26 U.S.C. § 7512
§ 7512. Separate accounting for certain collected taxes, etc
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History
Added in 1958 by the Public Law 85-321. Last changed August 23, 1988 by the Public Law 100-418.
Every change, newest first (4)
- August 23, 1988Public Law 100-418
- April 2, 1980Public Law 96-223
- October 4, 1976Tax Reform Act of 1976
- February 11, 1958Public Law 85-321 · added this section
The law as written
Current through Public Law 119-102. Amendment notes omitted.
Whenever any person who is required to collect, account for, and pay over any tax imposed by subtitle C or chapter 33—
at the time and in the manner prescribed by law or regulations (A) fails to collect, truthfully account for, or pay over such tax, or (B) fails to make deposits, payments, or returns of such tax, and
is notified, by notice delivered in hand to such person, of any such failure,
then all the requirements of subsection (b) shall be complied with. In the case of a corporation, partnership, or trust, notice delivered in hand to an officer, partner, or trustee, shall, for purposes of this section, be deemed to be notice delivered in hand to such corporation, partnership, or trust and to all officers, partners, trustees, and employees thereof.
Any person who is required to collect, account for, and pay over any tax imposed by subtitle C or chapter 33, if notice has been delivered to such person in accordance with subsection (a), shall collect the taxes imposed by subtitle C or chapter 33 which become collectible after delivery of such notice, shall (not later than the end of the second banking day after any amount of such taxes is collected) deposit such amount in a separate account in a bank (as defined in section 581), and shall keep the amount of such taxes in such account until payment over to the United States. Any such account shall be designated as a special fund in trust for the United States, payable to the United States by such person as trustee.
Whenever the Secretary is satisfied, with respect to any notification made under subsection (a), that all requirements of law and regulations with respect to the taxes imposed by subtitle C or chapter 33, as the case may be, will henceforth be complied with, he may cancel such notification. Such cancellation shall take effect at such time as is specified in the notice of such cancellation.