Both payroll tax and income tax are essential parts of how the IRS collects revenue, but they work in very different ways. Knowing how each one functions and who is responsible for them can help you avoid serious tax issues in the future.
What Is Payroll Tax?
Payroll tax refers to the money that employers withhold from their employees’ paychecks for Social Security, Medicare, and federal income tax. These funds do not belong to the business. They are held in trust for the government and the employee’s tax account.
Employers are responsible for collecting these taxes and sending them to the IRS on time. If a business fails to deposit or report payroll taxes correctly, the IRS can hold certain individuals personally responsible under the Trust Fund Recovery Penalty (TFRP).
This means that business owners, corporate officers, and even bookkeepers who have control over company finances may be held liable. The IRS views unpaid payroll taxes as a serious violation of trust because these funds are meant to be turned over, not used for business expenses.
What Is Income Tax?
Income tax is the amount that individuals and businesses pay on the money they earn. For employees, it is typically withheld automatically from their paychecks. For self-employed individuals and business owners, it is paid through estimated quarterly payments or when filing a tax return.
Income tax is considered a personal or business obligation. In this case, you are paying taxes on what you or your company earned. When someone fails to file or pay their income tax, the IRS can assess penalties, charge interest, or take collection actions such as liens, levies, or wage garnishments. However, this liability usually applies only to the taxpayer who earned the income, not to others in the organization.
Who’s Responsible for Each
| Type of Tax | Who Pays | Who’s Responsible | Common IRS Actions |
| Payroll Tax | Employees (withheld from wages) | Employer or responsible financial officers | Trust Fund Recovery Penalty, business liens, or levies |
| Income Tax | Individuals and business entities | The taxpayer (person or business) | Late-filing penalties, liens, levies, or garnishments |
Final Thoughts
The key difference between payroll and income tax lies in who holds the funds and who is accountable for paying them. Payroll taxes are collected from employees and must be turned over to the IRS, while income taxes are owed directly by the person or business that earns the income.
Because payroll taxes involve money that belongs to others, the IRS enforces these cases more aggressively. However, both types of taxes can lead to serious consequences if left unpaid, including liens, levies, and personal liability for those involved.
If you are struggling with payroll or income tax matters, the Law Office of Steven Klitzner can represent you before the IRS, protect your assets, and negotiate the best possible solution for your situation. Contact us today to speak confidentially with a tax attorney who focuses exclusively on IRS cases.







Steven N. Klitzner, P.A. is a tax attorney based in Miami, Florida. He has been practicing tax law for over 40 years, and currently holds a 10.0 rating by Avvo. Mr. Klitzner was appointed to the IRS Service Advisory Council in 2021 and is... 





