Kentucky Statutes 139.680 – Procedure in case of failure to withhold
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(1) If the purchaser of a business or stock of goods fails to withhold the purchase price as required, he becomes personally liable for the payment of the amount required to be withheld by him to the extent of the purchase price, valued in money. Within sixty (60) days after receiving a written request from the purchaser for a certificate, or within sixty (60) days from the date the former owner‘s records are made available for audit, whichever period expires the later, but in any event not later than ninety (90) days after receiving the request, the department shall either issue the certificate or mail notice to the purchaser at his address as it appears on the records of the department of the amount that must be paid as a condition to issuing the certificate.
(2) Failure of the department to mail the notice will release the purchaser from any further obligation to withhold the purchase price as above provided.
(3) The time within which the obligation of a successor may be enforced shall start to run at the time the retailer sells out his business or stock of goods or at the time that the determination against the retailer becomes final, whichever event occurs the later.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 439, effective June 20, 2005. — Created
1960 Ky. Acts ch. 5, Art. I, sec. 65, effective February 5, 1960.
(2) Failure of the department to mail the notice will release the purchaser from any further obligation to withhold the purchase price as above provided.
Terms Used In Kentucky Statutes 139.680
- Business: includes any activity engaged in by any person or caused to be engaged in by that person with the object of gain, benefit, or advantage, either direct or indirect. See Kentucky Statutes 139.010
- Department: means the Department of Revenue. See Kentucky Statutes 139.010
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Purchase: includes :
1. See Kentucky Statutes 139.010 - Retailer: means :
1. See Kentucky Statutes 139.010
(3) The time within which the obligation of a successor may be enforced shall start to run at the time the retailer sells out his business or stock of goods or at the time that the determination against the retailer becomes final, whichever event occurs the later.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 439, effective June 20, 2005. — Created
1960 Ky. Acts ch. 5, Art. I, sec. 65, effective February 5, 1960.