The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
004
:
WITHHOLDING OF TAXES AT SOURCE
(Cite as: 32 V.S.A. § 5843)
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§ 5843. Failure to account; maintenance of trust account
If a person fails at any time to comply with the Commissioner’s requirement under
subsection 5842(b) of this title to remit amounts deducted and withheld at such intervals and based upon such classifications
as the Commissioner designates, the Commissioner may petition the Superior Court wherein
the person has a place of business, and, upon the petition and hearing, a judge of
that court shall issue a citation declaring any amounts thereafter deducted and withheld
by the person under section 5841 of this title to be a trust for the State of Vermont. That order shall further require the person,
(and, if the person is a corporation, any principal officer of the corporation), to
remit those amounts as the Commissioner has required to, and to file a return with
respect to each of those payments under the terms of this subchapter with, the court
upon pain of contempt of court. The order of notice upon the petition shall be returnable
not later than seven business days after the filing of the petition. The petition
shall be heard and determined on the return day, or on such day as soon thereafter
as the court considers practicable and shall fix, having regard to the circumstances
of the case. The costs of the proceeding shall be payable as the court determines.
The remittance of those amounts shall be made to the court or, if the court so directs,
to the Commissioner, as the Commissioner has required for such period of time as the
Commissioner determines with the approval of the court, whether or not all tax liabilities
theretofore due have been satisfied, having regard to the maintenance of regular future
payments by the person. All amounts and all returns received by the court under this
section shall be remitted as soon as is practicable by the court to the Commissioner. (Added 1966, No. 61 (Sp. Sess.), § 1, eff. Jan. 1, 1966; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 266 (Adj. Sess.), § 3, eff. June 4, 1986; 1991, No. 186 (Adj. Sess.), § 14, eff. May 7, 1992; 1995, No. 29, § 10, eff. April 14, 1995; 2017, No. 11, § 61.)