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Compliance

Trust Fund Recovery Penalty

Definition

A personal liability penalty the IRS can assess against business owners, officers, or other responsible parties who willfully fail to collect and remit employee payroll taxes. The penalty equals 100% of the unpaid trust fund taxes — the income tax and employee share of FICA withheld from employee paychecks. Because it pierces the corporate veil, it can attach to individuals even after a business closes or files bankruptcy.

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