26 U.S.C. § 1463 — Tax paid by recipient of income
submitted 72 years ago by ch. 736 to r/title-26-INTERNAL-REVENUE-CODE · 85 words · no verdicts yet
If a person unlawfully fails to deduct and withhold a required tax, and the tax that could be credited against it is later paid, the required withholding tax cannot be collected from that person. The person still remains liable for applicable interest, penalties, and additions to tax.
If both of these things happen:
(1) A person violates this chapter by failing to deduct and withhold a tax required by this chapter; and
(2) the tax against which that withheld tax could be credited is later paid;
then the tax that should have been deducted and withheld cannot be collected from that person. This section does not remove the person's liability for interest, penalties, or additions to tax that otherwise apply because the person failed to deduct and withhold the tax.
If—
any person, in violation of the provisions of this chapter, fails to deduct and withhold any tax under this chapter, and
thereafter the tax against which such tax may be credited is paid,
the tax so required to be deducted and withheld shall not be collected from such person; but this section shall in no case relieve such person from liability for interest or any penalties or additions to the tax otherwise applicable in respect of such failure to deduct and withhold.
Source credit: (Aug. 16, 1954, ch. 736, 68A Stat. 360; Pub. L. 101–239, title VII, § 7743(a), Dec. 19, 1989, 103 Stat. 2406; Pub. L. 104–188, title I, § 1704(t)(9), Aug. 20, 1996, 110 Stat. 1887.)
- 1954Enacted · Act of Aug. 16, 1954, ch. 736
- 1989Amended · Pub. L. 101-239 · 103 Stat. 2406
- 1996Amended · Pub. L. 104-188 · 110 Stat. 1887
A history note hasn’t been published yet. The record shows enactment by ch. 736 on 1954-08-16.
all 0 arguments · sorted by: best
no arguments yet — make the first case