§1852 — Title 2 The Congress | U.S. Code

Summary

Employers at the Office of the Architect of the Capitol, the United States Botanic Garden, and the Senate Restaurant must withhold and send State income tax for employees who live in a State if that State’s law generally requires employers to do so and the employee asks for it. The Architect can make agreements with States to allow those remittances, but the Architect cannot be required to send the money more often than once each calendar quarter. Amounts withheld follow the State’s normal rules for employer withholding. An employee can ask for withholding to one State at a time and no more than two different States in one calendar year. A request starts on the first day of the first pay period that begins on or after the office receives the request, except the Architect can set a start date when first agreeing with a State, and a new hire’s request is effective on the day of appointment if made then. Employees can change or stop their request, and changes take effect the same way. The Architect can make rules to run this program. This law creates only the duties it says and does not expose the United States or its workers to penalties. "State" means any U.S. State.

Title 2, §1852

The Congress — Source: USLM XML via OLRC

(a)Whenever—

(1)the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and

(2)such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State;

(A)employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant; and

(B)who request the Architect to make such withholdings for remittance to that State.

(b)Any agreement entered into under subsection (a) of this section shall not require the Architect to remit such sums more often than once each calendar quarter.

(c)(1)An individual employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant may request the Architect to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers.

(2)An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first pay period commencing on or after the day on which the request is received in the Office of the Architect, the Botanic Garden Office, or the Senate Restaurant Accounting Office except that—

(A)when the Architect first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Architect may determine; and

(B)when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment.

(3)An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first pay period commencing on or after the day on which the request for change or the revocation is received in the appropriate office.

(4)The Architect is authorized to issue rules and regulations he considers appropriate in carrying out this subsection.

(d)The Architect may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate.

(e)This section imposes no duty, burden, or requirement upon the United States, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section.

(f)For the purposes of this section, “State” means any of the States of the United States.

Editorial Notes

Codification Section was classified to section 166b–5 of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, § 1, Aug. 21, 2002, 116 Stat. 1062.

§1852 Withholding and remittance of State income tax

Summary

Title 2, §1852

Notes & Related Subsidiaries

Editorial Notes

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