Page:Federal Register, Vol. 1, No. 2.pdf/4

20 20

F E D E R A L R E G IS T E R, March 17, 1936

Section 607 of the Revenue Act of 1934 Such returns shall contain such information and be made S ec. 607. Whenever any person is required to collect or with­ at such times and in such manner as the Commissioner, hold any internal-revenue tax from any other person and with the approval of the Secretary, may by regulations to pay such tax over to the United States, the amount of tax prescribe. The tax shall, without assessment by the Commissioner so collected or withheld shall be held to be a special fund in trust for the United States. The amount of such fund or notice from the collector, be due and payable to the col­ shall be assessed, collected, and paid in the same manner and lector at the time so fixed for filing the return. * * *. S ec. 1102. (a ) Every person liable to any tax imposed subject to the same provisions and limitations (including penalties) as are applicable with respect to the taxes from by this Act, or for the collection thereof, shall keep such records, render under oath such statements, make such which such fund arose. A r t. 203. Collection of, and liability for, employees’ tax.— returns, and comply w ith, such rules and regulations, as The carrier shall collect the employees’ tax from each em­ the Commissioner, with the approval of the Secretary, may ployee, with respect to compensation fo r employment per­ from time to time prescribe. (b) Whenever in the judgment of the Commissioner nec­ formed fo r such carrier by such employee, by deducting or causing to be deducted the amount of such tax from such essary he may require any person, by notice served upon compensation when paid, either actually or constructively. him, to make a return, render under oath such statements, The carrier is liable for such tax whether or not collected or keep such records as the Commissioner deems sufficient from the employee. Until collected from him the employee to show whether or not such person is liable to tax. A rt. 401. Quarterly returns of employees’ tax and car­ is also liable for the employees’ tax with respect to com­ pensation paid fo r employment performed by him. Any riers’ tax.— For the period beginning March 2, 1936, and such tax collected by or on behalf of a carrier is a special ending May 31, 1936, and for each subsequent period o f fund in trust fo r the United States. The carrier is indem­ three calendar months ending August 31, 1936, November nified against the claims and demands of any person for the 30, 1936, and February 28, 1937, each carrier shall prepare amount of any payment of such tax made by the carrier a return, in quadruplicate, on the prescribed form. A rt. 402. Inform ation returns of employees’ tax and car­ to the United States. For provisions relating to returns, payment, and adjust­ riers’ tax.— For the period beginning March 2, 1936, and ment of employees’ tax, see Chapter IV. For provisions ending February 28, 1937, each carrier shall file an in­ formation return on the prescribed form. relating to interest and penalties, see Chapter VI. A rt. 403. Instructions for completing and filing returns.— CHAPTER III. CARRIERS’ TAX (a ) In general.— Each return required by articles 401 and 402 shall be filled out in accordance with the instructions Section 4 of the act contained thereon and the regulations applicable thereto. Sec. 4. In addition to other taxes, every carrier shall pay Copies of the prescribed forms may be obtained from col­ an excise tax of 3% per centum of the compensation not lectors. Each return shall cover the compensation paid, the in excess of $300 per month paid by it to its employees after carriers’ tax and employees’ tax which attaches, and the ad­ the effective date. justments of tax made, during the period covered by the A r t. 301. Rate and measure of carriers’ tax.— The car­ return. Each carrier is required to file its own return. riers’ tax is imposed at the rate of 3% per cent and is Consolidated returns of parent and subsidiary corporations measured by the total of all compensation paid by the are not permitted. carrier to its employees during the period March 2, 1936, (b) Execution of returns.— The original and all copies of to February 28, 1937, both dates inclusive, with respect to each return shall be signed and verified under oath or affirm­ employment performed after August 28, 1935. (For defini­ ation -by— tion of “ carrier”, “ employee” , and “ compensation” , see (1) the individual, if the carrier is an individual; articles 2, 3, and 6 (a ), respectively; also article 609.) (2) the president, vice-president, or other principal offi­ A r t. 302. When carriers’ tax attaches.— The carriers’ tax cer, i f the carrier is a corporation; or attaches when compensation is paid, either actually or con­ (3) a responsible and duly authorized member having structively, by the carrier (or on its behalf) to its employees. knowledge of its affairs, if the carrier is a partnership or See article 202 relating to the time the employees’ tax other unincorporated organization. attaches. (c) Place of filing.— The original and first two copies of A r t. 303. Liability for carriers’ tax.— Liability for the car­ each quarterly return required by article 401, and the in­ riers’ tax attaches to the carrier with respect to the compen­ formation return required by article 402, shall be filed with sation paid to its employees fo r employment performed for the collector fo r the district in which is located the principal the carrier. For provisions relating to returns, payment, place of business of the carrier, or i f the carrier has no and adjustment of the carriers’ tax, see Chapter IV. For principal place of business in the United States, with the provisions relating to interest and penalties, see Chapter VI. collector at Baltimore, Maryland. The remaining copy of CHAPTER IV. RETURNS, PAYMENT, AND ADJUSTMENT OF EMPLOYEES’ the quarterly return shall be retained by the carrier and made a part of its records. TAX AND CARRIERS’ TAX (d ) Time fo r filing.— Each quarterly return required by Section 8 (b) and (c) of the act article 401 shall be filed on or before the last day of the first (b) Such taxes shall be collected and paid quarterly in month following the period for which it is made. Each such manner and under such conditions not inconsistent information return required by article 402 shall be filed on with this Act as may be prescribed by the Commissioner of or before the last day of the second month following the Internal Revenue. period for which it is made. I f such last day falls on Sun­ (c) All provisions of law, including penalties, applicable day or a legal holiday, the return may be filed on the next with respect to any tax imposed by section 600 or section following business day. I f placed in the mails, the return 800 of the Revenue Act of 1926, and the provisions of section shall be posted in ample time to reach the collector’s office, 607 of the Revenue Act of 1934, insofar as applicable and under ordinary handling of the mails, on or before the date not inconsistent with the provisions of this Act, shall be on which the return is required to be filed. As to additions applicable with respect to the taxes imposed by this Act. to the tax in the case of failure to file the return within the prescribed time, see article 605. Sections 602 and 1102 (a ) and (b ) of the Revenue Act of A rt. 404. Payment of employees’ and carriers’ tax.— The 1926, made applicable by section 8 (c) of the act employees’ tax and the carriers’ tax required to be reported S ec. 602. Every person liable for any tax * * * shall ' on the quarterly return under article 401 are due and pay­ make * * * returns under oath * * * and pay the able to the collector, without any assessment by the Com­ taxes imposed by such section to the collector fo r the dis­ missioner or notice by the collector, at the time fixed for trict in which is located the principal place of business. filing such return. For provisions relating to interest, see