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Video instructions and help with filling out and completing How to avoid trust fund recovery penalty
My name is Alvin Brown I'm a tax attorney today I'm going to discuss with you their own taxes and the trust fund penalty obviously all businesses have to pay their payroll taxes in this economy a lot of reasons we have nobody can have the problems a lot of people who my positions are not paying their own taxes the question comes up you know who was responsible for the payment payroll taxes the company can't pay and there's a statute by the 6672 that says that if the company doesn't pay payroll taxes then it's assessed against the responsible person or persons the Irish can find more than one person involved with responsibility for paying payroll taxes so that to the extent that the business doesn't paint they can assess the responsible person the statute requires the person one be responsible and see what the feeling of thinking muffled a lot of times people don't know that it's not being paid and so that would that Clement Eris is very aggressive in these cases and miss us everyone can they think you might be involved and the failure to pay the payroll taxes they get a lot of issues that have been successful where people claim they were not responsible and I will represent them the fact that they are not responsible so very heavily litigated issue and there's a lot of peaceful but successful if I think you're responsible if you think responsible I wouldn't even go there it's only for those people who think that they around some salespeople they that the courts looking at a lot of factors you know who made decisions am i pay who that secure authority officers equity they look at all these factors not one as determinate but the largest factor is who is the person that made the decision don't pay don't make me Carol tax payments and that person will get hit with the trust fund public penalty in many cases that trust fund penalty can't be collected in that case I can do an offer and compromise for the business and I can do an awful compromise where the responsible person and that's one way to get out from under that curiously the payroll taxes can be eliminated in an offer compromise based on portability certainly you can't do it based on I do it because we grew up based on electability and in a lot of these cases the useful person just does not have a lot of assets if the business is having problem you know the officer responsible person it's likely going to have some some minimal income for their basic support and it's also it's also most likely in this cases then they're not going to have a large amount of assets to to prope be been assessed against them as the responsible person so a lot of these cases the press probe penalty can well be assessed against the responsible person.