Trust Fund Recovery Penalty (TFRP) Risk Assessment

See If the Internal Revenue Service Can Hold You Personally Liable for Unpaid Payroll Taxes
Unpaid payroll taxes do not always stay with the business. When the Internal Revenue Service determines that an individual was a responsible party, it can assess the Trust Fund Recovery Penalty (TFRP) and hold that person personally liable — even when the business is an LLC or corporation.

This assessment makes you personally responsible for employee payroll withholdings that the business failed to remit. These amounts include withheld federal income taxes, Social Security taxes, Medicare taxes, and other trust fund taxes owed to the United States on wages paid.

Use this risk assessment to estimate your potential personal exposure related to unpaid payroll and employment taxes before enforcement escalates.

Trust Fund Recovery Penalty Risk Assessment

Understand Your Personal Exposure Before Liability Is Finalized

Many business owners and officers assume payroll tax problems stay at the entity level. Under federal law, that assumption is often incorrect.

The TFRP allows the IRS to bypass the business and pursue individuals directly for unpaid payroll taxes. This risk assessment helps you evaluate whether your role, authority, and actions may place you within the IRS definition of a responsible person.

The assessment evaluates:

Your level of authority over payroll and financial decisions
Knowledge of unpaid payroll or employment taxes
Payment prioritization and use of withheld funds
IRS enforcement activity and business status

Then it estimates:

Likelihood of meeting the responsible person criteria
Approximate trust fund tax exposure
Whether an IRS investigation may already be underway

These are estimates only. Final determinations depend on IRS investigation findings, documentation, and administrative procedures.

Step 1 of 4

Step 1 — Eligibility

This tool is intended for businesses with unpaid payroll taxes or payroll deposit problems.
Does your business have unpaid payroll taxes (Form 941/940 issues or missed payroll deposits)?
Please select an option.
Has the IRS contacted the business about payroll tax collections (letters, calls, Revenue Officer)?
Please select an option.
Next

Step 2 — Payment Control

These questions measure responsibility indicators used in the scoring rules.
Do you have authority to decide which bills get paid (rent, vendors, IRS, payroll)?
Please select an option.
Can you sign checks or approve electronic payments for the business?
Please select an option.

Step 3 — Authority & Role

More responsibility indicators can increase risk tier and score.
Do you have authority to hire or fire employees?
Please select an option.
Are you an owner, partner, officer, or someone who runs day-to-day operations?
Please select an option.

Step 4 — IRS Interview (Form 4180)

If an IRS Form 4180 interview is scheduled, this triggers the emergency override.
Have you already been asked to attend an IRS interview about payroll taxes (Form 4180 interview)?
Please select an option.

This Calculator May Not Apply

This is an estimate only and not legal or tax advice.

Your TFRP Result

Based on your answers, here’s your estimated trust fund recovery penalty risk and confidence level.

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Score: “Not sure” answers:
If any of this is inaccurate, go back and update your answers for a more reliable estimate.

What You Entered

Payroll tax issues can expose individuals to personal liability.

This checklist explains how responsibility is evaluated, how Form 4180 interviews work, and what steps must be taken before the IRS finalizes personal assessments.
Download Emergency Checklist
This is an estimate only and not legal or tax advice.
Important Disclosure
This calculator provides general informational estimates only and does not constitute tax, legal, or financial advice. Actual IRS decisions depend on documentation, compliance history, current rules, and your specific financial situation.
Take the Next Step
Use this calculator to understand your position before agreeing to any IRS action or payment arrangement. If results indicate risk, reviewing options early may help preserve flexibility.

What Is the Trust Fund Recovery Penalty?

The Trust Fund Recovery Penalty allows the IRS to collect unpaid employment taxes directly from responsible individuals, not just the business. It applies to federal income tax withheld from employees, as well as the employee portions of Social Security, Medicare, and certain railroad retirement taxes, which are considered funds held in trust for the government. When these withheld taxes are used for operating expenses instead of being deposited as required, the IRS treats it as a misuse of trust funds and imposes personal liability.

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Why the TFRP Creates Severe Personal Exposure

Once assessed, the Trust Fund Recovery Penalty becomes your personal tax debt, separate from the business.

The IRS may use the same enforcement tools applied to individual income tax liabilities, including the following:

Wage garnishments and bank levies
Federal tax liens on personal assets
Passport revocation and refund offsets
Business structure offers no protection

Who the IRS Targets for TFRP Assessment

The IRS does not rely solely on job titles. It evaluates authority, knowledge, and conduct when identifying responsible persons.

Who the IRS May Hold Responsible

Control over business finances or payments
Authority to decide which bills were paid
Leadership or ownership roles involving finances
Knowledge of unpaid payroll tax obligations
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How the TFRP Risk Assessment Works

This assessment reflects IRS standards described in Publication 5 and Circular E.

Aggressive collection actions are paused
Financial pressure may ease immediately
You avoid being forced into unaffordable payment plans
You gain breathing room to address longer-term solutions

When TFRP Investigations Typically Begin

The IRS most often initiates TFRP investigations when:

A business cannot make prompt payment of employment taxes
The business closes or becomes insolvent
Entity-level collection efforts stall
A revenue officer suspects willful nonpayment
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Illustration of three professionals discussing at a table surrounded by financial documents, money, coins, handcuffs, an hourglass, a calculator, and a courthouse symbolizing an IRS tax fraud investigation.

How the IRS Builds a TFRP Case

How the IRS Assesses the Trust Fund Recovery Penalty

Investigation of financial authority
Interviews to determine responsibility
Proposed assessment with response window
Final assessment and collections

Request a Confidential TFRP Review

If payroll taxes are unpaid and you have any financial authority, waiting is not a strategy.

A focused review can help:

Confirm actual personal exposure
Identify whether an investigation has begun
Prepare for IRS interviews
Preserve defenses before assessment
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Use the Calculator — Then Act

If your results show meaningful wage garnishment exposure, delaying action usually benefits the IRS — not you.

Understanding your numbers early helps you make informed decisions before each paycheck is affected.

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Frequently Asked Questions (FAQs)

Can multiple people be assessed for the same Trust Fund Recovery Penalty?
Does the Trust Fund Recovery Penalty include excise taxes?
Why is Form 941 important in Trust Fund Recovery Penalty cases?
Can IRS Appeals reverse a Trust Fund Recovery Penalty assessment?
Does submitting an Offer in Compromise stop TFRP enforcement?

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