James E. Anderson and Cheryl J. Latos - Page 5




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               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 or                   






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