Article · Tax

It Was Never Your Money: How Payroll Tax Enforcement Actually Works

26 U.S.C. § 7501

Type
Article
Jurisdiction
National
Date
2025-01-13
Topic
Tax

The money an employer withholds from a paycheck was never the employer's money. The statute says so expressly, and everything distinctive about payroll tax enforcement follows from that one sentence. This article explains why the withheld portion is held in trust, how the trust fund recovery penalty reaches individuals personally regardless of corporate form, what makes a person "responsible" and conduct "willful" in a sense that has almost nothing to do with intent to defraud, and why paying other creditors first is the single most common way business owners incur six-figure personal liability. It then covers deposit rules and the penalty that scales with lateness, the worker classification exposure that generates the underlying assessments, the interaction with bankruptcy and payment designation, and the criminal statute that sits behind the civil penalty.

It Was Never Your Money: How Payroll Tax Enforcement Actually Works

Tax > Payroll Taxes, Trust Fund Recovery, and Employment Tax Enforcement | Published 13 January 2025 - Updated 17 February 2026 | UpLaw - uplaw.us

One sentence explains the entire field

26 U.S.C. § 7501 provides that whenever any person is required to collect or withhold any internal revenue tax from any other person and to pay it over to the United States, the amount so collected or withheld shall be held to be a special fund in trust for the United States.

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