Have a Tax Question? Ask a Tax Expert
Hello and thank you for your question.
Unfortunately, yes, their can be personal liability. This is a creation of the courts based on piercing the corporate veil.
"Recently, courts have held that personal liability can be imposed on corporate officers for delinquent contributions owed by the corporation to multiemployer plans or for withdrawal from such a plan, established under ERISA. 5"
n5 "See, e.g., Alman v. Servall Manufacturing Co., No. 82-0746-MA, slip op. at 3 (D. Mass. Apr. 9, 1984) (holding that ERISA's definition of employer encompasses corporate officer who directly controlled administration of benefit plan), see notes 78-81, 117-20 and accompanying text infra; Massachusetts State Carpenters Pension Fund v. Atlantic Diving, 635 F. Supp. 9 (D. Mass. 1984) (same), see notes 82-89, 121-27 and accompanying text infra; Combs v. P & M Coal Co., No. 84-560, slip op. at 2 (D. D.C. Feb. 6, 1985) (same), see notes 90-94 and accompanying text infra."
Also, consider here:
I hope this information is helpful. Thank you again for your question!