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54:8A-104 - Tax not to be collected from employer on payment;  liability for  penalties;  interest;  failure to pay tax withheld

54:8A-104.  Tax not to be collected from employer on payment;  liability for  penalties;  interest;  failure to pay tax withheld
    (a) If an employer fails to deduct and withhold tax as required, and thereafter the tax against which such tax may be credited is paid, the tax so required to be deducted and withheld shall not be collected from the employer, but the employer shall not be relieved from liability for any penalties, interest, or additions to the tax otherwise applicable in respect of such failure to deduct and withhold.

    (b) If any employer shall fail to make a return and pay a tax withheld by him at the time required by or under the provisions of this act, such employer shall be liable for such tax and shall pay the same together with all penalties  and interest charges thereon as provided in the case of any taxpayer under  section 48 of this act, and such additional amount of penalties and interest  shall in no case be charged to or collected from the taxpayer by said employer.   The Division of Taxation shall have the same rights and powers for the  collection of such tax, penalties and interest against such employer as are now  prescribed by this act for the collection of a tax against a taxpayer.

     L.1971, c. 222, s. 47, approved June 17, 1971; expired December 31, 1980 pursuant to L.1971,c.222,s.62.
 

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