(a) Whenever an employer required to deduct and withhold taxes as
required under this article fails, at the time and in the manner
prescribed by law or regulation, to deduct and withhold, collect,
account truthfully for, or pay over to the commissioner the amount
of taxes due as required by this article, upon being notified of the
failure by the commissioner by notice served upon him, personally or
by registered or certified mail or statutory overnight delivery
addressed to his last known address, he shall comply with the
requirement of special accounting as set forth in subsection (b) of
this Code section. (b) Beginning at the time of service upon him of the notice provided
for in subsection (a) of this Code section, the employer shall
deduct and withhold the tax required under this article and, not
later than the second banking day after any amount of such tax is
deducted and withheld, shall: (1) Deposit the tax in a special and separate account in any state
or national bank designated as a state depository and keep the
amount of such taxes in such account until payment over to the
commissioner or to the department. Each such account shall be a
special fund in trust for the state payable only to the
commissioner or the department; or (2) Purchase a postal money order or other certified or bankable
paper for such amount, payable only to the commissioner or the
department. The order or paper shall be handled and dealt with
under such rules and regulations as the commissioner may
prescribe. (c) Whenever the commissioner is satisfied that the special
accounting prescribed under subsections (a) and (b) of this Code
section is no longer necessary to effect future compliance with law
or regulations, he may cancel the notice requiring compliance with
subsection (b) of this Code section at such time and under such
conditions as he may specify. |