Are members of a non-profit board of directors personally responsible for $$$ owed to the IRS for late taxes?

Question

Due to some a bit of confusion, disorganization, restructuring and lack of knowledge, the taxes of a non-profit company that I am on the board for filed their taxes late. (Very late...the penalty fee is $5000...money that the company does not have) If the company cannot pay, are the board members responsible? Is this something we are liable for?

Answer 1

The board members might not be, but the corporate officers most certainly are, especially the President and the Treasurer. Additionally, any employees who are responsible for the calculation of tax liability, preparation of returns, and payment of taxes as part of their job duties can be held liable by the IRS as well.

Merely serving on the board does not make board members liable per-se but if it appears that the actions of the board caused the taxes to go unpaid or the returns to be filed late the IRS could potentially assign liability there as well.