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Rule Title: EMPLOYER'S FAILURE TO WITHHOLD
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Department: REVENUE
Chapter: WITHHOLDING AND ESTIMATED TAX PAYMENTS
Subchapter: General Withholding
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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42.17.120    EMPLOYER'S FAILURE TO WITHHOLD

(1) If an employer fails to deduct and withhold the tax from wages as required under 15-30-2502, MCA, and thereafter the income tax against which the withholdings may be credited is paid, the amount required to be deducted and withheld shall not be collected from the employer. However, such payment does not relieve the employer from liability for penalties, interest, or additions to the tax applicable because of such failure to deduct and withhold. The employer will not be relieved under this rule from their liability for payment of the amounts required to be withheld unless they can show that the income tax against which the required withholdings may be credited has been paid.

History: 15-30-2620, MCA; IMP, 15-30-2502, 15-30-2503, MCA; NEW, 1982 MAR p. 296, Eff. 2/12/82; AMD, 1986 MAR p. 1835, Eff. 10/31/86; AMD, 2004 MAR p. 2754, Eff. 11/5/04; AMD, 2010 MAR p. 177, Eff. 1/15/10.


 

 
MAR Notices Effective From Effective To History Notes
42-2-812 1/15/2010 Current History: 15-30-2620, MCA; IMP, 15-30-2502, 15-30-2503, MCA; NEW, 1982 MAR p. 296, Eff. 2/12/82; AMD, 1986 MAR p. 1835, Eff. 10/31/86; AMD, 2004 MAR p. 2754, Eff. 11/5/04; AMD, 2010 MAR p. 177, Eff. 1/15/10.
11/5/2004 1/15/2010 History: Sec. 15-30-305, MCA; IMP, Sec. 15-30-203, MCA; NEW, 1982 MAR p. 296, Eff. 2/12/82; AMD, 1986 MAR p. 1835, Eff. 10/31/86; AMD, 2004 MAR p. 2754, Eff. 11/5/04.
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