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Form 945-V Corpus Christi Texas: What You Should Know

The city has provided its opinion that the subcontractor owed a general duty to the city to pay  all wages withheld from the subcontractor's payment of wages under the subcontract. The city is entitled as a matter  of law to its opinion and judgment. However, the city is wrong in its assertion that it is required to  make its contribution pursuant to the provision requiring a city contract to specify the amount of taxes to be  withheld. The tax section, section 4911(c), (d)(2) (1993) sets forth the method of withholding and the date of  retributive payment. Section 4911(b)(1) and (2) do not define what a general duty to withhold includes.  It is clear that § 4911(c) requires withholding of the tax. In this case, the tax collector  obtained a statement from the company indicating the percentage that the company would need to withhold and  the date of the company's expectation that the amount would be necessary to bring the amount of tax  deducted to zero. Because the company was unable to provide the amount of the percentage required  (or the time when it was expected that the amount would be necessary to bring the amount of tax deducted  to zero) for purposes of assessing any interest on the amounts received, the company was  declared “not reasonably able” to provide the information the city required. The city has the  ability to determine which of the three alternatives a company has provided is the most correct. The  city is correct in its assessment that it cannot base an assessment on the date of the notice provided by the company, when it is likely that the    company's information is inaccurate and will not meet the city's needs at the time of    issuance and is unreliable in determining the amount of the tax. In addition, § 4911(c) does not provide for an exemption for the tax. By  the terms of § 4911(c), the general duty to withhold the tax requires that all withholding be  required.

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