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TAXES

Payroll tax penalties and interest

Payroll tax penalties and interest are the amounts a tax agency adds when you deposit late, file late, or leave employment tax unpaid.

Updated 4 min read4 primary sources

LAW
IRC §6656 (deposits), §6672 (trust fund taxes)
BOUNDARY
Calendar days late, counted from the due date
FORMULA
2%, 5%, 10%, or 15% of the unpaid deposit
WATCH FOR
Trust fund taxes can reach you personally

Federal penalties are set by statute and can stack. A single late payroll can draw a deposit penalty, a filing penalty, and interest at the same time. The deposit penalty runs from 2% to 10% with the days late, and 15% after an IRS notice goes unpaid. Interest runs on unpaid tax from its due date, and on penalties too. State agencies set their own penalty schedules, independent of the federal ones.

How much is the late-deposit penalty?

The IRS counts calendar days from the deposit’s due date. The tiers do not add up: a deposit 20 days late costs 10%, not 17%. The penalty does not apply when a failure was due to reasonable cause and not willful neglect. Confirm current figures with the IRS.

WHEN THE DEPOSIT IS MADEPENALTY ON THE UNPAID DEPOSIT
1-5 days late2%
6-15 days late5%
16 or more days late, before 10 days after the first IRS notice10%
Paid directly to the IRS or with the return instead of deposited10%
Unpaid more than 10 days after the first notice, or on a demand for immediate payment15%

Work it out: one late deposit

Enter the deposit that was late, how it was paid, and how many calendar days late it was. The card picks the one rate that applies, since the tiers never add up.

WORKED EXAMPLE

One late deposit in 2026: $25,000, a week after its due date

26 U.S.C. §6656
Late depositThe amount not deposited by its due date
$
How it was paidWhen a deposit was due: paying the IRS directly is not a deposit
Still unpaid after an IRS noticeMore than 10 days after the first notice, or on a demand for immediate payment
1-5 days: 2%6-15 days: 5%16 days or more: 10%Paid directly or with the return: 10%After notice: 15%

One rate applies; the tiers never add up.

Failure-to-deposit penalty5%: 7 calendar days late, in the 6-15 days tier
$1,250.00
Adding the tiers would charge 7%, $1,750.00At 7 calendar days late only the 5% tier applies.
$500.00too much

The federal failure-to-deposit penalty under 26 U.S.C. §6656 on one late deposit, by calendar days late from the due date, with one rate for amounts paid directly to the IRS or with the return and 15% after an IRS notice. It leaves out reasonable cause and other penalty relief, how an undesignated deposit is applied, failure-to-file and failure-to-pay penalties, interest, and the trust fund recovery penalty. Other cases and state law can change the result.

Which other penalties and interest apply?

Late filing and late payment carry their own penalties, generally charged on the unpaid tax. In a month when both apply, the filing penalty is reduced by the payment penalty. Interest runs until the balance is paid in full.

CHARGERATELIMIT
Failure to file5% of the unpaid tax per month or part month25% in total
Failure to pay0.5% of unpaid tax per month or part month, 1% from 10 days after a levy notice25% in total
InterestFederal short-term rate plus 3 points, set quarterly; 5 points on large C corporation underpaymentsRuns until paid in full

What is the trust fund recovery penalty?

The trust fund recovery penalty (TFRP) equals 100% of unpaid trust fund taxes, the amounts you must withhold from employee pay and hold for the government. When that tax cannot be immediately collected from the business, the IRS can assess the penalty against any responsible person who acted willfully. A responsible person can include an officer, an employee, an accountant, a check signer, or a payroll service provider. Paying other creditors while the business cannot pay its employment taxes indicates willfulness. Work with a qualified tax professional on any assessment.

TRUST FUND TAXES
  • Federal income tax withheld
  • Employee share of Social Security tax
  • Employee share of Medicare tax
NOT TRUST FUND TAXES
  • Employer share of Social Security tax
  • Employer share of Medicare tax
  • Federal unemployment (FUTA) tax

Frequently asked

No, not by itself. With a payroll service provider or a reporting agent, you generally remain responsible for your employment taxes. A missed deposit is still your exposure. Deposit visibility, such as EFTPS enrollment with an inquiry PIN, is how you confirm money reached the agency.

SOURCES
  1. 26 U.S.C. §6656, Failure to make deposit of taxes
  2. 26 U.S.C. §6672, Failure to collect and pay over tax, or attempt to evade or defeat tax
  3. Failure to Deposit Penalty
  4. Administrative penalty relief

General information, not legal or tax advice. Apply current federal and state rules with qualified guidance.

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