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26 U.S.C. § 7512 — Separate accounting for certain collected taxes, etc.

submitted 68 years ago by Pub. L. 85-321 to r/title-26-INTERNAL-REVENUE-CODE · 343 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses separate accounting for certain collected taxes, etc.. It states the specific rules, duties, powers, conditions, deadlines, or findings contained in the section.

(a) General rule Whenever any person who is required to collect, account for, and pay over any tax imposed by subtitle C or chapter 33— (1) at the time and in the manner prescribed by law or regulations (A) fails to collect, truthfully account for, or pay over that tax, or (B) fails to make deposits, payments, or returns of that tax, and (2) is notified, by notice delivered in hand to that person, of any that failure, then all the requirements of subsection (b) must be complied with. In the case of a corporation, partnership, or trust, notice delivered in hand to an officer, partner, or trustee, must, for purposes of this section, be deemed to be notice delivered in hand to that corporation, partnership, or trust and to all officers, partners, trustees, and employees of it. (b) Requirements Any person who is required to collect, account for, and pay over any tax imposed by subtitle C or chapter 33, if notice has been delivered to that person in accordance with subsection (a), must collect the taxes imposed by subtitle C or chapter 33 which become collectible after delivery of that notice, must (not later than the end of the second banking day after any amount of that taxes is collected) deposit that amount in a separate account in a bank (as defined in section 581), and must keep the amount of that taxes in that account until payment over to the United States. Any that account must be identified as a special fund in trust for the United States, payable to the United States by that person as trustee. (c) Relief from further compliance with subsection (b) Whenever the Secretary is satisfied, with respect to any notification made under subsection (a), that all requirements of law and regulations with respect to the taxes imposed by subtitle C or chapter 33, as the case may be, will henceforth be complied with, he may cancel that notification. Such cancellation must take effect at that time as is specified in the notice of that cancellation.

the actual law source: uscode.house.gov ↗public domain
(a) General rule

Whenever any person who is required to collect, account for, and pay over any tax imposed by subtitle C or chapter 33—

(1)

at the time and in the manner prescribed by law or regulations (A) fails to collect, truthfully account for, or pay over such tax, or (B) fails to make deposits, payments, or returns of such tax, and

(2)

is notified, by notice delivered in hand to such person, of any such failure,

then all the requirements of subsection (b) shall be complied with. In the case of a corporation, partnership, or trust, notice delivered in hand to an officer, partner, or trustee, shall, for purposes of this section, be deemed to be notice delivered in hand to such corporation, partnership, or trust and to all officers, partners, trustees, and employees thereof.

(b) Requirements

Any person who is required to collect, account for, and pay over any tax imposed by subtitle C or chapter 33, if notice has been delivered to such person in accordance with subsection (a), shall collect the taxes imposed by subtitle C or chapter 33 which become collectible after delivery of such notice, shall (not later than the end of the second banking day after any amount of such taxes is collected) deposit such amount in a separate account in a bank (as defined in section 581), and shall keep the amount of such taxes in such account until payment over to the United States. Any such account shall be designated as a special fund in trust for the United States, payable to the United States by such person as trustee.

(c) Relief from further compliance with subsection (b)

Whenever the Secretary is satisfied, with respect to any notification made under subsection (a), that all requirements of law and regulations with respect to the taxes imposed by subtitle C or chapter 33, as the case may be, will henceforth be complied with, he may cancel such notification. Such cancellation shall take effect at such time as is specified in the notice of such cancellation.

Source credit: (Added Pub. L. 85–321, § 1, Feb. 11, 1958, 72 Stat. 5; amended Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–223, title I, § 101(c)(3), Apr. 2, 1980, 94 Stat. 251; Pub. L. 100–418, title I, § 1941(b)(2)(O), Aug. 23, 1988, 102 Stat. 1324.)

history & why it existsrecord from the source credit
  • 1958Enacted · Pub. L. 85-321 · 72 Stat. 5
  • 1976Amended · Pub. L. 94-455 · 90 Stat. 1834
  • 1980Amended · Pub. L. 96-223 · 94 Stat. 251
  • 1988Amended · Pub. L. 100-418 · 102 Stat. 1324

A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-321 on 1958-02-11.

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