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.