26 U.S.C. § 6672

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26 U.S.C. § 6672 is a federal tax law provision that imposes personal liability and penalties on individuals responsible for willfully failing to collect, account for, or pay over certain employment and other trust fund taxes.

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Statements (49)

Predicate Object
instanceOf Internal Revenue Code provision
United States federal statute
administeredBy Internal Revenue Service
alsoKnownAs responsible person penalty
trust fund recovery penalty provision
appliesTo Federal Insurance Contributions Act taxes
employment taxes required to be collected or withheld
persons other than the employer who are responsible for tax compliance
trust fund taxes
withheld income taxes
appliesToPeriod quarters or periods for which taxes were required to be collected or withheld
appliesWhen person attempts in any manner to evade or defeat such tax or its payment
person required to collect, truthfully account for, and pay over tax fails to do so
assessmentBasis amount of tax not collected, accounted for, or paid over
canApplyTo LLC managers or members with financial control
corporate officers
employees with authority over payroll and tax payments
other persons with significant control over corporate finances
partners in partnerships
category additions to the tax, additional amounts, and penalties
chapterOf Chapter 68 of the Internal Revenue Code
citedAs 26 U.S.C. 6672
IRC § 6672
codifiedIn Title 26 of the United States Code
collectionMethod assessed and collected in the same manner as taxes
doesNotRequire beneficial ownership of the business
receipt of personal benefit from the unpaid taxes
enforcedBy Internal Revenue Service
surface form: Internal Revenue Service Collection Division
governs liability of responsible persons for trust fund taxes
imposes 100 percent penalty equal to the amount of tax not collected or paid over
civil penalty for failure to collect, account for, or pay over tax
personal liability for certain unpaid taxes
isDistinguishedFrom penalties imposed directly on the employer entity
isUsedIn IRS trust fund recovery penalty investigations
legalStandardForResponsiblePerson person with duty and authority to collect, account for, or pay over tax
legalStandardForWillfulness voluntary, conscious, and intentional decision not to remit taxes
liabilityNature joint and several liability among responsible persons
locatedInJurisdiction United States of America
surface form: United States
partOf Internal Revenue Code
penaltyLimit penalty equals but does not exceed the amount of tax evaded or not paid over
penaltyType civil tax penalty
protects United States Department of the Treasury
surface form: United States Treasury
purpose to ensure payment of withheld trust fund taxes to the United States
requires assessment against specific individuals
requiresElement responsible person status
willfulness
subchapterOf Subchapter B of Chapter 68 of the Internal Revenue Code
subjectTo judicial interpretation by federal courts
taxType assessable penalty

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.