ARM 42.17.113. PAYMENTS

(1) Failure to pay withheld amounts within the time provided, and the use thereof by the employer in forwarding its own business, is considered to be an illegal conversion of trust money. Penalties provided in 15-1-216, MCA, apply to any violation of the requirement to collect, truthfully account for, and pay amounts required to be deducted from employee wages. (2) If an employer's payment requirement of withholding tax for state purposes conflicts with the federal tax deposit requirements, the employer may elect to remit according to the federal schedule. The employer must provide the department with a copy of its federal notification. (3) Once an employer becomes subject to withholding tax as provided in 15-30-2501, MCA, the employer must continue to withhold, and report, income tax from the employees' wages for all subsequent calendar years.