- 5 - IRC Sec. 3402. Income tax collected at source • (a) Requirement of withholding • (1) In general Except as otherwise provided in this section, every employer making payment of wages shall deduct and withhold upon such wages a tax determined in accor- dance with tables or computational pro- cedures prescribed by the Secretary. IRC Sec. 3403. Liability for tax The employer shall be liable for the payment of the tax required to be deducted and withheld under this chapter, and shall not be liable to any per- son for the amount of any such payment Treasury Regulation § 31.3403-1 Liability for tax Every employer required to deduct and withhold the tax under section 3402 from the wages of an em- ployee is liable for the payment of such tax whether or not it is collected from the employee by the employer. If, for example, the employer deducts less than the correct amount of tax, or if he fails to deduct any part of the tax, he is nevertheless liable for the correct amount of the tax. See, however, § 31.3402(d)-1. * * * Treasury Regulation Sec. 31.6205-1 Adjustments of underpayments. (a) In general. (1) An employer who makes, or has made, an undercollection or underpayment of-- (iii) Income tax required under section 3402 to be withheld, with respect to any payment of wages or compensation, shall correct such error as provided in this section. (c) Income tax required to be withheld from wages--(4) Deductions from employee. If no income tax, or less than the correct amount of income tax, required under section 3402 to be withheld from wages is deducted from wages paid to an em- ployee in a calendar year, the employer shall collect the amount of the undercollection on orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007