Borrow From Your Payroll Taxes, Go Directly to Jail

If you are a business owner, whether small or large,you are penalized at 2-15%. These are just the
you need to be aware of the importance of payingpenalties; you also will have to pay interest at the
your payroll taxes and filing your payroll tax reports.current interest rate. You also put yourself as owner,
While you hear a lot in the news about people whoand anyone else who may be held responsible
don't file and/or don't pay their income taxes, you don't(including your bookkeeper if he or she can sign
hear much about an equally common problem ofchecks or is determined to have control over what bills
businesses not paying their payroll taxes.are paid),at risk for the Civil Trust Fund Penalty or
Some business owners mistakenly believe they canTrust Fund Recovery Penalty.
use the money they have taken out of employeesThe Trust Fund Recovery Penalty is a penalty that
paychecks to run their business. In the short run, thatcan be assessed to an individual, even if your
might look like a viable solution. In the long run, it is acompany is a Corporation. You as an individual are not
recipe for disaster. Of all the types of unpaid taxes,protected by the company's corporate status from
the IRS pursues this type with the most persistencethis penalty. The trust fund portion of the payroll taxes
and offers the least amount of flexibility in repayingdue (Federal Withholding, and FICA-the employee
once you are behind.portion) can be assessed to you as an individual. What
It is important to remember that you have taken thethis means is that once this penalty is assessed, the
Federal Withholding, Social Security and MedicareIRS can come after your personal assets like bank
deductions from your employees' pay. This is moneyaccounts and personal property and/or file liens on
you are holding in Trust prior to payment to the IRS.your personal property, such as your home.
You also have a portion of the FICA and MedicareOne additional piece of important information: Be sure
due as the employer's portion of the total payroll taxeswhen you are making payments on past due payroll
due. The seriousness of neglecting to pay these taxestaxes that you specify that you are paying the Trust
to the IRS cannot be emphasized too heavily. NotFund portion first otherwise the IRS will assume the
paying these taxes is considered stealing, and thepayment goes to the non-Trust Fund portion. It is
consequences are extremely serious.always in your best interest to pay off the Trust Fund
If you do not pay these taxes on time, you incurportion first. The employer portion of the FICA cannot
penalties and interest. The same is true of not filingbe assessed to the individual; it remains a debt of the
your 941 reports on time. The penalties for not filingcompany.
your 941 reports on time vary beginning at 5% andIf you have found yourself in trouble with borrowing or
increase each month by an additional 5% until theypaying your payroll taxes, resolve the problem
reach 25%. There is also a failure to pay penalty thatimmediately by contacting a reputable tax debt
starts at 0.5% and can also go up to 25%.resolution firm.
If you do not make your Federal Tax Deposits on time,