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Tax

Sep. 3, 2025

IRS 100% payroll tax penalties carry personal liability

Failing to promptly remit withheld payroll taxes is one of the most dangerous mistakes a business can make -- triggering personal liability for "responsible persons," severe IRS penalties and aggressive collection actions that can even shut the company down.

Robert W. Wood

Managing Partner
Wood LLP

333 Sacramento St
San Francisco , California 94111-3601

Phone: (415) 834-0113

Fax: (415) 789-4540

Email: wood@WoodLLP.com

Univ of Chicago Law School

Wood is a tax lawyer at Wood LLP, and often advises lawyers and litigants about tax issues.

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IRS 100% payroll tax penalties carry personal liability
Shutterstock

Paying employment taxes is inevitable if you have employees. You withhold taxes from employee pay and then send the money to the IRS. The taxes are withheld from wages and are supposed to be promptly paid to the government. After all, this is trust fund money that belongs to the government, and no matter how good a reason the employer has for using the money for something else, the IRS is strict. If you are in business, it is not unusual to h...

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