§ 54 — Employer's return and payment of withheld taxes

§ 54. Employer's return and payment of withheld taxes.--(a) General.--\nEvery employer required to deduct and withhold tax under this local law\nshall, for each calendar month, on or before the fifteenth day of the\nmonth following the close of such calendar month, file a withholding\nreturn as prescribed by the administrator and pay over to the\nadministrator or to a depositary designated by the administrator, the\ntaxes so required to be deducted and withheld, except that for the month\nof December in any year, the return shall be filed and the taxes paid on\nor before January thirty-first of the succeeding year. Where the\naggregate amount required to be deducted and withheld by any employer\nunder this local law and under any local law imposing a tax on earnings\nof nonresidents of the city adopted by the city pursuant to authority\ngranted by the general city law is less than twenty-five dollars in a\ncalendar month and the aggregate of such taxes for the semi-annual\nperiod ending on June thirtieth and December thirty-first can reasonably\nbe expected to be less than one hundred fifty dollars, the administrator\nmay, by regulation, permit an employer to file a return on or before\nJuly thirty-first for the semi-annual period ending on June thirtieth\nand on or before January thirty-first for the semi-annual period ending\non December thirty-first. The administrator may, if he believes such\naction necessary for the protection of the revenues, require any\nemployer to make a return and pay to him the tax deducted and withheld\nat any time, or from time to time. Where the amount of wages paid by an\nemployer is not sufficient under this local law and under any local law\nimposing a tax on earnings of nonresidents of the city adopted by the\ncity pursuant to authority granted by the general city law to require\nthe withholding of tax from the wages of any of his employees, the\nadministrator may, by regulation, permit such employer to file an annual\nreturn on or before February twenty-eighth of the following calendar\nyear.\n (b) Combined returns. The administrator may by regulation provide for\nthe filing of one return which shall include the return required to be\nfiled under this section, together with the employer's return required\nto be filed under any local law imposing a tax on earnings of\nnonresidents of the city adopted by the city pursuant to authority\ngranted by the general city law.\n (c) Deposit in trust for city. Whenever any employer fails to collect,\ntruthfully account for, pay over the tax, or make returns of the tax as\nrequired in this section, the administrator may serve a notice requiring\nsuch employer to collect the taxes which become collectible after\nservice of such notice, to deposit such taxes in a bank approved by the\nadministrator, in a separate account, in trust for the city and payable\nto the administrator, and to keep the amount of such tax in such account\nuntil payment over to the administrator. Such notice shall remain in\neffect until a notice of cancellation is served by the administrator.\n