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Tax debt help for contractors

Crews, 1099s and payroll. Sort it out.

General contractor in a hard hat reviewing plans on a tailgate at a job site
Updated October 8, 20264 sourcesFact checked

Why it matters

Contractors juggle jobs, crews and payments. When cash is tight, payroll deposits can slip.

That is risky. Withheld payroll tax belongs to your workers, and the IRS can come after the owner for it.

If you are behind on 941s or your own taxes, a tax pro can step in before it gets worse.

  • Employers withhold and pay taxes on employees. They generally do not on independent contractors. Calling a worker the wrong one can leave you owing.
  • Taxes you withhold from workers are trust fund taxes. You hold their money until you deposit it.
  • The Trust Fund Recovery Penalty can be charged to any responsible person who willfully does not pay them. No bad intent is needed.
  • A responsible person can be an owner, officer, partner or anyone with power over which bills get paid.
  • Late payroll deposits cost 2% (1 to 5 days late), 5% (6 to 15 days) or 10% (over 15 days). It rises to 15% after an IRS demand.
  • Employers file Form 941 every quarter for withheld income tax, Social Security and Medicare.

What a tax pro may ask you

Have these ready. Clear answers help a tax firm see what fits you.

  • If you have W-2 workers, 1099 workers or both
  • Which Form 941 quarters are late or unpaid
  • Which tax years you have not filed
  • The notice code in the top right corner of any IRS letter

Common questions

Can the IRS make me pay my company's payroll tax?

Yes, through the Trust Fund Recovery Penalty, if you were responsible and willfully did not pay. No bad intent is needed.

What if I paid my crew as 1099s?

If they were really employees, you may owe payroll tax you did not withhold. A tax pro can review it.

Can a tax pro stop IRS collection?

They can ask the IRS for a payment plan, a hold, penalty relief or an offer, based on your facts. Results depend on your situation. Not every case qualifies.

Ways to get help

Results depend on your situation. Not every case qualifies.

Run the numbers with our free tax tools, like the penalty and payment plan math.

See your options

A few questions. A tax pro calls you back.

Free tools: penalty calculator, 10 year clock, IRS offer data

Free to use. Not the IRS or any government agency. Results depend on your situation. Not every case qualifies.