WHO IS "LIABLE" FOR THE TAX?
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Federal taxes are collected from
those who are "liable" for
the various
taxes imposed in the Internal Revenue Code. For example, 26 U.S.C.
§ 7601 commands that the Secretary of the Treasury "canvass" the
various internal revenue districts to located those "liable" to pay any
internal revenue tax:
Section
7601. Canvass of districts for taxable persons and objects.
(a) General rule.
The Secretary shall, to the extent he deems it practicable,
cause
officers or employees of the Treasury Department to proceed, from
time to time, through each internal revenue district and inquire
after and concerning all persons therein who may be liable to pay
any internal revenue tax, and all persons owning or having the care
and management of any objects with respect to which any tax is
imposed.
After taxes are assessed against
a taxpayer so liable
therefor, the
Secretary must give notice and demand for payment thereof to persons
"liable" for the tax:
Section
6303. Notice and demand for tax.
(a) General rule.
Where it is not otherwise provided by this title, the
Secretary
shall, as soon as practicable, and within 60 days, after the making
of an assessment of a tax pursuant to section 6203, give notice to
each person liable
for the unpaid tax, stating the amount and
demanding payment thereof. Such notice shall be left at the
dwelling or usual place of business of such person, or shall be
sent by mail to such person's last known address.
Tax liens authorized via 26
U.S.C. § 6321 are filed against
persons "liable" for the
tax:
Section
6321. Lien for taxes.
If any person liable
to pay any tax neglects or refuses to pay
the same after demand, the amount (including any interest,
additional amount, addition to tax, or assessable penalty, together
with any costs that may accrue in addition thereto) shall be a lien
in favor of the United States upon all property and rights to
property, whether real or personal, belonging to such person.
And the Secretary is authorized
to collect taxes from those
identified
as "liable" for taxes:
Section
6331. Levy and distraint.
(a) Authority of Secretary.
If any person liable
to pay any tax neglects or refuses to pay
the same within 10 days after notice and demand, it shall be lawful
for the Secretary to collect such tax (and such further sum as
shall be sufficient to cover the expenses of the levy) by levy upon
all property and rights to property (except such property as is
exempt under section 6334) belonging to such person or on which
there is a lien provided in this chapter for the payment of such
tax. Levy may be made upon the accrued salary or wages of any
officer, employee, or elected official, of the United States, the
District of Columbia, or any agency or instrumentality of the
United States or the District of Columbia, by serving a notice of
levy on the employer (as defined in section 3401(d)) of such
officer, employee, or elected official. If the Secretary makes a
finding that the collection of such tax is in jeopardy, notice and
demand for immediate payment of such tax may be made by the
Secretary and, upon failure or refusal to pay such tax, collection
thereof by levy shall be lawful without regard to the 10-day period
provided in this section.
The Internal Revenue Code imposes
in subtitle C several different
types
of employments taxes, and only one party is "liable" therefor: the
employer. The FICA tax is imposed in § 3101, and only
the employer is "liable":
Section
3102. Deduction of tax from wages.
(a) Requirement.
The tax imposed by section 3101 shall be collected by the
employer of the taxpayer, by deducting the amount of the tax from
the wages as and when paid. * * *
(b) Indemnification of employer.
Every employer required so to deduct the tax shall be liable for
the payment of such tax, and shall be indemnified against the
claims and demands of any person for the amount of any such payment
made by such employer.
The Railroad Retirement Tax is
imposed via §
3201, and
it is the employer who is liable
therefor:
Section
3202. Deduction of tax from compensation.
(a) Requirement.
The taxes imposed by section 3201 shall be collected
by the
employer of the taxpayer by deducting the amount of the taxes from
the compensation of the employee as and when paid. * * *
(b) Indemnification of employer
Every employer required under subsection (a) to deduct the
tax
shall be liable for
the payment of such tax and shall not be liable
to any person for the amount of any such payment.
The employment tax imposed via § 3402 that
provides for wage withholding makes the employer "liable" for it:
Section
3403. Liability for tax.
The employer shall be liable
for the payment of the tax required
to be deducted and withheld under this chapter, and shall not be
liable to any person for the amount of any such payment.
And those who provide pensions,
etc, are considered employers who
are
"liable" for the deferred
wage/income payments they make:
Section
3405. Special rules for pensions, annuities, and certain other
deferred income.
* * *
(d) Liability for withholding.
(1) In general
Except as provided in paragraph (2), the payor of a designated
distribution (as defined in subsection (e)(1)) shall
withhold,
and be liable
for, payment of the tax required to be withheld
under this section.
And in certain circumstances,
certain third parties are "liable"
for
employment taxes:
Section
3505. Liability of third parties paying or providing for wages.
(a) Direct payment by third parties
For purposes of sections 3102, 3202, 3402, and 3403, if a
lender,
surety, or other person, who is not an employer under such sections
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 in
his own person and estate to the United States in a sum equal to
the taxes (together with interest) required to be deducted and
withheld from such wages by such employer.
(b) Personal liability where funds are supplied
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
(within the meaning of section 6323(i)(1)) 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 subtitle to be deducted and
withheld by such employer from such wages, such lender, surety, or
other person shall be liable
in his own person and estate to the
United States in a sum equal to the taxes (together with interest)
which are not paid over to the United States by such employer with
respect to such wages.
Clearly, being made "liable"
for a tax via an express provision of the
Internal Revenue Code is very important.
Subtitles D and E of the Internal
Revenue Code impose various
excise
taxes, and excellent examples appear in these titles of sections of the
Code that impose taxes and make specific parties "liable" therefor. For
instance, the tax on tires is imposed via § 4071:
Section
4071. Imposition of tax.
(a) Imposition and rate of tax.
There is hereby imposed on tires of the type used on highway
vehicles, if wholly or in part made of rubber, sold by the
manufacturer, producer, or importer a tax at the following rates:
Those "liable" for
this tax
are identified in the same section as
follows:
(b) Special
rule for manufacturers
who sell at retail.
Under regulations prescribed by the Secretary, if the
manufacturer, producer, or importer of any tire delivers such tire
to a retail store or retail outlet of such manufacturer, producer,
or importer, he shall be liable
for tax under subsection (a) in
respect of such tire in the same manner as if it had been sold at
the time it was delivered to such retail store or outlet. This
subsection shall not apply to an article in respect to which tax
has been imposed by subsection (a).
The section imposing the gambling
tax also identifies who is "liable"
for such tax:
Section
4401. Imposition of tax.
(a) Wagers.
(1) State authorized wagers.
There shall be imposed on any wager authorized under the law of
the State in which accepted an excise tax equal to 0.25
percent of the amount of such wager.
****
(c) Persons liable
for tax.
Each person who is engaged in the business of accepting
wagers
shall be liable for
and shall pay the tax under this subchapter on
all wagers placed with him. Each person who conducts any wagering
pool or lottery shall be liable for and shall pay the tax under
this subchapter on all wagers placed in such pool or lottery. Any
person required to register under section 4412 who receives wagers
for or on behalf of another person without having registered under
section 4412 the name and place of residence of such other person
shall be liable for
and shall pay the tax under this subchapter on
all such wagers received by him.
Directly connected to this tax on
wagers is a tax on those
receiving
the wagers as an occupation tax:
Section
4411. Imposition of tax.
(a) In general.
There shall be imposed a special tax of $500 per year to be
paid
by each person who is liable
for the tax imposed under section 4401
or who is engaged in receiving wagers for or on behalf of any
person so liable.
(b) Authorized persons.
Subsection (a) shall be applied by substituting "$50" for
"$500"
in the case of -
(1) any person whose liability for tax under section 4401 is
determined only under paragraph (1) of section 4401(a), and
(2) any person who is engaged in receiving wagers only for or
on behalf of persons described in paragraph (1).
The section imposing a tax on
crude oil also specifies who is "liable"
for that tax:
Section
4611. Imposition of tax.
(a) General Rule.
There is hereby imposed a tax at the rate specified in
subsection
(c) on -
(1) crude oil received at a United States refinery, and
(2) petroleum products entered into the United States for
consumption, use, or warehousing.
*****
(d) Persons liable
for tax.
(1) Crude oil received at refinery
The tax imposed by subsection (a)(1) shall be paid by the operator
of the United States refinery.
(2) Imported petroleum product
The tax imposed by subsection (a)(2) shall be paid by the person
entering the product for consumption, use, or
warehousing.
(3) Tax on certain uses or exports
The tax imposed by subsection (b) shall be paid by the person
using or exporting the crude oil, as the case may be.
A tax is imposed on distilled
spirits in § 5001:
Section
5001. Imposition, rate, and attachment of tax.
(a) Rate of tax.
(1) General.
There is hereby imposed on all distilled spirits produced in or
imported into the United States a tax at the rate of $13.50
on
each proof gallon and a proportionate tax at the like rate
on all
fractional parts of a proof gallon.
Those who are "liable"
for
this tax are identified in §
5005:
Section
5005. Persons liable
for tax.
(a) General.
The distiller or importer of distilled spirits shall be
liable
for the taxes imposed thereon by section 5001(a)(1).
The tax on wines makes certain
parties "liable":
Section
5043. Collection of taxes on wines.
(a) Persons liable
for payment.
The taxes on wine provided for in this subpart shall be
paid -
(1) Bonded wine cellars.
In the case of wines removed from any bonded wine cellar, by
the proprietor of such bonded wine cellar; except that -
(A) in the case of any transfer of wine in bond as
authorized under the provisions of section 5362(b), the liability for
payment of the tax shall become the liability of the transferee
from the time of removal of the wine from the transferor's
premises, and the transferor shall thereupon be relieved of
such liability; and
(B) in the case of any wine withdrawn by a person other than
such proprietor without payment of tax as authorized under the
provisions of section 5362(c), the liability for payment of the
tax shall become the liability of such person from the time of
the removal of the wine from the bonded wine cellar, and such
proprietor shall thereupon be relieved of such liability.
(2) Foreign wine.
In the case of foreign wines which are not transferred to a
bonded wine cellar free of tax under section 5364, by the
importer thereof.
(3) Other wines.
Immediately, in the case of any wine produced, imported,
received, removed, or possessed otherwise than as
authorized by
law, by any person producing, importing, receiving,
removing, or
possessing such wine; and all such persons shall be jointly
and
severally liable
for such tax with each other as well as with any
proprietor, transferee, or importer who may be liable for the tax
under this subsection.
(b) Payment of tax.
The taxes on wines shall be paid in accordance with section
5061.
Specific parties are made liable
for the beer tax:
Section
5418. Beer imported in bulk.
Beer imported or brought into the United States in bulk
containers may, under such regulations as the Secretary may
prescribe, be withdrawn from customs custody and transferred in
such bulk containers to the premises of a brewery without payment
of the internal revenue tax imposed on such beer. The proprietor of
a brewery to which such beer is transferred shall become liable for
the tax on the beer withdrawn from customs custody under this
section upon release of the beer from customs custody, and the
importer, or the person bringing such beer into the United States,
shall thereupon be relieved of the liability for such tax.
The tobacco tax also makes a
specific party liable for
it:
Section
5703. Liability for tax and method of payment.
(a) Liability for
tax.
(1) Original liability.
The manufacturer or importer of tobacco products and cigarette
papers and tubes shall be liable
for the taxes imposed
thereon by
section 5701.
Pursuant
to the commands of the federal Privacy
Act,
the IRS is required to give a notice (contained in the Privacy Act
Notice or Notice 609) of the various laws that require persons to
supply information to it. The IRS Privacy Act Notice states: "Our legal
right to ask for information is Internal Revenue Code sections 6001,
6011 and 6012(a), and their regulations. They say you must file a
return or statement with us for any tax you are LIABLE for." To
determine whether one must file a federal income tax return, one thus
only needs to study these 3 sections of the Code.
The first
section states as
follows:
Section
6001. Notice or regulations requiring records, statements, and
special returns.
Every person liable for
any tax imposed by this title, or for the
collection thereof, shall keep such records, render such
statements, make such returns, and comply with such rules and
regulations as the Secretary may from time to time prescribe.
Whenever in the judgment of the Secretary it is necessary, he may
require any person, by notice served upon such person or by
regulations, to make such returns, render such statements, or keep
such records, as the Secretary deems sufficient to show whether or
not such person is liable for tax under this title.
The second section provides as
follows:
Section
6011. General requirement of return, statement, or list.
(a) General rule.
When required by regulations prescribed by the Secretary any
person made liable for
any tax imposed by this title, or with
respect to the collection thereof, shall make a return or statement
according to the forms and regulations prescribed by the Secretary.
Every person required to make a return or statement shall include
therein the information required by such forms or regulations.
Thus, the "general requirement"
for making a tax return is that,
first,
one must be liable for a tax. But WHO
is LIABLE for the federal income
tax? The federal income tax is found in subtitle A of the Internal
Revenue Code and consists of sections 1 through 1563. You may download
a 2002 version of the entire Internal Revenue Code here ( item
6 on this page, size: 1.34
Gigs). Once downloaded, please search the Code (particularly the
first 1563 sections) to determine who is "liable" for the federal income
tax. The only section of the Internal Revenue Code that makes anyone "liable" for the federal income
tax is as follows:
Section
1461. Liability for withheld tax.
Every person required to deduct and withhold any tax under
this
chapter is hereby made liable
for such tax and is hereby
indemnified against the claims and demands of any person for the
amount of any payments made in accordance with the provisions of
this chapter.
This party is the withholding
agent for nonresident aliens and
foreign corporations; see §
1441 and
§
1442. Withholding agents may be individuals, corporations,
estates, trusts, political
organizations, homeowners
associations, etc. These are the parties who are required to make
federal income tax returns pursuant to § 6012:
Section
6012. Persons required to make returns of income.
(a) General rule.
Returns with respect to income taxes under subtitle A shall
be
made by the following:
(1)(A) Every individual having for the taxable year gross
income which equals or exceeds the exemption amount, except
that
a return shall not be required of an individual -
(i) who is not married (determined by applying section
7703),
is not a surviving spouse (as defined in section 2(a)), is not
a head of a household (as defined in section 2(b)), and for the
taxable year has gross income of less than the sum of the
exemption amount plus the basic standard deduction applicable
to such an individual,
(ii) who is a head of a household (as so defined) and for
the
taxable year has gross income of less than the sum of the
exemption amount plus the basic standard deduction applicable
to such an individual,
(iii) who is a surviving spouse (as so defined) and for the
taxable year has gross income of less than the sum of the
exemption amount plus the basic standard deduction applicable
to such an individual, or
(iv) who is entitled to make a joint return and whose gross
income, when combined with the gross income of his spouse, is,
for the taxable year, less than the sum of twice the exemption
amount plus the basic standard deduction applicable to a joint
return, but only if such individual and his spouse, at the
close of the taxable year, had the same household as their
home.
* * *
(2) Every corporation subject to taxation under subtitle A;
(3) Every estate the gross income of which for the taxable year
is $600 or more;
(4) Every trust having for the taxable year any taxable income,
or having gross income of $600 or over, regardless of the
amount
of taxable income;
(5) Every estate or trust of which any beneficiary is a nonresident
alien;
(6) Every political organization (within the meaning of section
527(e)(1)), and every fund treated under section 527(g) as
if it constituted a political organization, which has
political organization taxable income (within the meaning
of section
527(c)(1)) for the taxable year; and
(7) Every homeowners association (within the meaning of section
528(c)(1)) which has homeowners association taxable income
(within the meaning of section 528(d)) for the taxable
year.
(8) Every individual who receives payments during the calendar
year in which the taxable year begins under section 3507
(relating to advance payment of earned income credit).
(9) Every estate of an individual under chapter 7 or 11 of
title 11 of the United States Code (relating to bankruptcy)
the gross income of which for the taxable year is not less
than
the sum of the exemption amount plus the basic standard
deduction under section 63(c)(2)(D).
except that subject to such conditions, limitations, and exceptions
and under such regulations as may be prescribed by the Secretary,
nonresident alien individuals subject to the tax imposed by section
871 and foreign corporations subject to the tax imposed by section
881 may be exempted from the requirement of making returns under
this section.
(b) Returns made by fiduciaries and receivers.
* * *
END.
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