Can one make one Offer In Compromise to cover both individual and payroll taxes? Part 2.
- November 29, 2018
- David Greene
- Comments Off on Can one make one Offer In Compromise to cover both individual and payroll taxes? Part 2.
Last time I answered this question for the situation where the company is unincorporated. This week we look at a small corporation where one or two people own all the stock. This analysis will usually also apply to an LLC or LLP. First, if the corporation is still in business, you will need to file two separate Offers. This is because the corporation is a legal “person”, separate and distinct from you. However, in all likelihood, your personal financial situation will be assessed for both Offers. If the corporation has gone out of business, you would not owe all of the unpaid payroll taxes, but only the Trust Fund portion, which is the actual amount of federal income tax, Medicare tax and Social Security tax withheld from the employees’ paychecks. It does not include the company’s matching FICA taxes. In this situation, you would file one Offer, because the entire liability has become your personal liability.