Internal Revenue Code § 6672 - Orange County
IRC § 6672 allows the Internal Revenue Service to recover “trust funds” withheld from employee’s pay from “any person required to collect, truthfully account for, and pay over any tax imposed” and “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”
There are two key elements required for an individual or business to be held responsible for the Trust Fund Recovery Penalty under IRC § 6672:
1.The person had to be required to collect, account and pay-over the payroll taxes, and
2.The person’s failure to do so must have been willful.
Contact our office if you failed to properly collect and pay payroll taxes.
Christopher G. Carmona CPA,CFE
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