Other duties of taxpayers, tax agents and payers of fees
Taxpayers, tax agents and payers of fees are not allowed to interfere with the lawful activities of officials of tax authorities in the performance of their official activities. In cases where tax authorities detect in the course of a desk or on-site inspection of violations of the tax legislation, these individuals must comply with the lawful requirements of the tax authorities to eliminate the identified violations.
The tax legislation established that tax authorities' checks on the accuracy of payment of taxes and fees by taxpayers, payers of charges and tax agents can be conducted for no more than three years preceding this year. Therefore, the obligation of the taxpayer, the payer of fees and the tax agent (both physical and legal person) includes ensuring within three years the preservation of accounting and tax records and other documents required for calculation and payment of taxes and fees. During the same period, the documents confirming the received income must be preserved, and, if necessary, the expenses incurred, as well as the taxes and fees paid and withheld.
The above duties under United States tax legislation are borne by all taxpayers, tax agents and payers of fees - both physical and legal entities. In addition, taxpayers and payers of fees - organizations and individual entrepreneurs are obliged to report to the tax authority at the place of tax registration the following information:
1) within seven days - about opening or closing accounts in commercial banks;
2) within a period not later than one month - on the beginning of participation in United States or foreign organizations;
3) within a period not later than one month - on the establishment, reorganization or liquidation of separate units in the territory of the United States;
4) within a period not later than three days - on the adoption of a resolution on declaring insolvency (bankruptcy), liquidation or reorganization.
For failure to perform or improper performance of the duties assigned to him, the taxpayer or the payer of fees is liable and punitive.
Special Responsibilities of Tax Agents
As already noted, for certain types of taxes on the taxpayer, the law does not have the duty to calculate the amount of tax - and pay taxes independently. Such duties are borne by the tax agent.
In accordance with the US Tax Code, tax agents are the persons on whom
responsibilities for calculating, withholding from the taxpayer and transferring the taxes due to the state budget system.
The duties of tax agents include:
1) correctly and timely calculate, withhold from the money paid to taxpayers, and transfer to the budget system appropriate taxes;
2) within one month in writing to inform the tax authority at the place of its registration of the impossibility to withhold tax from the taxpayer and on the amount of the taxpayer's debt;
3) keep records of income paid to taxpayers, withheld and transferred to appropriate tax budgets, including personally for each taxpayer;4) submit to the tax authority at the place of its registration the documents necessary to monitor the accuracy of calculating and withholding taxes from taxpayers, as well as transferring the withholding taxes to the appropriate budgets.
Tax agents, like taxpayers, are obliged for three years to secure the documents necessary for calculating, withholding and transferring taxes to the budget.
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