>\n\n\n\n
However, the IRS only has 3 years to assess the penalty. This clock starts ticking on April 15 after the year the trust fund taxes were due to be filed. For instance, let\u2019s say a company was supposed to pay some trust fund taxes in October 2019. The IRS has three years from April 15, 2020 to assess the penalty. If the IRS doesn\u2019t do anything by April 14, 2023, it can\u2019t do anything after that date.<\/p>\n\n\n\n
<\/span>How Can You Settle the Trust Fund Penalty?<\/span><\/h2>\n\n\n\nLike other types of tax debt, there are options to pay this penalty. If you don\u2019t have the full payment, you can apply for a payment plan (a.k.a installment agreement). Alternatively, you can try to settle the debt for less than you owe through the offer in a compromise program or through a partial payment installment agreement.<\/p>\n\n\n\n
The important thing to note is that you should contact the IRS and set up an arrangement before the IRS tries to garnish your wages or seize your assets. It is also important to note that these penalties can not be discharged in bankruptcy.<\/p>\n\n\n\n
<\/span>Is the Trust Fund a Tax or a Penalty?<\/span><\/h2>\n\n\n\nThe Trust Fund portion of an employment tax debt can be confusing for a taxpayer experiencing it for the first time. Trust Fund is what people commonly call the Trust Fund Recovery Penalty (TFRP). It is a penalty assessed to an individual in the amount of a specific segment of a business payroll tax liability. It is referred to as the Trust Fund while it is still a business tax liability. Once it is assessed to the individual, it is referred to as a Civil Penalty on letters, notices, and other IRS documents.<\/p>\n\n\n\n
Since the individual(s) didn’t actually accrue the tax debt, it cannot be assessed as true tax liability and is therefore assessed as a Civil Penalty in the same amount of the business Trust Fund tax. It is not<\/strong> added on to the business debt or collected twice from the individual(s) and business. The Trust Fund may be collected only once but from more than one source.<\/p>\n\n\n\nThis means that if the total Trust Fund is $50,000 and the assessed individual pays $25,000 toward the Civil Penalty (TFRP \/ Trust Fund), both the individual Civil Penalty and the total business tax debt will be reduced by the $25,000 payment.<\/p>\n\n\n\n
The Trust Fund Recovery Penalty is a portion of the business employment tax and therefore the business is not eligible to request abatement or removal of it.<\/p>\n\n\n\n
<\/span>What are TFRP Assessment Statute Period?<\/span><\/h2>\n\n\n\nAssessment Statute Dates (ASEDs) for completing the assessment are as under :<\/p>\n\n\n\n
If it pertains to FICA, then t<\/strong>hree years from the succeeding April 15th or <\/strong>three years from the date return was filed; whichever is later.
Example 1: 3rd QTR 2018 941 filed timely. ASED begins 4\/15\/2019
Example 2: 3rd QTR 2018 941 filed 5\/30\/2019. ASED begins 5\/30\/2019
Example 3: 3rd QTR 2018 941 filed 11\/30\/2018. ASED begins 4\/15\/19
<\/p>\n\n\n\nAn excise or Railroad Retirement Act:<\/strong> Three years from the due date of return,
without regard to any extension; or three years from the date return was filed;
whichever is later.<\/p>\n\n\n\nThere are no Trust Fund ASEDs for SFRs, unfiled returns, willful attempts to
evade tax, or false \/ fraudulent returns.<\/p>\n\n\n
\n
\n
\n
What are Trust Fund Taxes?<\/h3>\n\n\n
Trust fund taxes are taxes that an employer withhold from their employees’ share of the social security and Medicare tax they owe. The employer must pay their employees’ trust fund taxes along with employer’s matching share of social security and Medicare tax to the Treasury through the Federal Tax Deposit System<\/p>\n\n<\/div>\n<\/div>\n<\/div>\n<\/div>","protected":false},"excerpt":{"rendered":"
The Trust Fund Recovery Penalty is a penalty imposed upon responsible and willful individuals who fail to collect and\/or pay over to the government as per 26 U.S. Code \u00a7 6672, taxes they are holding in \u201ctrust\u201d for their employees. The most common application of 26 US Code 6672 is on payroll taxes. That is, […]<\/p>\n","protected":false},"author":1,"featured_media":4557,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[3],"tags":[],"amp_enabled":false,"_links":{"self":[{"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/posts\/4552"}],"collection":[{"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/comments?post=4552"}],"version-history":[{"count":2,"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/posts\/4552\/revisions"}],"predecessor-version":[{"id":6060,"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/posts\/4552\/revisions\/6060"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/media\/4557"}],"wp:attachment":[{"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/media?parent=4552"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/categories?post=4552"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.irstaxapp.com\/wp-json\/wp\/v2\/tags?post=4552"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}