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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 3505 Liability of third parties paying or providing for wages us united_states_code code_section 26 INTERNAL REVENUE CODE 25 GENERAL PROVISIONS RELATING TO EMPLOYMENT TAXES 3505 26 U.S.C. § 3505 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s3505 data/legal/raw/us/code/title-26/usc26.xml 0b64ccb718dfcbf08a3c8b2d0c4ed356284f4bf65a06012114f44dfc81fc7cb5 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 7eee56bc83aa2763540297e1fd1335be673d9a17a0ca441211d00a8b6910d877 2026-07-04 official
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26 U.S.C. § 3505 - Liability of third parties paying or providing for wages

Text

(a) Direct payment by third parties For purposes of sections 3102, 3202, 3402, and 3403, if a lender, surety, or other person, who is not an employer under such sections with respect to an employee or group of employees, pays wages directly to such an employee or group of employees, employed by one or more employers, or to an agent on behalf of such employee or employees, such lender, surety, or other person shall be liable in his own person and estate to the United States in a sum equal to the taxes (together with interest) required to be deducted and withheld from such wages by such employer.

(b) Personal liability where funds are supplied If a lender, surety, or other person supplies funds to or for the account of an employer for the specific purpose of paying wages of the employees of such employer, with actual notice or knowledge (within the meaning of section 6323(i)(1)) that such employer does not intend to or will not be able to make timely payment or deposit of the amounts of tax required by this subtitle to be deducted and withheld by such employer from such wages, such lender, surety, or other person shall be liable in his own person and estate to the United States in a sum equal to the taxes (together with interest) which are not paid over to the United States by such employer with respect to such wages. However, the liability of such lender, surety, or other person shall be limited to an amount equal to 25 percent of the amount so supplied to or for the account of such employer for such purpose.

(c) Effect of payment Any amounts paid to the United States pursuant to this section shall be credited against the liability of the employer.

(Added Pub. L. 89719, title I, § 105(a), Nov. 2, 1966, 80 Stat. 1138.)

Notes

Statutory Notes and Related Subsidiaries

Effective DateSection applicable only with respect to wages paid on or after Jan. 1, 1967, see section 114(c)(1) of Pub. L. 89719, set out as an Effective Date of 1966 Amendment note under section 6323 of this title.