Section 11-1778. Liability of third parties paying or providing for wages


Latest version.
  • (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 chapter 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.