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trust fund recovery penalty

A trust fund recovery penalty is a personal penalty the IRS can assess against people who were responsible for collecting, accounting for, and paying over certain business taxes - usually withheld income tax and the employee share of Social Security and Medicare - but willfully failed to send that money to the government.

The trap is that this debt can jump from the business to an individual. Owners, officers, payroll managers, bookkeepers, and anyone with real control over payments can be targeted under Internal Revenue Code ยง 6672. The IRS looks at who had authority over bank accounts, payroll decisions, and which bills got paid first. "Willful" does not require fraud; choosing rent, vendors, or expansion over payroll taxes can be enough. For a fast-growing company in Utah County's Silicon Slopes, that risk can build quietly during cash-flow trouble.

Real-world impact is severe. The IRS can assess the penalty for the unpaid trust fund portion only, then use liens, levies, wage garnishment, and bank seizures against the individual, even if the company later closes or files bankruptcy. Before assessment, the IRS typically interviews targets and may issue Letter 1153 and Form 2751, creating a limited window to challenge responsibility or willfulness.

Utah employers should also watch state withholding rules enforced by the Utah State Tax Commission, because separate state tax exposure can pile on beside the federal penalty.

by Kevin Musselman on 2026-03-28

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