What Happens If You Miss a Payroll Tax Deposit?
Every time you run payroll, you hold money that isn't yours: the income tax, Social Security and Medicare withheld from employees' paychecks, plus your matching share. That money has to be deposited with the IRS on a set schedule, either monthly or semiweekly depending on how much payroll tax you owe. Miss the deadline and the penalties start right away.
The penalty scale
The IRS failure-to-deposit penalty depends on how late the deposit is:
- 2% if the deposit is 1 to 5 days late
- 5% if it's 6 to 15 days late
- 10% if it's more than 15 days late
- 15% if it's still unpaid more than 10 days after the IRS sends a notice demanding payment
Interest runs on top of that, and late or missing quarterly returns (Form 941) carry their own separate penalties.
Why this one is personal
The withheld part of payroll taxes is called "trust fund" money because you're holding it for your employees. If it isn't paid, the IRS can assess the Trust Fund Recovery Penalty against the people responsible for paying it, usually owners and anyone who signs the checks. That's personal liability, even if the business is an LLC or a corporation.
It's one of the few business debts that follows you home. It's also why "we'll catch up on payroll taxes next month" is never a good way to manage cash.
If you've already missed a deposit
- Make the deposit now. The penalty rate depends on how many days late you are, so every day counts.
- File every return on time, even if you can't pay in full. Not filing makes everything worse.
- Ask about penalty relief. If your record has been clean for the past three years, the IRS may waive the penalty under its first-time abatement policy. Reasonable-cause relief is also available in some situations.
- Don't ignore notices. Each notice has a response deadline, and the 15% tier is triggered by ignoring them.
How to make sure it doesn't happen
The easiest fix is to make tax deposits part of payroll instead of a separate chore. When Jette runs your payroll, the deposits and quarterly filings happen on schedule as part of each payroll. You don't have to remember them.
Want help with this? If you've missed a deposit or received a notice, call us. The sooner it's fixed, the cheaper it is.
Get StartedThis article is general information, not tax, legal or HR advice for your specific situation. Payroll rules change; talk with us before acting on it.
