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This entry was published on 2014-09-22
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SECTION 678
Liability of third parties paying or providing for wages
Tax (TAX) CHAPTER 60, ARTICLE 22, PART 5
§ 678. Liability of third parties paying or providing for wages.--(a)
Direct payment by third party.--If a lender, surety or other person, who
is not an employer with respect to an employee or group of employees,
pays wages directly to such an employee or group of employees, employed
by one or more employers, or to an agent on behalf of such employee or
employees, such lender, surety or other person shall be liable for the
amount of taxes (together with interest) required to be deducted and
withheld from such wages by the employer.

(b) Funds supplied to employer by third parties.--If a lender, surety
or other person supplies funds to or for the account of an employer for
the specific purpose of paying wages of the employees of such employer,
with actual notice or knowledge that such employer does not intend to or
will not be able to make timely payment or deposit of the amounts of tax
required by this article to be deducted and withheld by such employer
from such wages, such lender, surety or other person shall be liable for
the amount of the taxes (together with interest) which are not paid over
to the tax commission by such employer with respect to such wages.
However, the liability of such lender, surety or other person shall be
limited to an amount equal to twenty-five percent of the amount so
supplied to or for the account of such employer for such purpose.

(c) Effect of payment.--Any amounts paid to the tax commission
pursuant to this section shall be credited against the liability of the
employer.