TITLE 19. FINANCE, TAXES AND COLLECTIONS
CHAPTER 19-1500. WAGE AND NET PROFITS TAX
§19-1507. Liability of Persons To Collect, Account For and Pay Over Wage Taxes. [222]
(1) Any person required to collect, truthfully account
for, and pay over any tax imposed by this Chapter on salaries, wages,
commissions and other compensation who fails to collect such tax, or truthfully
account for and pay over such tax, or willfully attempts in any manner to evade
or defeat any such tax or the payment thereof, shall be liable for the full
amount of such tax.
(2) For purposes of subsection 19-1508(1), an
individual or entity that exercises significant control over the financial
affairs of an employer, including without limitation the disbursements of funds
or determining the priority of payments to creditors, is deemed to be a person
required to collect, truthfully account for, and pay over any tax imposed by
this Chapter on salaries, wages, commissions and other
compensation.
(3) For purposes of this section, "person" includes a
shareholder, director, trustee, officer or employee of a corporation, or a
partner or employee of a partnership, or the sole proprietor of a sole
proprietorship, or a third party who makes either direct payment of wages to the
employees of another or advances funds to pay the wages of the employees of
another.
(4) More than one person may be liable under subsection
19-1507(1) with respect to the same employer, with each such person being
jointly and severally liable for the full amount of the tax.
(5) This
section is modeled upon Section 6672 of the Internal Revenue Code (26 U.S.C.
§ 6672), and it is City Council's intent that this section be
construed in the same manner that Section 6672 has been
construed.