IRC § 6672(a) imposes a penalty on any responsible person who willfully evades or fails to collect, pay or account for payroll taxes. The amount of the penalty is the tax evaded or not collected, accounted for or paid to the government. To be liable for the tax, a person must have possessed actual and significant authority over an enterprise’s finances and decision making, including paying the taxes (a responsible person) and either knew the payments were not being made or recklessly disregarded whether they had been made. Factors that can indicate such authority include that the person: “(1) served as an officer of the company or as a member of its board of directors; (2) controlled the company’s payroll; (3) determined which creditors to pay and when to pay them; (4) participated in the day-to-day management of the corporation; (5) possessed the power to write checks; and (6) had the ability to hire and fire employees” (quoting Plett v. U.S., 185 F.3d 216 (4th Cir., 1999)). A company may have multiple responsible persons.
For payment plan information, you can refer to the following IRS webpage:
You can make monthly payments through an installment agreement if you're not financially able to pay your tax debt immediately. However, you will reduce or eliminate the amount of penalties and interest you pay and avoid the fee associated with setting up an installment agreement if you pay your tax bill in full. Before you apply:
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