For Business Owners
Tax Attorney for Business Owners
Key Takeaway
A tax attorney for business owners is a lawyer who handles IRS employment tax disputes, trust fund recovery penalties under IRC 6672, payroll tax audits, and business entity structuring issues. Business owners face personal liability exposure that individual taxpayers do not — the IRS can pursue you personally for 100% of unpaid payroll taxes. Call Brotman Law at (619) 378-3138 for a free intro call about protecting your business and personal assets.
When the IRS Comes After Your Business, Everything Is at Stake.
As a business owner, you face a unique set of tax risks that employees never encounter. Payroll taxes create personal liability. Business audits can escalate into trust fund recovery penalty assessments. A single misclassified worker can trigger an EDD investigation that spreads across every worker on your payroll.
The IRS treats business tax violations differently than individual issues. With unpaid 941 payroll taxes, the IRS can — and routinely does — pierce the corporate veil and assess the trust fund recovery penalty directly against you as the responsible person. Your personal assets, home, and bank accounts become targets.
We work exclusively with business owners who are dealing with these high-stakes situations. Our attorneys understand the overlap between business law, tax law, and IRS enforcement — and we know how to protect both your business and your personal assets.
Whether you need immediate defense against an IRS enforcement action or proactive tax optimization to prevent problems before they start, we have the experience to help.
Talk to a Tax Attorney
Free 15-minute call. No obligation. We’ll tell you exactly where you stand.
How We Help Business Owners
Business Tax Defense & Strategy Services
Payroll Tax Defense
Unpaid 941 payroll taxes are the single most dangerous tax liability for business owners. The IRS aggressively pursues both the business and responsible individuals. We negotiate settlements, defend against trust fund recovery penalties, and protect your personal assets.
Trust Fund Recovery Penalty
When the IRS assesses the TFRP, they’re coming after you personally — not just your business. We challenge the assessment, negotiate the liability, and build defenses that protect your personal financial position.
Business Audit Defense
IRS and state audits of businesses are complex, multi-issue examinations. We manage the entire audit process — from initial response through appeals — to minimize adjustments and protect your returns.
Entity Structuring
S-Corp vs. C-Corp vs. LLC — the right entity structure depends on your specific business, income level, and goals. We design structures that minimize taxes while providing maximum asset protection and flexibility.
EDD & Worker Classification
California’s EDD aggressively audits worker classification. A single misclassification finding can create payroll tax liability across your entire workforce. We defend against EDD audits and negotiate settlements.
Learn more →Tax Debt Resolution
If your business owes back taxes, we negotiate offers in compromise , installment agreements, and penalty abatement to resolve the liability on terms your business can sustain without shutting down.
Learn more →Common Situations We Handle
If This Sounds Like You, We Can Help
You’ve Fallen Behind on Payroll Taxes
The IRS treats unpaid 941 payroll taxes as theft — they consider it money you collected from employees and failed to remit. Revenue officers are assigned quickly, and enforced collection (levies, seizures) happens faster than with any other tax liability. We step in to halt collection activity and negotiate a resolution that keeps your business open.
Your Business Is Being Audited
Business audits examine everything: revenue recognition, deductions, worker classification, compensation, and related-party transactions. We manage the audit from start to finish, limiting the IRS examiner’s scope and building a defensive record for appeals if needed.
You Received a Trust Fund Recovery Penalty Notice
Form 4180 interviews are where the IRS determines who the “responsible person” is for unpaid payroll taxes. What you say in this interview determines whether you’re personally liable. We prepare you for the interview, attend with you, and challenge any incorrect TFRP assessment.
You’re Growing and Need Tax-Efficient Structuring
Businesses that outgrow their original entity structure overpay on taxes. We analyze your current structure and design a tax-optimized entity framework — including holding companies, retirement plans, and compensation structures — that saves you thousands annually.
California EDD Is Auditing Your Workers
Under AB5 and the ABC test, California presumes your independent contractors are employees. An adverse EDD finding can create years of back payroll tax liability, penalties, and interest. We defend against EDD audits and minimize your exposure.
Talk to a Tax Attorney
Not Sure Where You Stand?
or call (619) 378-3138
Why Brotman Law
Built for Business Owners Facing Tax Problems
We Understand Business
We’ve structured over 150 multimillion-dollar corporate transactions. We understand cash flow, operations, and the real impact of tax decisions on your bottom line.
Defense + Strategy
Most firms do defense or strategy. We do both. We resolve your immediate crisis and then build a plan to prevent future problems.
Personal Liability Protection
We know how the IRS pierces the corporate veil. Every strategy we design considers personal liability exposure alongside business tax efficiency.
Frequently Asked Questions
Tax Attorney for Business Owners FAQs
Can the IRS hold me personally liable for my business’s payroll taxes?
Yes. Under IRC Section 6672, the IRS can assess the Trust Fund Recovery Penalty against any “responsible person” who willfully fails to collect, account for, and pay over employment taxes. This means business owners, officers, and even some managers can be held personally liable for 100% of the unpaid trust fund portion of payroll taxes — regardless of the corporate structure.
What happens if my business falls behind on 941 payroll tax deposits?
The IRS escalates payroll tax cases faster than any other type of tax debt. You’ll receive notices, then a revenue officer will be assigned. Revenue officers have the authority to levy bank accounts, seize assets, and shut down businesses. The key is to act before a revenue officer is assigned — early intervention gives us significantly more negotiating leverage. Contact us immediately if you’ve fallen behind.
Should my business be an S-Corp, C-Corp, or LLC?
There’s no universal answer. S-Corps can save significant self-employment tax but require reasonable compensation. C-Corps offer flexibility for high-growth businesses, especially with QSBS benefits. LLCs are simpler but may result in higher self-employment tax. The right choice depends on your income, number of owners, growth plans, and exit strategy. We analyze your specific situation and recommend the structure that minimizes total tax burden.
How much can entity restructuring save me?
Most business owners we work with save $30,000 to $150,000+ annually through proper entity structuring, compensation optimization, and retirement plan design. The savings increase with income — a business generating $1M+ in annual revenue almost certainly has significant optimization opportunities. We model the exact savings before making any recommendation.
What should I do if the EDD is auditing my workers?
Do not respond without legal counsel. California’s ABC test presumes your workers are employees, and the burden is on you to prove otherwise. An adverse finding can create payroll tax liability for every worker the EDD reclassifies, going back years. We defend EDD audits by challenging the classification methodology and limiting the scope of the examination.
Do you work with my CPA?
Absolutely. We collaborate closely with your CPA and other advisors. We handle the legal strategy and implementation — entity restructuring, IRS negotiations, audit defense — while your CPA handles ongoing compliance and return preparation. This team approach delivers the best results.
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Book Your Free 15-Minute Call
Schedule a brief call with our team to discuss your situation. We’ll assess where things stand and outline your options — confidentially and without obligation.
- Completely confidential — protected by attorney-client privilege
- Every situation is different — you’ll receive a custom assessment tailored to yours
- Same-day and next-day appointments available