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The answer is YES they can. The payroll taxes are assessed as a Trust Fund Penalty once the business has closed. If the business is Incorporated a small percentage of the payroll tax will die with the defunct buiness but the remainder is assessed to the officers/owners of the corporation as a personal liability and therefore can become open to any collection actions the IRS deems necessary. If the business is NOT Incorporated the payroll tax becomes 100% a personal tax liability and therefore can become open to any collection actions the IRS deems necessary. The answer is YES they can. The payroll taxes are assessed as a Trust Fund Penalty once the business has closed. If the business is Incorporated a small percentage of the payroll tax will die with the defunct buiness but the remainder is assessed to the officers/owners of the corporation as a personal liability and therefore can become open to any collection actions the IRS deems necessary. If the business is NOT Incorporated the payroll tax becomes 100% a personal tax liability and therefore can become open to any collection actions the IRS deems necessary.

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