responsible person

Can Business Owners, Partners, Officers, Directors, And Employees Be Personally Liable For NY Sales Tax?

Many taxpayers don’t realize that in their capacity as an officer, director or employee of a corporation, or employee or manager of a partnership or LLC, certain liability may arise related to the payment of New York sales taxes. This means that if a taxpayer possesses a duty to act on behalf of the business entity, and such duty includes compliance with the payment of sales taxes, they may be held personally liable for a failure to pay sales tax collected or required to be collected by the business enterprise.

Who Qualifies As A Responsible Person To Pay A Trust Fund Penalty?

The IRS utilizes a very broad definition of “responsible person” in the context of trust fund recovery penalties. The term, which may extend to more than one party within a corporation, partnership or LLC, applies to any person who willfully fails to perform a duty to pay trust fund taxes. It may be a corporate officer, director, employee, or shareholder, as well as a manager, employee, or member of a limited liability company. If a person is in any of the aforementioned positions where he or she controls a business’s financial affairs, liability as a responsible person for trust fund recovery penalties is a genuine possibility.