Who may face the Trust Fund Recovery Penalty for willfully unpaid payroll taxes?

A responsible person who willfully failed to pay them.

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  1. Nobody, the company is an LLC
  2. A responsible person who willfully failed to pay ✔
  3. Only the employees whose pay it was

Why: The penalty can apply to a person who had the duty and power to handle trust fund taxes and willfully failed to collect or pay them. A title alone does not decide responsibility.

Huh, didn't know that: The penalty equals the unpaid trust fund tax; knowingly paying other creditors instead can indicate willfulness.

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I told my boss three companies were after me and I needed a raise. He asked which. I said the electric, gas and water companies.
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References

Answer: A responsible person who willfully failed to pay. The penalty can apply to a person who had the duty and power to handle trust fund taxes and willfully failed to collect or pay them. A title alone does not decide responsibility.

  1. IRS: Employment taxes and the Trust Fund Recovery Penalty (TFRP) www.irs.gov/businesses/small-businesses-self-employed/employment-taxes-and-the-trust-fund-recovery-penalty-tfrp
    has the duty to perform and the power to direct the collecting, accounting, and paying of trust fund taxes
    Checked 2026-10-11.
  2. IRS: Employment taxes and the Trust Fund Recovery Penalty (TFRP) www.irs.gov/businesses/small-businesses-self-employed/employment-taxes-and-the-trust-fund-recovery-penalty-tfrp
    called trust fund taxes because you actually hold the employee's money in trust until you make a federal tax deposit
    Checked 2026-10-11.

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