Tax resolution
Payroll tax problem support
Finbryn reconciles unpaid Form 941 and 940 payroll deposits by quarter, separates the trust fund portion from the employer's own share, and documents who actually controlled payroll decisions ahead of a Trust Fund Recovery Penalty case. Our enrolled agent or CPA partner represents you at any interview and before the IRS under a Form 2848, consistent with Circular 230.
Management report
Illustrative client ยท August 2026
USD
| Line | Aug | Jul | |
|---|---|---|---|
| Revenue | 142,380 | 131,904 | +10,476 |
| Cost of sales | (51,260) | (48,115) | (3,145) |
| Gross profit | 91,120 | 83,789 | +7,331 |
| Payroll | (46,300) | (45,900) | (400) |
| SoftwareNoted | (6,480) | (5,490) | (990) |
| Rent | (8,000) | (8,000) | 0 |
| Other operating | (9,215) | (9,870) | +655 |
| Net income | 21,125 | 14,529 | +6,596 |
Reviewer's note
Software is up on last month after two seats were added mid-month. Revenue includes one milestone invoice that will not repeat next month.
Illustrative. An example of the document, not a client's figures.
Unpaid income tax is a business problem. Unpaid payroll tax is a personal one too, and that distinction surprises almost every owner who is dealing with it for the first time. Part of every payroll deposit is money withheld from employees, their federal income tax withholding and their share of Social Security and Medicare. The IRS treats that withheld money as held in trust, and if it never reaches the government, the agency can assess a separate penalty personally against whoever it decides was willfully responsible for that failure. That penalty follows the individual, not just the business, and survives a bankruptcy filing that might otherwise discharge the corporate liability.
The first job in a case like this is getting the numbers right, because the trust fund portion and the employer's own matching share are treated completely differently once an investigation starts. We reconcile every unpaid Form 941 quarter, and Form 940 where federal unemployment tax is also behind, against actual payroll runs from Gusto, ADP, Rippling or whichever system ran payroll during the period in question. That reconciliation splits each quarter's balance into the trust fund piece, the withheld employee money, and the employer's own share, since only the trust fund piece can become personal.
Who actually gets assessed is not decided by job title. The IRS looks at who genuinely had authority over which bills got paid, who could sign checks or authorize electronic payments, and who knew payroll taxes were going unpaid and kept operating anyway. A minority shareholder with no check-signing authority and no involvement in which invoices got paid is a very different case from a controller who saw the shortfall every month and chose to pay vendors first. We build the factual record on that question early, using bank signature cards, org charts, and whoever actually approved payment runs, because that record is what the case turns on later, not assumptions or job titles on a business card.
Before the IRS assesses the penalty against anyone, it typically conducts an interview, often built around Form 4180, asking pointed questions about check-signing authority, financial decision-making, and awareness of the unpaid deposits. We prepare a documented response to that interview for our enrolled agent or CPA partner to use, built from the facts already gathered rather than assembled the week of the interview under pressure.
None of this work matters much if new deposits keep going unpaid while the old balance is being addressed. A resolution plan for a back balance, whether that is an installment agreement or a currently-not-collectible request, gets undone quickly if the business falls behind again on current payroll. We help set up a path to current, on-time deposits as part of the same engagement, because a case that keeps generating new liabilities while an old one is being resolved rarely holds together.
What is included
The engagement covers a full quarter-by-quarter reconciliation of unpaid Form 941 deposits, and Form 940 where federal unemployment is also behind, split into the trust fund portion and the employer's own share for each open quarter. We build the factual record on responsible-person exposure, meaning who had check-signing authority, who authorized payment runs, and who knew the deposits were unpaid, using bank records, org charts and payroll system access logs. Where a Trust Fund Recovery Penalty interview is scheduled or expected, we prepare a documented response for our enrolled agent or CPA partner covering the likely questions on Form 4180. We also review current payroll processing to confirm deposits are actually current before, or alongside, any resolution request for the old balance, since a request built on top of a still-growing problem rarely succeeds.
How the process works
We start by pulling IRS transcripts for every quarter with an open payroll tax balance, then reconcile those balances against payroll register data from Gusto, ADP, Rippling or whichever system was in use, quarter by quarter, until every dollar is accounted for and split correctly between trust fund and employer share. In parallel, we gather the facts on who controlled payroll decisions during the periods in question, through a structured conversation with ownership and management plus a review of bank signature authority. Once the numbers and the facts are assembled, we prepare the full package, balance reconciliation, responsible-person analysis, and any interview preparation, for our enrolled agent or CPA partner to review, refine, and use in dealing directly with the IRS.
Who this is for
This fits any business, most often a restaurant, a construction company managing job-costed crews, or a multi-location operator, that fell behind on payroll tax deposits during a genuine cash crunch and now needs the exposure sorted out before the IRS moves toward assessing individuals personally. It also fits an owner, officer or bookkeeper who has been contacted directly about an interview and needs the facts of their actual role documented before that conversation happens, since an unprepared interview response can create exposure that a documented, accurate one avoids. It is not a fit for a business current on all payroll deposits with no open Form 941 or 940 balance, since there is no trust fund exposure to address.
Common problems we fix
The most common problem is a business owner who assumes payroll tax debt is purely a company liability, the same as unpaid rent or a vendor bill, and only learns about personal exposure once an interview letter arrives. The second is a reconciliation that treats the entire unpaid balance as one number instead of splitting trust fund from employer share, which matters enormously once the IRS starts assessing individuals on only the trust fund piece. The third is responsible-person exposure assessed by title alone, assuming a minority owner with no real financial control faces the same exposure as the person who actually decided which bills got paid. The fourth is a resolution plan built for the old balance while current deposits keep slipping, which undoes the resolution before it finishes.
Software and integrations
We reconcile payroll deposits against payroll registers pulled from Gusto, ADP, or Rippling, matching each pay run to the corresponding Form 941 or 940 filing and the actual deposit or non-deposit for that period. IRS account and payroll tax transcripts come through the Transcript Delivery System to confirm what the IRS has on record for every open quarter. QuickBooks Online or Xero data ties the payroll liability accounts on the books back to what was actually deposited, which often surfaces the exact quarter the shortfall began. Drake Tax and Adobe Acrobat handle the underlying forms and documentation package that goes to our enrolled agent or CPA partner.
What it costs
Payroll tax problem support is quoted as a standalone engagement, priced against how many quarters need reconciliation and how much responsible-person documentation the case requires, separate from the standard monthly bookkeeping tiers on the rate card. A single-quarter shortfall with clear payroll records is a much smaller scope than a multi-year backlog across several entities with unclear signing authority. We quote a fixed price once we see the transcripts and payroll registers involved, and getting current payroll onto a supported plan, through our payroll support add-on, is priced and scoped separately from the back-balance resolution work.
How we measure quality
The measure that matters is whether the trust fund versus employer-share split on our reconciliation matches what the IRS's own transcripts and assessment ultimately show, and whether the responsible-person record we build holds up through any interview without new facts surfacing that we should have caught earlier. We also track whether current payroll actually stays deposited on time once we set up the go-forward process, since a resolution on the old balance that collapses because new deposits went unpaid again is not a result worth counting.
The Trust Fund Recovery Penalty interview, specifically
The interview, often conducted using Form 4180, is where the IRS decides who to assess personally, and the questions focus on real authority rather than formal title: who could sign checks, who decided which creditors got paid when funds were short, and who knew payroll deposits were going unpaid while the business kept operating. We prepare the person being interviewed with a documented, accurate account of their actual role, built from bank records and organizational facts rather than guesswork, since a vague or inconsistent answer under pressure tends to create more exposure than an accurate one, even when the accurate answer is not flattering. Multiple people at one company can be assessed if more than one genuinely had control over payroll funding decisions, and we build a separate factual record for each individual rather than treating the business as a single undifferentiated case.
How we work
The process
- 1
Transcript and balance confirmation
We pull IRS account and payroll tax transcripts for every quarter with an open balance to confirm exactly what the IRS has assessed.
- 2
Quarter-by-quarter reconciliation
Unpaid Form 941 and 940 deposits are reconciled against payroll register data and split into trust fund and employer-share amounts.
- 3
Responsible-person fact-finding
We document who had check-signing authority, who approved payment runs, and who knew about the unpaid deposits during each period.
- 4
Interview preparation
Where a Trust Fund Recovery Penalty interview, often using Form 4180, is scheduled or expected, we prepare a documented response for review.
- 5
Package handoff to our credentialed partner
The reconciliation, responsible-person analysis and interview preparation go to our enrolled agent or CPA partner to review and use directly.
- 6
Current payroll stabilization
We review current payroll processing and set up a path to on-time deposits going forward, so the old case is not undone by new liabilities.
- 7
Resolution path selection
Once the balance is confirmed, we help identify whether an installment agreement, currently-not-collectible status, or another path fits the numbers.
Payroll tax problem support
Common problems we fix
The problem
How we fix it
- Owner assumes payroll tax debt is purely a business liabilityWe explain the trust fund exposure early and document who is personally at risk before an interview letter arrives unexpectedly.
- Reconciliation treats the whole balance as one numberWe split every quarter into trust fund and employer-share amounts, since only the trust fund piece can be assessed against an individual.
- Responsible-person exposure assumed from job title aloneWe document actual check-signing authority and payment decisions, since exposure follows real control, not a title on a business card.
- Old balance resolution plan undone by new unpaid depositsWe set up a current, on-time deposit process alongside the back-balance work, so the resolution has something stable to stand on.
Pricing
Payroll tax problem support is quoted as a standalone engagement, priced by the number of quarters needing reconciliation and the depth of responsible-person documentation required, separate from the monthly bookkeeping tiers on the rate card. Ongoing current payroll processing is priced through the payroll support add-on once the business is back on schedule.
Payroll tax problem support
Glossary
- Trust Fund Recovery Penalty
- A penalty the IRS can assess personally against a responsible individual for failing to collect, account for, or pay over withheld payroll taxes.
- Trust fund portion
- The part of a payroll tax deposit made up of employee withholdings, income tax and their share of Social Security and Medicare.
- Responsible person
- An individual the IRS finds had genuine authority over payroll and financial decisions during the period tax deposits went unpaid.
- Form 4180
- The interview form the IRS commonly uses to gather facts about who controlled payroll decisions before assessing the Trust Fund Recovery Penalty.
Questions
Frequently asked questions: Payroll tax problem support
What is the Trust Fund Recovery Penalty?
A penalty the IRS can assess personally against any individual it finds willfully responsible for failing to collect, account for or pay over withheld payroll taxes, separate from whatever the business itself owes.
Can more than one person at my company be held responsible?
Yes. Responsibility is assessed person by person based on actual control over payroll and funding decisions, not job title alone, so more than one owner or officer can be assessed on the same balance.
Will you tell me who at my company is exposed?
We assemble the facts about who genuinely controlled payroll and funding decisions during the periods in question. Our enrolled agent or CPA partner uses that record to advise on and respond to any Trust Fund Recovery Penalty interview.
What happens to current payroll while an old balance is being resolved?
Staying current on new deposits is essential. A resolution plan for the old balance rarely succeeds, and can be undone entirely, if new liabilities keep piling up alongside it while the case is open.
Does personal bankruptcy get rid of the Trust Fund Recovery Penalty?
Generally no. The penalty is designed to survive many bankruptcy discharges precisely because it represents money that was withheld from employees and never remitted, rather than a debt the business simply could not pay.
How far back can the IRS go on unpaid payroll tax?
We pull transcripts to confirm exactly which quarters are open, since the answer depends on when the liability was assessed and whether the collection statute for that specific quarter is still running.
What if I already had a Form 4180 interview without preparation?
We can still help. We document the actual facts of your role now, and our enrolled agent or CPA partner uses that record to respond to any proposed assessment or to pursue an appeal where the facts support one.
Can this exposure apply to a bookkeeper or outside accountant, not just an owner?
It can, but only where that person genuinely had authority to decide which bills got paid and knowingly chose to pay others while payroll deposits went unmet. Signing checks under someone else's explicit direction, with no independent decision-making authority, is a materially different fact pattern.
Can more than one person at the company be held responsible?
Yes. Responsibility is assessed person by person based on actual control over payroll decisions, not job title alone, so more than one owner or officer can be assessed.
What happens to current payroll while a back balance is being resolved?
Staying current on new deposits is essential. A resolution plan for the old balance rarely succeeds, and can be undone, if new liabilities keep piling up alongside it.
Related services
- Tax resolutionInstallment agreement preparationA monthly payment plan sized to what your income and expenses can actually support, backed by the right financial disclosure for the balance involved, prepared for our enrolled agent or CPA partner to propose to the IRS or a state.
- Tax resolutionCurrently-not-collectible request supportWhen paying anything at all would leave you unable to cover basic living or business costs, we document that on Form 433-F or 433-A and prepare the request for a currently-not-collectible hold, so active collection pauses while your situation stands.
- Tax resolutionIRS transcript analysisWe pull and read your IRS account, wage and income, and return transcripts to establish exactly what the IRS has on file: what is filed, what is assessed, what has accrued, and what the real deadline clock looks like.
Industries
- Restaurants and multi-entity franchise groupsBookkeeping for restaurant groups and franchise operators running several locations or legal entities at once.
- Construction and job costingBookkeeping for contractors and builders who need cost and profitability tracked by job, not just by month.
- HospitalityBookkeeping for hotels, short-term rentals and hospitality operators reconciling booking platform payouts and occupancy-driven revenue.
Related guides
- ComplianceHow to Set Up Payroll for a US Small Business in 2026Federal and state registrations, the EIN, worker classification test, pay schedule choice, and Gusto vs ADP vs Rippling for setting up US payroll.
- TaxIRS Notices Explained: CP2000, CP14, CP504, LT11 and MoreA plain-language guide to common IRS notices, what each one means, the real response deadline, and when to bring in an enrolled agent or CPA.
Sources
- [1]IRS, Trust Fund Recovery Penalty, September 2026
- [2]IRS, About Form 4180, Report of Interview with Individual Relative to Trust Fund Recovery Penalty, September 2026
- [3]IRS, About Form 941, Employer's Quarterly Federal Tax Return, September 2026
- [4]IRS, About Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return, September 2026
Next step
Talk to the team that would run your books
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