New York Tax Law (Consolidated Laws)
N.Y. Tax Law § 678
Liability of third parties paying or providing for wages
§ 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.
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In this article (40 sections)
- 639 · Accruals upon change of residence
- 651 · Returns and liabilities
- 652 · Time and place for filing returns and paying tax
- 653 · Signing of returns and other documents
- 654 · Relief from joint and several liability on joint return
- 657 · Extensions of time
- 658 · Requirements concerning returns, notices, records and statements
- 659 · Report of federal changes, corrections or disallowances
- 659-A · Reporting of federal partnership adjustments
- 660 · Election by shareholders of S corporations
- 661 · Change of election
- 662 · Computation of tax where taxpayer restores substantial amount…
- 663 · Estimated tax on sale or transfer of real property by nonresident
- 671 · Requirement of withholding tax from wages
- 672 · Information statement for employee
- 673 · Credit for tax withheld
- 674 · Employer's return and payment of withheld taxes
- 675 · Employer's liability for withheld taxes
- 676 · Employer's failure to withhold
- 677 · Designation of third parties to perform acts required of employers
- 678 · Liability of third parties paying or providing for wages
- 681 · Notice of deficiency
- 682 · Assessment
- 683 · Limitations on assessment
- 684 · Interest on underpayment
- 685 · Additions to tax and civil penalties
- 686 · Overpayment
- 687 · Limitations on credit or refund
- 688 · Interest on overpayment
- 689 · Petition to tax commission
- 690 · Review of tax commission decision
- 691 · Mailing rules; holidays; miscellaneous
- 692 · Collection, levy and liens
- 693 · Transferees
- 694 · Jeopardy assessment
- 695 · Criminal penalties; cross-reference
- 696 · Income taxes of members of armed forces, astronauts, and victims…
- 697 · General powers of tax commission
- 698 · Deposit and disposition of revenue
- 699 · Transition provisions