Can the Trust Fund Recovery Penalty be discharged in bankruptcy?

No. The TFRP is a non-dischargeable tax debt under bankruptcy law. Filing bankruptcy does not eliminate the TFRP, and the IRS can continue collections after bankruptcy discharge.

Can the IRS assess multiple people for the same TFRP?

Yes. The IRS can assess multiple responsible persons for the full amount of the TFRP. However, the IRS can only collect once — if one person pays, the others are released.

How long does the IRS have to assess the TFRP?

The IRS has 3 years from the date the payroll tax return (Form 941) was filed to assess the TFRP. If the return was never filed, there is no statute of limitations. Once assessed, the IRS has 10 years to collect.

What should I do if I receive Form 4180 or Letter 1153?

Do not respond without representation. Form 4180 is an IRS interview to gather evidence. Letter 1153 is a proposed assessment with a 60-day deadline to respond. Contact a tax professional immediately.

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FixIRSTax | A Division of Strategic Planning Advisors LLC provides IRS resolution services. Information provided on this site is for educational purposes only and does not constitute formal tax, legal, or investment advice. Please consult your advisor before making financial decisions.

Information provided on this site is for educational purposes only and does not constitute formal tax, legal, or investment advice. Please consult your advisor before making financial decisions.