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Specializing in IRS and NYS Tax Representation. Workers Compensation Audits, Payroll, Sales and Income Tax representation for Businesses, Individuals, Restaurants and Construction Companies. Civil and Criminal Workers Comp Audit representation includes: NYSIF Examinations, Premium Disputes, Employee Misclassification, Underreporting, Unreported Income, and Failure to Keep Accurate Payroll Records.

Thursday, February 16, 2017

What the Hell is the IRS TFRP





In a nutshell, Employers are required to withhold Federal Income taxes and Federal Income Contributions Act (FICA) taxes from their employee's pay; match the FICA withholding and remit the aggregate amount to the Service quarterly. See: IRC § 6157. 
FICA taxes, a/k/a “employment taxes,” are credited towards future Social Security and Medicare benefits. 
The employees’ portion of these taxes and withheld Federal Income Taxes are called “trust fund taxes,” because the employer is required by law to hold the taxes “in trust” for the United States.
IRC § 6672 Statutory Requirements 
To be responsible under section 6672, you must have had the duty to withhold and remit the trust fund taxes and “willfully” failed to collect or pay over the tax due. See: Godfrey v. United States, 748 F.2d 1568 (Fed. Cir. 1984). 
Q. Who is a Responsible Person for Purposes of IRC § 6672 Liability? 
A. Any officer, employee, or member of an entity who had a duty to withhold and remit the taxes. See IRC § 6671(b). 

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Selig & Associates is a boutique Tax Representation and Risk Management Firm specializing in unpaid tax obligations and commercial insurance coverage

  Tax Advocacy      Federal Tax Practitioner, CPCU and Attorney. Practicing before the Internal Revenue Service and New York State Departmen...