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2183
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MARVIN MANDEL, Governor
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Revenue and Taxes - Employer's Bond
FOR the purpose of authorizing the Comptroller to require
the filing of a bond by an employer out-of-state
employers in order to protect the revenue to be
obtained under the withholding tax provisions;
specifying the nature of the bond; requiring written
notice by the Comptroller that a bond is required;
providing for a hearing at the request of an
out—of-State employer; and generally relating to the
filing of a bond by out-of-State employers in
certain cases under the withholding tax law.
BY adding to
Article 81 — Revenue and Taxes
Section 312(p)
Annotated Code of Maryland
(1975 Replacement Volume and 1976 Supplement)
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 312(p) be and it is hereby
added to Article 81 — Revenue and Taxes, of the Annotated
Code of Maryland (1975 Replacement Volume and 1976
Supplement) to read as follows:
Article 81 — Revenue and Taxes
312.
(P) IN ORDER TO PROTECT THE REVENUE TO BE OBTAINED
UNDER THE WITHHOLDING TAX PROVISIONS OF THIS SUBTITLE,
THE COMPTROLLER, OR HIS AUTHORIZED AGENT, MAY REQUIRE AN
OUT-OF-STATE EMPLOYER TO FILE A BOND TO SECURE THE
PAYMENT OF ANY TAX OR PENALTY DUE OR WHICH MAY BECOME DUE
FROM THE EMPLOYER. THE BOND SHALL BE ISSUED BY A SURETY
COMPANY AUTHORIZED TO DO BUSINESS IN THIS STATE AND
APPROVED BY THE STATE INSURANCE COMMISSIONER AS TO
SOLVENCY AND RESPONSIBILITY. THE AMOUNT OF THE BOND
SHALL BE DETERMINED BY THE COMPTROLLER OR HIS AUTHORIZED
AGENT. WRITTEN NOTICE SHALL BE GIVEN TO THE EMPLOYER
THAT A BOND IS REQUIRED, AND THE NOTICE SHALL SPECIFY THE
AMOUNT OF THE BOND. WITHIN FIVE DAYS AFTER NOTICE IS
GIVEN BY THE COMPTROLLER OR HIS AGENT, THE EMPLOYER SHALL
FILE THE BOND WITH THE COMPTROLLER'S OFFICE, UNLESS THE
EMPLOYER, WITHIN FIVE DAYS AFTER NOTICE IS GIVEN,
REQUESTS A HEARING BEFORE THE COMPTROLLER. THE
EMPLOYERS REQUEST SHALL BE IN WRITING. AT THE HEARING
BEFORE THE COMPTROLLER OR HIS AGENT, THE NECESSITY,
PROPRIETY, AND AMOUNT OF THE BOND SHALL BE DETERMINED.
THE COMPTROLLER'S DETERMINATION IS FINAL, AND THE
EMPLOYER SHALL COMPLY WITHIN 15 DAYS AFTER WRITTEN NOTICE
OF THE DETERMINATION IS GIVEN.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
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