When it comes to businesses, some trust fund scenarios also require offers in compromise. Scenarios are usually employer situations where an employer has failed to properly collect or remit taxes that they are mandated to withhold from their employees and turn over to the government or state.
Employers are mandated to withhold federal taxes, state taxes and social security from employee paychecks. Holding these monies in “trust,” they’ve made a promise to remit these monies to the government. However, all too often, when a company is facing cash-flow problems, and cannot pay its bills, or make payroll on time, temptation to access these earmarked funds wins out. And that’s when these businesses lose.
If a struggling company of 20 employees (or more) does this repetitively, the case quickly escalates into trust fund fraud. Over time, this violation can result in a tax debt totaling millions of dollars. Thus, when the company completely fails, lays off its employees, and closes its doors, the tax liability is still due. Owners and officers of the company may face criminal, punitive repercussions, along with the heap of debt.