Section 18677 Of Article 5. Withholding From California Revenue And Taxation Code >> Division 2. >> Part 10.2. >> Chapter 2. >> Article 5.
18677
. (a) For purposes of this article, if a lender, surety, or
other person, who is not an employer under those 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 the employee or employees, the
lender, surety, or other person shall be liable in his or her own
person and estate to this state in a sum equal to the taxes (together
with interest) required to be deducted and withheld from the wages
by the employer.
(b) 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 the employer, with actual notice or knowledge
that the employer does not intend to or will not be able to make
timely payment or deposit of the amounts of tax required by this part
to be deducted and withheld by the employer from those wages, the
lender, surety, or other person shall be liable in his or her own
person and estate to the State of California in a sum equal to the
taxes (together with interest) which are not paid over to this state
by the employer with respect to the wages. However, the liability of
the 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 the employer for that purpose.
(c) Any amounts paid to this state pursuant to this section shall
be credited against the liability of the employer.