26 U.S.C. § 1463: Tax paid by recipient of…

Summary

If someone fails to hold back tax they were supposed to, and later the tax that the held-back amount would have reduced is paid, the amount that should have been held back will not be collected from that person. The person still must pay any interest, penalties, or extra charges that apply because they did not hold back the tax.

Title 26, §1463

Internal Revenue Code, Source: USLM XML via OLRC

If—

(1)any person, in violation of the provisions of this chapter, fails to deduct and withhold any tax under this chapter, and

(2)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 such person; but this section shall in no case relieve such person from liability for interest or any penalties or additions to the tax otherwise applicable in respect of such failure to deduct and withhold.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Pub. L. 104–188 substituted “this section” for “this subsection”. 1989—Pub. L. 101–239 amended section generally. Prior to amendment, section read as follows: “If any tax required under this chapter to be deducted and withheld is paid by the recipient of the income, it shall not be re-collected from the withholding agent; nor in cases in which the tax is so paid shall any penalty be imposed on or collected from the recipient of the income or the withholding agent for failure to return or pay the same, unless such failure was fraudulent and for the purpose of evading payment.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1989 Amendment Pub. L. 101–239, title VII, § 7743(b), Dec. 19, 1989, 103 Stat. 2406, provided that: “The amendment made by subsection (a) [amending this section] shall apply to failures after December 31, 1989.”

§1463 Tax Paid by Recipient of Income