Section 678. 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 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.