Starting level and typical ranges
These ranges use the starting level alone, before any adjustments, for someone with no criminal record unless the column says otherwise. Most real cases add levels.
| Starting point | Level | Trial | Guilty plea | Plea + zero-point | Category IV, plea |
|---|---|---|---|---|---|
| $2,500 or less | 6 | 0–6 months | 0–6 months | 0–6 months | 2–8 months |
| More than $2,500 | 8 | 0–6 months | 0–6 months | 0–6 months | 6–12 months |
| More than $250,000 | 18 | 27–33 months | 18–24 months | 12–18 months | 30–37 months |
| More than $25,000,000 | 28 | 78–97 months | 57–71 months | 46–57 months | 84–105 months |
| More than $550,000,000 | 36 | 188–235 months | 135–168 months | 108–135 months | 188–235 months |
Important details
- If the employer withheld tax from a worker's pay and willfully did not account to the worker for it, that is a form of embezzlement. The theft and fraud guideline (§2B1.1) applies if it gives a higher level (§2T1.6(b)(1)).
- The calculator does not apply mandatory minimum sentences set by statute for this offense. If the statute of conviction requires one and it is higher than the range shown, the minimum controls; check the statute or ask a lawyer.
Frequently asked questions
What is the base offense level for failure to pay over payroll taxes?
The guideline for failure to pay over payroll taxes is §2T1.6 of the federal Sentencing Guidelines. Before any adjustments, its starting level depends on the facts: from level 6 to level 36. The table on this page lists each starting point.
What is the guideline range for failure to pay over payroll taxes with no criminal history points and a guilty plea?
Using the first starting point in the table on this page (level 6) alone, a person with no criminal history points who pleads guilty scores 0–6 months, including the 2-level zero-point reduction. Adjustments such as role in the offense or obstruction can change the level, and the judge can sentence outside the range.
Is probation possible for failure to pay over payroll taxes?
The guidelines allow it at the first starting point in the table: with a guilty plea and the zero-point reduction the range begins at 0 months (Zone A), so prison is not required, unless the offense is a Class A or B felony or the statute rules probation out (§5B1.1(b)). Added facts can raise the range out of Zone A.
Is the calculator accurate for failure to pay over payroll taxes?
It follows §2T1.6 of the Guidelines Manual effective November 1, 2025. It passed 5 review rounds, each comparing every number, rule and label with the manual text, and its last round found nothing to correct. Those reviews were done with AI tools, not by lawyers, and it has not yet been reviewed by an attorney, so mistakes are possible. The guidelines are advisory, and a lawyer who knows the case can tell you what actually applies.
Related offenses
- Failure to Deposit Taxes in TrustDid not put collected taxes in a trust account after an IRS noticeVerified
- False Withholding StatementsGave false tax withholding information, or no wage statementVerified
- Tax Conspiracy (Klein Conspiracy)Conspired with others to obstruct the IRS or defeat taxesVerified
- Alcohol and Tobacco Tax EvasionDid not pay alcohol or tobacco taxesVerified
- Alcohol and Tobacco Regulatory ViolationsBroke alcohol or tobacco recordkeeping rulesVerified
- Customs SmugglingSmuggled goods to avoid customs duties or import rulesVerified
- Tax EvasionCheated on taxes, or willfully did not file or payVerified
- Tax Preparer FraudHelped other people file false tax returnsVerified