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Personal Liability For Corporate Employment Taxespage item

Personal Liability For Corporate Payroll Taxes:
Responsible Person Under Section 6672

Money for Lunch

Written by: Steven J. Fromm, J.D., LL.M. (Taxation)

When corporations fail to remit payroll taxes, this can be an area of unknown trouble for corporate officers, board of directors or key employees.  Generally, shareholders, board of directors or employees are not responsible for corporate debts. 

There are certain exceptions and payroll taxes are one area where individuals can be held personally responsible for these corporate tax debts.  When corporations have financial difficulty, their president, officers, board of directors, controllers, bookkeepers may take available money to pay general creditors and banks instead of the IRS to keep the company going.  This can result in some very serious tax problems and tax liabilities for these parties that prefer creditors over the IRS. 

The IRS looks at various factors in determining whether someone involved in corporate operations can be held personally liable for such corporate payroll taxes.  Here are some of the more important factors that the IRS looks to in determining responsible person status:

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