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Employment Taxes

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EPLOYMENT TAXES A resident employer who makes a payment that is to be included in calculating the chargeable income of an employee from the employment shall withhold income tax from the payment at the rate provided for in paragraph 4(a) of the First Schedule of income tax act. The obligation of an employer to withhold income tax above shall not be reduced or extinguished because the employer has a right or is under an obligation to deduct and withhold any other amount from the payment or because of any other law that provides that an employee's income from employment shall not be reduced or subject to attachment.

Every withholding agent shall pay to the Commissioner within seven days after the end of each calendar month any income tax that has been withheld in accordance with Subdivision A during the month. And Every withholding agent shall file with the Commissioner within 30 days after the end of each six-month calendar period a statement in the manner and form prescribed specifying- (a) payments made by the agent during the period that are subject to withholding under Subdivision A; (b) the name and address of the withholdee; (c) income tax withheld from each payment; and (d) any other information that the Commissioner may prescribe.

A withholding agent who fails to withhold income tax in must nevertheless pay the tax that should have been withheld in the same manner and at the same time as tax that is withheld. Where a withholding agent fails to withhold income tax from a payment as required (a)the withholdee shall jointly and severally, be liable with the withholding agent for the payment of the tax to the Commissioner; and (b)the tax shall be payable by the withholdee within seven days after the end of the calendar month in which the payment is received. (5) A withholding agent who withholds income tax under Subdivision A and pays the tax to the Commissioner shall be treated as having paid the amount withheld to the withholdee for the purposes of any claim by the withholdee for payment of the amount withheld.
A withholding agent who fails to withhold income tax as mentioned above, but pays the tax that should have been withheld to the Commissioner shall be entitled to recover an equal amount from the withholdee.

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