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Client has payroll tax liability, including the trust fund portion, and wants to retire and go out of the plumbing general contracting. I told him not to do this just yet because I believe the non-trust fund liability now becomes his personally. If the company continues, then the non-trust fund liability stays with the company, even though he will be held personally liable only for the trust fund portion. Am I right??
Brett, no if he shuts the corporation down he is still only responsible for the trust fund portion. If you go through the payroll masterclass we discuss this strategy. The key thing is that the assets of the business are not his but instead belong to the IRS due to the statutory lien, whether they file the Notice of Federal Tax Lien or not. But so long as he does not distribute assets to himself he can close up and retire, he will owe the trust Fund, and possibly its time to look at an OIC!
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