NOT Filing Taxes Is a Criminal Offense

Jasmine DiLucci, JD, CPA, EA
Jasmine DiLucci, JD, CPA, EAMay 14, 2026

Why It Matters

Non‑compliance with payroll tax obligations can trigger criminal prosecution and irrevocable liabilities, jeopardizing both business continuity and personal assets.

Key Takeaways

  • Payroll taxes cannot be discharged ever in bankruptcy.
  • Employer withholds taxes, holds them in trust for IRS.
  • Failure to remit payroll taxes triggers astronomical penalties and interest.
  • Not filing tax returns is criminal; nonpayment alone isn’t.
  • Trust fund taxes remain payable regardless of bankruptcy or settlement.

Summary

The video explains that failing to remit 941 payroll taxes is not a bankruptcy‑dischargeable debt and that neglecting to file tax returns can constitute a criminal violation.

Because payroll taxes are held in a trust fund for the government, the IRS classifies them in the “extremely serious” bucket; penalties, interest, and potential criminal charges accrue rapidly, and bankruptcy offers no relief.

As the speaker notes, “Not filing is a criminal offense; nonpayment alone isn’t,” and emphasizes that trust‑fund taxes “live forever” on the IRS ledger, making compliance non‑negotiable.

For businesses, the message underscores the necessity of timely payroll tax deposits and filing, lest they face astronomical penalties, personal liability, and possible prosecution, prompting many to seek tax‑attorney counsel.

Original Description

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ABOUT JASMINE DILUCCI, JD, CPA, EA
Jasmine DiLucci has specialized in tax since high school when she first became licensed to represent taxpayers before the IRS.
Now as a tax attorney and CPA, she works with individuals and business owners across the nation to on Tax Planning, CFO Advisory, and IRS Tax Resolution
How Jasmine Got Here…
18: Became an Enrolled Agent, licensed to represent taxpayers before the IRS.
22: Earned an Accounting Degree and a Master’s in Finance.
23: Became a CPA
24: Stepped into leadership as she took over her own CPA firm
26-28: Juggled full-time studies at SMU Law while she was growing her CPA firm.
28: Graduated from law school 4th in her class and became an Attorney, all while managing her CPA firm.
29-31: Expanded her CPA firm to seven figures, with a focus on delivering top-notch service and exceptional value to every client.
32: Launched Tax Leverage to offer free online education and combat the rise of “tax gurus,” aiming to provide real, accessible tax knowledge.
Today: She’s dedicated to running her firm and leveraging her expertise to educate and empower others, helping individuals and businesses navigate the complexities of taxes and finance.
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Disclaimer: This information on this channel is for educational purposes only and does not constitute professional legal or tax advice.
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