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Trust Fund Taxes

If income, social security, and Medicare taxes are not withheld and/or deposits of withheld funds are not submittted to the IRS, responsible persons may be assessed penalties. Penalties include the unpaid trust fund taxes.

The IRS may charge any persons determined to be responsible for payment of trust fund taxes if they acted willfully.

Essentially the government must first prove two main points: "responsible person" and "willful" to pursue an individual for these payroll taxes. These two terms have specific legal definitions but are often difficult to apply to everyday business environment.

RESPONSIBLE PERSON can be an individual who is an officer or employee of a corporation, a partner or employee of a partnership, an accountant, a volunteer director/trustee, or an employee of a sole proprietorship.

WILLFULLY means acting or not acting voluntarily, consciously, and intentionally. A responsible person may be deemed to be acting willfully if he intentionally decides not to deposit payroll taxes as directed by the owner of the company.

Client Reviews
★★★★★
Victor is an excellent tax attorney for individuals and business in need of tax relief. Feel assured that Victor can get the job done. I know I am comfortable recommending Victor for any tax problem. John K.
★★★★★
We had a irs problem and came to Victor. He is very knowledgeable and gave us great advice. I would recommend him to anyone with tax problems. He also does franchise tax board cases but we didn't need him for that. I have referred fiends to him and they were happy with him too. Pam
★★★★★
My elderly mother had a very complicated tax problem from when she lived in CA years ago. Even though we now live in Oregon, Mr. Yoo not only helped her remotely but delivered better and expected results. We couldn't have asked for better service. Lisa
★★★★★
Victor got us out of a jam with the IRS. We were the first to be offered a new amnesty program and it saved us quite a bit in taxes, but more importantly gave us peace of mind. John
★★★★★
Our personal taxes got complicated because of an erroneous 1099 we received. As a result our tax liability increased. Victor was able to iron things out with the IRS and Franchise Tax Board. Ed