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IRS Corporate Trust Fund Penalty Solutions - YouTube
Channel: TaxCorpLLC
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In 2019 the Internal Revenue Service issued 4.9聽
million separate assessments against corporations聽聽
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and corporate officers and聽
employees totaling over $13聽聽
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billion dollars in civil penalties. That's聽
a tremendous amount of money civil penalty聽聽
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basically is that a corporation or an individual聽
failed to take an action and so that person or聽聽
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entity is going to be penalized for it and聽
so most corporations get into tax trouble聽聽
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with employment taxes these are Social Security聽
Medicare your individual withholdings for your聽聽
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employees the corporations matching Social聽
Security and Medicare that they're required聽聽
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to pay these are filed on your employers and聽
your Employer's Quarterly report that Form 941聽聽
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or the Federal Unemployment Return at the end of聽
the year Form 940. When a corporation does not聽聽
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file these returns on time or files them with聽
a balance or does not file the returns at all聽聽
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or just doesn't make any federal tax deposits聽
according to their schedule most people have to聽聽
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pay them a lot of corporations pay them every聽
month some corporations pay them bi-weekly and聽聽
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then corporations with high wages have to pay聽
them sometimes within 72 hours of a payday so聽聽
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those employment taxes when they become delinquent聽
a Revenue Officer is going to come out and conduct聽聽
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what's called a Trust Fund Recovery Penalty and聽
they're going to find any person in that entity聽聽
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President Vice Presidents CFOs regular payroll聽
accountants anyone that they can find who is聽聽
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willfully responsible for not paying the tax and聽
was responsible for making sure it was done can be聽聽
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civilly penalized for that amount of tax so if a聽
corporation has $700,000 of unpaid Employment Tax聽聽
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guess what any person that they find who was who聽
was responsible for making sure the tax was paid聽聽
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and who willfully made a decision not to pay them聽
they can be personally held liable for that seven聽聽
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hundred thousand dollars those are civil penalties聽
the majority of them that are filed and other other聽聽
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more exotic civil penalties that are pushed out聽
there but the main one we're talking about today聽聽
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is for Employment Taxes so when that happens聽
that Revenue Officer is going to show up at your聽聽
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place of business they're going to conduct聽
the TFRP the Trust Fund Recovery Penalty聽聽
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Investigation they are allowed to contact your聽
customers and issue levies on any accounts聽
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receivable that you have from your customers聽
they're allowed to contact them and interview them聽聽
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you don't want your customers being contacted by聽
the IRS saying hey Smith Incorporated owes $700,000聽聽
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how much are you sending them this month for聽
your bill okay you need to now send that to us聽聽
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that is an almost automatic no go for a聽
lot of customers and that's going to go find聽聽
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another company the IRS can issue Summonses聽
they can issue Subpoenas for people to appear聽聽
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and give testimony or interview them they can聽
file an Injunction against your corporation聽聽
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to stop doing or to start doing something聽
they can issue Fraud Referrals and then your聽聽
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employment tax issue becomes a Fraudulent issue聽
which could be subject to increased penalties聽聽
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and fines and possibly even incarceration they聽
can issue levies against your entity your bank聽聽
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accounts or corporate officers and they can the聽
most damaging thing is for the filing of that聽聽
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Federal Tax Lien once that Federal Tax Lien
is out there it also becomes public record it聽聽
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goes into the public record and anyone who just聽
goes to the courthouse and google's Federal Tax聽聽
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Liens is going to see your corporation's name if聽
you're in the process of trying to secure loans or聽聽
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funding for a particular project when they do a聽
UCC search Uniform Commercial 聽聽
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Code they're going to see that this company has聽
a tax lien and it is almost prohibitive at that聽聽
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point to get you any type of regular bank聽
funding and you have to go into other markets聽聽
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where the interest rates are significantly more聽
expensive. So i've been in this business for almost聽聽
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20 years I worked with Internal Revenue Service and聽
then i've been in private practice since 2012.聽聽
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I received my 2013. I know everything that聽
Revenue Officer is going to do when they show聽聽
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up at your place of business to investigate your聽
corporation trust me when i say you need someone聽聽
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who knows how they think how they operate and what聽
procedures they will utilize to come after you聽聽
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there is a path forward when you have irs聽
trouble and you need to get good representation聽聽
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even if it isn't me don't let the irs come in and聽
do harmful things to your business that can force聽聽
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it to shut down now they're not allowed to put聽
you out of business unless you're in a fraudulent聽聽
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arena but typically they can do enough things聽
to you that will ultimately force your business to聽聽
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close because you just won't be able to operate.聽
So I give free consultations here at TaxCorp聽聽
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you can come to our website and聽
sign up for a a consultation聽聽
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please click on our links like and follow our聽
page and share it with other business owners聽聽
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you never know who may be having this trouble and聽
so as always we're here to help have a great day
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